S 2245
110th CONGRESS
1st Session
S. 2245
To establish a commission to ensure food safety in the United
States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 25, 2007
Mr. DURBIN introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To establish a commission to ensure food safety in the United
States, 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 `Food Safety Authority Modernization Act'.
SEC. 2. CONGRESSIONAL BIPARTISAN FOOD SAFETY COMMISSION.
(A) IN GENERAL- There is established a commission to be known as
the `Congressional Bipartisan Food Safety Commission' (referred
to in this Act as the `Commission').
(B) PURPOSE- The purpose of the Commission shall be to act in a
bipartisan, consensus-driven fashion--
(i) to review the food safety system of the United States;
(ii) to prepare a report that--
(I) summarizes information about the food safety system as in
effect as of the date of enactment of this Act; and
(II) makes recommendations on ways--
(aa) to modernize the food safety system of the United States;
(bb) to harmonize and update food safety statutes;
(cc) to improve Federal, State, local, and interagency coordination
of food safety personnel, activities, budgets, and leadership;
(dd) to best allocate scarce resources according to risk;
(ee) to ensure that regulations, directives, guidance, and
other standards and requirements are based on best-available science
and technology;
(ff) to emphasize preventative rather than reactive strategies;
and
(gg) to provide to Federal agencies funding mechanisms necessary
to effectively carry out food safety responsibilities; and
(iii) to draft specific statutory language, including detailed
summaries of the language and budget recommendations, that would
implement the recommendations of the Commission.
(A) COMPOSITION- The Commission shall be composed of 19 members.
(B) ELIGIBILITY- Members of the Commission shall--
(i) have specialized training, education, or significant experience
in at least 1 of the areas of--
(I) food safety research;
(II) food safety law and policy; and
(III) program design and implementation;
(I) the Secretary of Agriculture (or a designee);
(II) the Secretary of Health and Human Services (or a designee);
(III) 1 Member of the House of Representatives; and
(IV) 1 Member of the Senate; and
(V) 15 additional members that include, to the maximum extent
practicable, representatives of--
(aa) consumer organizations;
(bb) agricultural and livestock production;
(cc) public health professionals;
(dd) State regulators;
(ee) Federal employees; and
(ff) the livestock and food manufacturing and processing industry.
(i) IN GENERAL- The appointment of the members of the Commission
shall be made not later than 60 days after the date of enactment
of this Act.
(ii) CERTAIN APPOINTMENTS- Of the members of the Commission described
in subparagraph (B)(ii)(V)--
(I) 2 shall be appointed by the President;
(II) 7 shall be appointed by a working group consisting of--
(aa) the Chairman of each of the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Health, Education, Labor,
and Pensions of the Senate;
(bb) the Chairman of each of the Committee on Agriculture
and the Committee on Energy and Commerce of the House of Representatives;
(cc) the Speaker of the House of Representatives; and
(dd) the majority leader of the Senate; and
(III) 6 shall be appointed by a working group consisting of--
(aa) the Ranking Member of each of the Committees described
in items (aa) and (bb) of subclause (II);
(bb) the minority leader of the House of Representatives;
and
(cc) the minority leader of the Senate.
(D) TERM- A member of the Commission shall be appointed for the
life of the Commission.
(E) VACANCIES- A vacancy on the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original appointment
was made.
(A) INITIAL MEETING- Except as provided in subparagraph (B), the
initial meeting of the Commission shall be conducted in Washington,
District of Columbia, not later than 30 days after the date of appointment
of the final member of the Commission under paragraph (2)(C).
(B) MEETING FOR PARTIAL APPOINTMENT- If, as of the date that is
90 days after the date of enactment of this Act, all members of
the Commission have not been appointed under paragraph (2)(C), but
at least 8 members have been appointed, the Commission may hold
the initial meeting of the Commission.
(C) OTHER MEETINGS- The Commission shall--
(i) hold a series of at least 5 stakeholder meetings to solicit
public comment, including--
(I) at least 1 stakeholder meeting, to be held in Washington,
District of Columbia; and
(II) at least 4 stakeholder meetings, to be held in various
regions of the United States; and
(ii) meet at the call of--
(II) the Vice-Chairperson; or
(III) a majority of the members of the Commission.
