[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3075 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3075

 To amend the Federal Food, Drug, and Cosmetic Act with respect to the 
    safety of food from foreign countries, including detecting the 
                   intentional adulteration of food.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2001

 Mr. Dingell (for himself, Mr. Brown of Ohio, Mr. Waxman, Mr. Markey, 
   Mr. Boucher, Mr. Towns, Mr. Pallone, Mr. Gordon, Mr. Deutsch, Mr. 
  Stupak, Mr. Wynn, Mr. Green of Texas, Ms. McCarthy of Missouri, Mr. 
 Strickland, Mrs. Capps, and Mr. Doyle) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Food, Drug, and Cosmetic Act with respect to the 
    safety of food from foreign countries, including detecting the 
                   intentional adulteration of food.

    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 Act of 2001''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The Food and Drug Administration (FDA) has confirmed 
        that the number of produce-related foodborne illness outbreaks 
        in the United States has increased in recent years.
            (2) Imported food poses a special problem for FDA in its 
        efforts to guarantee the health and safety of the food American 
        consumers eat. While FDA has the ability to inspect and test 
        food produced in the United States at every stage of 
        production, distribution, and sale, FDA may have access to 
        imported food for only a matter of hours at the international 
        border, and it cannot trace back beyond the border the origin 
        of imported food believed to be responsible for outbreaks of 
        foodborne illnesses.
            (3) FDA data demonstrate that the pesticide violation rate 
        for imported food entering the United States is nearly three 
        time as great as for domestically produced food.
            (4) FDA says its resources to deal with imported food 
        safety are limited. The General Accounting Office reported that 
        between 1992 and 1997, the number of imported food entries 
        increased by more than 200 percent, from 1.1 million to 2.7 
        million. At the same time, FDA inspection of imported food has 
        fallen from an estimated 8 percent in fiscal year 1992 to 1.7 
        percent in fiscal year 1997.
            (5) FDA confirms that there is a critical need for rapid, 
        accurate methods to detect, identify, and quantify pathogens. 
        For example, FDA can identify only about half of the 
        approximately 400 pesticides for which the Environmental 
        Protection Agency has established tolerances. In addition, FDA 
        says its method for detecting hepatitis A on shellfish is 
        ineffective for strawberries, and its method for detecting 
        cyclospora on raspberries is also ineffective.
            (6) FDA lacks statutory authority to maintain physical 
        custody of imported foods until the admissibility of the food 
        has been determined, creating a critical need for pathogen 
        detection tests that will produce real-time results while 
        imported food is still before FDA inspectors at the 
        international border.
            (7) The Secretary of Health and Human Services has said 
        that protecting the Nation's food supply from imported food 
        that has been intentionally adulterated is a priority that 
        should be addressed.

SEC. 3. ADDITIONAL AUTHORITIES OF FOOD AND DRUG ADMINISTRATION 
              REGARDING IMPORTED FOOD SAFETY.

