[House Report 117-580]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-580

======================================================================



 
               FISHERY RESOURCE DISASTERS IMPROVEMENT ACT

                                _______
                                

 November 16, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 2923]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (S. 2923) to improve the Fishery Resource Disaster 
Relief program of the National Marine Fisheries Service, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Fishery Resource Disasters Improvement 
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 
                Resource Disasters Improvement 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, 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) 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.
                  ``(C) Subsistence loss.--In considering subsistence 
                loss, the Secretary shall evaluate the severity of loss 
                to the fishing community.
                  ``(D) 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.
                  ``(E) 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)(ee); 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.--The Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.) is amended--
          (1) by striking section 315 (16 U.S.C. 1864); and
          (2) by striking the item relating to section 315 in the table 
        of contents.
  (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 Resource 
        Disasters Improvement Act, and biennially thereafter''; and
          (3) in subparagraph (D), by striking ``the calendar'' and all 
        that follows through ``recommendations'' and inserting ``the 
        National Research Council's most recent recommendations''.

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 Resource Disasters Improvement 
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)).''.

                          Purpose of the Bill

    The purpose of S. 2923 is to improve the Fishery Resource 
Disaster Relief program of the National Marine Fisheries 
Service.

                  Background and Need for Legislation

    Fisheries are critical to the United States coastal 
economy. The productivity and profitability of marine fisheries 
vary drastically in response to natural and anthropogenic 
factors, such as pollution, environmental conditions, climatic 
changes, and severe weather events. While some factors such as 
natural variability and cyclical variations in fish stocks are 
generally predictable, other factors can impede fishery access 
or cause unanticipated and sudden losses to fish stocks. Such 
fishery resource disaster events cause substantial economic 
losses for domestic fishers and coastal communities.\1\
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    \1\Fishery Disaster Assistance, NOAA Fisheries, https://
www.fisheries.noaa.gov/national/funding-and-financial-services/fishery-
disaster-assistance (last updated Apr. 8, 2020).
---------------------------------------------------------------------------
    Fishery disaster assistance authorities and regulations are 
managed under the Magnuson-Stevens Fishery Conservation and 
Management Act and the Interjurisdictional Fisheries Act. 
Following a fishery disaster determined by the Secretary of 
Commerce, Congress may appropriate funds or provide fishery 
participants with grants, job retraining, employment, or low-
interest loans. Disaster assistance has also historically 
included proactive action to lessen or prevent future 
disruptions to fisheries, including fishery resource 
restoration, data collection or research, and fishing capacity 
reduction programs. However, the current system for fishery 
disaster relief has raised concerns regarding its ability to 
meet crucial needs. Ambiguous procedural deadlines, unclear 
definitions of allowable use cases, and lengthy funding 
approval and disbursal processes associated with the current 
system hinder the program's effectiveness and delay relief to 
struggling fishers and fishing communities.
    The Fishery Resource Disasters Improvement Act (introduced 
in identical form as H.R. 5453 and S. 2923) addresses 
shortcomings in the current fisheries disaster relief system 
within the National Marine Fisheries Service (NMFS). 
Specifically, the bill clarifies the declaration process for 
fishery resource disasters, expedites review processes by 
specifying NMFS actions timelines, improves fund dispersal 
processes efficiency, and specifies assistance eligibility for 
recreational, charter, and tribal fishers. The bill also 
clarifies eligible uses for relief funds, including habitat 
conservation or restoration to reduce adverse impacts on a 
fishery. Lastly, the bill promotes employment opportunities for 
fishery employees displaced by resource disaster events by 
prioritizing hiring these displaced workers for fishery 
rebuilding activities supported by disaster relief funds.

                            Committee Action

    H.R. 5453 was introduced on September 30, 2021, by 
Representative Jared Huffman (D-CA). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife.
    S. 2923, an identical companion bill, was introduced on 
September 30, 2021, by U.S. Senator Roger F. Wicker (R-MS). 
That same day, the bill, without referral to committee, was 
considered by the full Senate and passed without amendment by 
voice vote. On October 1, 2021, the House received the 
engrossed bill. On November 16, 2021, the bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife. 
On November 16, 2021, the Subcommittee held a hearing on H.R. 
4690, which is a larger bill that includes the text of H.R. 
5453/S. 2923. On November 17, 2021, the Natural Resources 
Committee met to consider S. 2923. The Subcommittee was 
discharged by unanimous consent. Rep. Garret Graves (R-LA) 
offered an amendment designated Graves #1 revised. The 
amendment was agreed to by voice vote. Rep. Graves offered an 
amendment designated Graves #2. The amendment was withdrawn. No 
other amendments were offered, and the bill, as amended, was 
adopted and ordered favorably reported to the House of 
Representatives by voice vote.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Oceans, and Wildlife held 
on November 16, 2021.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, as well as clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee has received the 
following estimate for the bill from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 9, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2923, the Fishery 
Resource Disasters Improvement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David Hughes.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 2923 would authorize the appropriation of $377 million 
over the 2021-2026 period for the Fisheries Disaster Assistance 
program administered by the National Oceanic and Atmospheric 
Administration (NOAA). The Congress provided $300 million for 
that program in 2021, which is the most recent appropriation 
for the program. Under current law, NOAA may provide financial 
assistance to commercial fisheries that experience economic 
hardship because of natural or manmade disasters. S. 2923 would 
explicitly define terms that are used to determine if a fishery 
is eligible for assistance. The bill also would require NOAA to 
adhere to a faster application review process and to fulfill 
additional reporting requirements.
    Using information from NOAA, CBO expects that implementing 
S. 2923 would not substantially change the way the program is 
administered under current law. The bill does not authorize 
specific amounts for any year in the period; for this estimate, 
we have shown the entire amount in fiscal year 2022. Based on 
historical spending patterns, CBO estimates that NOAA would 
spend $342 million over the 2022-2027 period and $35 million 
after 2027 to assist fisheries, assuming appropriation of the 
authorized amount.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 370 (commerce and housing credit).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2923
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2022     2023     2024     2025     2026     2027   2022-2027
----------------------------------------------------------------------------------------------------------------
Authorizationa.................................      377        0        0        0        0        0        377
Estimated Outlays..............................        *       30      151       75       45       41        342
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.
aThe bill would authorize the appropriation of $377 million over the 2021-2026 period but does not authorize
  specific amounts for any year in the period. For this estimate, CBO has shown the entire authorized amount in
  2022.

    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to improve the Fishery Resource 
Disaster Relief program of the National Marine Fisheries 
Service.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The Fisheries Disaster Relief 
(CFDA No. 11.477) reauthorized by this bill is related and 
complementary to, but not duplicative of, the following 
programs identified in the most recent Catalog of Federal 
Domestic Assistance published pursuant to 31 U.S.C. Sec. 6104: 
Interjurisdictional Fisheries Act of 1986 (CFDA No. 11.407) and 
Unallied Industry Projects (CFDA No. 11.452).

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT


Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act 
may be cited as the ``Magnuson-Stevens Fishery Conservation and 
Management Act''.

                            TABLE OF CONTENTS

Sec. 2. Findings, purposes, and policy.
     * * * * * * *

             TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

     * * * * * * *
[ Sec. 315. Regional Coastal Disaster Assistance, Transition, and 
          Recovery Program.]

           *       *       *       *       *       *       *


TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS

           *       *       *       *       *       *       *


SEC. 202. INTERNATIONAL FISHERY AGREEMENTS.

