[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2245 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2245

 To establish a commission to ensure food safety in the United States, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2007

  Mr. Durbin introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a commission to ensure food safety in the United States, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Safety Authority Modernization 
Act''.

SEC. 2. CONGRESSIONAL BIPARTISAN FOOD SAFETY COMMISSION.

    (a) Commission.--
            (1) Establishment.--
                    (A) In general.--There is established a commission 
                to be known as the ``Congressional Bipartisan Food 
                Safety Commission'' (referred to in this Act as the 
                ``Commission'').
                    (B) Purpose.--The purpose of the Commission shall 
                be to act in a bipartisan, consensus-driven fashion--
                            (i) to review the food safety system of the 
                        United States;
                            (ii) to prepare a report that--
                                    (I) summarizes information about 
                                the food safety system as in effect as 
                                of the date of enactment of this Act; 
                                and
                                    (II) makes recommendations on 
                                ways--
                                            (aa) to modernize the food 
                                        safety system of the United 
                                        States;
                                            (bb) to harmonize and 
                                        update food safety statutes;
                                            (cc) to improve Federal, 
                                        State, local, and interagency 
                                        coordination of food safety 
                                        personnel, activities, budgets, 
                                        and leadership;
                                            (dd) to best allocate 
                                        scarce resources according to 
                                        risk;
                                            (ee) to ensure that 
                                        regulations, directives, 
                                        guidance, and other standards 
                                        and requirements are based on 
                                        best-available science and 
                                        technology;
                                            (ff) to emphasize 
                                        preventative rather than 
                                        reactive strategies; and
                                            (gg) to provide to Federal 
                                        agencies funding mechanisms 
                                        necessary to effectively carry 
                                        out food safety 
                                        responsibilities; and
                            (iii) to draft specific statutory language, 
                        including detailed summaries of the language 
                        and budget recommendations, that would 
                        implement the recommendations of the 
                        Commission.
            (2) Membership.--
                    (A) Composition.--The Commission shall be composed 
                of 19 members.
                    (B) Eligibility.--Members of the Commission shall--
                            (i) have specialized training, education, 
                        or significant experience in at least 1 of the 
                        areas of--
                                    (I) food safety research;
                                    (II) food safety law and policy; 
                                and
                                    (III) program design and 
                                implementation;
                            (ii) consist of--
                                    (I) the Secretary of Agriculture 
                                (or a designee);
                                    (II) the Secretary of Health and 
                                Human Services (or a designee);
                                    (III) 1 Member of the House of 
                                Representatives; and
                                    (IV) 1 Member of the Senate; and
                                    (V) 15 additional members that 
                                include, to the maximum extent 
                                practicable, representatives of--
                                            (aa) consumer 
                                        organizations;
                                            (bb) agricultural and 
                                        livestock production;
                                            (cc) public health 
                                        professionals;
                                            (dd) State regulators;
                                            (ee) Federal employees; and
                                            (ff) the livestock and food 
                                        manufacturing and processing 
                                        industry.
                    (C) Appointments.--
                            (i) In general.--The appointment of the 
                        members of the Commission shall be made not 
                        later than 60 days after the date of enactment 
                        of this Act.
                            (ii) Certain appointments.--Of the members 
                        of the Commission described in subparagraph 
                        (B)(ii)(V)--
                                    (I) 2 shall be appointed by the 
                                President;
                                    (II) 7 shall be appointed by a 
                                working group consisting of--
                                            (aa) the Chairman of each 
                                        of the Committee on 
                                        Agriculture, Nutrition, and 
                                        Forestry and the Committee on 
                                        Health, Education, Labor, and 
                                        Pensions of the Senate;
                                            (bb) the Chairman of each 
                                        of the Committee on Agriculture 
                                        and the Committee on Energy and 
                                        Commerce of the House of 
                                        Representatives;
                                            (cc) the Speaker of the 
                                        House of Representatives; and
                                            (dd) the majority leader of 
                                        the Senate; and
                                    (III) 6 shall be appointed by a 
                                working group consisting of--
                                            (aa) the Ranking Member of 
                                        each of the Committees 
                                        described in items (aa) and 
                                        (bb) of subclause (II);
                                            (bb) the minority leader of 
                                        the House of Representatives; 
                                        and
                                            (cc) the minority leader of 
                                        the Senate.
