[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3751 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3751

To establish a Meat, Poultry, and Eggs Inspection Agency to administer 
 the Federal Meat Inspection Act, the Poultry Products Inspection Act, 
and the Egg Products Inspection Act, to expand the application of these 
 Acts, to provide for the establishment of safe cooking standards for 
   meat and poultry products, and to improve scientific research and 
                 understanding of foodborne illnesses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 1994

   Mr. Torricelli introduced the following bill; which was referred 
    jointly to the Committees on Agriculture and Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To establish a Meat, Poultry, and Eggs Inspection Agency to administer 
 the Federal Meat Inspection Act, the Poultry Products Inspection Act, 
and the Egg Products Inspection Act, to expand the application of these 
 Acts, to provide for the establishment of safe cooking standards for 
   meat and poultry products, and to improve scientific research and 
                 understanding of foodborne illnesses.

    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 ``Katie O'Connell Safe Food Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
           TITLE I--MEAT, POULTRY, AND EGGS INSPECTION AGENCY

          Subtitle A--Establishment and Authorities of Agency

Sec. 101. Establishment of Meat, Poultry, and Eggs Inspection Agency.
Sec. 102. Director of Meat, Poultry, and Eggs Inspection.
Sec. 103. General authorities of the Director.
Sec. 104. Bureau for Improved Inspection Capabilities.
Sec. 105. Rules.
                  Subtitle B--Transitional Provisions

Sec. 131. Termination of Food Safety and Inspection Service and 
                            transfer of assets, appropriations, and 
                            personnel to the Agency.
Sec. 132. Clarification of authority of Director to administer the 
                            Federal Meat Inspection Act.
Sec. 133. Clarification of authority of Director to administer the 
                            Poultry Products Inspection Act.
Sec. 134. Clarification of authority of Director to administer the Egg 
                            Products Inspection Act.
Sec. 135. Office of Inspector General of the Agency.
                       Subtitle C--Other Matters

Sec. 141. Definitions.
        TITLE II--EXPANSION OF FOODS COVERED BY INSPECTION LAWS.

Sec. 201. Coverage of additional meats under the Federal Meat 
                            Inspection Act.
Sec. 202. Coverage of additional poultry under the Poultry Products 
                            Inspection Act.
TITLE III--ESTABLISHMENT AND ENFORCEMENT OF SAFE COOKING STANDARDS FOR 
                       MEAT AND POULTRY PRODUCTS

Sec. 301. Establishment of safe cooking standards.
Sec. 302. Enforcement of safe cooking standards.
Sec. 303. Civil penalty for violations of safe cooking standards.
Sec. 304. Effect on State and local laws.
Sec. 305. Whistleblower protections.
Sec. 306. Definitions.
   TITLE IV--EPIDEMIOLOGICAL ACTIVITIES REGARDING FOODBORNE DISEASES

Sec. 401. Epidemiological activities.
          TITLE V--RESEARCH ON TREATMENT OF FOODBORNE DISEASES

Sec. 501. Research on treatment; National Institute of Diabetes and 
                            Digestive and Kidney Diseases.

           TITLE I--MEAT, POULTRY, AND EGGS INSPECTION AGENCY

          Subtitle A--Establishment and Authorities of Agency

SEC. 101. ESTABLISHMENT OF MEAT, POULTRY, AND EGGS INSPECTION AGENCY.

    (a) Establishment of Agency.--There is established in the executive 
branch an agency to be known as the ``Meat, Poultry, and Eggs 
Inspection Agency''. The Agency shall be an independent establishment, 
as defined in section 104 of title 5, United States Code.
    (b) Responsibilities of Agency.--The Agency shall be responsible 
for the implementation and administration of--
            (1) the Federal Meat Inspection Act (21 U.S.C. 601 et 
        seq.);
            (2) the Poultry Products Inspection Act (21 U.S.C. 451 et 
        seq.);
            (3) the Egg Products Inspection Act (21 U.S.C. 1031 et 
        seq.);
            (4) the establishment and enforcement pursuant to title III 
        of safe cooking standards for the preparation of meat and 
        poultry products at restaurants and other retail food 
        establishments; and
            (5) such other inspection, research, and oversight 
        authorities regarding meat, poultry products, and eggs 
        inspection as may be provided to the Agency by this Act or 
        other laws.

