[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3087 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3087

To establish the American Fisheries Advisory Committee to assist in the 
  awarding of fisheries research and development grants and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2016

 Mr. Sullivan (for himself and Ms. Cantwell) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To establish the American Fisheries Advisory Committee to assist in the 
  awarding of fisheries research and development grants 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 ``American Fisheries Advisory 
Committee Act''.

SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.

    (a) Establishment.--Section 2 of the Act of August 11, 1939 (15 
U.S.C. 713c-3) is amended by adding at the end the following:
    ``(f) American Fisheries Advisory Committee.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Committee.--The term `Committee' means the 
                American Fisheries Advisory Committee established under 
                paragraph (2).
                    ``(B) 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.
                    ``(C) 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.
                    ``(D) 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.
                    ``(E) Seafood industry.--The term `seafood 
                industry' means harvesters, marketers, growers, 
                processors, and persons providing them with goods and 
                services.
            ``(2) Establishment.--Not later than 90 days after the date 
        of the enactment of the American Fisheries Advisory Committee 
        Act, the Secretary shall establish five regions within the 
        American Fisheries Advisory Committee as follows:
                    ``(A) Region 1 shall consist of Alaska, Hawaii, the 
                Commonwealth of the Northern Mariana Islands, and the 
                Territories of Guam and American Samoa.
                    ``(B) Region 2 shall consist of Maine, New 
                Hampshire, Massachusetts, Rhode Island, Connecticut, 
                New York, Michigan, Minnesota, Wisconsin, Illinois, 
                Indiana, Ohio, and Pennsylvania.
                    ``(C) Region 3 shall consist of Texas, Alabama, 
                Louisiana, Mississippi, Florida, Puerto Rico, and 
                territory of the Virgin Islands.
                    ``(D) Region 4 shall consist of California, 
                Washington, Oregon, and Idaho.
                    ``(E) Region 5 shall consist of New Jersey, 
                Delaware, Maryland, Virginia, North Carolina, South 
                Carolina, and Georgia.
            ``(3) Membership.--The Committee shall be composed of the 
        following members:
                    ``(A) Regional representation.--Each of the regions 
                listed in subparagraphs (A) through (E) of paragraph 
                (2) shall be represented on the Committee by two 
                members--
                            ``(i) who are appointed by the Secretary;
                            ``(ii) who reside in a State or territory 
                        in the region that the member will represent;
                            ``(iii) of which--
                                    ``(I) one shall have experience as 
                                a seafood harvester; and
                                    ``(II) one shall have experience as 
                                a processor; and
                            ``(iv) that are selected so that the 
                        members of the Committee have experience or 
                        expertise with as many seafood species as 
                        practicable.
                    ``(B) At-large members.--The Secretary shall 
                appoint to the Committee at-large members to ensure 
                that the Committee fairly reflects the expertise and 
                interest of the seafood industry located in each 
                region, as follows:
                            ``(i) One individual with experience in 
                        mass market food distribution.
                            ``(ii) One individual with experience in 
                        mass market food retail or food service.
                            ``(iii) One individual with experience in 
                        the marketing of seafood.
                            ``(iv) One individual with experience in 
                        growing seafood.
                            ``(v) One individual who is an employee of 
                        the National Marine Fisheries Service with 
                        expertise in fisheries research.
            ``(4) Member terms.--The term for a member of the Committee 
        shall be three years, except that the Secretary shall designate 
        staggered terms for the members initially appointed to the 
        Committee.
            ``(5) Responsibilities.--The Committee shall be responsible 
        for--
                    ``(A) identifying needs of the seafood industry 
                that may be addressed by a project funded with a grant 
                under subsection (c);
                    ``(B) developing the request for proposals for such 
                grants;
                    ``(C) reviewing applications for such grants; and
                    ``(D) selecting applications for approval under 
                subsection (c)(2)(B).
            ``(6) Chair.--The Committee shall elect a chair by a 
        majority of those voting, if a quorum is present.
            ``(7) Quorum.--A simple majority of members of the 
        Committee shall constitute a quorum, but a lesser number may 
        hold hearings.
            ``(8) Meetings.--
                    ``(A) Frequency.--The Committee shall meet not more 
                than two times each year.
                    ``(B) Location.--The meetings of the Committee 
                shall rotate between the geographic regions described 
                under paragraph (2).
                    ``(C) Federal advisory committee act.--The Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to the Committee.
            ``(9) Staff.--The Committee may employ staff as necessary 
        without regard to the provisions of title 5, United States 
        Code.
            ``(10) Per diem and expenses and funding.--
                    ``(A) In general.--A member of the Committee 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 the Committee.
                    ``(B) Funding.--The reimbursements made under 
                subparagraph (A) shall be paid with the funds made 
                available for grants under subsection (c).
            ``(11) Conflict of interest.--The conflict of interest and 
        recusal provisions set out 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 Committee and to 
        all members of the Committee as if each member of the Committee 
        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 member of the Committee shall disclose any financial 
        interest or relationship in an organization or with an 
        individual that is applying for a grant under subsection (c) 
        held by the member of the Committee, including an interest as 
        an officer, director, trustee, partner, employee, contractor, 
        agent, or other representative.''.
    (b) Role in Approval of Grants.--Section 2(c)(3) of the Act of 
August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as 
follows:
    ``(3) No application for a grant under this subsection may be 
approved unless--
            ``(A) the Secretary is satisfied that the applicant has the 
        requisite technical and financial capability to carry out the 
        project; and
            ``(B) the application is selected for funding by the 
        American Fisheries Advisory Committee under subsection (f).''.
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