[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1126 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1126

To amend the Federal Food, Drug, and Cosmetic Act to improve the safety 
               of imported food, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 1999

Ms. Mikulski (for herself, Mr. Kennedy, and Mr. Durbin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Food, Drug, and Cosmetic Act to improve the safety 
               of imported food, 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 ``Imported Food Safety Improvement Act 
of 1999''.

         TITLE I--IMPROVEMENTS TO THE FOOD SAFETY IMPORT SYSTEM

SEC. 101. EQUIVALENCE AUTHORITY TO PROTECT THE PUBLIC HEALTH FROM 
              CONTAMINATED IMPORTED FOODS.

    (a) Equivalence Determinations, and Measures, Systems, and 
Conditions To Achieve Public Health Protection.--Section 801 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended--
            (1) by redesignating subsections (d), (e), and (f) as 
        subsections (f), (g), and (h), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d)(1) Subject to paragraphs (2) and (3), any food offered for 
import into the United States shall be prepared (including produced), 
packed, and held under a system or conditions, or subject to measures, 
that meet the requirements of this Act or that have been determined by 
the Secretary to be equivalent to a system, conditions, or measures for 
such food in the United States and to achieve the level of public 
health protection for such food prepared, packed, and held in the 
United States. Consistent with section 492 of the Trade Agreements Act 
of 1979 (19 U.S.C. 2578a), the Secretary shall make, where appropriate, 
equivalence determinations described in that section relating to 
sanitary or phytosanitary measures (including systems and conditions) 
that apply to the preparation, packing, and holding of food offered for 
import into the United States.
    ``(2) In carrying out this subsection, the Secretary shall conduct 
systematic evaluations of the systems, conditions, and measures in 
foreign countries that apply to the preparation, packing, and holding 
of food offered for import into the United States.
    ``(3) The Secretary shall develop a plan for the implementation of 
the authority under this subsection within 2 years after the date of 
enactment of the Imported Food Safety Improvement Act of 1999. In 
developing the plan, the Secretary shall provide an opportunity for, 
and take into consideration, public comment on a proposed plan.''.
    (b) General Authority.--Section 801 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 381), as amended in subsection (a), is further 
amended by inserting after subsection (d) the following:
    ``(e)(1)(A) The Secretary shall establish a system, for use by the 
Secretary of the Treasury, to deny the entry of any food offered for 
import into the United States if the Secretary of Health and Human 
Services makes and publishes--
            ``(i) a written determination that the food--
                    ``(I) has been associated with repeated and 
                separate outbreaks of foodborne disease or has been 
                repeatedly determined by the Secretary to be 
                adulterated within the meaning of section 402;
                    ``(II) presents a reasonable probability of causing 
                significant adverse health consequences or death; and
                    ``(III) is likely, without systemic intervention or 
                changes, to cause disease or be adulterated again; or
            ``(ii) an emergency written determination that the food has 
        been strongly associated with a single outbreak of foodborne 
        disease that has caused serious adverse health consequences or 
        death.
    ``(B)(i) The Secretary shall make a determination described in 
subparagraph (A) with respect to--
            ``(I) a food from a specific producer, manufacturer, or 
        shipper; or
            ``(II) a food from a specific growing area or country;
that meets the criteria described in subparagraph (A).
    ``(ii) Only the food from the specific producer, manufacturer, 
shipper, growing area, or country for which the Secretary makes the 
determination shall be subject to denial of entry under this 
subsection.
    ``(C) The denial of entry of any food under this paragraph shall be 
done in a manner consistent with bilateral, regional, and multilateral 
trade agreements and the rights and obligations of the United States 
under the agreements.
    ``(D)(i) Before making any written determination under subparagraph 
(A)(i), the Secretary shall consider written comments, on a proposed 
determination, made by any party affected by the proposed determination 
and any remedial actions taken to address the findings made in the 
proposed determination. In making the written determination, the 
Secretary may modify or rescind the proposed determination in 
accordance with such comments.
    ``(ii)(I) The Secretary may immediately issue an emergency written 
determination under subparagraph (A)(ii) without first considering 
comments on a proposed determination.
