[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3628 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3628

  To amend the Federal Food, Drug, and Cosmetic Act to facilitate the 
  procurement of safe food by hospitals, nursing homes, schools, and 
                         child care facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2003

Ms. Schakowsky 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 to facilitate the 
  procurement of safe food by hospitals, nursing homes, schools, and 
                         child care facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Food Safety Database Act of 
2003''.

SEC. 2. ESTABLISHMENT OF FOOD SAFETY DATABASE.

    Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
341 et seq.) is amended by adding at the end the following section:

``SEC. 416. SAFE FOOD SUPPLIER DATABASE FOR HOSPITALS, NURSING HOMES, 
              SCHOOLS, AND CHILD CARE FACILITIES.

    ``(a) In General.--
            ``(1) Availability of food safety information.--Through the 
        database under subsection (b), the Secretary, in coordination 
        with the Secretary of Agriculture and the heads of other 
        appropriate agencies, shall in accordance with this section 
        make available to eligible institutions food safety information 
        relating to food procurement by the institutions.
            ``(2) Eligible institutions.--For purposes of this section, 
        the term `eligible institutions' means--
                    ``(A) hospitals, nursing homes, schools, and child 
                care facilities; and
                    ``(B) such additional institutions as the Secretary 
                determines to be appropriate.
    ``(b) Electronic Database.--
            ``(1) Database.--For purposes of subsection (a), the 
        Secretary shall establish and maintain an electronic database 
        containing up-to-date food safety information. The Secretary 
        shall ensure that the database is in operation not later than 
        August 1, 2005.
            ``(2) Food safety information.--
                    ``(A) In general.--Information is food safety 
                information for purposes of this section, and shall be 
                included in the database under paragraph (1), if the 
                information relates to food intended for human 
                consumption that, as determined by the Secretary--
                            ``(i) is adulterated or misbranded; or
                            ``(ii) is at risk of being or becoming 
                        adulterated or misbranded as a result of the 
                        conditions under which the food is 
                        manufactured, processed, packed, transported, 
                        or held.
                    ``(B) Certain information.--Food information 
                required to be included in the database under paragraph 
                (1) includes information relating to enforcement 
                actions; findings by the Secretary regarding the 
                outbreak of food-borne illness; recalls of shipments; 
                findings by the Secretary, made in inspections of 
                facilities, that significant objectionable conditions 
                exist (relating to products or processes); and such 
                other information regarding food safety concerns as the 
                Secretary determines to be appropriate.
                    ``(C) Registration of food facilities.--The second 
                and third sentences of section 415(a)(4) shall not 
                apply with respect to the inclusion of food safety 
                information in the database under paragraph (1).
                    ``(D) Confidentiality.--In including an item of 
                information in the database under paragraph (1), the 
                Secretary shall electronically identify, in a manner 
                evident to users of the database, items that are 
                confidential.
    ``(c) Manner of Using Database.--
            ``(1) Authorization of state officials.--
                    ``(A) In general.--Upon request of a State, the 
                Secretary shall authorize State officials and employees 
                to have access to the database under subsection (b), 
                subject to the State entering into an agreement with 
                the Secretary regarding the use of the database. The 
                Secretary may not provide such authorization for such 
                an official or employee unless the official or employee 
                is recommended by the State to be so authorized and--
                            ``(i) is employed in a State agency that 
                        administers a State law that regulates an 
                        eligible institution; or
                            ``(ii) is employed in the principal State 
                        agency regarding public health.
                    ``(B) State administration.--An agreement under 
                subparagraph (A) shall provide for the following:
                            ``(i) State responsibilities regarding the 
                        database under subsection (b) will be carried 
                        out through State officials and employees 
                        authorized under subparagraph (A).
                            ``(ii) Except as provided in clause (iii), 
                        the State officials or employees who carry out 
                        database responsibilities regarding a type of 
                        eligible institution will be officials or 
                        employees of the State agency referred to in 
                        subparagraph (A)(i) with respect to that type 
                        of eligible institution.
                            ``(iii) The activities of the State 
                        regarding such database will be under the 
                        general supervision of an official of 
the principal State agency regarding public health.
            ``(2) Access of eligible institutions.--An agreement under 
        paragraph (1) shall provide for the following:
                    ``(A) Upon request of an eligible institution in 
