II 118th CONGRESS 1st Session S. 2540 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Luján 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.

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