[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9226 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9226

To direct the Secretary of Agriculture and the Secretary of Commerce to 
 incentivize domestic seafood processing capacity, to strengthen local 
 seafood supply chains, to prohibit any Federal agency from funding or 
 regulating commercial finfish aquaculture operations in the Exclusive 
 Economic Zone in the absence of specific congressional authority, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2024

 Mrs. Peltola introduced the following bill; which was referred to the 
Committee on Agriculture, and in addition to the Committees on Natural 
 Resources, and Transportation and Infrastructure, 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 direct the Secretary of Agriculture and the Secretary of Commerce to 
 incentivize domestic seafood processing capacity, to strengthen local 
 seafood supply chains, to prohibit any Federal agency from funding or 
 regulating commercial finfish aquaculture operations in the Exclusive 
 Economic Zone in the absence of specific congressional authority, 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 ``Domestic Seafood Production Act''.

SEC. 2. DOMESTIC SEAFOOD PRODUCTION.

    (a) Definitions.--In this section:
            (1) Eligible community.--The term ``eligible community'' 
        means a population census tract--
                    (A) without processing;
                    (B) that is historically economically dependent on 
                the coast or ocean; or
                    (C) that--
                            (i) has a poverty rate equal to or greater 
                        than 20 percent; or
                            (ii)(I) if the population census tract is 
                        not located within a metropolitan area, has a 
                        median family income of equal to or less than 
                        80 percent of the median family income for the 
                        State within which the population census tract 
                        is located; or
                            (II) if the population census tract is 
                        located within a metropolitan area, has a 
                        median family income of equal to or less than 
                        80 percent of the greater of--
                                    (aa) the median family income of 
                                the State within which the population 
                                census tract is located; and
                                    (bb) the median family income of 
                                the metropolitan area within which the 
                                population census tract is located.
            (2) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning given the term in section 3 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1802).
            (3) Mariculture.--The term ``mariculture'' means shellfish 
        and aquatic plants grown under controlled conditions.
            (4) Offshore aquaculture.--The term ``offshore 
        aquaculture'' means any activity related to the propagation, 
        rearing, or attempted propagation or rearing, of finfish in the 
        exclusive economic zone.
            (5) Seafood.--The term ``seafood'' means wild-caught 
        finfish and shellfish.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (7) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory and 
        possession of the United States.
    (b) Action Plan and Selection of Communities.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Commerce, shall develop an action plan to 
        facilitate increased domestic processing of United States-
        caught seafood and mariculture.
            (2) Inclusions.--The action plan developed under paragraph 
        (1) shall include--
                    (A) an identification of communities in which--
                            (i) commercial fishing is an economic 
                        driver; and
                            (ii) there exists a need, and voiced 
                        community support, for the creation of new (or 
                        rehabilitation of existing) seafood processing 
                        infrastructure, including cold storage, to 
                        allow those communities--
                                    (I) to effectively process the 
                                catch of the communities locally; and
                                    (II) to provide for the local and 
                                domestic market;
                    (B) an identification of communities with existing 
                or developing mariculture operations in which 
                processing infrastructure is not sufficient to meet the 
                needs of the mariculture operations;
                    (C) a consideration of the diversity of 
                communities, including geographic diversity;
                    (D) an assessment of the number of communities 
                described in subparagraphs (A) through (C) that qualify 
                as eligible communities; and
                    (E) an analysis of the seafood supply chain for 
                seafood consumed domestically, including a carbon 
                footprint.
            (3) Selection of eligible communities.--The action plan 
        developed under paragraph (1) shall include an allocation of a 
        specific amount of funds for community development projects in 
        eligible communities, without limitation as to geography or 
        location, that would be eligible for the grants and cooperative 
        agreements under subsection (c).
            (4) Stakeholder engagement.--In developing the action plan 
        under paragraph (1), the Secretary, in consultation with the 
        Secretary of Commerce, shall provide a meaningful stakeholder 
        engagement process that--
                    (A) prioritizes outreach and engagement through 
                methods that effectively reach residents of eligible 
                communities described in subparagraphs (A) through (D) 
                of paragraph (2); and
                    (B) provides an opportunity for public comment 
                regarding a draft of the action plan, and incorporation 
                of any comments received by the date that is 60 days 
                after the end of the public comment period.
            (5) Tribal consultation.--In developing the action plan 
        under paragraph (1), the Secretary shall consult with federally 
        recognized Indian Tribes and Alaska Native Corporations and 
        take into consideration each Community Development Quota 
        program established by or pursuant to section 305(i) of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1855(i)), as applicable.
    (c) Grants and Cooperative Agreements To Support Local Seafood 
Processing.--
            (1) In general.--Using funds made available under 
        subsection (f), the Secretary shall, for the period of fiscal 
        years 2025 and 2026, make competitive grants or enter into 
        cooperative agreements--
                    (A) to support pilot projects--
                            (i) for new seafood or mariculture 
                        processing infrastructure in eligible 
                        communities selected under subsection (b)(3); 
                        or
                            (ii) for the rehabilitation, repair, or 
                        retrofitting of existing seafood or mariculture 
