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116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-428
======================================================================
AMERICAN FISHERIES ADVISORY COMMITTEE ACT
_______
June 4, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1218]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1218) to establish the American Fisheries
Advisory Committee to assist in the awarding of fisheries
research and development grants, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Fisheries Advisory Committee
Act''.
SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.
(a) Establishment.--Section 2 of the Act of August 11, 1939 (15
U.S.C. 713c-3), is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) American Fisheries Advisory Committee.--
``(1) Definitions.--In this subsection:
``(A) Committee.--The term `Committee' means the
American Fisheries Advisory Committee established under
paragraph (2).
``(B) Fishing community.--The term `fishing
community' means harvesters, marketers, growers,
processors, recreational fishermen, charter fishermen,
and persons providing them with goods and services.
``(C) Marketing and promotion.--The term `marketing
and promotion' means an activity aimed at encouraging
the consumption of seafood or expanding or maintaining
commercial markets for seafood.
``(D) Processor.--The term `processor' means any
person in the business of preparing or packaging
seafood (including seafood of the processor's own
harvesting) for sale.
``(E) Seafood.--The term `seafood' means farm-raised
and wild-caught fish, shellfish, or marine algae
harvested in the United States or by a United States
flagged vessel for human consumption.
``(2) Establishment.--Not later than 90 days after the date
of the enactment of the American Fisheries Advisory Committee
Act, the Secretary shall establish 6 regions within the
American Fisheries Advisory Committee as follows:
``(A) Region 1 shall consist of Alaska, Hawaii, the
Commonwealth of the Northern Mariana Islands, and the
Territories of Guam and American Samoa.
``(B) Region 2 shall consist of Maine, New Hampshire,
Massachusetts, Rhode Island, and Connecticut.
``(C) Region 3 shall consist of Texas, Alabama,
Louisiana, Mississippi, Florida, Arkansas, Puerto Rico,
and the Territory of the Virgin Islands of the United
States.
``(D) Region 4 shall consist of California,
Washington, Oregon, and Idaho.
``(E) Region 5 shall consist of New Jersey, New York,
Delaware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia.
``(F) Region 6 shall consist of Michigan, Minnesota,
Wisconsin, Illinois, Indiana, Ohio, and Pennsylvania.
``(3) Membership.--The Committee shall be composed of the
following members:
``(A) Regional representation.--Each of the regions
listed in subparagraphs (A) through (F) of paragraph
(2) shall be represented on the Committee by 3
members--
``(i) who are appointed by the Secretary;
``(ii) who reside in a State or territory in
the region that the member will represent;
``(iii) of which--
``(I) one shall have experience as a
seafood harvester or processor;
``(II) one shall have experience as
recreational or commercial fisher or
have experience growing seafood; and
``(III) one shall be an individual
who represents the fisheries science
community or the relevant Regional
Fishery Management Council; and
``(iv) that are selected so that the members
of the Committee have experience or expertise
with as many seafood species as practicable.
``(B) At-large members.--The Secretary shall appoint
to the Committee at-large members as follows:
``(i) One individual with experience in food
distribution, marketing, retail, or food
service.
``(ii) One individual with experience in the
recreational fishing industry supply chain,
such as fishermen, manufacturers, retailers,
and distributors.
``(iii) One individual with experience in the
commercial fishing industry supply chain, such
as fishermen, manufacturers, retailers, and
distributors.
``(iv) One individual who is an employee of
the National Marine Fisheries Service with
expertise in fisheries research.
``(C) Balanced representation.--In selecting the
members described in subparagraphs (A) and (B), the
Secretary shall seek to maximize on the Committee, to
the extent practicable, a balanced representation of
expertise in United States fisheries, seafood
production, and science.
``(4) Member terms.--The term for a member of the Committee
shall be 3 years, except that the Secretary shall designate
staggered terms for the members initially appointed to the
Committee.
``(5) Responsibilities.--The Committee shall be responsible
for--
``(A) identifying needs of the fishing community that
may be addressed by a project funded with a grant under
subsection (c);
``(B) developing the request for proposals for such
grants;
``(C) reviewing applications for such grants; and
``(D) selecting applications for approval under
subsection (c)(2)(B).
