[Congressional Record Volume 140, Number 104 (Tuesday, August 2, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SIMON:
  S. 2348. A bill to repeal the prohibitions against recommendations 
relating to Federal employment and U.S. Postal Service employment, and 
for other purposes; to the Committee on Governmental Affairs.


                 Federal Civil Service Jobs Legislation

 Mr. SIMON. Mr. President, today I am introducing a bill that 
repeals a provision of the Hatch Act that prevents Members of Congress 
from making recommendations, oral or written, on behalf of people 
applying for Federal Civil Service or U.S. Postal Service jobs.
  Last summer Congress amended the Hatch Act to prohibit Members of 
Congress from writing a simple letter of recommendation for anyone 
applying for a nonpolitical civil service position. Mr. President, I 
think that's going a bit too far.
  My bill repeals the prohibition on recommendations. It does, however, 
leave intact reasonable guidelines. Under my proposed legislation, 
recommendations must be based on personal knowledge or records of the 
applicant, and may only include evaluation of work performance, 
ability, general qualifications, comments on character, loyalty, 
suitability, et cetera.
  Mr. President, I am sure there have been times when an elected 
official has recommended an individual for Government employment simply 
because that individual has been a loyal friend. I am equally sure that 
these types of abuses are the exception rather than the rule. I don't 
believe there is anything wrong with an elected official sending a 
written letter of recommendation on behalf of someone who is applying 
for a job with the Federal civil service or with the Postal Service--as 
long as the recommendations fellow reasonable guidelines.
  I do understand the need for tightly written guidelines for such 
letters of recommendation. But I think we can leave it up to the House 
and Senate ethics committees to delineate what is and is not 
appropriate with regard to these recommendations. My understanding is 
that they already have that power under their existing rulemaking 
authority.
  I have many outstanding employees and interns. Some of them choose to 
go on to apply for jobs with Federal agencies, Federal judges, the U.S. 
Postal Service, the executive branch, et cetera. I see no reason why 
they should not be allowed to ask me--their former employer--for a 
letter emphasizing their suitability for a job. It's common practice in 
the private sector. We don't prohibit CEO's of major corporations from 
making recommendations for these same positions. Many of these 
executives have just as much, if not more, leverage in the job world.
  Mr. President, I hope that you and my colleagues agree that this law 
could be tempered a bit. I would like to see this prohibition repealed 
as soon as possible.
                                 ______

      By Mr. GORTON:
  S. 2349. A bill to amend the Elwha River Ecosystem and Fisheries 
Restoration Act with respect to the licensing of certain hydroelectric 
projects, and for other purposes; to the Committee on Energy and 
Natural Resources.


 the elwha river ecosystem and Fisheries restoration act amendment act 
                                of 1994

 Mr. GORTON. Madam President, today I am introducing 
legislation to amend and improve Public Law 102-495, the Elwha River 
Ecosystem and Fisheries Restoration Act. I recently testified before 
the Senate Energy Committee in relation to this legislation, and ask 
unanimous consent that a copy of my testimony be printed in the Record. 
I further ask unanimous consent that a copy of the bill be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2349

