Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices 41943 

Timothy English, 

Acting Administrator, Food and Nutrition 

Service. 

[FR Doc. 2021–16642 Filed 8–3–21; 8:45 am] 

BILLING CODE 3410–30–C 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

Request for Information: Buy American 

in the National School Lunch Program 

and School Breakfast Program 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Notice: Request for information. 

SUMMARY: This is a Request for 

Information from stakeholders, 

including local operators, State 

administrators, industry and producers, 

about the Buy American provision in 

the National School Lunch Program 

(NSLP) and the School Breakfast 

Program (SBP). The NSLP and SBP, 

which are administered by the United 

States Department of Agriculture 

(USDA) Food and Nutrition Service 

(FNS), play a critical role in ensuring 

that America’s children have access to 

nutritious food they need to learn and 

succeed in the classroom, in addition to 

supporting American agriculture, and 

small, minority, and women’s 

businesses and agricultural producers. 

In order to claim Federal reimbursement 

for meals served, school food authorities 

(SFAs) must follow Federal 

procurement and program regulations. 

These include the Buy American 

provision. The purpose of this Request 

for Information is to help FNS gather 

feedback from a wide variety of 

stakeholders on how the Buy American 

provision and guidance are currently 

implemented, changes FNS should 

make to current regulations and 

guidance and feedback on how FNS can 

better support local operators as they 

strive to purchase domestic foods and 

food products. 

DATES: Written comments must be 

received on or before November 2, 2021. 

ADDRESSES: USDA invites the 

submission of the requested information 

through one of the following methods: 

• Federal eRulemaking Portal 

(preferred method): Go to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Send written comments to the 

School Meals Monitoring Branch, 

Program Monitoring and Operational 

Support Division, Child Nutrition 

Programs, USDA Food and Nutrition 

Service, Braddock Metro Center II, 1320 

Braddock Place, Alexandria, VA 22314. 

All comments submitted in response to 

this Request for Information will be 

included in the record and will be made 

available to the public. Please be 

advised that the substance of the 

comments and the identity of the 

individuals or entities submitting the 

comments will be subject to public 

disclosure. USDA will make the 

comments publicly available via http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Saracino, School Meals 

Monitoring Branch, Program Monitoring 

and Operational Support Division, 

Child Nutrition Programs, USDA Food 

and Nutrition Service, 703–605–3223. 

SUPPLEMENTARY INFORMATION: On 

January 25, 2021, President Biden 

signed the Executive Order on Ensuring 

the Future is Made in All of America by 

All of America’s Workers (referred to as 

the Buy American Executive order 

hereafter) supporting the American 

economy by requiring terms and 

conditions of Federal financial 

assistance awards and Federal 

procurements to maximize the use of 

goods, products, and materials 

produced in, and services offered in, the 

United States. FNS is issuing this RFI in 

response to this Executive Order. 

Section 104(d) of the William F. 

Goodling Child Nutrition 

Reauthorization Act of 1998 (Pub. L. 

105–336) added a provision, Section 

12(n) to the National School Lunch Act 

(NSLA) (42 U.S.C. 1760(n)), requiring 

school food authorities (SFAs) to 

purchase, to the maximum extent 

practicable, domestic commodities or 

products. This Buy American provision 

supports the mission of the Child 

Nutrition Programs, which is to serve 

children nutritious meals and support 

American agriculture. The existing 

regulatory provision stems directly from 

the statutory requirement. 

The Buy American provision applies 

to SFAs located in the 48 contiguous 

United States and is one of the 

procurement standards these SFAs must 

comply with when purchasing 

commercial food and food products 

served in NSLP and SBP. Although 

Alaska, Hawaii, and the U.S. territories 

are exempt from the Buy American 

provision, SFAs in Hawaii are required 

to purchase food and food products 

produced in Hawaii in sufficient 

quantities, as determined by the SFA, to 

meet NSLP and SBP needs per 7 CFR 

210.21(d)(3) and 7 CFR 220.16(d)(3). 

Likewise, SFAs in Puerto Rico are 

required to purchase food and food 

products produced in Puerto Rico in 

sufficient quantities, under 42 U.S.C. 

1760(n)(4). 

Section 12(n) of the NSLA defines 

‘‘domestic commodity or product’’ as an 

agricultural commodity that is produced 

in the United States and a food product 

that is processed in the United States 

substantially using agricultural 

commodities produced in the United 

States. Report language accompanying 

the legislation noted that ‘‘substantially 

means over 51% from American 

products.’’ Accordingly, FNS has 

established in guidance that over 51% 

of the final processed product must 

consist of agricultural commodities that 

were grown domestically. Thus, for 

foods that are unprocessed, agricultural 

commodities must be domestic, and for 

foods that are processed, they must be 

processed domestically using domestic 

agricultural food components that are 

comprised of over 51% domestically 

grown items, as determined by the SFA. 

