[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1352 Introduced in House (IH)]

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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.

    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 ``Federal School Meals Parity Act''.

SEC. 2. PARITY FOR THE UNITED STATES VIRGIN ISLANDS AND GUAM.

    (a) In General.--Notwithstanding section 12(f) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1760(f)), in providing 
meals and supplements under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773), the Secretary shall apply to--
            (1) Guam the average of the reimbursement rates applied to 
        Alaska and Hawaii during each fiscal year under such provisions 
        of law, respectively; and
            (2) the United States Virgin Islands the same reimbursement 
        rates applied to Puerto Rico during each fiscal year under such 
        provisions of law, respectively.
    (b) Severability.--Notwithstanding section 12(f) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1760(f)), in the case of a 
fiscal year in which the Secretary applies the national average 
reimbursement rate for meals and supplements under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) to--
            (1) Alaska or Hawaii, the Secretary shall apply to Guam the 
        greatest reimbursement rate applied to any other State or 
        territory--
                    (A) with respect to meals and supplements provided 
                under the school lunch program, under the Richard B. 
                Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.); and
                    (B) with respect to the meals and supplements 
                provided under the school breakfast program, under 
                section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                1773); or
            (2) Puerto Rico, the Secretary shall apply to the United 
        States Virgin Islands the greatest reimbursement rate applied 
        to any other State or territory--
                    (A) with respect to meals and supplements provided 
                under the school lunch program, under the Richard B. 
                Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.); and
                    (B) with respect to meals and supplements provided 
                under the school breakfast program, under section 4 of 
                the Child Nutrition Act of 1966 (42 U.S.C. 1773).
    (c) Rate Adjustment.--Notwithstanding section 12(f) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1760(f)), the Secretary 
may apply the national average reimbursement rate prescribed under the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 
and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) to 
Guam or the United States Virgin Islands, or both, if--
            (1) the Secretary--
                    (A) determines such application is appropriate in a 
                report published pursuant to section 3; and
                    (B) the Secretary publishes such a determination in 
                the Federal Register with an opportunity for a public 
                comment period of at least 60 days; and
            (2) on a date that is after the termination of the public 
        comment period required under paragraph (1)(B) and at least 30 
        days before applying such reimbursement rate Guam or the United 
        States Virgin Islands, the Secretary provides notice--
                    (A) to the Congressional committees specified in 
                section 3(b)(2)(A);
                    (B) to each of the delegates to the House of 
                Representatives from Guam and the United States Virgin 
                Islands, as applicable; and
                    (C) to the Governors of Guam and the United States 
                Virgin Islands, as applicable.

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

    (a) USDA Report.--Not later than 5 years after the date of 
enactment of this Act, and once every 10 years thereafter, the 
Secretary of Agriculture shall prepare and publish a report on--
            (1) the cost differences between--
                    (A) providing meals and supplements under the 
                Richard B. Russell National School Act (42 U.S.C. 1751 
                et seq.) and section 4 of the Child Nutrition Act of 
                1966 (42 U.S.C. 1773) in American Samoa, Guam, the 
                Northern Mariana Islands, Puerto Rico, and the United 
                States Virgin Islands, respectively;
                    (B) the average cost of providing meals and 
                supplements under such provisions of law in the 
                contiguous 48 States and the District of Columbia; and
                    (C) the cost of providing meals and supplements 
                under such provisions of law in Alaska and Hawaii;
            (2) the relationship between the cost differences under 
        paragraph (1) and the national average payment rates for meals 
        and supplements under the Richard B. Russell National School 
        Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1773); and
            (3) the number and percentage of students who are eligible 
        for--
                    (A) a free or reduced price lunch under the Richard 
                B. Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.); and
                    (B) the breakfast program under section 4 of the 
                Child Nutrition Act of 1966 (42 U.S.C. 1773).
    (b) Public Availability.--The report required under subsection (a) 
shall be--
            (1) published on the Internet website of the Federal 
        Register for public comment for no fewer than 60 days; and
            (2) finalized within 180 days after the end of the public 
        comment period and--
                    (A) submitted to the Committee on Education and 
                Labor and the Committee on Agriculture of the House of 
                Representatives, the Committee on Agriculture, 
                Nutrition, and Forestry of the Senate, and each of the 
                delegates or resident commissioner to the House of 
                Representatives from American Samoa, Guam, the Northern 
                Mariana Islands, Puerto Rico, and the United States 
                Virgin Islands, respectively; and
                    (B) made readily available on a public Government 
                Internet website.
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