American Fisheries Advisory Committee Act

IB Union Calendar No. 342 116TH CONGRESS 2D SESSION H. R. 1218 [Report No. 116–428] To establish the American Fisheries Advisory Committee to assist in the awarding of fisheries research and development grants, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2019 Mr. YOUNG (for himself and Mrs. RADEWAGEN) introduced the following bill; which was referred to the Committee on Natural Resources JUNE 4, 2020 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 13, 2019] VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1218 RH A BILL To establish the American Fisheries Advisory Committee to assist in the awarding of fisheries research and develop- ment grants, and for other purposes. VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1218 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘American Fisheries Ad- 4 visory Committee Act’’. 5 SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE. 6 (a) ESTABLISHMENT.—Section 2 of the Act of August 7 11, 1939 (15 U.S.C. 713c–3), is amended— 8 (1) by redesignating subsection (e) as subsection 9 (f); and 10 (2) by inserting after subsection (d) the fol- 11 lowing: 12 ‘‘(e) AMERICAN FISHERIES ADVISORY COMMITTEE.— 13 ‘‘(1) DEFINITIONS.—In this subsection: 14 ‘‘(A) COMMITTEE.—The term ‘Committee’ 15 means the American Fisheries Advisory Com- 16 mittee established under paragraph (2). 17 ‘‘(B) FISHING COMMUNITY.—The term ‘fish- 18 ing community’ means harvesters, marketers, 19 growers, processors, recreational fishermen, char- 20 ter fishermen, and persons providing them with 21 goods and services. 22 ‘‘(C) MARKETING AND PROMOTION.—The 23 term ‘marketing and promotion’ means an activ- 24 ity aimed at encouraging the consumption of 25 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1218 RH seafood or expanding or maintaining commercial 1 markets for seafood. 2 ‘‘(D) PROCESSOR.—The term ‘processor’ 3 means any person in the business of preparing 4 or packaging seafood (including seafood of the 5 processor’s own harvesting) for sale. 6 ‘‘(E) SEAFOOD.—The term ‘seafood’ means 7 farm-raised and wild-caught fish, shellfish, or 8 marine algae harvested in the United States or 9 by a United States flagged vessel for human con- 10 sumption. 11 ‘‘(2) ESTABLISHMENT.—Not later than 90 days 12 after the date of the enactment of the American Fish- 13 eries Advisory Committee Act, the Secretary shall es- 14 tablish 6 regions within the American Fisheries Advi- 15 sory Committee as follows: 16 ‘‘(A) Region 1 shall consist of Alaska, Ha- 17 waii, the Commonwealth of the Northern Mar- 18 iana Islands, and the Territories of Guam and 19 American Samoa. 20 ‘‘(B) Region 2 shall consist of Maine, New 21 Hampshire, Massachusetts, Rhode Island, and 22 Connecticut. 23 ‘‘(C) Region 3 shall consist of Texas, Ala- 24 bama, Louisiana, Mississippi, Florida, Arkan- 25 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1218 RH sas, Puerto Rico, and the Territory of the Virgin 1 Islands of the United States. 2 ‘‘(D) Region 4 shall consist of California, 3 Washington, Oregon, and Idaho. 4 ‘‘(E) Region 5 shall consist of New Jersey, 5 New York, Delaware, Maryland, Virginia, North 6 Carolina, South Carolina, and Georgia. 7 ‘‘(F) Region 6 shall consist of Michigan, 8 Minnesota, Wisconsin, Illinois, Indiana, Ohio, 9 and Pennsylvania. 10 ‘‘(3) MEMBERSHIP.—The Committee shall be 11 composed of the following members: 12 ‘‘(A) REGIONAL REPRESENTATION.—Each 13 of the regions listed in subparagraphs (A) 14 through (F) of paragraph (2) shall be represented 15 on the Committee by 3 members— 16 ‘‘(i) who are appointed by the Sec- 17 retary; 18 ‘‘(ii) who reside in a State or territory 19 in the region that the member will rep- 20 resent; 21 ‘‘(iii) of which— 22 ‘‘(I) one shall have experience as a 23 seafood harvester or processor; 24 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1218 RH ‘‘(II) one shall have experience as 1 recreational or commercial fisher or 2 have experience growing seafood; and 3 ‘‘(III) one shall be an individual 4 who represents the fisheries science 5 community or the relevant Regional 6 Fishery Management Council; and 7 ‘‘(iv) that are selected so that the mem- 8 bers of the Committee have experience or ex- 9 pertise with as many seafood species as 10 practicable. 