[Congressional Record Volume 164, Number 140 (Wednesday, August 22, 2018)]
[Senate]
[Pages S5866-S5868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               AMERICAN FISHERIES ADVISORY COMMITTEE ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 283, S. 1322, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof 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 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, 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 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.

[[Page S5867]]

       ``(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. 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.''.

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 1322) to establish the American Fisheries 
     Advisory Committee to assist in the awarding of fisheries 
     research and development grants, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be withdrawn, the Sullivan 
substitute amendment at the desk be considered and agreed to, the bill, 
as amended, be considered read a third time and passed, and the motion 
to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported substitute amendment was withdrawn.
  The amendment (No. 4001) in the nature of a substitute was agreed to 
as follows: (The amendment is printed in today's Record under ``Text of 
Amendments.'')


 =========================== NOTE =========================== 

  
  On page S5867, August 22, 2018, in the second column, the 
following appears: The amendment (No. 3942) was agreed to, as 
follows: (Purpose: To increase by $133,000,000 the amount 
appropriated for Research, Development, Test and Evaluation, 
Defense-Wide for Common Kill Vehicle Technology, and to provide an 
offset) At the appropriate place in title VIII of division A, 
insert the following: SEC. ------. (a) The amount appropriated by 
title IV of this division under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' is hereby 
increased by $133,000,000, with the amount of the increase to be 
available for the Missile Defense Agency for Common Kill Vehicle 
Technology (b) The amount appropriated by title IV of this 
division under the heading ``Research, Development, Test and 
Evaluation, Defense-Wide'' is hereby decreased by $133,000,000, 
with the amount of the decrease to be applied against amounts 
otherwise appropriated by the heading for the Missile Defense 
Agency and available for Technology Maturation Initiatives.
  
  The online Record has been corrected to read:The amendment (No. 
4001) in the nature of a substitute was agreed to as follows: (The 
amendment is printed in today's Record under ``Text of 
Amendments.'')


 ========================= END NOTE ========================= 

  The bill (S. 1322), as amended, was ordered to be engrossed for a 
third reading, was read the third time and passed, as follows:

                                S. 1322

       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:

[[Page S5868]]

       ``(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.''.

                          ____________________