[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 893

To establish the Office of Imported and Domestic Product Safety in the 
 Department of Commerce and the Product Safety Coordinating Council to 
improve the management, coordination, promotion, and oversight of food 
 and product safety responsibilities, to improve consumer and business 
 access to food and product safety information, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2009

  Mr. Schumer introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To establish the Office of Imported and Domestic Product Safety in the 
 Department of Commerce and the Product Safety Coordinating Council to 
improve the management, coordination, promotion, and oversight of food 
 and product safety responsibilities, to improve consumer and business 
 access to food and product safety information, 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 and Domestic Product Safety 
Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the Product Safety 
        Coordinating Council established by section 4(a).
            (2) Director.--The term ``Director'' means the Director of 
        Imported and Domestic Product Safety appointed under section 
        3(b).
            (3) Office.--The term ``Office'' means the Office of 
        Imported and Domestic Product Safety established by section 
        3(a).
            (4) Product.--The term ``product'' means any of the 
        following:
                    (A) Food, as defined in section 201 of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 321), 
                including--
                            (i) poultry and poultry products, as 
                        defined in section 4 of the Poultry Products 
                        Inspection Act (21 U.S.C. 453);
                            (ii) meat and meat food products, as 
                        defined in section 1 of the Federal Meat 
                        Inspection Act (21 U.S.C. 601); and
                            (iii) eggs and egg products, as defined in 
                        section 4 of the Egg Products Inspection Act 
                        (21 U.S.C. 1033).
                    (B) A drug, device, cosmetic, dietary supplement, 
                infant formula, and food additive, as such terms are 
                defined in section 201 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 321).
                    (C) A consumer product, as such term is defined in 
                section 3(a) of the Consumer Product Safety Act (15 
                U.S.C. 2052).
                    (D) A motor vehicle, motor vehicle equipment, and 
                replacement equipment, as such terms are defined in 
                section 30102 of title 49, United States Code.
                    (E) A biological product, as such term is defined 
                in section 351(i) of the Public Health Service Act (42 
                U.S.C. 262(i)).
                    (F) A pesticide, as such term is defined in section 
                2 of the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136).
                    (G) Any other food, consumer product, fishery 
                product, beverage, or tobacco product with respect to 
                which a department or agency that is represented on the 
                Council has jurisdiction.

SEC. 3. OFFICE OF IMPORTED AND DOMESTIC PRODUCT SAFETY; DIRECTOR.

