H.R. 1241 — Introduced in House

I 115th CONGRESS 1st Session H. R. 1241 IN THE HOUSE OF REPRESENTATIVES February 28, 2017Mr. LaMalfa (for himself, Mr. Garamendi, Mr. Jones, Mr. Gallagher, Mr. Duffy, Mr. Panetta, and Ms. Kaptur) 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. 1. Short title This Act may be cited as the American Food for American Schools Act of 2017. 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); and (2) 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 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. . (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).