[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6191 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6191

 To establish a regulatory system for sustainable offshore aquaculture 
 in the United States exclusive economic zone, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2020

  Mr. Peterson (for himself and Mr. Palazzo) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
     addition to the Committee on Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To establish a regulatory system for sustainable offshore aquaculture 
 in the United States exclusive economic zone, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Advancing the 
Quality and Understanding of American Aquaculture Act'' or the ``AQUAA 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Purposes.
Sec. 3. Definitions.
                      TITLE I--NATIONAL STANDARDS

Sec. 101. National standards for sustainable offshore aquaculture.
                       TITLE II--CORE ACTIVITIES

Sec. 201. Offshore aquaculture permits.
Sec. 202. Enterprise zones.
                         TITLE III--REFINEMENTS

Sec. 301. Protection of offshore aquaculture facilities.
Sec. 302. Recordkeeping and access to information.
Sec. 303. Marine feed standards.
                  TITLE IV--ADMINISTRATIVE PROVISIONS

Sec. 401. Office of Offshore Aquaculture.
Sec. 402. Domestic aquaculture production.
Sec. 403. Outreach and education for offshore aquaculture.
Sec. 404. Administration.
Sec. 405. Report.
Sec. 406. Extension of permit terms.
Sec. 407. Interagency coordination of offshore aquaculture.
Sec. 408. Prohibited acts.
Sec. 409. Enforcement.
Sec. 410. Authorization of appropriations.
                   TITLE V--RESEARCH AND DEVELOPMENT

Sec. 501. Research and development grant programs.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to support the development of a sustainable aquaculture 
        industry in the United States;
            (2) to develop sustainable offshore aquaculture as a tool 
        to support sustainable marine fisheries and ecosystem-based 
        management;
            (3) to simplify the Federal regulatory regime for 
        sustainable offshore aquaculture and safeguard the marine 
        environment, wild fish stocks, and our coastal communities;
            (4) to support research and technology development to 
        further these goals;
            (5) to create new jobs, and support existing jobs within 
        the seafood industry of the United States, including jobs for 
        traditional fishing industry partners; and
            (6) to reduce the United States seafood trade deficit by 
        expanding the domestic supply of seafood through domestic 
        aquaculture.

SEC. 3. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Aquaculture.--The term ``aquaculture'' has the meaning 
        given such term in section 3 of the National Aquaculture Act of 
        1980 (16 U.S.C. 2803).
            (2) Aquaculture stakeholder.--The term ``aquaculture 
        stakeholder'' means owners and operators of offshore 
        aquaculture facilities, Regional Fishery Management Councils, 
        conservation organizations, fisheries associations, State, 
        county, and Tribal governments, and other interested 
        stakeholders. The term also includes other Federal agencies 
        that have interests in aquaculture.
            (3) Coastal state.--Except as otherwise specifically 
        provided, the term ``coastal State'' has the meaning given the 
        term ``coastal state'' in section 304(4) of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453(4)).
            (4) Broodstock.--The term ``broodstock'' means individuals 
        of any aquatic species maintained for the purpose of 
        propagating, reestablishing, or enhancing a supply of stock to 
        be reared for offshore aquaculture. The term includes 
        individuals collected from the wild at any life history stage 
        and reared in captivity.
            (5) Cultured species.--The term ``cultured species'' means 
        any aquatic species propagated from broodstock and transferred 
        to a marine aquaculture facility or species that self-recruit 
        in the offshore environment. The term excludes any member of 
        the class aves, reptilia, or mammalia.
            (6) Exclusive economic zone.--
                    (A) In general.--Unless otherwise specified by the 
                President in the public interest in a writing published 
                in the Federal Register, the term ``exclusive economic 
                zone'' means a zone, the outer boundary of which is 200 
                nautical miles from the baseline from which the breadth 
                of the territorial sea is measured (except as 
                established by a maritime boundary treaty in force or 
                being provisionally applied by the United States or, in 
                the absence of such a treaty, where the distance 
                between the United States and another country is less 
                than 400 nautical miles, a line equidistant between the 
                United States and the other country).
                    (B) Inner boundary.--Without affecting any 
                Presidential proclamation with regard to the 
                establishment of the United States territorial sea or 
                exclusive economic zone, the inner boundary of the 
                exclusive economic zone is--
                            (i) in the case of the coastal States, a 
                        line coterminous with the seaward boundary of 
                        each such State, as described in section 4 of 
                        the Submerged Lands Act (43 U.S.C. 1312);
                            (ii) in the case of the Commonwealth of 
                        Puerto Rico, a line 3 marine leagues from the 
                        coastline of the Commonwealth of Puerto Rico;
                            (iii) in the case of American Samoa, the 
                        United States Virgin Islands, and Guam, a line 
                        3 geographic miles from the coastlines of 
                        American Samoa, the United States Virgin 
                        Islands, or Guam, respectively;
                            (iv) in the case of the Commonwealth of the 
                        Northern Mariana Islands--
                                    (I) the coastline of the 
                                Commonwealth of the Northern Mariana 
                                Islands, until the Commonwealth of the 
                                Northern Mariana Islands is granted 
                                authority by the United States to 
                                regulate all fishing to a line seaward 
                                of its coastline; and
                                    (II) upon the United States grant 
                                of such authority, the line established 
                                by such grant of authority; or
                            (v) for any possession of the United States 
                        not under clause (ii), (iii), or (iv), the 
                        coastline of such possession.
                    (C) Construction.--Nothing in this definition may 
                be construed to diminish the authority of the 
                Department of Defense, the Department of the Interior, 
                or any other Federal department or agency.
            (7) Healthy target stock.--The term ``healthy target 
        stock'' means a component of a fishery targeted for harvest 
        that is not overfished or experiencing overfishing and that is 
        managed to achieve a target not to exceed a level consistent 
        with maximum sustainable yield, taking into account any 
        relevant economic, social, or ecological factor.
            (8) Lessee.--The term ``lessee'' means any party to a 
        lease, right-of-use and easement, or right-of-way, or an 
        approved assignment thereof, issued pursuant to the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
            (9) Offshore aquaculture.--The term ``offshore 
        aquaculture'' means aquaculture conducted in the exclusive 
        economic zone.
            (10) Offshore aquaculture facility.--The term ``offshore 
        aquaculture facility'' means--
                    (A) an installation or structure used, in whole or 
                in part, for offshore aquaculture; or
                    (B) an area of the seabed, water column, or the 
                sediment used for offshore aquaculture.
            (11) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Commerce, acting 
        through the Under Secretary of Commerce for Oceans and 
        Atmosphere.
            (12) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of Commerce.
            (13) Sustainably managed fishery.--The term ``sustainably 
        managed fishery'' means a fishery that is managed in such a 
        manner to maintain healthy target stocks, to protect marine 
        ecosystem structure, productivity, function, and diversity, and 
        to minimize impacts to nontarget stocks.
    (b) Aquaculture Defined.--Section 3 of the National Aquaculture Act 
of 1980 (16 U.S.C. 2803) is amended by striking paragraph (1) and 
inserting the following:
            ``(1) The term `aquaculture' means any activity involved in 
        the propagation, rearing, or attempted propagation or rearing, 
        of cultured species.''.

                      TITLE I--NATIONAL STANDARDS

SEC. 101. NATIONAL STANDARDS FOR SUSTAINABLE OFFSHORE AQUACULTURE.

    (a) In General.--Any regulation promulgated to implement this Act, 
any permit issued under this Act, and any assessment or impact 
statement required by the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) for activities proposed under this Act shall be 
consistent with the following national standards for sustainable 
offshore aquaculture:
            (1) Sustainable offshore aquaculture shall strengthen 
        coastal and marine ecosystems by reducing pressure on 
        fisheries, enhancing essential fish habitat, preserving water 
        quality, or enhancing native stocks.
            (2) Sustainable offshore aquaculture shall be based on the 
        best scientific information available.
            (3) Sustainable offshore aquaculture shall avoid adverse 
        environmental impacts to coastal and marine ecosystems, 
        especially with regard to habitat, and water quality, caused by 
        disease, escapements, and the effects of nonnative species.
            (4) Sustainable offshore aquaculture shall prioritize feeds 
        sourced from sustainable ingredients and avoid using feeds 
        harvested from illegal, unreported, and unregulated fishing.
            (5) Sustainable offshore aquaculture shall be conducted to 
        minimize impacts, to the extent practicable, on other uses of 
        the exclusive economic zone by Federal and non-Federal 
        entities.
            (6) Sustainable offshore aquaculture shall take into 
        account the importance of fishery resources to fishing 
        communities in order to, to the extent practicable, minimize 
        adverse economic impacts on such communities.
            (7) Sustainable offshore aquaculture management measures 
        shall, to the maximum extent practicable, minimize costs and 
        avoid unnecessary duplication.
            (8) Sustainable offshore aquaculture management measures 
        shall avoid unnecessary risks to human life and the safety of 
        human life at sea.
    (b) Guidelines.--The Secretary shall establish advisory guidelines 
(which shall not have the force and effect of law), based on the 
national standards, to assist in the preparation of any application for 
a permit under this Act, or assessment or impact statement required 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for activities proposed under such Act.

