[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2540 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2540

  To amend the Food and Nutrition Act of 2008 to allow for increased 
 flexibility in the food distribution program on Indian reservations, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2023

   Mr. Lujan introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To amend the Food and Nutrition Act of 2008 to allow for increased 
 flexibility in the food distribution program on Indian reservations, 
                        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 Flexibility Act of 
2023''.

SEC. 2. INCREASED FLEXIBILITY UNDER FOOD DISTRIBUTION PROGRAM ON INDIAN 
              RESERVATIONS.

    Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2013(b)) is amended--
            (1) in paragraph (5)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``paragraph'' and inserting ``subparagraph''; 
                and
                    (B) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting 
                appropriately;
            (2) by redesignating paragraph (5) as subparagraph (B) and 
        indenting appropriately;
            (3) by inserting after subparagraph (D) of paragraph (4) 
        the following:
            ``(5) Domestic commodities.--
                    ``(A) Requirement.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), commodities provided through the 
                        food distribution program on Indian 
                        reservations under this subsection shall be 
                        products of the United States.
                            ``(ii) Exception.--Notwithstanding any 
                        other provision of law, in the case of a 
                        disaster, emergency, or severe supply chain 
                        disruption, the Secretary may, on request of a 
                        Tribal organization or State agency, 
                        temporarily waive the requirement under clause 
                        (i).'';
            (4) in paragraph (6)--
                    (A) by redesignating subparagraphs (C), (D), and 
                (E) as subparagraphs (G), (E), and (F), respectively, 
                and reordering accordingly; and
                    (B) by inserting after subparagraph (B) the 
                following:
                    ``(C) Traditional and cultural foods.--For purposes 
                of the requirement under paragraph (5)(A), any 
                traditional or culturally appropriate food sourced 
                under this paragraph by a Tribal organization or the 
                Secretary from a Tribal band of the recipient Tribe 
                that is located across an international boundary line 
                shall be considered a product of the United States.
                    ``(D) Foods provided on regional or national 
                basis.--The Secretary shall have the authority to 
                distribute traditional and culturally appropriate foods 
                on a regional basis, in addition to a national 
                basis.'';
            (5) by redesignating paragraph (7) as paragraph (9); and
            (6) by inserting after paragraph (6) the following:
            ``(7) Waiver authority.--
                    ``(A) Definition of covered regulation.--The term 
                `covered regulation' means a regulation issued by the 
                Secretary pursuant to this subsection on determination 
                by the Secretary that the regulation is necessary or 
                appropriate for the effective and efficient 
                administration of the food distribution program on 
                Indian reservations under this subsection.
                    ``(B) Purpose.--The purpose of this paragraph is to 
                facilitate the effective operation of the food 
                distribution program on Indian reservations under this 
                subsection in partnership with Tribal organizations and 
                State agencies.
                    ``(C) Waiver.--
                            ``(i) In general.--The Secretary may waive 
                        a covered regulation on the request of an 
                        Indian Tribe.
                            ``(ii) Request.--An Indian Tribe shall 
                        request a waiver under clause (i) through the 
                        Office of Tribal Relations, which shall consult 
                        with any implicated agency regarding the 
                        waiver.
                            ``(iii) Determination.--
                                    ``(I) In general.--Not later than 
                                30 days after receiving a request under 
                                clause (ii), the Secretary shall 
                                respond in writing with a 
                                determination.
                                    ``(II) Denial.--If the Secretary 
                                determines under subclause (I) that the 
                                waiver is denied, the Secretary shall--
                                            ``(aa) include in the 
                                        written response any curative 
                                        adjustments necessary to 
                                        approve the waiver; and
                                            ``(bb) permit the Indian 
                                        Tribe to resubmit a waiver 
                                        request with those curative 
                                        adjustments not later than 30 
                                        days after the receipt of the 
                                        response of the Secretary under 
                                        subclause (I).
                                    ``(III) Subsequent approval.--The 
                                Secretary shall grant a waiver to an 
                                Indian Tribe not later than 30 days 
                                after determining that a resubmitted 
                                request under subclause (II)(bb) 
                                satisfactorily cures the reasons for 
                                the initial denial of the request.
            ``(8) Sourcing for nutrition education.--
                    ``(A) In general.--Subject to the availability of 
                appropriations and the funds described in subparagraph 
                (B), the Secretary shall establish a fund from which 
                the Secretary may--
                            ``(i) provide funds to Tribal organizations 
                        or State agencies administering the food 
                        distribution program on Indian reservations 
                        under this subsection for the purchase of 
                        traditional locally- and regionally-grown herbs 
                        and spices for use in nutrition education 
                        programming for recipients of food distributed 
                        under that program; or
                            ``(ii) on request of a Tribal organization 
                        or State agency, purchase the herbs and spices 
                        described in clause (i) on behalf of the Tribal 
                        organization or State agency for the purposes 
                        described in that clause.
                    ``(B) Nutrition education funding.--If appropriated 
                funds are not available, Tribal organizations and State 
                agencies may use to carry out subparagraph (A) 
                nutrition education funds otherwise provided by the 
                Secretary for the food distribution program on Indian 
                reservations under this subsection.
                    ``(C) Nutrition education programming.--Tribal 
                organizations shall have broad discretion in 
                determining the format and content of nutrition 
                education programming provided to recipients of food 
                distributed under the food distribution program on 
                Indian reservations under this subsection.''.
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