I 118th CONGRESS 1st Session H. R. 1589 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.

1. Short title This Act may be cited as the Tribal Nutrition Improvement Act of 2023 . 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 )). . 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 . 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. .