H.R. 8337

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8337 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 8337

To prohibit any procurement by the Federal Government of foreign 
seafood for covered food programs, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 16, 2026

Ms. Letlow introduced the following bill; which was referred to the 
Committee on Education and Workforce, and in addition to the Committees 
on Agriculture, Armed Services, and Transportation and Infrastructure, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
the committee concerned

_______________________________________________________________________

A BILL

To prohibit any procurement by the Federal Government of foreign 
seafood for covered food programs, 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 ``Buy American Seafood Act''.

SEC. 2. PROHIBITION ON PROCUREMENT OF FOREIGN SEAFOOD.

Notwithstanding any other provision of law, the head of an agency 
may not procure seafood for any covered food program unless such 
seafood is--
(1) harvested--
(A) in the United States; and
(B) by a United States-flagged fishing vessel; or
(2) produced or processed in the United States through 
aquaculture or domestic seafood processing.

SEC. 3. LIMITED WAIVER AUTHORITY.

(a) In General.--The head of an agency may waive the prohibition 
described in section 2 if the Secretary of Agriculture determines that 
the quantity of United States-produced seafood--
(1) is insufficient to meet the needs of the relevant 
covered food program; or
(2) does not meet the applicable food safety or quality 
standards required under Federal law or the regulations of the 
relevant covered food program.
(b) Publication; Report.--
(1) In general.--Not later than 30 days after a waiver is 
granted pursuant to subsection (a), the waiver shall be 
published in the Federal Register and reported to Congress.
(2) Contents.--Each publication and report required by 
paragraph (1) shall include the following:
(A) An identification of the relevant covered food 
program.
(B) A description of the seafood covered by the 
waiver.
(C) The duration of the waiver.
(D) A description of the determination by the 
Secretary of Agriculture described in subsection (a) 
with respect to such waiver.

SEC. 4. CHILD NUTRITION AMENDMENTS.

Section 12(n) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1760(n)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Definitions.--In this subsection:
``(A) Aquaculture.--The term `aquaculture' means 
the farming of aquatic organisms in controlled 
environments for human consumption.
``(B) Domestic commodity or product.--The term 
`domestic commodity or product' means--
``(i) agricultural commodity that is 
produced in the United States;
``(ii) a food product that is processed in 
the United States substantially using 
agricultural commodities that are produced in 
the United States; and
``(iii) seafood that is--
``(I) harvested--
``(aa) in the United 
States; and
``(bb) by a United States-
flagged fishing vessel; or
``(II) produced and processed in 
the United States through aquaculture 
or domestic seafood processing.
``(C) Domestic seafood processing.--The term 
`domestic seafood processing' means the processing 
operations that occur within the United States to 
materially transform seafood into a product intended 
for human consumption.
``(D) Exclusive economic zone.--The term `exclusive 
economic zone' has the meaning given that term in 
section 3 of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1802).
``(E) Seafood.--The term `seafood' means the 
following:
``(i) Finfish.
``(ii) Shellfish.
``(iii) Crustaceans.
``(iv) Shrimp.
``(v) Crawfish.
``(vi) Oysters.
``(vii) Catfish.
``(viii) Any other aquatic species intended 
for human consumption.
``(F) United states-flagged fishing vessel.--The 
term `United States-flagged fishing vessel' means a 
vessel--
``(i) documented under chapter 121 of title 
46, United States Code; and
``(ii) eligible to operate in the exclusive 
economic zone.
``(G) United states-produced.--The term `United 
States-produced' means harvested, raised, and processed 
within the United States, including the territorial 
waters and exclusive economic zone of the United 
States.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``and 
subparagraph (C)'' after ``subparagraph (B)''; and
(B) by adding at the end the following:
``(C) Waiver for seafood.--
``(i) In general.--The Secretary may waive 
the requirement under subparagraph (A) with 
respect to seafood described in paragraph 
(1)(C) if the Secretary determines that the 
quantity of United States-produced seafood--
``(I) is insufficient to meet the 
needs of the school lunch program under 
this Act or the school breakfast 
program under section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1773); 
or
``(II) does not meet the applicable 
food safety or quality standards 
required under this Act or the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 
et seq.).
``(ii) Publication; report.--
``(I) In general.--Not later than 
30 days after a waiver is granted 
pursuant to clause (i), the waiver 
shall be published in the Federal 
Register and reported to Congress.
``(II) Contents.--Each publication 
and report required by subclause (I) 
shall include the following:
``(aa) A description of 
whether the waiver is with 
respect to the school lunch 
program under this Act or the 
school breakfast program under 
section 4 of the Child 
Nutrition Act of 1966 (42 
U.S.C. 1773).
``(bb) A description of the 
seafood covered by the waiver.
``(cc) The duration of the 
waiver.
``(dd) A description of the 
determination by the Secretary 
described in clause (i) with 
respect to such waiver.''.

SEC. 5. IMPLEMENTATION.

Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Agriculture, in consultation with the Secretary 
of Commerce and the Secretary of Defense--
(1) shall promulgate, under section 553 of title 5, United 
States Code, regulations to carry out this Act; and
(2) may issue guidance consistent with such regulations to 
agencies to carry out this Act.

SEC. 6. DEFINITIONS.

In this Act:
(1) Aquaculture.--The term ``aquaculture'' means the 
farming of aquatic organisms in controlled environments for 
human consumption.
(2) Agency.--The term ``agency'' has the meaning given that 
term in section 551 of title 5, United States Code.
(3) Covered food program.--The term ``covered food 
program'' means the following:
(A) Any program carried out under the Emergency 
Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.).
(B) A subsistence or food service program of the 
Department of Defense.
(C) Any program to provide food in an area in which 
the President has declared a major disaster under 
section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170) carried 
out by the Administrator of the Federal Emergency 
Management Agency.
(D) Any other program of an agency that purchases 
or distributes food using Federal funds.
(4) Domestic seafood processing.--The term ``domestic 
seafood processing'' means the processing operations that occur 
within the United States to materially transform seafood into a 
product intended for human consumption.
(5) Exclusive economic zone.--The term ``exclusive economic 
zone'' has the meaning given that term in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1802).
(6) Seafood.--The term ``seafood'' means the following:
(A) Finfish.
(B) Shellfish.
(C) Crustaceans.
(D) Shrimp.
(E) Crawfish.
(F) Oysters.
(G) Catfish.
(H) Any other aquatic species intended for human 
consumption.
(7) United states-flagged fishing vessel.--The term 
``United States-flagged fishing vessel'' means a vessel--
(A) documented under chapter 121 of title 46, 
United States Code; and
(B) eligible to operate in the exclusive economic 
zone.
(8) United states-produced.--The term ``United States-
produced'' means harvested, raised, and processed within the 
United States, including the territorial waters and exclusive 
economic zone of the United States.

SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

No additional amounts are authorized to be appropriated to carry 
out this Act.
<all>