I 

116TH CONGRESS 

1ST SESSION H. R. 1066 

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 

FEBRUARY 7, 2019 

Mr. GARAMENDI (for himself and Mr. LAMALFA) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Food for 

5 American Schools Act of 2019’’. 


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1 SEC. 2. WAIVER TO PURCHASE FOREIGN COMMODITIES OR 

2 PRODUCTS. 

3 (a) IN GENERAL.—Section 12(n)(2) of the Richard 

4 B. Russell National School Lunch Act (42 U.S.C. 

5 1760(n)(2)) is amended— 

6 (1) in subparagraph (A), by striking ‘‘subpara7 graph (B)’’ and inserting ‘‘subparagraphs (B) and 

8 (C)’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(C) WAIVER.— 

11 ‘‘(i) WAIVER REQUEST.—Except as 

12 provided in clause (ii), a school food au13 thority shall request from the Secretary a 

14 waiver of subparagraph (A) to purchase 

15 foreign commodities or products. 

16 ‘‘(ii) EXCEPTION.—A school food au17 thority may purchase foreign commodities 

18 or products without a waiver under clause 

19 (i) if such commodities or products are 

20 not— 

21 ‘‘(I) produced domestically; or 

22 ‘‘(II) available domestically. 

23 ‘‘(iii) REQUIREMENTS.—The Sec24 retary may not provide a waiver to pur25 chase foreign commodities or products 

26 under clause (i) unless— 


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1 ‘‘(I) such commodities or prod2 ucts— 

3 ‘‘(aa) are not produced do4 mestically in sufficient amounts 

5 or of satisfactory quality; and 

6 ‘‘(bb) if purchased domesti7 cally, would be significantly high8 er in price than such foreign 

9 commodities or products; and 

10 ‘‘(II) the school enters into an 

11 agreement under clause (iv). 

12 ‘‘(iv) AGREEMENT.—The Secretary 

13 may not provide a waiver under clause (i) 

14 unless the school food authority requesting 

15 such waiver agrees to— 

16 ‘‘(I) not later than 30 days after 

17 receiving such a waiver, make the 

18 waiver publicly available on the 

19 website of the school food authority; 

20 and 

21 ‘‘(II) not less than once each 

22 school year, email a notification of all 

23 waivers to parents or guardians of 

24 students who will be served the forVerDate Sep 11 2014 00:54 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1066.IH H1066

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1 eign commodity or product purchased 

2 pursuant to any such waivers.’’. 

3 (b) DEFINITION OF FOREIGN COMMODITY.—Section 

4 12(n)(1) of the Richard B. Russell National School Lunch 

5 Act (42 U.S.C. 1760(n)(1)) is amended to read as follows: 

6 ‘‘(1) DEFINITIONS.—In this subsection: 

7 ‘‘(A) DOMESTIC COMMODITY OR PROD8 UCT.—The term ‘domestic commodity or prod9 uct’ means— 

10 ‘‘(i) an agricultural commodity that is 

11 produced in the United States; and 

12 ‘‘(ii) a food product that is processed 

13 in the United States substantially using 

14 agricultural commodities that are produced 

15 in the United States. 

16 ‘‘(B) FOREIGN COMMODITY OR PROD17 UCT.—The term ‘foreign commodity or product’ 

18 means a commodity or product other than a do19 mestic commodity or product.’’. 

20 (c) CONFORMING AMENDMENTS.—Section 12(n) of 

21 the Richard B. Russell National School Lunch Act (42 

22 U.S.C. 1760(n)) is amended— 

23 (1) in paragraph (3), by striking ‘‘Paragraph 

24 (2)(A)’’ and inserting ‘‘Subparagraphs (A) and (C) 

25 of paragraph (2)’’; and 


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1 (2) in paragraph (4), by striking ‘‘Paragraph 

2 (2)(A)’’ and inserting ‘‘Subparagraphs (A) and (C) 

3 of paragraph (2)’’. 

4 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

5 or the amendments by this Act shall effect the require6 ments under section 4207 of the Agriculture Improvement 

7 Act of 2018 (Public Law 115–334). 

Æ 


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