What This Bill Does
This bill changes federal school lunch and nutrition programs to better serve Native American communities. It expands who qualifies for free or reduced school meals and creates a test program where tribes can run their own nutrition programs for schools and early education centers on or near Indian reservations.
Who It Affects
Children who are enrolled members of Indian tribes or have parents who are enrolled members. Bureau-funded schools (schools funded by the federal government for Native American students). Tribal organizations and Indian tribes that want to operate school meal programs. Schools on or near Indian reservations. Early care and education facilities including Head Start programs on tribal lands.
Key Provisions
• Children qualify for free school meals if they or their parents are enrolled members of an Indian tribe (Sec. 2)
• Geographic areas serving Bureau-funded schools and schools on or near Indian reservations get higher reimbursement rates for meal programs (Sec. 3)
• The federal government will award grants to 10 tribal organizations to run school lunch programs, summer food programs, breakfast programs and child care food programs in their own communities (Sec. 4)
• Grants will range between $10,000 and $100,000 per year for two years (Sec. 4)
• Tribal organizations receiving grants will get reimbursed at the same rate as states for running these programs (Sec. 4)
What Changes
Children from enrolled tribal families automatically qualify for free or reduced price school meals. Tribal organizations can now directly operate federal nutrition programs instead of only states and school districts doing so. Tribal-run programs receive the same federal reimbursement as state-run programs.
Important Definitions
"Enrolled member" means someone officially recognized as a member of an Indian tribe. "Bureau-funded school" means a school funded by the federal government for Native American students. "Indian tribe" has the meaning given in the Indian Self-Determination and Education Assistance Act.
Effective Date
Not specified in bill text
I
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 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 2023’’.
5
SEC. 2. CATEGORICAL ELIGIBILITY.
6
Section 9(b)(5) of the Richard B. Russell National
7
School Lunch Act (42 U.S.C. 1758(b)(5)) is amended—
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(1) in subparagraph (D), by striking ‘‘or’’ at
1
the end;
2
(2) in subparagraph (E)(ii), by striking the pe-
3
riod at the end and inserting ‘‘; or’’; and
4
(3) by adding at the end the following:
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‘‘(F) a child who is an enrolled member, or
6
who has 1 or more parents who are enrolled
7
members, of an Indian tribe (as defined in sec-
8
tion 4 of the Indian Self-Determination and
9
Education Assistance Act (25 U.S.C. 5304)).’’.
10
SEC. 3. REIMBURSEMENT RATES.
11
Section 12(f) of the Richard B. Russell National
12
School Lunch Act (42 U.S.C. 1760(f)) is amended—
13
(1) by striking ‘‘and’’ before ‘‘the Common-
14
wealth’’;
15
(2) by inserting ‘‘and geographic areas that
16
serve Bureau-funded schools (as defined in section
17
1141 of the Education Amendments of 1978 (25
18
U.S.C. 2021)) and elementary schools and secondary
19
schools (as those terms are defined in section 8101
20
of the Elementary and Secondary Education Act of
21
1965 (20 U.S.C. 7801)) on or near an Indian res-
22
ervation’’ before ‘‘the Secretary’’;
23
(3) by inserting ‘‘or area, as applicable,’’ after
24
‘‘such State’’; and
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(4) by inserting ‘‘or areas, as applicable,’’ after
1
‘‘those States’’.
2
SEC. 4. TRIBALLY OPERATED MEAL PILOT PROGRAM.
3
Section 18 of the Richard B. Russell National School
4
Lunch Act (42 U.S.C. 1769) is amended by inserting after
5
subsection (c) the following:
6
‘‘(d) TRIBALLY
OPERATED
MEAL
PILOT
PRO-
7
GRAM.—
8
‘‘(1) DEFINITIONS.—In this subsection:
9
‘‘(A) COVERED
INSTITUTION.—The term
10
‘covered institution’ means—
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‘‘(i) a Bureau-funded school (as de-
12
fined in section 1141 of the Education
13
Amendments of 1978 (25 U.S.C. 2021));
14
‘‘(ii) a school (as such term is defined
15
in section 12(d) of the Richard B. Russell
16
National School Lunch Act (42 U.S.C.
17
1760(d)) on or near an Indian reservation;
18
and
19
‘‘(iii) an early care and education fa-
20
cility, including a facility that participates
21
in a Head Start program authorized under
22
the Head Start Act (42 U.S.C. 9831 et
23
seq.).
