[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5944 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5944

 To require the Administrator of the National Oceanic and Atmospheric 
    Administration to establish an assessment program for offshore 
aquaculture, to establish Aquaculture Centers of Excellence, to require 
              a study and report, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 12, 2023

  Ms. Mace (for herself, Mr. Panetta, and Ms. Pingree) introduced the 
                             following bill

                            October 25, 2023

Referred to the Committee on Natural Resources, and in addition to the 
 Committee on Education and Workforce, 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 require the Administrator of the National Oceanic and Atmospheric 
    Administration to establish an assessment program for offshore 
aquaculture, to establish Aquaculture Centers of Excellence, to require 
              a study and report, 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.

    This Act may be cited as the ``Science-based Equitable Aquaculture 
Food Act'' or the ``SEAfood Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanographic and Atmospheric 
        Administration.
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Environment and Public Works 
                of the Senate;
                    (C) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (D) the Committee on Natural Resources of the House 
                of Representatives;
                    (E) the Committee on Agriculture of the House of 
                Representatives; and
                    (F) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            (3) Community with environmental justice concerns.--The 
        term ``community with environmental justice concerns'' means a 
        community with significant representation of any of the 
        following:
                    (A) Individuals who reside in a census block group 
                in which 30 percent or more of the population are 
                individuals with an annual household income that does 
                not exceed the greater of--
                            (i) an amount equal to 80 percent of the 
                        median income of the area in which the 
                        household is located, as reported by the 
                        Secretary of Housing and Urban Development; or
                            (ii) 200 percent of the Federal poverty 
                        line.
                    (B) Individuals who reside in a geographically 
                distinct area in which the population of any of the 
                following categories of individuals is higher than the 
                average population of that category for the State in 
                which the community is located:
                            (i) Black.
                            (ii) African American.
                            (iii) Asian.
                            (iv) Pacific Islander.
                            (v) Other non-White race.
                            (vi) Hispanic.
                            (vii) Latino.
                            (viii) Linguistically isolated.
                    (C) Members of a Tribal or Indigenous community.
            (4) Council coordination committee.--The term ``Council 
        Coordination Committee'' means the committee established under 
        section 302(l) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1852(l)).
            (5) Covered institution.--The term ``covered institution'' 
        means--
                    (A) a minority-serving institution;
                    (B) a historically Black college or university; or
                    (C) a Tribal College or University.
            (6) Escape.--The term ``escape'' means the escape of 
        juvenile- or adult-farmed organisms, viable gametes, or 
        fertilized eggs spawned by farmed organisms from offshore 
        aquaculture facilities.
            (7) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning given that term in section 3 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1802).
            (8) Historically black college or university.--The term 
        ``historically Black college or university'' has the meaning 
        given the term ``part B institution'' in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061).
            (9) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (10) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (11) Minority-serving institution.--The term ``minority-
        serving institution'' means an eligible institution described 
        in paragraph (2), (4), (5), (6), or (7) of section 371(a) of 
        the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
            (12) Offshore aquaculture.--The term ``offshore 
        aquaculture'' means aquaculture conducted in the exclusive 
        economic zone.
            (13) Specially affected adjacent coastal jurisdiction.--The 
        term ``specially affected adjacent coastal jurisdiction'' 
        means, with respect to any activity proposed, conducted, or 
        approved by the Administrator under section 4, any coastal 
        State land or coastal Tribal land--
                    (A) that is adjacent to, or the waters of which are 
                adjacent to, the Federal waters in which such activity 
                is conducted;
                    (B) that is used, or is scheduled to be used, as a 
                support base for such activity; and
                    (C) for which there is a reasonable probability of 
                significant effect on uses of land or water from such 
                activity.
            (14) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each commonwealth, 
        territory, or possession of the United States.
            (15) Tribal college or university.--The term ``Tribal 
        College or University'' means an institution described in 
        section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b)) that is chartered by the governing body of the 
        applicable Indian Tribe or by the Federal Government.
            (16) Tribal land.--The term ``Tribal land'' means land that 
        is subject to the jurisdiction of an Indian Tribe.
            (17) Tribal or indigenous community.--The term ``Tribal or 
        Indigenous community'' means a population of people who are--
                    (A) enrolled members of an Indian Tribe;
                    (B) members of an Alaska Native or Native Hawaiian 
                community or organization; or
                    (C) members of any other community of Indigenous 
                people located in a State.
            (18) Underserved communities.--
                    (A) In general.--The term ``underserved 
                communities'' means--
                            (i) women; and
                            (ii) individuals belonging to communities 
                        that have been denied consistent and systematic 
                        fair, just, and impartial treatment and have 
                        been systematically denied a full opportunity 
                        to participate in all aspects of economic, 
                        social, and civic life, including--
                                    (I) Black, Latino, Indigenous, and 
                                Native American individuals;
                                    (II) Asian Americans and Pacific 
                                Islanders; and
                                    (III) other persons of color.
                    (B) Inclusions.--In the context of the offshore 
                aquaculture industry, the term ``underserved 
                communities'', within fishing communities, may 
                include--
                            (i) subsistence fishery participants and 
                        their dependents;
                            (ii) fishing vessel crews;
                            (iii) fish processor and distribution 
                        workers; and
                            (iv) territorial fishing communities, 
                        including such communities in American Samoa, 
                        Guam, the Commonwealth of the Northern Mariana 
                        Islands, Puerto Rico, and the United States 
                        Virgin Islands.
            (19) Veteran.--The term ``veteran'' has the meaning given 
        that term in section 101 of title 38, United States Code.

