[117th Congress Public Law 121]
[From the U.S. Government Publishing Office]
[[Page 1187]]
AMERICAN FISHERIES ADVISORY COMMITTEE ACT
[[Page 131 STAT. 1188]]
Public Law 117-121
117th Congress
An Act
To establish the American Fisheries Advisory Committee to assist in the
awarding of fisheries research and development grants, and for other
purposes. <<NOTE: May 12, 2022 - [S. 497]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: American
Fisheries Advisory Committee Act.>>
SECTION 1. <<NOTE: 15 USC 701 note.>> 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) <<NOTE: Deadline. Regions.>> 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.
[[Page 131 STAT. 1189]]
``(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) <<NOTE: Appointments.>> 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) <<NOTE: Appointments.>> 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);
[[Page 131 STAT. 1190]]
``(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) <<NOTE: Reimbursements.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Evaluation.>> 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,
[[Page 131 STAT. 1191]]
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) <<NOTE: Certification.>> shall
certify that the expert does not have a conflict
of interest concerning the application that the
expert is reviewing.
``(B) Guidance. <<NOTE: Deadlines.>> --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). <<NOTE: Criteria.>> 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) <<NOTE: Recommenda- tions. Evaluation.>> 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) <<NOTE: Document.>> 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) <<NOTE: Statement.>> 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
[[Page 131 STAT. 1192]]
fisheries, including harvesting, processing, marketing, and
associated infrastructures, if applicable.''.
Approved May 12, 2022.
LEGISLATIVE HISTORY--S. 497:
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SENATE REPORTS: No. 117-68 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 168 (2022):
Mar. 10, considered and passed Senate.
Apr. 26, considered and passed House.
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