[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2301 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2301

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2023

 Mr. Braun (for himself and Mr. Brown) 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 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 2023''.

SEC. 2. REQUIREMENTS FOR PURCHASE OF FOREIGN COMMODITIES OR PRODUCTS.

    (a) Definitions.--Section 12(n) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1760(n)) is amended by striking paragraph 
(1) and inserting the following:
            ``(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;
                            ``(ii) a food product that--
                                    ``(I) is processed in the United 
                                States; and
                                    ``(II) substantially contains 
                                agricultural commodities described in 
                                clause (i); and
                            ``(iii) fish or seafood harvested--
                                    ``(I) within the Exclusive Economic 
                                Zone of the United States (as 
                                established by Presidential 
                                Proclamation Number 5030, dated March 
                                10, 1983) (16 U.S.C. 1453 note)); or
                                    ``(II) by a United States-flagged 
                                vessel.
                    ``(B) Foreign commodity or product.--The term 
                `foreign commodity or product' means a commodity or 
                product other than a domestic commodity or product.''.
    (b) Requirement.--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)--
                    (A) by striking ``subparagraph (B)'' and inserting 
                ``subparagraphs (B) and (C)''; and
                    (B) by striking ``purchase, to the maximum extent 
                practicable, domestic'' and inserting ``purchase 
                domestic'';
            (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 the following: ``for--
                                    ``(I) the school lunch program 
                                under this Act, including any snacks 
                                served under that program;
                                    ``(II) the summer food service 
                                program for children under section 13;
                                    ``(III) the child and adult care 
                                food program under section 17;
                                    ``(IV) the special milk program 
                                under section 3 of the Child Nutrition 
                                Act of 1966 (42 U.S.C. 1772); and
                                    ``(V) the school breakfast program 
                                under section 4 of the Child Nutrition 
                                Act of 1966 (42 U.S.C. 1773).''; and
            (3) by adding at the end the following:
                    ``(C) Waiver.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a school food authority shall be 
                        required to request from the Secretary a waiver 
                        of subparagraph (A) before purchasing foreign 
                        commodities or products.
                            ``(ii) Exception.--A school food authority 
                        may purchase foreign commodities or products 
                        without a waiver under clause (i) if the 
                        foreign commodities or products--
                                    ``(I) are not produced or processed 
                                domestically in sufficient quantities 
                                and of satisfactory quality; or
                                    ``(II) are not reasonably available 
                                domestically in sufficient quantities 
                                and of satisfactory quality.
                            ``(iii) Limitation.--Waivers may only be 
                        granted under clause (i) for up to 5 percent of 
                        the total annual commercial food costs of a 
                        school food authority within each food 
                        component (as defined in section 210.2 of title 
                        7, Code of Federal Regulations (or successor 
                        regulations)).
                            ``(iv) Notification requirement.--A school 
                        food authority that purchases foreign 
                        commodities or products under this subparagraph 
                        shall be required, not less than once each 
                        school year, to notify parents or guardians of 
                        students of the foreign commodities or products 
                        purchased.
                            ``(v) Publicly available list of waivers.--
                                    ``(I) In general.--Not later than 1 
                                year after the first waiver is provided 
                                under this subparagraph, the Secretary 
                                shall establish and maintain on the 
                                website of the Department of 
                                Agriculture a publicly available list 
                                of each waiver provided under this 
                                subparagraph, which shall include 
                                information--
                                            ``(aa)(AA) on each school 
                                        food authority that has 
                                        received a waiver under this 
                                        subparagraph; and
                                            ``(BB) on each food product 
                                        for which that school food 
                                        authority received the waiver; 
                                        and
                                            ``(bb) contained in each 
                                        report submitted under clause 
                                        (vi)(II).
                                    ``(II) Maintenance.--The Secretary 
                                shall update the list established in 
                                subclause (I)--
                                            ``(aa) with respect to item 
                                        (aa) of that subclause, not 
                                        later than 90 days after a 
                                        waiver is granted under this 
                                        subparagraph; and
                                            ``(bb) with respect to item 
                                        (bb) of that subclause, on an 
                                        annual basis.
                            ``(vi) Reports.--
                                    ``(I) Report to state educational 
                                agency.--A school food authority shall 
                                submit to the State educational agency 
                                that serves the school food authority, 
                                on an annual basis, a report detailing 
                                the categories of foreign commodities 
                                or products purchased without a waiver 
                                under clause (ii).
                                    ``(II) Report to secretary.--The 
                                State educational agency shall submit 
                                to the Secretary, on an annual basis, a 
                                report containing a compilation of the 
                                information reported to the State 
                                educational agency under subclause 
                                (I).''.
    (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)''.

SEC. 3. BUY AMERICAN CONTRACT REQUIREMENTS.

    Section 12(n) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1760(n)) is amended by adding at the end the following:
            ``(5) Contracts.--
                    ``(A) In general.--Any contract entered into 
                between a school food authority and a supplier for a 
                commodity or food product for programs under this Act 
                or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
                seq.) after the date of enactment of this paragraph 
                shall include a provision (referred to in this 
                paragraph as the `covered provision') that requires the 
                supplier to comply with the requirements of this 
                subsection.
                    ``(B) Reimbursement in the case of noncompliance.--
                            ``(i) In general.--A supplier that enters 
                        into a contract described in subparagraph (A) 
                        that does not comply with the covered provision 
                        in the contract shall be required to pay to the 
                        Secretary an amount equal to the amount of 
                        Federal funds the supplier used to purchase 
                        foreign commodities or products in 
                        noncompliance of the covered provision.
                            ``(ii) Limitation.--Funds paid to the 
                        Secretary under clause (i) shall be available 
                        to the Secretary, without further appropriation 
                        or fiscal year limitation, to carry out 
                        subsection (m).
                    ``(C) Use of noncompliant goods.--A school food 
                authority that receives foreign commodities or products 
                that were obtained in noncompliance with the covered 
                provision in the contract of the school food authority 
                may use those foreign commodities or products without 
                requesting a waiver under paragraph (2)(C).
                    ``(D) Reporting.--
                            ``(i) Report to state educational agency.--
                        A school food authority shall submit to the 
                        State educational agency that serves the school 
                        food authority an annual report describing any 
                        noncompliance of a covered provision in any 
                        contract described in subparagraph (A).
                            ``(ii) Report to secretary.--A State 
                        educational agency shall submit to the 
                        Secretary an annual report containing a 
                        compilation of each instance of noncompliance 
                        reported to the State educational agency under 
                        clause (i).
                    ``(E) Publication.--The Secretary shall make 
                publicly available on the website of the Department of 
                Agriculture a list of each instance of noncompliance 
                reported to the Secretary under subparagraph 
                (D)(ii).''.

SEC. 4. TECHNICAL AMENDMENTS.

    (a) Richard B. Russell National School Lunch Act.--
            (1) Section 9(b) of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1758(b)) is amended--
                    (A) in paragraph (3)(E)(iii), in each of subclauses 
                (III) and (IV), by striking ``reduced-price'' each 
                place it appears and inserting ``reduced price''; and
                    (B) in paragraph (15)(A)(i)(II), by striking 
                ``regulations)'' and inserting ``regulations))''.
            (2) Section 11(e) of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1759a(e)) is amended by striking 
        ``reduced-priced'' and inserting ``reduced price''.
            (3) Section 13(a)(7)(A)(iv) of the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1761(a)(7)(A)(iv)) is 
        amended by inserting ``section'' after ``under''.
            (4) Section 17(o)(3)(A) of the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1766(o)(3)(A)) is amended by 
        striking ``consulation'' and inserting ``consultation''.
            (5) Section 22 of the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1769c) is amended--
                    (A) in subsection (a)--
                            (i) by striking the subsection designation 
                        and heading and all that follows through 
                        ``There'' in paragraph (1) in the matter 
                        preceding subparagraph (A) and inserting the 
                        following:
    ``(a) Unified Accountability System.--There''; and
                            (ii) by redesignating subparagraphs (A) and 
                        (B) as paragraphs (1) and (2), respectively, 
                        and indenting appropriately; and
                    (B) in subsection (b)(1)(A), by striking ``in 
                subparagraphs (A) and (B) of paragraph (1)'' and 
                inserting ``in paragraphs (1) and (2) of subsection 
                (a)''.
    (b) Child Nutrition Act of 1966.--
            (1) Section 7(a)(2)(B)(i) of the Child Nutrition Act of 
        1966 (42 U.S.C. 1776(a)(2)(B)(i)) is amended by striking 
        ``clause (ii)'' and inserting ``clause (ii))''.
            (2) Section 17(h)(4) of the Child Nutrition Act of 1966 (7 
        U.S.C. 1786(h)(4)) is amended--
                    (A) in subparagraph (A)(vi), by striking ``and'' at 
                the end; and
                    (B) in subparagraph (C)(iv), by striking ``; and'' 
                and inserting a period.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall affect 
the requirements under section 4207 of the Agriculture Improvement Act 
of 2018 (42 U.S.C. 1760 note; Public Law 115-334).
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