    (a) Establishment.--There is established in the Department of 
Commerce an office to be known as the ``Office of Imported and Domestic 
Product Safety''.
    (b) Director.--The Director of Imported and Domestic Product Safety 
shall be the head of the Office. The Director shall be appointed by the 
President, by and with the advice and consent of the Senate, from among 
individuals who have--
            (1) not less than 10 years of leadership and management 
        experience in the public or private sector; and
            (2) expertise in areas relating to product safety and 
        protection of the public.
    (c) Duties of the Director.--The Director shall, working with the 
Council--
            (1) ensure that there is coordination among all departments 
        and agencies that have responsibility for product safety in a 
        manner that--
                    (A) protects the health and safety of United States 
                consumers; and
                    (B) provides that consumers and businesses have 
                access to product safety information;
            (2) establish policies, objectives, and priorities to 
        improve the management, coordination, promotion, and oversight 
        of all departments and agencies that have responsibility for 
        product safety;
            (3) work with consumer groups, industry, and other 
        interested parties to establish the policies, objectives, and 
        priorities described in paragraph (2);
            (4) improve the www.Recalls.gov Internet website (or 
        successor Federal website) that provides product safety 
        information and recall information for products under different 
        Federal agencies;
            (5) develop and maintain a database that--
                    (A) is centralized;
                    (B) is user friendly;
                    (C) is accessible to the public;
                    (D) includes information about all mandatory and 
                voluntary actions taken with respect to product safety 
                by businesses and departments and agencies that have 
                responsibility for product safety, including--
                            (i) recalls;
                            (ii) advisories;
                            (iii) alerts;
                            (iv) seizures;
                            (v) defect determinations;
                            (vi) import bans; and
                            (vii) such other actions as the Director 
                        considers appropriate; and
                    (E) incorporates hyperlinks to databases maintained 
                by the departments and agencies that have 
                responsibility for product safety with respect to the 
                actions described in subparagraph (D);
            (6) develop guidelines for effective and efficient 
        dissemination, by the departments and agencies of members of 
        the Council, of product recall alerts to consumers and 
        businesses, including retailers, the media, and medical 
        professionals;
            (7) promote the development of risk assessment models to 
        assist Federal departments and agencies responsible for the 
        importation and safety of products to better identify and 
        prevent the importation or introduction into commerce of unsafe 
        products;
            (8) promote the development of tracing technology to 
        provide consumers with access to the supply chain history of a 
        product;
            (9) develop guidelines to facilitate information sharing 
        relating to the importation and safety of products among 
        businesses, United States trading partners, and departments and 
        agencies of Federal, State, and local governments;
            (10) develop and maintain a public electronic directory of 
        services to assist consumers and businesses in locating product 
        safety information;
            (11) develop a framework for engaging United States trading 
        partners in efforts to improve product safety, including 
        cooperation and coordination related to safety standards, 
        testing, certification, audits, and inspections before products 
        are shipped to the United States;
            (12) establish an inventory of memoranda of understanding 
        negotiated by Federal departments and agencies with foreign 
        governments related to the importation and safety of products;
            (13) promote coordination among Federal departments and 
        agencies seeking to negotiate new memoranda described in 
        paragraph (11); and
            (14) develop guidelines to ensure that there is a unified 
        effort to protect the health and safety of United States 
        consumers, including--
                    (A) simplifying consumer-retailer interaction 
                regarding products identified as unsafe;
                    (B) improving product labeling;
                    (C) developing comprehensive recordkeeping 
                throughout the production, importation, and 
                distribution of products; and
                    (D) increasing public access to information 
                regarding--
                            (i) product safety standards, testing, and 
                        certification;
                            (ii) enforcement of product safety laws; 
                        and
                            (iii) product-related deaths, injuries, and 
                        illness.
    (d) Staff.--
            (1) In general.--The Director may employ and fix the 
        compensation of such officers and employees as may be necessary 
        to assist the Director in carrying out the duties of the 
        Director set forth by subsection (c).
            (2) Detail of government employees.--The Director may 
        direct, with the concurrence of the Secretary of a department 
        or head of an agency, the temporary reassignment within the 
        Federal Government of personnel employed by such department or 
        agency on a reimbursable or nonreimbursable basis to the 
        Office.
    (e) Supervision.--The Director shall report to the Secretary of 
Commerce.
    (f) Compensation.--Section 5314 of title 5, United States Code, is 
amended by adding at the end the following new item:
            ``Director of Imported and Domestic Product Safety, 
        Department of Commerce.''.

SEC. 4. PRODUCT SAFETY COORDINATING COUNCIL.

