FISHES Act

Bill: 118-hr-5103
Sponsor: full_name: Rep. Donalds, Byron [R-FL-19]
Introduced: 2023-08-01
Policy area: Public Lands and Natural Resources
Subjects: Disaster relief and insurance

Government information and archives

Marine and coastal resources, fisheries

Office of Management and Budget (OMB)

State and local finance
Latest action: action_date: 2025-01-04
text: Became Public Law No: 118-229.

Summaries:
action_date: 2023-08-01
action_desc: Introduced in House
text: <p><strong>Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act or the FISHES Act</strong></p><p>This bill establishes deadlines for the approval of National Oceanic and Atmospheric Administration (NOAA) requests for fishery resource disaster assistance funding.</p><p>Specifically, the bill requires the Office of Management and Budget (OMB) to approve or deny a spend plan (a type of funding request submitted to NOAA by a state, an Indian tribe, or other eligible requester with an affirmative fishery resource disaster determination) within 30 days of its receipt from NOAA. For any denial, OMB must return the plan to NOAA within 15 days of the denial with a description of the changes necessary for the spend plan to be approved. The bill provides that NOAA, in consultation with the requester,&nbsp;must make the necessary changes and resubmit the spend plan to OMB for approval. OMB must approve or deny a resubmitted spend plan within 15 days of its receipt.</p><p>The bill also requires OMB to provide certain information regarding approved spend plans&nbsp;(e.g., the dates of the approval and each denial or resubmission)  on its website.&nbsp;&nbsp;</p><!--tinycomments|2.1|data:application/json;base64,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-->

action_date: 2024-11-14
action_desc: Reported to House
text: <p><strong>Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act or the FISHES Act</strong></p><p>This bill establishes procedures for the review of spend plans&nbsp;submitted to the National Oceanic and Atmospheric Administration (NOAA) by requesters seeking fishery resource disaster assistance funding.</p><p>The bill requires NOAA to review a spend plan within 10 days of its submission and determine whether it is complete. If such spend plan is not complete, NOAA must provide the requester (i.e., prospective grantee) with a detailed description of the information that is necessary for the spend plan to be determined complete. Further, NOAA must notify a requester when the spend plan has been determined to be complete.&nbsp;</p><p>Under current law, fishery resource disaster assistance&nbsp;funds must be disbursed to approved grantees within 90 days after NOAA has received a completed spend plan. The bill provides that the Office of Management and Budget (OMB) may review a completed spend plan concurrently with&nbsp;NOAA, provided OMB's review does not delay the 90-day timeline for providing funds to the grantee.</p>

action_date: 2025-01-04
action_desc: Public Law
text: <p><strong>Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act or the FISHES Act</strong></p><p>This act establishes procedures for the review of spend plans&nbsp;submitted to the National Oceanic and Atmospheric Administration (NOAA) by requesters seeking fishery resource disaster assistance funding.</p><p>The act requires&nbsp;NOAA to review a spend plan within 10 days of its submission and determine whether it is complete. If such spend plan is not complete, NOAA must provide the requester (i.e., prospective grantee) with a detailed description of the information that is necessary for the spend plan to be determined complete. Further, NOAA must notify a requester when the spend plan has been determined to be complete.&nbsp;</p><p>Under current law,&nbsp;fishery resource disaster assistance&nbsp;funds must be disbursed to approved grantees within 90 days after NOAA has received a completed spend plan. The act provides that the Office of Management and Budget (OMB) may review a completed spend plan concurrently with&nbsp;NOAA, provided OMB's review does not delay the 90-day timeline for providing funds to the grantee.</p>

tv_txt: IB One Hundred Eighteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty-four H. R. 5103 AN ACT To require the Director of the Office of Management and Budget to approve or deny spend plans within a certain amount of time, and for other purposes.

1. Short title This Act may be cited as the Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act or the FISHES Act . 2. Spend plans Section 312(a)(6) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a)(6) ) is amended— (1) in subparagraph (D), to read as follows: (D) Spend plans (i) In general 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. (ii) Review (I) In general The Secretary shall review a spend plan submitted under clause (i) to determine if it is complete and provide notice within 10 days. (II) Incomplete spend plan If the Secretary determines that a spend plan submitted under clause (i) is not complete, when providing the notice required by subclause (I), the Secretary shall provide a detailed description of the information that is necessary for the spend plan to be determined complete. ; and (2) in subparagraph (F)(i), to read as follows: (i) Availability (I) Timeline Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan. (II) Review of completed spend plan and apportionment of funds If so requested, the Director of the Office of Management and Budget may review a completed spend plan concurrently with the Secretary. The Director of the Office of Management and Budget may not delay the timeline described in subclause (I). .