(D) PUBLIC PARTICIPATION; INFORMATION- To the maximum extent practicable--
(i) each meeting of the Commission shall be open to the public;
and
(ii) all information from a meeting of the Commission shall be
recorded and made available to the public.
(E) QUORUM- With respect to meetings of the Commission--
(i) a majority of the members of the Commission shall constitute
a quorum for the conduct of business of the Commission; but
(ii) for the purpose of a stakeholder meeting described in subparagraph
(C)(i), 4 or more members of the Commission shall constitute a
quorum.
(F) FACILITATOR- The Commission shall contract with a nonpolitical,
disinterested third-party entity to serve as a meeting facilitator.
(4) CHAIRPERSON AND VICE-CHAIRPERSON- At the initial meeting of the
Commission, the members of the Commission shall select from among
the members a Chairperson and Vice-Chairperson of the Commission.
(1) RECOMMENDATIONS- The Commission shall review and consider the
statutes, studies, and reports described in paragraph (2) for the
purpose of understanding the food safety system of the United States
in existence as of the date of enactment of this Act.
(2) STATUTES, STUDIES, AND REPORTS- The statutes, studies, and reports
referred to in paragraph (1) are--
(A) with respect to laws administered by the Secretary of Agriculture--
(i) the Federal Seed Act (7 U.S.C. 1551 et seq.);
(ii) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.);
(iii) the Animal Health Protection Act (7 U.S.C. 8301 et seq.);
(iv) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.);
(v) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.);
(vi) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);
and
(vii) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.);
(B) with respect to laws administered by the Secretary of the Treasury,
the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.);
(C) with respect to laws administered by the Federal Trade Commission,
the Act of September 26, 1914 (15 U.S.C. 41 et seq.);
(D) with respect to laws administered by the Secretary of Health
and Human Services--
(i) chapters I through IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.);
(ii) the Public Health Service Act (42 U.S.C. 201 et seq.);
(iii) the Import Milk Act (21 U.S.C. 141 et seq.);
(iv) the Food Additives Amendment of 1958 (Public Law 85-929;
52 Stat. 1041);
(v) the Fair Packaging and Labeling Act (Public Law 89-755; 80
Stat. 1296);
(vi) the Infant Formula Act of 1980 (21 U.S.C. 301 note; Public
Law 96-359);
(vii) the Pesticide Monitoring Improvements Act of 1988 (Public
Law 100-418; 102 Stat. 1411);
(viii) the Nutrition Labeling and Education Act of 1990 (21 U.S.C.
301 note; Public Law 101-535);
(ix) the Food and Drug Administration Modernization Act of 1997
(21 U.S.C. 301 note; Public Law 105-115); and
(x) the Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (21 U.S.C. 201 note; Public Law 107-188);
(E) with respect to laws administered by the Attorney General, the
Federal Anti-Tampering Act (18 U.S.C. 1365 note; Public Law 98-127);
(F) with respect to laws administered by the Administrator of the
Environmental Protection Agency--
(i) the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.);
(ii) the Food Quality Protection Act of 1996 (7 U.S.C. 136 note;
Public Law 104-170);
(iii) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);
and
(iv) the Safe Drinking Water Act of 1974 (42 U.S.C. 201 note;
Public Law 93-523); and
(G) with respect to laws administered by the Secretary of Transportation,
chapter 57 of subtitle II of title 49, United States Code (relating
to sanitary food transportation); and
(H) with respect to Government studies on food safety--
(i) the report of the National Academies of Science entitled `Ensuring
Safe Food from Production to Consumption' and dated 1998;
(ii) the report of the National Academies of Science entitled
`Scientific Criteria to Ensure Safe Food' and dated 2003;
(iii) reports of the Office of the Inspector General of the Department
of Agriculture, including--
(I) report 24601-0008-CH, entitled `Egg Products Processing
Inspection' and dated September 18, 2007;
(II) report 24005-1-AT, entitled `Food Safety and Inspection
Service--State Meat and Poultry Inspection Programs' and dated
September 27, 2006;
(III) report 24601-06-CH, entitled `Food Safety and Inspection
Service's In-Plant Performance System' and dated March 28, 2006;
(IV) report 24601-05-AT, entitled `Hazard Analysis and Critical
Control Point Implementation at Very Small Plants' and dated
June 24, 2005;
(V) report 24601-04-HY, entitled `Food Safety and Inspection
Service Oversight of the 2004 Recall by Quaker Maid Meats, Inc.'
