II 

114TH CONGRESS 

1ST SESSION S. 1745 

To provide grants to eligible entities to develop and maintain or improve 

and expand before school, afterschool, and summer school programs 

for Indian and Alaska Native students, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2015 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To provide grants to eligible entities to develop and maintain 

or improve and expand before school, afterschool, and 

summer school programs for Indian and Alaska Native 

students, 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 ‘‘Extracurricular Pro5 grams for Indian Children Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that: 


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1 (1) The United States has a distinct legal, trea2 ty, and trust obligation to provide for the education, 

3 healthcare, safety, social welfare, and other needs of 

4 Native children. 

5 (2) Native children are the most at-risk popu6 lation in the United States, confronting serious dis7 parities in education, health, and safety, with 37 

8 percent of Native children living in poverty. 

9 (3) Teens who do not participate in those pro10 grams are nearly 3 times more likely to use mari11 juana or other drugs, and more likely to drink alco12 hol. 22.9 percent of Native children aged 12 and 

13 older report alcohol use, 16 percent report substance 

14 dependence or abuse, 35.8 percent report tobacco 

15 use, and 12.5 percent report illicit drug use. 

16 (4) Protective factors against youth suicide in17 clude opportunities to participate in and contribute 

18 to school and/or community projects/activities. Sui19 cide is the second leading cause of death of Native 

20 youth aged 15 through 24 at a rate of 2.5 percent— 

21 this is twice the national rate of non-Native youth 

22 of the same age. 

23 (5) Nationally, American Indian and Alaska 

24 Native students have the lowest college enrollment 

25 rates. At-risk youth who have a mentor are more 


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1 likely to pursue higher education after high school in 

2 a four-year, two-year, or vocational program than 

3 their at-risk peers who do not have a mentor. (45 

4 percent compared to 29 percent). 

5 (6) Students who are engaged in extra6 curricular (afterschool and summer learning) activi7 ties have better attendance records, higher levels of 

8 academic achievement, and more interest in pur9 suing higher education after graduation. 

10 SEC. 3. PURPOSE. 

11 (a) IN GENERAL.—The purpose of this Act is to es12 tablish a grant program for Indian tribes and eligible trib13 al entities for extracurricular programs— 

14 (1) to support and encourage the educational 

15 and cultural growth of Indian and Alaska Native 

16 students; 

17 (2) to provide access to mentors and resources 

18 that promote emotional and mental resilience in Na19 tive youth; 

20 (3) to ensure Native children receive consistent 

21 access to nutritional meals; and 

22 (4) to increase the availability of safe and use23 able educational infrastructures in Native commu24 nities and on tribal land. 


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1 (b) PURPOSE OF GRANTS.—The funds awarded 

2 under the grant program established under section 366 

3 of the Consolidated Farm and Rural Development Act (as 

4 added by section 4(a)) shall be used for— 

5 (1) culturally appropriate before school, after6 school, and summer school programs that include ac7 tivities designed to reinforce and complement the 

8 academic program of participating students, such 

9 as— 

10 (A) development and extracurricular activi11 ties; and 

12 (B) programs relating to— 

13 (i) substance abuse and violence pre14 vention; 

15 (ii) counseling; 

16 (iii) physical fitness and wellness; 

17 (iv) Native culture and language; 

18 (v) agriculture and nutrition; 

19 (vi) technology education; and 

20 (vii) character education; 

21 (2) funds to build or upgrade facilities for be22 fore school, afterschool, and summer school pro23 grams; and 

24 (3) access to federally funded meal programs. 


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1 SEC. 4. BEFORE SCHOOL, AFTERSCHOOL, AND SUMMER 

2 SCHOOL GRANT PROGRAM FOR INDIAN AND 

3 ALASKA NATIVE STUDENTS. 

4 (a) GRANT PROGRAM.—The Consolidated Farm and 

5 Rural Development Act is amended by inserting after sec6 tion 365 (7 U.S.C. 2008) the following: 

7 ‘‘SEC. 366. BEFORE SCHOOL, AFTERSCHOOL, AND SUMMER 

8 SCHOOL GRANT PROGRAM FOR INDIAN AND 

9 ALASKA NATIVE STUDENTS. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) ELIGIBLE ENTITY.— 

12 ‘‘(A) IN GENERAL.—The term ‘eligible en13 tity’ means an entity described in subparagraph 

14 (B) that has a plan to develop and maintain or 

15 improve and expand before school, afterschool, 

16 and summer school programs. 

17 ‘‘(B) LIST OF ENTITIES.—An entity de18 scribed in this subparagraph is 1 of the fol19 lowing: 

20 ‘‘(i) An Indian tribe (as defined in 

21 section 4 of the Indian Self-Determination 

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

23 450b)). 

24 ‘‘(ii) A local educational agency (as 

25 defined in section 9101 of the Elementary 

26 and Secondary Education Act of 1965 (20 


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1 U.S.C. 7801)) with a student population 

2 that consists of more than 10 percent In3 dian or Alaska Native students. 

