[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1374 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1374

     To allow traditional foods to be served at public facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2013

  Mr. Begich introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
     To allow traditional foods to be served at public facilities.

    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 ``Traditional Foods Nourishment Act of 
2013''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alaska native.--The term ``Alaska Native'' means a 
        person who is a member of any Native village, Village 
        Corporation, or Regional Corporation, as those terms are 
        defined in section 3 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602).
            (2) Food service program.--The term ``food service 
        program'' includes--
                    (A) food service at a residential child care 
                facility with a license from an appropriate State 
                agency;
                    (B) a child nutrition program (as defined in 
                section 25(b) of the Richard B. Russell National School 
                Lunch Act (42 U.S.C. 1769f(b));
                    (C) food service at a hospital, clinic, or long-
                term care facility; and
                    (D) a senior meal program.
            (3) Indian; indian tribe.--The terms ``Indian'' and 
        ``Indian tribe'' have the meanings given those terms in section 
        4 of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 450b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (5) Traditional food.--
                    (A) In general.--The term ``traditional food'' 
                means food that has traditionally been prepared and 
                consumed by an Indian tribe.
                    (B) Inclusions.--The term ``traditional food'' 
                includes--
                            (i) wild game meat;
                            (ii) fish;
                            (iii) seafood;
                            (iv) marine mammals;
                            (v) plants; and
                            (vi) berries.
            (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. 450b).

SEC. 3. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) consumption of traditional foods is proven to benefit 
        health, physical well-being, and fitness;
            (2) the National Institutes of Health has indicated that an 
        increase in the consumption of traditional foods results in 
        positive health effects among Alaska Natives;
            (3) the leading cause of death among Alaska Natives is 
        diet-related health problems resulting in cancer and heart 
        disease;
            (4) traditional foods such as wild salmon, marine mammals, 
        migratory birds, moose, caribou, berries, and plants can have a 
        positive health impact when consumed regularly;
            (5) the Department of Agriculture and the Economic Research 
        Center have indicated that food from local sources is proven to 
        be fresher and less processed and to retain more nutrients;
            (6) providing access to traditional foods in food service 
        programs promotes healthier lifestyles;
            (7) many patients find that traditional foods provide 
        comfort while undergoing treatment or recovery;
            (8) opening food service programs to the donation of 
        traditional foods would aid patients receiving care in a public 
        facility physically and mentally during the healing process;
            (9) food plays an incredibly large part in the culture and 
        lifestyle of a community and expanding traditional food options 
        to school systems would promote more extensive cultural 
        education;
            (10) by increasing demand for local produce, economic 
        stimulation can occur, furthering the development of local 
        communities;
            (11) providing local food donations can lower the cost of 
        meal programs in schools, resulting in more financially stable 
        beneficiaries and a reduction in expenditures by the Federal 
        Government on the child nutrition program (as defined in 
        section 25(b) of the Richard B. Russell National School Lunch 
        Act (42 U.S.C. 1769f(b));
            (12) the program established by this Act would bring 
        communities together;
            (13) the expansion of opportunities for the donation of 
        traditional foods supports hunters;
            (14) game hunters are required to harvest all of the edible 
        meat from most large game; and
            (15) this Act provides a direct opportunity for hunters to 
        donate the meat to food service programs.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide access to traditional foods in food service 
        programs;
            (2) to encourage increased consumption of traditional foods 
        to decrease health disparities among Indians, particularly 
        Alaska Natives; and
            (3) to provide alternative food options for food service 
        programs.

SEC. 4. SERVICE OF TRADITIONAL FOODS IN FOOD SERVICE PROGRAMS.

    (a) Program.--Notwithstanding any other provision of law, the 
Secretary shall allow the donation to and serving of traditional food 
through a food service program at a public facility or a nonprofit 
facility, including a facility operated by an Indian tribe or a tribal 
organization, that primarily serves Indians if the operator of the food 
service program--
            (1) ensures that the food is received whole, gutted, 
        gilled, as quarters, or as a roast, without further processing;
            (2) makes a reasonable determination that--
                    (A) the animal was not diseased;
                    (B) the food was butchered, dressed, transported, 
                and stored to prevent contamination, undesirable 
                microbial growth, or deterioration; and
                    (C) the food will not cause a significant health 
                hazard or potential for human illness;
            (3) carries out any further preparation or processing of 
        the food at a different time or in a different space from the 
        preparation or processing of other food for the applicable 
        program to prevent cross-contamination;
            (4) cleans and sanitizes food-contact surfaces of equipment 
        and utensils after processing the traditional food; and
            (5) labels donated traditional food with the name of the 
        food and stores the traditional food separately from other food 
        for the applicable program, including through storage in a 
        separate freezer or refrigerator or in a separate compartment 
        or shelf in the freezer or refrigerator.
    (b) Liability.--
            (1) In general.--The United States, an Indian tribe, and a 
        tribal organization shall not be liable in any civil action for 
        any damage, injury, or death caused to any person by the 
        donation to or serving of traditional foods through a food 
        service program.
            (2) Rule of construction.--Nothing in paragraph (1) alters 
        any liability or other obligation of the United States under 
        the Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.).
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