Section 1 Short title
This Act may be cited as the “Permanent Flexibility for School Meals Act”.
Permanent Flexibility for School Meals Act
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.
Sec. 2 Nutritional requirements for school lunch and school breakfast programs
Amendments to National School Lunch Act— The Richard B. Russell National School Lunch Act (42 U.S.C. 1751) is amended—
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)”;
in section 9 (42 U.S.C. 1758)—
in the heading, by striking “and other program requirements” and inserting “guidelines”;
in subsection (a)(1)—
in subparagraph (A)—
by striking “shall meet” and inserting “may meet”;
by striking “minimum nutritional requirements prescribed” and inserting “nutrition guidelines issued”; and
by striking “, except that the minimum nutritional requirements” and inserting “which”; and
in subparagraph (B)—
by striking “complying with the nutritional requirements” and inserting “meeting nutrition guidelines”;
by striking “minimum nutritional requirements” and inserting “nutrition guidelines”; and
by striking “maintaining compliance with the requirements” and inserting “meeting nutrition guidelines”; and
in subsection (f)—
in the heading, by striking “Nutritional requirements” and inserting “Nutrition guidelines”;
by striking “requirements of this subsection” each place it appears and inserting “guidelines under this subsection”; and
in paragraph (1), by striking “shall serve” and inserting “may serve”;
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)”;
in section 13(f) (7 U.S.C. 1761(f))—
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
in paragraph (2), by striking “complying with the nutritional requirements prescribed by the Secretary pursuant to this subsection” and inserting “meeting nutrition guidelines”;
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”;
in section 17 (42 U.S.C. 1766)—
in subsection (g)—
in paragraph (2)—
in the heading, by striking “requirements” and inserting “guidelines”; and
in subparagraph (A)—
by striking “shall” and inserting “may”; and
by striking “minimum nutritional requirements prescribed” and inserting “nutrition guidelines issued”;
in paragraph (2)(B)—
in clause (i), by striking “update requirements” and inserting “update guidelines”; and
in clause (ii), by striking “updated requirements” and inserting “updated guidelines”; and
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.”
in subsection (o)(3)(A), by striking “nutritional requirements” and inserting “nutrition guidelines”; and
in subsection (u)(3), by striking “nutritional requirements” both places it appears and inserting “nutrition guidelines”; and
in section 22 (42 U.S.C. 1769c), by striking “nutritional requirements” each place it appears and inserting “nutrition guidelines”.
Amendments to Child Nutrition Act— Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1758) is amended—
in subsection (b)(1), by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and
in subsection (e)—
in the heading, by striking “Nutritional and other program requirements” and inserting “Nutrition guidelines”;
in paragraph (1)(A)—
by striking “shall meet minimum nutritional requirements prescribed” and inserting “may meet nutrition guidelines issued”; and
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
in paragraph (1)(B), by striking “nutritional requirements prescribed” and inserting “nutrition guidelines issued”.