II 118th CONGRESS 1st Session S. 2208 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.

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. 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. 3. Definition of Secretary In this Act, the term Secretary means the Secretary of Agriculture. 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. 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: 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. . 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: H Wild USA Seafood Label 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. 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. 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. 298D. Regulations The Secretary may promulgate such regulations as are necessary to implement this subtitle. . 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. . 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 ). 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. 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. . 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. .