and dated May 18, 2005;
(VI) report 24501-01-FM, entitled `Food Safety and Inspection
Service Application Controls--Performance Based Inspection System'
and dated November 24, 2004;
(VII) report 24601-03-CH, entitled `Food Safety and Inspection
Service Use of Food Safety Information' and dated September
30, 2004;
(VIII) report 24601-03-HY, entitled `Food Safety and Inspection
Service Effectiveness Checks for the 2002 Pilgrim's Pride Recall'
and dated June 29, 2004;
(IX) report 24601-02-HY, entitled `Food Safety and Inspection
Service Oversight of the Listeria Outbreak in the Northeastern
United States' and dated June 9, 2004;
(X) report 24099-05-HY, entitled `Food Safety and Inspection
Service Imported Meat and Poultry Equivalence Determinations
Phase III' and dated December 29, 2003;
(XI) report 24601-2-KC, entitled `Food Safety and Inspection
Service--Oversight of Production Process and Recall at Conagra
Plant (Establishment 969)' and dated September 30, 2003;
(XII) report 24601-1-Ch, entitled `Laboratory Testing Of Meat
And Poultry Products' and dated June 21, 2000;
(XIII) report 24001-3-At, 24601-1-Ch, 24099-3-Hy, 24601-4-At,
entitled `Food Safety and Inspection Service: HACCP Implementation,
Pathogen Testing Program, Foreign Country Equivalency, Compliance
Activities' and dated June 21, 2000; and
(XIV) report 24001-3-At, entitled `Implementation of the Hazard
Analysis and Critical Control Point System' and dated June 21,
2000; and
(I) with respect to reports prepared by the Government Accountability
Office, the reports designated--
(xvii) GAO/RCED-00-195; and
(xviii) GAO/T-RCED-9-256.
(3) REPORT- Not later than 360 days after the date on which the Commission
first meets, the Commission shall submit to the President and Congress
a report that includes the report and summaries, statutory language
recommendations, and budget recommendations described in clauses (ii)
and (iii) of subsection (a)(1)(B).
(c) Powers of the Commission-
(1) HEARINGS- The Commission or, at the direction of the Commission,
any member of the Commission, may, for the purpose of carrying out
this section--
(A) hold such hearings, meet and act at such times and places, take
such testimony, receive such evidence, and administer such oaths;
and
(B) require, by subpoena or otherwise, the attendance and testimony
of such witnesses and the production of such books, records, correspondence,
memoranda, papers, documents, tapes, and materials;
as the Commission or member considers advisable.
(2) ISSUANCE AND ENFORCEMENT OF SUBPOENAS-
(A) ISSUANCE- A subpoena issued under paragraph (1)(B) shall--
(i) bear the signature of the Chairperson of the Commission; and
(ii) be served by any person or class of persons designated by
the Chairperson for that purpose.
(B) ENFORCEMENT- In the case of contumacy or failure to obey a subpoena
issued under paragraph (1)(B), the United States district court
for the district in which the subpoenaed person resides, is served,
or may be found, may issue an order requiring the person to appear
at any designated place to testify or to produce documentary or
other evidence.
(C) NONCOMPLIANCE- Any failure to obey the order of the court may
be punished by the court as a contempt of court.
(D) WITNESS ALLOWANCES AND FEES-
(i) IN GENERAL- Section 1821 of title 28, United States Code,
shall apply to a witness requested or subpoenaed to appear at
a hearing of the Commission.
(ii) EXPENSES- The per diem and mileage allowances for a witness
shall be paid from funds available to pay the expenses of the
Commission.
