,,ii  #aaith ,,congress  #ast ,session  
,s4 #cbcf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #bj1 
#bjbe,mrs4 ,fischer 7for herself1 ,ms4  
,smith1 ,mr4 ,schiff1 ,mr4 ,hoeven1 ,ms4
 ,cortez ,masto1 and ,mr4 ,bennet7      
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,agriculture1 ,nutrition1 
and ,forestry  ,a ,,bill  ,to amend the 
,food and ,nutrition ,act of #bjjh to   
ensure ,tribal consultation and         
representation under the food           
distribution program on ,indian         
reservations1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,increasing ,tribal ,input on   
,nutrition ,act of #bjbe4  #b4 ,tribal  
consultation and representation2 supply 
chain disruptions  7a7 ,food            
distribution program on ,indian         
reservations ,section #d7;b7 of the     
,food and ,nutrition ,act of #bjjh 7#g  
,u4,s4,c4 #bjac7;b77 is amended-- 7#a7  
by striking tribal organization each    

place it appears and inserting ,tribal  
organization2  7#b7 by redesignating    
paragraph 7#g7 as paragraph 7#i72 and   
7#c7 by inserting after paragraph 7#f7  
the following3  7#g7 ,tribal inclusion  
in contracting process ,prior to        
conducting evaluation of contracts under
 the food distribution program on       
,indian reservations under this         
subsection1 the ,secretary shall-- 7,a7 
consult with ,indian ,tribes and ,tribal
 organizations and ensure their feedback
 is integrated into the evaluation2 and 
7,b7 consider feedback from ,indian     
,tribes and ,tribal organizations       
throughout the evaluation process4  7#h7
 ,supply chain disruptions  7,a7        
,definition of supply chain disruption  
7i7 ,in general ,in this paragraph1 the 
term supply chain disruption means a    
shortage of foods that impedes the      
distribution of commodities1 as         
determined by the ,secretary4  7ii7     
,inclusion ,the term supply chain       
disruption includes a supplemental food 

shortage due to a multifood warehouse   
issue that affects contracting1         
production1 manufacture1 sourcing1      
procurement1 transportation1 or storage 
of food and impedes the function of the 
food distribution program on ,indian    
reservations under this subsection1 as  
determined by the ,secretary4  7,b7     
,emergency assistance ,if the ,secretary
 determines that there is a supply chain
 disruption1 the ,secretary-- 7i7 shall1
 not later than #de days after the date 
on which the ,secretary makes that      
determination1 designate an emergency   
warehouse contractor to provide the     
required food capacity in a timely      
manner2 and  7ii7 may provide direct    
payments or reimbursements to an ,indian
 ,tribe or ,tribal organization         
administering the food distribution     
program on ,indian reservations under   
this subsection to purchase food in     
accordance with subparagraph 7,d74  7,c7
 ,payments ,the total amount of payments
 provided under subparagraph 7,b77ii7 to

 an ,indian ,tribe or ,tribal           
organization shall not exceed the amount
 of funding that the ,secretary would   
otherwise expend for that ,indian ,tribe
 or ,tribal organization during the same
 time period under the food distribution
 program on ,indian reservations under  
this subsection4  7,d7 ,procurement of  
agricultural commodities  7i7 ,in       
general ,any agricultural commodities   
purchased by an ,indian ,tribe or       
,tribal organization using payments     
under subparagraph 7,b77ii7 shall       
satisfy the conditions described in     
clause 7ii71 unless waived by the       
,secretary4  7ii7 ,conditions described 
,the conditions referred to in clause   
7i7 for agricultural commodities are the
 following3 7,i7 ,the agricultural      
commodities are domestically produced4  
7,,ii7 ,the agricultural commodities    
supplant1 not supplement1 the type of   
agricultural commodities in existing    
food packages for that ,indian ,tribe or
 ,tribal organization4  7,,iii7 ,the    

agricultural commodities are of similar 
or higher nutritional value as the type 
of agricultural commodities that would  
be supplanted in the existing food      
package for that ,indian ,tribe or      
,tribal organization4  7,,iv7 ,the      
agricultural commodities meet any other 
criteria determined by the ,secretary4  
7,e7 ,notification2 publication ,if the 
,secretary designates an emergency      
warehouse contractor under subparagraph 
7,b77i71 the ,secretary shall-- 7i7     
notify each affected ,tribal            
organization or ,state agency of the    
designation1 including an explanation of
 the determination of the ,secretary of 
a supply chain disruption2 and  7ii7    
make that designation1 and explanation  
of the determination1 publicly available
 on the website of the ,department of   
,agriculture4  4  7b7 ,commodity        
supplemental food program ,section #e of
 the ,agriculture and ,consumer         
,protection ,act of #aigc 7#g ,u4,s4,c4 
#fab;c note2 ,public ,law #ic-hf7 is    

amended by adding at the end the        
following3  7n7 ,consultation with      
,indian ,tribes  7#a7 ,in general ,the  
,secretary shall implement the commodity
 supplemental food program in a manner  
that is responsive to the needs of the  
members of ,indian ,tribes and ,tribal  
organizations by conducting annual      
consultations with ,indian ,tribes and  
,tribal organizations4  7#b7 ,amendments
 to ,state plans  7,a7 ,in general ,with
 respect to submitting any amendment to 
a ,state plan pursuant to section #bdg4f
 of title #g1 ,code of ,federal         
,regulations 7or a successor            
regulation71 a ,state agency is         
encouraged-- 7i7 prior to that          
submission1 to consult in good faith    
with applicable ,indian ,tribes or      
,tribal organizations on the content of 
the amendment2 and  7ii7 to include in  
the submission documentation evidencing 
that consultation4  7,b7 ,technical     
assistance ,the ,secretary shall provide
 technical assistance to ,state         

agencies1 including by entering into    
cooperative agreements1 on how to       
properly conduct consultations pursuant 
to subparagraph 7,a71 including relating
 to-- 7i7 providing proper notice as to 
when a consultation will take place2    
7ii7 ensuring consultations are with    
,tribal officials2 and  7iii7 releasing 
a collaborative agenda in advance of the
 consultation4  7o7 ,supply chain       
disruptions  7#a7 ,definition of supply 
chain disruption  7,a7 ,in general ,in  
this paragraph1 the term supply chain   
disruption means a shortage of foods    
that impedes the distribution of        
commodities1 as determined by the       
,secretary4  7,b7 ,inclusion ,the term  
supply chain disruption includes a      
supplemental food shortage due to a     
multifood warehouse issue that affects  
contracting1 production1 manufacture1   
sourcing1 procurement1 transportation1  
or storage of food and impedes the      
function of the commodity supplemental  
food program1 as determined by the      

,secretary4  7#b7 ,emergency warehouse  
contractor ,if the ,secretary determines
 that there is a supply chain           
disruption1 the ,secretary shall1 not   
later than #de days after the date on   
which the ,secretary makes that         
determination1 designate an emergency   
warehouse contractor to provide the     
required food capacity in a timely      
manner4  7#c7 ,notification2 publication
 ,if the ,secretary designates an       
emergency warehouse contractor under    
paragraph 7#b71 the ,secretary shall--  
7,a7 notify each affected ,tribal       
organization or ,state agency of the    
designation1 including an explanation of
 the determination of the ,secretary of 
a supply chain disruption2 and  7,b7    
make that designation1 and explanation  
of the determination1 publicly available
 on the website of the ,department of   
,agriculture4  4