SEC. 102. DIRECTOR OF MEAT, POULTRY, AND EGGS INSPECTION.

    (a) Appointment.--There shall be at the head of the Agency a 
Director of Meat, Poultry, and Eggs Inspection who shall be appointed 
by the President, by and with the advice and consent of the Senate. The 
Agency and the inspection laws shall be administered under the 
supervision and direction of the Director.
    (b) Compensation.--The Director shall be compensated at the rate 
provided for level II of the Executive Schedule under section 5313 of 
title 5, United States Code.

SEC. 103. GENERAL AUTHORITIES OF THE DIRECTOR.

    (a) Assistant Directors.--The Director may appoint not more than 
eight assistant directors of the Agency, who shall perform such 
supervisory and administrative duties with respect to the Agency and 
the inspection laws as the Director considers appropriate. Each 
assistant director shall be compensated at the rate provided for level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code.
    (b) Officers and Employees.--The Director may appoint officers and 
employees for the Agency in accordance with the provisions of title 5, 
United States Code, relating to appointment in the competitive service, 
and fix their compensation in accordance with chapter 51 and with 
subchapter III of chapter 53 of such title, relating to classification 
and General Schedule pay.
    (c) Detail of Personnel of Other Agencies.--The Director may enter 
into agreements with other Government agencies, in particular the 
Department of Agriculture, under which officers or employees of such 
agencies may be detailed to the Agency. The detailing of an officer or 
employee of another agency under this subsection shall be made without 
prejudice to the status or advancement of such officers or employees 
within their own agencies.
    (d) Additional Agreements With Other Agencies.--The Director may 
utilize or employ the services, personnel, equipment, or facilities of 
any other Government agency, with the consent of the head of the agency 
concerned, to perform such functions on behalf of the Agency as the 
Director considers appropriate.
    (e) Experts and Consultants.--The Director may procure the services 
of experts and consultants as authorized by section 3109 of title 5, 
United States Code, and pay in connection with such services travel 
expenses of individuals, including transportation and per diem in lieu 
of subsistence while away from their homes or regular places of 
business, as authorized by section 5703 of such title.
    (f) Bureaus, Offices, and Divisions.--The Director may establish 
within the Agency such bureaus, offices, and divisions as the Director 
may determine to be necessary to discharge the responsibilities of the 
Agency. Such an office may include an Office of the General Counsel.
    (g) Regional and Field Offices.--The Director may establish, alter, 
discontinue, or maintain such regional or other field offices as the 
Director may determine to be necessary to carry out the functions 
vested in the Director or other officials of the Agency.

SEC. 104. BUREAU FOR IMPROVED INSPECTION CAPABILITIES.

    (a) Establishment.--There is established within the Agency an 
entity to be known as the ``Bureau for Improved Inspection 
Capabilities'', which shall support efforts to discover modern 
scientific techniques to improve the inspection of meat, poultry, and 
eggs under the inspection laws and to incorporate such techniques into 
the inspection practices used by the Agency.
    (b) Bureau Director.--The Director shall designate one of the 
assistant directors of the Agency appointed under section 103(a) to 
serve as director of the Bureau. The director of the Bureau shall 
report directly to the Director.
    (c) Advisory Commission on Inspection.--
            (1) Appointment and duties.--The Director shall appoint an 
        advisory commission to make recommendations to the Director 
        regarding methods to improve inspection techniques used to 
        carry out the inspection laws or to improve the reliability of 
        existing techniques. The commission shall also perform such 
        other advisory or investigative duties as may be assigned to 
        the commission by this section or the Director.
            (2) Members.--The members of the commission shall consist 
        of--
                    (A) representatives of the meat, poultry, and egg 
                industries;
                    (B) scientists who are experts in the field of food 
                safety; and
                    (C) government officials who are actively involved 
                in meat, poultry, or eggs inspection at the Federal or 
                State level.
            (3) Time period for first recommendations.--Not later than 
        six months after the date on which the commission is first 
        appointed, the commission shall present the Director with a 
        list of recommendations regarding methods to improve current 
        meat, poultry, and eggs inspection techniques.
    (d) Grant and Contract Authority for Research.--The Director may 
make grants to and enter into contracts with State and local 
governments, institutions of higher education, and nonprofit research 
organizations for the purpose of promoting research to evaluate the 
feasibility of implementing recommendations submitted by the commission 
under subsection (c). Grants and contracts under this subsection shall 
be made by the Director on a competitive basis in consultation with the 
Bureau and commission. The commission shall review and evaluate 
research conducted with assistance provided under this subsection.
    (e) Implementation of Results.--The Director may prescribe rules to 
implement recommendations submitted by the commission under subsection 
(c) that are shown to have potential for improving inspection 
techniques or reliability under the inspection laws.