SEC. 3. STUDY ON OFFSHORE AQUACULTURE BY OCEAN STUDIES BOARD OF THE 
              NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND 
              MEDICINE.

    (a) Study.--The Administrator shall seek to enter into a contract 
with the Ocean Studies Board of the National Academies of Sciences, 
Engineering, and Medicine (in this section referred to as the 
``Board'') under which the Board shall, not later than 30 months after 
the date of the enactment of this Act--
            (1) complete a study--
                    (A) to determine whether the Board recommends the 
                pursuit of offshore aquaculture; and
                    (B) if the Board recommends the pursuit of offshore 
                aquaculture, to develop the scientific basis for 
                efficient and effective regulation of offshore 
                aquaculture; and
            (2) submit to Congress and make publicly available the 
        results of the study.
    (b) Elements.--The study completed pursuant to subsection (a) 
shall, with respect to offshore aquaculture--
            (1) identify--
                    (A) optimal methods of operation of offshore 
                aquaculture facilities to limit adverse effects on the 
                environment, wildlife, and human well-being, 
                including--
                            (i) considerations to guide siting 
                        decisions of such facilities;
                            (ii) appropriate stocking densities; and
                            (iii) opportunities for selective breeding;
                    (B) a science-based definition of ``responsible 
                offshore aquaculture feed or other inputs'', including 
                guidance on sourcing feed or other inputs to address 
                long- or short-term concerns, including the 
                availability and scalability of such inputs;
                    (C) potential adverse effects on the environment, 
                wildlife, and human well-being, including from--
                            (i) the use of antibiotics and other 
                        pharmaceuticals by offshore aquaculture 
                        facilities, including through analyses 
                        necessary to establish acceptable rates, impact 
                        levels, and risk thresholds, such as analyses 
                        of organism antibiotic consumption or 
                        metabolization versus excretion to the 
                        surrounding environment;
                            (ii) assimilation of pollution originating 
                        from such facilities on marine organisms;
                            (iii) the risk posed by misplaced or 
                        damaged equipment;
                            (iv) the risk of harmful interactions with 
                        wildlife;
                            (v) interbreeding and the spread of 
                        disease;
                            (vi) the source and environmental impacts 
                        associated with the collection and removal of 
                        brood stock for offshore aquaculture operations 
                        and impacts of hatcheries and prestocking 
                        rearing operations that are specific to 
                        offshore aquaculture;
                            (vii) large-scale cultivation of filter-
                        feed bivalve organisms and seaweed on the 
                        marine food webs;
                            (viii) offshore aquaculture facilities 
                        acting as aggregating devices and increasing 
                        the vulnerability of wild fisheries and 
                        wildlife populations to fishing or other 
                        sources of mortality;
                            (ix) predator control devices and methods; 
                        and
                            (x) the use of nonsustainable sources of 
                        feed or other inputs, including the use of 
                        globally limited marine resources for feed 
                        ingredients, environmental impacts, and 
                        scalability of alternatives, including--
                                    (I) novel ingredients (for example, 
                                insect, single cell protein, and 
                                algae);
                                    (II) traditional ingredients (for 
                                example, soya); and
                                    (III) other inputs;
                    (D) potential methods and technologies to mitigate 
                adverse effects, including the effects identified under 
                subparagraph (C);
                    (E) potential conflicts and solutions to mitigate 
                such conflicts between offshore aquaculture facilities 
                and other users of the offshore environment;
                    (F) the types of data and qualitative information 
                necessary for the optimal operation of such facilities 
                and appropriate methods of procuring such data and 
                information, including from--
                            (i) citizen science (as defined in section 
                        402(c) of the Crowdsourcing and Citizen Science 
                        Act (15 U.S.C. 3724(c))); and
                            (ii) the traditional offshore aquaculture 
                        knowledge of Tribal and Indigenous communities; 
                        and
                    (G) the considerations necessary to account for the 
                effects of climate change predictive assessments on the 
                siting and operation of offshore aquaculture 
                facilities; and
            (2) provide recommendations for legislative or 
        administrative action with respect to--
                    (A) methods of operation identified under paragraph 
                (1)(A);
                    (B) mitigating adverse effects identified under 
                paragraph (1)(C);
                    (C) environmental standards, control rules, or 
                reference points that build upon the existing public 
                and private standards for the sustainability of 
                offshore aquaculture; and
                    (D) ensuring that operators of offshore aquaculture 
                facilities adhere to international standards for social 
                responsibility, public health, and equitable labor 
                practices, including with respect to sourcing inputs 
                for such facilities.

