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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
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FNS has already received feedback that stakeholders face difficulties in implementing and monitoring the Buy American provision and guidance.
Additionally, stakeholders have reached out for assistance with interpreting and following the Buy American provision and have also requested help with understanding the exceptions. Feedback provided in response to this Request for Information will help inform future rulemaking and guidance around the Buy American provision.
Maximizing the Value of Public Feedback This notice contains a list of questions, the answers to which will assist FNS in identifying those regulations, and/or policies that may benefit from modification, streamlining, expansion, or repeal in light of the Buy American Executive order. FNS
encourages public comment on these questions and seeks any other data commenters believe are relevant to FNSs review efforts. The type of feedback that is most useful to the agency includes feedback that identifies specific regulations and/or policies that could benefit from reform; feedback that refers to specific barriers to participation; feedback that offers actionable data; and feedback that specifies viable alternatives to existing approaches that meet statutory obligations. For example, feedback that simply states that a stakeholder feels strongly that FNS should change a regulation or policy but does not contain specific information on how the proposed change would impact the costs and benefits of the regulation, is much less useful to FNS. FNS is looking for new information and new data to support any proposed changes.
Highlighted below are a few of those points, noting comments that are most useful to FNS. Commenters should consider these principles as they answer and respond to the questions in this notice.
Commenters should identify, with specificity, the program regulation and/
or policy at issue, providing the Code of Federal Regulation CFR citation where appropriate.
Commenters should identify, with specificity, administrative burdens, program requirements, or unnecessary complexity that may impose unjustified barriers in general, or that may have adverse effects on equity for all, including individuals who belong to underserved communities that have been denied equitable treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and
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other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer LGBTQ+ persons; persons with disabilities, including learning disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.
Commenters should provide, in as much detail as possible, an explanation why a program regulation and/or policy should be modified, streamlined, expanded, or repealed, as well as specific suggestions of ways the agency can better achieve its statutory and regulatory objectives in light of the Buy American Executive order.
Commenters should provide specific data that document the costs, burdens, and benefits of existing requirements to the extent they are available.
List of Questions for Commenters This Request for Information reflects the commitment of FNS to work with our stakeholders, including local operators, State administrators, industry and producers, to ensure that the Program-specific Buy American provision support the Administrations priorities, is practicable and that FNS
provides adequate guidance.
The below non-exhaustive list of questions is meant to assist members of the public in the formulation of comments and is not intended to restrict the issues that commenters may address.
General 1. What changes, if any, to the Buy American provision and guidance would you recommend to FNS to support the Buy American executive order? Please describe in detail.
2. Please describe what works well for your organization when implementing and/or meeting the Buy American provision.
3. Please describe any challenges or impediments identified in meeting or monitoring the Buy American provision.
4. Do you have State-specific requirements to ensure SFAs comply with the Buy American provision e.g., recording every exception used, listing alternatives considered, etc.? If so, please describe in detail.
5. Does your SFA use geographic preference when soliciting for unprocessed locally grown or locally raised agricultural products?
a. If not, what are the reasons your SFA does not use geographic preference to purchase locally grown or locally raised agricultural products?

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6. Does your SFA use small, minority, and/or womens businesses, including Tribal businesses, and labor surplus firms to purchase or process foods from local producers such as farmers, ranchers, and other producers, or to process unprocessed, locally grown agricultural commodities into usable food products, needed to operate the NSLP and SBP? If yes, which of the above does your SFA use and how often? Please describe whether your SFA has experienced any additional benefits other than obtaining affordable foods by using local producers.
7. Please provide suggestions on how FNS can support stakeholders in meeting the Buy American provision or in connecting U.S. food producers to local schools.
Exceptions 8. FNS allows two limited exceptions to the Buy American provision: Costs of a United States product that are significantly higher than the nondomestic product, and insufficient domestic quality or quantity. List the foods and/or food products that most often require an exception.
a. Exceptions due to quantity or quality b. Exceptions due to a significantly higher cost 9. If these currently available exceptions were more or less available, what impacts would this have?
10. Do you think FNS should establish additional detail in the regulations for the Buy American provision?
11. Do you think FNS should define what is considered a significantly higher cost? If so, how should FNS define significant? Please be as specific as possible.
12. What methodology do you use to determine a significantly higher cost to your SFA that will require the purchase of non-domestic foods or food products?
Do you use a dollar value or percentage in your determination? If yes, list the dollar value or percentage you use.
13. Should FNS consider a defined list of Buy American excepted items for food or food products that have been determined as not produced in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality? If so, what criteria would you use to include items on this list, and which items would currently be included?
Collection of Information Requirements: This document does not impose information collection requirements, that is, reporting, recordkeeping or third-party disclosure
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