  (a) Negotiations.--The Secretary of State--
          (1) shall renegotiate treaties as provided for in 
        subsection (b);
          (2) shall negotiate governing international fishery 
        agreements described in section 201(c);
          (3) may negotiate boundary agreements as provided for 
        in subsection (d);
          (4) shall, upon the request of and in cooperation 
        with the Secretary, initiate and conduct negotiations 
        for the purpose of entering into international fishery 
        agreements--
                  (A) which allow fishing vessels of the United 
                States equitable access to fish over which 
                foreign nations assert exclusive fishery 
                management authority, and
                  (B) which provide for the conservation and 
                management of anadromous species and highly 
                migratory species; and
          (5) may enter into such other negotiations, not 
        prohibited by subsection (c), as may be necessary and 
        appropriate to further the purposes, policy, and 
        provisions of this Act.
  (b) Treaty Renegotiation.--The Secretary of State, in 
cooperation with the Secretary, shall initiate, promptly after 
the date of enactment of this Act, the renegotiation of any 
treaty which pertains to fishing within the exclusive economic 
zone (or within the area that will constitute such zone after 
February 28, 1977), or for anadromous species or Continental 
Shelf fishery resources beyond such zone or area, and which is 
in any manner inconsistent with the purposes, policy, or 
provisions of this Act, in order to conform such treaty to such 
purposes, policy, and provisions. It is the sense of Congress 
that the United States shall withdraw from any such treaty, in 
accordance with its provisions, if such treaty is not so 
renegotiated within a reasonable period of time after such date 
of enactment.
  (c) International Fishery Agreements.--No international 
fishery agreement (other than a treaty) which pertains to 
foreign fishing within the exclusive economic zone (or within 
the area that will constitute such zone after February 28, 
1977), or for anadromous species or Continental Shelf fishery 
resources beyond such zone or area--
          (1) which is in effect on June 1, 1976, may 
        thereafter be renewed, extended, or amended; or
          (2) may be entered into after May 31, 1976;
by the United States unless it is in accordance with the 
provisions of section 201(c) or section 204(e).
  (d) Boundary Negotiations.--The Secretary of State, in 
cooperation with the Secretary, may initiate and conduct 
negotiations with any adjacent or opposite foreign nation to 
establish the boundaries of the exclusive economic zone of the 
United States in relation to any such nation.
  (e) Highly Migratory Species Agreements.--
          (1) Evaluation.--The Secretary of State, in 
        cooperation with the Secretary, shall evaluate the 
        effectiveness of each existing international fishery 
        agreement which pertains to fishing for highly 
        migratory species. Such evaluation shall consider 
        whether the agreement provides for--
                  (A) the collection and analysis of necessary 
                information for effectively managing the 
                fishery, including but not limited to 
                information about the number of vessels 
                involved, the type and quantity of fishing gear 
                used, the species of fish involved and their 
                location, the catch and bycatch levels in the 
                fishery, and the present and probable future 
                condition of any stock of fish involved;
                  (B) the establishment of measures applicable 
                to the fishery which are necessary and 
                appropriate for the conservation and management 
                of the fishery resource involved;
                  (C) equitable arrangements which provide 
                fishing vessels of the United States with (i) 
                access to the highly migratory species that are 
                the subject of the agreement and (ii) a portion 
                of the allowable catch that reflects the 
                traditional participation by such vessels in 
                the fishery;
                  (D) effective enforcement of conservation and 
                management measures and access arrangements 
                throughout the area of jurisdiction; and
                  (E) sufficient and dependable funding to 
                implement the provisions of the agreement, 
                based on reasonable assessments of the benefits 
                derived by participating nations.
          (2) Access negotiations.--The Secretary of State, in 
        cooperation with the Secretary, shall initiate 
        negotiations with respect to obtaining access for 
        vessels of the United States fishing for tuna species 
        within the exclusive economic zones of other nations on 
        reasonable terms and conditions.
          (3) Reports.--The Secretary of State shall report to 
        the Congress--
                  (A) within 12 months after the date of 
                enactment of this subsection, on the results of 
                the evaluation required under paragraph (1), 
                together with recommendations for addressing 
                any inadequacies identified; and
                  (B) within six months after such date of 
                enactment, on the results of the access 
                negotiations required under paragraph (2).
          (4) Negotiation.--The Secretary of State, in 
        consultation with the Secretary, shall undertake such 
        negotiations with respect to international fishery 
        agreements on highly migratory species as are necessary 
        to correct inadequacies identified as a result of the 
        evaluation conducted under paragraph (1).
          (5) South pacific tuna treaty.--It is the sense of 
        the Congress that the United States Government shall, 
        at the earliest opportunity, begin negotiations for the 
        purpose of extending the Treaty on Fisheries Between 
        the Governments of Certain Pacific Island States and 
        the Government of the United States of America, signed 
        at Port Moresby, Papua New Guinea, April 2, 1987, and 
        it Annexes, Schedules, and implementing agreements for 
        an additional term of 10 years on terms and conditions 
        at least as favorable to vessels of the United States 
        and the United States Government.
  (f) Nonrecognition.--It is the sense of the Congress that the 
United States Government shall not recognize the claim of any 
foreign nation to an exclusive economic zone (or the 
equivalent) beyond such nation's territorial sea, to the extent 
that such sea is recognized by the United States, if such 
nation--
          (1) fails to consider and take into account 
        traditional fishing activity of fishing vessels of the 
        United States;
          (2) fails to recognize and accept that highly 
        migratory species are to be managed by applicable 
        international fishery agreements, whether or not such 
        nation is a party to any such agreement; or
          (3) imposes on fishing vessels of the United States 
        any conditions or restrictions which are unrelated to 
        fishery conservation and management.
  (g) Fishery Agreement With Union of Soviet Socialist 
Republics.--(1) The Secretary of State, in consultation with 
the Secretary, is authorized to negotiate and conclude a 
fishery agreement with Russia of a duration of no more than 3 
years, pursuant to which--
          (A) Russia will give United States fishing vessels 
        the opportunity to conduct traditional fisheries within 
        waters claimed by the United States prior to the 
        conclusion of the Agreement between the United States 
        of America and the Union of Soviet Socialist Republics 
        on the Maritime Boundary, signed June 1, 1990, west of 
        the maritime boundary, including the western special 
        area described in Article 3(2) of the Agreement;
          (B) the United States will give fishing vessels of 
        Russia the opportunity to conduct traditional fisheries 
        within waters claimed by the Union of Soviet Socialist 
        Republics prior to the conclusion of the Agreement 
        referred to in subparagraph (A), east of the maritime 
        boundary, including the eastern special areas described 
        in Article 3(1) of the Agreement;
          (C) catch data shall be made available to the 
        government of the country exercising fisheries 
        jurisdiction over the waters in which the catch 
        occurred; and
          (D) each country shall have the right to place 
        observers on board vessels of the other country and to 
        board and inspect such vessels.
  (2) Vessels operating under a fishery agreement negotiated 
and concluded pursuant to paragraph (1) shall be subject to 
regulations and permit requirements of the country in whose 
waters the fisheries are conducted only to the extent such 
regulations and permit requirements are specified in that 
agreement.
  (3) The Secretary of Commerce may promulgate such 
regulations, in accordance with section 553 of title 5, United 
States Code, as may be necessary to carry out the provisions of 
any fishery agreement negotiated and concluded pursuant to 
paragraph (1).
  (h) Bycatch Reduction Agreements.--
          (1) The Secretary of State, in cooperation with the 
        Secretary, shall seek to secure an international 
        agreement to establish standards and measures for 
        bycatch reduction that are comparable to the standards 
        and measures applicable to United States fishermen for 
        such purposes in any fishery regulated pursuant to this 
        Act for which the Secretary, in consultation with the 
        Secretary of State, determines that such an 
        international agreement is necessary and appropriate.
          (2) An international agreement negotiated under this 
        subsection shall be--
                  (A) consistent with the policies and purposes 
                of this Act; and
                  (B) subject to approval by Congress under 
                section 203.
          [(3) Not later than January 1, 1997, and annually 
        thereafter, the Secretary, in consultation with the 
        Secretary of State, shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Resources of the House of 
        Representatives a report describing actions taken under 
        this subsection.]

           *       *       *       *       *       *       *


SEC. 206. LARGE-SCALE DRIFTNET FISHING.

  (a) Short Title.--This section incorporates and expands upon 
provisions of the Driftnet Impact Monitoring, Assessment, and 
Control Act of 1987 and may be cited as the ``Driftnet Act 
Amendments of 1990''.
  (b) Findings.--The Congress finds that--
          (1) the continued widespread use of large-scale 
        driftnets beyond the exclusive economic zone of any 
        nation is a destructive fishing practice that poses a 
        threat to living marine resources of the world's 
        oceans, including but not limited to the North and 
        South Pacific Ocean and the Bering Sea;
          (2) the use of large-scale driftnets is expanding 
        into new regions of the world's oceans, including the 
        Atlantic Ocean and Caribbean Sea;
          (3) there is a pressing need for detailed and 
        reliable information on the number of seabirds, sea 
        turtles, nontarget fish, and marine mammals that become 
        entangled and die in actively fished large-scale 
        driftnets and in large-scale driftnets that are lost, 
        abandoned, or discarded;
          (4) increased efforts, including reliable observer 
        data and enforcement mechanisms, are needed to monitor, 
        assess, control, and reduce the adverse impact of 
        large-scale driftnet fishing on living marine 
        resources;
          (5) the nations of the world have agreed in the 
        United Nations, through General Assembly Resolution 
        Numbered 44-225, approved December 22, 1989, by the 
        General Assembly, that a moratorium should be imposed 
        by June 30, 1992, on the use of large-scale driftnets 
        beyond the exclusive economic zone of any nation;
          (6) the nations of the South Pacific have agreed to a 
        moratorium on the use of large-scale driftnets in the 
        South Pacific through the Convention for the 
        Prohibition of Fishing with Long Driftnets in the South 
        Pacific, which was agreed to in Wellington, New 
        Zealand, on November 29, 1989; and
          (7) increasing population pressures and new knowledge 
        of the importance of living marine resources to the 
        health of the global ecosystem demand that greater 
        responsibility be exercised by persons fishing or 
        developing new fisheries beyond the exclusive economic 
        zone of any nation.
  (c) Policy.--It is declared to be the policy of the Congress 
in this section that the United States should--
          (1) implement the moratorium called for by the United 
        Nations General Assembly in Resolution Numbered 44-225;
          (2) support the Tarawa Declaration and the Wellington 
        Convention for the Prohibition of Fishing with Long 
        Driftnets in the South Pacific; and
          (3) secure a permanent ban on the use of destructive 
        fishing practices, and in particular large-scale 
        driftnets, by persons or vessels fishing beyond the 
        exclusive economic zone of any nation.
  (d) International Agreements.--The Secretary, through the 
Secretary of State and the Secretary of the department in which 
the Coast Guard is operating, shall seek to secure 
international agreements to implement immediately the findings, 
policy, and provisions of this section, and in particular an 
international ban on large-scale driftnet fishing. The 
Secretary, through the Secretary of State, shall include, in 
any agreement which addresses the taking of living marine 
resources of the United States, provisions to ensure that--
          (1) each large-scale driftnet fishing vessel of a 
        foreign nation that is party to the agreement, 
        including vessels that may operate independently to 
        develop new fishing areas, which operate beyond the 
        exclusive economic zone of any nation, is included in 
        such agreement;
          (2) each large-scale driftnet fishing vessel of a 
        foreign nation that is party to the agreement, which 
        operates beyond the exclusive economic zone of any 
        nation, is equipped with satellite transmitters which 
        provide real-time position information accessible to 
        the United States;
          (3) statistically reliable monitoring by the United 
        States is carried out, through the use of on-board 
        observers or through dedicated platforms provided by 
        foreign nations that are parties to the agreement, of 
        all target and nontarget fish species, marine mammals, 
        sea turtles, and sea birds entangled or killed by 
        large-scale driftnets used by fishing vessels of 
        foreign nations that are parties to the agreement;
          (4) officials of the United States have the right to 
        board and inspect for violations of the agreement any 
        large-scale driftnet fishing vessels operating under 
        the flag of a foreign nation that is party to the 
        agreement at any time while such vessel is operating in 
        designated areas beyond the exclusive economic zone of 
        any nation;
          (5) all catch landed or transshipped at sea by large-
        scale driftnet fishing vessels of a foreign nation that 
        is a party to the agreement, and which are operated 
        beyond the exclusive economic zone of any nation, is 
        reliably monitored and documented;
          (6) time and area restrictions are imposed on the use 
        of large-scale driftnets in order to prevent 
        interception of anadromous species;
          (7) all large-scale drifnets used are constructed, 
        insofar as feasible, with biodegradable materials which 
        break into segments that do not represent a threat to 
        living marine resources;
          (8) all large-scale driftnets are marked at 
        appropriate intervals in a manner that conclusively 
        identifies the vessel and flag nation responsible for 
        each such driftnet;
          (9) the taking of nontarget fish species, marine 
        mammals, sea turtles, seabirds, and endangered species 
        or other species protected by international agreements 
        to which the United States is a party is minimized and 
        does not pose a threat to existing fisheries or the 
        long-term health of living marine resources; and
          (10) definitive steps are agreed upon to ensure that 
        parties to the agreement comply with the spirit of 
        other international agreements and resolutions 
        concerning the use of large-scale driftnets beyond the 
        exclusive economic zone of any nation.
  [(e) Report.--Not later than January 1, 1991, and every year 
thereafter until the purposes of this section are met, the 
Secretary, after consultation with the Secretary of State and 
the Secretary of the department in which the Coast Guard is 
operating, shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Merchant 
Marine and Fisheries of the House of Representatives a report--
          [(1) describing the steps taken to carry out the 
        provisions of this section, particularly subsection 
        (c);
          [(2) evaluating the progress of those efforts, the 
        impacts on living marine resources, including available 
        observer data, and specifying plans for further action;
          [(3) containing 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
          [(4) containing 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.
  [(f) 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 (e)(4), 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)).]
  [(g)] (e) Effect on Sovereign Rights.--This section shall not 
serve or be construed to expand or diminish the sovereign 
rights of the United States, as stated by Presidential 
Proclamation Numbered 5030, dated March 10, 1983, and reflected 
in this Act or other existing law.
  [(h)] (f) Definition.--As used in this section, the term 
``living marine resources'' includes fish, marine mammals, sea 
turtles, and seabirds and other waterfowl.

