Tribal Nutrition Improvement Act of 2018
This bill amends the Richard B. Russell National School Act to allow an Indian tribe to assume, from a nearby local educational agency (LEA) and in lieu of a state, responsibility for administration of the school breakfast program, the school lunch program, the child and adult care food program, or the summer food service program for children.
The Department of Agriculture (USDA) must identify, for optional use in LEAs on or near Indian reservations, alternatives to current program requirements related to the daily counting of meals by category, the use of annual applications to determine program eligibility, and the use of universal meal service. USDA may implement such alternatives, as limited by the bill, as well as further test them in demonstration projects.
The bill also amends the Child Nutrition Act of 1966 to require USDA to increase the amount of administrative funds paid to an Indian tribe that agrees to assume responsibility for the administration of one of the aforementioned food programs.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4967 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4967
To amend the Richard B. Russell National School Lunch Act and the Child
Nutrition Act of 1966 to improve nutrition in tribal areas, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2018
Ms. Michelle Lujan Grisham of New Mexico (for herself and Mr. Ben Ray
Lujan of New Mexico) 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 improve nutrition in tribal areas, 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 ``Tribal Nutrition Improvement Act of
2018''.
SEC. 2. UNIVERSAL MEAL SERVICE IN NATIVE AMERICAN AREAS.
Section 11 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1759a) is amended by inserting after subsection (e) the
following:
``(f) Universal Meal Service in Native American Areas.--
``(1) In general.--The Secretary shall identify, for
optional use in local educational agencies on or near Indian
reservations, alternatives to--
``(A) the daily counting by category of meals
provided by school lunch programs under this Act and
the school breakfast program established by section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
``(B) the use of annual applications as the basis
for eligibility to receive free meals or reduced price
meals under this Act; and
``(C) the use of universal meal service described
in subsections (a)(1)(F) and (g).
``(2) Use of alternatives.--Alternatives described in
paragraph (1) may be--
``(A) implemented for use in schools or by school
food authorities that agree--
``(i) to serve all breakfasts and lunches
to all students at no cost;
``(ii) to pay, from sources other than
Federal funds, the costs of serving any lunches
and breakfasts that are in excess of the value
of assistance received under this Act or the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.), as determined by the Secretary, with
respect to the number of lunches and breakfasts
served during the applicable period; and
``(iii) not to collect applications for
free or reduced price meals; or
``(B) further tested through demonstration projects
carried out by the Secretary in accordance with
paragraph (3).
``(3) Demonstration projects.--For the purpose of carrying
out demonstration projects described in paragraph (2)(B), the
Secretary may waive any requirement of this Act relating to--
``(A) counting and claiming of meals provided by
school lunch or breakfast programs; and
``(B) determinations of eligibility for free or
reduced priced meals.''.
SEC. 3. SCHOOL LUNCH PROGRAM AND CHILD AND ADULT CARE FOOD PROGRAM.
Section 12(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(d)) is amended by striking paragraph (8) and inserting
the following:
``(8) State.--The term `State' means--
``(A) any of the 50 States;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico;
``(D) the Virgin Islands;
``(E) Guam;
``(F) American Samoa;
``(G) the Commonwealth of the Northern Mariana
Islands; or
``(H) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)).''.
SEC. 4. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN.
Section 13(a)(1)(E) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761(a)(1)(E)) is amended--
(1) in clause (vi), by striking ``and'';
(2) in clause (vii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(viii) an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).''.
SEC. 5. ADMINISTRATIVE AND START UP FUNDS.
Section 7(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(c))
is amended--
(1) by striking ``(c) If any State agency'' and inserting
the following:
``(c) Adjustment in Administrative Funds.--
``(1) Administration by a state agency.--If any State
agency''; and
(2) by adding at the end the following:
``(2) Administration by an indian tribe.--
``(A) In general.--If an Indian tribe agrees to
assume responsibility for the administration of the
school breakfast program under section 4 or the school
lunch program, summer food service program for
children, or child and adult care food program
established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), the
Secretary shall make an appropriate adjustment in the
administrative funds paid under this section to the
Indian tribe not later than the preceding fiscal year.
``(B) Start up funds.--The adjustment in
administrative funds described in subparagraph (A)
shall consist of an amount for start up funds,
negotiated with the Indian tribe, of not less than
$10,000 nor more than $100,000 for each fiscal year.''.
SEC. 6. SCHOOL BREAKFAST PROGRAM.
Section 15 of the Child Nutrition Act of 1966 (42 U.S.C. 1784) is
amended by striking paragraph (1) and inserting the following:
``(1) State.--The term `State' means--
``(A) any of the 50 States;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico;
``(D) the Virgin Islands;
``(E) Guam;
``(F) American Samoa;
``(G) the Commonwealth of the Northern Mariana
Islands; or
``(H) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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