I 

116TH CONGRESS 

1ST SESSION H. R. 1352 

To provide for parity for Guam and the United States Virgin Islands under 

the Richard B. Russell National School Lunch Act and the Child Nutrition Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2019 

Ms. PLASKETT (for herself and Mr. SAN NICOLAS) introduced the following 

bill; which was referred to the Committee on Education and Labor 

A BILL 

To provide for parity for Guam and the United States Virgin 

Islands under the Richard B. Russell National School 

Lunch Act and the Child Nutrition Act, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal School Meals 

5 Parity Act’’. 


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1 SEC. 2. PARITY FOR THE UNITED STATES VIRGIN ISLANDS 

2 AND GUAM. 

3 (a) IN GENERAL.—Notwithstanding section 12(f) of 

4 the Richard B. Russell National School Lunch Act (42 

5 U.S.C. 1760(f)), in providing meals and supplements 

6 under the Richard B. Russell National School Lunch Act 

7 (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutri8 tion Act of 1966 (42 U.S.C. 1773), the Secretary shall 

9 apply to— 

10 (1) Guam the average of the reimbursement 

11 rates applied to Alaska and Hawaii during each fis12 cal year under such provisions of law, respectively; 

13 and 

14 (2) the United States Virgin Islands the same 

15 reimbursement rates applied to Puerto Rico during 

16 each fiscal year under such provisions of law, respec17 tively. 

18 (b) SEVERABILITY.—Notwithstanding section 12(f) 

19 of the Richard B. Russell National School Lunch Act (42 

20 U.S.C. 1760(f)), in the case of a fiscal year in which the 

21 Secretary applies the national average reimbursement rate 

22 for meals and supplements under the Richard B. Russell 

23 National School Lunch Act (42 U.S.C. 1751 et seq.) and 

24 section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 

25 1773) to— 


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1 (1) Alaska or Hawaii, the Secretary shall apply 

2 to Guam the greatest reimbursement rate applied to 

3 any other State or territory— 

4 (A) with respect to meals and supplements 

5 provided under the school lunch program, under 

6 the Richard B. Russell National School Lunch 

7 Act (42 U.S.C. 1751 et seq.); and 

8 (B) with respect to the meals and supple9 ments provided under the school breakfast pro10 gram, under section 4 of the Child Nutrition 

11 Act of 1966 (42 U.S.C. 1773); or 

12 (2) Puerto Rico, the Secretary shall apply to 

13 the United States Virgin Islands the greatest reim14 bursement rate applied to any other State or terri15 tory— 

16 (A) with respect to meals and supplements 

17 provided under the school lunch program, under 

18 the Richard B. Russell National School Lunch 

19 Act (42 U.S.C. 1751 et seq.); and 

20 (B) with respect to meals and supplements 

21 provided under the school breakfast program, 

22 under section 4 of the Child Nutrition Act of 

23 1966 (42 U.S.C. 1773). 

24 (c) RATE ADJUSTMENT.—Notwithstanding section 

25 12(f) of the Richard B. Russell National School Lunch 


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1 Act (42 U.S.C. 1760(f)), the Secretary may apply the na2 tional average reimbursement rate prescribed under the 

3 Richard B. Russell National School Lunch Act (42 U.S.C. 

4 1751 et seq.) and section 4 of the Child Nutrition Act 

5 of 1966 (42 U.S.C. 1773) to Guam or the United States 

6 Virgin Islands, or both, if— 

7 (1) the Secretary— 

8 (A) determines such application is appro9 priate in a report published pursuant to section 

10 3; and 

11 (B) the Secretary publishes such a deter12 mination in the Federal Register with an oppor13 tunity for a public comment period of at least 

14 60 days; and 

15 (2) on a date that is after the termination of 

16 the public comment period required under paragraph 

17 (1)(B) and at least 30 days before applying such re18 imbursement rate Guam or the United States Virgin 

19 Islands, the Secretary provides notice— 

20 (A) to the Congressional committees speci21 fied in section 3(b)(2)(A); 

22 (B) to each of the delegates to the House 

23 of Representatives from Guam and the United 

24 States Virgin Islands, as applicable; and 


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1 (C) to the Governors of Guam and the 

2 United States Virgin Islands, as applicable. 

3 SEC. 3. USDA REPORT ON SCHOOL MEALS REIMBURSE4 MENT RATES IN U.S. TERRITORIES. 

5 (a) USDA REPORT.—Not later than 5 years after the 

6 date of enactment of this Act, and once every 10 years 

7 thereafter, the Secretary of Agriculture shall prepare and 

8 publish a report on— 

9 (1) the cost differences between— 

10 (A) providing meals and supplements 

11 under the Richard B. Russell National School 

12 Act (42 U.S.C. 1751 et seq.) and section 4 of 

13 the Child Nutrition Act of 1966 (42 U.S.C. 

14 1773) in American Samoa, Guam, the Northern 

15 Mariana Islands, Puerto Rico, and the United 

16 States Virgin Islands, respectively; 

17 (B) the average cost of providing meals 

18 and supplements under such provisions of law 

19 in the contiguous 48 States and the District of 

20 Columbia; and 

21 (C) the cost of providing meals and supple22 ments under such provisions of law in Alaska 

23 and Hawaii; 

24 (2) the relationship between the cost differences 

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1 ment rates for meals and supplements under the 

2 Richard B. Russell National School Lunch Act (42 

3 U.S.C. 1751 et seq.) and section 4 of the Child Nu4 trition Act of 1966 (42 U.S.C. 1773); and 

5 (3) the number and percentage of students who 

6 are eligible for— 

7 (A) a free or reduced price lunch under the 

8 Richard B. Russell National School Lunch Act 

9 (42 U.S.C. 1751 et seq.); and 

10 (B) the breakfast program under section 4 

11 of the Child Nutrition Act of 1966 (42 U.S.C. 

12 1773). 

13 (b) PUBLIC AVAILABILITY.—The report required 

14 under subsection (a) shall be— 

15 (1) published on the Internet website of the 

16 Federal Register for public comment for no fewer 

17 than 60 days; and 

18 (2) finalized within 180 days after the end of 

19 the public comment period and— 

20 (A) submitted to the Committee on Edu21 cation and Labor and the Committee on Agri22 culture of the House of Representatives, the 

23 Committee on Agriculture, Nutrition, and For24 estry of the Senate, and each of the delegates 

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1 resentatives from American Samoa, Guam, the 

2 Northern Mariana Islands, Puerto Rico, and 

3 the United States Virgin Islands, respectively; 

4 and 

5 (B) made readily available on a public 

6 Government Internet website. 

Æ 


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