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USDA officials, contractor criticized after months of missed and expired food deliveries to tribal communities and seniors

House Agriculture Committee and House Appropriations Committee (joint hearing) · September 11, 2024

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Summary

At a joint House Agriculture and Appropriations hearing, tribal leaders told lawmakers months of missed, partial and expired deliveries from a consolidated USDA contract left FDPIR and CSFP sites short of food. Secretary Tom Vilsack apologized and outlined short‑, mid‑ and long‑term steps including CCC cash, expanded DOD and an emergency contractor.

Leaders of tribal food programs and members of Congress on Tuesday described months of missed, delayed and sometimes expired deliveries of food intended for the Food Distribution Program on Indian Reservations (FDPIR) and the Commodity Supplemental Food Program (CSFP), and faulted a USDA contracting decision to consolidate distribution to a single vendor.

“At one point we took pictures of totally empty shelves in our FDPIR program sites,” said Mary Green Trottier, president of the National Association of Food Distribution Programs on Indian Reservations and director of her tribe’s program, testifying that shortages began in April and continue at some sites. Chiefs and program directors from the Red Lake Band, the Chickasaw Nation and Spirit Lake told the committee the consolidation and a sole contractor left many tribal warehouses unable to meet local needs.

The hearing drew bipartisan concern: members said the problems are both operational and political. Rep. Dusty Johnson (chairman of the Appropriations subcommittee) and others said tribes raised alarms during a February consultation that, they said, did not meaningfully alter USDA’s plan to move to a single warehouse and contractor. “Tribes urged a regional model; the department proceeded anyway,” Rep. Brad Finstad said.

USDA Secretary Tom Vilsack, who testified in a second panel, acknowledged the department’s failures. “We at USDA … are deeply sorry for the stress, disruption, and difficulty this failure has caused,” he said. Vilsack told lawmakers he was informed of significant non‑deliveries in late July, and acknowledged that lower‑level staff likely knew earlier and should have elevated the problem sooner.

To address immediate shortfalls, the department has taken several emergency actions. USDA officials said they repurposed Commodity Credit Corporation (CCC) funds to provide direct cash to tribes (an $11 million pool made available) and to CSFP agencies (up to $36 million), are expanding the Department of Defense Fresh program in a limited number of states, allowed states to declare a TFAP (The Emergency Food Assistance Program) situation of distress to redirect commodities, and signed an emergency contract with a second contractor (Americold) to supplement deliveries while Paris Brothers, the contractor awarded the primary distribution contract, ramps up operations. USDA officials said Americold’s emergency contract has a not‑to‑exceed ceiling discussed during the hearing and later characterized in committee exchanges as roughly $25 million for an interim period.

Tribal witnesses described the relief as helpful but insufficient. Martie Wofford, undersecretary of support and programs for the Chickasaw Nation Department of Health, said tribes have used CCC funds and local resources to buy emergency boxes but that the funding is “not 100% a replacement” and, in many places, will last only weeks. Witnesses pressed USDA for reimbursement authority where tribes used local funds to maintain service; Vilsack said Congress would have to authorize reimbursement for expenses incurred before CCC resources were available.

Several witnesses and members urged structural changes to reduce future risk: returning to a regional sourcing model, creating an electronic tracking system so tribes can monitor orders in real time, and expanding tribal self‑determination authorities (commonly referenced as Section 638 authority) so tribes can purchase and manage more food locally. Multiple lawmakers also called for reexamining the statutory prohibition on dual enrollment in FDPIR and SNAP so households could have more options during shortfalls.

Members pressed USDA on contracting choices. Vilsack and Agricultural Marketing Service officials described a multi‑year solicitation process that produced eight bids; technical reviewers found only Paris Brothers fully met the solicitation’s requirements, they said, leaving the agency legally unable to alter the solicitation and rebid without restarting the procurement. Committee members requested a redacted contract and asked that Paris Brothers appear to answer questions about performance and capacity.

USDA officials described operational corrective steps taken after delivery problems were reported: audits of Paris Brothers’ warehouse practices, corrective action plans that added shifts and quality‑control staff, more frequent meetings with the contractor, and temporary logistical assistance from FEMA while Department of Defense logistical teams prepare to assist. Officials said weekly truck counts and shipments have increased and that the department aims to restore inventories to a month‑and‑a‑half supply and later three months where feasible.

Lawmakers said oversight will continue and pledged follow‑up. The committees demanded timely production of contract documents, and several members urged that Paris Brothers be called before the committee to explain persistent missed shipments and reports of expired product arriving at program sites. Tribal leaders said that while short‑term aid matters, restoring trust will require durable changes in procurement, funding and consultation.

The committee closed by urging quick action to complete consultations scheduled for the next day and to supply additional data and documents for congressional oversight. The hearing record will include written testimony from all witnesses; members may submit follow‑up questions for the record.

Ending note: the department’s short‑term menu of remedies aims to limit immediate hunger, but witnesses and lawmakers said permanent fixes — improved procurement decisions, better tribal consultation, regional sourcing, and expanded tribal authority to purchase local foods — are necessary to reduce future risks to tribal and senior food security.