``(6) Chair.--The Committee shall elect a chair by a majority
of those voting, if a quorum is present.
``(7) Quorum.--A simple majority of members of the Committee
shall constitute a quorum, but a lesser number may hold
hearings.
``(8) Meetings.--
``(A) Frequency.--The Committee shall meet not more
than 2 times each year.
``(B) Location.--The meetings of the Committee shall
rotate between the geographic regions described under
paragraph (2).
``(C) Minimizing costs.--The Committee shall seek to
minimize the operational costs associated with
meetings, hearings, or other business of the Committee,
including through the use of video or teleconference.
``(9) Designation of staff member.--The Secretary shall
designate a staff member to coordinate the activities of the
Committee and to assist with administrative and other functions
as requested by the Committee.
``(10) Per diem and expenses and funding.--
``(A) In general.--A member of the Committee shall
serve without compensation, but shall be reimbursed in
accordance with section 5703 of title 5, United States
Code, for reasonable travel costs and expenses incurred
in performing duties as a member of the Committee.
``(B) Funding.--The costs of reimbursements under
subparagraph (A) and the other costs associated with
the Committee shall be paid from funds made available
to carry out this section (which may include funds
described in subsection (f)(1)(B)), except that no
funds allocated for grants under subsection (f)(1)(A)
shall be expended for any purpose under this
subsection.
``(11) Conflict of interest.--The conflict of interest and
recusal provisions set out in section 302(j) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(j)) shall apply to any decision by the Committee and to
all members of the Committee as if each member of the Committee
is an affected individual within the meaning of such section
302(j), except that in addition to the disclosure requirements
of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)),
each member of the Committee shall disclose any financial
interest or relationship in an organization or with an
individual that is applying for a grant under subsection (c)
held by the member of the Committee, including an interest as
an officer, director, trustee, partner, employee, contractor,
agent, or other representative.
``(12) Technical review of applications.--
``(A) In general.--Prior to review of an application
for a grant under subsection (c) by the Committee, the
Secretary shall obtain an independent written technical
evaluation from 3 or more appropriate Federal, private,
or public sector experts (such as industry, academia,
or governmental experts) who--
``(i) have subject matter expertise to
determine the technical merit of the proposal
in the application;
``(ii) shall independently evaluate each such
proposal; and
``(iii) shall certify that the expert does
not have a conflict of interest concerning the
application that the expert is reviewing.
``(B) Guidance.--Not later than 180 days after the
date of enactment of the American Fisheries Advisory
Committee Act, the Secretary shall issue guidance
related to carrying out the technical evaluations under
subparagraph (A). Such guidance shall include criteria
for the elimination by the National Oceanic and
Atmospheric Administration of applications that fail to
meet a minimum level of technical merit as determined
by the review described in subparagraph (A).''.
(b) Role in Approval of Grants.--Section 2(c)(3) of the Act of August
11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as follows:
``(3)(A) No application for a grant under this subsection may be
approved unless the Secretary--
``(i) is satisfied that the applicant has the requisite
technical and financial capability to carry out the project;
and
``(ii) based on the recommendations of the American Fisheries
Advisory Committee established in subsection (e), evaluates the
proposed project as to--
``(I) soundness of design;
``(II) the possibilities of securing productive
results;
``(III) minimization of duplication with other
fisheries research and development projects;
``(IV) the organization and management of the
project;
``(V) methods proposed for monitoring and evaluating
the success or failure of the project; and
``(VI) such other criteria as the Secretary may
require.
``(B) If the Secretary fails to provide funds to a grant selected by
the American Fisheries Advisory Committee, the Secretary shall provide
a written document to the Committee justifying the decision.''.
SEC. 3. EXPANSION OF SPECIFIED PURPOSES OF FISHERIES RESEARCH AND
DEVELOPMENT PROJECTS GRANTS PROGRAM TO INCLUDE
FISHERIES RESEARCH AND DEVELOPMENT PROJECTS.
Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 713c-
3(c)(1)) is amended by inserting ``fisheries science, recreational
fishing,'' before ``harvesting,''.
SEC. 4. PUBLIC AVAILABILITY OF GRANTS PROPOSALS.
