[Senate Report 115-193]
[From the U.S. Government Publishing Office]
Calendar No. 283
115th Congress } { Report
SENATE
1st Session } { 115-193
_______________________________________________________________________
AMERICAN FISHERIES ADVISORY COMMITTEE ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1322
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 11, 2017.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
79-010 WASHINGTON : 2017
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada CORY A. BOOKER, New Jersey
JAMES M. INHOFE, Oklahoma TOM UDALL, New Mexico
MIKE LEE, Utah GARY C. PETERS, Michigan
RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West TAMMY DUCKWORTH, Illinois
Virginia
CORY GARDNER, Colorado MARGARETWOODHASSAN,NewHampshire
TODD C. YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 283
115th Congress } { Report
SENATE
1st Session } { 115-193
======================================================================
AMERICAN FISHERIES ADVISORY COMMITTEE ACT
_______
December 11, 2017.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1322]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the 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, having considered the same, reports favorably thereon
with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of the American Fisheries Advisory Committee
(Advisory Committee) Act is to create a committee to do the
following: identify the needs of the seafood industry; develop
requests for proposals; review grant applications; and select
grant applications for approval. The Act also would require
that all final decisions be at the discretion of the Secretary
of Commerce (Secretary) and that the Advisory Committee meet
not more than two times each year.
Background and Needs
The fishery management standards established by the
Magnuson-Stevens Fishery Conservation and Management Act
(MSA)\1\ have led to the recovery of most stocks of Federal
managed fish; as of 2016, less than 10 percent of stocks were
subject to overfishing and 16 percent of stocks were
overfished.\2\ Additionally, in 2016, two stocks were declared
rebuilt and added to the list of rebuilding success stories.\3\
One of the reasons stocks have recovered in recent years is
that the 2006 amendments to the MSA required hard annual catch
limits on stocks. Thus, in recent years, in order to increase
profits, fishermen have had to primarily focus on increasing
the value of their catch rather than catching more fish.
The Saltonstall-Kennedy Fund (Fund) was established to
``carry out a national program of research and development
addressed to such aspects of United States fisheries
(including, but not limited to, harvesting, processing,
marketing, and associated infrastructures).''\4\ It is funded
by tariffs on imported fishery products.\5\ Originally, the
previous advisory committee oversaw the Fund's activity,\6\ but
that advisory committee was disbanded due to the enactment of
the Federal Advisory Committee Act (5 U.S.C. App.). Since the
disbanding of that advisory committee, the funds have been
distributed by the National Oceanic and Atmospheric Association
(NOAA) either as grants or to fund internal projects.
Concerns have been raised, however, that NOAA does not
distribute grants in accordance with the Fund's governing
statute. For example, out of the 50 grants given out by NOAA in
2016, only 3 have been to improve the marketing of fish.
---------------------------------------------------------------------------
\1\16 U.S.C. Sec. 1801 et seq.
\2\National Oceanic and Atmospheric Administration, ``Status of
Stocks 2016: Annual Report to Congress on the Status of U.S.
Fisheries,'' at http://www.nmfs.noaa.gov/sfa/fisheries_eco/
status_of_fisheries/archive/2016/status-of-stocks-2016-web.pdf.
\3\Ibid.
\4\15 U.S.C. Sec. 713e-3
\5\Ibid.
\6\P.L. 83-466; 68 Stat. 376.
---------------------------------------------------------------------------
Summary of Provisions
The Act would establish the Advisory Committee to evaluate
grants and make recommendations on which projects should be
funded by the Fund.
Legislative History
On June 8, 2017, S. 1322 was introduced by Senator Sullivan
(for himself and Senators Cantwell and Murkowski). It is also
cosponsored by Senator Warren. On August 2, 2017, the Committee
met in open Executive Session and, by a voice vote, ordered S.
1322 to be reported favorably with an amendment (in the nature
of a substitute). A substitute amendment was proposed by
Senator Schatz. S. 1322 is nearly identical to S. 3087 that was
reported out of Committee in the 114th Congress.
In the 114th Congress, several amendments to S. 3087,
including four from Senator Markey and two from Senator Schatz,
were adopted at Executive Session and incorporated in the bill
as reported. This Congress, S. 1322 reflects the changes that
were agreed to last Congress, namely the following: requiring
grant recipients to publicly post the title and abstract of the
project; reorganizing of geographic areas; requiring that one
member of the Board represent the fisheries science community;
providing criteria by which the Secretary would evaluate grant
applications; and requiring the Secretary to submit to the
Advisory Committee a justification if the recommendations of
the Advisory Committee are not followed.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1322--American Fisheries Advisory Committee Act
S. 1322 would establish the American Fisheries Advisory
Committee within the Department of Commerce (DOC). The
committee would comprise three representatives from each of six
geographic regions and seven at-large members with experience
in the seafood and fisheries industries, as selected by DOC.
Under the bill, the committee would be responsible for
identifying needs of the fishing industry, developing requests
for grants to meet those needs, and reviewing and selecting
applications for an existing grant program for approval by DOC.