Any processed product used must 

contain over 51% of the product’s food 

component from United States origin. 

This definition of domestic product 

serves both the needs of schools and 

American agriculture. Foods and food 

products from Guam, American Samoa, 

Virgin Islands, Puerto Rico, and the 

Northern Mariana Islands are 

considered domestic products under 

this provision as these products are 

from the territories of the United States. 

FNS has provided through guidance 

limited exceptions to the Buy American 

provision which allow for the purchase 

of foods not meeting the ‘‘domestic’’ 

standard as described above (i.e., ‘‘nondomestic’’) in circumstances when use 

of domestic foods is truly not 

practicable. These exceptions, as 

determined by the SFA, are: 

• The product is not produced or 

manufactured in the United States in 

sufficient and reasonably available 

quantities of a satisfactory quality; or 

• Competitive bids reveal the costs of 

a United States product are significantly 

higher than the non-domestic product. 

It should be noted that FNS has not 

defined a dollar amount or percentage 

triggering possible use of an exception. 

It is each individual SFA’s 

responsibility to determine what dollar 

amount or percentage constitutes a 

significantly higher price thus 

permitting the use of the exception. If an 

SFA is using one of the above 

exceptions, there is no requirement at 

this time to request a waiver from the 

State agency or FNS in order to 

purchase a non-domestic product. SFAs 

must, however, keep documentation 

justifying their use of exception(s). State 

agencies must ensure SFA compliance 

with the Buy American provision when 

conducting oversight processes. 


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41944 Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices 

FNS has already received feedback 

that stakeholders face difficulties in 

implementing and monitoring the Buy 

American provision and guidance. 

Additionally, stakeholders have reached 

out for assistance with interpreting and 

following the Buy American provision 

and have also requested help with 

understanding the exceptions. Feedback 

provided in response to this Request for 

Information will help inform future 

rulemaking and guidance around the 

Buy American provision. 

Maximizing the Value of Public 

Feedback 

This notice contains a list of 

questions, the answers to which will 

assist FNS in identifying those 

regulations, and/or policies that may 

benefit from modification, streamlining, 

expansion, or repeal in light of the Buy 

American Executive order. FNS 

encourages public comment on these 

questions and seeks any other data 

commenters believe are relevant to 

FNS’s review efforts. The type of 

feedback that is most useful to the 

agency includes feedback that identifies 

specific regulations and/or policies that 

could benefit from reform; feedback that 

refers to specific barriers to 

participation; feedback that offers 

actionable data; and feedback that 

specifies viable alternatives to existing 

approaches that meet statutory 

obligations. For example, feedback that 

simply states that a stakeholder feels 

strongly that FNS should change a 

regulation or policy but does not 

contain specific information on how the 

proposed change would impact the 

costs and benefits of the regulation, is 

much less useful to FNS. FNS is looking 

for new information and new data to 

support any proposed changes. 

Highlighted below are a few of those 

points, noting comments that are most 

useful to FNS. Commenters should 

consider these principles as they answer 

and respond to the questions in this 

notice. 

• Commenters should identify, with 

specificity, the program regulation and/ 

or policy at issue, providing the Code of 

Federal Regulation (CFR) citation where 

appropriate. 

• Commenters should identify, with 

specificity, administrative burdens, 

program requirements, or unnecessary 

complexity that may impose unjustified 

barriers in general, or that may have 

adverse effects on equity for all, 

including individuals who belong to 

underserved communities that have 

been denied equitable treatment, such 

as Black, Latino, and Indigenous and 

Native American persons, Asian 

Americans and Pacific Islanders and 

other persons of color; members of 

religious minorities; lesbian, gay, 

bisexual, transgender, and queer 

(LGBTQ+) persons; persons with 

disabilities, including learning 

disabilities; persons who live in rural 

areas; and persons otherwise adversely 

affected by persistent poverty or 

inequality. 

• Commenters should provide, in as 

much detail as possible, an explanation 

why a program regulation and/or policy 

should be modified, streamlined, 

expanded, or repealed, as well as 

specific suggestions of ways the agency 

can better achieve its statutory and 

regulatory objectives in light of the Buy 

American Executive order. 

• Commenters should provide 

specific data that document the costs, 

burdens, and benefits of existing 

requirements to the extent they are 

available. 