4 ‘‘(iii) A private accredited elementary 

5 or secondary school (as those terms are de6 fined in section 9101 of the Elementary 

7 and Secondary Education Act of 1965 (20 

8 U.S.C. 7801)) in the boundaries of an In9 dian reservation. 

10 ‘‘(iv) A Regional Corporation (as de11 fined in section 3 of the Alaska Native 

12 Claims Settlement Act (43 U.S.C. 1602)). 

13 ‘‘(v) A school operated by the Bureau 

14 of Indian Affairs. 

15 ‘‘(vi) A Tribal College or University 

16 (as defined in section 316(b) of the Higher 

17 Education Act of 1965 (20 U.S.C. 

18 1059c(b))). 

19 ‘‘(vii) A tribal education agency. 

20 ‘‘(viii) A tribal nonprofit organization. 

21 ‘‘(ix) A tribally controlled school (as 

22 defined in section 5212 of the Tribally 

23 Controlled Schools Act of 1988 (25 U.S.C. 

24 2511)). 


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1 ‘‘(x) A consortium of any of the enti2 ties in clauses (i) through (ix). 

3 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

4 the Secretary of Agriculture. 

5 ‘‘(b) GRANT PROGRAM.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish a grant program under which the Secretary 

8 shall provide grants to eligible entities to develop 

9 and maintain or improve and expand before school, 

10 afterschool, and summer school programs for Indian 

11 and Alaska Native students. 

12 ‘‘(2) GRANT PERIOD.—A grant made under this 

13 section shall be for a period of not less than 3 and 

14 not more than 5 years. 

15 ‘‘(3) MINIMUM GRANT AMOUNT.—The min16 imum amount of a grant under this section shall be 

17 $50,000 per eligible entity per fiscal year. 

18 ‘‘(c) APPLICATION.— 

19 ‘‘(1) IN GENERAL.—To be eligible to receive a 

20 grant under this section, an eligible entity shall sub21 mit to the Secretary an application at such time, in 

22 such manner, and containing such information as 

23 the Secretary may require. 

24 ‘‘(2) CONTENTS.—At a minimum, an applica25 tion for a grant under this section shall describe— 


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1 ‘‘(A) the before school, afterschool, or sum2 mer school activities to be funded with the 

3 grant; 

4 ‘‘(B) community needs, available resources, 

5 and the activities of the proposed program that 

6 address the needs of the community; 

7 ‘‘(C) the number and age ranges of chil8 dren to be served by the proposed program; 

9 ‘‘(D) an assurance that participation in the 

10 program will be free of cost; and 

11 ‘‘(E) the demonstrated experience or po12 tential for success of the eligible entity in pro13 viding educational, cultural, and related activi14 ties that complement and enhance academic 

15 performance, achievement, and development of 

16 Indian or Alaska Native students. 

17 ‘‘(d) AUTHORIZED ACTIVITIES.— 

18 ‘‘(1) IN GENERAL.—An eligible entity may only 

19 use a grant awarded under this section to carry out 

20 an activity described in this subsection. 

21 ‘‘(2) BEFORE SCHOOL, AFTERSCHOOL, AND

22 SUMMER SCHOOL PROGRAMS.—An eligible entity 

23 may use a grant awarded under this section to carry 

24 out before school, afterschool, and summer school 


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1 activities that advance or improve student academic 

2 achievement and well-being, including— 

3 ‘‘(A) remedial education activities and aca4 demic enrichment programs, including pro5 grams that provide academic assistance to stu6 dents to enhance academic achievement; 

7 ‘‘(B) mathematics and science education 

8 activities; 

9 ‘‘(C) arts and music education activities; 

10 ‘‘(D) entrepreneurial education programs; 

11 ‘‘(E) tutoring services (including services 

12 provided by senior citizen volunteers) and men13 toring programs; 

14 ‘‘(F) Native language programs; 

15 ‘‘(G) Native cultural programs; 

16 ‘‘(H) physical fitness and wellness activi17 ties; 

18 ‘‘(I) telecommunications and technology 

19 education programs; 

20 ‘‘(J) programs that promote parental in21 volvement and family literacy; 

22 ‘‘(K) programs that provide assistance to 

23 students who have been truant, suspended, or 

24 expelled from school so as to allow those stu25 dents to improve academic achievement; 


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1 ‘‘(L) substance abuse and violence preven2 tion programs, counseling programs, and char3 acter education programs; 

4 ‘‘(M) child and adolescent health and men5 tal health services; 

6 ‘‘(N) leadership and youth development ac7 tivities; 

8 ‘‘(O) job skills development programs; 

9 ‘‘(P) agriculture and nutrition services; 

10 and 

11 ‘‘(Q) transportation services. 

12 ‘‘(3) FACILITIES.— 

13 ‘‘(A) IN GENERAL.—An eligible entity may 

14 use a grant awarded under this section— 

15 ‘‘(i) to build facilities for youth cen16 ters; or 

17 ‘‘(ii) to upgrade existing facilities. 

18 ‘‘(B) OTHER USES.—A facility built or up19 graded with funds awarded under this section 

20 may be used for educational and community 

21 purposes not described in paragraph (2) at 

22 times when the facility is not being used for ac23 tivities described in that paragraph. 