                    (D) Term.--A member of the Commission shall be 
                appointed for the life of the Commission.
                    (E) Vacancies.--A vacancy on the Commission--
                            (i) shall not affect the powers of the 
                        Commission; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
            (3) Meetings.--
                    (A) Initial meeting.--Except as provided in 
                subparagraph (B), the initial meeting of the Commission 
                shall be conducted in Washington, District of Columbia, 
                not later than 30 days after the date of appointment of 
                the final member of the Commission under paragraph 
                (2)(C).
                    (B) Meeting for partial appointment.--If, as of the 
                date that is 90 days after the date of enactment of 
                this Act, all members of the Commission have not been 
                appointed under paragraph (2)(C), but at least 8 
                members have been appointed, the Commission may hold 
                the initial meeting of the Commission.
                    (C) Other meetings.--The Commission shall--
                            (i) hold a series of at least 5 stakeholder 
                        meetings to solicit public comment, including--
                                    (I) at least 1 stakeholder meeting, 
                                to be held in Washington, District of 
                                Columbia; and
                                    (II) at least 4 stakeholder 
                                meetings, to be held in various regions 
                                of the United States; and
                            (ii) meet at the call of--
                                    (I) the Chairperson;
                                    (II) the Vice-Chairperson; or
                                    (III) a majority of the members of 
                                the Commission.
                    (D) Public participation; information.--To the 
                maximum extent practicable--
                            (i) each meeting of the Commission shall be 
                        open to the public; and
                            (ii) all information from a meeting of the 
                        Commission shall be recorded and made available 
                        to the public.
                    (E) Quorum.--With respect to meetings of the 
                Commission--
                            (i) a majority of the members of the 
                        Commission shall constitute a quorum for the 
                        conduct of business of the Commission; but
                            (ii) for the purpose of a stakeholder 
                        meeting described in subparagraph (C)(i), 4 or 
                        more members of the Commission shall constitute 
                        a quorum.
                    (F) Facilitator.--The Commission shall contract 
                with a nonpolitical, disinterested third-party entity 
                to serve as a meeting facilitator.
            (4) Chairperson and vice-chairperson.--At the initial 
        meeting of the Commission, the members of the Commission shall 
        select from among the members a Chairperson and Vice-
        Chairperson of the Commission.
    (b) Duties.--
            (1) Recommendations.--The Commission shall review and 
        consider the statutes, studies, and reports described in 
        paragraph (2) for the purpose of understanding the food safety 
        system of the United States in existence as of the date of 
        enactment of this Act.
            (2) Statutes, studies, and reports.--The statutes, studies, 
        and reports referred to in paragraph (1) are--
                    (A) with respect to laws administered by the 
                Secretary of Agriculture--
                            (i) the Federal Seed Act (7 U.S.C. 1551 et 
                        seq.);
                            (ii) the Agricultural Marketing Act of 1946 
                        (7 U.S.C. 1621 et seq.);
                            (iii) the Animal Health Protection Act (7 
                        U.S.C. 8301 et seq.);
                            (iv) the Lacey Act Amendments of 1981 (16 
                        U.S.C. 3371 et seq.);
                            (v) the Poultry Products Inspection Act (21 
                        U.S.C. 451 et seq.);
                            (vi) the Federal Meat Inspection Act (21 
                        U.S.C. 601 et seq.); and
                            (vii) the Egg Products Inspection Act (21 
                        U.S.C. 1031 et seq.);
                    (B) with respect to laws administered by the 
                Secretary of the Treasury, the Federal Alcohol 
                Administration Act (27 U.S.C. 201 et seq.);
                    (C) with respect to laws administered by the 
                Federal Trade Commission, the Act of September 26, 1914 
                (15 U.S.C. 41 et seq.);
                    (D) with respect to laws administered by the 
                Secretary of Health and Human Services--
                            (i) chapters I through IV of the Federal 
                        Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
                        seq.);
                            (ii) the Public Health Service Act (42 
                        U.S.C. 201 et seq.);
                            (iii) the Import Milk Act (21 U.S.C. 141 et 
                        seq.);
                            (iv) the Food Additives Amendment of 1958 
                        (Public Law 85-929; 52 Stat. 1041);
                            (v) the Fair Packaging and Labeling Act 
                        (Public Law 89-755; 80 Stat. 1296);
                            (vi) the Infant Formula Act of 1980 (21 
                        U.S.C. 301 note; Public Law 96-359);
                            (vii) the Pesticide Monitoring Improvements 
                        Act of 1988 (Public Law 100-418; 102 Stat. 
