U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 115TH CONGRESS

1st Session 

REPORT

2017

115–193 

Calendar No. 283 

AMERICAN FISHERIES ADVISORY 

COMMITTEE ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1322 

DECEMBER 11, 2017.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FIFTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

TED CRUZ, Texas AMY KLOBUCHAR, Minnesota 

DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut 

JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii 

DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts 

DEAN HELLER, Nevada CORY A. BOOKER, New Jersey 

JAMES M. INHOFE, Oklahoma TOM UDALL, New Mexico 

MIKE LEE, Utah GARY C. PETERS, Michigan 

RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin 

SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois 

CORY GARDNER, Colorado MARGARET WOOD HASSAN, New Hampshire 

TODD C. YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 


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1 16 U.S.C. §1801 et seq. 

Calendar No. 283 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–193 

AMERICAN FISHERIES ADVISORY COMMITTEE ACT 

DECEMBER 11, 2017.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1322] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1322) 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 

(in the nature of a substitute) and recommends that the bill (as 

amended) do pass. 

PURPOSE OF THE BILL

The purpose of the American Fisheries Advisory Committee (Advisory Committee) Act is to create a 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. The Act 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 recovery of most stocks of Federal managed fish; 

as of 2016, less than 10 percent of stocks were subject to overVerDate Sep 11 2014 03:45 Dec 12, 2017 Jkt 079010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR193.XXX SR193

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2 National Oceanic and Atmospheric Administration, ‘‘Status of Stocks 2016: Annual Report 

to Congress on the Status of U.S. Fisheries,’’ at http://www.nmfs.noaa.gov/sfa/fisheriesleco/statusloflfisheries/archive/2016/status-of-stocks-2016-web.pdf. 3 Ibid. 

4 15 U.S.C. §713e-3 

5 Ibid. 

6P.L. 83–466; 68 Stat. 376. 

fishing and 16 percent of stocks were overfished.2 Additionally, in 

2016, two stocks were declared rebuilt and added to the list of rebuilding success stories.3 One of the reasons stocks have recovered 

in recent years is that the 2006 amendments to the MSA required 

hard annual catch limits on stocks. Thus, in recent years, in order 

to increase profits, fishermen have had to primarily focus on increasing the value of their catch rather than catching more fish. 

The Saltonstall-Kennedy Fund (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 Fund’s activity,6 but that advisory committee was disbanded due to the enactment of the Federal Advisory Committee Act (5 U.S.C. App.). Since 

the disbanding of that advisory committee, the funds have been 

distributed by the National Oceanic and Atmospheric Association 

(NOAA) either as grants or to fund internal projects. 

Concerns have been raised, however, that NOAA does not distribute grants in accordance with the Fund’s governing statute. For 

example, out of the 50 grants given out by NOAA in 2016, only 3 

have been to improve the marketing of fish. 

SUMMARY OF PROVISIONS

The Act would establish the Advisory Committee to evaluate 

grants and make recommendations on which projects should be 

funded by the Fund. 

LEGISLATIVE HISTORY

On June 8, 2017, S. 1322 was introduced by Senator Sullivan (for 

himself and Senators Cantwell and Murkowski). It is also cosponsored by Senator Warren. On August 2, 2017, the Committee met 

in open Executive Session and, by a voice vote, ordered S. 1322 to 

be reported favorably with an amendment (in the nature of a substitute). A substitute amendment was proposed by Senator Schatz. 

S. 1322 is nearly identical to S. 3087 that was reported out of Committee 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 at Executive Session and incorporated in the bill as reported. This Congress, S. 1322 reflects the changes that were 

agreed to last Congress, namely the following: requiring grant recipients to publicly post the title and abstract of the project; reorganizing of geographic areas; requiring that one member of the Board 

represent the fisheries science community; providing criteria by 

which the Secretary would evaluate grant applications; and requiring the Secretary to submit to the Advisory Committee a justificaVerDate Sep 11 2014 03:45 Dec 12, 2017 Jkt 079010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR193.XXX SR193

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tion 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: 

S. 1322—American Fisheries Advisory Committee Act 

S. 1322 would establish the American Fisheries Advisory Committee within the Department of Commerce (DOC). The committee 

would comprise three representatives from each of six geographic 

regions and seven 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 needs of the fishing 

industry, developing requests for grants to meet those needs, and 

reviewing and selecting applications for an existing grant program 

for approval by DOC. Under current law, the National Marine 

Fisheries Service (NMFS) within DOC is responsible for those activities. In 2016, the program awarded 50 grants totaling $11 million. That amount is derived from permanent authority to spend 

certain customs duties that are imposed on imported fishery products. S. 1322 also would expand the scope of projects eligible for a 

grant under the program. 

