[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3994 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3994
To amend the Federal Meat Inspection Act to authorize Tribal meat
inspection under that Act by Tribal personnel, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2026
Mr. Mullin (for himself and Ms. Smith) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Federal Meat Inspection Act to authorize Tribal meat
inspection under that Act by Tribal personnel, 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 ``Promoting Regulatory Independence,
Mastery, and Expansion for Meat Processing in Indian Country Act'' or
the ``PRIME Meat Processing in Indian Country Act''.
SEC. 2. TRIBAL MEAT INSPECTIONS.
(a) In General.--Title IV of the Federal Meat Inspection Act (21
U.S.C. 671 et seq.) is amended--
(1) by redesignating section 411 (21 U.S.C. 680) as section
412; and
(2) by inserting after section 410 (21 U.S.C. 679a) the
following:
``SEC. 411. TRIBAL MEAT INSPECTIONS.
``(a) Definitions.--In this section:
``(1) Covered activities.--The term `covered activities',
with respect to the inspection of meat food products under this
Act, means--
``(A) the hiring and training, in accordance with
relevant training standards of the Food Safety and
Inspection Service of the Department of Agriculture, of
Tribal personnel to conduct, at covered facilities, any
inspections required under this Act that would
otherwise be carried out by inspectors appointed by the
Secretary; and
``(B) the conduct of those inspections by those
Tribal personnel at covered facilities.
``(2) Covered facility.--The term `covered facility' means
a mobile or stationary meat processing facility not less than
51 percent of the ownership interest in which is held by an
Indian Tribe, a Tribal organization, or an entity wholly owned
by an Indian Tribe or Tribal organization.
``(3) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(4) Meat food product.--The term `meat food product'
includes a carcass of, a part of, or a product derived from a
portion of meat, including bison and reindeer, that is capable
of use as human food.
``(5) Self-determination contract.--The term `self-
determination contract' has the meaning given the term in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
``(6) Tribal organization.--The term `Tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(b) Self-Determination Contracts.--
``(1) Authorization.--Subject to the availability of
appropriations, beginning not later than 2 years after the date
of enactment of this subsection, on receipt of a request from
an Indian Tribe or Tribal organization, the Secretary shall
enter into a self-determination contract with the Indian Tribe
or Tribal organization, respectively, to carry out covered
activities.
``(2) Standards.--
``(A) In general.--The covered activities carried
out pursuant to a self-determination contract entered
into under paragraph (1) shall meet standards and
requirements that are not less stringent than, as
applicable, the standards and requirements for
inspections of amenable species under title I
(including regulations), or the standards and
requirements for inspections of species that are not
amenable species under section 203(h) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(h)),
with respect to--
``(i) antemortem and postmortem inspection;
``(ii) reinspection;
``(iii) sanitation;
``(iv) humane handling;
``(v) recordkeeping; and
``(vi) enforcement.
``(B) Laboratories.--The applicable standards of
the Department of Agriculture relating to the
establishment, maintenance, and operation of
laboratories or other similar facilities shall apply
with respect to covered activities carried out pursuant
to a self-determination contract entered into under
paragraph (1).
``(3) Insurance.--
``(A) In general.--A self-determination contract
entered into under paragraph (1) shall require the
Indian Tribe, Tribal organization, or tribally owned
entity that owns a covered facility at which covered
activities are carried out pursuant to the self-
determination contract to maintain insurance coverage
(including with respect to outbreaks of food-borne
illnesses) that is appropriate for the size of the
covered facility, as determined by the Secretary.
``(B) Factor for consideration.--In obtaining or
providing insurance coverage for purposes of this
paragraph, an Indian Tribe or Tribal organization may
take into consideration the extent to which liability
under a self-determination contract is covered under
chapter 171 of title 28, United States Code (commonly
known as the `Federal Tort Claims Act'), subject to
paragraph (6).
``(C) Sovereign immunity.--
``(i) In general.--A policy of insurance
under subparagraph (A)--
``(I) shall include a provision
that the insurance carrier shall waive
any right to use as a defense the
sovereign immunity of an Indian Tribe
from suit with respect to any claim the
amount and nature of which are within
the coverage and limits of the policy,
subject to clause (ii); and
``(II) shall not authorize the
insurance carrier to waive or otherwise
limit the sovereign immunity of the
applicable Indian Tribe beyond the
coverage and limits of the policy.