                       TITLE II--CORE ACTIVITIES

SEC. 201. OFFSHORE AQUACULTURE PERMITS.

    (a) In General.--After the Secretary promulgates final regulations 
under section 404(a), the Secretary may issue an offshore aquaculture 
permit if the Secretary determines that--
            (1) the proposed offshore aquaculture facility, type of 
        aquaculture operation, and cultured species are consistent with 
        the purposes in section 2 and the national standards for 
        sustainable offshore aquaculture in section 101;
            (2) the applicant is able to comply with this Act and any 
        terms and conditions prescribed under section 404(a), is 
        financially responsible, and will operate the offshore 
        aquaculture facility using the best practicable technology and 
        maintain it in good working order; and
            (3) issuance of the offshore aquaculture permit is not 
        prohibited under section 408.
    (b) Authorized Activities.--An offshore aquaculture permit holder 
shall be authorized to conduct offshore aquaculture consistent with--
            (1) this Act, including regulations promulgated to carry 
        out this Act;
            (2) other applicable provisions of law, including 
        regulations; and
            (3) any terms or conditions imposed by the National Oceanic 
        and Atmospheric Administration.
    (c) Permit Procedure.--
            (1) Application.--An applicant for an offshore aquaculture 
        permit shall submit an application to the Secretary. The 
        application shall specify--
                    (A) the proposed location of the offshore 
                aquaculture facility and the location of any on-shore 
                facilities;
                    (B) the type of aquaculture operations that will be 
                conducted at all facilities described in subparagraph 
                (A);
                    (C) the cultured species, or a specified range of 
                species, to be propagated or reared, or both, at the 
                offshore aquaculture facility;
                    (D) the ways in which the permit holder will comply 
                with the national standards for sustainable offshore 
                aquaculture described in section 101;
                    (E) plans to respond to--
                            (i) a natural disaster;
                            (ii) an escapement; and
                            (iii) disease; and
                    (F) such other design, construction, and 
                operational information as the Secretary may require to 
                ensure the integrity of the applicant's operations and 
                contingency planning.
            (2) Notice.--Whenever the National Oceanic and Atmospheric 
        Administration receives an offshore aquaculture permit 
        application, the Secretary shall--
                    (A) provide notice and a copy of the application to 
                the Governor of every State or territory in the 
                fisheries management region under the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.), where the proposed offshore aquaculture 
                facility will be sited, and if the proposed site is 
                within 100 miles of another such fisheries management 
                region, the Secretary shall provide the same notice to 
                the governor of every State and territory in that 
                region; and
                    (B) provide public notice and an opportunity for 
                public comment for each offshore aquaculture permit 
                application.
            (3) Comments and consultation.--The Secretary shall take 
        any comments submitted by Governors and the public into 
        consideration, and shall consult with interested parties as 
        warranted before making a final decision on the disposition of 
        an offshore aquaculture permit application.
            (4) Deadlines for consideration of applications for 
        permits.--Not later than 30 days after the date on which the 
        Secretary receives an offshore aquaculture permit application, 
        the Secretary shall--
                    (A) notify the applicant that the application is 
                complete; or
                    (B) notify the applicant that information is 
                missing and specify any information that is required to 
                be submitted for the application to be complete.
            (5) Issuance or deferral.--Not later than 90 days after the 
        period for public comments on a completed application has 
        concluded, the Secretary shall--
                    (A) issue the permit, if the application complies 
                with the national standards for sustainable offshore 
                aquaculture in section 101, requirements under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), and other applicable law;
                    (B) defer the decision on the permit, if the 
                Secretary determines that the application can be 
                improved to meet the requirements of paragraph (1), and 
                provide to the applicant a notice that specifies any 
                steps that the applicant could take for the permit to 
                be issued; or
                    (C) deny the permit, if the Secretary determines 
                that the application does not meet the requirements of 
                paragraph (1), or any other applicable law, and that 
                these issues cannot be remediated.
            (6) Extension of review.--The Secretary may extend the 
        review period for an additional 90 days if the Secretary 
        determines that further time is needed to analyze the 
        application. The Secretary may further extend the review period 
        beyond the extension provided in the preceding sentence if the 
        Secretary determines that the Department of Commerce needs more 
        time to comply with applicable Federal law, provided that the 
        Secretary's determination states the specific actions the 
        Department must undertake, together with deadlines for 
        completing such actions.
    (d) Permit Requirements.--
            (1) In general.--An offshore aquaculture permit holder 
        shall be--
                    (A) a citizen or permanent resident of the United 
                States; or
                    (B) a corporation, partnership, or other entity 
                that--
                            (i) is organized and existing under the 
                        laws of a State or the United States; and
                            (ii) is not State-owned or majority-
                        controlled by a State-owned enterprise.
            (2) Terms and conditions.--Subject to subsection (n), the 
        Secretary shall--
                    (A) prescribe the terms and conditions that apply 
                to each offshore aquaculture permit to achieve the 
                national standards for sustainable offshore aquaculture 
                in section 101; and
                    (B) specify in each offshore aquaculture permit the 
                duration, size, and location of the offshore 
                aquaculture facility.
    (e) Duration.--
            (1) In general.--Except as provided in paragraph (2), an 
        offshore aquaculture permit shall have an initial 15-year 
        duration, and may be renewed subject to the terms of this Act.
            (2) Exceptions.--
                    (A) Enterprise zone.--A permit issued for offshore 
                aquaculture to be conducted in an enterprise zone as 
                provided in section 202 shall have an initial 25-year 
                duration.
                    (B) Outer continental shelf.--The Secretary shall 
                develop the duration of an offshore aquaculture permit 
                subject to subsection (n)(1), in consultation with the 
                Secretary of the Interior, except that the permit shall 
                expire not later than the date that the lessee or the 
                lessee's operator submits, to the Secretary of the 
                Interior, a final application for the decommissioning 
                and removal of an existing facility upon which an 
                offshore aquaculture facility is located.
    (f) Renewal.--The Secretary may renew an offshore aquaculture 
permit that has not been revoked for an additional 15- or 25-year 
period, as provided in subsection (e), before the end of the original 
permit's duration, if--
            (1) the permit or amended permit complies with existing 
        requirements;
            (2) the permit holder has not been subject to sanctions 
        under section 408 or committed a prohibited act under such 
        section; and
            (3) the permit has not been modified because of emergency 
        considerations.
    (g) Revocation.--The Secretary may, pursuant to regulations issued 
under this Act, revoke an offshore aquaculture permit, if--
            (1) the permit holder commits a prohibited act under 
        section 408;
            (2) the permit holder fails to begin offshore aquaculture 
        operations within 2 years from the date the required Federal 
        permits are obtained; or
            (3) there is an interruption of offshore aquaculture 
        operations of at least 2 years in duration that is unrelated to 
        best management practices or Federal disaster declaration. Such 
        disaster declarations shall be carried out in a manner 
        consistent with title IV of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.).
    (h) Expiration or Revocation.--Not later than 1 year after the 
expiration or revocation of an offshore aquaculture permit, a permit 
holder shall--
            (1) remove all structures, gear, and other property from 
        the offshore aquaculture facility site; and
            (2) take such other measures to restore the site, as the 
        Secretary considers necessary.
    (i) Emergency Determination.--If the Secretary determines that an 
emergency exists that poses a significant risk to the safety of humans, 
to the marine environment, to cultured species, to a marine species, or 
to the security of the United States and that requires suspension, 
modification, or revocation of an offshore aquaculture permit, the 
Secretary may suspend, modify, or revoke the permit for such time as 
the Secretary determines is necessary to address the emergency. The 
Secretary shall afford the permit holder a prompt post-suspension, 
post-modification, or post-revocation opportunity to be heard regarding 
the suspension, modification, or revocation.
    (j) Fees.--
            (1) Establishment.--
                    (A) In general.--The Secretary may establish, by 
                regulation, application fees and annual offshore 
                aquaculture permit fees under this section.
                    (B) Deposit and collection.--The fees described in 
                subparagraph (A) shall be deposited as offsetting 
                collections in the operations, research, and facilities 
                account of the National Oceanic and Atmospheric 
                Administration. Fees may be collected and made 
                available to the extent provided in advance in 
                appropriation Acts.
                    (C) Setting of fees.--The fees described in 
                subparagraph (A) shall--
                            (i) be set as an amount such that the total 
                        revenue from such fees does not exceed the 
                        amount required to cover the costs of 
                        management, data collection, analysis, 
                        inspection, and enforcement activities related 
                        to permits under this section; and
                            (ii) provide adequate resources to cover 
                        the costs of the inspections required under 
                        section 302(f).
            (2) Waivers.--The Secretary may waive, in whole or in part, 
        any fee under this section if an offshore aquaculture facility 
        is used primarily for research.
            (3) Guarantees.--The Secretary shall require a permit 
        holder to post a bond or other form of financial guarantee in 
        an amount determined by the Secretary, to be reasonable and 
        commensurate with the aquaculture operation and as sufficient 
        to cover, without duplication--
                    (A) any unpaid fees;
                    (B) the cost of removing an offshore aquaculture 
                facility at the expiration or revocation of an offshore 
                aquaculture permit;
                    (C) the cost of site remediation for impacts 
                arising from activities; or
