Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act

I 118TH CONGRESS 1ST SESSION H. R. 3951 To establish in the Department of Agriculture an Office of Aquaculture, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 9, 2023 Ms. BONAMICI (for herself, Mr. WITTMAN, Mr. PALLONE, Ms. PINGREE, and Mr. CASE) introduced the following bill; which was referred to the Com- mittee on Agriculture A BILL To establish in the Department of Agriculture an Office of Aquaculture, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sustaining Healthy 4 Ecosystems, Livelihoods, and Local Seafood Act’’ or the 5 ‘‘SHELLS Act’’. 6 SEC. 2. OFFICE OF AQUACULTURE. 7 (a) IN GENERAL.—Subtitle A of the Department of 8 Agriculture Reorganization Act of 1994 is amended by in- 9 serting after section 216 (7 U.S.C. 6916) the following: 10 VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3951 IH ‘‘SEC. 217. OFFICE OF AQUACULTURE. 1 ‘‘(a) DEFINITIONS.—In this section: 2 ‘‘(1) AQUACULTURE.—The term ‘aquaculture’ 3 has the meaning given that term in section 3 of the 4 National Aquaculture Act of 1980 (16 U.S.C. 2802). 5 ‘‘(2) COMMITTEE.—The term ‘Committee’ 6 means the Aquaculture Advisory Committee estab- 7 lished under subsection (c)(1). 8 ‘‘(3) DIRECTOR.—The term ‘Director’ means 9 the Director of the Office appointed under sub- 10 section (b)(2). 11 ‘‘(4) OFFICE.—The term ‘Office’ means the Of- 12 fice of Aquaculture established under subsection 13 (b)(1). 14 ‘‘(b) OFFICE.— 15 ‘‘(1) IN GENERAL.—The Secretary shall estab- 16 lish in the Department an Office of Aquaculture. 17 ‘‘(2) DIRECTOR.—The Secretary shall appoint a 18 senior official to serve as the Director of the Office. 19 ‘‘(3) MISSION.—The mission of the Office, in 20 coordination with any other relevant Federal agency, 21 shall be to encourage and promote aquaculture oper- 22 ations that promote United States food security and 23 limit adverse environmental effects, including— 24 ‘‘(A) shellfish cultivation (including oys- 25 ters, clams, and mussels); 26 VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3951 IH ‘‘(B) micro- and macro-algae cultivation; 1 ‘‘(C) aquaculture production within land- 2 based systems; and 3 ‘‘(D) other forms of aquaculture produc- 4 tion, as determined by the Secretary, in con- 5 sultation with the Secretary of Commerce and 6 the heads of other Federal agencies, as applica- 7 ble. 8 ‘‘(4) RESPONSIBILITIES.—The Director shall be 9 responsible for engaging in activities to carry out the 10 mission of the Office described in paragraph (3), in- 11 cluding by— 12 ‘‘(A) overseeing programs of the Depart- 13 ment to support the development and advance- 14 ment of aquaculture best practices, using the 15 best available science, in consultation with agri- 16 cultural producers and industry partners; 17 ‘‘(B) providing technical assistance on best 18 practices to aquaculture farmers and busi- 19 nesses, including for shellfish, algae, and land- 20 based aquaculture systems, using the best avail- 21 able science; 22 ‘‘(C) advising the Secretary; 23 ‘‘(D) coordinating with the agencies and 24 officials of the Department to update and en- 25 VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3951 IH sure support for aquaculture in relevant pro- 1 grams; 2 ‘‘(E) engaging in stakeholder relations and 3 developing external partnerships; 4 ‘‘(F) identifying common State and munic- 5 ipal best practices for navigating local policies; 6 ‘‘(G) oversight of extension and outreach 7 efforts to support aquaculture producers and 8 businesses; 9 ‘‘(H) collaborating and coordinating with 10 other Federal agencies, including the National 11 Oceanic and Atmospheric Administration, the 12 United States Fish and Wildlife Service, the Of- 13 fice of Science and Technology Policy, and the 14 Environmental Protection Agency; 15 ‘‘(I) convening a working group with