                the State, the State will authorize one or more 
                officials of the institution to receive food safety 
                information from the database.
                    ``(B) Once an official of an eligible institution 
                has been so authorized, the State will--
                            ``(i) through the Internet or, if the 
                        eligible institution does not have Internet 
                        access, through other electronic means, provide 
                        to the official information in the database 
                        that relates to food procurement by the 
                        institution, as indicated by the sources from 
                        which the institution obtains food; and
                            ``(ii) in providing the information, 
                        identify any items of information that are 
                        considered confidential under subsection (f).
    ``(d) Interagency Task Force.--An interagency task force shall be 
established for purposes of facilitating coordination among Federal 
agencies pursuant to subsection (a)(1).
    ``(e) Advisory Committee.--
            ``(1) In general.--The Secretary shall establish an 
        advisory committee to make recommendations to the Secretary 
        regarding the administration of this section, including 
        recommendations on the types of information needed by eligible 
        institutions to make informed decisions in purchasing food to 
        avoid the purchase of food that may be adulterated or 
        misbranded. Not later than six months after the date on which 
        the first meeting of the advisory committee occurs, the 
        committee, in consultation with the task force under subsection 
        (d), shall submit to the Secretary a report providing the 
        initial recommendations of the committee regarding the 
        information needed by eligible institutions to make such 
        informed decisions.
            ``(2) Composition.--The membership of the advisory 
        committee under paragraph (1) (referred to in this subsection 
        as the `advisory committee') shall include, at a minimum, 
        representatives of the following:
                    ``(A) Anticipated users of the database, including 
                State public health officials.
                    ``(B) Representatives of persons who manufacture, 
                process, pack, transport, or hold food.
                    ``(C) Representatives of consumer groups.
                    ``(D) Representatives of Federal agencies that have 
                significant responsibilities regarding food safety.
            ``(3) Reimbursement.--Members of the advisory committee may 
        not be compensated for service on the committee. Such members 
        may, in accordance with chapter 57 of title 5, United States 
        Code, be reimbursed for travel, subsistence, and other 
        necessary expenses incurred in carrying out the duties of the 
        committee.
            ``(4) Initial meeting.--The Secretary shall ensure that the 
        first meeting of the advisory committee occurs not later than 
        90 days after the effective date of this section.
    ``(f) Grants.--The Secretary may make grants to States for the 
purpose of assisting the States with the costs of providing food safety 
information to eligible institutions pursuant to agreements under 
subsection (c)(1). The Secretary may authorize a State that receives 
such a grant to use a portion of the grant to assist eligible 
institutions in the State with the costs of obtaining and using food 
safety information pursuant to subsection (c)(2).
    ``(g) Regulations.--
            ``(1) Program criteria.--The Secretary shall by regulation 
        establish criteria for the program under this section, 
        including criteria for the participation of States pursuant to 
        paragraph (1) of subsection (c) and the participation of 
        eligible institutions pursuant to paragraph (2) of such 
        subsection.
            ``(2) Confidentiality.--
                    ``(A) In general.--Regulations under paragraph (1) 
                shall include--
                            ``(i) criteria governing the access of 
                        officials and employees of State agencies and 
                        eligible institutions to confidential 
                        information in the database under subsection 
                        (b); and
                            ``(ii) criteria for the use by such 
                        officials and employees of such information, 
                        including criteria regarding disclosure of the 
                        information.
                    ``(B) Civil penalty.--Any person who, in violation 
                of regulations under subparagraph (A), obtains or uses 
                confidential information from the database under 
                subsection (b) is liable to the United States for a 
                civil penalty in an amount to be determined by the 
                Secretary. Paragraphs (3) through (5) of section 303(g) 
                apply to a civil penalty under the preceding sentence 
                to the same extent and in the same manner as such 
                paragraphs apply to a civil penalty under such section.
    ``(h) Definitions.--For purposes of this section:
            ``(1) The term `child care facility' means any public or 
        nonprofit private organization that provides nonresidential 
        child care, or day care outside school hours for school 
        children.
            ``(2) The term `eligible institution' has the meaning given 
        such term in subsection (a)(2).
            ``(3) The term `food safety information' has the meaning 
        indicated for such term in subsection (b).
            ``(4) The term `hospital' has the meaning given such term 
        in section 1861(e) of the Social Security Act.
            ``(5) The term `nursing home' means a skilled nursing 
        facility as defined in section 1819(a) of the Social Security 
        Act.''.
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