11 ‘‘(B) AT-LARGE MEMBERS.—The Secretary 12 shall appoint to the Committee at-large members 13 as follows: 14 ‘‘(i) One individual with experience in 15 food distribution, marketing, retail, or food 16 service. 17 ‘‘(ii) One individual with experience 18 in the recreational fishing industry supply 19 chain, such as fishermen, manufacturers, re- 20 tailers, and distributors. 21 ‘‘(iii) One individual with experience 22 in the commercial fishing industry supply 23 chain, such as fishermen, manufacturers, re- 24 tailers, and distributors. 25 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1218 RH ‘‘(iv) One individual who is an em- 1 ployee of the National Marine Fisheries 2 Service with expertise in fisheries research. 3 ‘‘(C) BALANCED REPRESENTATION.—In se- 4 lecting the members described in subparagraphs 5 (A) and (B), the Secretary shall seek to maxi- 6 mize on the Committee, to the extent practicable, 7 a balanced representation of expertise in United 8 States fisheries, seafood production, and science. 9 ‘‘(4) MEMBER TERMS.—The term for a member 10 of the Committee shall be 3 years, except that the Sec- 11 retary shall designate staggered terms for the members 12 initially appointed to the Committee. 13 ‘‘(5) RESPONSIBILITIES.—The Committee shall 14 be responsible for— 15 ‘‘(A) identifying needs of the fishing com- 16 munity that may be addressed by a project fund- 17 ed with a grant under subsection (c); 18 ‘‘(B) developing the request for proposals for 19 such grants; 20 ‘‘(C) reviewing applications for such grants; 21 and 22 ‘‘(D) selecting applications for approval 23 under subsection (c)(2)(B). 24 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1218 RH ‘‘(6) CHAIR.—The Committee shall elect a chair 1 by a majority of those voting, if a quorum is present. 2 ‘‘(7) QUORUM.—A simple majority of members 3 of the Committee shall constitute a quorum, but a 4 lesser number may hold hearings. 5 ‘‘(8) MEETINGS.— 6 ‘‘(A) FREQUENCY.—The Committee shall 7 meet not more than 2 times each year. 8 ‘‘(B) LOCATION.—The meetings of the Com- 9 mittee shall rotate between the geographic regions 10 described under paragraph (2). 11 ‘‘(C) MINIMIZING COSTS.—The Committee 12 shall seek to minimize the operational costs asso- 13 ciated with meetings, hearings, or other business 14 of the Committee, including through the use of 15 video or teleconference. 16 ‘‘(9) DESIGNATION OF STAFF MEMBER.—The 17 Secretary shall designate a staff member to coordinate 18 the activities of the Committee and to assist with ad- 19 ministrative and other functions as requested by the 20 Committee. 21 ‘‘(10) PER DIEM AND EXPENSES AND FUND- 22 ING.— 23 ‘‘(A) IN GENERAL.—A member of the Com- 24 mittee shall serve without compensation, but 25 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1218 RH shall be reimbursed in accordance with section 1 5703 of title 5, United States Code, for reason- 2 able travel costs and expenses incurred in per- 3 forming duties as a member of the Committee. 4 ‘‘(B) FUNDING.—The costs of reimburse- 5 ments under subparagraph (A) and the other 6 costs associated with the Committee shall be paid 7 from funds made available to carry out this sec- 8 tion (which may include funds described in sub- 9 section (f)(1)(B)), except that no funds allocated 10 for grants under subsection (f)(1)(A) shall be ex- 11 pended for any purpose under this subsection. 12 ‘‘(11) CONFLICT OF INTEREST.—The conflict of 13 interest and recusal provisions set out in section 14 302(j) of the Magnuson-Stevens Fishery Conservation 15 and Management Act (16 U.S.C. 1852(j)) shall apply 16 to any decision by the Committee and to all members 17 of the Committee as if each member of the Committee 18 is an affected individual within the meaning of such 19 section 302(j), except that in addition to the disclo- 20 sure requirements of section 302(j)(2)(C) of such Act 21 (16 U.S.C. 1852(j)(2)(C)), each member of the Com- 22 mittee shall disclose any financial interest or rela- 23 tionship in an organization or with an individual 24 that is applying for a grant under subsection (c) held 25 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1218 RH by the member of the Committee, including an inter- 1 est as an officer, director, trustee, partner, employee, 2 contractor, agent, or other representative. 