[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2208 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2208
To require the Secretary of Agriculture to provide support for
domestically harvested seafood, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2023
Mr. Sullivan introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to provide support for
domestically harvested seafood, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Seafood
Supply Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definition of Secretary.
Sec. 4. Sense of Congress.
Sec. 5. Office of Seafood Policy and Program Integration in the Office
of the Chief Economist.
Sec. 6. Wild USA seafood label.
Sec. 7. Eligibility for commercial fishing.
Sec. 8. Waiver to purchase foreign seafood commodities or products.
Sec. 9. Business development for food security and local community
resilience study and report.
Sec. 10. Country of origin labeling for cooked king crab and tanner
crab.
Sec. 11. Country of origin labeling for cooked and canned salmon.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to support sustainable, domestically harvested United
States seafood;
(2) to support the consumption of domestically produced
fish, including fish produced through wild capture, through the
enhancement of seafood policies, such as marketing, promotion,
rural business development, and commodity support;
(3) to educate and inform consumers and the public about
seafood and the nutritional value of fish in the diet;
(4) to develop coordinated domestic fisheries and seafood
marketing and promotion activities with research and
development programs; and
(5) to establish an Office of Seafood Policy and Program
Integration in the Department of Agriculture to carry out an
effective and coordinated program of seafood promotion,
research, and consumer information designed--
(A) to strengthen the position of the domestic
seafood industry in the marketplace;
(B) to maintain, develop, and expand markets for
seafood and seafood products;
(C) to enhance economic opportunities associated
with domestic seafood harvest, processing, and
production; and
(D) to ensure up-to-date access to and public
outreach on seafood nutritional information.
SEC. 3. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) seafood produced in the United States, including
seafood produced through wild capture and farmed--
(A) contributes substantially to the national
economy; and
(B) could make a greater contribution to the
national economy if seafood sourced from the United
States exclusive economic zone were more utilized,
promoted, and widely available;
(2) seafood contributes an important nutritional component
to a healthy diet through the provision of essential fatty
acids, key nutrients, and lean protein, yet per capita seafood
consumption remains below recommended levels;
(3) commercial fisheries and seafood production in the
United States provide significant employment in--
(A) coastal areas, including remote regions with
limited economies; and
(B) processing and distribution centers;
(4) seafood and seafood products move in interstate and
international commerce;
(5) the maintenance and expansion of existing markets, and
development of new markets, for seafood and seafood products
are vital to--
(A) the welfare of seafood producers and persons
concerned with harvesting, processing, and marketing
seafood and seafood products; and
(B) the general economy of the United States; and
(6) local fish products are a key factor for development
strategies and diversification of many rural economies.
SEC. 5. OFFICE OF SEAFOOD POLICY AND PROGRAM INTEGRATION IN THE OFFICE
OF THE CHIEF ECONOMIST.
Subtitle B of title VI of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7651 et seq.) is amended by
adding at the end the following:
``SEC. 621. OFFICE OF SEAFOOD POLICY AND PROGRAM INTEGRATION.
``(a) Purpose.--The purpose of this section is to establish an
Office of Seafood Policy and Program Integration to provide for the
effective coordination of seafood policies and activities within the
Department, and in coordination with the Secretary of Commerce and the
United States Trade Representative, relating to the support of
domestically harvested and processed wild and farmed seafood.
``(b) Establishment.--The Secretary shall establish in the Office
of the Chief Economist an Office of Seafood Policy and Program
Integration (referred to in this section as the `Office').