    ``(II) Within 30 days after the issuance of the emergency 
determination, the Secretary shall consider written comments on the 
determination that are made by a party described in clause (i) and 
received within the 30-day period. The Secretary may affirm, modify, or 
rescind the emergency determination in accordance with the comments.
    ``(III) The emergency determination shall be in effect--
            ``(aa) for the 30-day period; or
            ``(bb) if the Secretary affirms or modifies the 
        determination, until the Secretary rescinds the determination.
    ``(2)(A) The food initially denied entry under paragraph (1) may be 
imported into the United States if the Secretary finds that--
            ``(i) the written determination made under paragraph (1) no 
        longer justifies the denial of entry of the food; or
            ``(ii) evidence of remedial action submitted from the 
        producer, manufacturer, shipper, specific growing area, or 
        country for which the Secretary made the written determination 
        under paragraph (1) addresses the determination.
    ``(B)(i) The Secretary shall take action on evidence submitted 
under subparagraph (A)(ii) within 90 days after the date of the 
submission of the evidence.
    ``(ii) The Secretary's action may include--
            ``(I) lifting the denial of entry of the food; or
            ``(II) continuing to deny entry of the food while 
        requesting additional information or specific remedial action 
        from the producer, manufacturer, shipper, specific growing 
        area, or country.
    ``(iii) If the Secretary does not take action on evidence submitted 
under subparagraph (A)(ii) within 90 days after the date of submission, 
effective on the 91st day after the date of submission, the food 
initially denied entry under paragraph (1) may be imported into the 
United States.
    ``(3) The Secretary shall by regulation establish criteria and 
procedures for the system described in paragraph (1). The Secretary may 
by regulation modify those criteria and procedures, as the Secretary 
determines appropriate.''.
    (c) Technical and Conforming Amendments.--
            (1) Section 351(h) of the Public Health Service Act (42 
        U.S.C. 262(h)) is amended by striking ``section 801(e)(1) of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(e))'' 
        and inserting ``section 801(g)(1) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 381(g)(1))''.
            (2) Section 301 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 331) is amended--
                    (A) in paragraph (t), by striking ``section 
                801(d)(1)'' and inserting ``section 801(f)(1)''; and
                    (B) in paragraph (w)--
                            (i) by striking ``sections 801(d)(3)(A) and 
                        801(d)(3)(B)'' and inserting ``subparagraphs 
                        (A) and (B) of section 801(f)(3)'';
                            (ii) except as provided in clause (i), by 
                        striking ``section 801(d)(3)'' each place it 
                        appears and inserting ``section 801(f)(3)''; 
                        and
                            (iii) by striking ``section 801(e)'' and 
                        inserting ``section 801(g)''.
            (3) Section 303(b)(1)(A) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 333(b)(1)(A)) is amended by striking 
        ``section 801(d)(1)'' and inserting ``section 801(f)(1)''.
            (4) Section 304(d)(1) of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 334(d)(1)) is amended--
                    (A) by striking ``section 801(e)(1)'' and inserting 
                ``section 801(g)(1)''; and
                    (B) except as provided in subparagraph (A), by 
                striking ``section 801(e)'' each place it appears and 
                inserting ``section 801(g)''.
            (5) Section 801 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 381) is amended--
                    (A) in subsection (a), in the third sentence, by 
                striking ``subsection (b) of this section'' and 
                inserting ``subsection (b) or subsection (e)(2)(A) (in 
                the case of a food described in that subsection)'';
                    (B) in paragraph (3)(A) of subsection (f), as 
                redesignated in subsection (a), by striking ``section 
                801(e) or 802'' and inserting ``subsection (g), section 
                802,''; and
                    (C) in paragraph (1) of subsection (h), as 
                redesignated in subsection (a), by striking 
                ``subsection (e)'' and inserting ``subsection (g)''.
            (6) Section 802 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 382) is amended--
                    (A) in subsection (a)(2)(C), by striking ``section 
                801(e)(2)'' and inserting ``section 801(g)(2)'';
                    (B) in subsection (f)(3), by striking ``section 
                801(e)(1)'' and inserting ``section 801(g)(1)''; and
                    (C) in subsection (i), by striking ``section 
                801(e)(1)'' and inserting ``section 801(g)(1)''.