SEC. 4. ASSESSMENT PROGRAM FOR OFFSHORE AQUACULTURE.

    (a) Establishment of Program.--Not earlier than 180 days after the 
date on which the Administrator enters into a contract under section 
3(a) and not later than 2 years after such date, the Administrator 
shall establish an assessment program (in this section referred to as 
the ``assessment program'') to evaluate the following with respect to 
offshore aquaculture:
            (1) The ability of different commercial-scale facility 
        designs and operational methods--
                    (A) to survive various atmospheric and ocean 
                conditions, including high wind speeds or high-energy 
                ocean conditions associated with severe weather, 
                without--
                            (i) allowing escapes;
                            (ii) loss of infrastructure; or
                            (iii) wildlife entanglement resulting from 
                        loss or damaged infrastructure;
                    (B) to prevent adverse wildlife impacts, including 
                entanglements of large whales, sea turtles, and other 
                species protected under--
                            (i) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.); and
                            (ii) the Marine Mammal Protection Act of 
                        1972 (16 U.S.C. 1361 et seq.);
                    (C) to prevent adverse impacts on the marine 
                environment, including impacts to habitat, water 
                chemistry, and wildlife; and
                    (D) to avoid adverse impacts on navigation and 
                safety to existing ocean users due to offshore 
                aquaculture facilities, including requirements for 
                operations, navigation, and transit associated with 
                such facilities.
            (2) The ability of different technologies to provide 
        reliable and timely data on offshore aquaculture facilities, 
        including visual data and other relevant data types, on a 
        regular basis to enable the Administrator to monitor--
                    (A) the compliance of projects with the 
                requirements under subsection (b)(4)(5);
                    (B) impacts on the marine environment; and
                    (C) interference with existing uses of the water 
                body in which the project is located.
            (3) The relative risks, benefits, and cost of various types 
        of offshore aquaculture, including different species of finfish 
        in different geographies and under varying climactic and 
        ecological conditions.
            (4) The development of performance standards for offshore 
        aquaculture operations.
    (b) Selection of Demonstration Projects.--
            (1) Solicitation and acceptance of applications.--The 
        Administrator shall solicit and accept applications for 
        inclusion in the assessment program from owners and operators 
        of offshore aquaculture demonstration projects, including 
        commercial-scale demonstration projects, that--
                    (A) would advance the objectives described in 
                subsection (a) and involve objective analyses of data; 
                and
                    (B) are operating on the date on which the 
                application is submitted, were operated in offshore 
                waters of the United States or other countries at any 
                time during the 15-year period preceding the date on 
                which the application is submitted (including such 
                projects that are ongoing as of such date), or are 
                proposed to be operated.
            (2) Notice and public comment.--The Administrator shall--
                    (A) publish in the Federal Register a notice 
                summarizing each application received under this 
                subsection; and
                    (B) invite public comments regarding the projects 
                proposed in those applications for inclusion in the 
                assessment program.
            (3) Specially affected adjacent coastal jurisdictions.--
                    (A) Designation.--The Administrator shall establish 
                a mechanism for identifying and designating, with 
                respect to each application for a demonstration project 
                received under this subsection, the specially affected 
                adjacent coastal jurisdiction or jurisdictions.
                    (B) Notice.--For each application for a 
                demonstration project received under this subsection, 
                the Administrator shall provide a copy of the 
                application to the Governor or executive of the State 
                or Tribal government of each specially affected 
                adjacent coastal jurisdiction designated with respect 
                to the application under subparagraph (A).
                    (C) Rejection at the request of specially affected 
                adjacent coastal jurisdictions.--If, during the 60-day 
                period beginning on the date on which a specially 
                affected adjacent coastal jurisdiction receives notice 
                of an application under subparagraph (B), the Governor 
                or executive of the State or Tribal government of the 
                jurisdiction requests that the Administrator reject the 
                application, the Administrator shall reject the 
                application.
            (4) Approval of demonstration projects.--The Administrator 
        may approve not more than 4 applications for demonstration 
        projects under this subsection for inclusion in the assessment 
        program.
            (5) Requirements.--
                    (A) All demonstration projects.--
                            (i) In general.--Each demonstration project 
                        approved for inclusion in the assessment 
                        program--
                                    (I) shall--
                                            (aa) cultivate only native 
                                        species that pose a minimal 
                                        threat of harm to wildlife and 
                                        the ecosystem in which the 
                                        project is located;
                                            (bb) incorporate design and 
                                        operational characteristics 
                                        that minimize the risk of 
                                        escape, wildlife entanglement, 
                                        and adverse pollution impacts;
                                            (cc) have developed and be 
                                        able to implement an escape 
                                        response and infrastructure 
                                        loss or damage plan that 
                                        minimizes the impact of any 
                                        escapes or infrastructure loss 
                                        or damage on the marine 
                                        environment and on other uses 
                                        of the water body in which the 
                                        project is located;
                                            (dd) comply with all 
                                        applicable requirements of--

