S 497 — American Fisheries Advisory Committee Act

[Congressional[117th BillsCongress 117thPublic Congress]Law 121] [From the U.S.

Government Publishing Office] [S.[[Page 1187]] AMERICAN FISHERIES ADVISORY COMMITTEE ACT [[Page 131 STAT.

4971188]] EngrossedPublic Law 117-121 117th Congress An Act To establish the American Fisheries Advisory Committee to assist in Senatethe (ES)]awarding <DOC>of 117thfisheries CONGRESSresearch 2dand Sessiondevelopment S.grants, and for other purposes.

497<<NOTE: _______________________________________________________________________ AN ACT To establish the American Fisheries Advisory Committee to assist in the awarding of fisheries research and development grants, and for other purposes.

BeMay it12, enacted2022 by- the[S. Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

SHORT497]>> TITLE.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.

``(E) Seafood.--The term `seafood' means farm-farm-raised 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<<NOTE: 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:

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:

``(C)[[Page Region131 3STAT. shall consist of Texas, Alabama, Louisiana, Mississippi, Florida, Arkansas, Puerto Rico, and the Territory of the Virgin Islands of the United States.

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.

``(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<<NOTE: are appointed by the Secretary;

Appointments.>> who are appointed by the Secretary;

``(B) At-large<<NOTE: members.--The Secretary shall appoint to the Committee at-large members as follows:

Appointments.>> At-large members.-- The Secretary shall appoint to the Committee at-large members as follows:

``(B)[[Page developing131 theSTAT. request for proposals for such grants;

1190]] ``(B) developing the request for proposals for such grants;

``(10) Per<<NOTE: 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.

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.

``(11) Conflict<<NOTE: 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.

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.

``(12) Technical review of applications.-- ``(A) In<<NOTE: 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;

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;

and ``(iii) shall<<NOTE: certify that the expert does not have a conflict of interest concerning the application that the expert is reviewing.

``(B)Certification.>> Guidance.--Notshall latercertify thanthat 180the daysexpert afterdoes thenot datehave ofa enactmentconflict of theinterest Americanconcerning Fisheries Advisory Committee Act, the Secretaryapplication shallthat issue guidance related to carrying out the technicalexpert evaluationsis underreviewing. subparagraph (A).

Such``(B) guidanceGuidance. 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).''.

<<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).''.

and ``(ii) based<<NOTE: on the recommendations of the American Fisheries Advisory Committee established in subsection (e), evaluates the proposed project as to-- ``(I) soundness of design;

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;

``(B) If<<NOTE: 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.''.

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.''.