II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Nutrition Im5 provement Act of 2018’’. 


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1 SEC. 2. UNIVERSAL MEAL SERVICE IN NATIVE AMERICAN 

2 AREAS. 

3 Section 11 of the Richard B. Russell National School 

4 Lunch Act (42 U.S.C. 1759a) is amended by inserting 

5 after subsection (e) the following: 

6 ‘‘(f) UNIVERSAL MEAL SERVICE IN NATIVE AMER7 ICAN AREAS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall iden9 tify, for optional use in local educational agencies on 

10 or near Indian reservations, alternatives to— 

11 ‘‘(A) the daily counting by category of 

12 meals provided by school lunch programs under 

13 this Act and the school breakfast program es14 tablished by section 4 of the Child Nutrition 

15 Act of 1966 (42 U.S.C. 1773); 

16 ‘‘(B) the use of annual applications as the 

17 basis for eligibility to receive free meals or re18 duced price meals under this Act; and 

19 ‘‘(C) the use of universal meal service de20 scribed in subsections (a)(1)(F) and (g). 

21 ‘‘(2) USE OF ALTERNATIVES.—Alternatives de22 scribed in paragraph (1) may be— 

23 ‘‘(A) implemented for use in schools or by 

24 school food authorities that agree— 

25 ‘‘(i) to serve all breakfasts and 

26 lunches to all students at no cost; 


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1 ‘‘(ii) to pay, from sources other than 

2 Federal funds, the costs of serving any 

3 lunches and breakfasts that are in excess 

4 of the value of assistance received under 

5 this Act or the Child Nutrition Act of 1966 

6 (42 U.S.C. 1771 et seq.), as determined by 

7 the Secretary, with respect to the number 

8 of lunches and breakfasts served during 

9 the applicable period; and 

10 ‘‘(iii) not to collect applications for 

11 free or reduced price meals; or 

12 ‘‘(B) further tested through demonstration 

13 projects carried out by the Secretary in accord14 ance with paragraph (3). 

15 ‘‘(3) DEMONSTRATION PROJECTS.—For the 

16 purpose of carrying out demonstration projects de17 scribed in paragraph (2)(B), the Secretary may 

18 waive any requirement of this Act relating to— 

19 ‘‘(A) counting and claiming of meals pro20 vided by school lunch or breakfast programs; 

21 and 

22 ‘‘(B) determinations of eligibility for free 

23 or reduced priced meals.’’. 


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1 SEC. 3. SCHOOL LUNCH PROGRAM AND CHILD AND ADULT 

2 CARE FOOD PROGRAM. 

3 Section 12(d) of the Richard B. Russell National 

4 School Lunch Act (42 U.S.C. 1760(d)) is amended by 

5 striking paragraph (8) and inserting the following: 

6 ‘‘(8) STATE.—The term ‘State’ means— 

7 ‘‘(A) any of the 50 States; 

8 ‘‘(B) the District of Columbia; 

9 ‘‘(C) the Commonwealth of Puerto Rico; 

10 ‘‘(D) the Virgin Islands; 

11 ‘‘(E) Guam; 

12 ‘‘(F) American Samoa; 

13 ‘‘(G) the Commonwealth of the Northern 

14 Mariana Islands; or 

15 ‘‘(H) an Indian tribe (as defined in section 

16 4 of the Indian Self-Determination and Edu17 cation Assistance Act (25 U.S.C. 5304)).’’. 

18 SEC. 4. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. 

19 Section 13(a)(1)(E) of the Richard B. Russell Na20 tional School Lunch Act (42 U.S.C. 1761(a)(1)(E)) is 

21 amended— 

22 (1) in clause (vi), by striking ‘‘and’’; 

23 (2) in clause (vii), by striking the period and in24 serting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(viii) an Indian tribe (as defined in 

2 section 4 of the Indian Self-Determination 

3 and Education Assistance Act (25 U.S.C. 

4 5304)).’’. 

5 SEC. 5. ADMINISTRATIVE AND START UP FUNDS. 

6 Section 7(c) of the Child Nutrition Act of 1966 (42 

7 U.S.C. 1776(c)) is amended— 

8 (1) by striking ‘‘(c) If any State agency’’ and 

9 inserting the following: 

10 ‘‘(c) ADJUSTMENT IN ADMINISTRATIVE FUNDS.— 

11 ‘‘(1) ADMINISTRATION BY A STATE AGENCY.— 

12 If any State agency’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(2) ADMINISTRATION BY AN INDIAN TRIBE.— 

15 ‘‘(A) IN GENERAL.—If an Indian tribe 

16 agrees to assume responsibility for the adminis17 tration of the school breakfast program under 

18 section 4 or the school lunch program, summer 

19 food service program for children, or child and 

20 adult care food program established under the 

21 Richard B. Russell National School Lunch Act 

22 (42 U.S.C. 1751 et seq.), the Secretary shall 

23 make an appropriate adjustment in the admin24 istrative funds paid under this section to the 


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1 Indian tribe not later than the preceding fiscal 

2 year. 

3 ‘‘(B) START UP FUNDS.—The adjustment 

4 in administrative funds described in subpara5 graph (A) shall consist of an amount for start 

6 up funds, negotiated with the Indian tribe, of 

7 not less than $10,000 nor more than $100,000 

8 for each fiscal year.’’. 

9 SEC. 6. SCHOOL BREAKFAST PROGRAM. 

10 Section 15 of the Child Nutrition Act of 1966 (42 

11 U.S.C. 1784) is amended by striking paragraph (1) and 

12 inserting the following: 

13 ‘‘(1) STATE.—The term ‘State’ means— 

14 ‘‘(A) any of the 50 States; 

15 ‘‘(B) the District of Columbia; 

16 ‘‘(C) the Commonwealth of Puerto Rico; 

17 ‘‘(D) the Virgin Islands; 

18 ‘‘(E) Guam; 

19 ‘‘(F) American Samoa; 

20 ‘‘(G) the Commonwealth of the Northern 

21 Mariana Islands; or 

22 ‘‘(H) an Indian tribe (as defined in section 

23 4 of the Indian Self-Determination and Edu24 cation Assistance Act (25 U.S.C. 5304)).’’. 

Æ 


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