                        1411);
                            (viii) the Nutrition Labeling and Education 
                        Act of 1990 (21 U.S.C. 301 note; Public Law 
                        101-535);
                            (ix) the Food and Drug Administration 
                        Modernization Act of 1997 (21 U.S.C. 301 note; 
                        Public Law 105-115); and
                            (x) the Public Health Security and 
                        Bioterrorism Preparedness and Response Act of 
                        2002 (21 U.S.C. 201 note; Public Law 107-188);
                    (E) with respect to laws administered by the 
                Attorney General, the Federal Anti-Tampering Act (18 
                U.S.C. 1365 note; Public Law 98-127);
                    (F) with respect to laws administered by the 
                Administrator of the Environmental Protection Agency--
                            (i) the Federal Insecticide, Fungicide, and 
                        Rodenticide Act (7 U.S.C. 136 et seq.);
                            (ii) the Food Quality Protection Act of 
                        1996 (7 U.S.C. 136 note; Public Law 104-170);
                            (iii) the Toxic Substances Control Act (15 
                        U.S.C. 2601 et seq.); and
                            (iv) the Safe Drinking Water Act of 1974 
                        (42 U.S.C. 201 note; Public Law 93-523); and
                    (G) with respect to laws administered by the 
                Secretary of Transportation, chapter 57 of subtitle II 
                of title 49, United States Code (relating to sanitary 
                food transportation); and
                    (H) with respect to Government studies on food 
                safety--
                            (i) the report of the National Academies of 
                        Science entitled ``Ensuring Safe Food from 
                        Production to Consumption'' and dated 1998;
                            (ii) the report of the National Academies 
                        of Science entitled ``Scientific Criteria to 
                        Ensure Safe Food'' and dated 2003;
                            (iii) reports of the Office of the 
                        Inspector General of the Department of 
                        Agriculture, including--
                                    (I) report 24601-0008-CH, entitled 
                                ``Egg Products Processing Inspection'' 
                                and dated September 18, 2007;
                                    (II) report 24005-1-AT, entitled 
                                ``Food Safety and Inspection Service--
                                State Meat and Poultry Inspection 
                                Programs'' and dated September 27, 
                                2006;
                                    (III) report 24601-06-CH, entitled 
                                ``Food Safety and Inspection Service's 
                                In-Plant Performance System'' and dated 
                                March 28, 2006;
                                    (IV) report 24601-05-AT, entitled 
                                ``Hazard Analysis and Critical Control 
                                Point Implementation at Very Small 
                                Plants'' and dated June 24, 2005;
                                    (V) report 24601-04-HY, entitled 
                                ``Food Safety and Inspection Service 
                                Oversight of the 2004 Recall by Quaker 
                                Maid Meats, Inc.'' and dated May 18, 
                                2005;
                                    (VI) report 24501-01-FM, entitled 
                                ``Food Safety and Inspection Service 
                                Application Controls--Performance Based 
                                Inspection System'' and dated November 
                                24, 2004;
                                    (VII) report 24601-03-CH, entitled 
                                ``Food Safety and Inspection Service 
                                Use of Food Safety Information'' and 
                                dated September 30, 2004;
                                    (VIII) report 24601-03-HY, entitled 
                                ``Food Safety and Inspection Service 
                                Effectiveness Checks for the 2002 
                                Pilgrim's Pride Recall'' and dated June 
                                29, 2004;
                                    (IX) report 24601-02-HY, entitled 
                                ``Food Safety and Inspection Service 
                                Oversight of the Listeria Outbreak in 
                                the Northeastern United States'' and 
                                dated June 9, 2004;
                                    (X) report 24099-05-HY, entitled 
                                ``Food Safety and Inspection Service 
                                Imported Meat and Poultry Equivalence 
                                Determinations Phase III'' and dated 
                                December 29, 2003;
                                    (XI) report 24601-2-KC, entitled 
                                ``Food Safety and Inspection Service--
                                Oversight of Production Process and 
