Text: S.2641 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in Senate (04/10/2018)


115th CONGRESS
2d Session
S. 2641


To amend the Richard B. Russell National School Lunch Act to improve the requirement to purchase domestic commodities or products, and for other purposes.


IN THE SENATE OF THE UNITED STATES

April 10, 2018

Mr. 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.

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 2018”.

SEC. 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)”.