Section 2(c) of the Act of August 11, 1939 (15 U.S.C. 713c-3(c)), is
amended by adding at the end the following:
``(6) Any person awarded a grant under this subsection shall make
publicly available a title and abstract of the project to be carried
out by the grant funds that serves as the public justification for
funding the project that includes a statement describing how the
project serves to enhance United States fisheries, including
harvesting, processing, marketing, and associated infrastructures, if
applicable.''.
Purpose of the Bill
The purpose of H.R. 1218 is to establish the American
Fisheries Advisory Committee to assist in the awarding of
fisheries research and development grants, and for other
purposes.
Background and Need for Legislation
The Saltonstall-Kennedy Grant Program (S-K Grant Program),
established by the 1939 Saltonstall-Kennedy Act\1\ (S-K Act),
provides a mechanism to fund research and development projects
involving seafood harvesting, processing, marketing, associated
infrastructure, and more,\2\ funded through tariffs paid to the
Department of Agriculture on imported seafood products and
other fisheries products.\3\ This fund was originally overseen
by an advisory committee, which was eliminated under the 1972
Federal Advisory Committee Act.\4\ The National Marine
Fisheries Service (NMFS) has since managed the grant program to
``address the needs of fishing communities, optimize economic
benefits by building and maintaining sustainable fisheries, and
increase other opportunities to keep working waterfronts
viable.''\5\
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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\See Pub. L. No. 92-463, Sec. 14, 86 Stat. 770, 776 (1972).
\5\Saltonstall-Kennedy Grant Program, NOAA Fisheries, https://
www.fisheries.noaa.gov/grant/saltonstall-kennedy-grant-program (last
visited Oct. 9, 2019).
---------------------------------------------------------------------------
Lawmakers and stakeholders have raised concerns over the
years that NMFS does not administer the program fairly and in
accordance with statute. For example, NMFS has arguably
underfunded seafood marketing projects in favor of internal
priorities.\6\ Indeed, much of the statutorily dedicated tariff
revenue has been diverted from the grant program to fund NOAA
operations over the years,\7\ although in some cases at
Congress's direction.\8\ For Fiscal Year 2019, NMFS recommended
awarding five projects using S-K funds for almost $1.3 million:
three projects for marine aquaculture; one for promotion,
development, and marketing; and one in support of science that
maximizes fishing opportunities, revenue, and jobs in U.S.
fisheries.\9\
---------------------------------------------------------------------------
\6\See, e.g., S. Rep. No. 116-77, at 2 (2019); S. Rep. No. 115-193,
at 2 (2017); S. Rep. No. 114-379, at 2 (2016).
\7\Richard Gaines, Feds Ignore Law on Fishing Fund, Gloucester
Times, Mar. 28, 2011, https://www.gloucestertimes.com/news/local_news/
feds-ignore-law-on-fishing-fund/article_062b6ce8-2551-5536-ad29-
af879a2f73bf.html.
\8\Eugene H. Buck, Cong. Research Serv., RS21799, Saltonstall-
Kennedy Act 3-5, 6, 7, 3 n.12 (2012).
\9\FY19 Successful Saltonstall-Kennedy Grant Applicants, NOAA
Fisheries, https://www.fisheries.noaa.gov/content/fy19-successful-
saltonstall-kennedy-grant-applicants (last updated Sept. 18, 2019).
---------------------------------------------------------------------------
The purpose of this bill is to create an advisory committee
comprised of representatives from the seafood industry to
develop grant proposal requests and to review and select grant
applications.
Committee Action
H.R. 1218 was introduced on February 13, 2019, by
Representative Don Young (R-AK). The bill was referred solely
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on Water, Oceans, and Wildlife. On May 8,
2019, the Subcommittee held a hearing on the bill. On September
18, 2019, the Natural Resources Committee met to consider the
bill. The Subcommittee was discharged by unanimous consent.
