[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2211 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2211

 To amend the Department of Agriculture Reorganization Act of 1994 to 
      establish the Office of Aquaculture, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

 Mr. Whitehouse (for himself, Mr. Wicker, and Mr. King) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Department of Agriculture Reorganization Act of 1994 to 
      establish the Office of Aquaculture, 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 ``Sustaining Healthy Ecosystems, 
Livelihoods, and Local Seafood Act'' or the ``SHELLS Act''.

SEC. 2. OFFICE OF AQUACULTURE.

    (a) In General.--Subtitle A of the Department of Agriculture 
Reorganization Act of 1994 is amended by inserting after section 216 (7 
U.S.C. 6916) the following:

``SEC. 217. OFFICE OF AQUACULTURE.

    ``(a) Definitions.--In this section:
            ``(1) Aquaculture.--The term `aquaculture' has the meaning 
        given the term in section 3 of the National Aquaculture Act of 
        1980 (16 U.S.C. 2802).
            ``(2) Committee.--The term `Committee' means the 
        Aquaculture Advisory Committee established under subsection 
        (c)(1).
            ``(3) Director.--The term `Director' means the Director of 
        the Office appointed under subsection (b)(2).
            ``(4) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(5) Native hawaiian organization.--The term `Native 
        Hawaiian organization' has the meaning given the term in 
        section 3 of the NATIVE Act (25 U.S.C. 4352).
            ``(6) Office.--The term `Office' means the Office of 
        Aquaculture established under subsection (b)(1).
            ``(7) Tribal organization.--The term `Tribal organization' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
    ``(b) Office.--
            ``(1) In general.--The Secretary shall establish in the 
        Department an Office of Aquaculture.
            ``(2) Director.--The Secretary shall appoint a senior 
        official to serve as the Director of the Office.
            ``(3) Mission.--The mission of the Office, in coordination 
        with any other relevant Federal agency, shall be to encourage 
        and promote aquaculture operations that promote United States 
        food security and limit adverse environmental effects, 
        including--
                    ``(A) shellfish cultivation (including oysters, 
                clams, and mussels);
                    ``(B) micro- and macro-algae cultivation;
                    ``(C) aquaculture production within land-based 
                systems; and
                    ``(D) other forms of aquaculture production, as 
                determined by the Secretary, in consultation with the 
                Secretary of Commerce and the heads of other Federal 
                agencies, as applicable.
            ``(4) Responsibilities.--The Director shall be responsible 
        for engaging in activities to carry out the mission of the 
        Office described in paragraph (3), including by--
                    ``(A) overseeing programs of the Department to 
                develop and advance aquaculture best practices, using 
                the best available science, in consultation with 
                agricultural producers and industry partners;
                    ``(B) providing technical assistance on best 
                practices to aquaculture farmers and businesses, 
                including for shellfish, algae, and land-based 
                aquaculture systems, using the best available science;
                    ``(C) advising the Secretary with respect to 
                aquaculture practices and programs;
                    ``(D) coordinating with the agencies and officials 
                of the Department to update and ensure support for 
                aquaculture in relevant programs;
                    ``(E) engaging in stakeholder relations and 
                developing external partnerships relating to 
                aquaculture practices and programs;
                    ``(F) identifying common State and municipal best 
                practices for navigating local policies relating to 
                aquaculture practices;
                    ``(G) overseeing extension and outreach efforts to 
                support aquaculture producers and businesses;
                    ``(H) collaborating and coordinating with other 
                Federal agencies, including the National Oceanic and 
                Atmospheric Administration, the United States Fish and 
                Wildlife Service, the Environmental Protection Agency, 
                and the Office of Science and Technology Policy, with 
                respect to aquaculture practices;
                    ``(I) convening a working group with relevant 
                officials of the Department to coordinate programs and 
                share knowledge;
                    ``(J) representing the Department on the 
                Subcommittee on Aquaculture of the National Science and 
                Technology Council;
                    ``(K) gathering and issuing aquaculture production 
                data, in coordination with the National Oceanic and 
                Atmospheric Administration and other relevant Federal 
                agencies;
                    ``(L) applying existing programs for risk 
                mitigation as applicable to aquaculture, including 
                insurance and purchasing programs; and
                    ``(M) promoting aquaculture practices that provide 
                environmental, economic, and social benefits.
    ``(c) Aquaculture Advisory Committee.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the SHELLS Act, the Secretary shall establish 
        an Aquaculture Advisory Committee to advise the Secretary on--
                    ``(A) the development of policies and outreach 
                relating to sustainable aquaculture practices;
                    ``(B) the history, use, and preservation of 
                Indigenous and traditional aquaculture practices and 
                ecological knowledge; and
                    ``(C) any other aspects of the implementation of 
                this section.
            ``(2) Membership.--
                    ``(A) In general.--The Committee shall be composed 
                of 14 members, to be appointed by the Secretary, of 
                whom--
                            ``(i) 1 shall be a representative of the 
                        Department, who shall serve as chair of the 
                        Committee;
                            ``(ii) 4 shall be individuals who are 