                                                    (AA) the Federal 
                                                Water Pollution Control 
                                                Act (33 U.S.C. 1251 et 
                                                seq.) (commonly 
                                                referred to as the 
                                                ``Clean Water Act'');

                                                    (BB) the Endangered 
                                                Species Act of 1973 (16 
                                                U.S.C. 1531 et seq.);

                                                    (CC) the Marine 
                                                Mammal Protection Act 
                                                of 1972 (16 U.S.C. 1361 
                                                et seq.); and

                                                    (DD) the National 
                                                Environmental Policy 
                                                Act of 1969 (42 U.S.C. 
                                                4321 et seq.);

                                            (ee) be compatible with, 
                                        and prevent or minimize 
                                        displacement of, existing uses 
                                        and users of the marine 
                                        environment in which the 
                                        project is located;
                                            (ff) conform to best 
                                        practices to avoid or minimize 
                                        the use of antibiotics and 
                                        other pharmaceuticals and 
                                        minimize the release of such 
                                        pharmaceuticals into the 
                                        environment; and
                                            (gg) except as provided in 
                                        clause (ii), be conducted over 
                                        a period of 5 years; and
                                    (II) shall not--
                                            (aa) cultivate or otherwise 
                                        use salmon, including king, 
                                        chinook, coho, chum, sockeye, 
                                        pink, masu, amago, or Atlantic 
                                        salmon, even if such salmon is 
                                        considered a native species; or
                                            (bb) be sited in any area 
                                        designated by the National 
                                        Marine Fisheries Service as 
                                        critical habitat for endangered 
                                        or critically endangered 
                                        wildlife.
                            (ii) Extensions.--
                                    (I) In general.--As the 
                                Administrator determines appropriate, a 
                                demonstration project approved for 
                                inclusion in the assessment program may 
                                be conducted for a period exceeding 5 
                                years.
                                    (II) Proposals.--In order to be 
                                considered for an extension under this 
                                clause, the owner or operator of a 
                                demonstration project shall submit to 
                                the Administrator a proposal explaining 
                                the need for the extension.
                                    (III) Notice and public comment.--
                                The Administrator shall--
                                            (aa) publish in the Federal 
                                        Register a notice summarizing 
                                        each proposal received under 
                                        subclause (II);
                                            (bb) invite public comments 
                                        regarding each such proposal; 
                                        and
                                            (cc) consider such comments 
                                        in determining whether to 
                                        authorize any extension for a 
                                        demonstration project under 
                                        this clause.
                    (B) New demonstration projects.--Any new 
                demonstration project approved for inclusion in the 
                assessment program shall--
                            (i) be designed and managed in partnership 
                        with--
                                    (I) a land-grant college or 
                                university (as defined in section 1404 
                                of the National Agricultural Research, 
                                Extension, and Teaching Policy Act of 
                                1977 (7 U.S.C. 3103));
                                    (II) a 1994 Institution (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)); or
                                    (III) a sea grant college (as 
                                defined in section 203 of the National 
                                Sea Grant College Program Act (33 
                                U.S.C. 1122)); and