    (a) Requirement for Prior Approval of Secretary for Commercial 
Distribution and Related Activities.--Section 801 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 381) is amended--
            (1) by striking ``(b) Pending decision'' and inserting 
        ``(b)(1) Pending decision'', and by redesignating subsection 
        (c) as paragraph (2) of subsection (b); and
            (2) by inserting after subsection (b) the following 
        subsection:
    ``(c)(1) Food entering the United States shall not, without the 
prior approval of the Secretary, be--
            ``(A) transferred from the control of the person who held 
        control when the food entered the United States;
            ``(B) transported within the United States;
            ``(C) commercially distributed within the United States; or
            ``(D) removed from its intact state, with respect to the 
        manner in which the food was packed for transport.
    ``(2) In determining whether to grant approval under paragraph (1), 
the Secretary shall consider the following:
            ``(A) Whether there is a reasonable basis for believing 
        that the food involved may have been intentionally adulterated.
            ``(B) Whether the person or persons preparing, packing, 
        holding, manufacturing, or processing the food cooperate with 
        the Secretary in inspections regarding the food that are 
        conducted by the Secretary (including inspections conducted in 
        foreign countries).
            ``(C) Whether the person or persons have a history of 
        failing to comply with applicable provisions of this Act 
        regarding food.
            ``(D) Whether the food (as a particular type of product) 
        has such a history.
            ``(E) Whether there is such a history with respect to a 
        particular foreign country.
            ``(F) Whether the system of regulating food maintained in 
        the foreign country provides at least the same level of 
        protection as domestic laws that affect the safety of the food 
        supply.
            ``(G) Whether the foreign country permits the Secretary to 
        conduct within the country inspections regarding food.
            ``(H) Such other factors as the Secretary determines to be 
        appropriate.
    ``(3) If under paragraph (2)(A) the Secretary determines that there 
is a reasonable basis for believing that a shipment of food may have 
been intentionally adulterated, the following applies:
            ``(A) The Secretary shall take custody of the shipment.
            ``(B) The Secretary may not subsequently provide approval 
        under paragraph (1) for the shipment unless, on the basis of 
        tests of the shipment, the Secretary determines that the food 
        is not adulterated.
            ``(C) The Secretary shall require for purposes of 
        subparagraph (A) that proof be presented that the shipment has 
        been tested for the presence of microbial pathogens and 
        pesticide chemicals or related residues, and for such other 
        pathogens or substances as the Secretary determines to be 
        appropriate.
            ``(D) If the Secretary determines that the food is 
        adulterated, the Secretary shall cause the destruction of the 
        food not later than 30 days thereafter.
    ``(4)(A) If the system of regulating food maintained in a foreign 
country does not provide at least the same level of protection as 
domestic laws that affect the safety of the food supply, or if the 
foreign country does not permit the Secretary to conduct within the 
country inspections regarding food, the Secretary shall deny approval 
under paragraph (1) for all food prepared, packed, held, manufactured, 
or processed in the foreign country, except as provided in subparagraph 
(B).
    ``(B) In the case of a foreign country with respect to which 
approval under paragraph (1) has been denied under subparagraph (A), a 
shipment of food prepared, packed, held, manufactured, or processed in 
the foreign country may be granted approval under such paragraph if the 
Secretary receives proof satisfactory to the Secretary that food in the 
shipment is not adulterated. The Secretary shall require for purposes 
of the preceding sentence that proof be presented that the shipment has 
been tested for the presence of microbial pathogens and pesticide 
chemicals or related residues, and for such other pathogens or 
substances as the Secretary determines to be appropriate.
    ``(C) If the Secretary of State determines that the government of a 
foreign country has supported or otherwise aided or abetted one or more 
acts of international terrorism, such country shall be considered to be 
a foreign country to which subparagraph (A) applies. Subparagraph (B) 
does not apply with respect such a foreign country.
    ``(5)(A) If the Secretary determines that a person has 
intentionally adulterated food that is imported or offered for import 
into the United States, or has aided or abetted the intentional 
adulteration of food that is so imported or offered, or has prepared, 
packed, held, manufactured, or processed the food knowing that the food 
has been intentionally adulterated and is intended to be so imported or 
offered, then the Secretary shall by order provide that, thereafter, 
any food prepared, packed, held, manufactured, or processed by such 
person may not be imported into the United States. Such an order may be 
modified or terminated, as determined appropriate by the Secretary.
    ``(B) If the Secretary determines that food imported or offered for 
import into the United States has been intentionally adulterated, but 
that a person who prepared, packed, held, manufactured, or processed 
such food did not know of the adulteration, the Secretary may by order 
provide that, for a period not exceeding 180 days, food prepared, 
packed, held, manufactured, or processed by such person may not be 
imported into the United States. Such an order may be modified or 
terminated, as determined appropriate by the Secretary.
    ``(6) The Secretary shall by regulation provide for the marking of 
any shipment of food that has been denied approval under paragraph (1) 
in a manner making it readily apparent that the food has been refused 
admission into the United States.
    ``(7) The Secretary may limit the ports of entry into the United 
States through which food, or particular foods or food products, or 
food from particular points of origin or with particular chains of 
distribution, is authorized to be imported or offered for import if the 
Secretary determines that such action is necessary for the Secretary to 
carry out this subsection effectively.''.
    (b) Criminal Penalties.--
            (1) Acting without approval of secretary.--Section 301 of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is 
        amended by adding at the end the following:
    ``(bb)(1) In the case of food, the carrying out of any act in 
violation of section 801(c)(1).''.
            (2) Failure to dispose of foods denied entry.--Section 
        301(bb) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        331(bb)), as added by paragraph (1), is amended by adding at 
        the end the following:
    ``(2) The failure to comply with an order under section 801 
regarding the disposition of food that for purposes of such section has 
been refused admission or denied the approval of the Secretary.''.
            (3) Failure to provide country-of-origin labeling for 
        certain 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 it is a food intended for human consumption, it is grown, 
prepared, packed, manufactured, or processed in a foreign country, and 
it fails, at the time the food is offered for retail sale, to bear or 
be accompanied by labeling that identifies the country or countries in 
which the food was grown, prepared, packed, manufactured, or processed, 
except that this paragraph does not apply to food offered for retail 
sale by restaurants or other eating establishments.''.
    (c) Conforming Amendment.--Section 801 of the Federal Food, Drug, 
and Cosmetic Act, as amended by subsection (a), is amended in 
subsection (b)(2) by striking ``subsection (b)'' and inserting 
``paragraph (1)''.