                        aquaculture producers who employ best practices 
                        and limit adverse effects that result from the 
                        operations of the aquaculture producers;
                            ``(iii) 2 shall be representatives from an 
                        Indian Tribe, a Tribal organization, or a 
                        Native Hawaiian organization;
                            ``(iv) 1 shall be a representative from a 
                        State or an interstate commission;
                            ``(v) 1 shall be a representative from an 
                        institution of higher education or extension 
                        program;
                            ``(vi) 1 shall be an individual who 
                        represents a nonprofit organization, which may 
                        include a public health, environmental, or 
                        community organization;
                            ``(vii) 1 shall be an individual who 
                        represents a relevant port, coastal, or 
                        waterfront community;
                            ``(viii) 1 shall be an individual with 
                        supply chain experience, which may include a 
                        food aggregator, wholesale food distributor, 
                        food hub, or an individual who has direct-to-
                        consumer market experience;
                            ``(ix) 1 shall be an individual with 
                        related experience or expertise in aquaculture 
                        production practices, as determined by the 
                        Secretary; and
                            ``(x) 1 shall be an individual who 
                        represents aquaculture end users, including a 
                        chef, member of the food service industry, or 
                        grocer.
                    ``(B) Initial appointments.--The Secretary shall 
                appoint the members of the Committee not later than 180 
                days after the date of enactment of this section.
            ``(3) Period of appointment; vacancies.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a member of the Committee shall be 
                appointed for a term of 3 years.
                    ``(B) Initial appointments.--Of the members first 
                appointed to the Committee--
                            ``(i) 5 of the members, as determined by 
                        the Secretary, shall be appointed for a term of 
                        3 years;
                            ``(ii) 5 of the members, as determined by 
                        the Secretary, shall be appointed for a term of 
                        2 years; and
                            ``(iii) 4 of the members, as determined by 
                        the Secretary, shall be appointed for a term of 
                        1 year.
                    ``(C) Vacancies.--Any vacancy in the Committee--
                            ``(i) shall not affect the powers of the 
                        Committee; and
                            ``(ii) shall be filled as soon as 
                        practicable in the same manner as the original 
                        appointment.
                    ``(D) Consecutive terms.--An initial appointee of 
                the Committee may serve an additional consecutive term 
                if the member is reappointed by the Secretary.
            ``(4) Meetings.--
                    ``(A) Frequency.--The Committee shall meet not 
                fewer than 3 times per year.
                    ``(B) Initial meeting.--Not later than 180 days 
                after the date on which the members are appointed under 
                paragraph (2)(B), the Committee shall hold the first 
                meeting of the Committee.
            ``(5) Duties.--
                    ``(A) In general.--The Committee shall--
                            ``(i) develop recommendations and advise 
                        the Director on aquaculture policies, 
                        initiatives, and outreach administered by the 
                        Office;
                            ``(ii) evaluate and review ongoing research 
                        and extension activities relating to 
                        aquaculture practices;
                            ``(iii) identify new and existing barriers 
                        to successful aquaculture practices; and
                            ``(iv) provide additional assistance and 
                        advice to the Director as appropriate.
                    ``(B) Reports.--Not later than 1 year after the 
                date on which the Committee is established, and every 2 
                years thereafter through 2028, the Committee shall 
                submit to the Secretary, the Committee on Agriculture, 
                Nutrition, and Forestry and the Committee on Commerce, 
                Science, and Transportation of the Senate, and the 
                Committee on Agriculture and the Committee on Natural 
                Resources of the House of Representatives, a report 
                describing the recommendations developed under 
                subparagraph (A).
            ``(6) Personnel matters.--
                    ``(A) Compensation.--A member of the Committee 
                shall serve without compensation.
                    ``(B) Travel expenses.--A member of the Committee 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, in accordance with section 5703 of 
                title 5, United States Code.
            ``(7) Termination.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Committee shall terminate on the date that is 5 years 
                after the date on which the members are appointed under 
                paragraph (2)(B).
                    ``(B) Extensions.--Before the date on which the 
                Committee terminates, the Secretary may renew the 
                Committee for 1 or more 2-year periods.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of fiscal 
years 2024 through 2028.''.
    (b) Technical and Conforming Amendments.--
            (1) The Department of Agriculture Reorganization Act of 
        1994 is amended by redesignating the first section 225 (7 
        U.S.C. 6925) (relating to the Food Access Liaison) as section 
        224A.
            (2) Section 296(b) of the Department of Agriculture 
        Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by 
        adding at the end the following:
            ``(11) The authority of the Secretary to carry out section 
        217.''.
                                 <all>