I 
114TH CONGRESS 
2D SESSION 
H. R. 6299 
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 
NOVEMBER 14, 2016 
Mr. GARAMENDI 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Food for 
American Schools Act of 2016’’. 
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SEC. 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)) is amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B)’’ and inserting ‘‘subparagraphs (B) and 
(C)’’; and 
(2) by adding at the end the following: 
‘‘(C) WAIVER.— 
‘‘(i) WAIVER
REQUEST.—A school 
food authority shall request from the Sec-
retary 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 prod-
ucts— 
‘‘(aa) are not produced or 
manufactured 
domestically 
in 
sufficient amounts or of satisfac-
tory quality; and 
‘‘(bb) if purchased domesti-
cally, would be significantly high-
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er 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 stu-
dents who will be served the foreign 
commodity or product purchased pur-
suant 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 no-
tice described in this clause is a physical 
notice that specifies the foreign commod-
ities or products (and their countries of or-
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igin) 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)) is amended to read as follows: 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) DOMESTIC
COMMODITY
OR
PROD-
UCT.—The term ‘domestic commodity or prod-
uct’ means— 
‘‘(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
PROD-
UCT.—The term ‘foreign commodity or product’ 
means a commodity or product other than a do-
mestic commodity or product.’’. 
(c) CONFORMING AMENDMENTS.—Section 12(n) of 
the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760(n)) is amended— 
(1) in paragraph (3), by striking ‘‘Paragraph 
(2)(A)’’ and inserting ‘‘Subparagraphs (A) and (C) 
of paragraph (2)’’; and 
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(2) in paragraph (4), by striking ‘‘Paragraph 
(2)(A)’’ and inserting ‘‘Subparagraphs (A) and (C) 
of paragraph (2)’’. 
Æ 
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