       Be it enacted by the Senate and House of Representatives of 
     the United States in Congress assembled,
       Section 1. (a) The Congress finds and declares that--
       (1) Salmon and steelhead are important biological, 
     commercial, recreational, and cultural resources in the 
     Olympic Peninsula;
       (2) Many salmon and steelhead runs in the Olympic Peninsula 
     have become greatly depleted;
       (3) Due to the depressed economy of the Olympic Peninsula 
     region, restoration of salmon and steelhead runs, and 
     establishment of consistent recreational, commercial and 
     tribal fisheries is of critical importance;
       (4) The Congress of the United States recognized 
     the importance of Elwha River anadromous fisheries by the 
     enactment of the Elwha River Ecosystem and Fisheries 
     Restoration Act, P.L. 102-495;
       (5) Significant Federal budget limitations make it 
     uncertain whether funding for acquisition and removal of the 
     Elwha dams pursuant to P.L. 102-95 will be provided in the 
     next several years;
       (6) There are other means of enhancing regional anadromous 
     fish populations that appear to be more cost-effective than 
     dam removal.
       (7) Should funds for dam acquisition and removal not be 
     provided, uncertainty over the disposition of the dams 
     creates unacceptable financial risk for the owner of the dams 
     and the local industrial consumer, and threatens a 
     significant number of jobs in the Olympic Peninsula region.
       (b) The purpose of this Act is to provide for the immediate 
     restoration of native anadromous fisheries in the Olympic 
     Peninsula in order to prevent possible listing of such stocks 
     under the Endangered Species Act, to provide reasonable 
     financial security for the owner of the Elwha dams and the 
     local industrial consumer, and to protect important jobs in 
     the Olympic Peninsula region.
       Sec. 2. For the purposes of this Act the term ``streams of 
     the Olympic Peninsula'' means streams which drain from the 
     Olympic National Park or the Olympic National Forest, all 
     tributaries of such streams, and any other streams in the 
     immediate region which the Secretary deems appropriate.
       Sec. 3. Section 5 of the Elwha River Ecosystem and 
     Fisheries Restoration Act (P.L. 102-495, 106 Stat. 3173) is 
     amended by adding a new subsection (d) as follows:
       ``(d) If by September 30, 1997 the Elwha Project and the 
     Glines Project are not acquired pursuant to section 3, the 
     Commission is authorized and directed to issue a license for 
     such projects pursuant to the Federal Power Act. Such license 
     shall include provisions for facility modifications and 
     operational changes that will enhance Elwha River anadromous 
     fish populations, but such provisions shall be cost-effective 
     and economically justifiable over the term of the license.''.
       Sec. 4. Section 9 of The Elwha River Ecosystem and 
     Fisheries Restoration Act is amended--
       (1) by striking ``for expenditure through the Assistant 
     Secretary for Fish, Wildlife, and Parks''; and
       (2) by striking ``for expenditure through the National 
     Marine Fisheries Service''.
       Sec. 5. The Elwha River Ecosystem and Fisheries Restoration 
     Act is amended by redesignating section 9 as section 10, and 
     by inserting a new section as follows:

     ``SEC. 9. OLYMPIC PENINSULA NATIVE ANADROMOUS FISHERIES 
                   RESTORATION.

       ``(a) The Secretary shall immediately prepare a program for 
     the restoration of the Olympic Peninsula native anadromous 
     fisheries in consultation with the Secretary of Commerce, the 
     State, local Indian tribes and other parties that the 
     Secretary may deem appropriate.
       ``(b) Implementation of the program shall commence not 
     later than January 1, 1997.
       ``(c) The program shall provide for the recovery and 
     enhancement of the native, anadromous fishes of the Olympic 
     Peninsula, consistent with the rights of any Indian tribe 
     secured by treaty or other Federal law, and applicable State 
     law.
       ``(d) In developing the recovery program, the Secretary--
       ``(1) shall consider the use of experimental fisheries 
     restoration techniques; and
       ``(2) shall ensure that native wild stock will not be 
     adversely affected to a significant extent if hatchery-raised 
     fish are used.''.
       Sec. 6. In addition to the sums authorized to be 
     appropriated by the Elwha River Ecosystem and Fisheries 
     Restoration Act, there are hereby authorized to be 
     appropriated to carry out the purposes of Sec. 9 of the Elwha 
     River Ecosystem and Fisheries Restoration Act the sum of $25 
     million.
                                  ____


  Statement of Senator Slade Gorton on the Elwha River Ecosystem and 
                       Fisheries Restoration Act