                            (ii) consult and coordinate with the 
                        relevant Regional Fishery Management Council.
            (6) Priority consideration.--In considering applications 
        for demonstration projects under this section, the 
        Administrator shall give priority consideration to 
        demonstration projects owned or operated by--
                    (A) veterans, or entities in which a veteran or 
                veterans have a majority ownership interest;
                    (B) members of a community with environmental 
                justice concerns or underserved community, or entities 
                in which a member or members of a community with 
                environmental justice concerns or underserved community 
                have a majority ownership interest;
                    (C) entities that primarily serve or employ members 
                of a community with environmental justice concerns or 
                underserved community; or
                    (D) applicants who can demonstrate that the 
                demonstration project will directly benefit individuals 
                who are already participating in the agricultural, 
                wild-caught fishery, or offshore aquaculture industries 
                who have been negatively impacted by the COVID-19 
                pandemic, natural disasters, or disaster declarations.
            (7) Public comments.--In considering applications for 
        demonstration projects under this section, the Administrator 
        shall consider and weigh the public comments received pursuant 
        to paragraph (2)(B).
    (c) Aquaculture Opportunity Areas.--The Administrator may elect to 
site a demonstration project approved for inclusion in the assessment 
program in an Aquaculture Opportunity Area identified by the Secretary 
of Commerce in accordance with section 7 of Executive Order 13921 (16 
U.S.C. 1801; relating to promoting American seafood competitiveness and 
economic growth).
    (d) Permits.--
            (1) Federal agencies.--The owner or operator of each 
        demonstration project approved for inclusion in the assessment 
        program shall obtain all necessary and relevant permits issued 
        by Federal agencies to conduct activities under the project.
            (2) National oceanic and atmospheric administration.--After 
        the owner or operator of a demonstration project obtains the 
        permits described in paragraph (1), the Administrator shall 
        issue the appropriate permits to allow the project to conduct 
        offshore aquaculture activities in accordance with this Act.
    (e) Reporting by Assessment Program Participants.--
            (1) In general.--The owner or operator of each 
        demonstration project approved for inclusion in the assessment 
        program shall submit such information, at such time, in such 
        place, and in such manner as the Administrator determines 
        appropriate, including the following:
                    (A) Production data.
                    (B) Information on interactions with wild species, 
                mitigation measures taken, and the results of such 
                interactions and measures.
                    (C) Information on technology and operational 
                practices used to measure and monitor--
                            (i) effluent;
                            (ii) integrity of cage materials and other 
                        gear; and
                            (iii) health of the cultivated species.
                    (D) Information on environmental and ecosystem 
                impacts.
                    (E) Data necessary for the Ocean Studies Board of 
                the National Academies of Sciences, Engineering, and 
                Medicine to complete the study required by section 3.
                    (F) Information necessary for the Administrator to 
                exercise the authority of the Administrator under 
                subsection (f).
                    (G) Owner, operator, and employee demographic data 
                and other relevant data as determined by the 
                Administrator for purposes of assessing--
                            (i) the direct benefits of the project to 
                        communities with environmental justice 
                        concerns; and
                            (ii) the economic and social benefits for 
                        nearby coastal communities.
                    (H) Information on navigation and safety impacts to 
                existing ocean users.
                    (I) Such additional information as the 
                Administrator requires to fulfill the goals and 
                objectives of the assessment program.
            (2) Technical assistance.--The Administrator shall, upon 
        request, provide technical assistance to owners and operators 
        of demonstration projects approved for inclusion in the 
        assessment program to comply with the reporting requirements of 
        this subsection.
            (3) Emergency reporting.--The Administrator shall establish 
        an emergency reporting process for each owner or operator of a 
        demonstration project approved for inclusion in the assessment 
        program to immediately report suspected or known interactions 
        between project facilities or vessels and protected wild 
        species.
    (f) Authority To Modify or Terminate Participation of Demonstration 
Projects and Order Removal of Facilities.--The Administrator may 
require modifications to a demonstration project approved for inclusion 
in the assessment program, terminate the participation of such a 
project in such program, and order the removal of an offshore 