List of Questions for Commenters 

This Request for Information reflects 

the commitment of FNS to work with 

our stakeholders, including local 

operators, State administrators, industry 

and producers, to ensure that the 

Program-specific Buy American 

provision support the Administration’s 

priorities, is practicable and that FNS 

provides adequate guidance. 

The below non-exhaustive list of 

questions is meant to assist members of 

the public in the formulation of 

comments and is not intended to restrict 

the issues that commenters may 

address. 

General 

1. What changes, if any, to the Buy 

American provision and guidance 

would you recommend to FNS to 

support the Buy American executive 

order? Please describe in detail. 

2. Please describe what works well for 

your organization when implementing 

and/or meeting the Buy American 

provision. 

3. Please describe any challenges or 

impediments identified in meeting or 

monitoring the Buy American provision. 

4. Do you have State-specific 

requirements to ensure SFAs comply 

with the Buy American provision (e.g., 

recording every exception used, listing 

alternatives considered, etc.)? If so, 

please describe in detail. 

5. Does your SFA use geographic 

preference when soliciting for 

unprocessed locally grown or locally 

raised agricultural products? 

a. If not, what are the reason(s) your 

SFA does not use geographic preference 

to purchase locally grown or locally 

raised agricultural products? 

6. Does your SFA use small, minority, 

and/or women’s businesses, including 

Tribal businesses, and labor surplus 

firms to purchase or process foods from 

local producers such as farmers, 

ranchers, and other producers, or to 

process unprocessed, locally grown 

agricultural commodities into usable 

food products, needed to operate the 

NSLP and SBP? If yes, which of the 

above does your SFA use and how 

often? Please describe whether your 

SFA has experienced any additional 

benefits (other than obtaining affordable 

foods) by using local producers. 

7. Please provide suggestions on how 

FNS can support stakeholders in 

meeting the Buy American provision or 

in connecting U.S. food producers to 

local schools. 

Exceptions 

8. FNS allows two limited exceptions 

to the Buy American provision: Costs of 

a United States product that are 

significantly higher than the nondomestic product, and insufficient 

domestic quality or quantity. List the 

foods and/or food products that most 

often require an exception. 

(a.) Exceptions due to quantity or 

quality 

(b.) Exceptions due to a significantly 

higher cost 

9. If these currently available 

exceptions were more or less available, 

what impacts would this have? 

10. Do you think FNS should 

establish additional detail in the 

regulations for the Buy American 

provision? 

11. Do you think FNS should define 

what is considered a significantly higher 

cost? If so, how should FNS define 

‘‘significant’’? Please be as specific as 

possible. 

12. What methodology do you use to 

determine a significantly higher cost to 

your SFA that will require the purchase 

of non-domestic foods or food products? 

Do you use a dollar value or percentage 

in your determination? If yes, list the 

dollar value or percentage you use. 

13. Should FNS consider a defined 

list of Buy American ‘‘excepted’’ items 

for food or food products that have been 

determined as not produced in the 

United States in sufficient and 

reasonably available commercial 

quantities of a satisfactory quality? If so, 

what criteria would you use to include 

items on this list, and which items 

would currently be included? 

Collection of Information 

Requirements: This document does not 

impose information collection 

requirements, that is, reporting, 

recordkeeping or third-party disclosure 


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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices 41945 

1U.S. Department of Agriculture Food and 

Nutrition Service. VENA Value Enhanced Nutrition 

Assessment. Available at: https://wicworks.

fns.usda.gov/resources/value-enhanced-nutritionassessment-vena-guidance. 

requirements. However, this document 

does contain a general solicitation of 

comments in the form of a request for 

information. In accordance with 

implementing regulations of the 

Paperwork Reduction Act of 1995 

(PRA), specifically 5 CFR 1320.3(h)(4), 

this general solicitation is exempt from 

the PRA. Facts or opinions submitted in 

response to general solicitations of 

comments from the public, published in 

the Federal Register or other 

publications, regardless of the form or 

format thereof, provided that no person 

is required to supply specific 

information pertaining to the 

commenter other than that necessary for 

self-identification, as a condition of the 

agency’s full consideration, are not 

generally considered information 

collections and therefore not subject to 

the PRA. 

Timothy English, 

Acting Administrator, Food and Nutrition 

Service. 

[FR Doc. 2021–16479 Filed 8–3–21; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

Agency Information Collection 

Activities: WIC Nutrition Assessment 

and Tailoring Study—In-Person Data 

Collection 

AGENCY: Food and Nutrition Service 

(FNS), Agriculture (USDA). 

ACTION: 60-Day notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice invites the general public and 

other public agencies to comment on 

this proposed information collection. 

