[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.''.
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