                                Recall at Conagra Plant (Establishment 
                                969)'' and dated September 30, 2003;
                                    (XII) report 24601-1-Ch, entitled 
                                ``Laboratory Testing Of Meat And 
                                Poultry Products'' and dated June 21, 
                                2000;
                                    (XIII) report 24001-3-At, 24601-1-
                                Ch, 24099-3-Hy, 24601-4-At, entitled 
                                ``Food Safety and Inspection Service: 
                                HACCP Implementation, Pathogen Testing 
                                Program, Foreign Country Equivalency, 
                                Compliance Activities'' and dated June 
                                21, 2000; and
                                    (XIV) report 24001-3-At, entitled 
                                ``Implementation of the Hazard Analysis 
                                and Critical Control Point System'' and 
                                dated June 21, 2000; and
                    (I) with respect to reports prepared by the 
                Government Accountability Office, the reports 
                designated--
                            (i) GAO-05-212;
                            (ii) GAO-02-47T;
                            (iii) GAO/T-RCED-94-223;
                            (iv) GAO/RCED-99-80;
                            (v) GAO/T-RCED-98-191;
                            (vi) GAO/RCED-98-103;
                            (vii) GAO-07-785T;
                            (viii) GAO-05-51;
                            (ix) GAO/T-RCED-94-311;
                            (x) GAO/RCED-92-152;
                            (xi) GAO/T-RCED-99-232;
                            (xii) GAO/T-RCED-98-271;
                            (xiii) GAO-07-449T;
                            (xiv) GAO-05-213;
                            (xv) GAO-04-588T;
                            (xvi) GAO/RCED-00-255;
                            (xvii) GAO/RCED-00-195; and
                            (xviii) GAO/T-RCED-9-256.
            (3) Report.--Not later than 360 days after the date on 
        which the Commission first meets, the Commission shall submit 
        to the President and Congress a report that includes the report 
        and summaries, statutory language recommendations, and budget 
        recommendations described in clauses (ii) and (iii) of 
        subsection (a)(1)(B).
    (c) Powers of the Commission.--
            (1) Hearings.--The Commission or, at the direction of the 
        Commission, any member of the Commission, may, for the purpose 
        of carrying out this section--
                    (A) hold such hearings, meet and act at such times 
                and places, take such testimony, receive such evidence, 
                and administer such oaths; and
                    (B) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses and the 
                production of such books, records, correspondence, 
                memoranda, papers, documents, tapes, and materials;
        as the Commission or member considers advisable.
            (2) Issuance and enforcement of subpoenas.--
                    (A) Issuance.--A subpoena issued under paragraph 
                (1)(B) shall--
                            (i) bear the signature of the Chairperson 
                        of the Commission; and
                            (ii) be served by any person or class of 
                        persons designated by the Chairperson for that 
                        purpose.
                    (B) Enforcement.--In the case of contumacy or 
                failure to obey a subpoena issued under paragraph 
                (1)(B), the United States district court for the 
                district in which the subpoenaed person resides, is 
                served, or may be found, may issue an order requiring 
                the person to appear at any designated place to testify 
                or to produce documentary or other evidence.
                    (C) Noncompliance.--Any failure to obey the order 
                of the court may be punished by the court as a contempt 
                of court.
                    (D) Witness allowances and fees.--
                            (i) In general.--Section 1821 of title 28, 
                        United States Code, shall apply to a witness 
                        requested or subpoenaed to appear at a hearing 
                        of the Commission.
                            (ii) Expenses.--The per diem and mileage 
                        allowances for a witness shall be paid from 
                        funds available to pay the expenses of the 
                        Commission.
            (3) Information from federal agencies.--
                    (A) In general.--The Commission may secure 
                directly, from any Federal agency, such information as 
                the Commission considers necessary to carry out this 
                section.
                    (B) Provision of information.--
                            (i) In general.--Subject to subparagraph 
                        (C), on the request of the Commission, the head 
                        of a Federal agency described in subparagraph 
                        (A) shall expeditiously furnish information 
                        requested by the Commission to the Commission.
