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); (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 special milk program under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772); or (III) 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) Waiver request Except as provided in clause (ii), in order to purchase foreign commodities or products, a school food authority shall request from the Secretary a waiver of subparagraph (A). (ii) Exception A school food authority may purchase foreign commodities or products without a waiver under clause (i) if the commodities or products are not— (I) produced domestically; or (II) available domestically. (iii) Requirements The Secretary may not provide a waiver to purchase foreign commodities or products under clause (i) unless— (I) the 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 provide a waiver under clause (i) unless the school food authority requesting the waiver agrees— (I) not later than 30 days after receiving the waiver, to make the waiver publicly available on the website of the school food authority; and (II) not less than once each school year, to email a notification of all waivers to parents or guardians of students who will be served the foreign commodity or product purchased pursuant to any waivers.. (b) Definition of foreign commodity 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; 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). (d) Rule of construction Nothing in this section or the amendments made by this section affects the requirements under section 4207 of the Agriculture Improvement Act of 2018 (42 U.S.C. 1760 note; Public Law 115–334).