SEC. 4. SIGNIFICANT INCREASES IN FREQUENCY OF INSPECTIONS OF IMPORTED 
              FOOD SAFETY; MAINTAINING PUBLIC CONFIDENCE; REPORTS TO 
              CONGRESS.

    Section 801 of the Federal Food, Drug, and Cosmetic Act, as amended 
by section 3(a), is amended in subsection (c) by adding at the end the 
following paragraphs:
    ``(8)(A) The Secretary shall give high priority to increasing 
significantly, relative to fiscal year 2001, the number of inspections 
under this section, including the testing of imported food for 
pesticide and microbial contamination, that are conducted with respect 
to food at ports of entry into the United States, with the greatest 
priority given to inspections to detect the intentional adulteration of 
food.
    ``(B) In carrying out subparagraph (A), the Secretary shall provide 
for such numbers and types of food inspections at ports of entry into 
the United States as will, in the determination of the Secretary, be 
sufficient for the public to have confidence that food imported into 
the United States has not been intentionally adulterated. For purposes 
of the preceding sentence, the Secretary shall provide for the testing 
of samples of food from shipments in order to determine whether there 
is a high level of statistical confidence that the shipments have not 
been intentionally adulterated.
    ``(9)(A) The Secretary shall submit to the Congress periodic 
reports describing the activities of the Secretary under this section 
with respect to the safety of food.
    ``(B) Each report under subparagraph (A) shall, for each port of 
entry into the United States, specify the number of inspections and 
tests that were conducted under this section with respect to food 
during the preceding fiscal year, and the extent to which such number 
is an increase over the number of such inspections specified for such 
port in the preceding report under subparagraph (A).
    ``(C) Each report under subparagraph (A) shall state the 
statistical methodologies used by the Secretary in sampling food for 
purposes of inspections under this section, including the testing of 
imported food for pesticide and microbial contamination, and the levels 
of confidence associated with the methodologies.
    ``(D) The first report under subparagraph (A) shall be submitted 
not later than December 1, 2002, and subsequent reports shall be 
submitted annually thereafter.''.

SEC. 5. RESEARCH ON TESTING TECHNIQUES FOR USE IN INSPECTIONS OF 
              IMPORTED FOOD SAFETY; PRIORITY REGARDING DETECTION OF 
              INTENTIONAL ADULTERATION.