SEC. 102. PROHIBITION AGAINST THE DISTRIBUTION OF CERTAIN FOOD.

    (a) Adulterated Foods.--Section 402 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the 
following:
    ``(h)(1) If--
            ``(A) it is a food being imported or offered for import 
        into the United States;
            ``(B) the food has been designated by the Secretary for 
        sampling, examination, or review for the purpose of determining 
        whether the food is in compliance with this Act;
            ``(C) the Secretary requires, under section 801(a)(2)(B), 
        that the food not be distributed until the Secretary authorizes 
        the distribution of the food; and
            ``(D) the food is distributed before the Secretary 
        authorizes the distribution.
    ``(2) In this paragraph, the term `distributed', used with respect 
to food, means--
            ``(A) moved for the purpose of selling the food, offering 
        the food for sale, or delivering the food for the purpose of 
selling the food or offering the food for sale; or
            ``(B) delivered contrary to any bond requirement.''.
    (b) Prohibition.--Section 801(a) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 381(a)) is amended--
            (1) in the third sentence, by redesignating paragraphs (1) 
        through (3) as subparagraphs (A) through (C), respectively;
            (2) by striking ``(a) The'' and inserting ``(a)(1) The'';
            (3) in the last sentence, by striking ``Clause (2)'' and 
        inserting ``Subparagraph (B)'';
            (4) by moving the fourth sentence to the end;
            (5) in the sentence so moved, by striking ``The Secretary'' 
        and inserting the following:
    ``(2)(A) The Secretary''; and
            (6) by adding at the end the following:
    ``(B) The Secretary of Health and Human Services may require that a 
food being imported or offered for import into the United States not be 
distributed until the Secretary authorizes distribution of the food.''.

SEC. 103. REQUIREMENT OF SECURE STORAGE OF CERTAIN IMPORTED FOOD.

    (a) Adulterated Foods.--Section 402 of the Federal Food, Drug, and 
Cosmetic Act, as amended in section 102(a), is further amended by 
adding at the end the following:
    ``(i) If--
            ``(1) it is a food being imported or offered for import 
        into the United States;
            ``(2) the Secretary requires, under section 801(a)(2)(C), 
        that the food be held in a secure storage facility until the 
        Secretary authorizes distribution of the food; and
            ``(3) the food is not held in a secure storage facility as 
        described in section 801(a)(2)(C) until the Secretary 
        authorizes the distribution.''.
    (b) Requirement.--Section 801(a)(2) of the Federal Food, Drug, and 
Cosmetic Act, as amended in section 102(b), is further amended by 
adding at the end the following:
    ``(C)(i) The Secretary of Health and Human Services may require 
that a food that is being imported or offered for import into the 
United States be held, at the expense of the owner or consignee of the 
food, in a secure storage facility until the Secretary authorizes 
distribution of the food, if the Secretary makes the determination that 
the food is--
            ``(I) being imported or offered for import into the United 
        States by a person described in clause (ii); or
            ``(II) owned by or consigned to a person described in 
        clause (ii).
    ``(ii) An importer, owner, or consignee referred to in subclause 
(I) or (II) of clause (i) is a person against whom the Secretary of the 
Treasury has assessed liquidated damages not less than twice under 
subsection (b) for failure to redeliver, at the request of the 
Secretary of the Treasury, food subject to a bond under subsection 
(b).''.

SEC. 104. REQUIREMENT OF ADMINISTRATIVE DESTRUCTION OF CERTAIN IMPORTED 
              FOOD.