rel- 16 evant officials of the Department to coordinate 17 programs and share knowledge; 18 ‘‘(J) representing the Department on the 19 Subcommittee on Aquaculture of the National 20 Science and Technology Council; 21 ‘‘(K) gathering and issuing aquaculture 22 production data, in consultation with the Ad- 23 ministrator of the National Oceanic and Atmos- 24 pheric Administration; 25 VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3951 IH ‘‘(L) applying existing programs for risk 1 mitigation as applicable to aquaculture, includ- 2 ing insurance and purchasing programs; and 3 ‘‘(M) promoting aquaculture practices that 4 provide environmental, economic, and social 5 benefits. 6 ‘‘(c) AQUACULTURE ADVISORY COMMITTEE.— 7 ‘‘(1) IN GENERAL.—Not later than 180 days 8 after the date of enactment of the Sustaining 9 Healthy Ecosystems, Livelihoods, and Local Seafood 10 Act, the Secretary shall establish an Aquaculture 11 Advisory Committee to advise the Secretary on— 12 ‘‘(A) oversight of programs of the Depart- 13 ment to support development of, and to ad- 14 vance, aquaculture best practices using the best 15 available science, in consultation with farmers 16 and industry partners; 17 ‘‘(B) the history, use and preservation of 18 Indigenous and traditional aquaculture prac- 19 tices and ecological knowledge; 20 ‘‘(C) providing technical assistance to 21 aquaculture farmers and businesses, including 22 technical assistance that pertains to shellfish, 23 algae, and land-based aquaculture systems, 24 using the best available science; and 25 VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3951 IH ‘‘(D) any other aspects of the implementa- 1 tion of this section. 2 ‘‘(2) MEMBERSHIP.— 3 ‘‘(A) IN GENERAL.—The Committee shall 4 be composed of 14 members, to be appointed by 5 the Secretary, of whom— 6 ‘‘(i) 1 shall be a representative of the 7 Department, who shall serve as chair of 8 the Committee; 9 ‘‘(ii) 4 shall be individuals who are 10 aquaculture producers who employ best 11 practices and limit adverse effects that re- 12 sult from the operations of the aquaculture 13 producers; 14 ‘‘(iii) 2 shall be representatives from 15 an Indian Tribe or Tribal organization (as 16 such terms are defined in section 4 of the 17 Indian Self-Determination and Education 18 Assistance Act (25 U.S.C. 5304)) or from 19 a Native Hawaiian organization (as such 20 term is defined in section 2 of the Native 21 American Graves Protection and Repatri- 22 ation Act (25 U.S.C. 3001)); 23 ‘‘(iv) 1 shall be a representative from 24 a State or interstate commission; 25 VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3951 IH ‘‘(v) 1 shall be a representative from 1 an institution of higher education or exten- 2 sion program; 3 ‘‘(vi) 1 shall be an individual who rep- 4 resents a nonprofit organization, which 5 may include a public health, environ- 6 mental, or community organization; 7 ‘‘(vii) 1 shall be an individual who 8 represents a relevant port, coastal, or 9 working waterfront community; 10 ‘‘(viii) 1 shall be an individual with 11 supply chain experience, which may include 12 a food aggregator, wholesale food dis- 13 tributor, food hub, or an individual who 14 has direct-to-consumer market experience; 15 ‘‘(ix) 1 shall be an individual with re- 16 lated experience or expertise in aquaculture 17 production practices, as determined by the 18 Secretary; and 19 ‘‘(x) 1 shall be an individual who rep- 20 resents aquaculture end users, including a 21 chef, member of the food service industry, 22 or grocer. 23 ‘‘(B) INITIAL APPOINTMENTS.—The Sec- 24 retary shall appoint the members of the Com- 25 VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3951 IH mittee not later than 180 days after the date of 1 enactment of this section. 2 ‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— 3 ‘‘(A) IN GENERAL.