[Congressional Record Volume 164, Number 107 (Tuesday, June 26, 2018)]
[Senate]
[Pages S4451-S4452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3204. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill H.R. 2, to provide for the reform and continuation 
of agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of subtitle C of title IV, insert the following:

     SEC. 43__. 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--

[[Page S4452]]

       ``(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)''.
                                 ______