[House Report 116-428]
[From the U.S. Government Publishing Office]


116th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      116-428

======================================================================



 
               AMERICAN FISHERIES ADVISORY COMMITTEE ACT

                                _______
                                

  June 4, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1218]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is 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 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.''.

                          Purpose of the Bill

    The purpose of H.R. 1218 is to establish the American 
Fisheries Advisory Committee to assist in the awarding of 
fisheries research and development grants, and for other 
purposes.

                  Background and Need for Legislation

    The Saltonstall-Kennedy Grant Program (S-K Grant Program), 
established by the 1939 Saltonstall-Kennedy Act\1\ (S-K Act), 
provides a mechanism to fund research and development projects 
involving seafood harvesting, processing, marketing, associated 
infrastructure, and more,\2\ funded through tariffs paid to the 
Department of Agriculture on imported seafood products and 
other fisheries products.\3\ This fund was originally overseen 
by an advisory committee, which was eliminated under the 1972 
Federal Advisory Committee Act.\4\ The National Marine 
Fisheries Service (NMFS) has since managed the grant program to 
``address the needs of fishing communities, optimize economic 
benefits by building and maintaining sustainable fisheries, and 
increase other opportunities to keep working waterfronts 
viable.''\5\
---------------------------------------------------------------------------
    \1\Act of Aug. 11, 1939, 53 Stat. 1411.
    \2\15 U.S.C. Sec. 713c-3(c).
    \3\Fish and Wildlife Act of 1956, Sec. 12(a), Pub. L. No. 84-1024, 
70 Stat. 1119, 1124 (codified as 15 U.S.C. Sec. 713c-3 note).
    \4\See Pub. L. No. 92-463, Sec. 14, 86 Stat. 770, 776 (1972).
    \5\Saltonstall-Kennedy Grant Program, NOAA Fisheries, https://
www.fisheries.noaa.gov/grant/saltonstall-kennedy-grant-program (last 
visited Oct. 9, 2019).
---------------------------------------------------------------------------
    Lawmakers and stakeholders have raised concerns over the 
years that NMFS does not administer the program fairly and in 
accordance with statute. For example, NMFS has arguably 
underfunded seafood marketing projects in favor of internal 
priorities.\6\ Indeed, much of the statutorily dedicated tariff 
revenue has been diverted from the grant program to fund NOAA 
operations over the years,\7\ although in some cases at 
Congress's direction.\8\ For Fiscal Year 2019, NMFS recommended 
awarding five projects using S-K funds for almost $1.3 million: 
three projects for marine aquaculture; one for promotion, 
development, and marketing; and one in support of science that 
maximizes fishing opportunities, revenue, and jobs in U.S. 
fisheries.\9\
---------------------------------------------------------------------------
    \6\See, e.g., S. Rep. No. 116-77, at 2 (2019); S. Rep. No. 115-193, 
at 2 (2017); S. Rep. No. 114-379, at 2 (2016).
    \7\Richard Gaines, Feds Ignore Law on Fishing Fund, Gloucester 
Times, Mar. 28, 2011, https://www.gloucestertimes.com/news/local_news/
feds-ignore-law-on-fishing-fund/article_062b6ce8-2551-5536-ad29-
af879a2f73bf.html.
    \8\Eugene H. Buck, Cong. Research Serv., RS21799, Saltonstall-
Kennedy Act 3-5, 6, 7, 3 n.12 (2012).
    \9\FY19 Successful Saltonstall-Kennedy Grant Applicants, NOAA 
Fisheries, https://www.fisheries.noaa.gov/content/fy19-successful-
saltonstall-kennedy-grant-applicants (last updated Sept. 18, 2019).
---------------------------------------------------------------------------
    The purpose of this bill is to create an advisory committee 
comprised of representatives from the seafood industry to 
develop grant proposal requests and to review and select grant 
applications.

