[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3615 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3615

To enhance national seafood marketing efforts through the creation of a 
   National Seafood Marketing and Development Fund, Regional Seafood 
 Marketing Boards and a National Coordinating Committee and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2012

  Mr. Begich introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To enhance national seafood marketing efforts through the creation of a 
   National Seafood Marketing and Development Fund, Regional Seafood 
 Marketing Boards and a National Coordinating Committee and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Seafood Marketing and 
Development Act of 2012''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The fishery resources of the United States are valuable 
        and renewable natural resources that provide a major source of 
        employment and contribute significantly to the food supply, 
        economy, and health of the United States.
            (2) Increased consumption of seafood would provide 
        significant nutritional and health benefits for many people in 
        the United States and help to reduce childhood obesity.
            (3) The fishery resources of the United States are not 
        fully developed and utilized because of underdeveloped markets.
            (4) United States seafood companies have the potential to 
        expand their contribution to interstate and foreign commerce, 
        favorably affecting the balance of trade.
            (5) A national program for marketing seafood is needed to 
        realize the full potential of the fishery resources of the 
        United States and to assure that the people of the United 
        States benefit from the employment, food supply, and revenue 
        that could be generated by such realization.
    (b) Purposes.--The purposes of this Act are--
            (1) to improve and expand markets for seafood and 
        strengthen the competitive position of the United States in 
        domestic and international markets;
            (2) to encourage the sustainable development and 
        utilization of the seafood resources of the United States 
        through enhancement of markets, promotion, and public 
        education;
            (3) to assist growers, harvesters, and processors in 
        improving the safety, traceability, quality, marketability, and 
        sustainability of United States seafood products;
            (4) to assist growers, harvesters, and processors of United 
        States seafood products in the development and promotion of 
        markets for seafood and improve coordination of their marketing 
        activities; and
            (5) to educate and inform consumers about the nutritional 
        and health benefits of seafood.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means a Regional Seafood 
        Marketing Board established under section 4.
            (2) Consumer education.--The term ``consumer education'' 
        means actions undertaken to inform consumers on matters related 
        to the consumption of seafood products.
            (3) Fund.--The term ``Fund'' means the National Seafood 
        Marketing and Development Fund established by section 5.
            (4) Grower.--The term ``grower'' means any person in the 
        business of growing or farming seafood.
            (5) Harvester.--The term ``harvester'' means any person in 
        the business of harvesting seafood from the wild.
            (6) Marketer.--The term ``marketer'' means any person in 
        the business of selling seafood in the wholesale, retail, or 
        restaurant trade, but whose primary business function is not 
        the processing or packaging of seafood in preparation for sale.
            (7) Marketing and promotion.--The term ``marketing and 
        promotion'' means an activity aimed at encouraging the 
        consumption of seafood or expanding or maintaining commercial 
        markets for seafood.
            (8) Person.--The term ``person'' means any individual, 
        group of individuals, partnership, corporation, association, 
        cooperative, or any private entity organized or existing under 
        the laws of the United States or any State, commonwealth, 
        territory, or possession of the United States.
            (9) Processor.--The term ``processor'' means any person in 
        the business of preparing or packaging seafood (including 
        seafood of the processor's own harvesting) for sale.
            (10) Research.--The term ``research'' means any study or 
        project designed to advance the image, desirability, usage, 
        marketability, production, or quality of seafood.
            (11) Seafood.--The term ``seafood'' means farm-raised and 
        wild-caught fish or shellfish harvested in the United States or 
        by a United States flagged vessel for human consumption.
            (12) Seafood industry.--The term ``seafood industry'' means 
        harvesters, marketers, growers, processors, and persons 
        providing them with goods and services.
            (13) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Commerce.
            (14) United states.--The term ``United States'', when used 
        in the geographic sense, means the several States, the District 
        of Columbia, Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, the Northern Mariana Islands, and any other territory, 
        possession, or commonwealth of the United States.

SEC. 4. REGIONAL SEAFOOD MARKETING BOARDS.

