A last-minute amendment to the U.S. House version of the annual defense funding legislation would eliminate any exceptions for seafood from the government’s usual “Buy American” provisions.
Under the Berry Amendment, the federal government is required to purchase American-made products, although exceptions can be made for select products and those for which the government determines a U.S. produced good is unavailable. However, a provision added by U.S. Representative Nancy Mace (R-South Carolina) would ensure exceptions cannot be issued for seafood, fish, or shellfish purchases.
“For too long, foreign competitors have undercut American workers, threatened our economy, and exploited loopholes in federal law. Our amendment ends it,” Mace said in a statement. “If the Pentagon is buying seafood, it will come from American waters, caught by American hands, not from our adversaries.”
Seafood products are already treated differently than most foods under the Berry Amendment; while the Berry Amendment allows foods that were grown or produced outside the U.S. to be purchased as long as they are manufactured or processed in the U.S., seafood products must be sourced from U.S.-flagged vessels or harvested from U.S. waters. All seafood and fish processing must also take place in the U.S. or on a U.S.-flagged vessel, according to a U.S. military guide to the Berry Amendment. Those restrictions do not apply to seasonings, breadings, or other additions to seafood products.
On 9 September, the House voted by voice to add a block of amendments – including Mace’s – to the legislation, which was passed the following day in a 231 to 196 vote largely along party lines.
"This amendment is a matter of fairness, and we are grateful to Congresswoman Mace for her leadership,” South Carolina Shrimpers Association Vice President Bryan Jones said in a release. “The Department of War has a responsibility to feed our troops and their families safe, high-quality seafood. By closing this loophole, the Congresswoman is ensuring that our military's food supply is not only secure but also supports the very American workers who are the backbone of our coastal communities. This is a common-sense measure that protects both our national security and our domestic industry."
The provision will also need to be passed by the U.S. Senate or incorporated into any compromise bill between the two bodies before becoming law.
The current Senate version of the bill includes a provision that would ban the military from serving or selling Chinese seafood and aquaculture products. U.S. Senator Dan Sullivan (R-Alaska) has also proposed attaching his Fighting Foreign Illegal Seafood Harvest (FISH) Act to the bill, something he attempted to do last year as well.
U.S. lawmakers have been keen to restrict foreign seafood from military purchases and school lunches, introducing multiple bills and provisions in recent years to support domestic seafood harvesters. In 2023, the Senate passed Sullivan’s amendment banning the purchase of Russian or Chinese seafood for the country's National School Lunch Program.