           *       *       *       *       *       *       *


TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

           *       *       *       *       *       *       *


SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES.

  [(a) Fisheries Disaster Relief.--(1) At the discretion of the 
Secretary or at the request of the Governor of an affected 
State or a fishing community, the Secretary shall determine 
whether there is a commercial fishery failure due to a fishery 
resource disaster as a result of--
          [(A) natural causes;
          [(B) man-made causes beyond the control of fishery 
        managers to mitigate through conservation and 
        management measures, including regulatory restrictions 
        (including those imposed as a result of judicial 
        action) imposed to protect human health or the marine 
        environment; or
          [(C) undetermined causes.
  [(2) Upon the determination under paragraph (1) that there is 
a commercial fishery failure, the Secretary is authorized to 
make sums available to be used by the affected State, fishing 
community, or by the Secretary in cooperation with the affected 
State or fishing community for assessing the economic and 
social effects of the commercial fishery failure, or any 
activity that the Secretary determines is appropriate to 
restore the fishery or prevent a similar failure in the future 
and to assist a fishing community affected by such failure. 
Before making funds available for an activity authorized under 
this section, the Secretary shall make a determination that 
such activity will not expand the size or scope of the 
commercial fishery failure in that fishery or into other 
fisheries or other geographic regions.
  [(3) 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.
  [(4) There are authorized to be appropriated to the Secretary 
such sums as are necessary for each of the fiscal years 2007 
through 2013.]
  (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 Resource Disasters 
                Improvement 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, 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) 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.
                  (C) Subsistence loss.--In considering 
                subsistence loss, the Secretary shall evaluate 
                the severity of loss to the fishing community.
                  (D) 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.
                  (E) 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)(ee); 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.
  (b) Fishing Capacity Reduction Program.--(1) The Secretary, 
at the request of the appropriate Council for fisheries under 
the authority of such Council, the Governor of a State for 
fisheries under State authority, or a majority of permit 
holders in the fishery, may conduct a voluntary fishing 
capacity reduction program (referred to in this section as the 
``program'') in a fishery if the Secretary determines that the 
program--
          (A) is necessary to prevent or end overfishing, 
        rebuild stocks of fish, or achieve measurable and 
        significant improvements in the conservation and 
        management of the fishery;
          (B) is consistent with the Federal or State fishery 
        management plan or program in effect for such fishery, 
        as appropriate, and that the fishery management plan--
                  (i) will prevent the replacement of fishing 
                capacity removed by the program through a 
                moratorium on new entrants, practicable 
                restrictions on vessel upgrades, and other 
                effort control measures, taking into account 
                the full potential fishing capacity of the 
                fleet; and
                  (ii) establishes a specified or target total 
                allowable catch or other measures that trigger 
                closure of the fishery or adjustments to reduce 
                catch; and
          (C) is cost-effective and, in the instance of a 
        program involving an industry fee system, prospectively 
        capable of repaying any debt obligation incurred under 
        section 1111 of title XI of the Merchant Marine Act, 
        1936.
  (2) The objective of the program shall be to obtain the 
maximum sustained reduction in fishing capacity at the least 
cost and in a minimum period of time. To achieve that 
objective, the Secretary is authorized to pay--
          (A) the owner of a fishing vessel, if the permit 
        authorizing the participation of the vessel in the 
        fishery is surrendered for permanent revocation and the 
        vessel owner and permit holder relinquish any claim 
        associated with the vessel or permit that could qualify 
        such owner or holder for any present or future limited 
        access system permit in the fishery for which the 
        program is established or in any other fishery and such 
        vessel is (i) scrapped, or (ii) through the Secretary 
        of the department in which the Coast Guard is 
        operating, subjected to title restrictions (including 
        loss of the vessel's fisheries endorsement) that 
        permanently prohibit and effectively prevent its use in 
        fishing in federal or state waters, or fishing on the 
        high seas or in the waters of a foreign nation; or
          (B) the holder of a permit authorizing participation 
        in the fishery, if such permit is surrendered for 
        permanent revocation, and such holder relinquishes any 
        claim associated with the permit and vessel used to 
        harvest fishery resources under the permit that could 
        qualify such holder for any present or future limited 
        access system permit in the fishery for which the 
        program was established.
  (3) Participation in the program shall be voluntary, but the 
Secretary shall ensure compliance by all who do participate.
  (4) The harvester proponents of each program and the 
Secretary shall consult, as appropriate and practicable, with 
Councils, Federal agencies, State and regional authorities, 
affected fishing communities, participants in the fishery, 
conservation organizations, and other interested parties 
throughout the development and implementation of any program 
under this section.
  (5) Payment condition.--The Secretary may not make a payment 
under paragraph (2) with respect to a vessel that will not be 
scrapped unless the Secretary certifies that the vessel will 
not be used for fishing in the waters of a foreign nation or 
fishing on the high seas.
  (6) Report.--
          (A) In general.--Subject to the availability of 
        funds, the Secretary shall, within 12 months after the 
        date of the enactment of the Magnuson-Stevens Fishery 
        Conservation and Management Reauthorization Act of 2006 
        submit to the Congress a report--
                  (i) identifying and describing the 20 
                fisheries in United States waters with the most 
                severe examples of excess harvesting capacity 
                in the fisheries, based on value of each 
                fishery and the amount of excess harvesting 
                capacity as determined by the Secretary;
                  (ii) recommending measures for reducing such 
                excess harvesting capacity, including the 
                retirement of any latent fishing permits that 
                could contribute to further excess harvesting 
                capacity in those fisheries; and
                  (iii) potential sources of funding for such 
                measures.
          (B) Basis for recommendations.--The Secretary shall 
        base the recommendations made with respect to a fishery 
        on--
                  (i) the most cost effective means of 
                achieving voluntary reduction in capacity for 
                the fishery using the potential for industry 
                financing; and
                  (ii) including measures to prevent the 
                capacity that is being removed from the fishery 
                from moving to other fisheries in the United 
                States, in the waters of a foreign nation, or 
                on the high seas.
  (c) Program Funding.--(1) The program may be funded by any 
combination of amounts--
          (A) available under clause (iv) of section 2(b)(1)(A) 
        of the Act of August 11, 1939 (15 U.S.C. 713c-
        3(b)(1)(A); the Saltonstall-Kennedy Act);
          (B) appropriated for the purposes of this section;
          (C) provided by an industry fee system established 
        under subsection (d) and in accordance with section 
        1111 of title XI of the Merchant Marine Act, 1936; or
          (D) provided from any State or other public sources 
        or private or non-profit organizations.
  (2) All funds for the program, including any fees established 
under subsection (d), shall be paid into the fishing capacity 
reduction fund established under section 1111 of title XI of 
the Merchant Marine Act, 1936.
  (d) Industry Fee System.--(1)(A) If an industry fee system is 
necessary to fund the program, the Secretary may conduct a 
referendum on such system. Prior to the referendum, the 
Secretary shall--
          (i) identify, to the extent practicable, and notify 
        all permit or vessel owners who would be affected by 
        the program; and
          (ii) make available to such owners information about 
        the industry fee system describing the schedule, 
        procedures, and eligibility requirements for the 
        referendum, the proposed program, and the amount and 
        duration and any other terms and conditions of the 
        proposed fee system.
  (B) The industry fee system shall be considered approved if 
the referendum votes which are cast in favor of the proposed 
system constitute at least a majority of the permit holders in 
the fishery, or 50 percent of the permitted allocation of the 
fishery, who participated in the fishery.
  (2) Notwithstanding section 304(d) and consistent with an 
approved industry fee system, the Secretary is authorized to 
establish such a system to fund the program and repay debt 
obligations incurred pursuant to section 1111 of title XI of 
the Merchant Marine Act, 1936. The fees for a program 
established under this section shall--
          (A) be determined by the Secretary and adjusted from 
        time to time as the Secretary considers necessary to 
        ensure the availability of sufficient funds to repay 
        such debt obligations;
          (B) not exceed 5 percent of the ex-vessel value of 
        all fish harvested from the fishery for which the 
        program is established;
          (C) be deducted by the first ex-vessel fish purchaser 
        from the proceeds otherwise payable to the seller and 
        accounted for and forwarded by such fish purchasers to 
        the Secretary in such manner as the Secretary may 
        establish, unless the Secretary determines that such 
        fees should be collected from the seller; and
          (D) be in effect only until such time as the debt 
        obligation has been fully paid.
  (e) Implementation Plan.--
          (1) Framework regulations.--The Secretary shall 
        propose and adopt framework regulations applicable to 
        the implementation of all programs under this section.
          (2) Program regulations.--The Secretary shall 
        implement each program under this section by 
        promulgating regulations that, together with the 
        framework regulations, establish each program and 
        control its implementation.
          (3) Harvester proponents' implementation plan.--The 
        Secretary may not propose implementation regulations 
        for a program to be paid for by an industry fee system 
        until the harvester proponents of the program provide 
        to the Secretary a proposed implementation plan that, 
        among other matters--
                  (A) proposes the types and numbers of vessels 
                or permits that are eligible to participate in 
                the program and the manner in which the program 
                shall proceed, taking into account--
                          (i) the requirements of this section;
                          (ii) the requirements of the 
                        framework regulations;
                          (iii) the characteristics of the 
                        fishery and affected fishing 
                        communities;
                          (iv) the requirements of the 
                        applicable fishery management plan and 
                        any amendment that such plan may 
                        require to support the proposed 
                        program;
                          (v) the general needs and desires of 
                        harvesters in the fishery;
                          (vi) the need to minimize program 
                        costs; and
                          (vii) other matters, including the 
                        manner in which such proponents propose 
                        to fund the program to ensure its cost 
                        effectiveness, as well as any relevant 
                        factors demonstrating the potential 
                        for, or necessary to obtain, the 
                        support and general cooperation of a 
                        substantial number of affected 
                        harvesters in the fishery (or portion 
                        of the fishery) for which the program 
                        is intended; and
                  (B) proposes procedures for program 
                participation (such as submission of owner bids 
                under an auction system or fair market-value 
                assessment), including any terms and conditions 
                for participation, that the harvester 
                proponents deem to be reasonably necessary to 
                meet the program's proposed objectives.
          (4) Participation contracts.--The Secretary shall 
        contract with each person participating in a program, 
        and each such contract shall, in addition to including 
        such other matters as the Secretary deems necessary and 
        appropriate to effectively implement each program 
        (including penalties for contract non-performance) be 
        consistent with the framework and implementing 
        regulations and all other applicable law.
          (5) Reduction auctions.--Each program not involving 
        fair market assessment shall involve a reduction 
        auction that scores the reduction price of each bid 
        offer by the data relevant to each bidder under an 
        appropriate fisheries productivity factor. If the 
        Secretary accepts bids, the Secretary shall accept 
        responsive bids in the rank order of their bid scores, 
        starting with the bid whose reduction price is the 
        lowest percentage of the productivity factor, and 
        successively accepting each additional responsive bid 
        in rank order until either there are no more responsive 
        bids or acceptance of the next bid would cause the 
        total value of bids accepted to exceed the amount of 
        funds available for the program.
          (6) Bid invitations.--Each program shall proceed by 
        the Secretary issuing invitations to bid setting out 
        the terms and conditions for participation consistent 
        with the framework and implementing regulations. Each 
        bid that the Secretary receives in response to the 
        invitation to bid shall constitute an irrevocable offer 
        from the bidder.