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

tv_txt: IIB 118th CONGRESS 2d Session H. R. 5103 IN THE SENATE OF THE UNITED STATES December 4, 2024 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To require the Director of the Office of Management and Budget to approve or deny spend plans within a certain amount of time, and for other purposes.

1. Short title This Act may be cited as the Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act or the FISHES Act . 2. Spend plans Section 312(a)(6) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a)(6) ) is amended— (1) in subparagraph (D), to read as follows: (D) Spend plans (i) In general 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. (ii) Review (I) In general The Secretary shall review a spend plan submitted under clause (i) to determine if it is complete and provide notice within 10 days. (II) Incomplete spend plan If the Secretary determines that a spend plan submitted under clause (i) is not complete, when providing the notice required by subclause (I), the Secretary shall provide a detailed description of the information that is necessary for the spend plan to be determined complete. ; and (2) in subparagraph (F)(i), to read as follows: (i) Availability (I) Timeline Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan. (II) Review of completed spend plan and apportionment of funds If so requested, the Director of the Office of Management and Budget may review a completed spend plan concurrently with the Secretary. The Director of the Office of Management and Budget may not delay the timeline described in subclause (I). .

Passed the House of Representatives December 3, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB 118th CONGRESS 2d Session H. R. 5103 IN THE HOUSE OF REPRESENTATIVES AN ACT To require the Director of the Office of Management and Budget to approve or deny spend plans within a certain amount of time, and for other purposes.

1. Short title This Act may be cited as the Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act or the FISHES Act . 2. Spend plans Section 312(a)(6) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a)(6) ) is amended— (1) in subparagraph (D), to read as follows: (D) Spend plans (i) In general 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. (ii) Review (I) In general The Secretary shall review a spend plan submitted under clause (i) to determine if it is complete and provide notice within 10 days. (II) Incomplete spend plan If the Secretary determines that a spend plan submitted under clause (i) is not complete, when providing the notice required by subclause (I), the Secretary shall provide a detailed description of the information that is necessary for the spend plan to be determined complete. ; and (2) in subparagraph (F)(i), to read as follows: (i) Availability (I) Timeline Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan. (II) Review of completed spend plan and apportionment of funds If so requested, the Director of the Office of Management and Budget may review a completed spend plan concurrently with the Secretary. The Director of the Office of Management and Budget may not delay the timeline described in subclause (I). .

Passed the House of Representatives December 3, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB Union Calendar No. 618 118th CONGRESS 2d Session H. R. 5103 [Report No. 118–733] IN THE HOUSE OF REPRESENTATIVES August 1, 2023 Mr. Donalds (for himself, Mrs. Peltola , Mr. Bilirakis , Mr. Moskowitz , Mr. Dunn of Florida , Mr. Carter of Louisiana , Mr. Nehls , Mr. Moylan , Mr. Rutherford , Mr. Webster of Florida , Mrs. Luna , Mrs. Radewagen , and Mr. Mast ) introduced the following bill; which was referred to the Committee on Natural Resources November 14, 2024 Additional sponsors: Mr. Higgins of Louisiana , Mr. Panetta , Mr. Scott Franklin of Florida , Ms. Plaskett , Mr. Grothman , Mr. D'Esposito , Mr. LaLota , Mrs. González-Colón , Mr. Weber of Texas , Ms. Mace , Mr. Davis of North Carolina , Mr. Fry , Mr. Carl , Mr. Waltz , Mr. Grijalva , Mr. Huffman , Ms. Salazar , Mr. Magaziner , Mr. Harder of California , Mr. Steube , Mr. Carbajal , Mr. Costa , Mr. Diaz-Balart , Mr. Mullin , Mr. Posey , Mr. Rouzer , Mrs. Cherfilus-McCormick , Mr. Lawler , Ms. Lois Frankel of Florida , Mr. Kean of New Jersey , Mr. Phillips , Mr. Guthrie , Mr. Kennedy , Ms. Lee of Florida , Mr. Gimenez , Ms. Tenney , and Mr. Vicente Gonzalez of Texas November 14, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on August 1, 2023 A BILL To require the Director of the Office of Management and Budget to approve or deny spend plans within a certain amount of time, and for other purposes.

