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

<DOC>





                                                       Calendar No. 674
114th CONGRESS
  2d Session
                                S. 3087

                          [Report No. 114-379]

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, Ms. Cantwell, and Ms. Murkowski) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

                           November 17, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``American Fisheries Advisory 
Committee Act''.</DELETED>

<DELETED>SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(f) American Fisheries Advisory Committee.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(A) Committee.--The term `Committee' 
                means the American Fisheries Advisory Committee 
                established under paragraph (2).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Seafood industry.--The term `seafood 
                industry' means harvesters, marketers, growers, 
                processors, and persons providing them with goods and 
                services.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) Region 1 shall consist of Alaska, 
                Hawaii, the Commonwealth of the Northern Mariana 
                Islands, and the Territories of Guam and American 
                Samoa.</DELETED>
                <DELETED>    ``(B) Region 2 shall consist of Maine, New 
                Hampshire, Massachusetts, Rhode Island, Connecticut, 
                New York, Michigan, Minnesota, Wisconsin, Illinois, 
                Indiana, Ohio, and Pennsylvania.</DELETED>
                <DELETED>    ``(C) Region 3 shall consist of Texas, 
                Alabama, Louisiana, Mississippi, Florida, Puerto Rico, 
                and territory of the Virgin Islands.</DELETED>
                <DELETED>    ``(D) Region 4 shall consist of 
                California, Washington, Oregon, and Idaho.</DELETED>
                <DELETED>    ``(E) Region 5 shall consist of New 
                Jersey, Delaware, Maryland, Virginia, North Carolina, 
                South Carolina, and Georgia.</DELETED>
        <DELETED>    ``(3) Membership.--The Committee shall be composed 
        of the following members:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) who are appointed by the 
                        Secretary;</DELETED>
                        <DELETED>    ``(ii) who reside in a State or 
                        territory in the region that the member will 
                        represent;</DELETED>
                        <DELETED>    ``(iii) of which--</DELETED>
                                <DELETED>    ``(I) one shall have 
                                experience as a seafood harvester; 
                                and</DELETED>
                                <DELETED>    ``(II) one shall have 
                                experience as a processor; 
                                and</DELETED>
                        <DELETED>    ``(iv) that are selected so that 
                        the members of the Committee have experience or 
                        expertise with as many seafood species as 
                        practicable.</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) One individual with 
                        experience in mass market food 
                        distribution.</DELETED>
                        <DELETED>    ``(ii) One individual with 
                        experience in mass market food retail or food 
                        service.</DELETED>
                        <DELETED>    ``(iii) One individual with 
                        experience in the marketing of 
                        seafood.</DELETED>
                        <DELETED>    ``(iv) One individual with 
                        experience in growing seafood.</DELETED>
                        <DELETED>    ``(v) One individual who is an 
                        employee of the National Marine Fisheries 
                        Service with expertise in fisheries 
                        research.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Responsibilities.--The Committee shall be 
        responsible for--</DELETED>
                <DELETED>    ``(A) identifying needs of the seafood 
                industry that may be addressed by a project funded with 
                a grant under subsection (c);</DELETED>
                <DELETED>    ``(B) developing the request for proposals 
                for such grants;</DELETED>
                <DELETED>    ``(C) reviewing applications for such 
                grants; and</DELETED>
                <DELETED>    ``(D) selecting applications for approval 
                under subsection (c)(2)(B).</DELETED>
        <DELETED>    ``(6) Chair.--The Committee shall elect a chair by 
        a majority of those voting, if a quorum is present.</DELETED>
        <DELETED>    ``(7) Quorum.--A simple majority of members of the 
        Committee shall constitute a quorum, but a lesser number may 
        hold hearings.</DELETED>
        <DELETED>    ``(8) Meetings.--</DELETED>
                <DELETED>    ``(A) Frequency.--The Committee shall meet 
                not more than two times each year.</DELETED>
                <DELETED>    ``(B) Location.--The meetings of the 
                Committee shall rotate between the geographic regions 
                described under paragraph (2).</DELETED>
                <DELETED>    ``(C) Federal advisory committee act.--The 
                Federal Advisory Committee Act (5 U.S.C. App.) shall 
                not apply to the Committee.</DELETED>
        <DELETED>    ``(9) Staff.--The Committee may employ staff as 
        necessary without regard to the provisions of title 5, United 
        States Code.</DELETED>
        <DELETED>    ``(10) Per diem and expenses and funding.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Funding.--The reimbursements made 
                under subparagraph (A) shall be paid with the funds 
                made available for grants under subsection 
                (c).</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(3) No application for a grant under this subsection may 
be approved unless--</DELETED>
        <DELETED>    ``(A) the Secretary is satisfied that the 
        applicant has the requisite technical and financial capability 
        to carry out the project; and</DELETED>
        <DELETED>    ``(B) the application is selected for funding by 
        the American Fisheries Advisory Committee under subsection 
        (f).''.</DELETED>