           *       *       *       *       *       *       *


[SEC. 315. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND 
                    RECOVERY PROGRAM.

  [(a) In General.--When there is a catastrophic regional 
fishery disaster the Secretary may, upon the request of, and in 
consultation with, the Governors of affected States, establish 
a regional economic transition program to provide immediate 
disaster relief assistance to the fishermen, charter fishing 
operators, United States fish processors, and owners of related 
fishery infrastructure affected by the disaster.
  [(b) Program Components.--
          [(1) In general.--Subject to the availability of 
        appropriations, the program shall provide funds or 
        other economic assistance to affected entities, or to 
        governmental entities for disbursement to affected 
        entities, for--
                  [(A) meeting immediate regional shoreside 
                fishery infrastructure needs, including 
                processing facilities, cold storage facilities, 
                ice houses, docks, including temporary docks 
                and storage facilities, and other related 
                shoreside fishery support facilities and 
                infrastructure while ensuring that those 
                projects will not result in an increase or 
                replacement of fishing capacity;
                  [(B) financial assistance and job training 
                assistance for fishermen who wish to remain in 
                a fishery in the region that may be temporarily 
                closed as a result of environmental or other 
                effects associated with the disaster;
                  [(C) funding, pursuant to the requirements of 
                section 312(b), to fishermen who are willing to 
                scrap a fishing vessel and permanently 
                surrender permits for fisheries named on that 
                vessel; and
                  [(D) any other activities authorized under 
                section 312 of this Act or section 308(d) of 
                the Interjurisdictional Fisheries Act of 1986 
                (16 U.S.C. 4107(d)).
          [(2) Job training.--Any fisherman who decides to 
        scrap a fishing vessel under the program shall be 
        eligible for job training assistance.
          [(3) State participation obligation.--The 
        participation by a State in the program shall be 
        conditioned upon a commitment by the appropriate State 
        entity to ensure that the relevant State fishery meets 
        the requirements of section 312(b) of this Act to 
        ensure excess capacity does not re-enter the fishery.
          [(4) No matching required.--The Secretary may waive 
        the matching requirements of section 312 of this Act, 
        section 308 of the Interjurisdictional Fisheries Act of 
        1986 (16 U.S.C. 4107), and any other provision of law 
        under which the Federal share of the cost of any 
        activity is limited to less than 100 percent if the 
        Secretary determines that--
                  [(A) no reasonable means are available 
                through which applicants can meet the matching 
                requirement; and
                  [(B) the probable benefit of 100 percent 
                Federal financing outweighs the public interest 
                in imposition of the matching requirement.
          [(5) Net revenue limit inapplicable.--Section 
        308(d)(3) of the Interjurisdictional Fisheries Act (16 
        U.S.C. 4107(d)(3)) shall not apply to assistance under 
        this section.
  [(c) Regional Impact Evaluation.--Within 2 months after a 
catastrophic regional fishery disaster the Secretary shall 
provide the Governor of each State participating in the program 
a comprehensive economic and socio-economic evaluation of the 
affected region's fisheries to assist the Governor in assessing 
the current and future economic viability of affected 
fisheries, including the economic impact of foreign fish 
imports and the direct, indirect, or environmental impact of 
the disaster on the fishery and coastal communities.
  [(d) Catastrophic Regional Fishery Disaster Defined.--In this 
section the term ``catastrophic regional fishery disaster'' 
means a natural disaster, including a hurricane or tsunami, or 
a regulatory closure (including regulatory closures resulting 
from judicial action) to protect human health or the marine 
environment, that--
          [(1) results in economic losses to coastal or fishing 
        communities;
          [(2) affects more than 1 State or a major fishery 
        managed by a Council or interstate fishery commission; 
        and
          [(3) is determined by the Secretary to be a 
        commercial fishery failure under section 312(a) of this 
        Act or a fishery resource disaster or section 308(d) of 
        the Interjurisdictional Fisheries Act of 1986 (16 
        U.S.C. 4107(d)).]

           *       *       *       *       *       *       *

                              ----------                              


 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION 
                              ACT OF 2006



           *       *       *       *       *       *       *
TITLE I--CONSERVATION AND MANAGEMENT

           *       *       *       *       *       *       *


SEC. 113. REGIONAL COASTAL DISASTER ASSISTANCE, TRANSITION, AND 
                    RECOVERY PROGRAM.

  (a) In General.--Title III (16 U.S.C. 1851 et seq.) is 
amended by adding at the end the following:

           *       *       *       *       *       *       *

  (b) Salmon Plan and Study.--
          (1) Recovery plan.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary of 
        Commerce shall complete a recovery plan for Klamath 
        River Coho salmon and make it available to the public.
          (2)  [Annual report] Report.--[Not later than 2 years 
        after the date of enactment of this Act, and annually 
        thereafter] Not later than 2 years after the date of 
        enactment of the Fishery Resource Disasters Improvement 
        Act, and biennially thereafter, the Secretary of 
        Commerce shall submit a report to the Senate Committee 
        on Commerce, Science, and Transportation and the House 
        of Representatives Committee on Resources on--
                  (A) the actions taken under the recovery plan 
                and other law relating to recovery of Klamath 
                River Coho salmon, and how those actions are 
                specifically contributing to its recovery;
                  (B) the progress made on the restoration of 
                salmon spawning habitat, including water 
                conditions as they relate to salmon health and 
                recovery, with emphasis on the Klamath River 
                and its tributaries below Iron Gate Dam;
                  (C) the status of other Klamath River 
                anadromous fish populations, particularly 
                Chinook salmon; and
                  (D) the actions taken by the Secretary to 
                address [the calendar year 2003 National 
                Research Council recommendations] the National 
                Research Council's most recent recommendations 
                regarding monitoring and research on Klamath 
                River Basin salmon stocks.
  (c) Oregon and California Salmon Fishery.--Federally 
recognized Indian tribes and small businesses, including 
fishermen, fish processors, and related businesses serving the 
fishing industry, adversely affected by Federal closures and 
fishing restrictions in the Oregon and California 2006 fall 
Chinook salmon fishery are eligible to receive direct 
assistance under section 312(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861a(a)) and 
section 308(d) of the Interjurisdictional Fisheries Act of 1986 
(16 U.S.C. 4107(d)). The Secretary may use no more than 4 
percent of any monetary assistance to pay for administrative 
costs.