                            Committee Action

    H.R. 1218 was introduced on February 13, 2019, by 
Representative Don Young (R-AK). The bill was referred solely 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on Water, Oceans, and Wildlife. On May 8, 
2019, the Subcommittee held a hearing on the bill. On September 
18, 2019, the Natural Resources Committee met to consider the 
bill. The Subcommittee was discharged by unanimous consent. 
Chair Raul Grijalva (D-AZ) filed an amendment in the nature of 
a substitute. By unanimous consent, the sponsor of the 
amendment in the nature of a substitute was changed from Chair 
Grijalva to Representative Joe Cunningham (D-SC) and 
Representative Garret Graves (R-LA). The amendment in the 
nature of a substitute was agreed to by unanimous consent. The 
bill, as amended, was adopted and ordered favorably reported to 
the House of Representatives by unanimous consent.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 1218: legislative hearing by the Subcommittee on 
Water, Oceans, and Wildlife held on May 8, 2019.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides the short title of the bill, the 
``American Fisheries Advisory Committee Act.''

Section 2. American Fisheries Advisory Committee

    This section establishes the American Fisheries Advisory 
Committee, which manages the administration of grant proposal 
requests and provides recommendations to the Secretary of 
Commerce for fisheries research and development grants that 
fund projects meeting the needs of the fishing community. This 
committee consists of representatives from six geographic 
regions who are from the seafood harvesting and processing 
industries; the fishing or seafood-growing communities; and the 
fisheries science community or the relevant Regional Fishery 
Management Council. In addition, the committee consists of at-
large members with experience in seafood distribution, 
marketing, retail, or food service; the recreational fishing 
industry supply chain; the commercial fishing industry supply 
chain; and an employee of NMFS.

Section 3. Expansion of specified purposes of fisheries research and 
        development projects grants program to include fisheries 
        research and development projects

    This section includes fisheries science and recreational 
fishing projects among the research and development project 
grants eligible for funding by the Secretary of Commerce.

Section 4. Public availability of grants proposals

    This section requires grantees to make publicly available a 
title and abstract of each project as public justification for 
funding, including a description of how the project enhances 
U.S. fisheries.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 1218 would establish the American Fisheries Advisory 
Committee within the Department of Commerce (DOC). The 
committee would consist of representatives from each of six 
geographic regions and 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 the 
needs of fishing communities, developing requests for proposals 
for research and development grants to meet those needs, 
reviewing grant applications, and selecting applicants to 
receive funding.
    The National Oceanic and Atmospheric Administration 
currently administers the fishery research and development 
grant program described above. That program's funding is 
derived from DOC's permanent statutory authority to spend 30 
percent of customs receipts collected from imported fishery 
products. In 2018 the agency spent $16 million for those 
purposes. H.R. 1218 would shift the authority to administer 
that grant program to the newly established committee. The bill 
also would expand eligibility for grant applicants to include 
projects related to fisheries science and recreational fishing.
    H.R. 1218 would not change the total amount of authorized 
spending of custom receipts (although the composition of that 
spending might change). Thus, CBO estimates that enacting H.R. 
1218 would not affect the federal budget.
    On April 18, 2019, CBO transmitted a cost estimate for S. 
494, the American Fisheries Advisory Committee Act, as ordered 
reported by the Senate Committee on Commerce, Science, and 
Transportation on April 3, 2019. H.R. 1218 is similar to S. 494 
and CBO's estimates of the budgetary effects are the same for 
both pieces of legislation.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to establish the American Fisheries 
Advisory Committee to assist in the awarding of fisheries 
research and development grants.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    This bill contains no unfunded mandates.