                            (ii) Administration.--The furnishing of 
                        information by a Federal agency to the 
                        Commission shall not be considered a waiver of 
                        any exemption available to the agency under 
                        section 552 of title 5, United States Code.
                    (C) Information to be kept confidential.--For 
                purposes of section 1905 of title 18, United States 
                Code--
                            (i) the Commission shall be considered an 
                        agency of the Federal Government; and
                            (ii) any individual employed by an 
                        individual, entity, or organization that is a 
                        party to a contract with the Commission under 
                        this section shall be considered an employee of 
                        the Commission.
    (d) Commission Personnel Matters.--
            (1) Members.--
                    (A) Non-federal employees.--A member of the 
                Commission who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the 
                Commission.
                    (B) Federal employees.--A member of the Commission 
                who is an officer or employee of the Federal Government 
                shall serve without compensation in addition to the 
                compensation received for the services of the member as 
                an officer or employee of the Federal Government.
                    (C) Travel expenses.--A member of the Commission 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for an 
                employee of an agency under subchapter I of chapter 57 
                of title 5, United States Code, while away from the 
                home or regular place of business of the member in the 
                performance of the duties of the Commission.
            (2) Staff.--
                    (A) Executive director.--Not later than 30 days 
                after the Chairperson and Vice-Chairperson of the 
                Commission are selected under subsection (a)(4), the 
                Chairperson and Vice-Chairperson shall jointly select 
                an individual to serve as executive director of the 
                Commission.
                    (B) Additional staff.--The Chairperson of the 
                Commission may, without regard to the civil service 
                laws (including regulations), appoint and terminate the 
                appointment of such other additional personnel as are 
                necessary to enable the Commission to perform the 
                duties of the Commission.
                    (C) Confirmation of executive director.--The 
                employment of an executive director under this 
                paragraph shall be subject to confirmation by the 
                Commission.
                    (D) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Chairperson of the Commission 
                        may fix the compensation of the executive 
                        director and other personnel without regard to 
                        the provisions of chapter 51 and subchapter III 
                        of chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of pay 
                        for the executive director and other personnel 
                        shall not exceed the rate payable for level II 
                        of the Executive Schedule under section 5316 of 
                        title 5, United States Code.
            (3) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Commission, without 
                reimbursement, for such period of time as is permitted 
                by law.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (4) Procurement of temporary and intermittent services.--
        The Chairperson, Vice-Chairperson, and executive director of 
        the Commission may procure temporary and intermittent services 
        in accordance with section 3109(b) of title 5, United States 
        Code, at rates for individuals that do not exceed the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        IV of the Executive Schedule under section 5316 of that title.
    (e) Funding and Support Services.--For each fiscal year, the 
Secretary of Agriculture and the Secretary of Health and Human Services 
shall provide to fund the Commission and carry out this section--
            (1) from funds made available to the Secretary of 
        Agriculture under section 32 of the Act of August 24, 1935 (7 
        U.S.C. 612c) and amounts made available for the Office of the 
        Secretary of Health and Human Services from appropriations 
        Acts, such equal amounts as are necessary to fund the 
        Commission and otherwise carry out this section; and
            (2) such equal contributions of support services as are 
        necessary to assist the Commission in carrying out the duties 
        of the Commission under this section.
    (f) Termination.--The Commission shall terminate on the date that 
is 60 days after the date on which the Commission submits the report 
under subsection (b)(2).

SEC. 3. TERMINATION OF AUTHORITY RELATING TO FOOD AND FOOD SAFETY.

    (a) Termination of Authority.--The budget authority to implement 
the provisions of law described in subsection (b) relating to food and 
food safety shall terminate on the date that is 2 years after the date 
of enactment of this Act.
    (b) Provisions of Law.--The provisions of law referred to in 
subsection (a) are--
            (1) the Poultry Products Inspection Act (21 U.S.C. 451 et 
        seq.);
            (2) the Federal Meat Inspection Act (21 U.S.C. 601 et 
        seq.);
            (3) the Egg Products Inspection Act (21 U.S.C. 1031 et 
        seq.); and
            (4) chapters I through IV of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 301 et seq.).
                                 <all>