    (a) Establishment.--There is established a Product Safety 
Coordinating Council--
            (1) to improve the management, coordination, promotion, and 
        oversight of product safety responsibilities; and
            (2) to assist the Director in--
                    (A) carrying out the functions of the Office set 
                forth by section 3(c);
                    (B) developing the strategic plan under section 5; 
                and
                    (C) developing the report under section 6.
    (b) Membership.--
            (1) Composition.--The Council shall consist of the Director 
        and 1 individual designated by each of the following from their 
        respective departments and agencies:
                    (A) The Commissioner of Customs and Border 
                Protection of the Department of Homeland Security.
                    (B) The Under Secretary for International Trade of 
                the Department of Commerce.
                    (C) The United States Trade Representative.
                    (D) The Under Secretary for Economic, Energy, and 
                Agricultural Affairs of the Department of State.
                    (E) The Under Secretary for Food Safety of the 
                Department of Agriculture.
                    (F) The Commissioner of the Food and Drug 
                Administration of the Department of Health and Human 
                Services.
                    (G) The Under Secretary for Oceans and Atmosphere 
                of the Department of Commerce.
                    (H) The Chairman of the Consumer Product Safety 
                Commission.
                    (I) The Administrator of the National Highway 
                Traffic Safety Administration of the Department of 
                Transportation.
                    (J) The Administrator of the Environmental 
                Protection Agency.
                    (K) The Administrator of the Alcohol and Tobacco 
                Tax and Trade Bureau of the Department of the Treasury.
                    (L) The Attorney General.
                    (M) The Director of the Centers for Disease Control 
                and Prevention of the Department of Health and Human 
                Services.
                    (N) The Chairman of the Federal Trade Commission.
                    (O) The Chairman of the United States International 
                Trade Commission.
                    (P) The Director of the Office of Management and 
                Budget.
                    (Q) Such other officers of the United States as the 
                Director determines necessary to carry out the 
                functions of the Council.
            (2) Qualifications.--Each individual designated under 
        paragraph (1) shall be selected from among individuals who 
        are--
                    (A) involved in product safety and protection of 
                the public from risks to safety; and
                    (B) qualified to serve on the Council.
    (c) Department and Agency Responsibilities.--
            (1) In general.--The department or agency of each member of 
        the Council shall assist the Director in--
                    (A) developing and implementing a unified effort to 
                protect the health and safety of United States 
                consumers;
                    (B) ensuring that consumers and businesses have 
                access to product safety information; and
                    (C) carrying out the duties of the Director set 
                forth by section 3(c).
            (2) Cooperation.--Each member of the Council shall ensure 
        that the department or agency the member represents--
                    (A) provides such assistance, information, and 
                advice as the Director may request;
                    (B) complies with information sharing policies, 
                procedures, guidelines, and standards established by 
                the Director; and
                    (C) provides adequate resources to support the 
                activities and operations of the Office.
    (d) Meetings.--The Council shall meet not less frequently than 
monthly at the call of the Director.
    (e) Chairperson.--The Director shall be the chairperson of the 
Council.

SEC. 5. STRATEGIC PLAN.

    (a) Strategic Plan Required.--Not later than 180 days after the 
date of the enactment of this Act, and every 2 years thereafter, the 
Director shall, after consulting with the members of the Council, 
submit to the President and to Congress a strategic plan.
    (b) Contents of Strategic Plan.--The strategic plan submitted under 
subsection (a) shall contain--
            (1) a detailed description of the goals, objectives, and 
        priorities of the Office and the Council;
            (2) a description of the methods for achieving such goals, 
        objectives, and priorities;
            (3) a description of the performance measures that will be 
        used to monitor results in achieving such goals, objectives, 
        and priorities; and
            (4) an estimate of the resources necessary to achieve such 
        goals, objectives, and priorities, and an estimate of the cost 
        of such resources.

SEC. 6. ANNUAL REPORT ON PRODUCT SAFETY.

    (a) Annual Report Required.--Not later than 1 year after the date 
of the enactment of this Act and November 1 of each calendar year 
thereafter, the Director shall submit to the President and to Congress 
a written report on the safety of products.
    (b) Content of Report.--The report submitted under subsection (a) 
shall contain a detailed description of how the duties set forth in 
section 3(c) are being implemented.
    (c) Consultations.--The Director shall consult with the members of 
the Council with respect to the preparation of the report required by 
subsection (a). Any comments provided by the members of the Council for 
a report under such subsection shall be submitted to the Director not 
later than 1 month before the date such report is submitted to 
Congress. The Director shall submit the report to Congress after taking 
into account all comments received.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce such sums as may be necessary to carry out the provisions of 
this Act and the activities of the Office.

SEC. 8. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT SAFETY 
              COORDINATION.

    The use of interagency funding and other forms of support is 
authorized by Congress to carry out the functions and activities of the 
Office and the functions and activities of the Council.
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