                Federal Advisory Committee Act Statement

    The functions of the American Fisheries Advisory Committee 
required to be established by this bill are currently being 
performed, in part, by the Secretary of Commerce acting through 
the National Marine Fisheries Service and previously by an 
advisory committee eliminated by the Federal Advisory Committee 
Act. In reporting the bill favorably to the House of 
Representatives, the Committee on Natural Resources finds that 
these functions would be better performed by the proposed 
advisory committee than by one or more agencies or another 
existing advisory committee.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The Fisheries Development and 
Utilization Research and Development Grants and Cooperative 
Agreements Program (CFDA No. 11.427) expanded by this bill is 
related and complementary to, but not duplicative of, the 
following programs identified in the most recent Catalog of 
Federal Domestic Assistance published pursuant to 31 U.S.C. 
Sec. 6104: Interjurisdictional Fisheries Act of 1986 (CFDA No. 
11.407) and Sea Grant Support (CFDA No. 11.417).

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                         ACT OF AUGUST 11, 1939


  AN ACT To authorize the Federal Surplus Commodities Corporation to 
   purchase and distribute surplus products of the fishing industry.



           *       *       *       *       *       *       *
  Sec. 2. (a) Definitions.--As used in this section--
          (1) The term ``person'' means--
                  (A) any individual who is a citizen or 
                national of the United States or a citizen of 
                the Northern Mariana Islands;
                  (B) any fishery development foundation or 
                other private nonprofit corporation in Alaska; 
                and
                  (C) any corporation, partnership, 
                association, or other entity (including, but 
                not limited to, any fishery development 
                foundation or other private nonprofit 
                corporation not located in Alaska), nonprofit 
                or otherwise, if such entity is a citizen of 
                the United States within the meaning of section 
                2 of the Shipping Act, 1916 (46 U.S.C. 802) and 
                for purposes of applying such section 2 with 
                respect to this section--
                          (i) the term ``State'' as used 
                        therein includes any State referred to 
                        in paragraph (3),
                          (ii) citizens of the United States 
                        must own not less than 75 percent of 
                        the interest in the entity or, in the 
                        case of a nonprofit entity, exercise 
                        control in the entity that is 
                        determined by the Secretary to be the 
                        equivalent of such ownership, and
                          (iii) nationals of the United States 
                        and citizens of the Northern Mariana 
                        Islands shall be treated as citizens of 
                        the United States in meeting the 
                        ownership and control requirements 
                        referred to in clause (ii).
          (2) The term ``Secretary'' means the Secretary of 
        Commerce.
          (3) The term ``State'' means any State, the District 
        of Columbia, the Commonwealth of Puerto Rico, American 
        Samoa, the Virgin Islands of the United States, Guam, 
        the Northern Mariana Islands, and any other 
        Commonwealth, territory, or possession of the United 
        States.
          (4) The term ``United States fishery'' means any 
        fishery, including any tuna fishery, that is, or may 
        be, engaged in by citizens or nationals of the United 
        States or citizens of the Northern Mariana Islands.
          (5) The term ``citizen of the Northern Mariana 
        Islands'' means--
                  (A) an individual who qualifies as such under 
                section 8 of the Schedule on Transitional 
                Matters attached to the Constitution of the 
                Northern Mariana Islands; or
                  (B) a corporation, partnership, association, 
                or other entity organized or existing under the 
                laws of the Northern Mariana Islands, not less 
                than 75 percent of the interest in which is 
                owned by individuals referred to in 
                subparagraph (A) or citizens or nationals of 
                the United States, in cases in which ``owned'' 
                is used in the same sense as in section 2 of 
                the Shipping Act, 1916 (46 U.S.C. 802).
  (b) Fund.--(1) The Secretary of Agriculture shall transfer to 
the Secretary each fiscal year, beginning with the fiscal year 
commencing July 1, 1954, and ending on June 30, 1957, from 
moneys made available to carry out the provisions of section 32 
of such Act of August 24, 1935, an amount equal to 30 per 
centum of the gross receipts from duties collected under the 
customs laws on fishery products (including fish, shellfish, 
mollusks, crustacea, aquatic plants and animals, and any 
