American Food for American Schools Act of 2021
This bill requires school food authorities (SFAs) to request a waiver from the Department of Agriculture (USDA) to purchase foreign commodities or products for the National School Lunch Program (NSLP). SFAs may purchase foreign commodities or products without a waiver if the commodities or products are not produced or available domestically.
Under current law, Buy American provisions require SFAs to purchase, to the maximum extent practicable, domestic commodities or products for the NSLP. There are limited exceptions which permit the purchase of foreign products in circumstances when using domestic products is truly not practicable. If an SFA uses an exception, there is no requirement to request a waiver to purchase a foreign product or commodity, but the SFA must keep documentation justifying the exception.
USDA may not provide a waiver for an SFA to purchase foreign commodities or products unless (1) the commodities or products are not produced domestically in sufficient amounts or of satisfactory quality, (2) the domestic commodities or products would be significantly higher in price than foreign commodities or products, and (3) the SFA agrees to make the waiver publicly available on its website and email a notification of the waiver to parents or guardians of students who will be served the foreign commodity or product purchased pursuant to the waiver.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 465 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 465
To amend the Richard B. Russell National School Lunch Act to require a
school food authority to make publicly available any waiver of the Buy
American requirement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2021
Mr. Garamendi (for himself, Ms. Kaptur, Mr. Fortenberry, Mr. Ryan, Mr.
LaMalfa, Mr. Carbajal, Mr. Young, and Mr. Kilmer) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To amend the Richard B. Russell National School Lunch Act to require a
school food authority to make publicly available any waiver of the Buy
American requirement, 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 ``American Food for American Schools
Act of 2021''.
SEC. 2. WAIVER TO PURCHASE FOREIGN COMMODITIES OR PRODUCTS.
(a) In General.--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 program under this Act or the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).'' and inserting ``for--
``(I) the school lunch program
under this Act, including any snacks
served under such program;
``(II) the special milk program
under section 3 of the Child Nutrition
Act of 1966 (42 U.S.C. 1772); and
``(III) the school breakfast
program under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C.
1773).''.
(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
commodities or products.
``(ii) Exception.--A school food authority
may purchase foreign commodities or products
without a waiver under clause (i) if such
commodities or products are not--
``(I) produced domestically; or
``(II) available domestically.
``(iii) Requirements.--The Secretary may
not provide a waiver to purchase foreign
commodities or products under clause (i)
unless--
``(I) the commodities or products--
``(aa) are not produced
domestically in sufficient
amounts or of satisfactory
quality; and
``(bb) if purchased
domestically, would be
significantly higher in price
than such foreign commodities
or products; and
``(II) the school 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 such waiver
agrees to--
``(I) not later than 30 days after
receiving such a waiver, make the
waiver publicly available on the
website of the school food authority;
and
``(II) not less than once each
school year, email a notification of
all waivers to parents or guardians of
students who will be served the foreign
commodity or product purchased pursuant
to any such waivers.''.
(b) Definition of Foreign Commodity.--Section 12(n)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1760(n)(1)) is
amended to read as follows:
``(1) Definitions.--In this subsection:
``(A) Domestic commodity or product.--The term
`domestic commodity or product' means--
``(i) an agricultural commodity that is
produced in the United States; and
``(ii) a food product that is processed in
the United States substantially using
agricultural commodities that are produced in
the United States.
``(B) Foreign commodity or product.--The term
`foreign commodity or product' means a commodity or
product other than a domestic commodity or product.''.
(c) Conforming Amendments.--Section 12(n) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(n)) is amended--
(1) in paragraph (3), by striking ``Paragraph (2)(A)'' and
inserting ``Subparagraphs (A) and (C) of paragraph (2)''; and
(2) in paragraph (4), by striking ``Paragraph (2)(A)'' and
inserting ``Subparagraphs (A) and (C) of paragraph (2)''.
(d) Rule of Construction.--Nothing in this Act or the amendments by
this Act shall affect the requirements under section 4207 of the
Agriculture Improvement Act of 2018 (42 U.S.C. 1760 note).
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E67)
Referred to the House Committee on Education and Labor.
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