       Mr. Chairman, thank you for allowing me to testify before 
     the subcommittee today, particularly on such short notice.
       When I joined you, Mr. Chairman, and the rest of the 
     Washington Congressional delegation in passing the Elwha 
     River Restoration Act, I think we all agreed on one thing--
     that the struggle over the fate of the Elwha River dams was 
     deadlocked, and could only be resolved by an act of Congress.
       Beyond that point, there was, and is, a wide range of 
     opinion on what is ultimately the best solution for the 
     Elwha. Personally, I do not feel that dam removal is the most 
     cost-effective means of restoring salmon runs throughout the 
     region. I think we can do as much for salmon with less money 
     by pursuing other enhancement projects, while at the same 
     time preserving jobs, the local water supply, a renewable 
     energy source and the Port Angeles economy.
       But regardless of whether or not you accept this notion, I 
     think we can all agree that the status quo is unacceptable.
       Each year that goes by without the dams being either 
     removed or relicensed is another year in which we do nothing 
     for Elwha salmon runs. Each year without action is another 
     year in which the Port Angeles community cannot plan its 
     economic future.
       Congress and the Administration simply must make a 
     decision.
       The Elwha River Restoration Act was designed to establish a 
     framework in which this decision could be made. But upon 
     reflection, Mr. Chairman, that legislation was seriously 
     flawed. The Elwha Act does not offer a true choice among 
     legitimate options, and it threatens to leave the Elwha in 
     the same deadlock that we have all been trying to break.
       If the Administration and Congress do decide to appropriate 
     funding for acquisition of the dams, the deadlock will indeed 
     be broken.
       But after observing this year's appropriations process, it 
     is not at all clear that Congress will approve dam 
     acquisition even if funds for the project are requested by 
     the Administration.
       What if funding in not appropriated?
       Most of us involved in passing the Elwha Act were under the 
     impression that the dams would revert to their prior 
     licensing status if money for dam acquisition was not 
     appropriated within five years. The dams' owner, FERC and 
     everybody else would be thrown back into court to fend for 
     themselves. This provision was to be an incentive for all 
     parties to work towards securing appropriations for dam 
     acquisition.
       But upon closer reading of the Act, it appears to me and 
     others with whom I have consulted that failure to appropriate 
     funding for dam acquisition would simply result in annual 
     operating licenses for the dams, ad infinitum.
       Regardless of which interpretation is correct, Mr. 
     Chairman, in the absence of dam acquisition it may be years, 
     if not decades, before the Elwha debate is settled and we 
     actually began doing something constructive for the salmon. 
     Though I do not believe dam removal is the best option, even 
     that option is better than the status quo.
       I therefore intend to introduce legislation to resolve the 
     Elwha issue--one way or the other.
       The foundation of this bill is a provision to improve 
     Olympic Peninsula salmon runs. It authorizes $25 million for 
     implementation of a peninsula-wide salmon enhancement program 
     in the event that the dams are not acquired by the Federal 
     government.
       The bill gives the Administration and Congress two more 
     years to find the $29.5 million necessary to acquire the dams 
     in accordance with the original Elwha Act.
       If the dams are not acquired at the end of those two years, 
     FERC would be directed to relicense the dams. As a condition 
     of relicensing, the dams' owners would be required to install 
     fish passage facilities and fund other reasonable mitigation 
     measures as required by FERC and the National Marine 
     Fisheries Service.
       Finally, the bill will include the text of legislation 
     already introduced by the Chairman and Sen. Murray. That 
     legislation, which is the subject of today's hearing, gives 
     the Administration broader authority over which agencies 
     could fund dam acquisition and removal.
       I am working with interested parties to develop this 
     legislation further, and hope to introduce a bill very soon. 
     I believe it is a responsible proposal that provides Congress 
     and the Administration with two salmon recovery options.
       My bill will force us to make a choice.
       It will force us to do something for the region's salmon 
     runs.
       And it will force us to resolve the Elwha issue so that the 
     Port Angeles community can plan for the future.
       My bill will not, Mr. Chairman, scuttle the process 
     established in the Elwha Act. It is rather an attempt to put 
     a time limit on that process, and to provide a more cost-
     effective alternative to dam removal.
       I look forward to working with the committee on this 
     proposal, as well as the legislation already introduced by 
     Sen. Murray. I thank the Chairman for giving me this 
     opportunity to testify.
                                 ______

