H.R. 5103 — Introduced in House

I 118th CONGRESS 1st Session H. R. 5103 IN THE HOUSE OF REPRESENTATIVES August 1, 2023Mr. 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.