Tribal Nutrition Improvement Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2494 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 MAY 2, 2019 Ms. HAALAND (for herself, Mr. GRIJALVA, Mr. LUJA´N, Mr. GALLEGO, Ms. MOORE, Ms. BASS, Mr. KILMER, Ms. GABBARD, Mr. CASE, and Mr. MULLIN) introduced the following bill; which was referred to the Com- mittee on Education and Labor 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tribal Nutrition Im- 4 provement Act of 2019’’. 5 VerDate Sep 11 2014 04:02 May 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2494.IH H2494 kjohnson on DSK79L0C42 with BILLS 2 •HR 2494 IH SEC. 2. UNIVERSAL MEAL SERVICE IN NATIVE AMERICAN 1 AREAS. 2 Section 11 of the Richard B. Russell National School 3 Lunch Act (42 U.S.C. 1759a) is amended by inserting 4 after subsection (e) the following: 5 ‘‘(f) UNIVERSAL MEAL SERVICE IN NATIVE AMER- 6 ICAN AREAS.— 7 ‘‘(1) IN GENERAL.—The Secretary shall iden- 8 tify, for optional use in local educational agencies on 9 or near Indian reservations, alternatives to— 10 ‘‘(A) the daily counting by category of 11 meals provided by school lunch programs under 12 this Act and the school breakfast program es- 13 tablished by section 4 of the Child Nutrition 14 Act of 1966 (42 U.S.C. 1773); 15 ‘‘(B) the use of annual applications as the 16 basis for eligibility to receive free meals or re- 17 duced price meals under this Act; and 18 ‘‘(C) the use of universal meal service de- 19 scribed in subsections (a)(1)(F) and (g). 20 ‘‘(2) USE OF ALTERNATIVES.—Alternatives de- 21 scribed in paragraph (1) may be— 22 ‘‘(A) implemented for use in schools or by 23 school food authorities that agree— 24 ‘‘(i) to serve all breakfasts and 25 lunches to all students at no cost; 26 VerDate Sep 11 2014 04:02 May 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2494.IH H2494 kjohnson on DSK79L0C42 with BILLS 3 •HR 2494 IH ‘‘(ii) to pay, from sources other than 1 Federal funds, the costs of serving any 2 lunches and breakfasts that are in excess 3 of the value of assistance received under 4 this Act or the Child Nutrition Act of 1966 5 (42 U.S.C. 1771 et seq.), as determined by 6 the Secretary, with respect to the number 7 of lunches and breakfasts served during 8 the applicable period; and 9 ‘‘(iii) not to collect applications for 10 free or reduced price meals; or 11 ‘‘(B) further tested through demonstration 12 projects carried out by the Secretary in accord- 13 ance with paragraph (3). 14 ‘‘(3) DEMONSTRATION PROJECTS.—For the 15 purpose of carrying out demonstration projects de- 16 scribed in paragraph (2)(B), the Secretary may 17 waive any requirement of this Act relating to— 18 ‘‘(A) counting and claiming of meals pro- 19 vided by school lunch or breakfast programs; 20 and 21 ‘‘(B) determinations of eligibility for free 22 or reduced priced meals.’’. 23 VerDate Sep 11 2014 04:02 May 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2494.IH H2494 kjohnson on DSK79L0C42 with BILLS 4 •HR 2494 IH SEC. 3. SCHOOL LUNCH PROGRAM AND CHILD AND ADULT 1 CARE FOOD PROGRAM. 2 Section 12(d) of the Richard B. Russell National 3 School Lunch Act (42 U.S.C. 1760(d)) is amended by 4 striking paragraph (8) and inserting the following: 5 ‘‘(8) STATE.—The term ‘State’ means— 6 ‘‘(A) any of the 50 States; 7 ‘‘(B) the District of Columbia; 8 ‘‘(C) the Commonwealth of Puerto Rico; 9 ‘‘(D) the Virgin Islands; 10 ‘‘(E) Guam; 11 ‘‘(F) American Samoa; 12 ‘‘(G) the Commonwealth of the Northern 13 Mariana Islands; or 14 ‘‘(H) an Indian tribe (as defined in section 15 4 of the Indian Self-Determination and Edu- 16 cation Assistance Act (25 U.S.C. 5304)).’’. 17 SEC. 4. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. 18 Section 13(a)(1)(E) of the Richard B. Russell Na- 19 tional School Lunch Act (42 U.S.C. 1761(a)(1)(E)) is 20 amended— 21 (1) in clause (vi), by striking ‘‘and’’; 22 (2) in clause (vii), by striking the period and in- 23 serting ‘‘; and’’; and 24 (3) by adding at the end the following: 25 VerDate Sep 11 2014 04:02 May 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2494.IH H2494 kjohnson on DSK79L0C42 with BILLS 5 •HR 2494 IH ‘‘(viii) an Indian tribe (as defined in 1 section 4 of the Indian Self-Determination 2 and Education Assistance Act (25 U.S.C. 3 5304)).’’. 4 SEC. 5. ADMINISTRATIVE AND START UP FUNDS. 5 Section 7(c) of the Child Nutrition Act of 1966 (42 6 U.S.C. 1776(c)) is amended— 7 (1) by striking ‘‘(c) If any State agency’’ and 8 inserting the following: 9 ‘‘(c) ADJUSTMENT IN ADMINISTRATIVE FUNDS.— 10 ‘‘(1) ADMINISTRATION BY A STATE AGENCY.— 11 If any State agency’’; and 12 (2) by adding at the end the following: 13 ‘‘(2) ADMINISTRATION BY AN INDIAN TRIBE.— 14 ‘‘(A) IN GENERAL.—If an Indian tribe 15 agrees to assume responsibility for the adminis- 16 tration of the school breakfast program under 17 section 4 or the school lunch program, summer 18 food service program for children, or child and 19 adult care food program established under the 20 Richard B. Russell National School Lunch Act 21 (42 U.S.C. 1751 et seq.), the Secretary shall 22 make an appropriate adjustment in the admin- 23 istrative funds paid under this section to the 24 VerDate Sep 11 2014 04:02 May 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2494.IH H2494 kjohnson on DSK79L0C42 with BILLS 6 •HR 2494 IH Indian tribe not later than the preceding fiscal 1 year. 2 ‘‘(B) START UP FUNDS.—The adjustment 3 in administrative funds described in subpara- 4 graph (A) shall consist of an amount for start 5 up funds, negotiated with the Indian tribe, of 6 not less than $10,000 nor more than $100,000 7 for each fiscal year.’’. 8 SEC. 6. SCHOOL BREAKFAST PROGRAM. 9 Section 15 of the Child Nutrition Act of 1966 (42 10 U.S.C. 1784) is amended by striking paragraph (1) and 11 inserting the following: 12 ‘‘(1) STATE.—The term ‘State’ means— 13 ‘‘(A) any of the 50 States; 14 ‘‘(B) the District of Columbia; 15 ‘‘(C) the Commonwealth of Puerto Rico; 16 ‘‘(D) the Virgin Islands; 17 ‘‘(E) Guam; 18 ‘‘(F) American Samoa; 19 ‘‘(G) the Commonwealth of the Northern 20 Mariana Islands; or 21 ‘‘(H) an Indian tribe (as defined in section 22 4 of the Indian Self-Determination and Edu- 23 cation Assistance Act (25 U.S.C. 5304)).’’. 24 Æ VerDate Sep 11 2014 04:02 May 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2494.IH H2494 kjohnson on DSK79L0C42 with BILLS