American Food for American Schools Act of 2018

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. Short title This Act may be cited as the American Food for American Schools Act of 2018 2. Waiver to purchase foreign commodities or products (a) In general Section 12(n) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(n) (1) in paragraph (1)— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as so redesignated), by striking (1) Definition the (1) Definitions In this subsection: (A) Domestic commodity or product The ; and (C) by adding at the end the following: (B) Foreign commodity or product The term foreign commodity or product ; and (2) in paragraph (2)— (A) in subparagraph (A), by striking subparagraph (B) subparagraphs (B) and (C) (B) by adding at the end the following: (C) Waiver (i) Waiver request Except as provided in clause (ii), to purchase a foreign commodity or product, a school food authority shall request from the Secretary a waiver of subparagraph (A). (ii) Exception A school food authority may purchase a foreign commodity or product without a waiver under clause (i) if the foreign commodity or product is— (I) produced domestically; or (II) available domestically. (iii) Requirements The Secretary shall not grant a waiver to purchase a foreign commodity or product under clause (i) unless— (I) as determined by the Secretary, the commodity or product— (aa) is not produced domestically in a sufficient quantity or of a satisfactory quality; and (bb) if purchased domestically, would be significantly higher in price than a foreign commodity or product; and (II) the school food authority requesting the waiver agrees— (aa) to make the waiver publicly available on the website of the school food authority; and (bb) to 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. . (b) 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 2018 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). 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 grant 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.