H. R. 2617—798 
(iv) Manufacturers of aircraft structures. 
(v) Manufacturers of communications, navigation, 
and surveillance equipment used for the provision of 
air traffic services. 
(vi) Manufacturers of commercial space transpor-
tation launch vehicles. 
(vii) Commercial air carriers. 
(viii) General aviation operators. 
(ix) Rotorcraft operators. 
(x) Unmanned aircraft system operators. 
(xi) Aircraft maintenance providers. 
(xii) Aviation safety organizations. 
(B) At least 1 individual representing certified labor 
representatives of each of the following: 
(i) Aircraft mechanics. 
(ii) Aircraft engineers. 
(iii) Aircraft manufacturers. 
(iv) Airway transportation system specialists 
employed by the Federal Aviation Administration. 
(C) Individuals with expertise in logistics, economics, 
supply chain management, or another field or discipline 
related to the resilience of industrial supply chains. 
(c) ACTIVITIES.—In carrying out the responsibilities of the Task 
Force described in subsection (a), the Task Force shall— 
(1) engage with the aerospace industry to document trends 
in changes to production throughput and lead times of major 
end items produced by the aerospace industry; 
(2) determine the extent to which United States aerospace 
supply chains are potentially exposed to significant disturb-
ances, including the existence of and potential for supply chain 
issues such as chokepoints, bottlenecks, or shortages that could 
prevent or inhibit the production or flow of major end items 
and services; 
(3) explore new solutions to resolve such supply chain 
issues identified under paragraph (2), including through the 
use of— 
(A) existing aerospace infrastructure; and 
(B) aerospace infrastructure, manufacturing capabili-
ties, and production capacities in small or rural commu-
nities; 
(4) evaluate the potential for the introduction and integra-
tion of advanced technology to— 
(A) relieve such supply chain issues; and 
(B) fill such gaps; 
(5) utilize, to the maximum extent practicable, existing 
supply chain studies, reports, and materials in carrying out 
the activities described in this subsection; and 
(6) provide recommendations to address, manage, and 
relieve such supply chain issues. 
(d) MEETINGS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Task Force shall convene at such times and places, and by 
such means, as the Secretary determines to be appropriate, 
which may include the use of remote conference technology. 
(2) TIMING.—The Task Force shall convene for an initial 
meeting not later than 120 days after the date of enactment 
of this section and at least every 90 days thereafter.
H. R. 2617—799 
(e) REPORTS TO CONGRESS.— 
(1) REPORT OF TASK FORCE.— 
(A) IN GENERAL.—Not later than 1 year after the date 
of the initial meeting of the Task Force, the Task Force 
shall submit to the appropriate committees of Congress 
a report on the activities of the Task Force. 
(B) CONTENTS.—The report required under subpara-
graph (A) shall include— 
(i) best practices and recommendations identified 
pursuant to subsection (a)(2); 
(ii) a detailed description of the findings of the 
Task Force pursuant to the activities required by sub-
section (c); and 
(iii) recommendations of the Task Force, if any, 
for regulatory, policy, or legislative action to improve 
Government efforts to reduce barriers, mitigate risk, 
and bolster the resiliency of United States aerospace 
supply chains. 
(2) REPORT OF SECRETARY.—Not later than 180 days after 
the submission of the report required under paragraph (1), 
the Secretary shall submit a report to the appropriate commit-
tees of Congress on the status or implementation of rec-
ommendations of the Task Force included in the report required 
under paragraph (1). 
(f) APPLICABLE LAW.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Task Force. 
(g) SUNSET.—The Task Force shall terminate upon the submis-
sion of the report required by subsection (e)(1). 
(h) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Transportation and Infrastruc-
ture of the House of Representatives; and 
(B) the Committee on Commerce, Science, and 
Transportation of the Senate. 
(2) MAJOR END ITEM.—The term ‘‘major end item’’ means— 
(A) an aircraft; 
(B) an aircraft engine or propulsion system; 
(C) communications, navigation, or surveillance equip-
ment used in the provision of air traffic services; and 
(D) any other end item the manufacture and operation 
of which has a significant effect on air commerce, as deter-
mined by the Secretary. 
SEC. 107. COVERED OPERATIONS ELECTIVE STANDARDS. 
