American Fisheries Advisory Committee Act of 2021
This bill directs the National Oceanic and Atmospheric Administration (NOAA) to establish the American Fisheries Advisory Committee to advise on an existing grant program to address the needs of fishing communities, optimize economic benefits by building and maintaining sustainable fisheries, and increase opportunities to keep working waterfronts viable.
NOAA must establish six regions within the committee. The committee must consist of members chosen regionally and across sectors of the fishing industry. Additionally, the committee must (1) identify the needs of the fishing community, (2) develop request for proposals for the grant program, (3) review grant applications, and (4) provide NOAA with grant applications for approval.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3128 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2021
Mr. Young (for himself and Mrs. Radewagen) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the American Fisheries Advisory Committee to assist in the
awarding of fisheries research and development grants, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Fisheries Advisory
Committee Act of 2021''.
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 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).''.
(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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
Subcommittee Hearings Held.
Subcommittee on Water, Oceans, and Wildlife Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Unanimous Consent.
Reported by the Committee on Natural Resources. H. Rept. 117-635.
Reported by the Committee on Natural Resources. H. Rept. 117-635.
Placed on the Union Calendar, Calendar No. 458.
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