[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1218 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1218
To establish the American Fisheries Advisory Committee to assist in the
awarding of fisheries research and development grants, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2019
Mr. Young (for himself and Mrs. Radewagen) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
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 the
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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