SEC. 105. RULES.

    The Director may prescribe, in accordance with chapters 5 and 6 of 
title 5, United States Code, such rules as the Director determines to 
be necessary or appropriate to administer and manage the functions of 
the Agency.

                  Subtitle B--Transitional Provisions

SEC. 131. TERMINATION OF FOOD SAFETY AND INSPECTION SERVICE AND 
              TRANSFER OF ASSETS, APPROPRIATIONS, AND PERSONNEL TO THE 
              AGENCY.

    (a) Termination of Service.--Not later than ______ days after the 
date of the enactment of this Act, the Secretary of Agriculture shall 
terminate the activities of the Food Safety and Inspection Service of 
the Department of Agriculture to the extent such activities relate to 
the administration or operation of the inspection laws.
    (b) Transfer of Assets and Funds.--Consistent with section 1531 of 
title 31, United States Code, the assets, liabilities, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds of the Food Safety and 
Inspection Service used in connection with the administration or 
operation of the inspection laws shall be transferred to the Agency not 
later than the date of the termination of the Food Safety and 
Inspection Service under subsection (a). Unexpended funds transferred 
pursuant to this subsection shall be used by the Director only for the 
purposes for which the funds were originally authorized and 
appropriated.
    (c) Transfer of Personnel.--During the period beginning on the date 
of the enactment of this Act and ending upon the termination of the 
Food Safety and Inspection Service under subsection (a), the Secretary 
of Agriculture shall transfer to the Agency those officers and 
employees of the Food Safety and Inspection Service who perform duties 
in connection with the administration or operation of the inspection 
laws.
    (d) Effect of Transfer on Personnel.--The transfer under subsection 
(c) of full-time employees (except special Government employees) and 
part-time employees holding permanent positions is not intended to 
cause any such employee to be separated or reduced in grade or 
compensation for one year after the date of the transfer of the 
employee under such subsection. Any person who, on the day preceding 
the effective date of this Act, held a position compensated in 
accordance with the Executive Schedule prescribed in chapter 53 of 
title 5, United States Code, and who, without a break in service, is 
appointed in the Agency to a position having duties comparable to the 
duties performed immediately preceding the appointment shall continue 
to be compensated in the new position at not less than the rate 
provided for the previous position, for the duration of the service of 
the person in the new position.
    (e) References.--After the termination of the Food Safety and 
Inspection Service under subsection (a), any reference in any other 
Federal law, Executive order, rule, regulation, document, or other 
material to the Food Safety and Inspection Service in connection with 
the administration or operation of the inspection laws shall be deemed 
a reference to the Agency.

SEC. 132. CLARIFICATION OF AUTHORITY OF DIRECTOR TO ADMINISTER THE 
              FEDERAL MEAT INSPECTION ACT.

