S. 2641 — Introduced in Senate

II 115th CONGRESS 2d Session S. 2641 IN THE SENATE OF THE UNITED STATES April 10, 2018Mr. Sullivan (for himself and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL 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)) is amended— (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 and all that follows through the and inserting the following: (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 means an agricultural commodity or food product other than a domestic commodity or product. ; and (2) in paragraph (2)— (A) in subparagraph (A), by striking subparagraph (B) and inserting subparagraphs (B) and (C); and (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)) 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).