    (a) Adulterated Foods.--Section 402 of the Federal Food, Drug, and 
Cosmetic Act, as amended in section 103(a), is further amended by 
adding at the end the following:
    ``(j) Notwithstanding subsections (a)(2)(A) and (b) of section 801, 
if--
            ``(1) it is a food being imported or offered for import 
        into the United States;
            ``(2) the food presents a reasonable probability of causing 
        significant adverse health consequences or death;
            ``(3) the Secretary, after the food has been refused 
        admission under section 801(a), requires under section 
        801(a)(2)(D) that the food be destroyed; and
            ``(4) the owner or consignee of the food fails to comply 
        with that destruction requirement.''.
    (b) Requirement.--Section 801(a)(2) of the Federal Food, Drug, and 
Cosmetic Act, as amended in section 103(b), is further amended by 
adding at the end the following:
    ``(D) The Secretary of Health and Human Services may require 
destruction, at the expense of the owner or consignee, of food imported 
or offered for import into the United States that presents a reasonable 
probability of causing significant adverse health consequences or 
death.''.

SEC. 105. PROHIBITION AGAINST PORT SHOPPING.

    Section 402 of the Federal Food, Drug, and Cosmetic Act, as amended 
in section 104(a), is further amended by adding at the end the 
following:
    ``(k) If it is an article of food being imported or offered for 
import into the United States, and the article of food previously has 
been refused admission under section 801(a), unless the person 
reoffering the article affirmatively establishes, at the expense of the 
owner or consignee of the article, that the article complies with the 
applicable requirements of this Act, as determined by the Secretary.''.

SEC. 106. PROHIBITION OF IMPORTS BY DEBARRED PERSONS.

    Section 402 of the Federal Food, Drug, and Cosmetic Act, as amended 
in section 105, is further amended by adding at the end the following:
    ``(l) If it is a food being imported or offered for import into the 
United States by a person debarred under section 306(b)(4).''.

SEC. 107. AUTHORITY TO MARK REFUSED ARTICLES.

    (a) Misbranded Foods.--Section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
following:
    ``(t) If--
            ``(1) it has been refused admission under section 801(a);
            ``(2) the food has not been required to be destroyed under 
        subparagraph (A) or (B) of section 801(a)(2); and
            ``(3) the packaging of the food does not bear a label or 
        labeling described in section 801(a)(2)(E).''.
    (b) Requirement.--Section 801(a)(2) of the Federal Food, Drug, and 
Cosmetic Act, as amended in section 104(b), is further amended by 
adding at the end the following:
    ``(E) The Secretary of Health and Human Services may require the 
owner or consignee of food that has been refused admission under 
paragraph (1), and has not been required to be destroyed under 
subparagraph (A) or (B), to affix to the packaging of the food a label 
or labeling that--
            ``(i) clearly and conspicuously bears the following 
        statement: `United States: Refused Entry.';
            ``(ii) is affixed to the packaging until the food is 
        brought into compliance with this Act; and
            ``(iii) has been provided at the expense of the owner or 
        consignee of the food.''.

SEC. 108. EXPORT OF REFUSED ARTICLES.

    Paragraph (2)(A) of section 801(a) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 381(a)), as designated in section 102(b), is 
amended by striking ``ninety days'' and inserting ``30 days''.

SEC. 109. COLLECTION AND ANALYSIS OF SAMPLES OF FOOD IMPORTS.

    Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
381), as amended in section 101(a), is further amended by adding at the 
end the following:
    ``(i) The Secretary may issue regulations or guidance as necessary 
to govern the collection and analysis by entities other than the Food 
and Drug Administration of samples of food imported or offered for 
import into the United States to ensure the integrity of the samples 
collected and the validity of the analytical results.''.

  TITLE II--ENFORCEMENT AND PENALTIES FOR IMPORTING CONTAMINATED FOOD

SEC. 201. ENHANCED BONDING REQUIREMENTS FOR PRIOR INVOLVEMENT IN 
              IMPORTING ADULTERATED OR MISBRANDED FOOD.

