Title: Tribal Nutrition Improvement Act of 2018
Policy area: Agriculture and Food

Summary:
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]
[S. 2409 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2409

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 SENATE OF THE UNITED STATES

                            February 8, 2018

Mr. Udall (for himself, Ms. Cortez Masto, and Ms. Smith) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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)).''.
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