Chair Raul Grijalva (D-AZ) filed an amendment in the nature of
a substitute. By unanimous consent, the sponsor of the
amendment in the nature of a substitute was changed from Chair
Grijalva to Representative Joe Cunningham (D-SC) and
Representative Garret Graves (R-LA). The amendment in the
nature of a substitute was agreed to by unanimous consent. The
bill, as amended, was adopted and ordered favorably reported to
the House of Representatives by unanimous consent.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 1218: legislative hearing by the Subcommittee on
Water, Oceans, and Wildlife held on May 8, 2019.
Section-by-Section Analysis
Section 1. Short title
This section provides the short title of the bill, the
``American Fisheries Advisory Committee Act.''
Section 2. American Fisheries Advisory Committee
This section establishes the American Fisheries Advisory
Committee, which manages the administration of grant proposal
requests and provides recommendations to the Secretary of
Commerce for fisheries research and development grants that
fund projects meeting the needs of the fishing community. This
committee consists of representatives from six geographic
regions who are from the seafood harvesting and processing
industries; the fishing or seafood-growing communities; and the
fisheries science community or the relevant Regional Fishery
Management Council. In addition, the committee consists of at-
large members with experience in seafood distribution,
marketing, retail, or food service; the recreational fishing
industry supply chain; the commercial fishing industry supply
chain; and an employee of NMFS.
Section 3. Expansion of specified purposes of fisheries research and
development projects grants program to include fisheries
research and development projects
This section includes fisheries science and recreational
fishing projects among the research and development project
grants eligible for funding by the Secretary of Commerce.
Section 4. Public availability of grants proposals
This section requires grantees to make publicly available a
title and abstract of each project as public justification for
funding, including a description of how the project enhances
U.S. fisheries.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1218 would establish the American Fisheries Advisory
Committee within the Department of Commerce (DOC). The
committee would consist of representatives from each of six
geographic regions and at-large members with experience in the
seafood and fisheries industries, as selected by DOC. Under the
bill, the committee would be responsible for identifying the
needs of fishing communities, developing requests for proposals
for research and development grants to meet those needs,
reviewing grant applications, and selecting applicants to
receive funding.
The National Oceanic and Atmospheric Administration
currently administers the fishery research and development
grant program described above. That program's funding is
derived from DOC's permanent statutory authority to spend 30
percent of customs receipts collected from imported fishery
products. In 2018 the agency spent $16 million for those
purposes. H.R. 1218 would shift the authority to administer
that grant program to the newly established committee. The bill
also would expand eligibility for grant applicants to include
projects related to fisheries science and recreational fishing.
H.R. 1218 would not change the total amount of authorized
spending of custom receipts (although the composition of that
spending might change). Thus, CBO estimates that enacting H.R.
1218 would not affect the federal budget.
On April 18, 2019, CBO transmitted a cost estimate for S.
494, the American Fisheries Advisory Committee Act, as ordered
reported by the Senate Committee on Commerce, Science, and
Transportation on April 3, 2019. H.R. 1218 is similar to S. 494
and CBO's estimates of the budgetary effects are the same for
both pieces of legislation.
The CBO staff contact for this estimate is David Hughes.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to establish the American Fisheries
Advisory Committee to assist in the awarding of fisheries
research and development grants.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
This bill contains no unfunded mandates.
Federal Advisory Committee Act Statement
The functions of the American Fisheries Advisory Committee
required to be established by this bill are currently being
performed, in part, by the Secretary of Commerce acting through
the National Marine Fisheries Service and previously by an
advisory committee eliminated by the Federal Advisory Committee
Act. In reporting the bill favorably to the House of
Representatives, the Committee on Natural Resources finds that
these functions would be better performed by the proposed
advisory committee than by one or more agencies or another
existing advisory committee.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. Such program was not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139. The Fisheries Development and
Utilization Research and Development Grants and Cooperative
Agreements Program (CFDA No. 11.427) expanded by this bill is
related and complementary to, but not duplicative of, the
following programs identified in the most recent Catalog of
Federal Domestic Assistance published pursuant to 31 U.S.C.
Sec. 6104: Interjurisdictional Fisheries Act of 1986 (CFDA No.
11.407) and Sea Grant Support (CFDA No. 11.417).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
ACT OF AUGUST 11, 1939
AN ACT To authorize the Federal Surplus Commodities Corporation to
purchase and distribute surplus products of the fishing industry.