    Section 801(b) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 381(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following:
    ``(2)(A) The Secretary of the Treasury, acting through the 
Commissioner of Customs, shall issue regulations that establish a rate 
for a bond required to be executed under paragraph (1) for an article 
of food if an owner, consignee, or importer of the food has committed a 
covered violation.
    ``(B) The regulations shall require the owner or consignee to 
execute such a bond--
            ``(i) at twice the usual rate; or
            ``(ii) if the owner, consignee, or importer has committed 
        more than 1 covered violation, at a rate that increases with 
        the number of covered violations committed, as determined in 
        accordance with a sliding scale established in the regulations.
    ``(C) In this paragraph:
            ``(i) The term `committed' means been convicted of, or 
        found liable for, a violation by an appropriate court or 
        administrative officer.
            ``(ii) The term `covered violation' means a violation 
        relating to--
                    ``(I) importing or offering for import into the 
                United States--
                            ``(aa) an article of food during a period 
                        of debarment under section 306(b)(4);
                            ``(bb) an article of food that is 
                        adulterated within the meaning of paragraph 
                        (h), (i), (j), (k), or (l) of section 402; or
                            ``(cc) an article of food that is 
                        misbranded within the meaning of section 
                        403(t); or
                    ``(II) making a false or misleading statement in 
                conduct relating to the import or offering for import 
                of a food into the United States.
            ``(iii) The term `usual rate', used with respect to a bond, 
        means the rate that would be required under paragraph (1) for 
        the bond by a person who has not committed a covered 
        violation.''.

SEC. 202. DEBARMENT OF REPEAT OFFENDERS AND SERIOUS OFFENDERS.

    (a) In General.--Section 306(b) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 335a(b)) is amended--
            (1) in paragraph (1), in the paragraph heading, by striking 
        ``In general.--'' and inserting 
        ``Debarmentforviolationsrelatingtodrugs.--'';
            (2) in paragraph (2), in the paragraph heading, by striking 
        ``Persons subject to permissive debarment.--'' and inserting 
        ``Persons subject to permissive debarment for violations 
        relating to drugs.--'';
            (3) in paragraph (3), in the paragraph heading, by striking 
        ``Stay of certain orders.--'' and inserting ``Stay of certain 
        orders relating to debarment for violations relating to 
        drugs.--''; and
            (4) by adding at the end the following:
            ``(4) Debarment for violations relating to food imports.--
                    ``(A) In general.--The Secretary may debar a person 
                from importing a food or offering a food for import 
                into the United States, if--
                            ``(i) the Secretary finds that the person 
                        has been convicted for conduct that is a felony 
                        under Federal law and relates to the 
                        importation or offering for importation of any 
                        food into the United States; or
                            ``(ii) the Secretary makes a written 
                        determination that the person has repeatedly or 
                        deliberately imported or offered for import 
                        into the United States a food adulterated 
                        within the meaning of paragraph (h), (i), (j), 
                        or (k) of section 402, or misbranded within the 
                        meaning of section 403(t).
                    ``(B) Impact.--On debarring a person under 
                subparagraph (A), the Secretary shall provide notice of 
the debarment to the Secretary of the Treasury, who shall deny entry of 
food offered for import by the person.''.
    (b) Technical and Conforming Amendments.--
            (1) In general.--Section 306 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 335a) is amended--
                    (A) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (B), by 
                                striking ``, and'' at the end and 
                                inserting a comma;
                                    (II) by redesignating subparagraph 
                                (C) as subparagraph (D); and
                                    (III) by inserting after 
                                subparagraph (B) the following:
                    ``(C) shall, during the period of a debarment under 
                subsection (b)(4), prohibit the debarred person from 
                importing a food or offering a food for import into the 
                United States, and'';
                            (ii) in paragraph (2)(A), by inserting 
                        after clause (iii) the following:
                            ``(iv) The period of debarment of any 
                        person under subsection (b)(4) shall be not 
                        less than 1 year.''; and
                            (iii) in paragraph (3)--
                                    (I) in subparagraph (C)--
                                            (aa) by striking ``suspect 
                                        drugs'' and inserting ``suspect 
                                        drugs or food''; and
                                            (bb) by striking 
                                        ``fraudulently obtained'' and 
                                        inserting ``fraudulently 
                                        obtained or on food wrongfully 
                                        imported into the United 
                                        States''; and
                                    (II) in subparagraph (E), by 
                                inserting ``in the case of a debarment 
                                relating to a drug,'' after ``(E)'';
                    (B) in subsection (d)--
                            (i) in paragraph (3)--
                                    (I) in subparagraph (A)--
                                            (aa) in clause (i), by 
                                        striking ``or (b)(2)(A)'' and 
                                        inserting ``or paragraph (2)(A) 
                                        or (4) of subsection (b)''; and
                                            (bb) in clause (ii)(II), by 
                                        inserting ``in the case of a 
                                        debarment relating to a drug,'' 
                                        after ``(II)''; and
                                    (II) in subparagraph (B)--
                                            (aa) in clause (i), by 
                                        striking ``or clause (i), (ii), 
                                        (iii) or (iv) of subsection 
                                        (b)(2)(B)'' and inserting ``, 
                                        clause (i), (ii), (iii), or 
                                        (iv) of subsection (b)(2)(B), 
                                        or subsection (b)(4)''; and
                                            (bb) in clause (ii), by 
                                        striking ``subsection 
                                        (b)(2)(B)'' and inserting 
                                        ``paragraph (2)(B) or (4) of 
                                        subsection (b)''; and
                            (ii) in paragraph (4)--
                                    (I) in subparagraph (A), by 
                                striking ``(a)(2)'' and inserting 
                                ``(a)(2) or (b)(4)'';
                                    (II) in subparagraph (B)--
                                            (aa) in clause (ii), by 
                                        striking ``involving the 
                                        development or approval of any 
                                        drug subject to section 505'' 
                                        and inserting ``involving, as 
                                        appropriate, the development or 
                                        approval of any drug subject to 
                                        section 505 or the importation 
                                        of any food''; and
                                            (bb) in clause (iv), by 
                                        striking ``drug'' each place it 
                                        appears and inserting ``drug or 
                                        food''; and
                                    (III) in subparagraph (D), in the 
                                matter following clause (ii), by 
                                inserting ``, in the case of a 
                                debarment relating to a drug,'' before 
                                ``protects''; and
                    (C) in subsection (l)(2), in the second sentence, 
                by striking ``(b)(2)(B)'' and inserting ``(b)(2)(B), 
                subsection (b)(4),''.
            (2) Civil penalties.--Paragraphs (6) and (7) of section 
        307(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        335b(a)) are amended by striking ``306'' and inserting ``306 
        (except section 306(b)(4))''.

