[Senate Report 117-68]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 209
117th Congress       }                         {              Report
                                 SENATE
 2d Session          }                         {              117-68
_______________________________________________________________________



               AMERICAN FISHERIES ADVISORY COMMITTEE ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 497

		
		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


 February 8 (legislative day, February 3), 2022.--Ordered to be printed
 
 				
 				__________
 				
 				
 		      U.S. GOVERNMENT PUBLISHING OFFICE
 
29-010				WASHINGTON : 2022 


 
 
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred seventeenth congress
                             second session

                   MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota             ROGER WICKER, Mississippi
RICHARD BLUMENTHAL, Connecticut      JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii                 ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts         TED CRUZ, Texas
GARY PETERS, Michigan                DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin             JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois            DAN SULLIVAN, Alaska
JON TESTER, Montana                  MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona              TODD YOUNG, Indiana
JACKY ROSEN, Nevada                  MIKE LEE, Utah
BEN RAY LUJAN, New Mexico            RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado          SHELLEY MOORE CAPITO, West Virginia

RAPHAEL WARNOCK, Georgia             RICK SCOTT, Florida
                                     CYNTHIA LUMMIS, Wyoming

                 Melissa Porter, Acting Staff Director
                  John Keast, Minority Staff Director






                                                       Calendar No. 209
117th Congress       }                         {              Report
                                 SENATE
 2d Session          }                         {              117-68

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



 
               AMERICAN FISHERIES ADVISORY COMMITTEE ACT

                                _______
                                

 February 8 (legislative day, February 3), 2022.--Ordered to be printed

                                _______
                                

      Ms. Cantwell, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 497]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 497) 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. 497, the American Fisheries Advisory 
Committee Act, is to create the American Fisheries Advisory 
Committee (Advisory 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. This bill 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 rebuilding of most stocks of federally 
managed fish. As of the end of 2018, 9 percent of stocks were 
subject to overfishing and 18 percent of stocks were 
overfished.\2\ Additionally, in 2018, one stock was declared 
rebuilt and added to the 44 other successfully rebuilt 
fisheries.\3\ One of the reasons stocks have been rebuilt in 
recent years is that the 2006 amendments to the MSA required 
science-based annual catch limits.
---------------------------------------------------------------------------
    \1\16 U.S.C. 1801 et seq.
    \2\National Oceanic and Atmospheric Administration, National Marine 
Fisheries Service, Status of Stocks 2018: Annual Report to Congress on 
the Status of U.S. Fisheries, July 30, 2019 (https://
media.fisheries.noaa.gov/dam-migration/
2018_status_of_stocks_rtc_final_508.pdf).
    \3\Ibid.
---------------------------------------------------------------------------
    The Saltonstall-Kennedy Fund (S-K 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 S-K Fund's activity,\6\ 
but that advisory committee was disbanded due to the enactment 
of the Federal Advisory Committee Act.\7\ 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. Concerns have 
been raised, however, that NOAA does not distribute grants in 
accordance with the S-K Fund's governing statute. For example, 
of the 36 grants given out by NOAA in 2018, only 6 were 
intended to improve the marketing of fish.
---------------------------------------------------------------------------
    \4\15 U.S.C. 713e-3.
    \5\Ibid.
    \6\Public Law 83-466; 68 Stat. 376.
    \7\5 U.S.C. App.
---------------------------------------------------------------------------

                         Summary of Provisions

    S. 497 would establish an Advisory Committee to evaluate 
grants and make recommendations on which projects should be 
funded by the S-K Fund.

                          Legislative History

    S. 497 was introduced on March 1, 2021, by Senator Sullivan 
(for himself and Senators Cantwell, Murkowski, Markey, and 
Warren) and was referred to the Committee on Commerce, Science, 
and Transportation of the Senate. Senators Rubio and Warnock 
are additional cosponsors. On May 12, 2021, the Committee met 
in open Executive Session and, by voice vote, ordered S. 497 
reported favorably without amendment.
    In the 116th Congress, an identical bill, 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 voice vote, 
ordered S. 1322 reported favorably with an amendment (in the 
nature of a substitute). S. 1322 was nearly identical to S. 
3087, which was reported favorably with an amendment (in the 
nature of a substitute) 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 in Executive Session and incorporated in that bill 
as reported. Subsequent versions of that bill reflected these 
changes, including the following:
   Require grant recipients to publicly post the title 
        and abstract of the project.
   Reorganize geographic areas.
   Require that one member of the Board represent the 
        fisheries science community.
   Provide criteria by which the Secretary would 
        evaluate grant applications.
   Require 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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, February 4, 2022.
Hon. Maria Cantwell,
Chairwoman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 497, the American 
Fisheries Advisory Committee Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sofia Guo.
            Sincerely,
                                          Philip L. Swagel,
                                                          Director.
    Enclosure.

    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 497 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 authority to spend 30 percent of 
customs receipts collected from imported fishery products. In 
2021, the agency spent $6.4 million on the grant program. S. 
497 would shift the authority to administer the 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. 497 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. 497 would 
not affect the federal budget.
    The CBO staff contact for this estimate is Sofia Guo. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of 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

    S. 497, as reported, would cover anyone applying for a Fund 
grant.

                            economic impact

    S. 497, as reported, is not expected to have any 
significant adverse impact on the Nation's economy.

                                privacy

    S. 497, as reported, would not have any adverse impact on 
the privacy of individuals.

                               paperwork

    S. 497, as reported, would require the Secretary 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 18 members 
from various States and 4 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 grant applications for 
approval. 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):

                         ACT OF AUGUST 11, 1939

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

           *       *       *       *       *       *       *


    Sec. 2. (a) Definitions.--* * *
    (b) Fund.--* * *
    (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) * * *
    [(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) * * *
            (5)(A) * * *
            (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.--* 
* *
    (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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