aquaculture facility authorized to operate under this section if--
            (1) the project incurs an incident involving a death or 
        serious personal injury and the Administrator determines that 
        project operator negligence was the cause or a contributing 
        factor to such incident;
            (2) operation of the project results in a violation of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); or
                    (B) the Marine Mammal Protection Act of 1972 (16 
                U.S.C. 1361 et seq.);
            (3) the owner or operator of the project fails to comply 
        with all of the terms and conditions of--
                    (A) the approval of the project; or
                    (B) modifications required by the Administrator 
                under this subsection; or
            (4) the Administrator determines that continued 
        participation in the assessment program by the project would be 
        unsafe or result in unacceptable negative impacts to--
                    (A) the marine environment;
                    (B) nearby communities; or
                    (C) other users of the water body in which the 
                project is located.
    (g) Interim Final Rule.--The Administrator may issue an interim 
final rule to implement the requirements under this section.
    (h) Reports.--
            (1) Annual reports.--
                    (A) In general.--Not later than 2 years after the 
                date on which the Administrator establishes the 
                assessment program, and annually thereafter for the 
                duration of the assessment program, the Administrator 
                shall publish, make available to the public, and submit 
                to offshore aquaculture stakeholders a report that 
                includes the following:
                            (i) A description of each project approved 
                        for inclusion in the assessment program.
                            (ii) In the first report, documentation 
                        supporting selection of each such project.
                            (iii) A summary of the information 
                        submitted to the Administrator under subsection 
                        (e) for each such project.
                            (iv) A description of the progress made 
                        toward meeting the objectives described in 
                        subsection (a).
                    (B) Definition of offshore aquaculture 
                stakeholders.--In this paragraph, the term ``offshore 
                aquaculture stakeholders'' includes--
                            (i) each specially affected adjacent 
                        coastal jurisdiction; and
                            (ii) each affected--
                                    (I) Tribal or Indigenous community;
                                    (II) regional fishery management 
                                council;
                                    (III) interstate fisheries 
                                commission;
                                    (IV) conservation organization; and
                                    (V) fisheries association.
            (2) Final report.--
                    (A) In general.--Not later than 1 year after the 
                date of the completion of the assessment program, the 
                Administrator shall submit to the appropriate 
                committees of Congress a report describing the results 
                of the assessment program.
                    (B) Elements.--The report required by subparagraph 
                (A) shall include the following:
                            (i) An evaluation based on data from the 
                        assessment program of the opportunities and 
                        risks of offshore aquaculture regarding--
                                    (I) marine ecosystems;
                                    (II) other users of the exclusive 
                                economic zone;
                                    (III) other ecosystems goods and 
                                services;
                                    (IV) social and economic impacts to 
                                nearby communities, including 
                                cumulative impacts and impacts on 
                                communities with environmental justice 
                                concerns, low-income communities, and 
                                communities of color;
                                    (V) best practices to mitigate 
                                risks; and
                                    (VI) best practices to prevent 
                                disparate impacts.
                            (ii) Such recommendations as the 
                        Administrator may have for legislative or 
                        administrative action and the establishment of 
                        performance standards for offshore aquaculture 
                        siting and operations that--
                                    (I) would minimize risks posed by 
                                offshore aquaculture operations to 
                                marine ecosystems;
                                    (II) would enhance the safe 
                                operation of offshore aquaculture 
                                facilities, service vessels, and 
                                associated activities;
                                    (III) would prevent displacement of 
                                existing uses and users; and
                                    (IV) are technically, 
                                operationally, and economically 
                                feasible.

