118 S2211 IS: SHELLS Act
U.S. Senate
2023-06-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
1st Session
S. 2211
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.
1.

Short title
This Act may be cited as the “Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act” or the “SHELLS Act”.
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:
“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.”.