products thereof, including processed and manufactured 
products), which shall be maintained in a separate fund only 
for--
          (A) use by the Secretary--
                  (i) to provide financial assistance for the 
                purpose of carrying out fisheries research and 
                development projects approved under subsection 
                (c),
                  (ii) to implement the national fisheries 
                research and development program provided for 
                under subsection (d);
                  (iii) to implement the Northwest Atlantic 
                Ocean Fisheries Reinvestment Program 
                established under section 314 of the Magnuson 
                Fishery Conservation and Management Act; and
                  (iv) to fund the Federal share of a fishing 
                capacity reduction program established under 
                section 312 of the Magnuson Fishery 
                Conservation and Management Act; and
          (B) the provision of moneys, subject to paragraph 
        (2), to carry out the purposes of the Fisheries 
        Promotion Fund established under section 208(a) of the 
        Fish and Seafood Promotion Act of 1986.
  (2) There are transferred from the fund established under 
paragraph (1) to the Fisheries Promotion Fund referred to in 
paragraph (1)(B) $750,000 in fiscal year 1987, $3,000,000 in 
each of fiscal years 1988 and 1989, and $2,000,000 in each of 
fiscal years 1990 and 1991.
  (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 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.
  (4) Each grant made under this 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 of 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) National Fisheries Research and Development Program.--(1) 
The Secretary shall 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), if not 
adequately covered by projects assisted under subsection (c), 
as the Secretary deems appropriate.
  (2) The Secretary shall, after consultation with appropriate 
representatives of the fishing industry, submit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Merchant Marine and Fisheries of 
the House of Representatives, an annual report, that must be 
submitted not later than 60 days before the close of each 
fiscal year, containing--
          (A) the fisheries development goals and funding 
        priorities under paragraph (1) for the next fiscal 
        year;
          (B) a description of all pending projects assisted 
        under subsection (c) or carried out under paragraph 
        (1), in addition to--
                  (i) a list of those applications approved and 
                those disapproved under subsection (c), and the 
                total amount of grants made, for the current 
                fiscal year, and
                  (ii) a statement of the extent to which 
                available funds were not obligated or expended 
                by the Secretary for grants under subsection 
                (c) during the current fiscal year; and
          (C) an assessment of each project assisted under 
        subsection (c) or carried out under paragraph (1) that 
        was completed in the preceding fiscal year regarding 
        the extent to which (i) the objectives of the project 
        were attained, and (ii) the project contributed to 
        fishery development.
  (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).
  [(e)] (f) Allocation of Fund Moneys.--(1) Notwithstanding any 
other provisions of law, all moneys in the fund shall be used 
exclusively for the purpose of promoting United States 
fisheries in accordance with the provisions of this section, 
and no such moneys shall be transferred from the fund for any 
other purpose. With repect to any fiscal year, all moneys in 
the fund, including the sum of all unexpended moneys carried 
over into that fiscal year and all moneys transferred to the 
fund under subsection (b) or any other provison of law with 
respect to that fiscal year, shall be allocated as follows:
          (A) the Secretary shall use no less than 60 per 
        centum of such moneys to make direct industry 
        assistance grants to develop the United States 
        fisheries and to expand domestic and foreign markets 
        for United States fishery products pursuant to 
        subsection (c) of this section; and
          (B) the Secretary shall use the balance of the moneys 
        in the fund to finance those activities of the National 
        Marine Fisheries Service which are directly related to 
        development of the United States fisheries pursuant to 
        subsection (d) of this section.
  (2) The Secretary shall, consistent with the number of 
meritorious applications received with respect to any fiscal 
year, obligate or expend all of the moneys in the fund 
described in paragraph (1). Any such moneys which are not 
expended in a given fiscal year shall remain available for 
expenditure in accordance with this section without fiscal year 
limitation, except that the Secretary shall not obligate such 
moneys at a rate less than that necessary to prevent the 
balance of moneys in the fund from exceeding $3,000,000 at the 
end of any fiscal year.

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        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]