(ix) One individual representing the 
aquaculture production of seafood. 
(x) Two individuals representing the 
general public who are familiar with the 
seafood industry as a whole. 
(D) TERMS.— 
(i) IN GENERAL.—Each member shall 
be appointed for a term of 3 years. 
(ii) TERM
LIMIT.—No member may 
serve more than 3 consecutive terms. 
(iii) VACANCIES.—A vacancy on the 
Board shall not affect the ability of the 
Board to function. The Council shall ap-
point a new member in the manner in 
which the original appointment was made 
not later than 30 days after a vacancy oc-
curs to fill the unexpired term of the va-
cated member. 
(E) REMOVAL.—The Board may remove a 
member from office for failure to attend 3 con-
secutive Board meetings without reasonable ex-
cuse. 
(F) COMPENSATION.—Members shall serve 
without compensation, but shall be reimbursed 
in accordance with section 5703 of title 5, 
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United States Code, for reasonable travel costs 
and expenses incurred in performing their du-
ties as a member. 
(3) ADMINISTRATION.— 
(A) CHAIR.—The Board shall be chaired 
by a member selected by a majority of members 
voting. 
(B) QUORUM.—A simple majority of mem-
bers shall constitute a quorum, but a lesser 
number may hold hearings. 
(C) EXECUTIVE DIRECTOR.— 
(i) IN
GENERAL.—The Board shall 
employ an executive director. 
(ii) SALARY LIMIT.—The salary of an 
executive director employed under clause 
(i) may not exceed the highest rate of basic 
pay established for the Senior Executive 
Service under section 5382 of title 5, 
United States Code. 
(iii) QUALIFICATIONS.—In order to be 
qualified to be employed as an executive di-
rector under clause (i), an individual must 
have demonstrated experience in the mar-
keting and promotion of food products. 
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(D) STAFF.—An executive director em-
ployed by the Board under subparagraph (C), 
with the approval of the Board, may select and 
employ such additional staff as the executive di-
rector determines necessary. 
(E) LIMITATION ON ADMINISTRATIVE EX-
PENSES.—Not more than 5 percent of the 
funds distributed by the Council to the Board 
each year may be used by the Board to pay its 
administrative expenses. 
(4) SEAFOOD MARKETING PLANS.— 
(A) IN
GENERAL.—Not later than Sep-
tember 30 of each year, the Board shall submit 
to the Council a seafood marketing plan that 
describes the consumer education, research, and 
other marketing activities planned by the Board 
for the following year, including the selection 
procedures and criteria the Board plans to use 
for the awarding of grants. 
(B) PURPOSES.—The Board shall design a 
seafood marketing plan submitted under this 
paragraph for the purposes of— 
(i) increasing consumer demand for 
seafood; 
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(ii) encouraging, expanding, or im-
proving the marketing and utilization of 
seafood; and 
(iii) improving consumer education, 
research, and other marketing activities re-
garding seafood. 
(C) SPECIFIC MARKETING ACTIVITIES PER-
MITTED.—The Board may include in a seafood 
marketing plan submitted under this paragraph 
marketing activities that reference a particular 
brand or trade name. 
(D) REVIEW; APPROVAL; DISAPPROVAL.— 
(i) REVIEW.—Not later than 30 days 
after the Board submits to the Council a 
seafood marketing plan under this para-
graph, the Council shall review the mar-
keting plan and approve or disapprove the 
plan in accordance with this subparagraph. 
(ii) APPROVAL.—If the Council deter-
mines that the plan meets the require-
ments of this paragraph, the Council shall 
approve the plan and make a grant to the 
Board 
in 
accordance 
with 
section 
3(c)(3)(A). 
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(iii) DISAPPROVAL.—If the Council 
does not approve a plan under clause (ii)— 
(I) the Council shall provide to 
the Board the reasons for the dis-
approval; and 
(II) the Board shall submit a re-
vised plan not later than 30 days 
after the date of such disapproval. 
(5) GRANTS TO ORGANIZATIONS AND INDIVID-
UALS.— 
(A) IN GENERAL.—The Board shall make 
grants to organizations and individuals, subject 
to such terms and conditions as the Board may 
require and consistent with the purposes of this 
section and the marketing plan approved by the 
Council. 
(B) PROMOTION
OF
PARTNERSHIPS.—In 
making grants under this subsection, the Board 
shall promote cost-sharing partnerships with 
non-Federal entities and may limit grant 
amounts to a portion of the estimated cost of 
a project. 
(C) MATCHING FUNDS.—If the Board con-
ditions the making of a grant under this sub-
section on the availability of matching funds, 
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such matching funds may include funds from 
private sources, funds from State or local gov-
ernments, or the value of in-kind contributions. 
(D) DISTRIBUTION
GOAL.—The Board 
shall seek to distribute not less than 10 percent 
of the funds it distributes under this subsection 
in a fiscal year through grants to minority- 
owned businesses, veteran-owned businesses, 
and small businesses. 
(6) RECORDS.—The Board shall maintain ac-
counting records of the receipt and disbursement of 
all funds of the Board, which shall be subject to the 
review of the Council. 