                        processing infrastructure in such eligible 
                        communities;
                    (B) to host onsite local training, education, 
                outreach, and technical assistance initiatives for 
                working waterfront populations in such eligible 
                communities; or
                    (C) to provide preference for community members 
                from such eligible communities in the startup of pilot 
                seafood or mariculture processing facilities 
                exclusively designed for serving domestic and local 
                markets, which shall include--
                            (i) entrepreneurship and business training;
                            (ii) financial and risk management 
                        training; and
                            (iii) food safety and recordkeeping.
            (2) Eligibility.--To be eligible to receive a grant or 
        enter into a cooperative agreement under paragraph (1), the 
        recipient of the grant or participant in the cooperative 
        agreement shall be--
                    (A) a collaborative State, Tribal, local, or 
                regionally based network or partnership of public or 
                private entities; or
                    (B) an individual seafood or mariculture processing 
                company or cooperative.
            (3) Priorities.--In making grants or entering into 
        cooperative agreements under paragraph (1), the Secretary shall 
        give priority to--
                    (A) projects that commit--
                            (i) to sell a substantial quantity of 
                        seafood domestically, as determined by the 
                        Secretary;
                            (ii) to meaningful local-hire practices, as 
                        determined by the Secretary;
                            (iii) to avoiding additional overburdening 
                        of eligible communities, such as by minimizing 
                        additional vehicular traffic; and
                            (iv) to supporting innovative 
                        transportation networks to minimize adverse 
                        impacts on adjacent communities;
                    (B) projects that--
                            (i) colocate with, or supply, community 
                        fish markets or community-based seafood 
                        distributors, such as local farmers' markets;
                            (ii)(I) would retrofit or update existing 
                        infrastructure; and
                            (II) are zoned for mixed use, such as a 
                        processing plant with an adjacent community 
                        fish market; or
                            (iii) include Department of Agriculture and 
                        processor partnerships with schools or 
                        organizations that address food security and 
                        hunger, including food banks, and establish 
                        programs to freeze fish to be routed to 
                        communities in need; and
                    (C) community-based businesses and organizations 
                with expertise in working with eligible communities.
            (4) Evaluation criteria.--In making grants or entering into 
        cooperative agreements under paragraph (1), the Secretary shall 
        evaluate, with respect to applications for the grants or 
        cooperative agreements--
                    (A) relevancy;
                    (B) technical merit;
                    (C) achievability, expertise, and track record; and
                    (D) equity and environmental justice impacts.
            (5) Requirements.--A grant or cooperative agreement under 
        paragraph (1) shall be for an amount and term determined 
        appropriate by the Secretary.
            (6) Interagency funding.--Any Federal agency may 
        participate in any grant or cooperative agreement under 
        paragraph (1) by contributing funds, if the contributing agency 
        determines that the objectives of the grant or cooperative 
        agreement will advance the authorized programs of the 
        contributing agency.
            (7) Limitation on indirect costs.--A recipient of a grant 
        or a party to a cooperative agreement under paragraph (1) may 
        not use more than 10 percent of the funds received for the 
        indirect costs of carrying out the grant or cooperative 
        agreement.
    (d) Evaluation of Action Plan, Grants, and Cooperative 
Agreements.--Not later than 1 year after the date of enactment of this 
Act, the Secretary, in consultation with the Secretary of Commerce, 
shall submit to Congress a report evaluating the effectiveness of the 
action plan developed under subsection (b) and the grants and 
cooperative agreements made or entered into under subsection (c), 
including--
            (1) an assessment of social and economic benefits resulting 
        from projects carried out using those grants and cooperative 
        agreements; and
            (2) recommendations--
                    (A) to improve the effectiveness of the action plan 
                and the grants and cooperative agreements; and
                    (B) to expand projects carried out using the grants 
                and cooperative agreements to additional communities.
    (e) Prohibition on Offshore Aquaculture.--
            (1) In general.--Beginning on the date of the enactment of 
        this Act--
                    (A) notwithstanding any other provision of law, the 
                head of a Federal agency may not permit, authorize, or 
                otherwise facilitate offshore aquaculture; and
                    (B) the Administrator of the National Oceanic and 
                Atmospheric Administration may not award to any person 
                a grant or other financial assistance for the purpose 
                of carrying out or otherwise facilitating offshore 
                aquaculture, except in accordance with a law 
                authorizing such action that is enacted after the date 
                of the enactment of this Act.
            (2) Executive order 13921.--Section 6 of Executive Order 
        13921 (85 Fed. Reg. 28471; relating to promoting American 
        seafood competitiveness and economic growth) shall have no 
        force or effect.
    (f) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $45,000,000 for 
        each of fiscal years 2025 and 2026.
            (2) Reservation of funds.--Of the amounts made available 
        under paragraph (1)--
                    (A) $200,000 shall be used to carry out subsection 
                (b) during fiscal year 2025, to be divided equally 
                between the Secretary and the Secretary of Commerce;
                    (B) $200,000 shall be used to carry out subsection 
                (d) during fiscal year 2026; and
                    (C) the remaining amounts shall be used, subject to 
                paragraphs (3) and (4)--
                            (i) to carry out subsection (c); or
                            (ii) for expenses relating to the 
                        administration of this section.
            (3) Administrative expenses.--Not more than 5 percent of 
        the amounts made available to carry out this section for a 
        fiscal year may be used for expenses relating to the 
        administration of this section.
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