Sec. 305. Council accountability and membership
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/bill/117/hr/4690/rh/section-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 302(b)(2) ( 16 U.S.C. 1852(b)(2) ) is amended— by amending subparagraph
(A)to read as follows: In making appointments to the Council under this section, the Secretary shall appoint an individual who, by reason of occupational or other experience, scientific expertise, or training, is knowledgeable regarding— the conservation and management, or the commercial, recreational, or subsistence harvest, of the fishery resources of the geographic area concerned; or ecosystem-based fishery management or climate science. ; by amending subparagraph
(B)to read as follows: The Secretary, in making appointments under this section, shall, to the extent practicable, ensure a fair and balanced apportionment, on a rotating or other basis, of active participants (or their representatives) in the commercial, recreational, and subsistence fisheries under the jurisdiction of the Council and of members of the conservation community, scientists, non-consumptive users, and indigenous and tribal communities as applicable, and of the active participants (or their representatives) in the commercial, recreational, and subsistence fisheries under the jurisdiction of the Council. The Secretary shall, on an annual basis, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the actions taken by the Secretary to ensure that such fair and balanced apportionment is achieved. The report shall— list the fisheries under the jurisdiction of each Council, outlining for each fishery the type and quantity of fish harvested, fishing and processing methods employed, the number of participants, the duration and range of the fishery, and other distinguishing characteristics; assess the membership of each Council in terms of the apportionment of the active participants in each such fishery and of members of the conservation community, scientists, non-consumptive users, indigenous and tribal communities; and state the Secretary's plans and schedule for actions to achieve a fair and balanced apportionment on the Council for the active participants in any such fishery and for the categories of members listed in clause (ii). ; and by amending subparagraph
(C)to read as follows: The Secretary shall appoint the members of each Council from a list of individuals submitted by the Governor of each applicable constituent State. in submitting a list for the purposes of subclause (I), a Governor— may only submit the name of an individual if such Governor has determined such individual is qualified under the requirements of subparagraph (A); and shall include the names and pertinent biographical data of not less than 3 individuals for each applicable vacancy and shall be accompanied by a statement by the Governor explaining how each such individual meets the requirements of subparagraph (A). The Secretary shall review each list submitted under this subparagraph. If the Secretary determines that any individual does not meet the requirements of this paragraph, the Secretary shall notify the appropriate Governor. If a Governor receives notice under subclause (III), the Governor may submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual in question. The Secretary shall appoint to each Council at least one individual who does not have a financial interest in matters before the Council. An individual is not eligible for appointment by the Secretary until that individual complies with the applicable financial disclosure requirements under subsection (j). . Section 302(b)(2) ( 16 U.S.C. 1852(b)(2) ) is amended by adding at the end the following: In appointing at-large members to the Western Pacific Fishery Management Council, the Secretary shall ensure geographic representation across all constituent states of the Council. . Section 302(j) ( 16 U.S.C. 1852(j) ) is amended— by amending paragraph (1)(B) to read as follows: the term designated official means an attorney employed in the Office of the General Counsel of the National Oceanic and Atmospheric Administration with an expertise in Federal conflict-of-interest requirements who is designated by the Secretary, in consultation with the Council, to attend Council meetings and make determinations under paragraph (7)(B). ; in paragraph (2)(C), by inserting contractor, after partner, ; and in paragraph (5)(B), by striking on the Internet and inserting on the website of the agency, on the website of the applicable Council, . Section 302 ( 16 U.S.C. 1852 ) is amended by adding at the end the following: Except as provided in subparagraph (B), Regional Fishery Management Council members, members of Council advisory bodies, and Council employees and contractors, are prohibited from using Federal funds to attempt to influence the— introduction, advancement, enactment, amendment, or repeal of Federal or State legislation; or issuance, modification, or overturning of an executive order, Presidential proclamation, or similar Presidential directive or decree. Notwithstanding subparagraph (A), such individuals may provide a technical and factual presentation directly related to the performance of a Council’s duties, through hearing testimony or written statements, if such presentation is in response to a documented request and is made available under paragraph (4). The Secretary may initiate an investigation of a potential violation of this subsection. The Secretary shall investigate a complaint submitted by any person or government entity regarding a potential violation of this subsection. If the Secretary determines that an individual violated paragraph (1), such individual shall be subject to disciplinary action including suspension or expulsion from participation in, membership of, or employment by a council, advisory body, or related entity or activity. The Secretary shall provide training to individuals described in paragraph
(1)on compliance with rules issued under this subsection and general limits of Federal grant recipients on contacts with members and staff of the Executive and Legislative branches. The Secretary shall submit an annual report to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that describes— the funding provided to implement this subsection; complaints received of and investigations into potential violations of this subsection; and barriers associated with and proposals to improve implementation of this subsection. Not later than 12 months after the date of enactment of the Sustaining America’s Fisheries for the Future Act of 2022 , the Secretary shall issue implementing regulations for this subsection. . Section 302 ( 16 U.S.C. 1852 ) is further amended by adding at the end the following: The Secretary shall prohibit any person from harassing a covered individual during the conduct of duties under this Act. Council members and staff shall, as a condition of employment, not later than 1 year after the date of enactment of the Sustaining America’s Fisheries for the Future Act of 2022 or such individual’s first day of employment by a Council and not less often than every 2 years thereafter, complete 2 hours of workplace harassment prevention training approved by the office authorized by section 3541 of the National Defense Authorization Act for Fiscal Year 2017. In this subsection: The term covered individuals means— council members; council staff; advisory panel members; committee members; Federal fishery permit holders; or staff, crew, employees, or contractors associated with a federally permitted vessel or a facility providing services to such vessels. The term harassment means unwelcome verbal, visual, or physical conduct based on race, color, national origin, religion, age (40 and above), sex (including gender identity, sexual orientation, and pregnancy), disability, genetic information, or prior Equal Employment Opportunity activity. . Section 305(f)(1) ( 16 U.S.C. 1855(f)(1) is amended by striking 30 and inserting 60 .
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