(a) IN GENERAL.—Section 44729(a) of title 49, United States 
Code, is amended by striking ‘‘covered operations until attaining 
65 years of age.’’ and inserting the following: ‘‘covered operations 
described in subsection (b)(1) until attaining 65 years of age. Air 
carriers that employ pilots who serve in covered operations 
described in subsection (b)(2) may elect to implement an age restric-
tion to prohibit employed pilots from serving in such covered oper-
ations after attaining 70 years of age by delivering written notice 
to the Administrator of the Federal Aviation Administration. Such 
election— 
‘‘(1) shall take effect 1 year after the date of delivery 
of written notice of the election; and
H. R. 2617—800 
‘‘(2) may not be terminated after the date on which such 
election takes effect by the air carrier.’’. 
(b) COVERED OPERATIONS.—Section 44729(b) of title 49, United 
States Code, is amended by striking ‘‘means operations under part 
121 of title 14, Code of Federal Regulations.’’ and inserting the 
following: ‘‘means— 
‘‘(1) operations under part 121 of title 14, Code of Federal 
Regulations; or 
‘‘(2) operations by a person that— 
‘‘(A) holds an air carrier certificate issued pursuant 
to part 119 of title 14, Code of Federal Regulations, to 
conduct operations under part 135 of such title; 
‘‘(B) holds management specifications under subpart 
K of title 91 of title 14, Code of Federal Regulations; 
and 
‘‘(C) performed an aggregate total of at least 75,000 
turbojet operations in calendar year 2019 or any subse-
quent year.’’. 
(c) PROTECTION FOR COMPLIANCE.—An action or election taken 
in conformance with the amendments made by this section, or 
taken in conformance with a regulation issued to carry out the 
amendments made by this section, may not serve as a basis for 
liability or relief in a proceeding brought under any employment 
law or regulation before any court or agency of the United States 
or of any State or locality. 
DIVISION R—NO TIKTOK ON 
GOVERNMENT DEVICES 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘No TikTok on Government 
Devices Act’’. 
SEC. 102. PROHIBITION ON THE USE OF TIKTOK. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘covered application’’ means the social net-
working service TikTok or any successor application or service 
developed or provided by ByteDance Limited or an entity owned 
by ByteDance Limited; 
(2) the term ‘‘executive agency’’ has the meaning given 
that term in section 133 of title 41, United States Code; and 
(3) the term ‘‘information technology’’ has the meaning 
given that term in section 11101 of title 40, United States 
Code. 
(b) PROHIBITION ON THE USE OF TIKTOK.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of this Act, the Director of the Office of 
Management and Budget, in consultation with the Adminis-
trator of General Services, the Director of the Cybersecurity 
and Infrastructure Security Agency, the Director of National 
Intelligence, and the Secretary of Defense, and consistent with 
the information security requirements under subchapter II of 
chapter 35 of title 44, United States Code, shall develop stand-
ards and guidelines for executive agencies requiring the 
removal of any covered application from information technology.
H. R. 2617—801 
(2) NATIONAL SECURITY AND RESEARCH EXCEPTIONS.—The 
standards and guidelines developed under paragraph (1) shall 
include— 
(A) exceptions for law enforcement activities, national 
security interests and activities, and security researchers; 
and 
(B) for any authorized use of a covered application 
under an exception, requirements for executive agencies 
to develop and document risk mitigation actions for such 
use. 
DIVISION S—OCEANS RELATED 
MATTERS 
TITLE I—DRIFTNET MODERNIZATION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Driftnet Modernization and 
Bycatch Reduction Act’’. 
SEC. 102. DEFINITION. 
Section 3(25) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1802(25)) is amended by inserting 
‘‘, or with a mesh size of 14 inches or greater,’’ after ‘‘more’’. 
SEC. 103. FINDINGS AND POLICY. 
(a) FINDINGS.—Section 206(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1826(b)) is 
amended— 
(1) in paragraph (6), by striking ‘‘and’’ at the end; 
(2) in paragraph (7), by striking the period and inserting 
‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) within the exclusive economic zone, large-scale driftnet 
fishing that deploys nets with large mesh sizes causes signifi-
cant entanglement and mortality of living marine resources, 
including myriad protected species, despite limitations on the 
lengths of such nets.’’. 
