I 118th CONGRESS 1st Session H. R. 3951 IN THE HOUSE OF REPRESENTATIVES June 9, 2023 Ms. Bonamici (for herself, Mr. Wittman , Mr. Pallone , Ms. Pingree , and Mr. Case ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To establish in the Department of Agriculture an 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 that 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) Office The term Office means the Office of Aquaculture established under subsection (b)(1). (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 support the development and advancement of 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; (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; (F) identifying common State and municipal best practices for navigating local policies; (G) oversight of 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 Office of Science and Technology Policy, and the Environmental Protection Agency; (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 consultation with the Administrator of the National Oceanic and Atmospheric Administration; (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 Sustaining Healthy Ecosystems, Livelihoods, and Local Seafood Act , the Secretary shall establish an Aquaculture Advisory Committee to advise the Secretary on— (A) oversight of programs of the Department to support development of, and to advance, aquaculture best practices using the best available science, in consultation with farmers and industry partners; (B) the history, use and preservation of Indigenous and traditional aquaculture practices and ecological knowledge; (C) providing technical assistance to aquaculture farmers and businesses, including technical assistance that pertains to shellfish, algae, and land-based aquaculture systems, using the best available science; and (D) 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 or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or from a Native Hawaiian organization (as such term is defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); (iv) 1 shall be a representative from a State or 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 working 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. .