Based on an analysis of information from DOC, CBO estimates 

that the committee’s operations would cost $2 million a year over 

the 2018–2022 period to operate the grant program. However, because any increases in amounts spent on administering the grant 

program would result in a corresponding reduction in amounts 

awarded for the grants, CBO estimates that implementing S. 1322 

would have no significant net effect on the federal budget. Pay-asyou-go procedures apply because enacting the bill would affect direct spending. Enacting S. 1322 would not affect revenues. 

CBO estimates that enacting S. 1322 would not significantly increase net direct spending or on-budget deficits in any of the four 

consecutive 10-year periods beginning in 2028. 

S. 1322 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Stephen Rabent. The 

estimate was approved by Theresa Gullo, Assistant Director for 

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

The Act, as reported, would cover anyone applying for a Fund 

grant; last year NOAA recommended over 40 projects totaling $10 

million. 


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ECONOMIC IMPACT

Enactment of this legislation is not expected to have any significant adverse impacts on the Nation’s economy. 

PRIVACY

This bill would not have any adverse impact on the privacy of individuals. 

PAPERWORK

The Secretary would provide a written document to the Advisory 

Committee justifying the decision in failing to provide 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 10 members from 

various States and 9 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 applications for approval for grants. The Advisory 

Committee would meet not more than biannually. 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): 


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AUGUST 11, 1939 

[53 Stat. 1412] 

SEC. 2. PROMOTION OF THE FREE FLOW OF DOMESTICALLY PRODUCED FISHERY PRODUCTS. 

[15 U.S.C. 713c–3] 

(a) * * * 

(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. 

ø(3) No application for a grant under this subsection may be 

approved unless the Secretary— 

ø(A) is satisfied that the applicant has the requisite 

technical and financial capability to carry out the project; 

and 

ø(B) evaluates the proposed project as to— 

ø(i) soundness of design, 

ø(ii) the possibilities of securing productive results, 

ø(iii) minimization of duplication with other fisheries research and development projects, 

ø(iv) the organization and management of the 

project, 

ø(v) methods proposed for monitoring and evaluating the success or failure of the project, and 

ø(vi) such other criteria as the Secretary may require.¿ 

(3)(A) No application for a grant under this subsection may be approved unless— 

(i) the Secretary is satisfied that the applicant has the 

requisite technical and financial capability to carry out the 

project; 

(ii) the Secretary evaluates the proposed project as to— 

(I) the selections of the Committee established in subsection (f); 

(II) soundness of design; 

(III) the possibilities of securing productive results; 


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(IV) minimization of duplication with other fisheries 

research and development projects; 

(V) the organization and management of the project; 

(VI) methods proposed for monitoring and evaluating 

the success or failure of the project; and 

(VII) such other criteria as the Secretary may require; and 

(iii) the application selected for funding meets the proposal developed by the American Fisheries Advisory Committee under subsection (f). 

(B) JUSTIFICATION.—If the Secretary fails to provide funds to 

a grant selected by the Committee, the Secretary shall provide 

a written document to the Committee justifying the decision. 

(4) Each grant made under the 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 or 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 inkind 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) * * * 

(f) AMERICAN FISHERIES ADVISORY COMMITTEE.— 


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(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 territory 

of the Virgin Islands. 

(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; 

(II) one shall have experience as a processor; and 

(III) one shall have experience as a recreational 

fisher; and 

(iv) that are selected so that the members of the Committee have experience or expertise with as many seafood species as practicable. 


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(B) AT-LARGE MEMBERS.—The Secretary shall appoint to 

the Committee at-large members to ensure that the Committee fairly reflects the expertise and interest of the fishing 

community located in each region, as follows: 

(i) One individual with experience in mass market 

food distribution. 

(ii) One individual with experience in mass market 

food retail or food service. 

(iii) One individual with experience in the marketing 

of seafood. 

(iv) One individual with experience in growing seafood. 

(v) One individual with experience as a recreational 

fisher. 

(vi) One individual who is an employee of the National Marine Fisheries Service with expertise in fisheries research. 

(vii) One individual that represents the fisheries 

science community. 

(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). 

(9) STAFF.—The Committee may employ staff as necessary. 

(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 reimbursements made under subparagraph (A) shall be paid with the funds made available 

for grants under subsection (c). 

(11) CONFLICT OF INTEREST.—The conflict of interest and 

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vens 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. 

Æ 


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