This collection is a revision of the 

currently approved collection for the 

Special Supplemental Nutrition 

Program for Women, Infants, and 

Children (WIC) Nutrition Assessment 

and Tailoring Study (WIC NATS) [OMB 

Control Number 0584–0663]. The 

revision adds data collection from inperson site visits, where the data 

collection activities planned for the 

currently approved remote site visits 

will be replicated for use with 30 WIC 

clinic sites for in-person site visits once 

WIC clinic sites safely resume in-person 

operations. 

DATES: Written comments must be 

received on or before October 4, 2021. 

ADDRESSES: Comments may be sent to: 

Alexander Bush, Office of Policy 

Support, Food and Nutrition Service, 

USDA, 1320 Braddock Place, 

Alexandria, VA 22314. Comments may 

also be submitted via fax to the attention 

of Karen Castellanos-Brown at 703–305– 

2732 or via email to Karen.CastellanosBrown@usda.gov. Comments will also 

be accepted through the Federal 

eRulemaking Portal. Go to http://

www.regulations.gov and follow the 

online instructions for submitting 

comments electronically. 

All responses to this notice will be 

summarized and included in the request 

for Office of Management and Budget 

approval. All comments will be a matter 

of public record. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information on 

or copies of this information collection 

should be directed to Karen CastellanosBrown at Karen.Castellanos-Brown@

usda.gov or Courtney Paolicelli at 571– 

302–6447. 

SUPPLEMENTARY INFORMATION: Comments 

are invited on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions that were 

used; (c) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) ways to minimize 

the burden of the collection of 

information on those who are to 

respond, including use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. 

Title: WIC Nutrition Assessment and 

Tailoring Study: In-Person Data 

Collection. 

Form Number: Not applicable. 

OMB Number: 0584–0663. 

Expiration Date: 04/30/2024. 

Type of Request: Revision of a 

currently approved collection. 

Abstract: The Special Supplemental 

Nutrition Program for Women, Infants, 

and Children (WIC) provides 

supplemental foods, nutrition education 

and breastfeeding support, and referrals 

to health care and other social services 

to safeguard the health of low-income 

women, infants, and children up to 5 

years of age who are at nutritional risk. 

As part of the certification and 

recertification process, WIC staff 

perform a comprehensive nutrition risk 

assessment with each participant to 

screen for certain nutrition risks and 

collect other relevant dietary and health 

information. Based on the nutrition risk 

assessment, WIC staff can individualize 

the food package benefits, nutrition 

education, and referrals the participant 

receives to meet their unique nutritional 

needs. While guidelines for conducting 

a quality nutrition risk assessment are 

described in the Value Enhanced 

Nutrition Assessment (VENA) 

guidance,1 there is flexibility in how 

WIC staff conduct the nutrition risk 

assessment, and specifics of the process 

may vary by WIC State Agency (SA) and 

by WIC Local Agency (LA). Through 

this study, FNS seeks to better 

understand the nutrition services 

process as it transpires at WIC clinics, 

and WIC staff and participants’ 

satisfaction with the process. The 

findings from this study will be used to 

develop guidance for WIC staff to 

enhance service delivery to improve 

program satisfaction, retention, and 

participant health and nutrition 

outcomes. 

The four study objectives are: (1) 

Provide in-depth descriptive 

information on how a large, diverse 

sample of local WIC agencies performs 

the WIC nutrition risk assessment; (2) 

Systematically describe how a national 

sample of diverse local WIC agencies 

uses the collection of nutrition risk 

assessment information to tailor 

program benefits, including food 

packages, nutrition education, 

breastfeeding promotion and support, 

and referrals to health and social 

services; (3) Investigate relationships 

between WIC nutrition risk services 

processes (to include the nutrition risk 

assessment and the associated tailoring 

of program benefits), and the clinic 

experience, participant and staff 

perceptions, and overall clinic flow and 

efficiency; and (4) Identify specific 

practices or features of nutrition risk 

service processes that facilitate the use 

of nutrition assessment information for 

providing tailored program benefits, and 

that are associated with participant and 

staff satisfaction. 

Under the currently approved WIC 

NATS data collection [OMB Control 

Number 0584–0663], 30 clinic sites will 

be selected to participate in remote site 

visits—where the study team will 

observe remote nutrition assessment 

visits (i.e., assessments done via 

telephone or video call) and then 

interview WIC participants and staff by 

telephone. Under this revision, 30 clinic 

sites will be recruited to participate in 

the same data collection activities— 

including direct observation of nutrition 

assessments and interviews with 


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