[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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