``(c) Responsibilities.--The Office shall be responsible for--
``(1) the development and coordination of Department and
interagency policy on seafood, including technological and
policy input and advice on seafood issues;
``(2) providing strategic oversight, planning,
implementation, communication, and coordination of Department
and interagency activities for wild and farmed seafood--
``(A) to strengthen United States seafood
production and seafood supply chains;
``(B) to facilitate seafood research and nutrition
science;
``(C) to maintain, develop, and expand markets for
seafood and seafood products;
``(D) to incorporate seafood into economic
analyses, reviews, and forecasts; and
``(E) to integrate United States seafood production
into Federal policy strategies to ensure--
``(i) food system security and climate-
resilient food production;
``(ii) rural business development to
support food security and seafood production;
and
``(iii) seafood nutrition and consumption
education activities;
``(3) providing scientific and policy analysis to advise
the Secretary and the Chief Economist regarding the
development, availability, promotion, and use of seafood
produced in the United States, including seafood produced
through wild capture and aquaculture, in Department programs
and policies;
``(4) identifying opportunities to provide integrated
access for United States wild and farmed seafood producers to
Department programs to more efficiently and effectively--
``(A) support the modernization and development
of--
``(i) consumer education and outreach on
the health and nutrition benefits of seafood
consumption;
``(ii) harvesting and production
technologies and processes that minimize waste
and reduce environmental impacts;
``(iii) value-added seafood processing and
product development; and
``(iv) infrastructure capacity to support
seafood harvesting and production in rural
communities;
``(B) strengthen capacity for local and regional
seafood system development through community
collaboration and expansion of local and regional
supply chains;
``(C) work to improve income and economic
opportunities for seafood producers and food businesses
through job creation and improved regional food system
infrastructure, especially in rural communities;
``(D) serve as a conduit of information regarding
Department application eligibility and processes to
support domestically harvested, wild-sourced seafood in
Department food commodity programs; and
``(E) increase access to, and use of, seafood in
the school lunch program established under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) to levels commensurate with Food and Drug
Administration dietary guidelines; and
``(5) performing such other functions as may be required by
law or prescribed by the Secretary.
``(d) Interagency Agreement for Coordination.--
``(1) In general.--In support of the responsibilities
described in subsection (c), the Office shall provide
leadership to ensure coordination of interagency activities
with the National Oceanic and Atmospheric Administration, the
United States Trade Representative, and other Federal and State
agencies.
``(2) Interagency agreement.--
``(A) In general.--The Office shall develop an
agreement to be entered into between the Department and
the National Oceanic and Atmospheric Administration to
enhance seafood purchases through the school lunch
program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
``(B) Requirements.--The agreement under
subparagraph (A) shall establish information-sharing
protocols, including sharing the National Oceanic and
Atmospheric Administration's list of domestic seafood
vendors with the Department.
``(e) Outreach.--The Office shall consult with wild and farmed
seafood harvesters and producers that may be affected by policies or
actions of the Department, as necessary, in carrying out the
responsibilities of the Office described in subsection (c).
``(f) Director.--The Office shall be headed by a Director of
Seafood Policy and Program Integration, who shall be appointed by the
Secretary.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $5,000,000 for each of fiscal years 2023 through
2028; and
``(2) such sums as are necessary for each of fiscal years
2029 through 2033.''.
SEC. 6. WILD USA SEAFOOD LABEL.
Title II of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.) is amended by adding at the end the following:
``Subtitle H--Wild USA Seafood Label
``SEC. 298A. DEFINITIONS.
``In this subtitle:
``(1) Fish.--The term `fish' means finfish, mollusks,
crustaceans, and all other forms of aquatic animal and plant
life other than aquatic mammals and birds.
``(2) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``SEC. 298B. WILD USA SEAFOOD LABEL.
``(a) In General.--A retailer of fish or person engaged in the
business of supplying fish to a retailer may label the fish as `wild
USA seafood', `wild American seafood', or any equivalent designation
only if--
``(1) the fish is naturally born in the wild or hatchery-
originated fish released in the wild;
``(2) the fish is caught, taken, or harvested from--
``(A) waters within the exclusive economic zone (as
defined in section 107 of title 46, United States
Code); or
``(B) navigable waters (as defined in section 502
of the Federal Water Pollution Control Act (33 U.S.C.