    (a) Definition of Director.--Section 1(a) of the Federal Meat 
Inspection Act (21 U.S.C. 601(a)) is amended to read as follows:
    ``(a) The term `Director' means the Director of Meat, Poultry, and 
Eggs Inspection of the Meat, Poultry, and Eggs Inspection Agency.''.
    (b) Repeal of References to Secretary of Agriculture.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended 
        by striking ``Secretary'' each place it appears and inserting 
        ``Director''.
            (2) Exceptions.--Paragraph (1) shall not apply to the 
        following uses of the term ``Secretary'' in such Act:
                    (A) Section 1(n)(10) (21 U.S.C. 601(n)(10)), the 
                second place the term appears.
                    (B) Section 7(c)(2) (21 U.S.C. 607(c)(2)), the 
                second place the term appears.
                    (C) Section 409(b) (21 U.S.C. 679(b)), the first 
                and third places the term appears.
    (c) Repeal of References to the Department of Agriculture.--The 
Federal Meat Inspection Act is further amended--
            (1) in section 18 (21 U.S.C. 618), by striking 
        ``Department'' and inserting ``Meat, Poultry, and Eggs 
        Inspection Agency''; and
            (2) in section 20(e)(3) (21 U.S.C. 620(e)(3)) by striking 
        ``Department of Agriculture'' and inserting ``Meat, Poultry, 
        and Eggs Inspection Agency''.

SEC. 133. CLARIFICATION OF AUTHORITY OF DIRECTOR TO ADMINISTER THE 
              POULTRY PRODUCTS INSPECTION ACT.

    (a) Definition of Director.--Section 4(i) of the Poultry Products 
Inspection Act (21 U.S.C. 453(i)) is amended to read as follows:
    ``(i) The term `Director' means the Director of Meat, Poultry, and 
Eggs Inspection of the Meat, Poultry, and Eggs Inspection Agency.''.
    (b) Definition of Agency.--Section 4(q) of the Poultry Products 
Inspection Act (21 U.S.C. 453(q)) is amended to read as follows:
    ``(q) The term `inspection service' means the Meat, Poultry, and 
Eggs Inspection Agency.''.
    (c) Repeal of References to Secretary of Agriculture.--
            (1) In general.--Except as provided in paragraph (2), the 
        Poultry Products Inspection Act is amended--
                    (A) in section 2 (21 U.S.C. 451), by striking 
                ``Secretary of Agriculture'' and inserting ``Director 
                of Meat, Poultry, and Eggs Inspection of the Meat, 
                Poultry, and Eggs Inspection Agency'';
                    (B) in sections 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 
                15, 16, 18, 19, 20, 22, 23, 25, 27, and 29 (21 U.S.C. 
                453 et seq.) by striking ``Secretary'' each place it 
                appears and inserting ``Director'';
                    (C) in section 17 (21 U.S.C. 466)--
                            (i) by striking ``Secretary of 
                        Agriculture'' each place it appears and 
                        inserting ``Director''; and
                            (ii) in subsection (d)(3), by striking 
                        ``Secretary'' both places it appears and 
                        inserting ``Director''; and
                    (D) in section 24(b) (21 U.S.C. 467f(b)), by 
                striking ``Secretary'' the second place it appears and 
                inserting ``Director''.
            (2) Exceptions.--Paragraph (1) shall not apply to the 
        following uses of the term ``Secretary'' in such Act:
                    (A) Section 4(h)(10) (21 U.S.C. 453(h)(10)), the 
                second place the term appears.
                    (B) Section 8(b)(2) (21 U.S.C. 457(b)(2)), the 
                second place the term appears.

SEC. 134. CLARIFICATION OF AUTHORITY OF DIRECTOR TO ADMINISTER THE EGG 
              PRODUCTS INSPECTION ACT.