           *       *       *       *       *       *       *

                              ----------                              


               INTERJURISDICTIONAL FISHERIES ACT OF 1986



           *       *       *       *       *       *       *
TITLE III--INTERJURISDICTIONAL FISHERIES

           *       *       *       *       *       *       *


[SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

  [(a) General Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for apportionment to 
carry out the purposes of this title $5,000,000 for each of 
fiscal years 2007 through 2010, and $2,500,000 for each of 
fiscal years 2011 and 2012.
  [(b) Additional Appropriations.--In addition to the amounts 
authorized in subsection (a), there are authorized to be 
appropriated to the Department of Commerce $65,000,000 for each 
of the fiscal years 1994 and 1995, which shall be available in 
such amounts as the Secretary may determine appropriate for the 
purposes of this title; except that--
          [(1) in providing funds to States under this 
        subsection, the Secretary shall give a preference to 
        those States regarding which the Secretary determines 
        there is a commercial fishery failure or serious 
        disruption affecting future production due to a fishery 
        resource disaster arising from natural or undetermined 
        causes, and any sums made available under this 
        subsection may be used either by the States or directly 
        by the Secretary in cooperation with the States for any 
        purpose that the Secretary determines is appropriate to 
        restore the fishery affected by such a failure or to 
        prevent a similar failure in the future; and
          [(2) the funds authorized to be appropriated under 
        this subsection shall not be available to the Secretary 
        for use as grants for chartering fishing vessels; and
          [(3) the Federal share of the cost of any activity 
        carried out with an amount appropriated under the 
        authority of this subsection shall be 75 percent of the 
        cost of that activity.
Amounts appropriated under this subsection shall remain 
available until expended.
  [(c) Development of Management Plans.--In addition to the 
amounts authorized under subsections (a) and (b), there are 
authorized to be appropriated to the Department of Commerce 
$900,000 for each of fiscal years 2007 through 2012, to support 
the efforts of the following interstate commissions to develop 
interstate fishery management plans for interjurisdictional 
fishery resources:
          [(1) The commission established by the Atlantic 
        States Marine Fisheries Compact, as consented to and 
        approved by Public Law 77-539 (56 Stat. 267), approved 
        May 4, 1942.
          [(2) The commission established by the Pacific Marine 
        Fisheries Compact, as consented to and approved by 
        Public Law 80-232 (61 Stat. 419), approved July 24, 
        1947.
          [(3) The commission established by the Gulf States 
        Marine Fisheries Compact, as consented to and approved 
        by Public Law 81-66 (63 Stat. 70), approved May 19, 
        1949.
  [(d) Assistance to Commercial Fishermen.--(1) In addition to 
the amounts authorized under subsections (a), (b), and (c), 
there are authorized to be appropriated to the Department of 
Commerce $65,000,000 for fiscal year 1992 to enable the 
Secretary to help persons engaged in commercial fisheries, 
either by providing assistance directly to those persons or by 
providing assistance indirectly through States and local 
government agencies and nonprofit organizations, for projects 
or other measures to alleviate harm determined by the Secretary 
to have been incurred as a direct result of a fishery resource 
disaster arising from Hurricane Hugo, Hurricane Andrew, 
Hurricane Iniki, or any other natural disaster. Amounts 
appropriated under this subsection shall remain available until 
expended.
  [(2) The Secretary shall determine the extent, and the 
beginning and ending dates, of any fishery resource disaster 
under this subsection.
  [(3) Eligibility for direct assistance to a person under this 
subsection shall be limited to any person that has less than 
$2,000,000 in net revenues annually from commercial fishing, as 
determined by the Secretary.
          [(4)(A) Assistance may not be provided under this 
        subsection 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 that fishery.
          [(B) As a condition of awarding assistance 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--
                          [(I) scrapped or otherwise disposed 
                        of in a manner approved by the 
                        Secretary; or
                          [(II) donated to a nonprofit 
                        organization and thereafter used only 
                        for purposes of research, education, or 
                        training; or
                          [(III) 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.
          [(C) A vessel that is prohibited from fishing under 
        subparagraph (B) shall not be eligible for a fishery 
        endorsement under section 12108(a) of title 46, United 
        States Code, and any such endorsement for the vessel 
        shall not be effective.
  [(5) The Secretary shall establish, after notice and 
opportunity for public comment, appropriate limitations, terms, 
and conditions for receiving assistance under this subsection.
  [(6) As used in this subsection, the term ``person'' means 
any individual or any corporation, partnership, trust, 
association, or other nongovernmental entity.
          [(7) With respect to funds available for the New 
        England region, the Secretary shall submit to the 
        Congress by January 1, 1997, with annual updates 
        thereafter as appropriate, a report on the New England 
        fishing capacity reduction initiative which provides--
                  [(A) the total number of Northeast 
                multispecies permits in each permit category 
                and calculates the maximum potential fishing 
                capacity of vessels holding such permits based 
                on the principal gear, gross registered 
                tonnage, engine horsepower, length, age, and 
                other relevant characteristics;
                  [(B) the total number of days at sea 
                available to the permitted Northeast 
                multispecies fishing fleet and the total days 
                at sea weighted by the maximum potential 
                fishing capacity of the fleet;
                  [(C) an analysis of the extent to which the 
                weighted days at sea are used by the active 
                participants in the fishery and of the 
                reduction in such days as a result of the 
                fishing capacity reduction program; and
                  [(D) an estimate of conservation benefits 
                (such as reduction in fishing mortality) 
                directly attributable to the fishing capacity 
                reduction program.]

           *       *       *       *       *       *       *

                              ----------                              


                           SMALL BUSINESS ACT



           *       *       *       *       *       *       *
SEC. 3. DEFINITIONS.

