[Congressional Record Volume 164, Number 140 (Wednesday, August 22, 2018)]
[Senate]
[Pages S5862-S5864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4001. Mr. McCONNELL (for Mr. Sullivan (for himself and Mr.
Markey)) proposed an amendment to the bill S. 1322, to establish the
American Fisheries Advisory Committee to assist
[[Page S5863]]
in the awarding of fisheries research and development grants, and for
other purposes; as follows:
Strike all after the enacting clause and insert the
following:
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,.
[[Page S5864]]
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.''.
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