                    (D) any other financial risks identified by the 
                Secretary.
    (k) Magnuson-Stevens Fishery Conservation and Management Act.--
Beginning on the effective date of the final regulations promulgated 
under section 404, the conduct of offshore aquaculture that is in 
accordance with an offshore aquaculture permit issued under this 
section shall not be considered fishing for purposes of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.).
    (l) Compatibility With Other Uses.--Each Federal agency 
implementing this section, person subject to this section, and coastal 
State seeking to review a permit application under this section shall 
comply with the applicable provisions of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.), including regulations promulgated 
to carry out such Act.
    (m) Statutory Construction.--An offshore aquaculture permit issued 
under this section shall not supersede or substitute for any other 
authorization required under Federal or State laws.
    (n) Actions Affecting the Outer Continental Shelf.--
            (1) Notification of secretary of the interior.--The 
        Secretary shall notify the Secretary of the Interior for each 
        application for an offshore aquaculture permit that is located 
        on the outer continental shelf.
            (2) Prior consent required.--An offshore aquaculture 
        facility may not be located on a lease, right-of-use and 
        easement, or right of way authorized or permitted under the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
        without the prior consent of any lessee and other owner of 
        operating interest.
            (3) Compliance review.--The Secretary of the Interior shall 
        review each agreement between a prospective offshore 
        aquaculture operator and a lessee. The Secretary of the 
        Interior shall approve such agreement if it is consistent with 
        the Federal lease terms, Department of the Interior 
        regulations, and the Secretary of the Interior's role in the 
        protection of the marine environment, property, and human life 
        or health. An agreement under this subsection shall--
                    (A) be part of the information reviewed under 
                paragraph (4); and
                    (B) not be subject to a separate Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1451 et seq.) review.
            (4) Coordinated coastal zone management act review.--
                    (A) State review.--
                            (i) In general.--A coastal State's review 
                        under the Coastal Zone Management Act of 1972 
                        (16 U.S.C. 1451 et seq.) shall include any 
                        modification or change to a lessee's approved 
                        plan that results from, or is necessary for, 
                        the issuance of an offshore aquaculture permit 
                        if the State simultaneously receives--
                                    (I) the information related to the 
                                modification or change; and
                                    (II) the offshore aquaculture 
                                permit applicant's consistency 
                                certification.
                            (ii) Simultaneous receipt.--If the coastal 
                        State simultaneously receives the information 
                        related to a modification or change to a 
                        lessee's approved plan and the offshore 
                        aquaculture permit applicant's consistency 
                        certification, then--
                                    (I) a lessee shall not be required 
                                to submit a separate consistency 
                                certification for the modification or 
                                change under section 307(c)(3)(B) of 
                                the Coastal Zone Management Act of 1972 
                                (16 U.S.C. 1456(c)(3)(B)); and
                                    (II) the coastal State's 
                                concurrence (or presumed concurrence) 
                                or objection to the consistency 
                                certification for the offshore 
                                aquaculture permit under section 
                                307(c)(3)(A) of such Act shall apply 
                                both--
                                            (aa) to the offshore 
                                        aquaculture permit; and
                                            (bb) to any related 
                                        modification or change to a 
                                        lessee's plan approved under 
                                        the Outer Continental Shelf 
                                        Lands Act (43 U.S.C. 1331 et 
                                        seq.).
                    (B) State review under section 307(c)(3)(b) of the 
                coastal zone management act of 1972.--To the extent 
                that a coastal State is not authorized by section 
                307(c)(3)(A) of the Coastal Zone Management Act of 1972 
                (16 U.S.C. 1456(c)(3)(A)) to review an offshore 
                aquaculture permit application submitted under this 
                Act, then a modification or change to a lessee's 
                approved plan shall be subject to coastal State review 
                under section 307(c)(3)(B) of such Act if a consistency 
                certification for the modification or change is 
                required under applicable Federal regulations.
                    (C) Definitions.--In this paragraph:
                            (i) Lessee's approved plan.--The term 
                        ``lessee's approved plan'' includes a document 
                        for which a consistency certification is 
                        required under applicable Federal regulations, 
                        such as a change to the approved plan for 
                        decommissioning a facility.
                            (ii) Offshore aquaculture permit 
                        applicant.--The term ``offshore aquaculture 
                        permit applicant'' means an applicant for an 
                        offshore aquaculture permit under this section 
                        that--
                                    (I) will locate the proposed 
                                facility in an area that would require 
                                consent from the lessee as described in 
                                paragraph (2); and
                                    (II) is required to submit a 
                                consistency certification for its 
                                aquaculture application under section 
                                307(c)(3)(A) of the Coastal Zone 
                                Management Act of 1972 (16 U.S.C. 
                                1456(c)(3)(A)) to the coastal State.
                            (iii) Offshore aquaculture permit 
                        application.--The term ``offshore aquaculture 
                        permit application'' means an application for 
                        an offshore aquaculture permit under this 
                        section that will locate the proposed facility 
                        in an area that would require consent from the 
                        lessee as described in paragraph (2).
            (5) Joint and several liability.--For offshore aquaculture 
        located on a facility described under this subsection, a permit 
        holder and each party that is or was a lessee of the lease on 
        which the facility is located during the term of the offshore 
        aquaculture permit shall be jointly and severally liable for 
        the removal of any construction or modification related to the 
        offshore aquaculture operations if a bond or other form of 
        financial guarantee under subsection (j)(3) for aquaculture 
        operations is insufficient to cover those obligations. This 
        paragraph shall not affect any obligation to decommission the 
        facility under the Outer Continental Shelf Lands Act (43 U.S.C. 
        1331 et seq.).
            (6) Additional authority.--
                    (A) In general.--The Secretary of the Interior may, 
                to carry out this subsection--
                            (i) promulgate rules and regulations as 
                        necessary and appropriate;
                            (ii) require and enforce any additional 
                        terms or conditions that the Secretary of the 
                        Interior considers necessary to ensure the 
                        compatibility of aquaculture operations with 
                        activities for which permits, authorizations, 
                        leases, negotiated agreements, right-of-way, or 
                        right-of-use and easement were issued under the 
                        Outer Continental Shelf Lands Act (43 U.S.C. 
                        1331 et seq.);
                            (iii) issue an order to an offshore 
                        aquaculture permit holder to take any action 
                        the Secretary of the Interior considers 
                        necessary to ensure safe operations on the 
                        facility, and to protect the marine 
                        environment, property, or human life or health;
                            (iv) require and enforce any additional 
                        terms or conditions that the Secretary of the 
                        Interior considers necessary--
                                    (I) to protect the marine 
                                environment, property, or human life or 
                                health; and
                                    (II) to ensure the compatibility of 
                                aquaculture operations with activities 
                                for which permits were issued under the 
                                Outer Continental Shelf Lands Act (43 
                                U.S.C. 1331 et seq.); and
                            (v) enforce all requirements contained in 
                        the regulations, lease terms and conditions, 
                        and orders under the Outer Continental Shelf 
                        Lands Act (43 U.S.C. 1331 et seq.).
                    (B) Interpretation.--Failure to comply with any 
                order issued under subparagraph (A)(iii) shall 
                constitute a violation of the Outer Continental Shelf 
                Lands Act (43 U.S.C. 1331 et seq.).
    (o) Assurance of Animal Health.--
            (1) In general.--Nothing in this section shall affect the 
        authority of the Secretary of Agriculture to--
                    (A) carry out the Animal Health Protection Act (7 
                U.S.C. 8301 et seq.) with respect to cultured species 
                in the exclusive economic zone; or
                    (B) operate as the lead Federal agency for 
                providing animal health oversight for cultured species 
                in the exclusive economic zone.
            (2) Criteria for practicing veterinary medicine in waters 
        outside state jurisdiction.--A veterinarian may practice 
        veterinary medicine in waters outside State jurisdiction if the 
        veterinarian--
                    (A) is licensed and in good standing to practice 
                veterinary medicine in any State;
                    (B) holds a category II veterinary accreditation 
                from the Animal and Plant Health Inspection Service 
                that includes completion of aquatic animal health 
                modules of the Animal and Plant Health Inspection 
                Service; and
                    (C) has a valid veterinarian client-patient 
                relationship with the facility in which he or she is 
                practicing veterinary medicine.
    (p) Existing Permits and Applications.--
            (1) In general.--Beginning on the date of enactment, any 
        new permit issued shall be in accordance with the permit 
        authority created by this Act.
            (2) Preexisting permits.--Permits in effect prior to the 
        date of enactment shall remain in effect under the permit 
        authority created by this Act.
            (3) Prioritization of active applications.--A permit 
        application submitted prior to the date of enactment shall be 
        eligible for priority processing under the application 
        authority created by this Act.

