[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1589 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1589

 To amend the Richard B. Russell National School Lunch Act to improve 
           nutrition in tribal areas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2023

Ms. Leger Fernandez (for herself, Mr. McGovern, Ms. Stansbury, and Mr. 
   Gallego) 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 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 
2023''.

SEC. 2. CATEGORICAL ELIGIBILITY.

    Section 9(b)(5) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(b)(5)) is amended--
            (1) in subparagraph (D), by striking ``or'' at the end;
            (2) in subparagraph (E)(ii), by striking the period at the 
        end and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(F) a child who is an enrolled member, or who has 
                1 or more parents who are enrolled members, of an 
                Indian tribe (as defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304)).''.

SEC. 3. REIMBURSEMENT RATES.

    Section 12(f) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1760(f)) is amended--
            (1) by striking ``and'' before ``the Commonwealth'';
            (2) by inserting ``and geographic areas that serve Bureau-
        funded schools (as defined in section 1141 of the Education 
        Amendments of 1978 (25 U.S.C. 2021)) and elementary schools and 
        secondary schools (as those terms are defined in section 8101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801)) on or near an Indian reservation'' before ``the 
        Secretary'';
            (3) by inserting ``or area, as applicable,'' after ``such 
        State''; and
            (4) by inserting ``or areas, as applicable,'' after ``those 
        States''.

SEC. 4. TRIBALLY OPERATED MEAL PILOT PROGRAM.

    Section 18 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1769) is amended by inserting after subsection (c) the 
following:
    ``(d) Tribally Operated Meal Pilot Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered institution.--The term `covered 
                institution' means--
                            ``(i) a Bureau-funded school (as defined in 
                        section 1141 of the Education Amendments of 
                        1978 (25 U.S.C. 2021));
                            ``(ii) a school (as such term is defined in 
                        section 12(d) of the Richard B. Russell 
                        National School Lunch Act (42 U.S.C. 1760(d)) 
                        on or near an Indian reservation; and
                            ``(iii) an early care and education 
                        facility, including a facility that 
                        participates in a Head Start program authorized 
                        under the Head Start Act (42 U.S.C. 9831 et 
                        seq.).
                    ``(B) Eligible entity.--The term `eligible entity' 
                means--
                            ``(i) an Indian tribe or tribal 
                        organization approved by an Indian tribe;
                            ``(ii) a tribal educational agency;
                            ``(iii) a consortium of Indian tribes; and
                            ``(iv) a partnership between--
                                    ``(I) an Indian tribe; and
                                    ``(II)(aa) a State educational 
                                agency;
                                    ``(bb) a local educational agency;
                                    ``(cc) a tribal educational agency; 
                                or
                                    ``(dd) the Bureau of Indian 
                                Education.
                    ``(C) Indian tribe.--The term `Indian tribe' has 
                the meaning given the term in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304).
                    ``(D) Program.--The term `program' means the pilot 
                program established under paragraph (2).
                    ``(E) Tribal educational agency.--The term `tribal 
                educational agency' has the meaning given the term in 
                section 6132(b) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7452(b)).
            ``(2) Establishment.--The Secretary shall establish a pilot 
        program to award grants to 10 eligible entities to operate and 
        implement in covered institutions 1 or more of the following 
        programs:
                    ``(A) The school lunch program authorized under 
                this Act.
                    ``(B) The summer food service program for children 
                established under section 13.
                    ``(C) The child and adult care food program 
                established under section 17.
                    ``(D) The school breakfast program established by 
                section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                1773).
            ``(3) Terms of grant.--
                    ``(A) Amount.--The amount of a grant awarded to an 
                eligible entity under the program shall be negotiated 
                with the eligible entity, but shall be not less than 
                $10,000 and not more than $100,000 for each fiscal 
                year.
                    ``(B) Period.--A grant awarded to an eligible 
                entity under the program shall be available for a 
                period of 2 years after the date on which the grant is 
                received by the eligible entity.
            ``(4) Application.--To be eligible to receive a grant under 
        the program, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            ``(5) Criteria for selection.--In selecting eligible 
        entities to receive grants under the program, the Secretary 
        shall select eligible entities that--
                    ``(A) are located in diverse geographic areas; and
                    ``(B) serve Indian tribes of varying population 
                size.
            ``(6) Reimbursements.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, an eligible entity that receives a 
                grant under the program to operate and implement a 
                program described in subparagraphs (A) through (D) of 
                paragraph (2) shall--
                            ``(i) with respect to the program described 
                        in subparagraph (A) of that paragraph, be 
                        reimbursed under that program as if the 
                        eligible entity were a State described in 
                        section 12(f);
                            ``(ii) with respect to the program 
                        described in subparagraph (B) of that 
                        paragraph, be reimbursed under that program as 
                        if the eligible entity were a State under 
                        section 13;
                            ``(iii) with respect to the program 
                        described in subparagraph (C) of that 
                        paragraph, be reimbursed under that program as 
                        if the eligible entity were a State under 
                        section 17; and
                            ``(iv) in the case of the program described 
                        in subparagraph (D) of that paragraph, shall be 
                        reimbursed under that program as if the 
                        eligible entity were a State educational 
                        agency.
                    ``(B) Administrative funds.--An eligible entity 
                that receives a grant under the program shall receive 
                administrative funds at a rate that is consistent with 
                the amount received by a State under section 7 of the 
                Child Nutrition Act of 1966 (42 U.S.C. 1776).
            ``(7) Report.--Not later than 1 year after the conclusion 
        of the pilot program, the Secretary shall submit to Congress a 
        report on the outcomes of the pilot program.''.
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