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