SEC. 202. ENTERPRISE ZONES.

    (a) In General.--
            (1) Development.--The Secretary shall develop, consistent 
        with this section, enterprise zones for sustainable offshore 
        aquaculture.
            (2) Consultation with states and territories.--The 
        Secretary shall provide notice to the Governor of every State 
        or territory in the fisheries management region under the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.), regarding proposed enterprise zone 
        locations. When the proposed site is within 100 miles of 
        another such fisheries management region, the Secretary shall 
        provide the same notice to the Governor of every State and 
        territory in that region. Governors may submit comments to the 
        Secretary, and the Secretary shall consult with interested 
        Governors in the development of enterprise zones under this 
        section.
            (3) Regional siting workshops.--The Secretary shall, in 
        each geographical region covered by a Regional Fishery 
        Management Council under the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.), 
        conduct informal workshops as necessary or advisable to solicit 
        public feedback on potential sites for enterprise zones for 
        sustainable offshore aquaculture.
            (4) Preliminary determination.--Based on public feedback 
        under paragraph (3), the Secretary shall make a preliminary 
        determination of areas of the exclusive economic zone that may 
        be highly favorable for offshore aquaculture and likely 
        compatible with other uses of such areas.
            (5) Pilot projects.--In order to test the viability of 
        sustainable offshore aquaculture in an enterprise zone, the 
        Secretary may support demonstration projects in each enterprise 
        zone as warranted and consistent with the national standards 
        for sustainable offshore aquaculture in section 101. Such 
        demonstration projects shall comply with this Act and all 
        applicable Federal law.
            (6) Programmatic environmental impact statements.--If the 
        Secretary determines that further sustainable offshore 
        aquaculture is viable in a particular region, the Secretary 
        shall consider and implement the most efficient process under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.), including programmatic environmental impact 
        statements, to facilitate further sustainable offshore 
        aquaculture, in accordance with the following:
                    (A) Such programmatic environmental impact 
                statements need not cover the entirety of the exclusive 
                economic zone, but the Secretary shall attempt to 
                provide coverage in each area of the exclusive economic 
                zone, including the East Coast, Gulf Coast, West Coast, 
                and other areas of the Atlantic and Pacific in the 
                jurisdiction of the United States.
                    (B) Nothing in this section shall be construed to 
                change, alter, or supersede the requirements of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
    (b) Spatial Data.--To support the implementation of subsection (a), 
the National Oceanic and Atmospheric Administration shall collect and 
curate spatial data relevant to aquaculture, and make such data 
publicly available.
    (c) Effects of Designation.--The enterprise zones established under 
this section shall--
            (1) offer a streamlined path forward for permitting 
        aquaculture facilities;
            (2) provide the ability to conduct research on the 
        individual and cumulative impacts of such operating facilities; 
        and
            (3) determine best practices for inclusion in the reports 
        established in section 405.

                         TITLE III--REFINEMENTS

SEC. 301. PROTECTION OF OFFSHORE AQUACULTURE FACILITIES.

    (a) In General.--The Secretary may promulgate regulations that the 
Secretary determines are reasonable and necessary to protect an 
offshore aquaculture facility. When appropriate, the Secretary shall 
request the Secretary of the department in which the Coast Guard is 
operating to establish a navigational safety zone around an offshore 
aquaculture facility.
    (b) Navigational Safety Zone.--The Secretary of the department in 
which the Coast Guard is operating--
            (1) shall consult with the Secretary of the Interior before 
        designating a navigational safety zone around an offshore 
        aquaculture facility;
            (2) after consultation with the Secretary, the Secretary of 
        State, and the Secretary of Defense, may designate a zone of 
        appropriate size around (and including) an offshore aquaculture 
        facility for the purpose of navigational safety; and
            (3) may define, by regulation, permissible activities 
        within a navigational safety zone.
    (c) Limitations.--No installation, structure, or use will be 
allowed in a navigational safety zone that is incompatible with the 
operation of the offshore aquaculture facility.

SEC. 302. RECORDKEEPING AND ACCESS TO INFORMATION.

    (a) Regulations.--The Secretary, after consultation with other 
interested Federal departments and agencies, shall prescribe by 
regulation--
            (1) the records that an offshore aquaculture permit holder 
        is required to establish and maintain;
            (2) the reports that an offshore aquaculture permit holder 
        is required to make;
            (3) the information that an offshore aquaculture permit 
        holder is required to provide, which shall include--
                    (A) data regarding escape events;
                    (B) the prevalence of disease in the offshore 
                aquaculture facility, including a description of 
                veterinary services provided for treatment; and
                    (C) other information, as the Secretary may 
                require; and
            (4) any other recordkeeping that an offshore aquaculture 
        permit holder is required to satisfy, as necessary to carry out 
        this Act.
    (b) Regulatory Consistency.--The regulations under subsection (a) 
may not amend, contradict, or duplicate regulations under any other 
Federal law.
    (c) Recordkeeping.--An offshore aquaculture permit holder shall--
            (1) comply with the recordkeeping regulations under 
        subsection (a); and
            (2) submit such reports, and make such records and 
        information available as the Secretary may request.
    (d) Public Access.--The Secretary shall make reports and other 
information received under this Act available to the public unless the 
Secretary determines it is necessary to withhold disclosure to protect 
confidential business information and sensitive personal information. 
The Secretary shall establish procedures to protect confidential 
business information and sensitive personal information from being 
disclosed.
    (e) Government Access.--Any Federal Government official with an 
official responsibility for implementing and enforcing Federal law 
applicable to maritime fishing, shipping, or conservation, shall have 
reasonable access, at all times, to an offshore aquaculture facility 
for which a permit is issued under this Act for the purpose of 
enforcing the Federal law under the official's jurisdiction or 
otherwise carrying out the official's responsibilities. Such an 
official may inspect, at reasonable times, records, files, papers, 
permits, processes, controls, and the offshore aquaculture facility and 
may test any feature of the offshore aquaculture facility. Each 
inspection shall be conducted with reasonable promptness. The permit 
holder shall receive timely notification, in writing, of the results of 
the inspection.
    (f) Inspection.--
            (1) Frequency.--The Secretary shall conduct--
                    (A) an annual inspection of offshore aquaculture 
                facilities for which a permit is issued under this Act 
                for the first 5 years after issuance of the permit; and
                    (B) a biennial inspection of such facilities 
                thereafter.
            (2) Notice.--The Secretary shall provide reasonable notice 
        prior to site inspections at offshore aquaculture facilities 
        pursuant to paragraph (1).
            (3) Facilities located on the outer continental shelf.--The 
        Secretary of the Interior, or a designee of such Secretary, is 
        authorized with inspection authority under this section for 
        offshore aquaculture facilities located on the outer 
        continental shelf.

SEC. 303. MARINE FEED STANDARDS.

    The Secretary shall require that any fisheries-derived marine feed 
ingredients (both first use and trimmings) used at offshore aquaculture 
facilities in the exclusive economic zone--
            (1) are sourced from a sustainably managed fishery;
            (2) employ traceability sufficient to credibly demonstrate 
        the ingredients were sourced from a sustainably managed 
        fishery; and
            (3) are sourced from fisheries located in countries without 
        a Tier 3 or Tier 2 Watch List rating as determined by the 
        latest State Department Trafficking in Persons Report, and not 
        from vessels determined by Customs and Border Protection to be 
        engaged in forced labor.

                  TITLE IV--ADMINISTRATIVE PROVISIONS

SEC. 401. OFFICE OF OFFSHORE AQUACULTURE.