3 ‘‘(12) TECHNICAL REVIEW OF APPLICATIONS.— 4 ‘‘(A) IN GENERAL.—Prior to review of an 5 application for a grant under subsection (c) by 6 the Committee, the Secretary shall obtain an 7 independent written technical evaluation from 3 8 or more appropriate Federal, private, or public 9 sector experts (such as industry, academia, or 10 governmental experts) who— 11 ‘‘(i) have subject matter expertise to de- 12 termine the technical merit of the proposal 13 in the application; 14 ‘‘(ii) shall independently evaluate each 15 such proposal; and 16 ‘‘(iii) shall certify that the expert does 17 not have a conflict of interest concerning the 18 application that the expert is reviewing. 19 ‘‘(B) GUIDANCE.—Not later than 180 days 20 after the date of enactment of the American Fish- 21 eries Advisory Committee Act, the Secretary 22 shall issue guidance related to carrying out the 23 technical evaluations under subparagraph (A). 24 Such guidance shall include criteria for the 25 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1218 RH elimination by the National Oceanic and Atmos- 1 pheric Administration of applications that fail 2 to meet a minimum level of technical merit as 3 determined by the review described in subpara- 4 graph (A).’’. 5 (b) ROLE IN APPROVAL OF GRANTS.—Section 2(c)(3) 6 of the Act of August 11, 1939 (15 U.S.C. 713c–3(c)(3)), is 7 amended to read as follows: 8 ‘‘(3)(A) No application for a grant under this sub- 9 section may be approved unless the Secretary— 10 ‘‘(i) is satisfied that the applicant has the req- 11 uisite technical and financial capability to carry out 12 the project; and 13 ‘‘(ii) based on the recommendations of the Amer- 14 ican Fisheries Advisory Committee established in sub- 15 section (e), evaluates the proposed project as to— 16 ‘‘(I) soundness of design; 17 ‘‘(II) the possibilities of securing productive 18 results; 19 ‘‘(III) minimization of duplication with 20 other fisheries research and development projects; 21 ‘‘(IV) the organization and management of 22 the project; 23 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1218 RH ‘‘(V) methods proposed for monitoring and 1 evaluating the success or failure of the project; 2 and 3 ‘‘(VI) such other criteria as the Secretary 4 may require. 5 ‘‘(B) If the Secretary fails to provide funds to a grant 6 selected by the American Fisheries Advisory Committee, the 7 Secretary shall provide a written document to the Com- 8 mittee justifying the decision.’’. 9 SEC. 3. EXPANSION OF SPECIFIED PURPOSES OF FISHERIES 10 RESEARCH AND DEVELOPMENT PROJECTS 11 GRANTS PROGRAM TO INCLUDE FISHERIES 12 RESEARCH AND DEVELOPMENT PROJECTS. 13 Section 2(c)(1) of the Act of August 11, 1939 (15 14 U.S.C. 713c–3(c)(1)) is amended by inserting ‘‘fisheries 15 science, recreational fishing,’’ before ‘‘harvesting,’’. 16 SEC. 4. PUBLIC AVAILABILITY OF GRANTS PROPOSALS. 17 Section 2(c) of the Act of August 11, 1939 (15 U.S.C. 18 713c–3(c)), is amended by adding at the end the following: 19 ‘‘(6) Any person awarded a grant under this sub- 20 section shall make publicly available a title and abstract 21 of the project to be carried out by the grant funds that serves 22 as the public justification for funding the project that in- 23 cludes a statement describing how the project serves to en- 24 hance United States fisheries, including harvesting, proc- 25 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 1218 RH essing, marketing, and associated infrastructures, if appli- 1 cable.’’. 2 VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS Union Calendar No. 342 116TH CONGRESS 2D SESSION H. R. 1218 [Report No. 116–428] A BILL To establish the American Fisheries Advisory Com- mittee to assist in the awarding of fisheries re- search and development grants, and for other purposes. JUNE 4, 2020 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 20:54 Jun 04, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6651 Sfmt 6651 E:\BILLS\H1218.RH H1218 pamtmann on DSKBC07HB2PROD with BILLS