``(ii) Limitations.--No waiver of the
sovereign immunity of an Indian Tribe pursuant
to this subparagraph may include--
``(I) a waiver to the extent of any
potential liability for interest prior
to judgment or punitive damages; or
``(II) any other limitation on
liability imposed by the law of the
State in which the alleged injury
occurs.
``(D) Treatment as federally inspected.--For
purposes of insurance and liability, a covered facility
at which covered activities are carried out pursuant to
this section shall be considered to be federally
inspected.
``(4) Oversight.--A self-determination contract entered
into under paragraph (1) shall require that the Secretary shall
maintain oversight authority (including recall, review, and
audit authorities) with respect to covered activities carried
out pursuant to the self-determination contract.
``(5) Enforcement authority.--Tribal personnel carrying out
covered activities pursuant to a self-determination contract
entered into under paragraph (1) shall have enforcement
authority in accordance with this Act, including the
authority--
``(A) to provide notice of a violation of this Act;
``(B) to provide to a covered facility time to
remedy such a violation; and
``(C) if such a violation is not remedied, to halt
processing at the covered facility until the violation
is remedied.
``(6) Treatment as federal employees.--Notwithstanding any
other provision of law, while carrying out covered activities
pursuant to a self-determination contract entered into under
paragraph (1), Tribal personnel shall be deemed to be Federal
employees for purposes of chapter 171 of title 28, United
States Code (commonly known as the `Federal Tort Claims Act').
``(c) Certification Required.--As a condition of entering into a
self-determination contract under subsection (b), an Indian Tribe or
Tribal organization shall submit to the Secretary not less frequently
than annually a certification that each inspection carried out pursuant
to the self-determination contract during the year covered by the
certification--
``(1) met the applicable inspection requirements, and
established and maintained the required standards for
inspection, under title I (including regulations); and
``(2) was conducted by an inspector employed by the Indian
Tribe or Tribal organization who--
``(A) was not employed by an animal food
manufacturer serving the covered facility being
inspected; and
``(B) did not hold any ownership interest in such
an animal food manufacturer or the covered facility.
``(d) Commercial Provisions.--
``(1) Labeling.--Tribal personnel carrying out inspections
pursuant to a self-determination contract under subsection (b)
shall place on each meat food product that meets the applicable
criteria under this Act a label of Federal inspection, in such
manner and containing such information as the Secretary may
require.
``(2) Shipment in interstate commerce.--The Secretary shall
authorize any Indian Tribes or Tribal organizations that have
entered into self-determination contracts under subsection (b)
to ship in interstate commerce meat food products bearing the
label described in paragraph (1).
``(3) No sale in foreign commerce.--A meat food product
inspected pursuant to a self-determination contract under
subsection (b) may not be sold in foreign commerce.
``(e) Technical Assistance.--On request of an Indian Tribe or
Tribal organization that has entered into a self-determination contract
under subsection (b), the Secretary shall provide technical assistance
with respect to carrying out that self-determination contract.
``(f) Ritual Slaughter.--Nothing in this section prohibits the
handling or preparation of livestock used for ritual slaughter in
accordance with section 2(b) of Public Law 85-765 (7 U.S.C. 1902(b))
(commonly known as the `Humane Methods of Slaughter Act of 1958').
``(g) Reports.--Not later than 1 year after the date on which funds
are appropriated pursuant to subsection (h), and annually thereafter,
the Secretary shall submit to the Committee on Agriculture, Nutrition,
and Forestry of the Senate and the Committee on Agriculture of the
House of Representatives a report describing the activities carried out
under self-determination contracts entered into pursuant to this
section.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary such sums as are necessary to carry out this
section, to remain available until expended.
``(2) Appropriations in advance.--Only funds appropriated
under paragraph (1) in advance specifically to carry out this
section shall be available to carry out this section.
``(i) Rule of Construction.--Tribal personnel may use funds made
available under subsection (h) to carry out inspections of any species
that is not an amenable species only pursuant to, and in accordance
with, a self-determination contract under this section.''.
(b) Rural Water, Waste Disposal, and Community Facility Loans and
Grants.--An Indian Tribe or Tribal organization (as those terms are
defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)) operating under a self-determination
contract described in section 411(b) of the Federal Meat Inspection Act
(as amended by subsection (a)) shall be eligible to receive grants and
loans under section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)).
<all>
PRIME Meat Processing in Indian Country Act
#3994 | S Congress #119
Policy Area: Native Americans
Subjects:
Last Action: Read twice and referred to the Committee on Indian Affairs. (3/4/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text