SEC. 5. AQUACULTURE CENTERS OF EXCELLENCE.

    (a) Aquaculture Curriculum Grants.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Administrator shall establish a 
        program to award grants to covered institutions to assist in 
        establishing or enhancing an aquaculture curriculum for 
        undergraduate or graduate courses of study at such covered 
        institutions.
            (2) Aquaculture centers of excellence.--A covered 
        institution that receives a grant under this section shall be 
        known as an ``Aquaculture Center of Excellence''.
            (3) Applications.--To be eligible to receive a grant under 
        this section, a covered institution shall submit to the 
        Administrator an application in such form, at such time, and 
        containing such information as the Administrator determines 
        appropriate, including any plans to partner with 1 or more 
        other institutions of higher education as authorized under 
        paragraph (5).
            (4) Use of grant amounts.--
                    (A) In general.--A covered institution receiving a 
                grant under this section shall use the grant amounts to 
                establish or enhance an aquaculture curriculum for 
                undergraduate or graduate courses of study that 
                includes the following:
                            (i) Training in various skill sets needed 
                        by successful aquaculture entrepreneurs, 
                        including--
                                    (I) business management, strategic 
                                planning, business plan development, 
                                capital financing and fundraising, 
                                financial management and accounting, 
                                market analysis and competitive 
                                analysis, and market entry and strategy 
                                execution; and
                                    (II) any other skill sets specific 
                                to the needs of the student population 
                                and the surrounding community, 
                                including with respect to social and 
                                environmental sustainability, as 
                                determined by the institution.
                            (ii) Natural and social science research 
                        programs in aquaculture and natural fisheries, 
                        including offshore aquaculture.
                            (iii) Development of extension programs (or 
                        cooperation with existing extension programs) 
                        that--
                                    (I) educate and engage community 
                                members, including elementary and 
                                secondary school students, on 
                                aquaculture and aquaculture career 
                                pathways; and
                                    (II) transfer newly developed 
                                techniques and research information 
                                developed or collated at the covered 
                                institution to aquaculture 
                                practitioners.
                            (iv) Career development, such as the 
                        establishment of cooperatives, apprenticeships, 
                        mentorships, accelerators, or grant 
                        competitions.
                    (B) Limitations on use of grant amounts.--Amounts 
                from a grant awarded under this section may be used 
                only for expenses directly related to the 
                implementation of the curriculum or activities 
                authorized under this section.
            (5) Partnerships.--In applying for grants and carrying out 
        activities with grant amounts under this section, a covered 
        institution may partner with 1 or more other institutions of 
        higher education with established aquaculture programs, 
        including institutions of higher education not otherwise 
        eligible for grants under this section, to facilitate the 
        sharing of resources and knowledge necessary for the 
        development or enhancement of aquaculture curriculum at the 
        covered institution.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of fiscal 
years 2024 through 2027, to remain available until expended.