* * * * * * *
Sec. 2. (a) Definitions.--As used in this section--
(1) The term ``person'' means--
(A) any individual who is a citizen or
national of the United States or a citizen of
the Northern Mariana Islands;
(B) any fishery development foundation or
other private nonprofit corporation in Alaska;
and
(C) any corporation, partnership,
association, or other entity (including, but
not limited to, any fishery development
foundation or other private nonprofit
corporation not located in Alaska), nonprofit
or otherwise, if such entity is a citizen of
the United States within the meaning of section
2 of the Shipping Act, 1916 (46 U.S.C. 802) and
for purposes of applying such section 2 with
respect to this section--
(i) the term ``State'' as used
therein includes any State referred to
in paragraph (3),
(ii) citizens of the United States
must own not less than 75 percent of
the interest in the entity or, in the
case of a nonprofit entity, exercise
control in the entity that is
determined by the Secretary to be the
equivalent of such ownership, and
(iii) nationals of the United States
and citizens of the Northern Mariana
Islands shall be treated as citizens of
the United States in meeting the
ownership and control requirements
referred to in clause (ii).
(2) The term ``Secretary'' means the Secretary of
Commerce.
(3) The term ``State'' means any State, the District
of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands of the United States, Guam,
the Northern Mariana Islands, and any other
Commonwealth, territory, or possession of the United
States.
(4) The term ``United States fishery'' means any
fishery, including any tuna fishery, that is, or may
be, engaged in by citizens or nationals of the United
States or citizens of the Northern Mariana Islands.
(5) The term ``citizen of the Northern Mariana
Islands'' means--
(A) an individual who qualifies as such under
section 8 of the Schedule on Transitional
Matters attached to the Constitution of the
Northern Mariana Islands; or
(B) a corporation, partnership, association,
or other entity organized or existing under the
laws of the Northern Mariana Islands, not less
than 75 percent of the interest in which is
owned by individuals referred to in
subparagraph (A) or citizens or nationals of
the United States, in cases in which ``owned''
is used in the same sense as in section 2 of
the Shipping Act, 1916 (46 U.S.C. 802).
(b) Fund.--(1) The Secretary of Agriculture shall transfer to
the Secretary each fiscal year, beginning with the fiscal year
commencing July 1, 1954, and ending on June 30, 1957, from
moneys made available to carry out the provisions of section 32
of such Act of August 24, 1935, an amount equal to 30 per
centum of the gross receipts from duties collected under the
customs laws on fishery products (including fish, shellfish,
mollusks, crustacea, aquatic plants and animals, and any
products thereof, including processed and manufactured
products), which shall be maintained in a separate fund only
for--
(A) use by the Secretary--
(i) to provide financial assistance for the
purpose of carrying out fisheries research and
development projects approved under subsection
(c),
(ii) to implement the national fisheries
research and development program provided for
under subsection (d);
(iii) to implement the Northwest Atlantic
Ocean Fisheries Reinvestment Program
established under section 314 of the Magnuson
Fishery Conservation and Management Act; and
(iv) to fund the Federal share of a fishing
capacity reduction program established under
section 312 of the Magnuson Fishery
Conservation and Management Act; and
(B) the provision of moneys, subject to paragraph
(2), to carry out the purposes of the Fisheries
Promotion Fund established under section 208(a) of the
Fish and Seafood Promotion Act of 1986.
(2) There are transferred from the fund established under
paragraph (1) to the Fisheries Promotion Fund referred to in
paragraph (1)(B) $750,000 in fiscal year 1987, $3,000,000 in
each of fiscal years 1988 and 1989, and $2,000,000 in each of
fiscal years 1990 and 1991.
(c) Fisheries Research and Development Projects.--(1) The
Secretary shall make grants from the fund established under
subsection (b) to assist persons in carrying out research and
development projects addressed to any aspect of United States
fisheries, including, but not limited to, fisheries science,
recreational fishing, harvesting, processing, marketing, and
associated infrastructures.
