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113TH CONGRESS 

1ST SESSION H. R. 3663 

To prohibit regulations establishing certain limits for the school lunch 

program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 5, 2013 

Mrs. NOEM (for herself, Mr. CONAWAY, Mr. FITZPATRICK, Mr. ROE of Tennessee, Mr. RODNEY DAVIS of Illinois, and Mr. ADERHOLT) introduced 

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

the Workforce 

A BILL 

To prohibit regulations establishing certain limits for the 

school lunch program, 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 ‘‘Reducing Federal 

5 Mandates on School Lunch Act’’. 

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1 SEC. 2. PROHIBITION OF REGULATIONS ESTABLISHING 

2 CERTAIN LIMITS FOR THE SCHOOL LUNCH 

3 PROGRAM. 

4 Beginning on the date of enactment of this Act and 

5 until the date of enactment of a law that extends by not 

6 less than 5 fiscal years the authorization or duration of 

7 1 or more programs under the Richard B. Russell School 

8 Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition 

9 Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary of 

10 Agriculture shall not— 

11 (1) implement, administer, or enforce part 210 

12 of title 7, Code of Federal Regulations (as such part 

13 relates to the establishment of a maximum calorie 

14 limit and a maximum quantity of grains, meat, or 

15 meat alternatives for the school lunch program), as 

16 amended by the final regulations published by the 

17 Department of Agriculture in the Federal Register 

18 on January 26, 2012 (77 Fed. Reg. 4088 et seq.); 

19 or 

20 (2) promulgate or enforce any new rule or regu21 lation that establishes a maximum calorie limit or 

22 maximum quantity of grains, meat, or meat alter23 natives for the school lunch program established 

24 under the Richard B. Russell School Lunch Act (42 

25 U.S.C. 1751 et seq.). 

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1 SEC. 3. PROHIBITION OF OTHER NUTRITION REGULATIONS 

2 FOR CERTAIN SCHOOL FOOD AUTHORITIES. 

3 (a) PROHIBITION.— 

4 (1) IN GENERAL.—Beginning on the date of en5 actment of this Act and until the date of enactment 

6 of a law that extends by not less than 5 fiscal years 

7 the authorization or duration of 1 or more programs 

8 under the Richard B. Russell School Lunch Act (42 

9 U.S.C. 1751 et seq.) or the Child Nutrition Act of 

10 1966 (42 U.S.C. 1771 et seq.), the Secretary of Ag11 riculture shall not implement, administer, or enforce 

12 the rules or regulations described in subsection (b) 

13 with respect to any school food authority that cer14 tifies to the State in which the school food authority 

15 is located that the school food authority— 

16 (A) has calculated the costs of complying 

17 with such rules and regulations; and 

18 (B) has determined, in a manner con19 sistent with school district operational proce20 dures, that the school food authority is not ca21 pable of operating a food service program with22 out increased costs as a result of complying 

23 with any or all of such rules and regulations. 

24 (2) PROHIBITION ON DEFINING COSTS.—For 

25 purposes of this subsection, the Secretary of Agri26 culture shall not— 

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1 (A) define the phrase ‘‘costs of com2 plying’’; or 

3 (B) establish or suggest how a school food 

4 authority shall calculate the costs of complying 

5 under paragraph (1)(A) or increased costs 

6 under paragraph (1)(B). 

7 (b) REGULATIONS.—The rules and regulations de8 scribed in subsection (a)(1) are the following: 

9 (1) The rule entitled ‘‘National School Lunch 

10 Program and School Breakfast Program: Nutrition 

11 Standards for All Foods Sold in School as Required 

12 by the Healthy, Hunger-Free Kids Act of 2010’’ 

13 published by the Department of Agriculture in the 

14 Federal Register on June 28, 2013 (78 Fed. Reg. 

15 39068 et seq.), or any new rule with respect to foods 

16 sold in schools other than those foods provided 

17 under the Richard B. Russell School Lunch Act (42 

18 U.S.C. 1751 et seq.) or the Child Nutrition Act of 

19 1966 (42 U.S.C. 1771 et seq.). 

20 (2) Part 210 of title 7, Code of Federal Regula21 tions (as amended by the interim regulations pub22 lished by the Department of Agriculture in the Fed23 eral Register on June 17, 2011 (76 Fed Reg. 35301 

24 et seq.)), as such part relates to school lunch price 

25 increases, or any new rule or regulation with respect 

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1 to increasing the price of school lunches under the 

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

3 1751 et seq.). 

4 (3) Part 220 of title 7, Code of Federal Regula5 tions (as amended by the final regulations published 

6 by the Department of Agriculture in the Federal 

7 Register on January 26, 2012 (77 Fed. Reg. 4088 

8 et seq.)), as such part relates to establishing new 

9 food-based meal patterns, nutrition standards, and 

10 meal planning approaches for the school breakfast 

11 program, or any new rule or regulation which estab12 lishes new food-based meal patterns, nutrition stand13 ards, or meal planning approaches for the school 

14 breakfast program established under the Child Nu15 trition Act of 1966 (42 U.S.C. 1771 et seq.). 

16 SEC. 4. RULES OF CONSTRUCTION. 

17 Nothing in this Act prohibits the Secretary of Agri18 culture from implementing, administering, or enforcing— 

19 (1) any rules or regulations not described in 

20 this Act; or 

21 (2) parts 210 and 220 of title 7, Code of Fed22 eral Regulations, as such parts were in effect on the 

23 day before the effective dates of the amendments 

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1 made to such parts described in paragraphs (2) and 

2 (3) of section 3(b), respectively. 

Æ 

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