    (a) Definition of Director.--Section 4(x) of the Egg Products 
Inspection Act (21 U.S.C. 1033(x)) is amended to read as follows:
    ``(i) The term `Director' means the Director of Meat, Poultry, and 
Eggs Inspection of the Meat, Poultry, and Eggs Inspection Agency.''.
    (b) Repeal of References to Secretary of Agriculture.--
            (1) In general.--Except as provided in paragraph (2), the 
        Egg Products Inspection Act is amended--
                    (A) in section 2 (21 U.S.C. 1031), by striking 
                ``Secretary of Agriculture'' and inserting ``Director 
                of Meat, Poultry, and Eggs Inspection of the Meat, 
                Poultry, and Eggs Inspection Agency'';
                    (B) in sections 4 (other than subsection (j)), 5, 
                6, 7, 8 (other than subsection (e)(8)), 9, 10, 12, 14, 
                15, 16, 17, 18, 19, 20, 22, 24, and 26 (21 U.S.C. 1033 
                et seq.) by striking ``Secretary'' each place it 
                appears and inserting ``Director'';
                    (C) in section 4(j) (21 U.S.C. 1033(j)) is amended 
                by striking ``the responsible Secretary'' and inserting 
                ``the Director or the Secretary of Health and Human 
                Services, as the case may be,'';
                    (D) in section 5(d) (21 U.S.C. 1034(d)) by striking 
                ``said Secretaries'' in the last sentence and inserting 
                ``the Director or the Secretary of Health and Human 
                Services'';
                    (E) in section 8(e)(8) (21 U.S.C. 1037(e)(8)) by 
                striking ``the Secretary of Agriculture'' and inserting 
                ``the Director'';
                    (F) in section 11 (21 U.S.C. 1040)--
                            (i) by striking ``the Secretary of 
                        Agriculture'' and inserting ``the Director''; 
                        and
                            (ii) by striking ``either of said 
                        Secretaries'' and inserting ``either the 
                        Director or the Secretary of Health and Human 
                        Services'';
                    (G) in section 13 (21 U.S.C. 1042) by striking 
                ``the Secretary of Agriculture'' both places it appears 
                and inserting ``the Director''; and
                    (H) in subsections (c) and (d) of section 23 (21 
                U.S.C. 1052), by striking ``the Secretary of 
                Agriculture'' both places it appears and inserting 
                ``the Director''.
            (2) Exceptions.--Paragraph (1) shall not apply to the 
        following uses of the term ``Secretary'' in such Act:
                    (A) Section 5(d) (21 U.S.C. 1034(d)), the second 
                place the term appears.
                    (B) Section 5(e)(3) (21 U.S.C. 1034(e)(3)), both 
                places the term appears.
                    (C) Section 5(e)(5) (21 U.S.C. 1034(e)(5)), the 
                second place the term appears.
    (c) Repeal of References to the Department of Agriculture.--The Egg 
Products Inspection Act is further amended--
            (1) in section 4(q) (21 U.S.C. 1033(q)), by striking 
        ``Department of Agriculture'' and inserting ``Meat, Poultry, 
        and Eggs Inspection Agency''; and
            (2) in section 26(a)(2)(C) (21 U.S.C. 1054(a)(2)(C)), by 
        striking ``Department of Agriculture'' and inserting ``Meat, 
        Poultry, and Eggs Inspection Agency''.

SEC. 135. OFFICE OF INSPECTOR GENERAL OF THE AGENCY.

    (a) Treatment of Agency as a Designated Federal Entity.--Section 
8F(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended by inserting ``the Meat, Poultry, and Eggs Inspection Agency,'' 
after ``the Legal Services Corporation,''.
    (b) Time for Establishment.--The Office of Inspector General of the 
Agency required to be established by the Director as a result of the 
amendment made by subsection (a) shall be established not later than 
180 days after the date of the enactment of this Act.

                       Subtitle C--Other Matters

SEC. 141. DEFINITIONS.

    For purposes of this title:
            (1) Agency.--The term ``Agency'' means the Meat, Poultry, 
        and Eggs Inspection Agency established under section 101.
            (2) Director.--The term ``Director'' means the Director of 
        Meat, Poultry, and Eggs Inspection Agency appointed under 
        section 102(a).
            (3) Inspection laws.--The term ``inspection laws'' means 
        the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the 
        Poultry Products Inspection Act (21 U.S.C. 451 et seq.), and 
        the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).

        TITLE II--EXPANSION OF FOODS COVERED BY INSPECTION LAWS

SEC. 201. COVERAGE OF ADDITIONAL MEATS UNDER THE FEDERAL MEAT 
              INSPECTION ACT.

    The Federal Meat Inspection Act is amended by inserting after 
section 2 (21 U.S.C. 602) the following new section:

``SEC. 2A. AUTHORITY TO EXPAND ACT TO COVER ADDITIONAL MEATS.

    ``In addition to cattle, sheep, swine, goats, horses, mules, and 
other equines specifically referred to in this Act, the Director may 
extend the provisions of this Act to cover other animals (such as deer, 
bison, and rabbits) intended for human consumption.''.

SEC. 202. COVERAGE OF ADDITIONAL POULTRY UNDER THE POULTRY PRODUCTS 
              INSPECTION ACT.

