[Senate Report 116-77]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 179
116th Congress      }                                    {      Report
                                 SENATE
 1st Session        }                                    {      116-77
_______________________________________________________________________

                                     


               AMERICAN FISHERIES ADVISORY COMMITTEE ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 494










[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]














                 August 16, 2019--Ordered to be printed
     Filed, under authority of the order of the Senate of August 1, 2019
     
                              __________
 
 
                        U.S. GOVERNMENT PUBLISHING OFFICE 

89-010                         WASHINGTON : 2019 



















       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     One Hundred Sixteenth Congress
                             first session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director
















                                                      Calendar No. 179
116th Congress      }                                    {      Report
                                 SENATE
 1st Session        }                                    {      116-77

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



 
               AMERICAN FISHERIES ADVISORY COMMITTEE ACT

                                _______
                                

                August 16, 2019.--Ordered to be printed

  Filed, under authority of the order of the Senate of August 1, 2019

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 494]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 494) 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 
without amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 494, 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 federally 
managed fish: as of the end of 2017, 9 percent of stocks were 
subject to overfishing and 15 percent of stocks were 
overfished.\2\ Additionally, in 2017, three 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.
---------------------------------------------------------------------------
    \1\16 U.S.C. 1801 et seq.
    \2\National Oceanic and Atmospheric Administration, ``Status of 
Stocks 2017: Annual Report to Congress on the Status of U.S. 
Fisheries,'' at https://www.fisheries.noaa.gov/national/2017-report-
congress-status-us-fisheries.
    \3\Ibid.
---------------------------------------------------------------------------
    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 
Administration (NOAA) either as grants or to fund internal 
projects.
---------------------------------------------------------------------------
    \4\15 U.S.C. 713e-3.
    \5\Ibid.
    \6\Public Law 83-466; 68 Stat. 376.
---------------------------------------------------------------------------
    Concerns have been raised, however, that NOAA does not 
distribute grants in accordance with the Fund's governing 
statute. For example, out of the 36 grants given out by NOAA in 
2018, only six were intended to improve the marketing of fish.

                         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

    S. 494 was introduced on February 14, 2019, by Senator 
Sullivan (for himself and Senators Cantwell, Markey, Murkowski, 
and Warren) and was referred to the Committee on Commerce, 
Science, and Transportation of the Senate. On April 3, 2019, 
the Committee met in open Executive Session and, by voice vote, 
ordered S. 494 to be reported favorably without amendment.
    In the 115th Congress, a similar bill, S. 1322 was 
introduced by Senator Sullivan (for himself and Senators 
Cantwell and Murkowski) and was referred to the Committee on 
Commerce, Science, and Transportation of the Senate. It also 
was 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 by 
Senator Schatz. S. 1322 was 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. Subsequent versions of the bill reflect these 
changes, including 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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 494 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. S. 494 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.
    S. 494 would not change the amount of authorized spending 
of custom receipts (although the composition of that spending 
might change). Thus, CBO estimates that enacting S. 494 would 
not affect the federal budget.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
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 bill, as reported, would cover anyone applying for a 
Fund grant.

                            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 be required to provide a written 
document to the Advisory Committee justifying denial of 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 
semiannually. 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):

                        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):

ACT OF AUGUST 11, 1939 (SALTONSTALL-KENNEDY ACT)

           *       *       *       *       *       *       *



                           [15 U.S.C. 713c-3]

  Sec. 2. (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 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 provision 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 respect 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 provision 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.

                                  [all]