[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 497 Enrolled Bill (ENR)]
S.497
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
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 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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.