    Section 801 of the Federal Food, Drug, and Cosmetic Act, as amended 
by section 4, is amended in subsection (c) by adding at the end the 
following paragraph:
    ``(10)(A) The Secretary shall (directly or through grants or 
contracts) provide for research on the development of tests and 
sampling methodologies, for use in inspections of food under this 
section--
            ``(i) whose purpose is to determine whether food is 
        adulterated by reason of being contaminated with microorganisms 
        or pesticide chemicals or related residues; and
            ``(ii) whose results are available not later than 
        approximately 60 minutes after the administration of the tests.
    ``(B) In providing for research under subparagraph (A), the 
Secretary shall give priority to conducting research on the development 
of tests that are suitable for inspections of food at ports of entry 
into the United States, with the greatest priority given to the 
development of such tests that the Secretary determines would be useful 
in detecting the intentional adulteration of food.
    ``(C)(i) In providing for research under subparagraph (A), the 
Secretary shall under subparagraph (B) give priority to conducting 
research on the development of tests for detecting the presence in food 
of the pathogens E. coli, salmonella, cyclospora, cryptosporidium, 
hepatitis A, or listeria, the presence in or on food of pesticide 
chemicals and related residues, and the presence in or on food of such 
other pathogens or substances as the Secretary determines to be 
appropriate, including any pathogen or substance that the Secretary 
determines is a candidate for use to intentionally adulterate food. The 
Secretary shall establish the goal of developing, by the expiration of 
the three-year period beginning on the date of the enactment of the 
Imported Food Safety Act of 2001, tests under subparagraph (A) for each 
of the pathogens and substances receiving priority under the preceding 
sentence.
    ``(ii) The Secretary shall submit to the Congress periodic reports 
describing the progress that has been made toward the goal referred to 
in clause (i) and describing plans for future research toward the goal. 
Each of the reports shall provide an estimate by the Secretary of the 
amount of funds needed to meet such goal, and shall provide a 
determination by the Secretary of whether there is a need for further 
research under this paragraph. The first such report shall be submitted 
not later than March 1, 2002, and subsequent reports shall be submitted 
semiannually after the submission of the first report until the goal is 
met.
    ``(D) The Secretary shall carry out the program of research under 
subparagraph (A) in consultation with the Director of the Centers for 
Disease Control and Prevention, the Director of the National Institutes 
of Health, and the Administrator of the Environmental Protection 
Agency. The Secretary shall with respect to such research coordinate 
the activities of the Department of Health and Human Services. The 
Secretary shall in addition consult with the Secretary of Agriculture 
(acting through the Food Safety Inspection Service of the Department of 
Agriculture) in carrying out the program.
    ``(E) Of the amounts reserved under section 801B(a)(2)(B)(ii) for a 
fiscal year for carrying out the program of research under subparagraph 
(A), the Secretary shall make available not less than 50 percent for 
making awards of grants or contracts to private entities to conduct 
such research.''.

SEC. 6. RECALL AUTHORITY REGARDING IMPORTED FOOD.

    Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
381 et seq.) is amended by inserting after section 801 the following 
section:

               ``recall authority regarding imported food

    ``Sec. 801A. (a) In General.--If the Secretary determines that 
there is a reasonable basis for believing that food imported into the 
United States has been intentionally adulterated, the following 
applies:
            ``(1) The Secretary shall issue an order requiring the 
        appropriate persons (including importers, distributors, or 
        retailers) to immediately cease distribution of the food.
            ``(2) In the case of a food to which an order under 
        subparagraph (A) applies, the provisions of paragraphs (1) and 
        (2)(A) of section 518(e) regarding an informal hearing, and 
        amending an order of the Secretary to require a recall, apply 
        with respect to the food to the same extent and in the same 
        manner as such provisions apply with respect to devices.
    ``(b) Infant Formula.--With respect to the recall of infant 
formula, section 412(e) applies in lieu of subsection (a) of this 
section.''.

SEC. 7. USER FEES REGARDING INSPECTIONS OF IMPORTED FOOD SAFETY.

    Chapter VIII of the Federal Food, Drug, and Cosmetic Act, as 
amended by section 6 of this Act, is amended by inserting after section 
801A the following section:

                   ``user fees regarding food safety

    ``Sec. 801B. (a) In General.--
            ``(1) Assessment.--Beginning in fiscal year 2002, the 
        Secretary shall in accordance with this section assess and 
        collect fees on food imported into the United States.
            ``(2) Purpose of fees.--
                    ``(A) In general.--The purpose of fees under 
                paragraph (1) is to defray increases in the costs of 
                the resources allocated for carrying out section 801 
                with respect to food over the costs of carrying out 
                such section with respect to food in fiscal year 2001 
                multiplied by the adjustment factor. Increases referred 
                to in the preceding sentence include increases in 
such costs for an additional number of full-time equivalent positions 
in the Department of Health and Human Services to be engaged in 
carrying out such section.
                    ``(B) Allocations by secretary.--Of the total fee 
                revenues collected under paragraph (1) for a fiscal 
                year, the Secretary shall reserve and expend amounts in 
                accordance with the following:
                            ``(i) The Secretary shall reserve not less 
                        than 50 percent for carrying out section 801 
                        with respect to food, other than research under 
                        subsection (c)(10) of such section. In 
                        expending the amount so reserved, the Secretary 
                        shall give priority to inspections conducted at 
                        ports of entry into the United States, with the 
                        greatest priority given to inspections to 
                        detect the intentional adulteration of food.
                            ``(ii) The Secretary shall reserve not more 
                        than 50 percent for carrying out research under 
                        section 801(c)(10).
            ``(3) Amount of fee; collection.--A fee under paragraph (1) 
        shall be assessed on each line item of food, as defined by the 
        Secretary by regulation. The amount of the fee shall be based 
        on the number of line items, and may not exceed $20 per line 
        item, notwithstanding subsection (b). The liability for the fee 
        constitutes a personal debt due to the United States, and such 
        liability accrues on the date on which the Secretary approves 
        the food under section 801(c)(1). The Secretary may coordinate 
        with and seek the cooperation of other agencies of the Federal 
        Government regarding the collection of such fees.
    ``(b) Total Fee Revenues.--The total fee revenues collected under 
subsection (a) for a fiscal year shall be the amount appropriated under 
subsection (f)(3).
    ``(c) Adjustments.--
            ``(1) Inflation adjustment.--With respect to the amount of 
        total fee revenues referred to in subsection (b), the amount 
        authorized in subsection (f)(3) for a fiscal year shall be 
        adjusted by the Secretary (and as adjusted shall be published 
        in the Federal Register) to reflect the greater of--
                    ``(A) the total percentage change that occurred 
                during the preceding fiscal year in the Consumer Price 
                Index for all urban consumers (all items; U.S. city 
                average); or
                    ``(B) the total percentage change for such fiscal 
                year in basic pay under the General Schedule in 
                accordance with section 5332 of title 5, United States 
                Code, as adjusted by any locality-based comparability 
                payment pursuant to section 5304 of such title for 
                Federal employees stationed in the District of 
                Columbia.
            ``(2) Annual fee adjustment.--Not later than 60 days after 
        the end of each fiscal year beginning after fiscal year 2002, 
        the Secretary, subject to not exceeding the maximum fee amount 
        specified in subsection (a)(3), shall adjust the amounts that 
        otherwise would under subsection (a) be assessed as fees during 
        the fiscal year in which the adjustment occurs so that the 
        total revenues collected in such fees for such fiscal year 
        equal the amount applicable pursuant to subsection (b) for the 
        fiscal year.
    ``(d) Fee Waiver or Reduction.--The Secretary shall grant a waiver 
from or a reduction of a fee assessed under subsection (a) where the 
Secretary finds that the fee to be paid will exceed the anticipated 
present and future costs incurred by the Secretary in carrying out 
section 801 with respect to food (which finding may be made by the 
Secretary using standard costs).
    ``(e) Assessment of Fees.--
            ``(1) Limitation.--Fees may not be assessed under 
        subsection (a) for a fiscal year beginning after fiscal year 
        2002 unless the amount appropriated for salaries and expenses 
        of the Food and Drug Administration for such fiscal year is 
        equal to or greater than the amount appropriated for salaries 
        and expenses of the Food and Drug Administration for fiscal 
        year 2002 multiplied by the adjustment factor applicable to the 
        fiscal year involved, except that in making determinations 
        under this paragraph for the fiscal years involved there shall 
        be excluded--
                    ``(A) the amounts appropriated under subsection 
                (f)(3) for the fiscal years involved; and
                    ``(B) the amounts appropriated under section 736(g) 
                for such fiscal years.
            ``(2) Authority.--If the Secretary does not assess fees 
        under subsection (a) during any portion of a fiscal year 
        because of paragraph (1) and if at a later date in such fiscal 
        year the Secretary may assess such fees, the Secretary may 
        assess and collect such fees, without any modification in the 
        rate of the fees, at any time in such fiscal year 
        notwithstanding the provisions of subsection (a)(3) relating to 
        the time at which fees are to be paid.
    ``(f) Crediting and Availability of Fees.--
            ``(1) In general.--Fees collected for a fiscal year 
        pursuant to subsection (a) shall be credited to the 
        appropriation account for salaries and expenses of the Food and 
        Drug Administration and shall be available in accordance with 
        appropriation Acts until expended without fiscal year 
        limitation. Such sums as may be necessary may be transferred 
        from the Food and Drug Administration salaries and expenses 
        appropriation account without fiscal year limitation to such 
        appropriation account for salaries and expenses with such 
        fiscal year limitation. The sums transferred shall be available 
        solely for carrying out section 801 with respect to food, and 
        the sums are subject to allocations under subsection (a)(2)(B).
            ``(2) Collections and appropriation acts.--The fees 
        authorized in subsection (a)--
                    ``(A) shall be collected in each fiscal year in 
                accordance with subsections (a)(3) and (b); and
                    ``(B) shall only be collected and available for the 
                purpose specified in subsection (a)(2).
            ``(3) Authorization of appropriations; allocations by 
        secretary.--Subject to paragraph (4) and subsection (c)(1), 
        there is authorized to be appropriated for fees under this 
        section $56,000,000 for each of the fiscal years 2002 through 
        2006.
            ``(4) Offset.--Any amount of fees collected for a fiscal 
        year under subsection (a) that exceeds the amount of fees 
        specified in appropriation Acts for such fiscal year shall be 
        credited to the appropriation account of the Food and Drug 
        Administration as provided in paragraph (1), and shall be 
        subtracted from the amount of fees that would otherwise be 
        authorized to be collected under this section pursuant to 
        appropriation Acts for a subsequent fiscal year.
    ``(g) Collection of Unpaid Fees.--In any case where the Secretary 
does not receive payment of a fee assessed under subsection (a) within 
30 days after it is due, such fee shall be treated as a claim of the 
United States Government subject to subchapter II of chapter 37 of 
title 31, United States Code.
    ``(h) Construction.--This section may not be construed as requiring 
that the number of full-time equivalent positions in the Department of 
Health and Human Services, for officers, employees, and advisory 
committees not engaged in carrying out section 801 with respect to food 
be reduced to offset the number of officers, employees, and advisory 
committees so engaged.
    ``(i) Definition of Adjustment Factor.--For purposes of this 
section, the term `adjustment factor' applicable to a fiscal year is 
the lower of--
            ``(1) the Consumer Price Index for all urban consumers (all 
        items; United States city average) for April of the preceding 
        fiscal year divided by such Index for April 2001; or
            ``(2) the total of discretionary budget authority provided 
        for programs in categories other than the defense category for 
        the immediately preceding fiscal year (as reported in the 
        Office of Management and Budget sequestration preview report, 
        if available, required under section 254(c) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985) divided by 
        such budget authority for fiscal year 2001 (as reported in the 
        Office of Management and Budget final sequestration report 
        submitted after the end of the 106th Congress, 2d Session).
The terms `budget authority' and `category' in subparagraph (B) are as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985.''.