Under current law, the National Marine Fisheries Service (NMFS)
within DOC is responsible for those activities. In 2016, the
program awarded 50 grants totaling $11 million. That amount is
derived from permanent authority to spend certain customs
duties that are imposed on imported fishery products. S. 1322
also would expand the scope of projects eligible for a grant
under the program.
Based on an analysis of information from DOC, CBO estimates
that the committee's operations would cost $2 million a year
over the 2018-2022 period to operate the grant program.
However, because any increases in amounts spent on
administering the grant program would result in a corresponding
reduction in amounts awarded for the grants, CBO estimates that
implementing S. 1322 would have no significant net effect on
the federal budget. Pay-as-you-go procedures apply because
enacting the bill would affect direct spending. Enacting S.
1322 would not affect revenues.
CBO estimates that enacting S. 1322 would not significantly
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2028.
S. 1322 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Stephen Rabent.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The Act, as reported, would cover anyone applying for a
Fund grant; last year NOAA recommended over 40 projects
totaling $10 million.
economic impact
Enactment of this legislation is not expected to have any
significant adverse impacts on the Nation's economy.
privacy
This bill would not have any adverse impact on the privacy
of individuals.
paperwork
The Secretary would provide a written document to the
Advisory Committee justifying the decision in failing to
provide funding for a grant selected by the Advisory Committee.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the Act may be cited as
``the American Fisheries Advisory Committee Act.''
Section 2. American Fisheries Advisory Committee.
This section would establish the Advisory Committee.
Membership of the Advisory Committee would include 10 members
from various States and 9 At-Large Members. The Advisory
Committee would be required to do the following: identify the
needs of the seafood industry; develop requests for proposals;
review grant applications; and select applications for approval
for grants. The Advisory Committee would meet not more than
biannually. All decisions would be subject to a feasibility
review by the Secretary.
Section 3. Expansion of specified purposes of fisheries research and
Development Projects Grants Program to include fisheries
research and development projects.
This section would amend and expand the Saltonstall-Kennedy
Fund governing statute to include fisheries science and
recreational fishing as approved projects for grant
application.
Section 4. Public availability of grants proposals.
This section would require any person awarded a grant to
make publicly available the title and abstract of the project.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
AUGUST 11, 1939
[53 Stat. 1412]
SEC. 2. PROMOTION OF THE FREE FLOW OF DOMESTICALLY PRODUCED FISHERY
PRODUCTS.
[15 U.S.C. 713c-3]
(a) * * *
(c) Fisheries Research and Development Projects.--
(1) The Secretary shall make grants from the fund
established under subsection (b) to assist persons in
carrying out research and development projects
addressed to any aspect of United States fisheries,
including, but not limited to, fisheries science,
recreational fishing, harvesting, processing,
marketing, and associated infrastructures.
(2) The Secretary shall--
(A) at least once each fiscal year, receive,
during a 60-day period specified by him,
applications for grants under this subsection;
(B) prescribe the form and manner in which
applications for grants under this subsection
must be made, including, but not limited to,
the specification of the information which must
accompany applications to ensure that the
proposed projects comply with Federal law and
can be evaluated in accordance with paragraph
(3)(B); and
(C) approve or disapprove each such
application before the close of the 120th day
after the last day of the 60-day period
(specified under subparagraph (A)) in which the
application was received.
[(3) No application for a grant under this subsection
may be approved unless the Secretary--
[(A) is satisfied that the applicant has the
requisite technical and financial capability to
carry out the project; and
[(B) 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.]
(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.
(4) Each grant made under the subsection shall be
subject to such terms and conditions as the Secretary
may require to protect the interests of the United
States, including, but not limited to, the following:
(A) The recipient of the grant must keep such
records as the Secretary shall require as being
necessary or appropriate for disclosing the use
made of grant funds and shall allow the
Secretary and the Comptroller General of the
United States, or any of their authorized
representatives, access to such records for
purposes of audit and examination.
(B) The amount of a grant may not be less
than 50 percent of the estimated cost of the
project.
(C) The recipient of the grant must submit to
the Secretary periodic project status reports.
(5)(A) If the cost of a project will be shared by the
grant recipient, the Secretary shall accept, as a part
or all of that share, the value of in-kind
contributions made by the recipient, or made available
to, and applied by, the recipient, with respect to the
project.
(B) For purposes of subparagraph (A), in-kind
contributions may be in the form of, but are
not limited to, personal services rendered in
carrying out functions related to, and
permission to use real or personal property
owned by others (for which consideration is not
required) in carrying out the project. The
Secretary shall establish (i) the training,
experience, and other qualifications which
shall be required in order for services to be
considered as in-kind contributions; and (ii)
the standards under which the Secretary will
determine the value of in-kind contributions
for purposes of subparagraph (A).
(C) Any valuation determination made by the
Secretary for purposes of this paragraph shall
be conclusive.
(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.
(d) * * *
(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.
(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.
[all]