—Except as provided in 4 subparagraph (B), a member of the Committee 5 shall be appointed for a term of 3 years. 6 ‘‘(B) INITIAL APPOINTMENTS.—Of the 7 members first appointed to the Committee— 8 ‘‘(i) 5 of the members, as determined 9 by the Secretary, shall be appointed for a 10 term of 3 years; 11 ‘‘(ii) 5 of the members, as determined 12 by the Secretary, shall be appointed for a 13 term of 2 years; and 14 ‘‘(iii) 4 of the members, as determined 15 by the Secretary, shall be appointed for a 16 term of 1 year. 17 ‘‘(C) VACANCIES.—Any vacancy in the 18 Committee— 19 ‘‘(i) shall not affect the powers of the 20 Committee; and 21 ‘‘(ii) shall be filled as soon as prac- 22 ticable in the same manner as the original 23 appointment. 24 VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3951 IH ‘‘(D) CONSECUTIVE TERMS.—An initial 1 appointee of the Committee may serve an addi- 2 tional consecutive term if the member is re- 3 appointed by the Secretary. 4 ‘‘(4) MEETINGS.— 5 ‘‘(A) FREQUENCY.—The Committee shall 6 meet not fewer than 3 times per year. 7 ‘‘(B) INITIAL MEETING.—Not later than 8 180 days after the date on which the members 9 are appointed under paragraph (2)(B), the 10 Committee shall hold the first meeting of the 11 Committee. 12 ‘‘(5) DUTIES.— 13 ‘‘(A) IN GENERAL.—The Committee 14 shall— 15 ‘‘(i) develop recommendations and ad- 16 vise the Director on aquaculture policies, 17 initiatives, and outreach administered by 18 the Office; 19 ‘‘(ii) evaluate and review ongoing re- 20 search and extension activities relating to 21 aquaculture practices; 22 ‘‘(iii) identify new and existing bar- 23 riers to successful aquaculture practices; 24 and 25 VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3951 IH ‘‘(iv) provide additional assistance and 1 advice to the Director as appropriate. 2 ‘‘(B) REPORTS.—Not later than 1 year 3 after the date on which the Committee is estab- 4 lished, and every 2 years thereafter through 5 2028, the Committee shall submit to the Sec- 6 retary, the Committee on Agriculture, Nutri- 7 tion, and Forestry and the Committee on Com- 8 merce, Science, and Transportation of the Sen- 9 ate, and the Committee on Agriculture and the 10 Committee on Natural Resources of the House 11 of Representatives, a report describing the rec- 12 ommendations developed under subparagraph 13 (A). 14 ‘‘(6) PERSONNEL MATTERS.— 15 ‘‘(A) COMPENSATION.—A member of the 16 Committee shall serve without compensation. 17 ‘‘(B) TRAVEL EXPENSES.—A member of 18 the Committee shall be allowed travel expenses, 19 including per diem in lieu of subsistence, in ac- 20 cordance with section 5703 of title 5, United 21 States Code. 22 ‘‘(7) TERMINATION.— 23 ‘‘(A) IN GENERAL.—Subject to subpara- 24 graph (B), the Committee shall terminate on 25 VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3951 IH the date that is 5 years after the date on which 1 the members are appointed under paragraph 2 (2)(B). 3 ‘‘(B) EXTENSIONS.—Before the date on 4 which the Committee terminates, the Secretary 5 may renew the Committee for 1 or more 2-year 6 periods. 7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 8 is authorized to be appropriated to carry out this section 9 $25,000,000 for each of fiscal years 2024 through 2028.’’. 10 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 11 (1) The Department of Agriculture Reorganiza- 12 tion Act of 1994 is amended by redesignating the 13 first section 225 (7 U.S.C. 6925) (relating to the 14 Food Access Liaison) as section 224A. 15 (2) Section 296(b) of the Department of Agri- 16 culture Reorganization Act of 1994 (7 U.S.C. 17 7014(b)) is amended by adding at the end the fol- 18 lowing: 19 ‘‘(11) The authority of the Secretary to carry 20 out section 217.’’. 21 Æ VerDate Sep 11 2014 03:14 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3951.IH H3951 kjohnson on DSK79L0C42PROD with BILLS