(b) POLICY.—Section 206(c) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1826(c)) is 
amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the end; 
(2) in paragraph (3), by striking the period and inserting 
‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) prioritize the phase out of large-scale driftnet fishing 
in the exclusive economic zone and promote the development 
and adoption of alternative fishing methods and gear types 
that minimize the incidental catch of living marine resources.’’. 
SEC. 104. TRANSITION PROGRAM. 
Section 206 of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1826) is amended by adding at 
the end the following— 
‘‘(i) FISHING GEAR TRANSITION PROGRAM.—
H. R. 2617—802 
‘‘(1) IN GENERAL.—During the 5-year period beginning on 
the date of enactment of the Driftnet Modernization and 
Bycatch Reduction Act, the Secretary shall conduct a transition 
program to facilitate the phase-out of large-scale driftnet fishing 
and adoption of alternative fishing practices that minimize 
the incidental catch of living marine resources, and shall award 
grants to eligible permit holders who participate in the pro-
gram. 
‘‘(2) PERMISSIBLE
USES.—Any permit holder receiving a 
grant under paragraph (1) may use such funds only for the 
purpose of covering— 
‘‘(A) any fee originally associated with a permit author-
izing participation in a large-scale driftnet fishery, if such 
permit is surrendered for permanent revocation, and such 
permit holder relinquishes any claim associated with the 
permit; 
‘‘(B) a forfeiture of fishing gear associated with a permit 
described in subparagraph (A); or 
‘‘(C) the purchase of alternative gear with minimal 
incidental catch of living marine resources, if the fishery 
participant is authorized to continue fishing using such 
alternative gears. 
‘‘(3) CERTIFICATION.—The Secretary shall certify that, with 
respect to each participant in the program under this sub-
section, any permit authorizing participation in a large-scale 
driftnet fishery has been permanently revoked and that no 
new permits will be issued to authorize such fishing.’’. 
SEC. 105. EXCEPTION. 
Section 307(1)(M) of the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1857(1)(M)) is amended by 
inserting before the semicolon the following: ‘‘, unless such large- 
scale driftnet fishing— 
‘‘(i) deploys, within the exclusive economic zone, 
a net with a total length of less than two and one- 
half kilometers and a mesh size of 14 inches or greater; 
and 
‘‘(ii) is conducted within 5 years of the date of 
enactment of the Driftnet Modernization and Bycatch 
Reduction Act’’. 
SEC. 106. FEES. 
(a) IN GENERAL.—The North Pacific Fishery Management 
Council may recommend, and the Secretary of Commerce may 
approve, regulations necessary for the collection of fees from charter 
vessel operators who guide recreational anglers who harvest Pacific 
halibut in International Pacific Halibut Commission regulatory 
areas 2C and 3A as those terms are defined in part 300 of title 
50, Code of Federal Regulations (or any successor regulations). 
(b) USE OF FEES.—Any fees collected under this section shall 
be available for the purposes of— 
(1) financing administrative costs of the Recreational Quota 
Entity program; 
(2) the purchase of halibut quota shares in International 
Pacific Halibut Commission regulatory areas 2C and 3A by 
the recreational quota entity authorized in part 679 of title 
50, Code of Federal Regulations (or any successor regulations); 
(3) halibut conservation and research; and
H. R. 2617—803 
(4) promotion of the halibut resource by the recreational 
quota entity authorized in part 679 of title 50, Code of Federal 
Regulations (or any successor regulations). 
(c) LIMITATION ON COLLECTION AND AVAILABILITY.—Fees shall 
be collected and available pursuant to this section only to the 
extent and in such amounts as provided in advance in appropria-
tions Acts, subject to subsection (d). 
(d) FEE
COLLECTED
DURING
START-UP
PERIOD.—Notwith-
standing subsection (c), fees may be collected through the date 
of enactment of an Act making appropriations for the activities 
authorized under this Act through September 30, 2023, and shall 
be available for obligation and remain available until expended. 
TITLE II—FISHERY RESOURCE 
DISASTERS IMPROVEMENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Fishery Resource Disasters 
Improvement Act’’. 
SEC. 202. 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, including a cause that occurred not 
more than 5 years prior to the date of a request for a 
fishery resource disaster determination that affected such 
applicable fishery. 
‘‘(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 pre-
vented by fishery management measures; and 
‘‘(ii) that is otherwise beyond the control of fishery 
managers to mitigate through conservation and 
management measures, including regulatory restric-
tions 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 loss or nega-
tive subsistence impact due to an allowable cause; 
and 
‘‘(ii) does not include— 
‘‘(I) reasonably predictable, foreseeable, and 
recurrent fishery cyclical variations in species dis-
tribution or stock abundance; or
H. R. 2617—804 
‘‘(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 Nin˜o 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 affected fishery for the 12 months during 
which the fishery resource disaster occurred, when com-
pared to average annual revenue in the most recent 5 
years when no fishery resource disaster occurred or equiva-
lent for stocks with cyclical life histories. 
‘‘(G) UNDETERMINED CAUSE.—The term ‘undetermined 
cause’ means a cause in which the current state of knowl-
edge does not allow the Secretary to identify the exact 
cause, and there is no current conclusive evidence sup-
porting 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, Indian Tribe, or interstate marine fisheries 
commission, or by the Secretary in cooperation with the 
affected State, Indian Tribe, or interstate marine fisheries 
commission. 
‘‘(C) SAVINGS CLAUSE.—The requirements under this 
paragraph and paragraphs (3), (4), and (5) shall take effect 
only with respect to fishery resource disaster determination 
requests submitted after the date of enactment of the 
Fishery Resource Disasters Improvement Act. 
‘‘(3) INITIATION OF A FISHERY RESOURCE DISASTER REVIEW.— 
‘‘(A) ELIGIBLE REQUESTERS.—
H. R. 2617—805 
‘‘(i) IN
GENERAL.—If the Secretary has not 
independently determined that a fishery resource dis-
aster has occurred, a request for a fishery resource 
disaster determination may be submitted to the Sec-
retary at any time, but not later than the applicable 
date determined under clause (ii), by— 
‘‘(I) the Governor of an affected State; 
‘‘(II) an official resolution of an Indian Tribe; 
or 
‘‘(III) any other comparable elected or politi-
cally appointed representative as determined by 
the Secretary. 
‘‘(ii) APPLICABLE DATE.—The applicable date under 
this clause shall be— 
‘‘(I) 1 year after the date of the conclusion 
of the fishing season; 
‘‘(II) in the case of a distinct cause that occurs 
during more than 1 consecutive fishing season, 
2 years after the date of the conclusion of the 
fishing season for which the request for a fishery 
resource disaster determination is made; or 
‘‘(III) in the case of a complete fishery closure, 
1 year after the date on which that closure is 
determined by the Secretary. 
‘‘(B) REQUIRED INFORMATION.—A complete request for 
a fishery resource disaster determination under subpara-
graph (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, 
as determined by the eligible requester, including 
geographic boundaries that are smaller than the area 
represented by the eligible requester; 
‘‘(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 bio-
mass 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) significant— 
‘‘(aa) 12-month revenue loss for the 
affected fishery; or 
‘‘(bb) negative subsistence impact for the 
affected fishery, or if a fishery resource dis-
aster 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
H. R. 2617—806 
‘‘(IV) if applicable and available, information 
on affected fishery 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 subpara-
graph (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 con-
sultation with the affected fishing communities, States, 
or Indian 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 assess-
ments 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;
H. R. 2617—807 
‘‘(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, rec-
reational 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 determina-
tion; 
‘‘(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 Sec-
retary shall notify the requester and the Governor of the 
affected State or Indian Tribe representative of the deter-
mination of the Secretary. 
‘‘(5) CRITERIA FOR DETERMINATIONS.— 
‘‘(A) IN GENERAL.—The Secretary shall make a deter-
mination about whether a fishery resource disaster has 
occurred, based on the revenue loss thresholds under 
subparagraph (B), and, if a fishery resource disaster has 
occurred, whether the fishery resource disaster was due 
to— 
‘‘(i) a natural cause; 
‘‘(ii) an anthropogenic cause;
H. R. 2617—808 
‘‘(iii) a combination of a natural cause and an 
anthropogenic cause; or 
‘‘(iv) an undetermined cause. 
‘‘(B) REVENUE LOSS THRESHOLDS.— 
‘‘(i) IN GENERAL.—Based on the information pro-
vided or analyzed under paragraph (4)(B), the Sec-
retary shall apply the following 12-month revenue loss 
thresholds in determining whether a fishery resource 
disaster has occurred: 
‘‘(I) Losses greater than 80 percent may result 
in a positive determination that a fishery resource 
disaster has occurred, based on the information 
provided or analyzed under paragraph (4)(B). 
‘‘(II) Losses between 35 percent and 80 percent 
shall be evaluated to determine whether economic 
impacts are severe enough to determine that a 
fishery resource disaster has occurred. 
‘‘(III) Losses less than 35 percent shall not 
be eligible for a determination that a fishery 
resource disaster has occurred. 
‘‘(ii) CHARTER FISHING.—In making a determina-
tion of whether a fishery resource disaster has 
occurred, the Secretary shall consider the economic 
impacts to the charter fishing industry to ensure finan-
cial coverage for charter fishing businesses. 
‘‘(iii) NEGATIVE SUBSISTENCE IMPACTS.—In consid-
ering negative subsistence impacts, the Secretary shall 
evaluate the severity of negative impacts to the fishing 
community instead of applying the revenue loss thresh-
olds described in clause (i). 
‘‘(C) INELIGIBLE FISHERIES.—A fishery subject to over-
fishing 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 dis-
aster. 
‘‘(D) EXCEPTIONAL CIRCUMSTANCES.—In an exceptional 
circumstance where substantial economic impacts to the 
affected fishery and fishing community have been subject 
to a disaster declaration under another statutory authority, 
such as in the case of a natural disaster or from the 
direct consequences of a Federal action taken to prevent, 
or in response to, a natural disaster for purposes of pro-
tecting life and safety, the Secretary may determine a 
fishery resource disaster has occurred without a request, 
notwithstanding the requirements under subparagraph (B) 
and paragraph (3). 
‘‘(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—
H. R. 2617—809 
‘‘(I) the public; and 
‘‘(II) representatives of affected fishing commu-
nities 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 Sec-
retary shall consider commercial, charter, headboat, or sea-
food processing revenue losses and negative impacts to 
subsistence or Indian Tribe ceremonial fishing opportunity, 
for the affected fishery, and may consider the following 
factors: 
‘‘(i) Direct economic impacts. 
‘‘(ii) Uninsured losses. 
‘‘(iii) Losses of recreational fishing opportunity. 
‘‘(iv) Aquaculture operations revenue loss. 
‘‘(v) Direct revenue losses to a fishing community. 
‘‘(vi) Treaty obligations. 
‘‘(vii) Other economic impacts. 
‘‘(D) SPEND PLANS.—To receive an allocation from funds 
available under paragraph (9), a requester with an affirma-
tive 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 Sec-
retary 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 pri-
ority:
H. R. 2617—810 
‘‘(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 reduc-
tion loan. 
‘‘(dd) Developing, repairing, or improving 
fishery-related public infrastructure. 
‘‘(ee) Direct assistance to a person, fishing 
community (including assistance for lost fish-
eries 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 para-
graph (5)(D) or by negative impacts to subsist-
ence or Indian Tribe ceremonial fishing oppor-
tunity. 
‘‘(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 Indian Tribe 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 sub-
section 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 Fed-
eral 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
H. R. 2617—811 
‘‘(II) assistance to subsistence or Tribal fish-
eries. 
‘‘(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 Oceano-
graphic and Atmospheric Administration. 
‘‘(ii) STATE GOVERNMENTS OR INDIAN TRIBES.—Of 
the funds remaining after the use described in clause 
(i), not more than 5 percent may be used by States, 
Indian Tribes, or interstate marine fisheries commis-
sions 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 manage-
ment 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 ade-
quate measures are in place to ensure that 
the vessel cannot reenter any fishery any-
where 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 Sec-
retary shall make available and update as appropriate, informa-
tion 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 2023 through 2027.’’. 
SEC. 
203. 
MAGNUSON-STEVENS 
FISHERY 
CONSERVATION 
AND 
MANAGEMENT ACT. 
(a) REPEAL.—Section 315 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1864) is repealed.