    The Poultry Products Inspection Act is amended by inserting after 
section 5 (21 U.S.C. 454) the following new section:

``SEC. 5A. AUTHORITY TO EXPAND ACT TO COVER ADDITIONAL POULTRY.

    ``In addition to chickens and turkeys traditionally covered by this 
Act, the Director may extend the provisions of this Act to cover other 
poultry (such as quail, pheasant, and squab) intended for human 
consumption.''.

TITLE III--ESTABLISHMENT AND ENFORCEMENT OF SAFE COOKING STANDARDS FOR 
                       MEAT AND POULTRY PRODUCTS

SEC. 301. ESTABLISHMENT OF SAFE COOKING STANDARDS.

    (a) Establishment.--The Director of Meat, Poultry, and Eggs 
Inspection Agency shall establish by rule safe cooking standards for 
the preparation of meat and poultry products, and foods containing meat 
and poultry products, at restaurants and other retail food 
establishments. The Director shall require that all meat and poultry 
products, and foods containing meat and poultry products, that require 
cooking or smoking shall be cooked to heat all parts of the item to a 
temperature established in the standards as sufficient to destroy 
potentially harmful foodborne microorganisms.
    (b) Entities Subject to Safe Cooking Standards.--Each restaurant or 
other retail food establishment operating in the United States shall 
comply with the safe cooking standards established pursuant to 
subsection (a), except that the Director may exempt a restaurant or 
other retail food establishment, or types of restaurants and other 
retail food establishments, from the operation of the standards.
    (c) Exception to Compliance.--A restaurant or other retail food 
establishment may deviate from the safe cooking standard applicable to 
the cooking or smoking of a particular meat or poultry product, or a 
food containing a meat or poultry product, if the customer orders the 
item in an uncooked form or to be prepared in a manner that 
necessitates a lower cooking temperature than the standard.

SEC. 302. ENFORCEMENT OF SAFE COOKING STANDARDS.

    (a) Enforcement.--The Director shall use the personnel of the Meat, 
Poultry, and Eggs Inspection Agency to enforce the safe cooking 
standards established under section 301(a).
    (b) Inspections.--To ensure compliance with the safe cooking 
standards established under section 301(a), the Director shall cause to 
be made, by inspectors appointed for that purpose, an examination and 
inspection of the preparation of meat and poultry products, and foods 
containing meat and poultry products, at restaurants and other retail 
food establishments subject to this title. Such examination and 
inspection shall be conducted with such frequency and in such manner as 
the Director considers necessary, as provided in rules issued by the 
Director. The Director shall take into account such factors as the 
Director considers to be appropriate, including--
            (1) the nature and frequency of the cooking operations at 
        the restaurant or other retail food establishment involved;
            (2) the adequacy and reliability of the cooking controls 
        and sanitary procedures at the restaurant or establishment; and
            (3) the history of compliance with inspection requirements 
        in effect under this title by the operator of the restaurant or 
        establishment.
    (c) Access.--For purposes of any examination and inspection under 
subsection (b), inspectors shall have access to every part of a 
restaurant or other retail food establishment subject to this title 
during operating hours of the restaurant or establishment.

SEC. 303. CIVIL PENALTY FOR VIOLATIONS OF SAFE COOKING STANDARDS.

    (a) Penalty.--Any restaurant or other retail food establishment 
subject to this title that violates a safe cooking standard established 
under section 301(a) shall be liable to the United States for a civil 
penalty assessed under subsection (b) in an amount not less than $100, 
but not to exceed $1000, for each violation.
    (b) Assessment.--(1) A civil penalty payable under subsection (a) 
may be assessed by the Director only on the record after an opportunity 
for a hearing.
    (2) In connection with a hearing under paragraph (1), the Secretary 
shall have the power to issue subpoenas.

SEC. 304. EFFECT ON STATE AND LOCAL LAWS.

    Nothing in this title shall be construed to preclude a State or 
local government from establishing or enforcing any safe cooking 
standards for the preparation of meat and poultry products, and foods 
containing meat and poultry products, that is not in conflict with the 
safe cooking standards established under section 301(a).