      By Mr. BRADLEY (for himself and Mr. Lautenberg):
  S. 2350. A bill to establish a Meat, Poultry, and Eggs Inspection 
Agency to administer the Federal Meat Inspection Act, the Poultry 
Products Inspection Act, and the Egg Products Inspection Act, to expand 
the application of such acts, to provide for the establishment of safe 
cooking standards for meat and poultry products, to improve scientific 
research and understanding of foodborne illnesses, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.


                   the katie o'connell safe food act

 Mr. BRADLEY. Mr. President, I introduce legislation to ensure 
the safety of America's food supply. The Katie O'Connell Safe Food Act 
is a comprehensive measure that would reform our outmoded meat and 
poultry inspection system, and take steps to prevent foodborne illness 
from affecting the lives of Americans.
  Katie O'Connell was a 2-year-old girl from my home State of New 
Jersey. She died from eating a hamburger at a fast food restaurant that 
was contaminated with a deadly pathogen called E coli. The meat Katie 
ate had been declared safe by inspectors from the U.S. Department of 
Agriculture.
  Mr. President, Katie died from a disease that should have been 
detected through our Federal meat inspection system. That system failed 
her and her family, and has failed thousands of others across the 
country. The legislation I am introducing today is designed to make 
sure that our system does not fail again.
  Diseases caused by foodborne illness often strike those most 
vulnerable in our society: our children. As we stand here today, health 
officials in New Jersey are battling an outbreak of the disease that 
killed Katie O'Connell--one of the victims is a 21-month-old infant who 
is in intensive care. Her life is in danger because she ate meat that 
had been declared safe by Federal inspectors in the Department of 
Agriculture.
  These cases in New Jersey are far from isolated: The Centers for 
Disease Control estimates that over 9,000 people die, and another 6.5 
million become sick, from foodborne illness every year. The system is 
failing our citizens, and we have to do something to change it.
  The inspection process currently used by the Department of 
Agriculture's Food and Safety Inspection Service is antiquated and 
inadequate. Their basic methods of inspection have changed little since 
the first inspection laws were established in 1906. The tools that 
inspectors use are still sight, smell, and feel--these methods do 
absolutely nothing to detect contaminants such as E coli. When these 
methods were implemented, the Model-T was considered high technology. 
Now we are in the space age, and we have an inspection system that is 
still a Model-T.
  There is no excuse for these outmoded methods: For over 15 years, the 
General Accounting Office has reported that the existing inspection 
system is obsolete, and has repeatedly urged that it be replaced with a 
scientific inspection system to protect the public from foodborne 
illness. The Department of Agriculture has had more than enough 
chances, and more than enough time, to change its outmoded system. They 
have failed to do so, and it is time to change it for them.
  The Katie O'Connell Safe Food Act will transfer the responsibility 
for enforcing meat, poultry, and egg inspections from the Department of 
Agriculture to an independent Federal health agency. Foodborne diseases 
are a public health issue and a serious one. The prevention of such 
diseases has no place being lodged in a Department whose charter is the 
promotion of meat and poultry products. In removing this function from 
the Department of Agriculture, this legislation will remove the 
conflict of interest that currently exists.
  Moreover, the lack of scientific methods currently used to ensure the 
safety of food is alarming and, indeed, negligent. This bill will 
direct immediate research into the development of inspection methods 
that will detect pathogens such as E coli.
  Finally, this legislation will take important steps toward finding a 
cure to the diseases caused by contaminated food. It will direct the 
Centers for Disease Control and the National Institutes of Health to 
increase the research, monitoring, and documentation of cases that 
occur, so we can begin to eliminate what is currently a severe lack of 
medical knowledge about these illnesses.
  We do not have the power to right the wrong that has been done to 
Katie O'Connell and others who have been affected by the deficiencies 
in our national food inspection system. We in the Congress do have the 
power to change that system, and protect the health of our citizens and 
the lives of our children. That is what this legislation is intended to 
do.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2350