(7) REPORT.—Not later than September 1 of 
each year, the Board shall submit to the Council a 
report detailing the expenditures of the Board dur-
ing the previous 12 months and the results of such 
expenditures. 
(c) REPORT.—Not later than September 30 of each 
year, the Council shall submit to Congress a report re-
garding the results of the operations of the Gulf of Mexico 
seafood marketing program. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
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(6) SOCIALLY AND ECONOMICALLY DISADVAN-
TAGED INDIVIDUAL.—The term ‘‘socially and eco-
nomically disadvantaged individual’’ means an indi-
vidual described as socially and economically dis-
advantaged in section 8(a) of the Small Business 
Act (15 U.S.C. 637(a)). 
(7) VETERAN.—The term ‘‘veteran’’ has the 
meaning given that term in section 101(2) of title 
38, United States Code. 
(8) VETERAN-OWNED
BUSINESS.—The term 
‘‘veteran-owned business’’ means a business— 
(A) not less than 51 percent of which is 
owned by one or more veterans or, in the case 
of any publicly owned business, not less than 51 
percent of the stock of which is owned by one 
or more veterans; and 
(B) the management and daily business 
operations of which are controlled by one or 
more veterans. 
SEC. 8. GULF OF MEXICO CLEAN ENERGY PROGRAM. 
(a) ESTABLISHMENT.—The Council shall establish a 
Gulf of Mexico clean energy program to make grants to 
eligible entities for qualified clean energy projects and 
qualified energy efficiency projects, in accordance with this 
section. 
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(b) APPLICATION.—In order to be eligible to receive 
a grant under this section, an eligible entity shall submit 
to the Council an application at such time, in such form, 
and containing such information as the Council may re-
quire. 
(c) REPORT.—An eligible entity receiving a grant 
under this section shall submit an annual report to the 
Council containing such information as the Council may 
require. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) CLEAN
ENERGY
PROJECT.—The term 
‘‘clean energy project’’ means any electricity genera-
tion, transmission, storage, heating, cooling, indus-
trial process, or manufacturing project the primary 
purpose of which is the deployment, development, or 
production of an energy system or technology that 
avoids, reduces, or sequesters air pollutants or an-
thropogenic greenhouse gases, including projects 
based on the following energy technologies: 
(A) Solar. 
(B) Wind. 
(C) Geothermal. 
(D) Biomass. 
(E) Hydropower. 
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(F) Ocean. 
(G) Fuel cell. 
(H) Advanced battery. 
(I) Carbon capture and sequestration. 
(J) Next generation biofuels. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a State or local government, an indi-
vidual, a nonprofit organization, or a private busi-
ness. 
(3) ENERGY EFFICIENCY PROJECT.—The term 
‘‘energy efficiency project’’ means any project, tech-
nology, function, or measure that results in the re-
duction of energy use required to achieve the same 
level of service or output prior to the application of 
such project, technology, function, or measure, or 
substantially reduces greenhouse gas emissions rel-
ative to emissions that would have occurred prior to 
the application of such project, technology, function, 
or measure. 
(4) QUALIFIED CLEAN ENERGY PROJECT.—The 
term ‘‘qualified clean energy project’’ means a clean 
energy project that— 
(A) is carried out within a Gulf State; 
(B) pays wages in accordance with sub-
chapter IV of chapter 31 of title 40, United 
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States Code (commonly known as the Davis- 
Bacon Act); and 
(C) satisfies any other conditions estab-
lished by the Council. 
(5) 
QUALIFIED
ENERGY
EFFICIENCY 
PROJECT.—The term ‘‘qualified energy efficiency 
project’’ means an energy efficiency project, includ-
ing Smart Grid technologies and functions charac-
terized in section 1301 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17381) and 
end-use technologies for efficiency gains in new con-
struction and across existing infrastructure, that— 
(A) is carried out within a Gulf State; 
(B) pays wages in accordance with sub-
chapter IV of chapter 31 of title 40, United 
States Code (commonly known as the Davis- 
Bacon Act); and 
(C) satisfies any other conditions estab-
lished by the Council. 
SEC. 9. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) FUND.—The term ‘‘Fund’’ means the Gulf 
of Mexico Economic and Environmental Recovery 
Fund established by section 3(a). 
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(2) COUNCIL.—The term ‘‘Council’’ means the 
Gulf of Mexico Recovery Council established by sec-
tion 2(a). 
(3) GULF
COAST.—The term ‘‘Gulf coast’’ 
means the coastal zones, as determined pursuant to 
the Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.), of the States of Alabama, 
Florida, Louisiana, and Mississippi and adjacent 
State waters and submerged lands of the Outer Con-
tinental Shelf in the Gulf of Mexico. 
(4) GULF
STATES.—The term ‘‘Gulf States’’ 
means the States of Alabama, Florida, Louisiana, 
and Mississippi. 
(5) GULF OIL SPILL.—The term ‘‘Gulf oil spill’’ 
means the oil spill in the Gulf of Mexico caused by 
the mobile offshore drilling unit Deepwater Horizon 
that began on April 20, 2010. 
Æ 
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