[House Report 117-635]
[From the U.S. Government Publishing Office]


117th Congress     }                                    {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                    {     117-635

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



 
           AMERICAN FISHERIES ADVISORY COMMITTEE ACT OF 2021

                                _______
                                

 December 14, 2022.--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. 3128]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3128) 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 H.R. 3128 is to establish the American 
Fisheries Advisory Committee to assist in the awarding of 
fisheries research and development grants.

                  Background and Need for Legislation

    The Saltonstall-Kennedy Grant Program (S-K Grant Program) 
was established by the Saltonstall-Kennedy Act\1\ (S-K Act) in 
1939. The S-K Grant Program provides a mechanism to fund 
research and development projects involving seafood harvesting, 
processing, marketing, and associated infrastructure,\2\ funded 
through import duties on seafood products and other fisheries 
products.\3\ This fund was initially overseen by an advisory 
committee, which the 1972 Federal Advisory Committee Act 
eliminated.\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\
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    \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\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).
    \5\Saltonstall-Kennedy Grant Program, NOAA Fisheries, https://
www.fisheries.noaa.gov/grant/saltonstall-kennedy-grant-program (last 
visited Oct. 9, 2019).
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    Lawmakers and stakeholders have raised concerns over the 
years that NMFS does not administer the program fairly and in 
accordance with the statute. For example, NMFS has arguably 
underfunded seafood marketing projects in favor of internal 
priorities.\6\ Much of the statutorily dedicated tariff revenue 
has been diverted from the grant program to fund NOAA 
operations over the years,\7\ although at Congress's direction 
in some cases.\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 supporting science that 
maximizes fishing opportunities, revenue, and jobs in U.S. 
fisheries.\9\
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    \6\Saltonstall-Kennedy Grant Program, NOAA Fisheries, https://
www.fisheries.noaa.gov/grant/saltonstall-kennedy-grant-program (last 
visited Oct. 9, 2019).
    \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).
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    H.R. 3128 establishes an advisory committee made of 
representatives from the seafood harvesting and processing 
industries to manage awards of fisheries research and 
development grants that fund projects meeting the needs of the 
seafood industry, using receipts from fishery import duties.
    On April 26, 2022, Congress passed S. 497, the Senate 
companion of H.R. 3128. President Biden signed it, and the bill 
became Public Law No. 117-121.

                            Committee Action

    H.R. 3128 was introduced on May 11, 2021, 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 July 28, 2021, 
the Subcommittee held a hearing on the bill. On November 17, 
2021, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. No 
amendments were offered, and the bill was adopted and ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Oceans, and Wildlife held 
on July 29, 2021.

            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) of rule XIII 
of the Rules of the House of Representatives and section 308(a) 
of the Congressional Budget Act of 1974 and with respect to 
requirements of clause (3)(c)(3) and clause 3(d) of rule XIII 
of the Rules of the House of Representatives and section 402 of 
the Congressional Budget Act of 1974, the Committee has 
requested but not received a cost estimate for this bill from 
the Director of Congressional Budget Office. The Committee 
adopts as its own cost estimate the forthcoming cost estimate 
of the Director of the Congressional Budget Office, should such 
cost estimate be made available before House passage of the 
bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    The Committee notes that CBO's analysis of S. 497, the 
Senate's companion legislation, is available and shows the bill 
as having no effect on direct spending and revenues.\10\
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    \10\https://www.cbo.gov/system/files/2022-02/s497_0.pdf.
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    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

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee, if such 
estimate is not publicly available on the Congressional Budget 
Office website.
    The Committee notes that CBO's analysis of S. 497, the 
Senate's companion legislation, is available and shows the bill 
as not creating any mandates for purposes of UMRA.\11\
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    \11\https://www.cbo.gov/system/files/2022-02/s497_0.pdf.
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                Federal Advisory Committee Act Statement

    The bill would reestablish an advisory committee associated 
with the Saltonstall-Kennedy Grant Program. In reporting the 
bill favorably to the House of Representatives, the Committee 
on Natural Resources finds that the advisory committee's 
functions would be better performed by the proposed advisory 
committee than by the NMFS, one or more agencies, or an 
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.

                  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 of 2021, 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 of 2021, 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.

           *       *       *       *       *       *       *


        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]