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 meal 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).