H.R. 8337

119 HR 8337 IH: Buy American Seafood Act
 U.S. House of Representatives
 2026-04-16
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  2d Session  H. R. 8337  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.
1.
Short title
This Act may be cited as the   Buy American Seafood Act  .
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.
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.
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.
  .
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.
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.
7.
No additional authorization of appropriations
No additional amounts are authorized to be appropriated to carry out this Act.