    (a) Office of Offshore Aquaculture, Headquarters.--The Secretary 
shall establish and provide resources for an Office of Offshore 
Aquaculture within the National Marine Fisheries Service at the 
National Oceanic and Atmospheric Administration headquarters.
    (b) Office of Offshore Aquaculture, Regional Presence.--The 
Secretary shall establish and provide resources for the Office of 
Offshore Aquaculture to have a presence in each of the regional 
fisheries offices of the National Oceanic and Atmospheric 
Administration. Such presence shall, at a minimum, be sufficient to 
fulfill the duties under subsection (c), but may be increased to the 
extent warranted by the activity and interest of aquaculture 
stakeholders in the region.
    (c) Duties.--The Office of Offshore Aquaculture shall--
            (1) implement this Act;
            (2) coordinate regulatory, scientific, outreach, and 
        international issues related to aquaculture within the National 
        Oceanic and Atmospheric Administration;
            (3) coordinate offshore aquaculture outreach, education, 
        extension services, and training efforts with the lead Federal 
        agency, the Department of Agriculture, with respect to national 
        aquaculture information; and
            (4) maintain aquaculture divisions in each of the regional 
        fisheries offices of the National Oceanic and Atmospheric 
        Administration, including at least one Administration Regional 
        Aquaculture Coordinator in each such office.
    (d) Offshore Aquaculture Subcommittee.--The Marine Fisheries 
Advisory Committee shall designate the ``Offshore Aquaculture 
Subcommittee'' as a permanent, standing subcommittee to serve as an 
external board to advise the Secretary on aquaculture. The Offshore 
Aquaculture Subcommittee shall coordinate with the National Sea Grant 
Advisory Board, as appropriate.
    (e) Coordination.--The Office of Offshore Aquaculture shall 
coordinate its activities with the Offshore Aquaculture Subcommittee.
    (f) Budget Presentation.--The National Oceanic and Atmospheric 
Administration shall transmit its budget request for the Office of 
Aquaculture as a separate line with the National Marine Fisheries 
Service.

SEC. 402. DOMESTIC AQUACULTURE PRODUCTION.

    (a) In General.--The Secretary of Agriculture shall support the 
development of sustainable aquaculture, consistent with this Act and 
other applicable Federal law.
    (b) Marketing and Promotion Grants.--The Secretary of Agriculture 
shall, in consultation with industry and the Department of Commerce, 
establish and administer a grant program to support the sale of 
cultured species domestically and internationally.
    (c) Workforce Development.--The Secretary of Agriculture shall, in 
consultation with industry and academic institutions, develop and 
manage a grant program to support the education and training of 
individuals with the skills needed to manage and operate aquaculture 
facilities.
    (d) Regional Offshore Aquaculture Expertise Networks.--The 
Secretary shall organize through each regional fisheries office of the 
National Oceanic and Atmospheric Administration a network of regional 
experts and Federal agency contacts, in coordination with relevant 
organizations (including the National Sea Grant College Program under 
the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.), 
the Department of Agriculture Regional Aquaculture Centers, land-grant 
universities, and the Cooperative Extension System of the Department of 
Agriculture) to provide technical expertise and extension services on 
offshore aquaculture and information on Federal permit requirements.
    (e) Aquaculture Database.--
            (1) Establishment and maintenance.--The Secretary of 
        Agriculture shall establish and maintain an aquaculture 
        database. The aquaculture database shall include information on 
        research, technologies, monitoring techniques, best practices, 
        and advisory board recommendations.
            (2) Privacy and confidentiality.--The Secretary shall make 
        the aquaculture database available in a manner that safeguards 
        confidential business information and guarantees respondents to 
        information requests that individual information will be kept 
        confidential. The inclusion of information in the database 
        under this subsection shall not be considered to be publication 
        for purposes of subsection (a) or (b) of section 102 of title 
        35, United States Code.
            (3) Existing data sources.--In carrying out this 
        subsection, the Secretary of Agriculture shall utilize 
        preexisting data sources, including information obtained by the 
        National Agricultural Statistics Service, and information 
        services described under section (5)(c) of the National 
        Aquaculture Act of 1980 (16 U.S.C. 2804(c)).

SEC. 403. OUTREACH AND EDUCATION FOR OFFSHORE AQUACULTURE.

    The Secretary, in coordination with the Secretary of the Department 
of Agriculture, shall conduct outreach on sustainable offshore 
aquaculture to promote understanding, science-based decision making, 
and commercial adoption. The Secretary, and Secretary of Agriculture, 
shall use appropriate means to engage--
            (1) the general public;
            (2) community leaders;
            (3) governmental officials;
            (4) the business community;
            (5) the academic community; and
            (6) the nonprofit sector.

SEC. 404. ADMINISTRATION.

    (a) Regulations.--The Secretary--
            (1) shall initiate a rulemaking process, not later than 1 
        year after the date of enactment of this Act, after consulting 
        with relevant Federal agencies, coastal States, Indian Tribal 
        governments within the meaning of such term in Executive Order 
        13175 (65 Fed. Reg. 67249), the Commonwealth of Puerto Rico, 
        American Samoa, the United States Virgin Islands, Guam, the 
        Commonwealth of the Northern Mariana Islands, and Regional 
        Fishery Management Councils as established under section 302 of 
        the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1852), to implement this Act, including--
                    (A) procedures to issue, modify, deny, revoke, or 
                suspend an offshore aquaculture permit in accordance 
                with this Act;
                    (B) procedures to coordinate the offshore 
                aquaculture permitting process, with similar or 
                complementary activities administered by other Federal 
                agencies, Tribal governments, and coastal States;
                    (C) procedures to monitor and evaluate permit 
                compliance to verify and confirm compliance with the 
                requirements of this Act;
                    (D) procedures to transfer an offshore aquaculture 
                permit from an original permit holder to a person that 
                meets the requirements under section 201;
                    (E) procedures to minimize, as much as practicable, 
                conflicts with existing uses in the exclusive economic 
                zone;
                    (F) procedures to consider public-private 
                partnerships; and
                    (G) standards for determining what types of feed 
                may be employed in an offshore aquaculture facility in 
                accordance with the requirements of section 303;
            (2) shall promulgate such additional regulations as are 
        necessary and appropriate to carry out this Act; and
            (3) may amend a regulation, at any time, and the amended 
        regulation shall apply, as of its effective date, to each 
        offshore aquaculture permit issued under this Act, regardless 
        of the date the permit was issued.
    (b) Agreements.--The Secretary may enter into and perform such 
contracts, leases, or cooperative agreements, and make and receive such 
grants or funds, as may be necessary to carry out this Act.
    (c) Use of Contributed Governmental Resources.--For enforcement 
under this Act, the Secretary may use, with consent and with or without 
reimbursement, the land, services, equipment, personnel, and facilities 
of--
            (1) any department, agency, or instrumentality of the 
        United States;
            (2) any State, local government, Indian Tribal government, 
        Territory, or possession (or any political subdivision 
        thereof);
            (3) any foreign government; or
            (4) international organization.
    (d) Authority To Use Grant Funds.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary may apply for, accept, and obligate research 
        grant funding from any Federal source operating a competitive 
        grant program if the funding furthers the purposes of this Act.
            (2) Exception.--The Secretary may not apply for, accept, or 
        obligate any research grant funding under paragraph (1) if the 
        granting agency lacks authority to grant funds to Federal 
        agencies or for any purpose, or subject to any condition, that 
        is prohibited by law or regulation.
            (3) Matching grant funds.--Appropriated funds may be used 
        to satisfy a requirement to match grant funds with recipient 
        agency funds, except that no grant may be accepted that 
        requires a commitment in advance of appropriations.
            (4) Accounts.--Funds received from a grant shall be 
        deposited in the National Oceanic and Atmospheric 
        Administration account that serves to accomplish the purpose 
        for which the grant was awarded.
    (e) Reservation of Authority.--Nothing in this Act shall be 
construed to displace, supersede, or limit the jurisdiction, 
responsibilities, or rights of any Federal or State agency, or Indian 
Tribe or Alaska Native organization, under any Federal law or treaty.

SEC. 405. REPORT.