       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 ``Katie O'Connell Safe Food 
     Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

           TITLE I--MEAT, POULTRY, AND EGGS INSPECTION AGENCY

          Subtitle A--Establishment and Authorities of Agency

Sec. 101. Establishment of Meat, Poultry, and Eggs Inspection Agency.
Sec. 102. Director of Meat, Poultry, and Eggs Inspection.
Sec. 103. General authorities of the Director.
Sec. 104. Bureau for Improved Inspection Capabilities.
Sec. 105. Rules.

                  Subtitle B--Transitional Provisions

Sec. 111. Termination of Food Safety and Inspection Service and 
              transfer of assets, appropriations, and personnel to the 
              Agency.
Sec. 112. Clarification of authority of Director to administer the 
              Federal Meat Inspection Act.
Sec. 113. Clarification of authority of Director to administer the 
              Poultry Products Inspection Act.
Sec. 114. Clarification of authority of Director to administer the Egg 
              Products Inspection Act.
Sec. 115. Office of Inspector General of the Agency.

                       Subtitle C--Other Matters

Sec. 121. Definitions.

        TITLE II--EXPANSION OF FOODS COVERED BY INSPECTION LAWS

Sec. 201. Coverage of additional meats under the Federal Meat 
              Inspection Act.
Sec. 202. Coverage of additional poultry under the Poultry Products 
              Inspection Act.

TITLE III--ESTABLISHMENT AND ENFORCEMENT OF SAFE COOKING STANDARDS FOR 
                       MEAT AND POULTRY PRODUCTS

Sec. 301. Establishment of safe cooking standards.
Sec. 302. Enforcement of safe cooking standards.
Sec. 303. Civil penalty for violations of safe cooking standards.
Sec. 304. Effect on State and local laws.
Sec. 305. Whistleblower protections.
Sec. 306. Definitions.

   TITLE IV--EPIDEMIOLOGICAL ACTIVITIES REGARDING FOODBORNE DISEASES

Sec. 401. Epidemiological activities.

          TITLE V--RESEARCH ON TREATMENT OF FOODBORNE DISEASES

Sec. 501. Research on treatment; National Institute of Diabetes and 
              Digestive and Kidney Diseases.
           TITLE I--MEAT, POULTRY, AND EGGS INSPECTION AGENCY
          Subtitle A--Establishment and Authorities of Agency

     SEC. 101. ESTABLISHMENT OF MEAT, POULTRY, AND EGGS INSPECTION 
                   AGENCY.

       (a) Establishment of Agency.--There is established in the 
     executive branch an agency to be known as the ``Meat, 
     Poultry, and Eggs Inspection Agency''. The Agency shall be an 
     independent establishment, as defined in section 104 of title 
     5, United States Code.
       (b) Responsibilities of Agency.--The Agency shall be 
     responsible for the implementation and administration of--
       (1) the Federal Meat Inspection Act (21 U.S.C. 601 et 
     seq.);
       (2) the Poultry Products Inspection Act (21 U.S.C. 451 et 
     seq.);
       (3) the Egg Products Inspection Act (21 U.S.C. 1031 et 
     seq.);
       (4) the establishment and enforcement pursuant to title III 
     of safe cooking standards for the preparation of meat and 
     poultry products at restaurants and other retail food 
     establishments; and
       (5) such other inspection, research, and oversight 
     authorities regarding meat, poultry products, and eggs 
     inspection as may be provided to the Agency by this Act or 
     other laws.

     SEC. 102. DIRECTOR OF MEAT, POULTRY, AND EGGS INSPECTION.

       (a) Appointment.--There shall be at the head of the Agency 
     a Director of Meat, Poultry, and Eggs Inspection who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate. The Agency and the inspection laws 
     shall be administered under the supervision and direction of 
     the Director.
       (b) Compensation.--Section 5313 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``Director of Meat, