of this subsection, if the Secretary deter-
mines that— 
‘‘(I) no reasonable means are 
available through which the recipient 
of the Federal share can meet the 
non-Federal share requirement; and 
‘‘(II) the probable benefit of 100 
percent Federal financing outweighs 
the public interest in imposition of the 
non-Federal share requirement. 
‘‘(iii) 
EXCEPTION.—The 
Federal 
share of direct assistance as described in 
paragraph (6)(F)(iii)(I)(hh) shall be equal 
to 100 percent. 
‘‘(B) LIMITATIONS
ON
ADMINISTRATIVE 
EXPENSES.— 
‘‘(i) FEDERAL.—Not more than 3 per-
cent of the funds available under this sub-
section may be used for administrative ex-
penses by the National Oceanographic and 
Atmospheric Administration. 
‘‘(ii) STATE
OR
TRIBAL
GOVERN-
MENTS.—Of the funds remaining after the 
use described in clause (i), not more than 
5 percent may be used by States, Tribal 
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governments, or interstate marine fisheries 
commissions for administrative expenses. 
‘‘(C) FISHING CAPACITY REDUCTION PRO-
GRAM.— 
‘‘(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 pro-
gram, the Secretary shall— 
‘‘(I) prohibit the vessel from 
being used for fishing; and 
‘‘(II) require that the vessel be— 
‘‘(aa) scrapped or otherwise 
disposed of in a manner approved 
by the Secretary; 
‘‘(bb) donated to a nonprofit 
organization and thereafter used 
only for purposes of research, 
education, or training; or 
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‘‘(cc) used for another non- 
fishing purpose provided the Sec-
retary 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 subpara-
graph (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 en-
dorsement 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 COLLEC-
TION.—The Secretary shall make available and up-
date as appropriate, information on data collection 
and submittal best practices for the information de-
scribed in paragraph (4)(B). 
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 
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‘‘(A) AUTHORIZATION.—There are author-
ized to be appropriated to carry out this sub-
section such sums as may be necessary. 
‘‘(B) AVAILABILITY OF FUNDS.—Amounts 
appropriated under this subsection shall remain 
available until expended. 
‘‘(C) TAX
EXEMPT
STATUS.—The Fish-
eries Disasters Fund appropriated under this 
subsection shall be a tax exempt fund. 
‘‘(D) SUPPLEMENTAL APPROPRIATIONS.— 
The Secretary may use any supplemental ap-
propriations that are available to carry out this 
subsection.’’. 
SEC. 3. MAGNUSON-STEVENS FISHERY CONSERVATION AND 
MANAGEMENT ACT. 
(a) REPEAL.—Section 315 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1864) is repealed. 
(b) REPORT.—Section 113(b)(2) of the Magnuson- 
Stevens Fishery Conservation and Management Reauthor-
ization Act of 2006 (16 U.S.C. 460ss note) is amended— 
(1) in the paragraph heading, by striking ‘‘AN-
NUAL REPORT’’ and inserting ‘‘REPORT’’; 
(2) in the matter preceding subparagraph (A), 
by striking ‘‘Not later than 2 years after the date 
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of enactment of this Act, and annually thereafter’’ 
and inserting ‘‘Not later than 2 years after the date 
of enactment of the Fishery Failures: Urgently 
Needed Disaster Declarations Act, and biennially 
thereafter’’; and 
(3) in subparagraph (D), by striking ‘‘the cal-
endar year 2003’’ and inserting ‘‘the most recent’’. 
SEC. 4. INTERJURISDICTIONAL FISHERIES ACT OF 1986. 
(a) REPEAL.—Section 308 of the Interjurisdictional 
Fisheries Act of 1986 (16. U.S.C. 4107) is repealed. 
(b) TECHNICAL EDIT.—Section 3(k)(1) of the Small 
Business Act (15 U.S.C. 632(k)(1)) is amended by strik-
ing ‘‘(as determined by the Secretary of Commerce under 
section 308(b) of the Interjurisdictional Fisheries Act of 
1986)’’ and inserting ‘‘(as determined by the Secretary of 
Commerce under the Fishery Failures: Urgently Needed 
Disaster Declarations Act)’’. 
SEC. 5. BUDGET REQUESTS; REPORTS. 
(a) BUDGET REQUEST.—In the budget justification 
materials submitted to Congress in support of the budget 
of the Department of Commerce for each fiscal year (as 
submitted with the budget of the President under section 
1105(a) of title 31, United States Code), the Secretary 
of Commerce shall include a separate statement of the 
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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 para-
graph (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), respec-
tively. 
(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.—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— 
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‘‘(c) CERTIFICATION.—If, at any time, the Secretary, 
in consultation with the Secretary of State and the Sec-
retary of the department in which the Coast Guard is op-
erating, 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 Fish-
ermen’s Protective Act of 1967 (22 U.S.C. 1978(a)).’’. 
SEC. 6. REPORT ON EFFORTS TO PREPARE AND ADAPT 
UNITED STATES FISHERY MANAGEMENT FOR 
THE IMPACTS OF CLIMATE CHANGE. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit a report to Congress 
examining efforts by the Regional Fishery Management 
Councils, the Atlantic States Marine Fisheries Commis-
sion, and the National Marine Fisheries Service to prepare 
and adapt to the impacts of climate change. 
(b) CONTENTS
OF STUDY.—The report required 
under subsection (a) shall include— 
(1) an examination of current or previous ef-
forts, and whether those efforts have resulted in 
changes to management, by the Regional Fishery 
Management Councils, the Atlantic States Marine 
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Fisheries Commission, and the National Marine 
Fisheries Service to prepare and adapt Federal and 
jointly managed fisheries for the impacts of climate 
change; 
(2) an examination of any guidance issued to 
the Regional Fishery Management Councils by the 
National Marine Fisheries Service to prepare and 
adapt Federal fishery management for the impacts 
of climate change and whether and how that guid-
ance has been utilized; 
(3) identification of and recommendations for 
how best to address the most significant economic, 
social, ecological, or other knowledge gaps, as well as 
key funding gaps, that would increase the ability of 
the Regional Fishery Management Councils, the At-
lantic States Marine Fisheries Commission, or the 
National Marine Fisheries Service to prepare and 
adapt fishery management for the impacts of climate 
change; 
(4) recommendations for how the Regional 
Fishery Management Councils, the Atlantic States 
Marine Fisheries Commission, and the National Ma-
rine Fisheries Service can better adapt fishery man-
agement and prepare associated fishing industries 
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and dependent communities for the impacts of cli-
mate change; and 
(5) recommendations for how to enhance the 
capacity of the National Marine Fisheries Service to 
monitor climate-related changes to fisheries and ma-
rine ecosystems, to understand the mechanisms of 
change, to evaluate risks and priorities, to provide 
forecasts and projections of future conditions, to 
communicate scientific advice, and to better manage 
fisheries under changing conditions due to climate 
change. 
Æ 
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