  (a) Small Business Concerns.--
          (1) In general.--For the purposes of this Act, a 
        small-business concern, including but not limited to 
        enterprises that are engaged in the business of 
        production of food and fiber, ranching and raising of 
        livestock, aquaculture, and all other farming and 
        agricultural related industries, shall be deemed to be 
        one which is independently owned and operated and which 
        is not dominant in its field of operation.
          (2) Establishment of size standards.--
                  (A) In general.--In addition to the criteria 
                specified in paragraph (1) and subject to the 
                requirements specified under subparagraph (C), 
                the Administrator may specify detailed 
                definitions or standards by which a business 
                concern may be determined to be a small 
                business concern for the purposes of this Act 
                or any other Act.
                  (B) Additional criteria.--The standards 
                described in paragraph (1) may utilize number 
                of employees, dollar volume of business, net 
                worth, net income, a combination thereof, or 
                other appropriate factors.
                  (C) Requirements.--Unless specifically 
                authorized by statute, no Federal department or 
                agency (including the Administration when 
                acting pursuant to subparagraph (A)) may 
                prescribe a size standard for categorizing a 
                business concern as a small business concern, 
                unless such proposed size standard--
                          (i) is proposed after an opportunity 
                        for public notice and comment;
                          (ii) provides for determining--
                                  (I) the size of a 
                                manufacturing concern as 
                                measured by the manufacturing 
                                concern's average employment 
                                based upon employment during 
                                each of the manufacturing 
                                concern's pay periods for the 
                                preceding 24 months;
                                  (II) the size of a business 
                                concern providing services on 
                                the basis of the annual average 
                                gross receipts of the business 
                                concern over a period of not 
                                less than 5 years;
                                  (III) the size of other 
                                business concerns on the basis 
                                of data over a period of not 
                                less than 3 years; or
                                  (IV) other appropriate 
                                factors; and
                          (iii) is approved by the 
                        Administrator.
          (3) Variation by industry and consideration of other 
        factors.--When establishing or approving any size 
        standard pursuant to paragraph (2), the Administrator 
        shall ensure that the size standard varies from 
        industry to industry to the extent necessary to reflect 
        the differing characteristics of the various industries 
        and consider other factors deemed to be relevant by the 
        Administrator.
          (4) Exclusion of certain security expenses from 
        consideration for purpose of small business size 
        standards.--
                  (A) Determination required.--Not later than 
                30 days after the date of enactment of this 
                paragraph, the Administrator shall review the 
                application of size standards established 
                pursuant to paragraph (2) to small business 
                concerns that are performing contracts in 
                qualified areas and determine whether it would 
                be fair and appropriate to exclude from 
                consideration in the average annual gross 
                receipts of such small business concerns any 
                payments made to such small business concerns 
                by Federal agencies to reimburse such small 
                business concerns for the cost of subcontracts 
                entered for the sole purpose of providing 
                security services in a qualified area.
                  (B) Action required.--Not later than 60 days 
                after the date of enactment of this paragraph, 
                the Administrator shall either--
                          (i) initiate an adjustment to the 
                        size standards, as described in 
                        subparagraph (A), if the Administrator 
                        determines that such an adjustment 
                        would be fair and appropriate; or
                          (ii) provide a report to the 
                        Committee on Small Business and 
                        Entrepreneurship of the Senate and the 
                        Committee on Small Business of the 
                        House of Representatives explaining in 
                        detail the basis for the determination 
                        by the Administrator that such an 
                        adjustment would not be fair and 
                        appropriate.
                  (C) Qualified areas.--In this paragraph, the 
                term ``qualified area'' means--
                          (i) Iraq,
                          (ii) Afghanistan, and
                          (iii) any foreign country which 
                        included a combat zone, as that term is 
                        defined in section 112(c)(2) of the 
                        Internal Revenue Code of 1986, at the 
                        time of performance of the relevant 
                        Federal contract or subcontract.
          (5) Alternative Size Standard.--
                  (A) In general.--The Administrator shall 
                establish an alternative size standard for 
                applicants for business loans under section 
                7(a) and applicants for development company 
                loans under title V of the Small Business 
                Investment Act of 1958 (15 U.S.C. 695 et seq.), 
                that uses maximum tangible net worth and 
                average net income as an alternative to the use 
                of industry standards.
                  (B) Interim rule.--Until the date on which 
                the alternative size standard established under 
                subparagraph (A) is in effect, an applicant for 
                a business loan under section 7(a) or an 
                applicant for a development company loan under 
                title V of the Small Business Investment Act of 
                1958 may be eligible for such a loan if--
                          (i) the maximum tangible net worth of 
                        the applicant is not more than 
                        $15,000,000; and
                          (ii) the average net income after 
                        Federal income taxes (excluding any 
                        carry-over losses) of the applicant for 
                        the 2 full fiscal years before the date 
                        of the application is not more than 
                        $5,000,000.
          (6) Proposed rulemaking.--In conducting rulemaking to 
        revise, modify or establish size standards pursuant to 
        this section, the Administrator shall consider, and 
        address, and make publicly available as part of the 
        notice of proposed rulemaking and notice of final rule 
        each of the following:
                  (A) a detailed description of the industry 
                for which the new size standard is proposed;
                  (B) an analysis of the competitive 
                environment for that industry;
                  (C) the approach the Administrator used to 
                develop the proposed standard including the 
                source of all data used to develop the proposed 
                rule making; and
                  (D) the anticipated effect of the proposed 
                rulemaking on the industry, including the 
                number of concerns not currently considered 
                small that would be considered small under the 
                proposed rule making and the number of concerns 
                currently considered small that would be deemed 
                other than small under the proposed rulemaking.
          (7) Common size standards.--In carrying out this 
        subsection, the Administrator may establish or approve 
        a single size standard for a grouping of 4-digit North 
        American Industry Classification System codes only if 
        the Administrator makes publicly available, not later 
        than the date on which such size standard is 
        established or approved, a justification demonstrating 
        that such size standard is appropriate for each 
        individual industry classification included in the 
        grouping.
          (8) Number of size standards.--The Administrator 
        shall not limit the number of size standards 
        established pursuant to paragraph (2), and shall assign 
        the appropriate size standard to each North American 
        Industry Classification System Code.
          (9) Petitions for reconsideration of size 
        standards.--
                  (A) In general.--A person may file a petition 
                for reconsideration with the Office of Hearings 
                and Appeals (as established under section 5(i)) 
                of a size standard revised, modified, or 
                established by the Administrator pursuant to 
                this subsection.
                  (B) Time limit.--A person filing a petition 
                for reconsideration described in subparagraph 
                (A) shall file such petition not later than 30 
                days after the publication in the Federal 
                Register of the notice of final rule to revise, 
                modify, or establish size standards described 
                in paragraph (6).
                  (C) Process for agency review.--The Office of 
                Hearings and Appeals shall use the same process 
                it uses to decide challenges to the size of a 
                small business concern to decide a petition for 
                review pursuant to this paragraph.
                  (D) Judicial review.--The publication of a 
                final rule in the Federal Register described in 
                subparagraph (B) shall be considered final 
                agency action for purposes of seeking judicial 
                review. Filing a petition for reconsideration 
                under subparagraph (A) shall not be a condition 
                precedent to judicial review of any such size 
                standard.
                  (E) Rules or guidance.--The Office of 
                Hearings and Appeals shall begin accepting 
                petitions for reconsideration described in 
                subparagraph (A) after the date on which the 
                Administration issues a rule or other guidance 
                implementing this paragraph. Notwithstanding 
                the provisions of subparagraph (B), petitions 
                for reconsideration of size standards revised, 
                modified, or established in a Federal Register 
                final rule published between November 25, 2015, 
                and the effective date of such rule or other 
                guidance shall be considered timely if filed 
                within 30 days of such effective date.
  (b) For purposes of this Act, any reference to an agency or 
department of the United States, and the term ``Federal 
agency,'' shall have the meaning given the term ``agency'' by 
section 551(1) of title 5, United States Code, but does not 
include the United States Postal Service or the General 
Accounting Office.
  (c)(1) For purposes of this Act, a qualified employee trust 
shall be eligible for any loan guarantee under section 7(a) 
with respect to a small business concern on the same basis as 
if such trust were the same legal entity as such concern.
  (2) For purposes of this Act, the term ``qualified employee 
trust'' means, with respect to a small business concern, a 
trust--
          (A) which forms part of an employee stock ownership 
        plan (as defined in section 4975(e)(7) of the Internal 
        Revenue Code of 1954)--
                  (i) which is maintained by such concern, and
                  (ii) which provides that each participant is 
                entitled to direct the plan trustee as to the 
                manner of how to vote the qualified employer 
                securities (as defined in section 4975(e)(8) of 
                the Internal Revenue Code of 1986), which are 
                allocated to the account of such participant 
                with respect to a corporate matter which (by 
                law or charter) must be decided by a vote 
                conducted in accordance with section 409(e) of 
                the Internal Revenue Code of 1986; and
          (B) in the case of any loan guarantee under section 
        7(a), the trustee of which enters into an agreement 
        with the Administrator of which enters into an 
        agreement with the Administrator which is binding on 
        the trust and no such small business concern and which 
        provides that--
                  (i) the loan guaranteed under section 7(a) 
                shall be used solely for the purchase of 
                qualifying employer securities of such concern.
                  (ii) all funds acquired by the concern in 
                such purchase shall be used by such concern 
                solely for the purposes for which such loan was 
                guaranteed,
                  (iii) such concern will provide such funds as 
                may be necessary for the timely repayment of 
                such loan, and the property of such concern 
                shall be available as security for repayment of 
                such loan, and
                  (iv) all qualifying employer securities 
                acquired by such trust in such purchase shall 
                be allocated to the accounts of participants in 
                such plan who are entitled to share in such 
                allocation, and each participant has a 
                nonforfeitable right, not later than the date 
                such loan is repaid, to all such qualifying 
                employer securities which are so allocated to 
                the participant's account.
  (3) Under regulations which may be prescribed by the 
Administrator, a trust may be treated as a qualified employee 
trust with respect to a small business concern if--
          (A) the trust is maintained by an employee 
        organization which represents at least 51 percent of 
        the employee of such concern, and
          (B) such concern maintains a plan--
                  (i) which is an employee benefit plan which 
                is designed to invest primarily in qualifying 
                employer securities (as defined in section 
                4975(e)(8) of the Internal Revenue Code of 
                1954).
                  (ii) which provides that each participant in 
                the plan is entitled to direct the plan as to 
                the manner in which voting rights under 
                qualifying employer securities which are 
                allocated to the account of such participant 
                are to be exercised with respect to a corporate 
                matter which (by law or charter) must be 
                decided by a majority vote of the outstanding 
                common shares voted,
                  (iii) which provides that each participant 
                who is entitled to distribution from the plan 
                has a right, in the case of qualifying employer 
                securities which are not readily tradable on an 
                established market, to require that the concern 
                repurchase such securities under a fair 
                valuation formula, and
                  (iv) which meets such other requirements 
                (similar to requirements applicable to employee 
                ownership plans as defined in section 
                4975(e)(7) of the Internal Revenue Code of 
                1954) as the Administrator may prescribe, and
          (C) in the case of a loan guarantee under section 
        7(a), such organization enters into an agreement with 
        the Administration which is described in paragraph 
        (2)(B).
  (d) For purposes of section 7 of this Act, the term 
``qualified Indian tribe'' means an Indian tribe as defined in 
section 4(a) of the Indian Self-Determination and Education 
Assistance Act, which owns and controls 100 per centum of a 
small business concern.
  (e) For purposes of section 7 of this Act, the term ``public 
or private organization for the handicapped'' means one--
          (1) which is organized under the laws of the United 
        States or of any State, operated in the interest of 
        handicapped individuals, the net income of which does 
        not insure in whole or in part to the benefit of any 
        shareholder or other individual;
          (2) which complies with any applicable occupational 
        health and safety standard prescribed by the Secretary 
        of Labor; and
          (3) which, in the production of commodities and in 
        the provision of services during any fiscal year in 
        which it received financial assistance under this 
        subsection, employs handicapped individuals for not 
        less than 75 per centum of the man-hours required for 
        the production or provision of the commodities or 
        services.
  (f) For purposes of section 7 of this Act, the term 
``handicapped individual'' means an individual--
          (1) who has a physical, mental, or emotional 
        impairment, defect, ailment, disease, or disability of 
        a permanent nature which in any way limits the 
        selection of any type of employment for which the 
        person would otherwise be qualified or qualifiable; or
          (2) who is a service-disabled veteran.
  (g) For purposes of section 7 of this Act, the term ``energy 
measures'' includes--
          (1) solar thermal energy equipment which is either of 
        the active type based upon mechanically forced energy 
        transfer or of the passive type based on convective, 
        conductive, or radiant energy transfer or some 
        combination equipment;
          (2) photovoltaic cells and related equipment;
          (3) a product or service the primary purpose of which 
        is conservation of energy through devices or techniques 
        which increase the energy through devices or techniques 
        which increase the energy efficiency of existing 
        equipment, methods of operation, or systems which use 
        fossil fuels, and which is on the Energy Conservation 
        Measures list of the Secretary of Energy or which the 
        Administrator determines to be consistent with the 
        intent of this subsection;
          (4) equipment the primary purpose of which is 
        production of energy from wood, biological waste, 
        grain, or other biomass source of energy;
          (5) equipment the primary purpose of which is 
        industrial cogeneration of energy, district heating, or 
        production of energy from industrial waste;
          (6) hydroelectric power equipment;
          (7) wind energy conversion equipment; and
          (8) engineering, architectural, consulting, or other 
        professional services which are necessary or 
        appropriate to aid citizens in using any of the 
        measures described in paragraph (1) through (7).
  (h) The term ``credit elsewhere'' means--
          (1) for the purposes of this Act (except as used in 
        section 7(b)), the availability of credit on reasonable 
        terms and conditions to the individual loan applicant 
        from non-Federal, non-State, or non-local government 
        sources, considering factors associated with 
        conventional lending practices, including--
                  (A) the business industry in which the loan 
                applicant operates;
                  (B) whether the loan applicant is an 
                enterprise that has been in operation for a 
                period of not more than 2 years;
                  (C) the adequacy of the collateral available 
                to secure the requested loan;
                  (D) the loan term necessary to reasonably 
                assure the ability of the loan applicant to 
                repay the debt from the actual or projected 
                cash flow of the business; and
                  (E) any other factor relating to the 
                particular credit application, as documented in 
                detail by the lender, that cannot be overcome 
                except through obtaining a Federal loan 
                guarantee under prudent lending standards; and
          (2) for the purposes of section 7(b), the 
        availability of credit on reasonable terms and 
        conditions from non-Federal sources taking into 
        consideration the prevailing rates and terms in the 
        community in or near where the applicant business 
        concern transacts business, or the applicant homeowner 
        resides, for similar purposes and periods of time.
  (i) For purposes of section 7 of this Act, the term 
``homeowners'' includes owners and lessees of residential 
property and also includes personal property.
  (j) For the purposes of this Act, the term ``small 
agricultural cooperative'' means an association (corporate or 
otherwise) acting pursuant to the provisions of the 
Agricultural Marketing Act (12 U.S.C. 1141j), whose size does 
not exceed the size standard established by the Administration 
for other similar agricultural small business concerns. In 
determining such size, the Administration shall regard the 