1. Short title This Act may be cited as the Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act or the FISHES Act . 2. Spend plans Section 312(a)(6) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a)(6) ) is amended— (1) in subparagraph (D), to read as follows: (D) Spend plans (i) In general 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. (ii) Review (I) In general The Secretary shall review a spend plan submitted under clause (i) to determine if it is complete and provide notice within 10 days. (II) Incomplete spend plan If the Secretary determines that a spend plan submitted under clause (i) is not complete, when providing the notice required by subclause (I), the Secretary shall provide a detailed description of the information that is necessary for the spend plan to be determined complete. ; and (2) in subparagraph (F)(i), to read as follows: (i) Availability (I) Timeline Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan. (II) Review of completed spend plan and apportionment of funds If so requested, the Director of the Office of Management and Budget may review a completed spend plan concurrently with the Secretary. The Director of the Office of Management and Budget may not delay the timeline described in subclause (I). .

November 14, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 118th CONGRESS 1st Session H. R. 5103 IN THE HOUSE OF REPRESENTATIVES August 1, 2023 Mr. Donalds (for himself, Mrs. Peltola , Mr. Bilirakis , Mr. Moskowitz , Mr. Dunn of Florida , Mr. Carter of Louisiana , Mr. Nehls , Mr. Moylan , Mr. Rutherford , Mr. Webster of Florida , Mrs. Luna , Mrs. Radewagen , and Mr. Mast ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Director of the Office of Management and Budget to approve or deny spend plans within a certain amount of time, and for other purposes.

1. Short title This Act may be cited as the Fishery Improvement to Streamline untimely regulatory Hurdles post Emergency Situation Act or the FISHES Act . 2. Approval or denial of spend plans (a) In general Notwithstanding any other provision of law, in the case of a spend plan submitted to the Director by the Secretary for approval by the Director pursuant to section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a) ), the Director shall approve or deny such spend plan not later than 30 days after the date on which the Secretary submits such spend plan to the Director for approval. (b) Denial of spend plan (1) In general If the Director denies a spend plan under subsection (a) or paragraph (3) of this subsection, the Director shall, not later than 15 days after the date of such denial, return such denied spend plan to the Secretary with a description of the changes to such denied spend plan that are necessary for the Director to approve such denied spend plan. (2) Resubmission of spend plan Upon receipt of a denied spend plan under paragraph (1), the Secretary, in consultation with the relevant requester with an affirmative fishery resource disaster determination of the spend plan, shall make the necessary changes to such spend plan described by the Director under paragraph (1) and resubmit such spend plan to the Director for approval. (3) Review of resubmitted spend plan Not later than 15 days after the date of the receipt of a spend plan under paragraph (2), the Director shall approve or deny such spend plan. (c) Approval of spend plan If the Director approves a spend plan under subsection (a) or subsection (b)(3), the Director shall— (1) make such approval publicly available on the website of the Office of Management and Budget; and (2) include in such approval— (A) the date on which communication regarding such spend plan was initiated between the Director and the Secretary; (B) if applicable— (i) the date of each denial of such spend plan under subsection (a) and subsection (b)(3); and (ii) the date of each resubmission of such spend plan under subsection (b)(2); and (C) the date on which the Director approved such spend plan. (d) Definitions In this section: (1) Affirmative fishery resource disaster determination The term affirmative fishery resource disaster determination means a determination by the Secretary under section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a) ) that a fishery resource disaster has occurred. (2) Fishery resource disaster The term fishery resource disaster has the meaning given the term in section 312(a)(1)(C) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a)(1)(C) ). (3) Director The term Director means the Director of the Office of Management and Budget. (4) Secretary The term Secretary means the Secretary of Commerce. (5) Spend plan The term spend plan means a spend plan submitted to the Secretary under section 312(a)(6)(D) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a)(6)(D) ) by a requester with an affirmative fishery resource disaster determination.