    (a) Report.--Not later than 5 years after the date of enactment of 
this Act, the Secretary shall issue a report to the Chairman and 
Ranking Member of the Committee on Commerce, Science, and 
Transportation and Committee on Agriculture, Nutrition, and Forestry of 
the Senate and the Committee on Natural Resources and Committee of 
Agriculture of the House of Representatives regarding implementation of 
this Act. The report shall include--
            (1) the number of offshore aquaculture permits applied for, 
        granted, denied, and retired, together with a brief description 
        of the circumstances of each;
            (2) any and all enforcement actions undertaken, and the 
        disposition of each;
            (3) the number of enterprise zones established under 
        section 202, together with a brief description of the 
        circumstances of each;
            (4) results from any grants awarded under this Act;
            (5) the Secretary's assessment of the state of aquaculture 
        and offshore aquaculture in the United States;
            (6) the Secretary's assessment of United States aquaculture 
        and offshore aquaculture in comparison to aquaculture in other 
        nations; and
            (7) the Secretary's recommendations to improve United 
        States aquaculture and offshore aquaculture.
    (b) Determination Regarding Permits.--In addition to the 
requirements of subsection (a), the Secretary may make the following 
determinations regarding permit terms for offshore aquaculture:
            (1) The effect of shortening or lengthening permit terms on 
        the risk of harm to the environment.
            (2) The effect of shortening or lengthening permit terms on 
        industry's access to capital markets.
            (3) Whether a change to the permit terms established in 
        this Act is warranted.

SEC. 406. EXTENSION OF PERMIT TERMS.

    Upon a determination by the Secretary that a change to permit terms 
established under this Act is warranted, the Secretary is authorized to 
extend the terms of offshore aquaculture permits as follows:
            (1) An offshore aquaculture permit term under section 
        201(e)(1) may be extended to a maximum of an additional 15 
        years subsequent to a renewal issued under section 201(f).
            (2) An offshore aquaculture permit term under section 
        201(e)(2)(A) may be extended to a maximum of an additional 25 
        years subsequent to a renewal issued under section 201(f).

SEC. 407. INTERAGENCY COORDINATION OF OFFSHORE AQUACULTURE.

    (a) In General.--The Secretary of Commerce shall coordinate with 
the Department of the Interior, the Department of Agriculture, the 
Environmental Protection Agency, the Army Corps of Engineers, and the 
department in which the U.S. Coast Guard is operating to simplify the 
Federal regulatory regime for sustainable offshore aquaculture and 
safeguarding the marine environment, wild fish stocks, and coastal 
communities. The Secretaries of the Interior, Agriculture, and the 
department in which the U.S. Coast Guard is operating, the 
Administrator of the Environmental Protection Agency, and the Chief of 
Engineers shall cooperate with the Secretary of Commerce to implement 
this section.
    (b) Unified Permitting and Review Process.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretaries of Commerce, Interior, 
        Agriculture, and the department in which the U.S. Coast Guard 
        is operating, the Administrator of the Environmental Protection 
        Agency, and the Chief of Engineers shall, through the Secretary 
        of Commerce, initiate a rulemaking for a unified permit 
        application, public notice, public comment, and Federal agency 
        comment period for all permits administered by such agency 
        heads relating to offshore aquaculture.
            (2) Outreach.--The Secretary of Commerce, through the 
        National Oceanic and Atmospheric Administration, shall serve as 
        the lead Federal agency for purposes of providing information 
        on Federal permitting requirements for aquaculture in Federal 
        waters.
            (3) Informal review and compatibility analysis.--The 
        Secretary of Commerce, acting through the National Oceanic and 
        Atmospheric Administration, shall convene representatives of 
        the Department of the Interior, the Department of Agriculture, 
        the Environmental Protection Agency, the Army Corps of 
        Engineers, and the Department in which the U.S. Coast Guard is 
        operating to provide prospective permit applicants an 
        opportunity for informal consultation with Federal agencies. 
        The Secretary of Commerce may invite representatives from other 
        Federal agencies as necessary or advisable. Nothing in this 
        subsection shall preclude an applicant or a prospective 
        applicant from contacting Federal agencies directly.
            (4) Environmental analysis.--To the extent allowable under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.), any environmental analysis or environmental impact 
        statement required under such Act for offshore aquaculture 
        activities shall be conducted through a single, consolidated 
        environmental review and the National Oceanic and Atmospheric 
        Administration, through the Office of Aquaculture and 
        associated divisions, shall serve as the lead Federal agency.
            (5) Coordination of permit reviews.--To the extent 
        practicable under this Act and all other applicable laws and 
        regulations, Federal agencies with permitting requirements 
        applicable to offshore aquaculture facilities shall coordinate 
        their review processes in order to provide a timely responses 
        to applicants.

SEC. 408. PROHIBITED ACTS.

    It is unlawful for any person--
            (1) to violate any provision of this Act or any regulation 
        or permit issued pursuant to this Act;
            (2) to refuse to permit any officer authorized to enforce 
        the provisions of this Act (in accordance with section 408) to 
        access an offshore aquaculture facility, associated onshore 
        facility, vessel, or other conveyance, subject to such person's 
        control, for purposes of conducting any search or inspection in 
        connection with the enforcement of this Act;
            (3) to assault, resist, oppose, impede, intimidate, or 
        interfere with any such authorized officer in the conduct of 
        any search or inspection described in paragraph (2);
            (4) to resist a lawful arrest for any act prohibited by 
        this section;
            (5) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control, or possession of, any 
        fish produced, taken, retained, or possessed in violation of 
        this Act;
            (6) to interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this section;
            (7) to make or submit to the Secretary or the Governor of a 
        State false information regarding any matter that the Secretary 
        or Governor is considering in the course of carrying out this 
        Act; or
            (8) without authorization, to remove, damage, or tamper 
        with or attempt to remove, damage, or tamper with--
                    (A) an offshore aquaculture facility owned by 
                another person, which is located in the exclusive 
                economic zone, including any component thereof; or
                    (B) cultured species contained in such facility or 
                component thereof.

SEC. 409. ENFORCEMENT.