SEC. 203. INCREASED ENFORCEMENT TO IMPROVE THE SAFETY OF IMPORTED FOOD.

    Subchapter A of chapter VII of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 371 et seq.) is amended by adding at the end the 
following:

``SEC. 712. POSITIONS TO IMPROVE THE SAFETY OF IMPORTED FOOD.

    ``There is authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2000 through 2002 to enable the 
Commissioner, in carrying out chapters IV and VIII, to decrease the 
health risks associated with imported food through the creation of 
additional employment positions for laboratory, inspection, and 
compliance personnel.''.

 TITLE III--IMPROVEMENTS TO PUBLIC HEALTH INFRASTRUCTURE AND AWARENESS

SEC. 301. IMPROVEMENTS.

    Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) 
is amended by adding at the end the following:

          ``PART C--PUBLIC HEALTH INFRASTRUCTURE AND AWARENESS

``SEC. 251. DEFINITIONS.

    ``In this part:
            ``(1) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services, acting through the Director of 
the Centers for Disease Control and Prevention.

``SEC. 252. PUBLIC HEALTH SURVEILLANCE ENHANCEMENT.

    ``(a) In General.--The Secretary may--
            ``(1) make grants to, enter into cooperative agreements 
        with, and provide technical assistance to eligible agencies to 
        enable the agencies to enhance their capacity to carry out 
        activities relating to surveillance and prevention of foodborne 
        pathogen-related disease, particularly pathogen-related disease 
        associated with imported food, as described in subsection 
        (b)(1); and
            ``(2) carry out the activities described in subsection 
        (b)(2).
    ``(b) Use of Assistance.--
            ``(1) Agencies.--An eligible agency that receives 
        assistance under subsection (a) shall use the assistance to 
        enhance the capacity of the agency--
                    ``(A) to identify, investigate, and contain threats 
                of foodborne pathogen-related disease, particularly 
                pathogen-related disease associated with imported food; 
                and
                    ``(B) to conduct additional surveillance and 
                studies to address prevention and control of the 
                disease.
            ``(2) Centers for disease control and prevention.--The 
        Secretary may use not more than 30 percent of the funds 
        appropriated to carry out this section--
                    ``(A) to assist an agency described in paragraph 
                (1) in enhancing the capacity described in paragraph 
                (1) by providing standards, technologies, information, 
                materials, and other resources; and
                    ``(B) to enhance national surveillance systems, 
                including the ability of domestic and international 
                agencies and entities to respond to food safety issues 
                associated with imported food that are identified 
                through such systems.
    ``(c) Eligible Agencies.--To be eligible to receive assistance 
under subsection (a)(1), an agency shall be a State or local health 
department.
    ``(d) Application.--To be eligible to receive assistance under 
subsection (a)(1), an agency shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal years 2000 through 2002.

``SEC. 253. PATHOGEN DETECTION RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary may conduct applied research, 
directly or by grant or contract, to develop new or improved methods 
for detecting and subtyping emerging foodborne pathogens in human 
specimens, food, and relevant environmental samples. The Secretary may 
use funds appropriated to carry out this section to support applied 
research by State health departments or institutions of higher 
education.
    ``(b) Application.--To be eligible to receive a grant or enter into 
a contract under subsection (a), an entity shall submit an application 
to the Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal years 2000 through 2002.

``SEC. 254. TRAINING, EDUCATION, AND PUBLIC INFORMATION.

    ``(a) In General.--The Secretary may--
            ``(1) make grants and enter into contracts with eligible 
        entities, to support training activities and other 
        collaborative activities with the entities to inform health 
        professionals about foodborne disease, including strengthening 
        training networks serving State, local, and private entities; 
        and
            ``(2) increase and improve the activities carried out by 
        the Centers for Disease Control and Prevention to provide 
        information to the public on foodborne disease.
    ``(b) Eligible Entities.--To be eligible to receive a grant or 
enter into a contract under subsection (a), an entity shall be a 
medical school, a nursing school, an entity carrying out clinical 
laboratory training programs, a school of public health, another 
institution of higher education, a professional organization, or an 
international organization.
    ``(c) Application.--To be eligible to receive a grant or enter into 
a contract under subsection (a), an entity shall submit an application 
to the Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(d) Consultation.--In carrying out this section, the Secretary 
shall consult with Federal, State, and local agencies, international 
organizations, and other interested parties.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal years 2000 through 2002.

``SEC. 255. INTERNATIONAL PUBLIC HEALTH TRAINING AND TECHNICAL 
              ASSISTANCE.

    ``(a) In General.--The Secretary shall, directly or by agreement, 
provide training and technical assistance to agencies and entities in 
foreign countries, to strengthen the foodborne disease surveillance and 
investigation capacities of the agencies and entities, including 
establishing or expanding activities or programs such as the Field 
Epidemiology and Training Program of the Centers for Disease Control 
and Prevention.
    ``(b) Application.--To be eligible to enter into an agreement under 
subsection (a), an entity shall submit an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may require.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal years 2000 through 2002.

``SEC. 256. SUPPLIES AND SERVICES IN LIEU OF GRANT FUNDS.

    ``(a) In General.--On the request of a recipient of assistance 
under section 252, 253, 254, or 255, the Secretary may, subject to 
subsection (b), provide supplies, equipment, and services for the 
purpose of aiding the recipient in carrying out the section involved 
and, for such purpose, may detail to the grant recipient any officer or 
employee of the Department of Health and Human Services. Such detail 
shall be without interruption or loss of civil service status or 
privilege.
    ``(b) Corresponding Reduction in Payments.--With respect to a 
request described in subsection (a), the Secretary shall reduce the 
amount of payments under the section involved by an amount equal to the 
cost of detailing the officer or employee and the fair market value of 
the supplies, equipment, or services provided by the Secretary. The 
Secretary shall, for the payment of expenses incurred in complying with 
such a request, expend the amounts withheld.''.
                                 <all>