(2) The Secretary shall--
(A) at least once each fiscal year, receive, during a
60-day period specified by him, applications for grants
under this subsection;
(B) prescribe the form and manner in which
applications for grants under this subsection must be
made, including, but not limited to, the specification
of the information which must accompany applications to
ensure that the proposed projects comply with Federal
law and can be evaluated in accordance with paragraph
(3)(B); and
(C) approve or disapprove each such application
before the close of the 120th day after the last day of
the 60-day period (specified under subparagraph (A)) in
which the application was received.
[(3) No application for a grant under this subsection may be
approved unless the Secretary--
[(A) is satisfied that the applicant has the
requisite technical and financial capability to carry
out the project; and
[(B) evaluates the proposed project as to--
[(i) soundness of design,
[(ii) the possibilities of securing
productive results,
[(iii) minimization of duplication with other
fisheries research and development projects,
[(iv) the organization and management of the
project,
[(v) methods proposed for monitoring and
evaluating the success or failure of the
project, and
[(vi) such other criteria as the Secretary
may require.]
(3)(A) No application for a grant under this subsection may
be approved unless the Secretary--
(i) is satisfied that the applicant has the requisite
technical and financial capability to carry out the
project; and
(ii) based on the recommendations of the American
Fisheries Advisory Committee established in subsection
(e), evaluates the proposed project as to--
(I) soundness of design;
(II) the possibilities of securing productive
results;
(III) minimization of duplication with other
fisheries research and development projects;
(IV) the organization and management of the
project;
(V) methods proposed for monitoring and
evaluating the success or failure of the
project; and
(VI) such other criteria as the Secretary may
require.
(B) If the Secretary fails to provide funds to a grant
selected by the American Fisheries Advisory Committee, the
Secretary shall provide a written document to the Committee
justifying the decision.
(4) Each grant made under this subsection shall be subject to
such terms and conditions as the Secretary may require to
protect the interests of the United States, including, but not
limited to, the following:
(A) The recipient of the grant must keep such records
as the Secretary shall require as being necessary or
appropriate for disclosing the use made of grant funds
and shall allow the Secretary and the Comptroller
General of the United States, or any of their
authorized representatives, access to such records for
purposes of audit and examination.
(B) The amount of a grant may not be less than 50
percent of the estimated cost of the project.
(C) The recipient of the grant must submit to the
Secretary periodic project status reports.
(5)(A) If the cost of a project will be shared by the grant
recipient, the Secretary shall accept, as a part of all of that
share, the value of in-kind contributions made by the
recipient, or made available to, and applied by, the recipient,
with respect to the project.
(B) For purposes of subparagraph (A), in-kind contributions
may be in the form of, but are not limited to, personal
services rendered in carrying out functions related to, and
permission to use real or personal property owned by others
(for which consideration is not required) in carrying out the
project. The Secretary shall establish (i) the training,
experience, and other qualifications which shall be required in
order for services to be considered as in-kind contributions;
and (ii) the standards under which the Secretary will determine
the value of in-kind contributions for purposes of subparagraph
(A).
(C) Any valuation determination made by the Secretary for
purposes of this paragraph shall be conclusive.
(6) Any person awarded a grant under this subsection shall
make publicly available a title and abstract of the project to
be carried out by the grant funds that serves as the public
justification for funding the project that includes a statement
describing how the project serves to enhance United States
fisheries, including harvesting, processing, marketing, and
associated infrastructures, if applicable.
(d) National Fisheries Research and Development Program.--(1)
The Secretary shall carry out a national program of research
and development addressed to such aspects of United States
fisheries (including, but not limited to, harvesting,
processing, marketing, and associated infrastructures), if not
adequately covered by projects assisted under subsection (c),
as the Secretary deems appropriate.
(2) The Secretary shall, after consultation with appropriate
representatives of the fishing industry, submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Merchant Marine and Fisheries of
the House of Representatives, an annual report, that must be
submitted not later than 60 days before the close of each
fiscal year, containing--
(A) the fisheries development goals and funding
priorities under paragraph (1) for the next fiscal
year;
(B) a description of all pending projects assisted
under subsection (c) or carried out under paragraph
(1), in addition to--
(i) a list of those applications approved and
those disapproved under subsection (c), and the
total amount of grants made, for the current
fiscal year, and
(ii) a statement of the extent to which
available funds were not obligated or expended
by the Secretary for grants under subsection
(c) during the current fiscal year; and
(C) an assessment of each project assisted under
subsection (c) or carried out under paragraph (1) that
was completed in the preceding fiscal year regarding
the extent to which (i) the objectives of the project
were attained, and (ii) the project contributed to
fishery development.