(3) INFORMATION FROM FEDERAL AGENCIES-
(A) IN GENERAL- The Commission may secure directly, from any Federal
agency, such information as the Commission considers necessary to
carry out this section.
(B) PROVISION OF INFORMATION-
(i) IN GENERAL- Subject to subparagraph (C), on the request of
the Commission, the head of a Federal agency described in subparagraph
(A) shall expeditiously furnish information requested by the Commission
to the Commission.
(ii) ADMINISTRATION- The furnishing of information by a Federal
agency to the Commission shall not be considered a waiver of any
exemption available to the agency under section 552 of title 5,
United States Code.
(C) INFORMATION TO BE KEPT CONFIDENTIAL- For purposes of section
1905 of title 18, United States Code--
(i) the Commission shall be considered an agency of the Federal
Government; and
(ii) any individual employed by an individual, entity, or organization
that is a party to a contract with the Commission under this section
shall be considered an employee of the Commission.
(d) Commission Personnel Matters-
(A) NON-FEDERAL EMPLOYEES- A member of the Commission who is not
an officer or employee of the Federal Government shall be compensated
at a rate equal to the daily equivalent of the annual rate of basic
pay prescribed for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (including travel
time) during which the member is engaged in the performance of the
duties of the Commission.
(B) FEDERAL EMPLOYEES- A member of the Commission who is an officer
or employee of the Federal Government shall serve without compensation
in addition to the compensation received for the services of the
member as an officer or employee of the Federal Government.
(C) TRAVEL EXPENSES- A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties
of the Commission.
(A) EXECUTIVE DIRECTOR- Not later than 30 days after the Chairperson
and Vice-Chairperson of the Commission are selected under subsection
(a)(4), the Chairperson and Vice-Chairperson shall jointly select
an individual to serve as executive director of the Commission.
(B) ADDITIONAL STAFF- The Chairperson of the Commission may, without
regard to the civil service laws (including regulations), appoint
and terminate the appointment of such other additional personnel
as are necessary to enable the Commission to perform the duties
of the Commission.
(C) CONFIRMATION OF EXECUTIVE DIRECTOR- The employment of an executive
director under this paragraph shall be subject to confirmation by
the Commission.
(i) IN GENERAL- Except as provided in clause (ii), the Chairperson
of the Commission may fix the compensation of the executive director
and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General Schedule
pay rates.
(ii) MAXIMUM RATE OF PAY- The rate of pay for the executive director
and other personnel shall not exceed the rate payable for level
II of the Executive Schedule under section 5316 of title 5, United
States Code.
(3) DETAIL OF FEDERAL GOVERNMENT EMPLOYEES-
(A) IN GENERAL- An employee of the Federal Government may be detailed
to the Commission, without reimbursement, for such period of time
as is permitted by law.
(B) CIVIL SERVICE STATUS- The detail of the employee shall be without
interruption or loss of civil service status or privilege.
(4) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson,
Vice-Chairperson, and executive director of the Commission may procure
temporary and intermittent services in accordance with section 3109(b)
of title 5, United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section 5316 of that
title.
(e) Funding and Support Services- For each fiscal year, the Secretary
of Agriculture and the Secretary of Health and Human Services shall
provide to fund the Commission and carry out this section--
(1) from funds made available to the Secretary of Agriculture under
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) and amounts
made available for the Office of the Secretary of Health and Human
Services from appropriations Acts, such equal amounts as are necessary
to fund the Commission and otherwise carry out this section; and
(2) such equal contributions of support services as are necessary
to assist the Commission in carrying out the duties of the Commission
under this section.
(f) Termination- The Commission shall terminate on the date that is
60 days after the date on which the Commission submits the report under
subsection (b)(2).
SEC. 3. TERMINATION OF AUTHORITY RELATING TO FOOD AND FOOD SAFETY.
(a) Termination of Authority- The budget authority to implement the
provisions of law described in subsection (b) relating to food and food
safety shall terminate on the date that is 2 years after the date of
enactment of this Act.
(b) Provisions of Law- The provisions of law referred to in subsection
(a) are--
(1) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.);
(2) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);
(3) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.); and
(4) chapters I through IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.).
END