    (a) Responsibility.--The provisions of this Act shall be enforced 
by the Secretary and the Secretary of the department in which the Coast 
Guard is operating. In enforcing this Act, such Secretaries may by 
agreement utilize, on a reimbursable or nonreimbursable basis, the 
personnel, services, equipment (including aircraft and vessels), and 
facilities of any other Federal agency, including all elements of the 
Department of Defense, or of any State agency. Such Secretaries shall, 
and the head of any Federal or State agency that has entered into an 
agreement with either such Secretary under this section may (if the 
agreement so provides), authorize officers to enforce the provisions of 
this Act or any regulation promulgated under this Act.
    (b) Powers of Authorized Officers.--Any officer who is authorized 
under subsection (a) to enforce the provisions of this Act may, with or 
without a warrant or other process, as authorized by law--
            (1) arrest any person, if the officer has reasonable cause 
        to believe that such person has committed an act prohibited by 
        section 408;
            (2) board, search or inspect, any offshore aquaculture 
        facility, associated onshore facility, vessel, or other 
        conveyance (including its gear, furniture, appurtenances, 
        stores, records, and cargo) which is subject to the provisions 
        of this Act;
            (3) seize any vessel, or other conveyance (together with 
        its gear, furniture, appurtenances, stores, records, and cargo) 
        used or employed in, or with respect to which it reasonably 
        appears that such vessel was used or employed in, the violation 
        of any provision of this Act;
            (4) seize any fish (wherever found) taken, produced, 
        imported, exported, transported, sold, received, acquired, or 
        purchased in any manner, in connection with or as a result of 
        the violation of any provision of this Act;
            (5) seize any evidence related to any violation of any 
        provision of this Act;
            (6) detain any fish or fish product to determine compliance 
        with this Act;
            (7) search and seize, in accordance with any guidelines 
        which may be issued by the Attorney General;
            (8) access, directly or indirectly, for enforcement 
        purposes any data or information required to be provided under 
        this Act or regulations promulgated under this Act, including 
        data from vessel or facility monitoring systems, automatic 
        identification systems, long-range identification and tracking 
        systems, or any similar system;
            (9) execute and serve any subpoena, arrest warrant, search 
        warrant issued in accordance with Rule 41 of the Federal Rules 
        of Criminal Procedure, or other warrant or civil or criminal 
        process issued by any officer or court of competent 
        jurisdiction; and
            (10) exercise any other lawful authority.
    (c) Issuance of Citations.--If any authorized officer finds that a 
person, offshore aquaculture facility, associated onshore facility, 
vessel, or other conveyance is engaging or has been engaged in the 
violation of any provision of this Act, such officer may issue a 
citation to the owner or operator of such vessel in lieu of proceeding 
under subsections (f), (g), or (h). If a permit has been issued 
pursuant to this Act for such facility or conveyance, such officer 
shall note the issuance of any citation under this subsection, 
including the date thereof and the reason therefor, on the permit. The 
Secretary shall maintain a record of all citations issued pursuant to 
this subsection.
    (d) Subpoenas.--For the purposes of conducting any investigation or 
hearing under this Act, or any other marine resource law enforced by 
the Secretary, the Secretary may issue subpoenas for the attendance and 
testimony of witnesses and the production of relevant papers, 
photographs, records, books, and documents in any form, including those 
in electronic, optical or magnetic form, and may administer oaths. 
Witnesses summoned shall be paid the same fees and mileage that are 
paid to witnesses in the courts of the United States. In case of 
contempt or refusal to obey a subpoena served upon any person pursuant 
to this subsection, the district court of the United States for any 
district in which such person is found, resides, or transacts business, 
upon application by the United States and after notice to such person, 
shall have jurisdiction to issue an order requiring such person to 
appear and give testimony before the Secretary or to appear and produce 
documents before the Secretary, or both, and any failure to obey such 
order of the court may be punished by such court as a contempt thereof.
    (e) District Court Jurisdiction.--The several district courts of 
the United States shall have jurisdiction over any actions arising 
under this Act. For purposes of this section, for Hawaii or any 
possession of the United States in the Pacific Ocean, the appropriate 
court is the United States District Court for the District of Hawaii, 
except that in the case of Guam and Wake Island, the appropriate court 
is the United States District Court for the District of Guam, and in 
the case of the Northern Mariana Islands, the appropriate court is the 
United States District Court for the District of the Northern Mariana 
Islands. Each violation shall be a separate offense and the offense 
shall be deemed to have been committed not only in the district where 
the violation first occurred, but also in any other district as 
authorized by law. Any offenses not committed in any district are 
subject to the venue provisions of section 3238 of title 18, United 
States Code.
    (f) Civil Enforcement.--
            (1) Civil administrative penalties.--
                    (A) In general.--Any person who is found by the 
                Secretary, after notice and opportunity for a hearing 
                in accordance with section 554 of title 5, United 
                States Code, to have committed an act prohibited by 
                section 408 shall be liable to the United States for a 
                civil penalty. The amount of the civil penalty shall 
                not exceed the amount specified in section 308(a) of 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1858(a)) for each violation. 
                Each day of a continuing violation shall constitute a 
                separate offense. The amount of such civil penalty 
                shall be assessed by the Secretary, by written notice. 
                In determining the amount of such penalty, the 
                Secretary shall take into account the nature, 
                circumstances, extent, and gravity of the prohibited 
                acts committed and, with respect to the violator, the 
                degree of culpability, any history of prior offenses, 
                and such other matters as justice may require. In 
                assessing such penalty the Secretary may also consider 
                any information provided by the violator relating to 
                the ability of the violator to pay, provided that the 
                information is served on the Secretary at least 30 days 
                prior to an administrative hearing.
                    (B) Compromise or other action by secretary.--The 
                Secretary may compromise, modify, or remit, with or 
                without conditions, any civil administrative penalty 
                which is or may be imposed under this subsection and 
                that has not been referred to the Attorney General for 
                further enforcement action.
            (2) In rem jurisdiction.--An offshore aquaculture facility, 
        associated onshore facility, vessel, or other conveyance 
        (including its gear, furniture, appurtenances, stores, records, 
        and cargo) used in the commission of an act prohibited by 
        section 408 shall be liable in rem for any civil penalty 
        assessed for such violation under this section and may be 
        proceeded against in any district court of the United States 
        having jurisdiction thereof.
            (3) Collection of administrative penalties.--If any person 
        fails to pay an assessment of a civil penalty under paragraph 
        (1) after it has become a final and unappealable order, the 
        Secretary shall refer the matter to the Attorney General, who 
        shall recover the amount assessed (plus interest at current 
        prevailing rates from the date of the final order) in any 
        appropriate district court of the United States. In such 
        action, the validity and appropriateness of the final order 
        imposing the civil penalty shall not be subject to review. Any 
        person who fails to pay, on a timely basis, the amount of an 
        assessment of a civil penalty shall be required to pay, in 
        addition to such amount and interest, attorney's fees and costs 
        for collection proceedings and a quarterly nonpayment penalty 
        for each quarter during which such failure to pay persists. 
        Such nonpayment penalty shall be in an amount equal to 20 
        percent of the aggregate amount of such person's penalties and 
        nonpayment penalties that are unpaid as of the beginning of 
        such quarter.
            (4) Permit sanctions.--
                    (A) In general.--With respect to any case in which 
                an offshore aquaculture facility, associated onshore 
                facility, vessel, or other conveyance was used in the 
                commission of an act prohibited under section 408, the 
                owner or operator of an offshore aquaculture facility, 
                associated onshore facility, vessel, or other 
                conveyance (or any other person who has been issued or 
                has applied for a permit under this Act), has acted in 
                violation of section 408, or any civil penalty, 
                criminal fine, or amount in settlement of a civil 
                forfeiture imposed under this Act on a person, offshore 
                aquaculture facility, associated onshore facility, 
                vessel, or other conveyance that has been issued or has 
                applied for a permit under this Act has not been paid 
                and is overdue, the Secretary may--
                            (i) revoke any permit issued with respect 
                        to such person, offshore aquaculture facility, 
                        associated onshore facility, vessel, other 
                        conveyance, with or without prejudice to the 
                        issuance of subsequent permits;
                            (ii) suspend such permit for a period of 
                        time considered by the Secretary to be 
                        appropriate;
                            (iii) deny such permit; or
                            (iv) impose additional conditions and 
                        restrictions on such permit.
                    (B) Considerations.--In imposing a sanction under 
                this paragraph, the Secretary shall take into account 
                the nature, circumstances, extent, and gravity of the 
                prohibited acts for which the sanction is imposed and, 
                with respect to the violator, the degree of 
                culpability, any history of prior offenses, and such 
                other matters as justice may require.
                    (C) Effect of transfer of ownership.--Transfer of 
                ownership of an offshore aquaculture facility, 
                associated onshore facility, vessel, or other 
                conveyance, by sale or otherwise, shall not extinguish 
                any permit sanction that is in effect or is pending at 
                the time of transfer of ownership. Before executing the 
                transfer of ownership of a facility or conveyance, by 
                sale or otherwise, the owner shall disclose in writing 
                to the prospective transferee the existence of any 
                permit sanction that will be in effect or pending with 
                respect to the facility or conveyance at the time of 
                the transfer.
                    (D) Payment of penalty or fine.--In the case of any 
                permit that is suspended under this paragraph for 
                nonpayment of a civil penalty or criminal fine, the 
                Secretary shall reinstate the permit upon payment of 
                the penalty or fine and interest thereon at the 
                prevailing rate.
                    (E) Hearing.--No sanction shall be imposed under 
                this paragraph unless there has been a prior 
                opportunity for a hearing on the facts underlying the 
                violation for which the sanction is imposed, either in 
                conjunction with a civil penalty proceeding under this 
                section or otherwise.
            (5) Review of civil penalty.--Any person against whom a 
        civil penalty is assessed under this subsection or against whom 
        a permit sanction is imposed under this subsection (other than 
        a permit suspension for nonpayment of penalty or fine) may 
        obtain review thereof in the United States district court for 
        the appropriate district by filing a complaint against the 
        Secretary in such court within 30 days from the date of such 
        order that constitutes a final agency action. The Secretary 
        shall promptly file in such court a certified copy of the 
        record upon which such violation was found or such penalty 
        imposed, as provided in section 2112 of title 28, United States 
        Code. The findings and order of the Secretary shall be set 
        aside by such court if they are not found to be supported by 
        substantial evidence, as provided in section 706(2) of title 5, 
        United States Code.
            (6) Injunctive relief.--Upon the request of the Secretary, 
        the Attorney General of the United States may commence a civil 
        action for appropriate relief, including a permanent or 
        temporary injunction, for any violation of this Act (including 
        regulations).
    (g) Forfeiture.--
            (1) Criminal forfeiture.--
                    (A) In general.--A person who is convicted of an 
                offense in violation of this Act shall forfeit to the 
                United States--
                            (i) any property, real or personal, 
                        constituting or traceable to the gross proceeds 
                        taken, obtained, or retained, in connection 
                        with or as a result of the offense, including, 
                        without limitation, any fish (or the fair 
                        market value thereof); and
                            (ii) any property, real or personal, used 
                        or intended to be used, in any manner, to 
                        commit or facilitate the commission of the 
                        offense, including, without limitation, any 
                        vessel (including the vessel's equipment, 
                        stores, catch and cargo), vehicle, aircraft, or 
                        other means of transportation.
                    (B) Applicability of controlled substances act.--
                Pursuant to section 2461(c) of title 28, United States 
                Code, the provisions of section 413 of the Controlled 
                Substances Act (21 U.S.C. 853) other than subsection 
                (d) thereof shall apply to criminal forfeitures under 
                this section.
            (2) Civil forfeiture.--
                    (A) In general.--The property set forth below shall 
                be subject to administrative or judicial forfeiture to 
                the United States in accordance with the provisions of 
                chapter 46 of title 18, United States Code, and no 
                property right shall exist in it:
                            (i) Any property, real or personal, 
                        constituting or traceable to the gross proceeds 
                        taken, obtained, or retained, in connection 
                        with or as a result of a violation of this Act, 
                        including, without limitation, any fish (or the 
                        fair market value thereof).
                            (ii) Any property, real or personal, used 
                        or intended to be used, in any manner, to 
                        commit or facilitate the commission of a 
                        violation of this Act, including, without 
                        limitation, any vessel (including the vessel's 
                        equipment, stores, catch and cargo), vehicle, 
                        aircraft, or other means of transportation.
                    (B) Application of the customs laws.--All 
                provisions of law relating to seizure, summary 
                judgment, and forfeiture and condemnation for violation 
                of the customs laws, the disposition of the property 
                forfeited or condemned or the proceeds from the sale 
                thereof, the remission or mitigation of such 
                forfeitures, and the compromise of claims shall apply 
                to seizures and forfeitures incurred, or alleged to 
                have been incurred, under the provisions of this Act, 
                insofar as applicable and not inconsistent with the 
                provisions hereof. For seizures and forfeitures of 
                property under this section by the Secretary, such 
                duties as are imposed upon the customs officer or any 
                other person with respect to the seizure and forfeiture 
                of property under the customs law may be performed by 
                such officers as are designated by the Secretary or, 
                upon request of the Secretary, by any other agency that 
                has authority to manage and dispose of seized property.
                    (C) Presumption.--For the purposes of this section 
                there is a rebuttable presumption that all fish, or 
                components thereof, found in an offshore aquaculture 
                facility or on board a vessel a vessel or other 
                conveyance that is used or seized in connection with a 
                violation of this Act were produced, taken, obtained, 
                transported, or retained in violation of this Act.
    (h) Criminal Enforcement.--
            (1) Imprisonment.--Any person (other than a foreign 
        government agency, or entity wholly owned and controlled by a 
        foreign government) who knowingly commits any act prohibited 
        under section 408 shall be imprisoned for not more than 5 years 
        or fined not more than $500,000 for individuals or $1,000,000 
        for an organization, or both, except that, if in the commission 
        of any such offense the individual uses a dangerous weapon, 
        engages in conduct that causes bodily injury to any officer 
        authorized to enforce the provisions of this Act, or places any 
        such officer in fear of imminent bodily injury, the maximum 
        term of imprisonment is not more than 10 years.
            (2) Fine and imprisonment.--Any person (other than a 
        foreign government agency, or entity wholly owned and 
        controlled by a foreign government) who violates a provision 
        under section 408 and who, in the exercise of due care should 
        know that such person's conduct violates such provision, shall 
        be fined under title 18, United States Code, or imprisoned not 
        more than one year, or both.
    (i) Joint Enforcement Agreements.--
            (1) In general.--The Governor of an eligible State may 
        apply to the Secretary for execution of a joint enforcement 
        agreement with the Secretary that will authorize the 
        deputization and funding of State law enforcement officers with 
        marine law enforcement responsibilities to perform duties of 
        the Secretary relating to law enforcement provisions under this 
        title or any other marine resource law enforced by the 
        Secretary. Upon receiving an application meeting the 
        requirements of this subsection, the Secretary may enter into a 
        joint enforcement agreement with the requesting State.
            (2) Eligible state.--A State is eligible to participate in 
        the cooperative enforcement agreements under this section if it 
        is in, or bordering on, the Atlantic Ocean (including the 
        Caribbean Sea), the Pacific Ocean, the Arctic Ocean, the Gulf 
        of Mexico, Long Island Sound, or 1 or more of the Great Lakes.
            (3) Requirements.--Joint enforcement agreements executed 
        under paragraph (1)--
                    (A) shall be consistent with the purposes and 
                intent of this section to the extent applicable to the 
                regulated activities;
                    (B) may include specifications for joint management 
                responsibilities as provided by the first section of 
                Public Law 91-412 (15 U.S.C. 1525); and
                    (C) shall provide for confidentiality of data and 
                information submitted to the State under this Act.
            (4) Allocation of funds.--The Secretary shall include in 
        each joint enforcement agreement an allocation of funds to 
        assist in management of the agreement. The allocation shall be 
        fairly distributed among all eligible States participating in 
        cooperative enforcement agreements under this subsection, based 
        upon consideration of Federal marine enforcement needs, the 
        specific marine conservation enforcement needs of each 
        participating eligible State, and the capacity of the State to 
        undertake the marine enforcement mission and assist with 
        enforcement needs. The agreement may provide for amounts to be 
        withheld by the Secretary for the cost of any technical or 
        other assistance provided to the State by the Secretary under 
        the agreement.

SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for the 
purpose of carrying out this title--
            (1) $60,000,000 for fiscal year 2020;
            (2) $65,000,000 for fiscal year 2021;
            (3) $70,000,000 for fiscal year 2022;
            (4) $75,000,000 for fiscal year 2023; and
            (5) $80,000,000 for fiscal year 2024.

                   TITLE V--RESEARCH AND DEVELOPMENT

SEC. 501. RESEARCH AND DEVELOPMENT GRANT PROGRAMS.

    Subtitle L of the National Agricultural Research, Extension, and 
Teaching Act of 1977 (7 U.S.C. 3321 et seq.) is amended by inserting 
after section 1475 (7 U.S.C. 3322) the following:

``SEC. 1476. RESEARCH AND EXTENSION PROGRAM.

    ``(a) Aquaculture Research and Extension.--The Secretary shall 
establish, in consultation with the Secretary of Commerce and other 
applicable Federal agencies, coastal States, Tribal governments, 
Regional Fishery Management Councils, academic institutions, and 
interested stakeholders, a research and development grant program for 
purposes of--
            ``(1) creating innovative design and engineering solutions 
        to common obstacles within the aquaculture industry;
            ``(2) enabling the transition of innovative aquaculture 
        technologies, including technologies focused on the 
        commercialization of high-value marine species, from laboratory 
        studies to commercial use;
            ``(3) evaluating the role of genetics in relation to brood 
        stock production, disease management, and interactions between 
        cultured species and wild stocks;
            ``(4) advancing research into the management, mitigation, 
        and prevention of cultured species diseases;
            ``(5) developing cost-effective feeds to optimize the use 
        of wild fish, fish oil, plants, and sources of protein and 
        lipids in aquaculture feeds and maintain the human health 
        benefits of cultured seafood;
            ``(6) improving techniques for monitoring, assessing, and 
        addressing environmental impacts of aquaculture and develop and 
        evaluate methodologies to prevent, minimize, and mitigate 
        potential adverse environmental impacts;
            ``(7) evaluating the potential for aquaculture to serve as 
        a tool for environmental management, including connections to 
        water quality, watershed management, and fishery conservation 
        and management;
            ``(8) evaluating the potential impact of offshore 
        aquaculture on the economies of coastal communities, 
        particularly those dependent on traditional fishery resources;
            ``(9) identifying barriers to entry in the offshore 
        aquaculture industry and propose solutions to overcome them;
            ``(10) studying the traditional aquaculture methods and 
        practices of Native Americans, Alaska Natives, and Native 
        Hawaiians to evaluate economic, environmental, and sociological 
        impacts; and
            ``(11) investigating other priority issues identified by 
        the Secretary.
    ``(b) Priority.--In making grants under this section, the Secretary 
shall give priority to--
            ``(1) 1890 Institutions (as defined in section 2 of the 
        Agricultural Research, Extension, and Education Reform Act of 
        1998 (7 U.S.C. 7601));
            ``(2) 1994 Institutions (as defined in section 532 of the 
        Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 
        301 note; Public Law 103-382)); and
            ``(3) Hispanic-serving institutions (as defined in section 
        1404 of the National Agricultural Research, Extension, and 
        Teaching Policy Act of 1977 (7 U.S.C. 3103)).
    ``(c) Coordination With Other Federal Programs.--The Secretary 
shall--
            ``(1) coordinate aquaculture research and development 
        grants with other Federal programs that provide grant funding 
        for purposes similar to those under subsection (a); and
            ``(2) coordinate the research and development grant program 
        established in this section with the interagency aquaculture 
        coordinating group established under section 6 of the National 
        Aquaculture Act of 1980 (16 U.S.C. 2805) and with the research 
        and development conducted through the Cooperative Extension 
        System of the Department of Agriculture.
    ``(d) Cooperative Research Agreement.--To carry out this section, 
the Secretary may enter into a cooperative agreement with a State, 
institution of higher education, or other private institution or 
research center.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section 
for the period of fiscal years 2021 through 2025.''.
                                 <all>