American Food for American Schools Act of 2016

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. Short title This Act may be cited as the American Food for American Schools Act of 2016 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) (1) in subparagraph (A), by striking subparagraph (B) subparagraphs (B) and (C) (2) by adding at the end the following: (C) Waiver (i) Waiver request A school food authority shall request from the Secretary a waiver of subparagraph (A) to purchase foreign commodities or products. (ii) Requirements The Secretary may not grant a waiver to purchase foreign commodities or products under clause (i) unless— (I) such commodities or products— (aa) are not produced or manufactured 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 (iii). (iii) Agreement The Secretary may not grant a waiver under clause (i) unless the school food authority requesting such waiver agrees to— (I) make the waiver publicly available on the website of the school food authority; (II) email a notification of the waiver to parents or guardians of students who will be served the foreign commodity or product purchased pursuant to such waiver; and (III) display a notice described in clause (iii) on each school menu and school campus where such foreign commodities or products are served. (iv) Notice described The notice described in this clause is a physical notice that specifies the foreign commodities or products (and their countries of origin) served at the school campus at which such notice is displayed. . (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) (1) Definitions In this subsection: (A) Domestic commodity or product The term domestic commodity or product (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 . (c) Conforming amendments Section 12(n) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(n) (1) in paragraph (3), by striking Paragraph (2)(A) Subparagraphs (A) and (C) of paragraph (2) (2) in paragraph (4), by striking Paragraph (2)(A) Subparagraphs (A) and (C) of paragraph (2)

Summary: American Food for American Schools Act of 2016 This bill amends the Richard B. Russell National School Lunch Act to require 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). (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 non-domestic 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 grant a waiver for an SFA to purchase foreign commodities or products unless: (1) the commodities or products are not produced or manufactured 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 meet other specified notification requirements.