SEC. 8. ADDITIONAL FUNDING REGARDING DETECTION OF INTENTIONAL 
              ADULTERATION OF IMPORTED FOOD.

    Chapter VIII of the Federal Food, Drug, and Cosmetic Act, as 
amended by section 7 of this Act, is amended by inserting after section 
801B the following:

``additional funding for detecting intentional adulteration of imported 
                                  food

    ``Sec. 801C. (a) Additional Authorization of Appropriations.--For 
the purpose of carrying out the responsibilities of the Secretary under 
sections 801 and 801A with respect to detecting the intentional 
adulteration of food imported or offered for import into the United 
States, including implementation of the plan developed by the Secretary 
under subsection (b) of this section, there are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2002 through 2006. Such authorization is in addition to other 
authorizations of appropriations that are available for such purpose.
    ``(b) Emergency Implementation Plan; Maintaining Public Confidence 
Regarding Food Safety.--
            ``(1) In general.--Not later than 30 days after the date of 
        the enactment of the Imported Food Safety Act of 2001, the 
        Secretary shall submit to the Congress a plan for carrying out 
        the responsibilities of the Secretary that are described in 
        subsection (a).
            ``(2) Public confidence.--The plan under paragraph (1) 
        shall provide for such numbers and types of food inspections at 
        ports of entry into the United States as will in the 
        determination of the Secretary be sufficient for the public to 
        have confidence that food imported into the United States has 
        not been intentionally adulterated. For purposes of the 
        preceding sentence, the plan shall provide for the testing of 
        samples of food in order to determine whether there is a high 
        level of statistical confidence that the food is not 
        intentionally adulterated.
            ``(3) Effective date.--With respect to the availability of 
        appropriations under subsection (a) to implement the plan 
        submitted to the Congress under paragraph (1), such plan takes 
        effect upon the expiration of the 30-day period beginning on 
        the date on which the plan is so submitted.''.
                                 <all>