association as a business concern and shall not include the 
income or employees of any member shareholder of such 
cooperative.
  (k)(1) For the purposes of this Act, the term ``disaster'' 
means a sudden event which causes severe damage including, but 
not limited to, floods, hurricanes, tornadoes, earthquakes, 
fires, explosions, volcanoes, windstorms, landslides or 
mudslides, tidal waves, commercial fishery failures or fishery 
resource disasters [(as determined by the Secretary of Commerce 
under section 308(b) of the Interjurisdictional Fisheries Act 
of 1986)] (as determined by the Secretary of Commerce under the 
Fishery Resource Disasters Improvement Act), ocean conditions 
resulting in the closure of customary fishing waters, riots, 
civil disorders or other catastrophes, except it does not 
include economic dislocations.
  (2) For purposes of section 7(b)(2), the term ``disaster'' 
includes--
          (A) drought;
          (B) below average water levels in the Great Lakes, or 
        on any body of water in the United States that supports 
        commerce by small business concerns; and
          (C) ice storms and blizzards.
  (l) For purposes of this Act--
          (1) the term ``computer crime'' means''--
                  (A) any crime committed against a small 
                business concern by means of the use of a 
                computer; and
                  (B) any crime involving the illegal use of, 
                or tampering with, a computer owned or utilized 
                by a small business concern.
  (m) Definitions Relating to Contracting.--In this Act:
          (1) Prime contract.--The term ``prime contract'' has 
        the meaning given such term in section 8701(4) of title 
        41, United States Code.
          (2) Prime contractor.--The term ``prime contractor'' 
        has the meaning given such term in section 8701(5) of 
        title 41, United States Code.
          (3) Simplified acquisition threshold.--The term 
        ``simplified acquisition threshold'' has the meaning 
        given such term in section 134 of title 41, United 
        States Code.
          (4) Micro-purchase threshold.--The term ``micro-
        purchase threshold'' has the meaning given such term in 
        section 1902 of title 41, United States Code.
          (5) Total purchases and contracts for property and 
        services.--The term ``total purchases and contracts for 
        property and services'' shall mean total number and 
        total dollar amount of contracts and orders for 
        property and services.
  (n) For the purposes of this Act, a small business concern is 
a small business concern owned and controlled by women if--
          (1) at least 51 percent of small business concern is 
        owned by one or more women or, in the case of any 
        publicly owned business, at least 51 percent of the 
        stock of which is owned by one or more women; and
          (2) the management and daily business operations of 
        the business are controlled by one or more women.
  (o) Definitions of Bundling of Contract Requirements and 
Related Terms.--In this Act:
          (1) Bundled contract.--The term ``bundled contract'' 
        means a contract that is entered into to meet 
        requirements that are consolidated in a bundling of 
        contract requirements.
          (2) Bundling of contract requirements.--The term 
        ``bundling of contract requirements'' means 
        consolidating 2 or more procurement requirements for 
        goods or services previously provided or performed 
        under separate smaller contracts into a solicitation of 
        offers for a single contract that is likely to be 
        unsuitable for award to a small-business concern due 
        to--
                  (A) the diversity, size, or specialized 
                nature of the elements of the performance 
                specified;
                  (B) the aggregate dollar value of the 
                anticipated award;
                  (C) the geographical dispersion of the 
                contract performance sites; or
                  (D) any combination of the factors described 
                in subparagraphs (A), (B), and (C).
          (3) Separate smaller contract.--The term ``separate 
        smaller contract'', with respect to a bundling of 
        contract requirements, means a contract that has been 
        performed by 1 or more small business concerns or was 
        suitable for award to 1 or more small business 
        concerns.
  (p) Qualified Hubzone Small Business Concern.--In this Act, 
the term ``qualified HUBZone small business concern'' has the 
meaning given such term in section 31(b).
  (q) Definitions Relating to Veterans.--In this Act, the 
following definitions apply:
          (1) Service-disabled veteran.--The term ``service-
        disabled veteran'' means a veteran with a disability 
        that is service-connected (as defined in section 
        101(16) of title 38, United States Code).
          (2) Small business concern owned and controlled by 
        service-disabled veterans.--The term ``small business 
        concern owned and controlled by service-disabled 
        veterans'' means any of the following:
                  (A) A small business concern--
                          (i) not less than 51 percent of which 
                        is owned by one or more service-
                        disabled veterans or, in the case of 
                        any publicly owned business, not less 
                        than 51 percent of the stock (not 
                        including any stock owned by an ESOP) 
                        of which is owned by one or more 
                        service-disabled veterans; and
                          (ii) the management and daily 
                        business operations of which are 
                        controlled by one or more service-
                        disabled veterans or, in the case of a 
                        veteran with permanent and severe 
                        disability, the spouse or permanent 
                        caregiver of such veteran.
                  (B) A small business concern--
                          (i) not less than 51 percent of which 
                        is owned by one or more service-
                        disabled veterans with a disability 
                        that is rated by the Secretary of 
                        Veterans Affairs as a permanent and 
                        total disability who are unable to 
                        manage the daily business operations of 
                        such concern; or
                          (ii) in the case of a publicly owned 
                        business, not less than 51 percent of 
                        the stock (not including any stock 
                        owned by an ESOP) of which is owned by 
                        one or more such veterans.
                  (C)(i) During the time period described in 
                clause (ii), a small business concern that was 
                a small business concern described in 
                subparagraph (A) or (B) immediately prior to 
                the death of a service-disabled veteran who was 
                the owner of the concern, the death of whom 
                causes the concern to be less than 51 percent 
                owned by one or more service-disabled veterans, 
                if--
                                  (I) the surviving spouse of 
                                the deceased veteran acquires 
                                such veteran's ownership 
                                interest in such concern;
                                  (II) such veteran had a 
                                service-connected disability 
                                (as defined in section 101(16) 
                                of title 38, United States 
                                Code); and
                                  (III) immediately prior to 
                                the death of such veteran, and 
                                during the period described in 
                                clause (ii), the small business 
                                concern is included in the 
                                database described in section 
                                36.
                          (ii) The time period described in 
                        this clause is the time period 
                        beginning on the date of the veteran's 
                        death and ending on the earlier of--
                                  (I) the date on which the 
                                surviving spouse remarries;
                                  (II) the date on which the 
                                surviving spouse relinquishes 
                                an ownership interest in the 
                                small business concern; or
                          (III) the date that--
                                  (aa) in the case of a 
                                surviving spouse of a veteran 
                                with a service-connected 
                                disability rated as 100 percent 
                                disabling or who dies as a 
                                result of a service-connected 
                                disability, is 10 years after 
                                the date of the death of the 
                                veteran; or
                                  (bb) in the case of a 
                                surviving spouse of a veteran 
                                with a service-connected 
                                disability rated as less than 
                                100 percent disabling who does 
                                not die as a result of a 
                                service-connected disability, 
                                is 3 years after the date of 
                                the death of the veteran.
          (3) Small business concern owned and controlled by 
        veterans.--The term ``small business concern owned and 
        controlled by veterans'' means a small business 
        concern--
                  (A) not less than 51 percent of which is 
                owned by one or more veterans or, in the case 
                of any publicly owned business, not less than 
                51 percent of the stock of which is owned by 
                one or more veterans; and
                  (B) the management and daily business 
                operations of which are controlled by one or 
                more veterans.
          (4) Veteran.--The term ``veteran'' has the meaning 
        given the term in section 101(2) of title 38, United 
        States Code.
          (5) Relief from time limitations.--
                  (A) In general.--Any time limitation on any 
                qualification, certification, or period of 
                participation imposed under this Act on any 
                program that is available to small business 
                concerns shall be extended for a small business 
                concern that--
                          (i) is owned and controlled by--
                                  (I) a veteran who was called 
                                or ordered to active duty under 
                                a provision of law specified in 
                                section 101(a)(13)(B) of title 
                                10, United States Code, on or 
                                after September 11, 2001; or
                                  (II) a service-disabled 
                                veteran who became such a 
                                veteran due to an injury or 
                                illness incurred or aggravated 
                                in the active military, naval, 
                                or air service during a period 
                                of active duty pursuant to a 
                                call or order to active duty 
                                under a provision of law 
                                referred to in subclause (I) on 
                                or after September 11, 2001; 
                                and
                          (ii) was subject to the time 
                        limitation during such period of active 
                        duty.
                  (B) Duration.--Upon submission of proper 
                documentation to the Administrator, the 
                extension of a time limitation under 
                subparagraph (A) shall be equal to the period 
                of time that such veteran who owned or 
                controlled such a concern was on active duty as 
                described in that subparagraph.
                  (C) Exception for programs subject to federal 
                credit reform act of 1990.--The provisions of 
                subparagraphs (A) and (B) shall not apply to 
                any programs subject to the Federal Credit 
                Reform Act of 1990 (2 U.S.C. 661 et seq.).
          (6) ESOP.--The term ``ESOP'' has the meaning given 
        the term ``employee stock ownership plan'' in section 
        4975(e)(7) of the Internal Revenue Code of 1986 (26 
        U.S.C. 4975(e)(7)).
          (7) Surviving spouse.--The term ``surviving spouse'' 
        has the meaning given such term in section 101(3) of 
        title 38, United States Code.
  (r) Definitions Relating to Small Business Lending 
Companies.--As used in section 23 of this Act:
          (1) Small business lending company.--The term ``small 
        business lending company'' means a business concern 
        that is authorized by the Administrator to make loans 
        pursuant to section 7(a) and whose lending activities 
        are not subject to regulation by any Federal or State 
        regulatory agency.
          (2) Non-federally regulated lender.--The term ``non-
        Federally regulated lender'' means a business concern 
        if--
                  (A) such concern is authorized by the 
                Administrator to make loans under section 7;
                  (B) such concern is subject to regulation by 
                a State; and
                  (C) the lending activities of such concern 
                are not regulated by any Federal banking 
                authority.
  (s) Major Disaster.--In this Act, the term ``major disaster'' 
has the meaning given that term in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122).
  (t) Small Business Development Center.--In this Act, the term 
``small business development center'' means a small business 
development center described in section 21.
  (u) Region of the Administration.--In this Act, the term 
``region of the Administration'' means the geographic area 
served by a regional office of the Administration established 
under section 4(a).
  (v) Multiple Award Contract.--In this Act, the term 
``multiple award contract'' means--
          (1) a multiple award task order contract or delivery 
        order contract that is entered into under the authority 
        of sections 303H through 303K of the Federal Property 
        and Administrative Services Act of 1949 (41 U.S.C. 253h 
        through 253k); and
          (2) any other indefinite delivery, indefinite 
        quantity contract that is entered into by the head of a 
        Federal agency with 2 or more sources pursuant to the 
        same solicitation.
  (w) Presumption.--
          (1) In general.--In every contract, subcontract, 
        cooperative agreement, cooperative research and 
        development agreement, or grant which is set aside, 
        reserved, or otherwise classified as intended for award 
        to small business concerns, there shall be a 
        presumption of loss to the United States based on the 
        total amount expended on the contract, subcontract, 
        cooperative agreement, cooperative research and 
        development agreement, or grant whenever it is 
        established that a business concern other than a small 
        business concern willfully sought and received the 
        award by misrepresentation.
          (2) Deemed certifications.--The following actions 
        shall be deemed affirmative, willful, and intentional 
        certifications of small business size and status:
                  (A) Submission of a bid or proposal for a 
                Federal grant, contract, subcontract, 
                cooperative agreement, or cooperative research 
                and development agreement reserved, set aside, 
                or otherwise classified as intended for award 
                to small business concerns.
                  (B) Submission of a bid or proposal for a 
                Federal grant, contract, subcontract, 
                cooperative agreement, or cooperative research 
                and development agreement which in any way 
                encourages a Federal agency to classify the bid 
                or proposal, if awarded, as an award to a small 
                business concern.
                  (C) Registration on any Federal electronic 
                database for the purpose of being considered 
                for award of a Federal grant, contract, 
                subcontract, cooperative agreement, or 
                cooperative research agreement, as a small 
                business concern.
          (3) Certification by signature of responsible 
        official.--
                  (A) In general.--Each solicitation, bid, or 
                application for a Federal contract, 
                subcontract, or grant shall contain a 
                certification concerning the small business 
                size and status of a business concern seeking 
                the Federal contract, subcontract, or grant.
                  (B) Content of certifications.--A 
                certification that a business concern qualifies 
                as a small business concern of the exact size 
                and status claimed by the business concern for 
                purposes of bidding on a Federal contract or 
                subcontract, or applying for a Federal grant, 
                shall contain the signature of an authorized 
                official on the same page on which the 
                certification is contained.
          (4) Regulations.--The Administrator shall promulgate 
        regulations to provide adequate protections to 
        individuals and business concerns from liability under 
        this subsection in cases of unintentional errors, 
        technical malfunctions, and other similar situations.
  (x) Annual Certification.--
          (1) In general.--Each business certified as a small 
        business concern under this Act shall annually certify 
        its small business size and, if appropriate, its small 
        business status, by means of a confirming entry on the 
        Online Representations and Certifications Application 
        database of the Administration, or any successor 
        thereto.
          (2) Regulations.--Not later than 1 year after the 
        date of enactment of this subsection, the 
        Administrator, in consultation with the Inspector 
        General and the Chief Counsel for Advocacy of the 
        Administration, shall promulgate regulations to ensure 
        that--
                  (A) no business concern continues to be 
                certified as a small business concern on the 
                Online Representations and Certifications 
                Application database of the Administration, or 
                any successor thereto, without fulfilling the 
                requirements for annual certification under 
                this subsection; and
                  (B) the requirements of this subsection are 
                implemented in a manner presenting the least 
                possible regulatory burden on small business 
                concerns.
  (y) Policy on Prosecutions of Small Business Size and Status 
Fraud.--Not later than 1 year after the date of enactment of 
this subsection, the Administrator, in consultation with the 
Attorney General, shall issue a Government-wide policy on 
prosecution of small business size and status fraud, which 
shall direct Federal agencies to appropriately publicize the 
policy.
  (z) Aquaculture Business Disaster Assistance.--Subject to 
section 18(a) and notwithstanding section 18(b)(1), the 
Administrator may provide disaster assistance under section 
7(b)(2) to aquaculture enterprises that are small businesses.
  (aa) Venture Capital Operating Company.--In this Act, the 
term ``venture capital operating company'' means an entity 
described in clause (i), (v), or (vi) of section 121.103(b)(5) 
of title 13, Code of Federal Regulations (or any successor 
thereto).
  (bb) Hedge Fund.--In this Act, the term ``hedge fund'' has 
the meaning given that term in section 13(h)(2) of the Bank 
Holding Company Act of 1956 (12 U.S.C. 1851(h)(2)).
  (cc) Private Equity Firm.--In this Act, the term ``private 
equity firm'' has the meaning given the term ``private equity 
fund'' in section 13(h)(2) of the Bank Holding Company Act of 
1956 (12 U.S.C. 1851(h)(2)).
  (dd) Definitions Pertaining to Subcontracting.--In this Act:
          (1) Subcontract.--The term ``subcontract'' means a 
        legally binding agreement between a contractor that is 
        already under contract to another party to perform 
        work, and a third party, hereinafter referred to as the 
        subcontractor, for the subcontractor to perform a part, 
        or all, of the work that the contractor has undertaken.
          (2) First tier subcontractor.--The term ``first tier 
        subcontractor'' means a subcontractor who has a 
        subcontract directly with the prime contractor.
          (3) At any tier.--The term ``at any tier'' means any 
        subcontractor other than a subcontractor who is a first 
        tier subcontractor.
  (ee) Puerto Rico Business.--In this Act, the term ``Puerto 
Rico business'' means a small business concern that has its 
principal office located in the Commonwealth of Puerto Rico.
  (ff) Covered Territory Business.--In this Act, the term 
``covered territory business'' means a small business concern 
that has its principal office located in one of the following:
          (1) The United States Virgin Islands.
          (2) American Samoa.
          (3) Guam.
          (4) The Northern Mariana Islands.

