[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 1322

_______________________________________________________________________

                                 AN ACT


 
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--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the end the 
        following:
    ``(e) 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, shellfish, or marine algae 
                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 the Territory of the Virgin Islands of the United 
                States.
                    ``(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 or processor;
                                    ``(II) one shall have experience as 
                                recreational or commercial fisher or 
                                have experience growing seafood; and
                                    ``(III) one shall be an individual 
                                who represents the fisheries science 
                                community or the relevant Regional 
                                Fishery Management Council; 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 as follows:
                            ``(i) One individual with experience in 
                        food distribution, marketing, retail, or food 
                        service.
                            ``(ii) One individual with experience in 
                        the recreational fishing industry supply chain, 
                        such as fishermen, manufacturers, retailers, 
                        and distributors.
                            ``(iii) One individual with experience in 
                        the commercial fishing industry supply chain, 
                        such as fishermen, manufacturers, retailers, 
                        and distributors.
                            ``(iv) One individual who is an employee of 
                        the National Marine Fisheries Service with 
                        expertise in fisheries research.
                    ``(C) Balanced representation.--In selecting the 
                members described in subparagraphs (A) and (B), the 
                Secretary shall seek to maximize on the Committee, to 
                the extent practicable, a balanced representation of 
                expertise in United States fisheries, seafood 
                production, and science.
            ``(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).
                    ``(C) Minimizing costs.--The Committee shall seek 
                to minimize the operational costs associated with 
                meetings, hearings, or other business of the Committee, 
                including through the use of video or teleconference.
            ``(9) Designation of staff member.--The Secretary shall 
        designate a staff member to coordinate the activities of the 
        Committee and to assist with administrative and other functions 
        as requested by the Committee.
            ``(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 costs of reimbursements under 
                subparagraph (A) and the other costs associated with 
                the Committee shall be paid from funds made available 
                to carry out this section (which may include funds 
                described in subsection (f)(1)(B)), except that no 
                funds allocated for grants under subsection (f)(1)(A) 
                shall be expended for any purpose under this 
                subsection.
            ``(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.
            ``(12) Technical review of applications.--
                    ``(A) In general.--Prior to review of an 
                application for a grant under subsection (c) by the 
                Committee, the Secretary shall obtain an independent 
                written technical evaluation from 3 or more appropriate 
                Federal, private, or public sector experts (such as 
                industry, academia, or governmental experts) who--
                            ``(i) have subject matter expertise to 
                        determine the technical merit of the proposal 
                        in the application;
                            ``(ii) shall independently evaluate each 
                        such proposal; and
                            ``(iii) shall certify that the expert does 
                        not have a conflict of interest concerning the 
                        application that the expert is reviewing.
                    ``(B) Guidance.--Not later than 180 days after the 
                date of enactment of the American Fisheries Advisory 
                Committee Act, the Secretary shall issue guidance 
                related to carrying out the technical evaluations under 
                subparagraph (A). Such guidance shall include criteria 
                for the elimination by the National Oceanic and 
                Atmospheric Administration of applications that fail to 
                meet a minimum level of technical merit as determined 
                by the review described in subparagraph (A).''.
    (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 the Secretary--
            ``(i) is satisfied that the applicant has the requisite 
        technical and financial capability to carry out the project; 
        and
            ``(ii) based on the recommendations of the American 
        Fisheries Advisory Committee established in subsection (e), 
        evaluates the proposed project as to--
                    ``(I) soundness of design;
                    ``(II) the possibilities of securing productive 
                results;
                    ``(III) minimization of duplication with other 
                fisheries research and development projects;
                    ``(IV) the organization and management of the 
                project;
                    ``(V) methods proposed for monitoring and 
                evaluating the success or failure of the project; and
                    ``(VI) such other criteria as the Secretary may 
                require.
            ``(B) If the Secretary fails to provide funds to a grant 
        selected by the American Fisheries Advisory Committee, the 
        Secretary shall provide a written document to the Committee 
        justifying the decision.''.

SEC. 3. EXPANSION OF SPECIFIED PURPOSES OF FISHERIES RESEARCH AND 
              DEVELOPMENT PROJECTS GRANTS PROGRAM TO INCLUDE FISHERIES 
              RESEARCH AND DEVELOPMENT PROJECTS.

    Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 713c-
3(c)(1)) is amended by inserting fisheries science, recreational 
fishing, before harvesting,.

SEC. 4. 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.''.

            Passed the Senate August 22, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 1322

_______________________________________________________________________

                                 AN ACT

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