    (a) Establishment of Regional Seafood Marketing Boards.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
shall establish Regional Seafood Marketing Boards as follows:
            (1) Northeast atlantic board.--The Northeast Atlantic Board 
        shall consist of the following members:
                    (A) Twelve members from the State of Maine, New 
                Hampshire, Massachusetts, Rhode Island, or Connecticut.
                    (B) One member from the State of Vermont, 
                Minnesota, Wisconsin, Illinois, Michigan, Indiana, or 
                Ohio.
            (2) Mid and south atlantic board.--The Mid and South 
        Atlantic Board shall consist of the following members:
                    (A) Twelve members from the State of New York, New 
                Jersey, Delaware, Pennsylvania, Maryland, Virginia, 
                North Carolina, South Carolina, or Georgia.
                    (B) One member from the State of West Virginia, 
                Kentucky, or Tennessee.
            (3) Gulf and caribbean board.--The Gulf and Caribbean Board 
        shall consist of the following members:
                    (A) Twelve members from the State of Florida, 
                Alabama, Mississippi, Louisiana, or Texas, the 
                Commonwealth of Puerto Rico, or the territory of the 
                Virgin Islands.
                    (B) One member from the State of Oklahoma, 
                Arkansas, Missouri, Iowa, Nebraska, or Kansas.
            (4) Pacific board.--The Pacific Board shall consist of the 
        following members:
                    (A) Twelve members from the State of Idaho, 
                Washington, Oregon, or California.
                    (B) One member from the State of Arizona, Nevada, 
                New Mexico, Utah, Colorado, Wyoming, Montana, North 
                Dakota, or South Dakota.
            (5) West and north pacific board.--The West and North 
        Pacific Board shall consist of thirteen members from the State 
        of Alaska or Hawaii or the territory of Guam or American Samoa.
    (b) Appointment of Members.--
            (1) Nomination.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall solicit 
        nominations for members of each Board from the public.
            (2) Consultation.--Prior to appointing an individual to the 
        Board, the Secretary shall consult with and seek the 
        recommendations of the Governors of the States in the 
        geographical area of the Board.
            (3) Appointment.--Not later than 270 days after the date of 
        the enactment of this Act, the Secretary shall appoint the 
        members of each Board from among the nominees received under 
        paragraph (1) and the recommendations received under paragraph 
        (2).
            (4) Member expertise.--The Secretary shall ensure that the 
        members of each Board fairly reflect the expertise and interest 
        of the seafood industry located in the geographical area of the 
        Board, and that the members of each Board include the 
        following:
                    (A) Three individuals with experience in 
                harvesting.
                    (B) Two individuals with experience in processing, 
                including one having experience with large processors 
                and one having experience with small processors.
                    (C) One individual with experience in 
                transportation and logistics.
                    (D) One individual with experience in mass market 
                food distribution.
                    (E) One individual with experience in mass market 
                food retail or food service.
                    (F) One individual with experience in the marketing 
                of seafood.
                    (G) One individual recommended by a regional or 
                State seafood marketing organization.
                    (H) One individual with experience in growing 
                seafood.
                    (I) Two individuals that represent the general 
                public and are familiar with the seafood industry as a 
                whole.
            (5) Member terms.--
                    (A) In general.--The term for a member of a Board 
                shall be 3 years unless the Secretary designates a 
                shorter term to provide for staggered expirations of 
                terms of office.
                    (B) Term limits.--No member of a Board may serve 
                more than 3 consecutive terms, except that a member may 
                continue to serve on a Board beyond that member's term 
                until a successor is appointed.
    (c) Vacancies.--
            (1) Removal.--A Board may remove a member from the Board 
        for failure to attend 3 consecutive Board meetings without 
        reasonable excuse, or for other cause by not less than \2/3\ of 
        the members of the Board.
            (2) Effect of vacancy.--A vacancy shall not affect the 
        ability of a Board to function.
            (3) Subsequent appointment.--A vacancy on a Board shall be 
        filled by the manner in which the original appointment was 
        made.
    (d) Per Diem and Expenses.--A member of a Board shall serve without 
compensation, but shall be reimbursed in accordance with section 5703 
of title 5, United States Code, for reasonable travel costs and 
expenses incurred in performing duties as a member of a Board.
    (e) Chairman.--Each Board shall elect a chairman by a majority of 
those voting, if a quorum is present.
    (f) Quorum.--A simple majority of members of a Board shall 
constitute a quorum, but a lesser number may hold hearings.
    (g) Executive Director, Staff, Administrative Assistance.--
            (1) Executive director.--
                    (A) In general.--A Board may employ and determine 
                the salary of an executive director, but such salary 
                shall not exceed level II of the Executive Schedule 
                under section 5313 of title 5, United States Code.
                    (B) Selection criteria.--The individual selected as 
                the executive director shall have demonstrated 
                expertise in the marketing and promotion of food 
                products.
