Buy American Seafood Act

(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.

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.

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.

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.

(1) by amending paragraph (1) to read as follows:; and

In this subsection:

The term aquaculture means the farming of aquatic organisms in controlled environments for human consumption.

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.

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.

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).

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.

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.

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.

(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:

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.).

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.

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.

(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.

The term aquaculture means the farming of aquatic organisms in controlled environments for human consumption.

The term agency has the meaning given that term in section 551 of title 5, United States Code.

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.

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.

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).

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.

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.

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.