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‘‘(B) ELIGIBLE ENTITY.—The term ‘eligi-
1
ble entity’ means—
2
‘‘(i) an Indian tribe or tribal organiza-
3
tion approved by an Indian tribe;
4
‘‘(ii) a tribal educational agency;
5
‘‘(iii) a consortium of Indian tribes;
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and
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‘‘(iv) a partnership between—
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‘‘(I) an Indian tribe; and
9
‘‘(II)(aa) a State educational
10
agency;
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‘‘(bb) a local educational agency;
12
‘‘(cc) a tribal educational agency;
13
or
14
‘‘(dd) the Bureau of Indian Edu-
15
cation.
16
‘‘(C) INDIAN
TRIBE.—The term ‘Indian
17
tribe’ has the meaning given the term in section
18
4 of the Indian Self-Determination and Edu-
19
cation Assistance Act (25 U.S.C. 5304).
20
‘‘(D)
PROGRAM.—The
term
‘program’
21
means the pilot program established under
22
paragraph (2).
23
‘‘(E) TRIBAL
EDUCATIONAL
AGENCY.—
24
The term ‘tribal educational agency’ has the
25
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meaning given the term in section 6132(b) of
1
the Elementary and Secondary Education Act
2
of 1965 (20 U.S.C. 7452(b)).
3
‘‘(2) ESTABLISHMENT.—The Secretary shall es-
4
tablish a pilot program to award grants to 10 eligi-
5
ble entities to operate and implement in covered in-
6
stitutions 1 or more of the following programs:
7
‘‘(A) The school lunch program authorized
8
under this Act.
9
‘‘(B) The summer food service program for
10
children established under section 13.
11
‘‘(C) The child and adult care food pro-
12
gram established under section 17.
13
‘‘(D) The school breakfast program estab-
14
lished by section 4 of the Child Nutrition Act
15
of 1966 (42 U.S.C. 1773).
16
‘‘(3) TERMS OF GRANT.—
17
‘‘(A) AMOUNT.—The amount of a grant
18
awarded to an eligible entity under the program
19
shall be negotiated with the eligible entity, but
20
shall be not less than $10,000 and not more
21
than $100,000 for each fiscal year.
22
‘‘(B) PERIOD.—A grant awarded to an eli-
23
gible entity under the program shall be avail-
24
able for a period of 2 years after the date on
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which the grant is received by the eligible enti-
1
ty.
2
‘‘(4) APPLICATION.—To be eligible to receive a
3
grant under the program, an eligible entity shall
4
submit to the Secretary an application at such time,
5
in such manner, and containing such information as
6
the Secretary may require.
7
‘‘(5) CRITERIA FOR SELECTION.—In selecting
8
eligible entities to receive grants under the program,
9
the Secretary shall select eligible entities that—
10
‘‘(A) are located in diverse geographic
11
areas; and
12
‘‘(B) serve Indian tribes of varying popu-
13
lation size.
14
‘‘(6) REIMBURSEMENTS.—
15
‘‘(A) IN GENERAL.—Notwithstanding any
16
other provision of law, an eligible entity that re-
17
ceives a grant under the program to operate
18
and implement a program described in subpara-
19
graphs (A) through (D) of paragraph (2)
20
shall—
21
‘‘(i) with respect to the program de-
22
scribed in subparagraph (A) of that para-
23
graph, be reimbursed under that program
24
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as if the eligible entity were a State de-
1
scribed in section 12(f);
2
‘‘(ii) with respect to the program de-
3
scribed in subparagraph (B) of that para-
4
graph, be reimbursed under that program
5
as if the eligible entity were a State under
6
section 13;
7
‘‘(iii) with respect to the program de-
8
scribed in subparagraph (C) of that para-
9
graph, be reimbursed under that program
10
as if the eligible entity were a State under
11
section 17; and
12
‘‘(iv) in the case of the program de-
13
scribed in subparagraph (D) of that para-
14
graph, shall be reimbursed under that pro-
15
gram as if the eligible entity were a State
16
educational agency.
17
‘‘(B) ADMINISTRATIVE FUNDS.—An eligi-
18
ble entity that receives a grant under the pro-
19
gram shall receive administrative funds at a
20
rate that is consistent with the amount received
21
by a State under section 7 of the Child Nutri-
22
tion Act of 1966 (42 U.S.C. 1776).
23
‘‘(7) REPORT.—Not later than 1 year after the
24
conclusion of the pilot program, the Secretary shall
25
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submit to Congress a report on the outcomes of the
1
pilot program.’’.
2
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