(e) American Fisheries Advisory Committee.--
(1) Definitions.--In this subsection:
(A) Committee.--The term ``Committee'' means
the American Fisheries Advisory Committee
established under paragraph (2).
(B) Fishing community.--The term ``fishing
community'' means harvesters, marketers,
growers, processors, recreational fishermen,
charter fishermen, and persons providing them
with goods and services.
(C) Marketing and promotion.--The term
``marketing and promotion'' means an activity
aimed at encouraging the consumption of seafood
or expanding or maintaining commercial markets
for seafood.
(D) Processor.--The term ``processor'' means
any person in the business of preparing or
packaging seafood (including seafood of the
processor's own harvesting) for sale.
(E) Seafood.--The term ``seafood'' means
farm-raised and wild-caught fish, shellfish, or
marine algae harvested in the United States or
by a United States flagged vessel for human
consumption.
(2) Establishment.--Not later than 90 days after the
date of the enactment of the American Fisheries
Advisory Committee Act, the Secretary shall establish 6
regions within the American Fisheries Advisory
Committee as follows:
(A) Region 1 shall consist of Alaska, Hawaii,
the Commonwealth of the Northern Mariana
Islands, and the Territories of Guam and
American Samoa.
(B) Region 2 shall consist of Maine, New
Hampshire, Massachusetts, Rhode Island, and
Connecticut.
(C) Region 3 shall consist of Texas, Alabama,
Louisiana, Mississippi, Florida, Arkansas,
Puerto Rico, and the Territory of the Virgin
Islands of the United States.
(D) Region 4 shall consist of California,
Washington, Oregon, and Idaho.
(E) Region 5 shall consist of New Jersey, New
York, Delaware, Maryland, Virginia, North
Carolina, South Carolina, and Georgia.
(F) Region 6 shall consist of Michigan,
Minnesota, Wisconsin, Illinois, Indiana, Ohio,
and Pennsylvania.
(3) Membership.--The Committee shall be composed of
the following members:
(A) Regional representation.--Each of the
regions listed in subparagraphs (A) through (F)
of paragraph (2) shall be represented on the
Committee by 3 members--
(i) who are appointed by the
Secretary;
(ii) who reside in a State or
territory in the region that the member
will represent;
(iii) of which--
(I) one shall have experience
as a seafood harvester or
processor;
(II) one shall have
experience as recreational or
commercial fisher or have
experience growing seafood; and
(III) one shall be an
individual who represents the
fisheries science community or
the relevant Regional Fishery
Management Council; and
(iv) that are selected so that the
members of the Committee have
experience or expertise with as many
seafood species as practicable.
(B) At-large members.--The Secretary shall
appoint to the Committee at-large members as
follows:
(i) One individual with experience in
food distribution, marketing, retail,
or food service.
(ii) One individual with experience
in the recreational fishing industry
supply chain, such as fishermen,
manufacturers, retailers, and
distributors.
(iii) One individual with experience
in the commercial fishing industry
supply chain, such as fishermen,
manufacturers, retailers, and
distributors.
(iv) One individual who is an
employee of the National Marine
Fisheries Service with expertise in
fisheries research.
(C) Balanced representation.--In selecting
the members described in subparagraphs (A) and
(B), the Secretary shall seek to maximize on
the Committee, to the extent practicable, a
balanced representation of expertise in United
States fisheries, seafood production, and
science.
(4) Member terms.--The term for a member of the
Committee shall be 3 years, except that the Secretary
shall designate staggered terms for the members
initially appointed to the Committee.
(5) Responsibilities.--The Committee shall be
responsible for--
(A) identifying needs of the fishing
community that may be addressed by a project
funded with a grant under subsection (c);
(B) developing the request for proposals for
such grants;
(C) reviewing applications for such grants;
and
(D) selecting applications for approval under
subsection (c)(2)(B).
