tivity aimed at encouraging the consumption of 
seafood or expanding or maintaining commer-
cial 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, shell-
fish, 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 Sec-
retary shall establish 6 regions within the American 
Fisheries Advisory Committee as follows: 
‘‘(A) Region 1 shall consist of Alaska, Ha-
waii, the Commonwealth of the Northern Mar-
iana Islands, and the Territories of Guam and 
American Samoa. 
‘‘(B) Region 2 shall consist of Maine, New 
Hampshire, Massachusetts, Rhode Island, and 
Connecticut. 
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‘‘(C) Region 3 shall consist of Texas, Ala-
bama, Louisiana, Mississippi, Florida, Arkan-
sas, Puerto Rico, and the Territory of the Vir-
gin 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 rep-
resented on the Committee by 3 members— 
‘‘(i) who are appointed by the Sec-
retary; 
‘‘(ii) who reside in a State or territory 
in the region that the member will rep-
resent; 
‘‘(iii) of which— 
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‘‘(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 mem-
bers 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 
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chain, such as fishermen, manufacturers, 
retailers, and distributors. 
‘‘(iv) One individual who is an em-
ployee of the National Marine Fisheries 
Service with expertise in fisheries research. 
‘‘(C) BALANCED
REPRESENTATION.—In 
selecting the members described in subpara-
graphs (A) and (B), the Secretary shall seek to 
maximize on the Committee, to the extent prac-
ticable, 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 com-
munity 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 
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‘‘(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 as-
sociated with meetings, hearings, or other busi-
ness of the Committee, including through the 
use of video or teleconference. 
‘‘(9) DESIGNATION OF STAFF MEMBER.—The 
Secretary shall designate a staff member to coordi-
nate the activities of the Committee and to assist 
with administrative and other functions as requested 
by the Committee. 
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‘‘(10) PER DIEM AND EXPENSES AND FUND-
ING.— 
‘‘(A) IN
GENERAL.—A member of the 
Committee shall serve without compensation, 
but shall be reimbursed in accordance with sec-
tion 5703 of title 5, United States Code, for 
reasonable travel costs and expenses incurred in 
performing duties as a member of the Com-
mittee. 
‘‘(B) FUNDING.—The costs of reimburse-
ments 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 Conserva-
tion 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 mean-
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ing 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 indi-
vidual 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 pro-
posal 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 
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the application that the expert is review-
ing. 
‘‘(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 car-
rying out the technical evaluations under sub-
paragraph (A). Such guidance shall include cri-
teria for the elimination by the National Oce-
anic and Atmospheric Administration of appli-
cations that fail to meet a minimum level of 
technical merit as determined by the review de-
scribed 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 sub-
section may be approved unless the Secretary— 
‘‘(i) is satisfied that the applicant has the req-
uisite 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— 
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‘‘(I) soundness of design; 
‘‘(II) the possibilities of securing produc-
tive 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 FISH-
ERIES 
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,’’. 
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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 sub-
section 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 har-
vesting, processing, marketing, and associated infrastruc-
tures, if applicable.’’. 
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Union Calendar No. 458 
117TH CONGRESS 
2D SESSION 
H. R. 3128 
[Report No. 117–635] 
A BILL 
To establish the American Fisheries Advisory Com-
mittee to assist in the awarding of fisheries re-
search and development grants, and for other 
purposes. 
DECEMBER 14, 2022 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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