Sec. 305. Council accountability and membership
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Section 302(b)(2) ( 16 U.S.C. 1852(b)(2) ) is amended— by amending subparagraph
(A)to read as follows: In making each appointment to a 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: In making each appointment under this section, the Secretary shall, to the extent practicable, ensure a fair and balanced apportionment, on a rotating or other basis, of active participants (or the representatives of such participants) in the commercial, recreational, and subsistence fisheries under the jurisdiction of the Council and of members of the conservation community, scientists, nonconsumptive users, and members of indigenous and tribal communities, as applicable. 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 regarding the actions taken by the Secretary to ensure that a fair and balanced apportionment described in clause
(i)is achieved, including— a list of 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; an assessment of 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, nonconsumptive users, and members of indigenous and tribal communities; and a statement of the plans and schedule of the Secretary for actions to achieve a fair and balanced apportionment on each Council for the active participants in any such fishery and for the categories of members listed in subclause (II). ; 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 under subclause (I), a Governor— may only submit the name of an individual if such Governor has determined such individual is qualified under subparagraph (A); shall include the names and pertinent biographical data of not less than 3 individuals for each applicable vacancy; and shall include a statement explaining how each individual included on the list meets the requirements of subparagraph (A). The Secretary shall review each list submitted under this subparagraph. If the Secretary determines that an individual included on a list submitted under this subparagraph does not meet the requirements of this paragraph, the Secretary shall notify the appropriate Governor. If a Governor receives notification under subclause (IV), such Governor may submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual for which such Governor received such a notification. The Secretary shall appoint to each Council at least 1 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). ; and by adding at the end the following: In appointing at-large members to the Western Pacific Council, the Secretary shall ensure geographical representation across each constituent State of such 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 who— has expertise in Federal conflict-of-interest requirements; and is designated by the Secretary, in consultation with a Council, to attend the meetings of such Council 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 internet website of the agency, on the internet 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), each member of a Council, member of a Council advisory body, and employee or contractor of a Council, is 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. An individual described in subparagraph
(A)may provide a technical and factual presentation directly related to the performance of the duties of a Council, 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 paragraph (1). The Secretary shall investigate a complaint submitted by any person or government entity regarding a potential violation of paragraph (1). 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, Council advisory body, or related entity or activity. The Secretary shall provide training to individuals described in paragraph
(1)regarding— compliance with regulations issued to implement this subsection; and general limits of Federal grant recipients on contacts with members and staff of the executive and legislative branches. A voting member appointed to a Council by the Secretary in accordance with paragraph (2), (5), or
(6)of subsection
(b)may not lobby the Council to which such member was appointed regarding any matter during the 1-year period beginning on the date on which the term of such member expires, if such member has not been appointed to serve a subsequent term. The Secretary shall annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes— the funding provided to implement this subsection; complaints received of and investigations into potential violations of paragraph (1); and barriers associated with and proposals to improve implementation of this subsection. The Secretary shall prohibit any person from harassing a covered individual during the conduct of duties by such covered individual under this Act. Council members and staff shall, as a condition of employment, not later than 1 year after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2024 or the first day of employment by a Council of such individual, and not less often than once 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 individual means— a Council member; Council staff; a Council advisory panel member; a member of a committee associated with a Council or the National Oceanic and Atmospheric Administration; a Federal fishery permit holder; and a staff member, crew member, employee, or contractor 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 . Not later than 1 year after the date of the enactment of this section, the Secretary shall issue regulations to implement section 302(m) ( 16 U.S.C. 1852(m) ), as added by this section.
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