(6) Chair.--The Committee shall elect a chair by a
majority of those voting, if a quorum is present.
(7) Quorum.--A simple majority of members of the
Committee shall constitute a quorum, but a lesser
number may hold hearings.
(8) Meetings.--
(A) Frequency.--The Committee shall meet not
more than 2 times each year.
(B) Location.--The meetings of the Committee
shall rotate between the geographic regions
described under paragraph (2).
(C) Minimizing costs.--The Committee shall
seek to minimize the operational costs
associated with meetings, hearings, or other
business of the Committee, including through
the use of video or teleconference.
(9) Designation of staff member.--The Secretary shall
designate a staff member to coordinate the activities
of the Committee and to assist with administrative and
other functions as requested by the Committee.
(10) Per diem and expenses and funding.--
(A) In general.--A member of the Committee
shall serve without compensation, but shall be
reimbursed in accordance with section 5703 of
title 5, United States Code, for reasonable
travel costs and expenses incurred in
performing duties as a member of the Committee.
(B) Funding.--The costs of reimbursements
under subparagraph (A) and the other costs
associated with the Committee shall be paid
from funds made available to carry out this
section (which may include funds described in
subsection (f)(1)(B)), except that no funds
allocated for grants under subsection (f)(1)(A)
shall be expended for any purpose under this
subsection.
(11) Conflict of interest.--The conflict of interest
and recusal provisions set out in section 302(j) of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1852(j)) shall apply to any decision by
the Committee and to all members of the Committee as if
each member of the Committee is an affected individual
within the meaning of such section 302(j), except that
in addition to the disclosure requirements of section
302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)),
each member of the Committee shall disclose any
financial interest or relationship in an organization
or with an individual that is applying for a grant
under subsection (c) held by the member of the
Committee, including an interest as an officer,
director, trustee, partner, employee, contractor,
agent, or other representative.
(12) Technical review of applications.--
(A) In general.--Prior to review of an
application for a grant under subsection (c) by
the Committee, the Secretary shall obtain an
independent written technical evaluation from 3
or more appropriate Federal, private, or public
sector experts (such as industry, academia, or
governmental experts) who--
(i) have subject matter expertise to
determine the technical merit of the
proposal in the application;
(ii) shall independently evaluate
each such proposal; and
(iii) shall certify that the expert
does not have a conflict of interest
concerning the application that the
expert is reviewing.
(B) Guidance.--Not later than 180 days after
the date of enactment of the American Fisheries
Advisory Committee Act, the Secretary shall
issue guidance related to carrying out the
technical evaluations under subparagraph (A).
Such guidance shall include criteria for the
elimination by the National Oceanic and
Atmospheric Administration of applications that
fail to meet a minimum level of technical merit
as determined by the review described in
subparagraph (A).
[(e)] (f) Allocation of Fund Moneys.--(1) Notwithstanding any
other provisions of law, all moneys in the fund shall be used
exclusively for the purpose of promoting United States
fisheries in accordance with the provisions of this section,
and no such moneys shall be transferred from the fund for any
other purpose. With repect to any fiscal year, all moneys in
the fund, including the sum of all unexpended moneys carried
over into that fiscal year and all moneys transferred to the
fund under subsection (b) or any other provison of law with
respect to that fiscal year, shall be allocated as follows:
(A) the Secretary shall use no less than 60 per
centum of such moneys to make direct industry
assistance grants to develop the United States
fisheries and to expand domestic and foreign markets
for United States fishery products pursuant to
subsection (c) of this section; and
(B) the Secretary shall use the balance of the moneys
in the fund to finance those activities of the National
Marine Fisheries Service which are directly related to
development of the United States fisheries pursuant to
subsection (d) of this section.
(2) The Secretary shall, consistent with the number of
meritorious applications received with respect to any fiscal
year, obligate or expend all of the moneys in the fund
described in paragraph (1). Any such moneys which are not
expended in a given fiscal year shall remain available for
expenditure in accordance with this section without fiscal year
limitation, except that the Secretary shall not obligate such
moneys at a rate less than that necessary to prevent the
balance of moneys in the fund from exceeding $3,000,000 at the
end of any fiscal year.
* * * * * * *
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]
