S. 3994

II  119th CONGRESS  2d Session  S. 3994  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.
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  .
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:
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)).