I 

115TH CONGRESS 

1ST SESSION H. R. 1241 

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 28, 2017 

Mr. LAMALFA (for himself, Mr. GARAMENDI, Mr. JONES, Mr. GALLAGHER, 

Mr. DUFFY, Mr. PANETTA, and Ms. KAPTUR) introduced the following 

bill; which was referred to the Committee on Education and the Workforce 

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 2017’’. 


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•HR 1241 IH

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 grant a waiver to purchase 

25 foreign commodities or products under 

26 clause (i) unless— 


rfrederick on DSKBCBPHB2PROD with BILLS
3 

•HR 1241 IH

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 grant a waiver under clause (i) 

14 unless the school food authority requesting 

15 such waiver agrees to— 

16 ‘‘(I) make the waiver publicly 

17 available on the website of the school 

18 food authority; and 

19 ‘‘(II) email a notification of the 

20 waiver to parents or guardians of stu21 dents who will be served the foreign 

22 commodity or product purchased pur23 suant to such waiver.’’. 


rfrederick on DSKBCBPHB2PROD with BILLS
4 

•HR 1241 IH

1 (b) DEFINITION OF FOREIGN COMMODITY.—Section 

2 12(n)(1) of the Richard B. Russell National School Lunch 

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

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

5 ‘‘(A) DOMESTIC COMMODITY OR PROD6 UCT.—The term ‘domestic commodity or prod7 uct’ means— 

8 ‘‘(i) an agricultural commodity that is 

9 produced in the United States; and 

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

11 in the United States substantially using 

12 agricultural commodities that are produced 

13 in the United States. 

14 ‘‘(B) FOREIGN COMMODITY OR PROD15 UCT.—The term ‘foreign commodity or product’ 

16 means a commodity or product other than a do17 mestic commodity or product.’’. 

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

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

20 U.S.C. 1760(n)) is amended— 

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

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

23 of paragraph (2)’’; and 


rfrederick on DSKBCBPHB2PROD with BILLS
5 

•HR 1241 IH

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

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

3 of paragraph (2)’’. 

Æ 


rfrederick on DSKBCBPHB2PROD with BILLS