1362)); and
``(3) if the fish is caught, taken, or harvested by a
vessel, such vessel is a vessel of the United States (as
defined in section 3 of the Magnuson-Stevens Fisheries
Conservation and Management Act (16 U.S.C. 1802)).
``(b) Method of Notification.--
``(1) In general.--The information described in subsection
(a) may be provided to consumers by means of a label, stamp,
mark, placard, or other clear and visible sign on the fish or
on the package, display, holding unit, or bin containing the
fish at the final point of sale to consumers.
``(2) Labeled commodities.--If fish is already individually
labeled for retail sale with the label described in subsection
(a), the retailer shall not be required to provide any
additional information to comply with this section.
``SEC. 298C. ENFORCEMENT.
``(a) Warnings.--If the Secretary determines that a retailer of
fish or person engaged in the business of supplying fish to a retailer
is in violation of section 298B, the Secretary shall--
``(1) notify the retailer or person of the determination of
the Secretary; and
``(2) provide the retailer or person a 30-day period,
beginning on the date on which the retailer or person receives
the notice under paragraph (1) from the Secretary, during which
the retailer or person may take necessary steps to comply with
section 298B.
``(b) Fines.--
``(1) In general.--The Secretary may fine a retailer or
person under paragraph (2) if, on completion of the 30-day
period described in subsection (a)(2), the Secretary determines
that the retailer or person--
``(A) has not made a good faith effort to comply
with section 298B; and
``(B) continues to willfully violate section 298B
with respect to the violation about which the retailer
or person received notification under subsection
(a)(1).
``(2) Notice and hearing; amount.--After providing notice
and an opportunity for a hearing before the Secretary with
respect to the violation described in paragraph (1), the
Secretary may fine the retailer or person in an amount of not
more than $10,000 for each violation.
``SEC. 298D. REGULATIONS.
``The Secretary may promulgate such regulations as are necessary to
implement this subtitle.''.
SEC. 7. ELIGIBILITY FOR COMMERCIAL FISHING.
Section 343(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1991(a)) is amended--
(1) in paragraph (1), by striking ``in, fish farming'' and
inserting the following: ``in--
``(A) fish farming; and
``(B) in the case of assistance under subtitle B,
commercial fishing''; and
(2) in paragraph (2), by striking ``shall'' and all that
follows through the period at the end and inserting the
following: ``includes--
``(A) fish farming; and
``(B) in the case of assistance under subtitle B,
commercial fishing.''.
SEC. 8. WAIVER TO PURCHASE FOREIGN SEAFOOD COMMODITIES OR PRODUCTS.
(a) Definition of Foreign Seafood Commodity or Product.--Section
12(n)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(n)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(2) by striking the paragraph designation and heading and
all that follows through ``the term'' in the matter preceding
clause (i) (as so redesignated) and inserting the following:
``(1) Definitions.--In this subsection:
``(A) Domestic commodity or product.--The term'';
and
(3) by adding at the end the following:
``(B) Foreign seafood commodity or product.--The
term `foreign seafood commodity or product' means a
seafood commodity or product other than--
``(i) a seafood commodity that is produced
in the United States; or
``(ii) a seafood product that is processed
in the United States substantially using
seafood commodities that are produced in the
United States.''.
(b) Waiver.--Section 12(n)(2) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(n)(2)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)'';
(2) in subparagraph (B)(ii), by striking ``for the school
lunch'' and all that follows through the period at the end and
inserting the following: ``for--
``(I) the school lunch program
under this Act, including any snacks
served under that program; or
``(II) the school breakfast program
under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).''; and
(3) by adding at the end the following:
``(C) Waiver.--
``(i) Waiver request.--Except as provided
in clause (ii), a school food authority shall
request from the Secretary a waiver of
subparagraph (A) to purchase foreign seafood
commodities or products.
