American Food for American Schools Act of 2021
Bill: H.R.465 | Sponsor: Rep. Garamendi, John (D-CA)
Policy area: Agriculture and Food

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.

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 Representatives 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 2021''.

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 ``subparagraph (B)'' 
        and inserting ``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).'' and inserting ``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); and
                                    ``(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)) is 
amended to read as follows:
            ``(1) Definitions.--In this subsection:
                    ``(A) Domestic commodity or product.--The term 
                `domestic commodity or product' 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 product.--The term 
                `foreign commodity or product' means a commodity or 
                product other than a domestic 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
            (2) in paragraph (4), by striking ``Paragraph (2)(A)'' and 
        inserting ``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 note).
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