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1 ‘‘(4) LIMITATION ON USE.—An eligible entity 

2 may use not more than 5 percent of grant funds for 

3 grant administration costs. 

4 ‘‘(e) FUNDING.— 

5 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

6 ‘‘(A) PROGRAMMING.—There is authorized 

7 to be appropriated to the Secretary to provide 

8 grants for authorized activities described in 

9 subsection (d)(2)— 

10 ‘‘(i) for fiscal year 2016, $2,000,000; 

11 ‘‘(ii) for fiscal year 2017, $4,000,000; 

12 ‘‘(iii) for fiscal year 2018, $6,000,000; 

13 ‘‘(iv) for fiscal year 2019, $8,000,000; 

14 and 

15 ‘‘(v) for fiscal year 2020, 

16 $10,000,000. 

17 ‘‘(B) FACILITY CONSTRUCTION AND REHA18 BILITATION.—There is authorized to be appro19 priated to the Secretary to provide grants for 

20 authorized activities described in subsection 

21 (d)(3) $6,000,000 for each of fiscal years 2016 

22 through 2020. 

23 ‘‘(2) UNUSED FUNDS.—Any funds made avail24 able under paragraph (1) for a fiscal year that are 

25 not used for that fiscal year shall be available to the 


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1 Secretary to make grants in accordance with this 

2 section for the subsequent fiscal year. 

3 ‘‘(f) REPORTING AND EVALUATION.— 

4 ‘‘(1) REPORTS TO THE SECRETARY.—Each 

5 grantee shall annually submit to the Secretary a re6 port in such form and manner as the Secretary may 

7 require. 

8 ‘‘(2) ANNUAL GRANT PROGRAM EVALUATION.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 annually— 

11 ‘‘(i) compile and analyze the reports 

12 submitted under paragraph (1); and 

13 ‘‘(ii) conduct an evaluation of the edu14 cational outcomes and social impacts of the 

15 grant program described in this section. 

16 ‘‘(B) DISSEMINATION.—Not later than 

17 180 days after the date the Secretary receives 

18 the last report for a year described in para19 graph (1), the Secretary shall disseminate the 

20 annual evaluation described in subparagraph 

21 (A) to— 

22 ‘‘(i) the Subcommittee on Indian, In23 sular and Alaska Native Affairs of the 

24 House of Representatives; 


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1 ‘‘(ii) the Committee on Education and 

2 the Workforce of the House of Representa3 tives; 

4 ‘‘(iii) the Committee on Indian Affairs 

5 of the Senate; and 

6 ‘‘(iv) the Committee on Health, Edu7 cation, Labor and Pensions of the Sen8 ate.’’. 

9 (b) ELIGIBILITY FOR FEDERALLY FUNDED MEAL

10 PROGRAMS.— 

11 (1) SCHOOL LUNCH PROGRAM.—Section 

12 12(d)(4)(B) of the Richard B. Russell National 

13 School Lunch Act (42 U.S.C. 1760(d)(4)(B)) is 

14 amended— 

15 (A) by striking ‘‘includes, in the case’’ and 

16 inserting the following: 

17 ‘‘includes— 

18 ‘‘(i) in the case’’; 

19 (B) by striking the period at the end and 

20 inserting a ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(ii) notwithstanding section 9101 of 

23 the Elementary and Secondary Education 

24 Act of 1965 (20 U.S.C. 7801), an eligible 

25 entity (as defined in section 366 of the 


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1 Consolidated Farm and Rural Develop2 ment Act).’’. 

3 (2) SUMMER FOOD SERVICE PROGRAM FOR

4 CHILDREN.—Section 13(a)(1)(D) of the Richard B. 

5 Russell National School Lunch Act (42 U.S.C. 

6 1761(a)(1)(D)) is amended— 

7 (A) by striking ‘‘or residential’’ and insert8 ing ‘‘residential’’; and 

9 (B) by inserting ‘‘or an eligible entity (as 

10 defined in section 366 of the Consolidated 

11 Farm and Rural Development Act),’’ after 

12 ‘‘camp,’’. 

13 (3) CHILD AND ADULT CARE FOOD PROGRAM.— 

14 Section 17(a)(2) of the Richard B. Russell National 

15 School Lunch Act (42 U.S.C. 1766(a)(2)) is amend16 ed— 

17 (A) in subparagraph (E), by striking 

18 ‘‘and’’ at the end; 

19 (B) in subparagraph (F), by striking the 

20 period at the end and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(G) an eligible entity (as defined in sec23 tion 366 of the Consolidated Farm and Rural 

24 Development Act).’’. 


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1 (4) SCHOOL BREAKFAST PROGRAM.—Section 

2 15(3) of the Child Nutrition Act of 1966 (42 U.S.C. 

3 1784(3)) is amended— 

4 (A) in subparagraph (A), by striking ‘‘, 

5 and’’ and inserting a semicolon; and 

6 (B) in subparagraph (B), by striking 

7 ‘‘Labor).’’ and inserting ‘‘Labor); and (C) an 

8 eligible entity (as defined in section 366 of the 

9 Consolidated Farm and Rural Development 

10 Act).’’. 

Æ 


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