SEC. 6. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate committees of Congress a report 
examining the permitting, monitoring, and regulation of offshore 
aquaculture during the 15-year period ending on such date of enactment.
    (b) Bases of Report.--The Comptroller General shall base the report 
required by subsection (a) on available literature, case studies, and 
stakeholder input.
    (c) Elements of Report.--The report required by subsection (a) 
shall--
            (1) assess the feasibility and potential positive and 
        negative implications of designating a lead agency to issue 
        offshore aquaculture permits in a timely manner;
            (2) identify lessons learned during the period described in 
        subsection (a) with respect to--
                    (A) the implications of offshore aquaculture type, 
                location, and regulatory framework on the success of 
                offshore aquaculture projects;
                    (B) the degree of involvement of coastal or 
                adjacent States, Tribal groups, underserved 
                communities, or communities with environmental justice 
                concerns in consultation, planning, or operations of 
                offshore aquaculture operations;
                    (C) safety protocols and risk mitigation measures 
                for the permit and oversight processes for offshore 
                aquaculture, including--
                            (i) escape prevention measures;
                            (ii) emergency event response planning;
                            (iii) compliance monitoring, particularly 
                        in remote locations;
                            (iv) compliance with Federal laws;
                            (v) reporting mechanisms to appropriate 
                        Federal authorities; and
                            (vi) vessel navigation aids to ensure 
                        navigational safety;
                    (D) the effect of incentives to reduce adverse 
                effects or disparate impacts from offshore aquaculture 
                operations;
                    (E) building and optimizing synergies between 
                offshore aquaculture and wild-caught fishing 
                activities, or offshore, nearshore, and onshore 
                aquaculture activities, including market development, 
                increasing seafood consumption, and shared 
                infrastructure;
                    (F) the environmental effects of offshore 
                aquaculture operations, including mechanisms to prevent 
                harm to the environment, wildlife, or human well-being;
                    (G) in consultation with the Council Coordination 
                Committee, the net economic and social benefits of 
                offshore aquaculture projects, particularly for nearby 
                communities, including underserved communities and 
                communities with environmental justice concerns, based 
                on project size, regulatory structures, and financing 
                structures;
                    (H) the impact of introducing offshore aquaculture 
                products to the marketplace on supply and demand for 
                wild-capture fisheries products, and methods for 
                ensuring resiliency and growth for both offshore 
                aquaculture and wild-capture fisheries products;
                    (I) mechanisms to enhance capital investment, 
                workforce development, and equitable opportunity 
                requirements or assistance programs in the permit 
                process for offshore aquaculture, or to diversify 
                permit applicants;
                    (J) outstanding needs for continued research, 
                development, education activities, programs, and 
                funding regarding offshore aquaculture projects and 
                development of the domestic workforce and 
                entrepreneurship related to offshore aquaculture;
                    (K) the economic potential for both large- and 
                small-scale offshore aquaculture operations to generate 
                a positive return on investment under various 
                regulatory and financing structures;
                    (L) the applicability and sufficiency of existing 
                regulatory systems for offshore aquaculture; and
                    (M) existing local, State, Federal, and foreign 
                regulatory standards that may serve as models for 
                efficient and effective regulation of offshore 
                aquaculture; and
            (3) include such recommendations as the Comptroller General 
        may have with respect to future offshore aquaculture 
        operations, including with respect to--
                    (A) regulatory processes necessary for permitting, 
                monitoring, and oversight, including processes and 
                techniques related to siting, deployment, operations, 
                and decommissioning;
                    (B) potential safeguards, data collection, or 
                monitoring required to minimize disparate impacts on 
                communities with environmental justice concerns, local 
                economies, marine environments, and existing domestic 
                economic sectors;
                    (C) mechanisms for optimizing the coordination 
                among Federal agencies with a role in permitting or 
                supporting offshore aquaculture without compromising 
                the goals of such permitting;
                    (D) methods for effectively involving stakeholders, 
                including--
                            (i) specially affected adjacent coastal 
                        jurisdictions;
                            (ii) local communities;
                            (iii) regional offshore waters users and 
                        management groups, including regional fishery 
                        management councils; and
                            (iv) users of local, State, Tribal, and 
                        Federal waters and coastal resources, including 
                        underserved communities and communities with 
                        environmental justice concerns;
                    (E) best practices for incorporating local 
                knowledge, including from Tribal or Indigenous 
                communities;
                    (F) capabilities of Federal agencies that are 
                necessary for effective regulation of the offshore 
                aquaculture sector; and
                    (G) how creating private rights of action or 
                waiving sovereign immunity would facilitate or hinder 
                the development of offshore aquaculture projects and 
                the acceptance of such projects by nearshore and 
                offshore waters user groups and coastal communities.

SEC. 7. RULE OF CONSTRUCTION.

    Any requirement in this Act to identify or consider an impact or 
effect on human health, the environment, or the climate shall be 
construed as including a requirement to make such identification or 
consideration while taking into account--
            (1) the cumulative impact of such impact or effect in the 
        context of all sources of emissions, discharges, or releases 
        from any source, past, present, or in the reasonably 
        foreseeable future, on the affected environment and population;
            (2) any characteristics of such environment and population 
        that may heighten vulnerability to environmental pollution and 
        related health risks; and
            (3) any action or practice that, even if appearing neutral, 
        has the effect of subjecting individuals to discrimination on 
        the basis of race, color, or national origin.
                                 <all>