Title: Permanent Flexibility for School Meals Act
Policy area: Agriculture and Food

Summary:
Permanent Flexibility for School Meals Act
This bill amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to eliminate the minimum nutritional requirements for Department of Agriculture school meal programs by changing the requirements to voluntary guidelines.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2382 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2382

To amend the Richard B. Russell National School Lunch Act and the Child 
     Nutrition Act of 1966 to eliminate certain Federal nutrition 
                 requirements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2017

  Mrs. Noem introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Richard B. Russell National School Lunch Act and the Child 
     Nutrition Act of 1966 to eliminate certain Federal nutrition 
                 requirements, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permanent Flexibility for School 
Meals Act''.

SEC. 2. NUTRITIONAL REQUIREMENTS FOR SCHOOL LUNCH AND SCHOOL BREAKFAST 
              PROGRAMS.

    (a) Amendments to National School Lunch Act.--The Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751) is amended--
            (1) in section 4(b)(1)(A) (42 U.S.C. 1753(b)(1)(A)), by 
        striking ``(consisting of a combination of foods which meet the 
        minimum nutritional requirements prescribed by the Secretary 
        under section 9(a) of this Act)'';
            (2) in section 9 (42 U.S.C. 1758)--
                    (A) in the heading, by striking ``and other program 
                requirements'' and inserting ``guidelines'';
                    (B) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``shall meet'' and 
                                inserting ``may meet'';
                                    (II) by striking ``minimum 
                                nutritional requirements prescribed'' 
                                and inserting ``nutrition guidelines 
                                issued''; and
                                    (III) by striking ``, except that 
                                the minimum nutritional requirements'' 
                                and inserting ``which''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``complying with 
                                the nutritional requirements'' and 
                                inserting ``meeting nutrition 
                                guidelines'';
                                    (II) by striking ``minimum 
                                nutritional requirements'' and 
                                inserting ``nutrition guidelines''; and
                                    (III) by striking ``maintaining 
                                compliance with the requirements'' and 
                                inserting ``meeting nutrition 
                                guidelines''; and
                    (C) in subsection (f)--
                            (i) in the heading, by striking 
                        ``Nutritional Requirements'' and inserting 
                        ``Nutrition Guidelines'';
                            (ii) by striking ``requirements of this 
                        subsection'' each place it appears and 
                        inserting ``guidelines under this subsection''; 
                        and
                            (iii) in paragraph (1), by striking ``shall 
                        serve'' and inserting ``may serve'';
            (3) in section 11(a)(1)(A) (42 U.S.C. 1759a(a)(1)(A)), by 
        striking ``(consisting of a combination of foods which meet the 
        minimum nutritional requirements prescribed by the Secretary 
        pursuant to subsection 9(a) of this Act)'';
            (4) in section 13(f) (7 U.S.C. 1761(f))--
                    (A) in paragraph (1), by striking ``shall serve 
                meals consisting of a combination of foods and meeting 
                minimum nutritional standards prescribed by the 
                Secretary'' and inserting ``may serve meals consisting 
                of a combination of foods that meet nutrition 
                guidelines issued by the Secretary''; and
                    (B) in paragraph (2), by striking ``complying with 
                the nutritional requirements prescribed by the 
                Secretary pursuant to this subsection'' and inserting 
                ``meeting nutrition guidelines'';
            (5) in section 14(f) (42 U.S.C. 1762a(f)) by striking 
        ``meet the minimum nutritional requirements prescribed by the 
        Secretary under section 9(a) of this Act, and'';
            (6) in section 17 (42 U.S.C. 1766)--
                    (A) in subsection (g)--
                            (i) in paragraph (2)--
                                    (I) in the heading, by striking 
                                ``Requirements'' and inserting 
                                ``Guidelines''; and
                                    (II) in subparagraph (A)--
                                            (aa) by striking ``shall'' 
                                        and inserting ``may''; and
                                            (bb) by striking ``minimum 
                                        nutritional requirements 
                                        prescribed'' and inserting 
                                        ``nutrition guidelines 
                                        issued'';
                            (ii) in paragraph (2)(B)--
                                    (I) in clause (i), by striking 
                                ``update requirements'' and inserting 
                                ``update guidelines''; and
                                    (II) in clause (ii), by striking 
                                ``updated requirements'' and inserting 
                                ``updated guidelines''; and
                            (iii) by amending paragraph (2)(C) to read 
                        as follows:
                    ``(C) Rule of construction.--The nutrition 
                guidelines issued under subparagraph (A) shall not be 
                construed as--
                            ``(i) prohibiting institutions, family or 
                        group day care homes, and sponsored centers 
                        from substituting foods to accommodate the 
                        medical or other special dietary needs of 
                        individual participants; or
                            ``(ii) requiring an institution, family or 
                        group day care home, sponsored center, or 
                        emergency shelter from complying with such 
                        guidelines.'';
                    (B) in subsection (o)(3)(A), by striking 
                ``nutritional requirements'' and inserting ``nutrition 
                guidelines''; and
                    (C) in subsection (u)(3), by striking ``nutritional 
                requirements'' both places it appears and inserting 
                ``nutrition guidelines''; and
            (7) in section 22 (42 U.S.C. 1769c), by striking 
        ``nutritional requirements'' each place it appears and 
        inserting ``nutrition guidelines''.
    (b) Amendments to Child Nutrition Act.--Section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 1758) is amended--
            (1) in subsection (b)(1), by striking subparagraph (D) and 
        redesignating subparagraph (E) as subparagraph (D); and
            (2) in subsection (e)--
                    (A) in the heading, by striking ``Nutritional and 
                Other Program Requirements'' and inserting ``Nutrition 
                Guidelines'';
                    (B) in paragraph (1)(A)--
                            (i) by striking ``shall meet minimum 
                        nutritional requirements prescribed'' and 
                        inserting ``may meet nutrition guidelines 
                        issued''; and
                            (ii) by striking ``, except that the 
                        minimum nutritional requirements shall be 
                        measured by not less than the weekly average of 
                        the nutrient content of school breakfasts''; 
                        and
                    (C) in paragraph (1)(B), by striking ``nutritional 
                requirements prescribed'' and inserting ``nutrition 
                guidelines issued''.
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