[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8502 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8502
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
July 26, 2022
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 Labor
_______________________________________________________________________
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
2022''.
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 school.--The term `covered school'
means--
``(i) a Bureau-funded school (as defined in
section 1141 of the Education Amendments of
1978 (25 U.S.C. 2021)); and
``(ii) an elementary school or secondary
school (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.
``(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 schools 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) Term.--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).''.
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