SEC. 305. WHISTLEBLOWER PROTECTION.

    (a) Protection.--No employee of a restaurant or other retail food 
establishment subject to this title, and no other person, may be 
harassed, prosecuted, held liable, or discriminated against in any way 
because that employee or other person--
            (1) has notified the Meat, Poultry, and Eggs Inspection 
        Agency of a violation or possible violation of the safe cooking 
        standards established under section 301(a); or
            (2) has testified, is about to testify, has assisted or 
        participated, or is about to assist or participate, in a 
        proceeding or other action to enforce such safe cooking 
        standards.
    (b) Enforcement of Protections.--The process and procedures 
specified in subsections (c), (d), and (e) of section 405 of the 
Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2305) 
shall apply with respect to an alleged violation of subsection (a) of 
this section in the same manner as such subsections apply to a 
violation of subsection (a) or (b) of that section, except that any 
reference to the Secretary of Labor in such subsections shall be deemed 
to mean the Secretary of Agriculture for purposes of this subsection.

SEC. 306. DEFINITIONS.

    For purposes of this title:
            (1) Director.--The term ``Director'' means the Director of 
        Meat, Poultry, and Eggs Inspection Agency appointed under 
        section 102(a).
            (2) Food.--The term ``food'' has the meaning given that 
        term in section 201(f) of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 321(f)).
            (3) Meat.--The term ``meat'' has the meaning given the term 
        ``meat food product'' in section 1(j) of the Federal Meat 
        Inspection Act (21 U.S.C. 601(j)).
            (4) Poultry product.--The term ``poultry product'' has the 
        meaning given that term in section 4(f) of the Poultry Products 
        Inspection Act (21 U.S.C. 453(f)).
            (5) Restaurant; other retail food establishment.--The terms 
        ``restaurant'' and ``other retail food establishment'' mean any 
        place at which meat or poultry products, or foods containing 
        meat or poultry products, are cooked or smoked for retail sale 
        to and consumption by a customer without additional cooking by 
        the customer, whether or not such consumption occurs on the 
        premises or elsewhere. Such terms include any central kitchen 
        facility that cooks or smokes meat or poultry products, or 
        foods containing meat or poultry products, that are ready to 
        eat when they leave the facility and are served in meals or as 
        entrees sold to customers at a restaurant owned or operated by 
        the same person, firm, or corporation owning or operating the 
        facility.

   TITLE IV--EPIDEMIOLOGICAL ACTIVITIES REGARDING FOODBORNE DISEASES

SEC. 401. EPIDEMIOLOGICAL ACTIVITIES.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.), as amended by section 703 of Public Law 103-183, is amended 
by inserting after section 317F the following section:

             ``prevention and control of foodborne diseases

    ``Sec. 317G. (a) In General.--The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, may carry 
out activities for the prevention and control of foodborne diseases. 
The Secretary may carry out such activities directly, and through 
grants to and cooperative agreements and contracts with public and 
nonprofit private entities.
    ``(b) Population-Based Surveillance Regarding Selected Diseases.--
            ``(1) In general.--In carrying out subsection (a), the 
        Secretary, in collaboration with public and nonprofit private 
        entities, shall select specific populations and, with respect 
        to the populations so selected, carry out the following 
        activities regarding foodborne diseases:
                    ``(A) Monitor the incidence and prevalence of the 
                diseases.
                    ``(B) Carry out activities to identify the 
                pathogenic agents for the diseases.
                    ``(C) Determine the extent to which various 
                treatments are effective responses to the agents so 
                identified.
                    ``(D) Carry out activities to determine the 
                circumstances in which individuals are at risk of the 
                diseases.
                    ``(E) Evaluate efforts to control such diseases.
                    ``(F) Such other activities as the Secretary 
                determines to be appropriate.
            ``(2) Selection of diseases for study.--The Secretary shall 
        select the foodborne diseases with respect to which paragraph 
        (1) is to be carried out. For purposes of the preceding 
        sentence, the Secretary may select conditions that have been 
        scientifically named and conditions that have not been so 
        named, and may select pathogenic agents.
    ``(c) Activities Regarding New and Emerging Foodborne Pathogens.--
In carrying out subsection (a), the Secretary, in collaboration with 
States, shall carry out the following activities regarding new and 
emerging foodborne pathogens:
            ``(1) Collect data on the incidence and prevalence of such 
        pathogens throughout the States.
            ``(2) Conduct epidemiological research on the pathogens, 
        including research to identify significant strains and research 
        to determine whether different strains can cause the same 
        foodborne disease.
            ``(3) Assist the States in developing the capability to 
        identify the pathogens.
            ``(4) Carry out demonstration projects for the control of 
        foodborne diseases caused by the pathogens, including projects 
        for disseminating information on the treatment of such 
        diseases.
            ``(5) Such other activities as the Secretary determines to 
        be appropriate.
    ``(d) Supplies and Services in Lieu of Financial Assistance.--
            ``(1) In general.--Upon the request of a recipient of an 
        award of a grant, cooperative agreement, or contract under this 
        section, the Secretary may, subject to paragraph (2), provide 
        supplies, equipment, and services for the purpose of aiding the 
        recipient in carrying out the program involved and, for such 
        purpose, may detail to the recipient any officer or employee of 
        the Department of Health and Human Services.
            ``(2) Corresponding reduction in payments.--With respect to 
        a request described in paragraph (1), the Secretary shall 
        reduce the amount of payments under the award involved by an 
        amount equal to the costs of detailing personnel and the fair 
        market value of any supplies, equipment, or services provided 
        by the Secretary. The Secretary shall, for the payment of 
        expenses incurred in complying with such request, expend the 
        amounts withheld.
    ``(e) Technical Assistance.--The Secretary may provide technical 
assistance to public and nonprofit private entities with respect to the 
planning, development, and operation of any program or service carried 
out pursuant to this section. The Secretary may provide such technical 
assistance directly or through grants, cooperative agreements, or 
contracts.
    ``(f) Authorizations of Appropriations.--
            ``(1) In general.--For the purpose of carrying out this 
        section other than activities under subsection (b) or (c), 
        there are authorized to be appropriated such sums as may be 
        necessary for each of the fiscal years 1994 through 1998.
            ``(2) Population-based surveillance regarding selected 
        diseases.--For the purpose of carrying out subsection (b), 
        there are authorized to be appropriated $7,000,000 for fiscal 
        year 1994, and such sums as may be necessary for each of the 
        fiscal years 1995 through 1998.
            ``(3) Activities regarding new and emerging foodborne 
        pathogens.--For the purpose of carrying out subsection (c), 
        there are authorized to be appropriated $5,000,000 for fiscal 
        year 1994, and such sums as may be necessary for each of the 
        fiscal years 1995 through 1998.
            ``(4) Availability of funds for staffing.--The purposes for 
        which amounts appropriated under paragraph (1), (2), or (3) may 
        be expended include the costs of employing staff for the 
        Centers for Disease Control and Prevention. Amounts available 
        for a fiscal year pursuant to the preceding sentence are in 
        addition to any other amounts that are available for such year 
        for program management regarding such Centers.''.

          TITLE V--RESEARCH ON TREATMENT OF FOODBORNE DISEASES

SEC. 501. RESEARCH ON TREATMENT; NATIONAL INSTITUTE OF DIABETES AND 
              DIGESTIVE AND KIDNEY DISEASES.

    Subpart 3 of part C of title IV of the Public Health Service Act 
(42 U.S.C. 285c et seq.) is amended by adding at the end the following 
section:

                          ``foodborne diseases

    ``Sec. 434A. (a) In General.--In carrying activities under section 
426, the Director of the Institute shall conduct or support activities 
regarding foodborne diseases, including research on the treatment of 
such diseases.
    ``(b) Clinical Guidelines.--In carrying out subsection (a), the 
Director of the Institute shall develop clinical guidelines on the 
treatment of foodborne diseases.
    ``(c) Data System; Clearinghouse.--The activities of the National 
Digestive Diseases Data System under section 427(b) shall include 
activities regarding foodborne diseases. The activities of the National 
Digestive Diseases Information Clearinghouse under such section shall 
include activities regarding foodborne diseases, including activities 
regarding clinical guidelines developed under subsection (b).''.

                                 <all>