Tribal Nutrition Flexibility Act of 2023

Tribal Nutrition Flexibility Act of 2023

This bill makes changes to the Food Distribution Program on Indian Reservations (FDPIR), including by allowing the Department of Agriculture (USDA) to waive certain program requirements.

Specifically, the bill requires commodities provided through FDPIR to be products of the United States. However, upon the request of a tribal organization or state agency, USDA may temporarily waive this requirement in the case of a disaster, emergency, or severe supply chain disruption.

Additionally, the bill specifies that any traditional or culturally appropriate food that is sourced by a tribal organization or tribal band of a recipient tribe and that is located across an international boundary line shall be considered a product of the United States. Further, the bill gives USDA the authority to distribute traditional and culturally appropriate foods on a regional basis (in addition to a national basis). 

The bill also allows USDA to waive certain regulations upon the request of a tribe.

USDA must establish, subject to available funding, a fund from which USDA may (1) provide funds to tribal organizations or state agencies administering FDPIR for the purchase of traditional locally and regionally grown herbs and spices for use in nutrition education programming, or (2) purchase these herbs and spices on behalf of tribal organizations or state agencies (upon their request). The bill provides tribal organizations with broad discretion in determining the format and content of nutrition education programming.