[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).
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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.]
* * * * * * *
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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
* * * * * * *
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)).
* * * * * * *
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]