HR 1241 — American Food for American Schools Act of 2017

Summary

American Food for American Schools Act of 2017 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.

Bill Text

• Introduced Introduced in House Current html February 28, 2017

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the Richard B. Russell National School Lunch Act to require school food authorities to make public waivers to the Buy American requirement.

• 42 U.S.C. 1760(n)(2)

  subparagraph (B) → subparagraphs (B) and (C)

  This change adds a new requirement in the waiver process regarding purchasing foreign commodities.

• 42 U.S.C. 1760(n)(2)

  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 grant a waiver to purchase foreign commodities or products under clause (i) unless--(I) such 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 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; and (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.

  This provision outlines the waiver request process for purchasing foreign commodities, including public notification requirements.

• 42 U.S.C. 1760(n)(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.

  This defines domestic and foreign commodities for the context of waivers under the Buy American requirement.

• 42 U.S.C. 1760(n)

  Paragraph (2)(A) → Subparagraphs (A) and (C) of paragraph (2)

  This change aligns the references in other paragraphs to include the newly added subparagraph C for clarity in the waiver process.

• 42 U.S.C. 1760(n)

  Paragraph (2)(A) → Subparagraphs (A) and (C) of paragraph (2)

  This further conforming amendment clarifies the reference to multiple subparagraphs in the legal text.

Action History

1. February 28, 2017

   Introduced in House

2. February 28, 2017

   Introduced in House

3. February 28, 2017

   Referred to the House Committee on Education and the Workforce.

Sponsors

• Doug LaMalfa · Primary

Subjects