American Food for American Schools Act of 2021

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 2021 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) in subparagraph (B)(ii), by striking for the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 for— (I) the school lunch program under this Act, including any snacks served under such program; (II) the special milk program under section 3 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1772 (III) the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 . (3) by adding at the end the following: (C) Waiver (i) Waiver request Except as provided in clause (ii), a school food authority shall request from the Secretary a waiver of subparagraph (A) to purchase foreign commodities or products. (ii) Exception A school food authority may purchase foreign commodities or products without a waiver under clause (i) if such commodities or products are not— (I) produced domestically; or (II) available domestically. (iii) Requirements The Secretary may not provide a waiver to purchase foreign commodities or products under clause (i) unless— (I) the commodities or products— (aa) are not produced 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 (iv). (iv) Agreement The Secretary may not provide a waiver under clause (i) unless the school food authority requesting such waiver agrees to— (I) not later than 30 days after receiving such a waiver, make the waiver publicly available on the website of the school food authority; and (II) not less than once each school year, email a notification of all waivers to parents or guardians of students who will be served the foreign commodity or product purchased pursuant to any such waivers. . (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) (d) Rule of construction Nothing in this Act or the amendments by this Act shall affect the requirements under section 4207 of the Agriculture Improvement Act of 2018 ( 42 U.S.C. 1760

Summary: American Food for American Schools Act of 2021 This bill requires 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). SFAs may purchase foreign commodities or products without a waiver if the commodities or products are not produced or available domestically. 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 foreign 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 provide a waiver for an SFA to purchase foreign commodities or products unless (1) the commodities or products are not produced 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 email a notification of the waiver to parents or guardians of students who will be served the foreign commodity or product purchased pursuant to the waiver.