II 

115TH CONGRESS 

2D SESSION S. 2641 

To amend the Richard B. Russell National School Lunch Act to improve 

the requirement to purchase domestic commodities or products, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 10, 2018 

Mr. SULLIVAN (for himself and Ms. CANTWELL) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Richard B. Russell National School Lunch 

Act to improve the requirement to purchase domestic 

commodities or products, 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 2018’’. 


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1 SEC. 2. WAIVER TO PURCHASE FOREIGN COMMODITIES OR 

2 PRODUCTS. 

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

4 Russell National School Lunch Act (42 U.S.C. 1760(n)) 

5 is amended— 

6 (1) in paragraph (1)— 

7 (A) by redesignating subparagraphs (A) 

8 and (B) as clauses (i) and (ii), respectively, and 

9 indenting appropriately; 

10 (B) in the matter preceding clause (i) (as 

11 so redesignated), by striking ‘‘(1) DEFINITION’’ 

12 and all that follows through ‘‘the’’ and inserting 

13 the following: 

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

15 ‘‘(A) DOMESTIC COMMODITY OR PROD16 UCT.—The’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(B) FOREIGN COMMODITY OR PROD19 UCT.—The term ‘foreign commodity or product’ 

20 means an agricultural commodity or food prod21 uct other than a domestic commodity or prod22 uct.’’; and 

23 (2) in paragraph (2)— 

24 (A) in subparagraph (A), by striking ‘‘sub25 paragraph (B)’’ and inserting ‘‘subparagraphs 

26 (B) and (C)’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(C) WAIVER.— 

3 ‘‘(i) WAIVER REQUEST.—Except as 

4 provided in clause (ii), to purchase a for5 eign commodity or product, a school food 

6 authority shall request from the Secretary 

7 a waiver of subparagraph (A). 

8 ‘‘(ii) EXCEPTION.—A school food au9 thority may purchase a foreign commodity 

10 or product without a waiver under clause 

11 (i) if the foreign commodity or product 

12 is— 

13 ‘‘(I) produced domestically; or 

14 ‘‘(II) available domestically. 

15 ‘‘(iii) REQUIREMENTS.—The Sec16 retary shall not grant a waiver to purchase 

17 a foreign commodity or product under 

18 clause (i) unless— 

19 ‘‘(I) as determined by the Sec20 retary, the commodity or product— 

21 ‘‘(aa) is not produced do22 mestically in a sufficient quantity 

23 or of a satisfactory quality; and 

24 ‘‘(bb) if purchased domesti25 cally, would be significantly highVerDate Sep 11 2014 01:02 Apr 11, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2641.IS S2641

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1 er in price than a foreign com2 modity or product; and 

3 ‘‘(II) the school food authority 

4 requesting the waiver agrees— 

5 ‘‘(aa) to make the waiver 

6 publicly available on the website 

7 of the school food authority; and 

8 ‘‘(bb) to email a notification 

9 of the waiver to parents or 

10 guardians of students who will be 

11 served the foreign commodity or 

12 product purchased pursuant to 

13 the waiver.’’. 

14 (b) CONFORMING AMENDMENTS.—Section 12(n) of 

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

16 U.S.C. 1760(n)) is amended— 

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

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

19 of paragraph (2)’’; and 

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

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

22 of paragraph (2)’’. 

Æ 


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