``(ii) Exception.--A school food authority
may purchase foreign seafood commodities or
products without requesting a waiver under
clause (i) if those seafood commodities or
products are not--
``(I) produced domestically; or
``(II) available domestically.
``(iii) Requirements.--The Secretary may
not provide a waiver under clause (i) unless--
``(I) the seafood commodities or
products for which the waiver is
requested are not produced domestically
in sufficient quantities or of
satisfactory quality; and
``(II) the school food authority
enters into an agreement under clause
(iv).
``(iv) Agreement.--The Secretary may not
provide a waiver under clause (i) unless the
school food authority requesting the waiver
agrees to make a notification of the waiver
publicly available on the website of the school
food authority not later than 30 days after
receiving the waiver.''.
(c) Conforming Amendments.--Section 12(n) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(n)) is amended, in paragraphs
(3) and (4), by striking ``Paragraph (2)(A)'' each place it appears and
inserting ``Subparagraphs (A) and (C) of paragraph (2)''.
(d) Plan To Increase Seafood in the National School Lunch
Program.--
(1) In general.--Not later than 180 days after the
establishment of the Office of Seafood Policy and Program
Integration pursuant to section 621 of the Agricultural
Research, Extension, and Education Reform Act of 1998, that
Office shall develop a plan to address factors affecting
increased access to, and use of, seafood in the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) to levels
commensurate with Food and Drug Administration dietary
guidelines.
(2) Inclusions.--The plan developed under paragraph (1)
shall--
(A) specify how the Secretary will enhance
nutrition education, recipes, and training relating to
seafood and seafood preparation;
(B) identify how the Secretary will work with
seafood vendors to allow for the purchase of smaller
quantities of seafood;
(C) establish additional flexibilities to allow
school food authorities and States to procure items
from local food vendors directly;
(D) describe how the Secretary will provide
enhanced technical assistance for school food
authorities and States to support seafood purchases;
and
(E) describe any other actions identified to
enhance the availability of seafood in the national
school lunch program.
(e) Rule of Construction.--Nothing in this section or the
amendments made by this section affects the requirements under section
4207 of the Agriculture Improvement Act of 2018 (42 U.S.C. 1760 note;
Public Law 115-334).
SEC. 9. BUSINESS DEVELOPMENT FOR FOOD SECURITY AND LOCAL COMMUNITY
RESILIENCE STUDY AND REPORT.
(a) In General.--The Secretary shall conduct a study identifying
barriers to local and regional food production, processing, and market
delivery in locations facing food security challenges, including
Alaska, Hawaii, and insular areas.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report describing
the findings of the study conducted under subsection (a) and
recommended congressional actions to reduce the barriers described in
that subsection and foster relevant local community resilience and
business development.
(c) Inclusions.--The study and report described in subsections (a)
and (b) shall identify--
(1) barriers specific to local and regional fishing
industries;
(2) infrastructure deficiencies in the fishing, traditional
commodity agriculture, livestock, and specialty crops
industries contributing to food insecurity; and
(3) logistical and transportation barriers to improving
food security through business development.
SEC. 10. COUNTRY OF ORIGIN LABELING FOR COOKED KING CRAB AND TANNER
CRAB.
Section 281(7)(B) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1638(7)(B)) is amended--
(1) by striking the period at the end and inserting ``;
and'';
(2) by striking ``includes a fillet'' and inserting the
following: ``includes--
``(i) a fillet''; and
(3) by adding at the end the following:
``(ii) whole cooked king crab and tanner
crab and cooked king crab and tanner crab
sections.''.
SEC. 11. COUNTRY OF ORIGIN LABELING FOR COOKED AND CANNED SALMON.
Section 281(7)(B) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1638(7)(B)) (as amended by section 10) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) cooked and canned salmon.''.
<all>
National Seafood Supply Act of 2023
#2208 | S Congress #118
Policy Area: Agriculture and Food
Subjects:
Last Action: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (6/22/2023)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text