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          HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT



           *       *       *       *       *       *       *
TITLE VI--DRIFTNET MORATORIUM

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SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

   (a) In General._The Secretary, in consultation with the 
Secretary of State, shall provide to Congress, by not later 
than 2 years after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act 
of 2006, and every 2 years thereafter, on June 1 of that year a 
report that includes--
          (1) the state of knowledge on the status of 
        international living marine resources shared by the 
        United States or subject to treaties or agreements to 
        which the United States is a party, including a list of 
        all such fish stocks classified as overfished, 
        overexploited, depleted, endangered, or threatened with 
        extinction by any international or other authority 
        charged with management or conservation of living 
        marine resources;
          (2) a list of nations that have been identified under 
        section 609(a) or 610(a), including the specific 
        offending activities and any subsequent actions taken 
        pursuant to section 609 or 610;
          (3) a description of efforts taken by nations on 
        those lists to comply take appropriate corrective 
        action consistent with sections 609 and 610, and an 
        evaluation of the progress of those efforts, including 
        steps taken by the United States to implement those 
        sections and to improve international compliance;
          (4) progress at the international level, consistent 
        with section 608, to strengthen the efforts of 
        international fishery management organizations to end 
        illegal, unreported, or unregulated fishing; and
          (5) steps taken by the Secretary at the international 
        level to adopt international measures comparable to 
        those of the United States to reduce impacts of fishing 
        and other practices on protected living marine 
        resources, if no international agreement to achieve 
        such goal exists, or if the relevant international 
        fishery or conservation organization has failed to 
        implement effective measures to end or reduce the 
        adverse impacts of fishing practices on such species.
  (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)).

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        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]