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) Fishing community.--The term `fishing 
                community' means harvesters, marketers, growers, 
                processors, recreational fishermen, charter fishermen, 
                and persons providing them with goods and services.
                    ``(C) 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.
                    ``(D) 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.
                    ``(E) 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.
            ``(2) Establishment.--Not later than 90 days after the date 
        of the enactment of the American Fisheries Advisory Committee 
        Act, the Secretary shall establish 6 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, and 
                Connecticut.
                    ``(C) Region 3 shall consist of Texas, Alabama, 
                Louisiana, Mississippi, Florida, Arkansas, 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, New 
                York, Delaware, Maryland, Virginia, North Carolina, 
                South Carolina, and Georgia.
                    ``(F) Region 6 shall consist of Michigan, 
                Minnesota, Wisconsin, Illinois, Indiana, Ohio, and 
                Pennsylvania.
            ``(3) Membership.--The Committee shall be composed of the 
        following members:
                    ``(A) Regional representation.--Each of the regions 
                listed in subparagraphs (A) through (F) of paragraph 
                (2) shall be represented on the Committee by 3 
                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;
                                    ``(II) one shall have experience as 
                                a processor; and
                                    ``(III) one shall have experience 
                                as a recreational fisher; 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 fishing community 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 with experience as a 
                        recreational fisher.
                            ``(vi) One individual who is an employee of 
                        the National Marine Fisheries Service with 
                        expertise in fisheries research.
                            ``(vii) One individual that represents the 
                        fisheries science community.
            ``(4) Member terms.--The term for a member of the Committee 
        shall be 3 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 fishing community 
                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 2 times each year.
                    ``(B) Location.--The meetings of the Committee 
                shall rotate between the geographic regions described 
                under paragraph (2).
            ``(9) Staff.--The Committee may employ staff as necessary.
            ``(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)(A) No application for a grant under this subsection may be 
approved unless--
                    ``(i) the Secretary is satisfied that the applicant 
                has the requisite technical and financial capability to 
                carry out the project;
                    ``(ii) the Secretary evaluates the proposed project 
                as to--
                            ``(I) the selections of the Committee 
                        established in subsection (f);
                            ``(II) soundness of design;
                            ``(III) the possibilities of securing 
                        productive results;
                            ``(IV) minimization of duplication with 
                        other fisheries research and development 
                        projects;
                            ``(V) the organization and management of 
                        the project;
                            ``(VI) methods proposed for monitoring and 
                        evaluating the success or failure of the 
                        project; and
                            ``(VII) such other criteria as the 
                        Secretary may require; and
                    ``(iii) the application selected for funding meets 
                the proposal developed by the American Fisheries 
                Advisory Committee under subsection (f).
            ``(B) Justification.--If the Secretary fails to provide 
        funds to a grant selected by the Committee, the Secretary shall 
        provide a written document to the Committee justifying the 
        decision.''.

SEC. 3. PUBLIC AVAILABILITY OF GRANTS PROPOSALS.

    Section 2(c) of the Act of August 11, 1939 (15 U.S.C. 713c-3(c)) is 
amended by adding at the end the following:
            ``(6) Any person awarded a grant under this subsection 
        shall make publicly available a title and abstract of the 
        project to be carried out by the grant funds that serves as the 
        public justification for funding the project that includes a 
        statement describing how the project serves to enhance United 
        States fisheries, including harvesting, processing, marketing, 
        and associated infrastructures, if applicable.''.
                                                       Calendar No. 674

114th CONGRESS

  2d Session

                                S. 3087

                          [Report No. 114-379]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 17, 2016

                       Reported with an amendment