American Food for American Schools Act of 2026

The proposed amendment to the Richard B. Russell National School Lunch Act, requiring public disclosure of waivers to the Buy American requirement, is a proper exercise of Congress's power under the Spending Clause. Article I, Section 8, Clause 1 grants Congress the authority to 'provide for the common Defence and general Welfare,' which includes attaching conditions to federal funds to ensure accountability and transparency. The requirement does not exceed the scope of the spending power, as it is reasonably related to the federal interest in promoting domestic procurement and public oversigh…

This bill operates under the constitutional authority of the Spending Clause, which empowers Congress to lay and collect taxes and to provide for the general welfare. By attaching a condition of public disclosure to federal funds distributed through the National School Lunch Program, Congress does not command state or local governments but rather offers funds in exchange for compliance. The requirement is reasonably related to the purpose of the program—ensuring public accountability for federally purchased goods—and does not violate the Tenth Amendment, as it leaves states free to decline par…

The proposed requirement for school food authorities to publicly disclose waivers of the Buy American provision touches upon the spending power and the necessary and proper clause, but must be examined for consistency with the enumerated powers of Congress. The Constitution grants Congress authority to provide for the general welfare (Article I, Section 8, Clause 1), and the National School Lunch Act is an exercise of that power. However, the requirement to make waivers public must not exceed the bounds of that power by imposing an undue burden on state or local authorities that would disrupt …

Congress, under its power to tax and spend for the general welfare as enumerated in Article I, Section 8, Clause 1, may attach reasonable conditions to the receipt of federal funds. The requirement that school food authorities publicly disclose any waiver of the Buy American provision is a condition that is directly related to the federal interest in ensuring transparency and accountability in the administration of the National School Lunch Program. Such a condition is a necessary and proper means to effectuate the legitimate ends of the spending power, as affirmed in McCulloch v. Maryland (18…