S.Amdt. 3204

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)''.
______