            (2) Staff.--With the approval of the Board, the executive 
        director may select and employ additional staff as necessary 
        without regard to the provisions of title 5, United States 
        Code.
            (3) Administrative assistance.--The Secretary shall provide 
        each Board such administrative assistance as requested by the 
        Board for purposes of its initial organization and operation.
    (h) National Coordinating Committee.--
            (1) Establishment.--The chairman and 2 members of each 
        Board shall establish a National Coordinating Committee--
                    (A) to exchange information and, if appropriate, 
                coordinate the activities of the Boards; and
                    (B) to conduct other business consistent with the 
                policies and purposes of this Act.
            (2) Meeting.--The National Coordinating Committee shall 
        meet at least once each year.
    (i) Voluntary Payments.--Any person may make a voluntary payment to 
the Secretary to assist a Board in carrying out their marketing plans. 
Such payments shall be disbursed to the appropriate Board from the 
Fund.
    (j) Annual Marketing Plan.--
            (1) Requirement for plan.--Each Board may prepare an annual 
        marketing plan that describes the consumer education, research, 
        and other marketing activities of the Board for the following 
        year, including the selection procedures and criteria the Board 
        plans to use for the solicitation and awarding of grants and 
        its plans to coordinate its activities with those of the other 
        Boards established under this Act. Plans may include marketing 
        activities that reference a particular brand or trade name, and 
        may include projects designed to promote the consumption or 
        purchase of a specific seafood species or group of similar 
        seafood.
            (2) Purpose.--The purpose of each annual marketing plan 
        shall be to--
                    (A) increase consumer demand for seafood;
                    (B) encourage, expand, or improve the marketing and 
                utilization of seafood; and
                    (C) improve consumer education, research, and other 
                marketing activities regarding seafood.
    (k) Accounting.--
            (1) Records.--Each Board shall maintain accounting records 
        of the receipt and disbursement of all funds of the Board, 
        which shall be subject to the review of the Secretary.
            (2) Reports.--Each Board shall submit an annual report to 
        the Secretary, detailing the expenditures of the Board.
            (3) Funds.--Each Board shall keep the monies distributed to 
        it from the Fund on deposit in appropriate interest-bearing 
        accounts that shall be established by the Board or invested in 
        obligations of, or guaranteed by, the United States. Any 
        revenue accruing from such deposits and investments shall be 
        available to the Board for carrying out its marketing plans.
    (l) Limitations on Deceptive or Negative Marketing.--Consumer 
education and other marketing and promotion activities of the Boards 
shall avoid use of deceptive or negative acts or practices on behalf of 
fish or fish products or with respect to the quality, value, or use of 
any competing product or group of products.
    (m) Grants.--
            (1) Requirement to make.--Each Board shall make grants to 
        persons to carry out projects subject to such terms and 
        conditions as the Board may require, consistent with the 
        purposes of this Act and any marketing plan the Board has 
        adopted.
            (2) Cost-sharing.--A grant made by a Board under paragraph 
        (1) may not exceed 50 percent of the total estimated cost of 
        the project. The remaining 50 percent shall be provided by the 
        grantee, which may include the value of in-kind contributions 
        from the grantee.
            (3) Award.--Each Board shall award at least 10 percent of 
        the grant funds awarded by the Board under this paragraph each 
        year to minority-owned, veteran-owned, or small businesses.
    (n) Conflict of Interest.--The conflict of interest and recusal 
provisions set forth in section 302(j) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852(j)) shall apply to any 
decision by the Board and to all members of the Board as if each member 
of the Board is an affected individual within the meaning of such 
section 302(j), except that in addition to the disclosure requirements 
of section 302(j)(2)(C) of such Act, (16 U.S.C. 1852(j)(2)(C)), each 
Board member shall disclose any financial interest or relationship in 
an organization or with an individual that is applying for funding from 
the Board held by the Board member, including an interest as an 
officer, director, trustee, partner, employee, contractor, agent, or 
other representative.

SEC. 5. NATIONAL SEAFOOD MARKETING AND DEVELOPMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the National Seafood Marketing and 
Development Fund.
    (b) Exclusive Use of Fund.--Notwithstanding any other provision of 
law, all amounts in the Fund shall be used exclusively by the Secretary 
for making grants to the Boards under this Act and no such amount shall 
be transferred from the Fund for any other purpose.
    (c) Distribution of Amounts.--
            (1) In general.--The amount available in the Fund for each 
        fiscal year shall be disbursed by the Secretary for such fiscal 
        year to the Boards as follows:
                    (A) Eighty percent of such amount in the Fund shall 
                be distributed equally among the Boards.
                    (B) Twenty percent shall be distributed to the 
                Boards based on a ratio of the total pounds of seafood 
                harvested in the geographical area of each Board to the 
                total pounds of seafood harvested in the United States.
            (2) Ratio calculation.--The ratio referred to in 
        subparagraph (B) shall be calculated by the Secretary every 3 
        years using data collected by the Secretary of Commerce and the 
        Secretary of Agriculture.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund $50,000,000 for each fiscal year.
                                 <all>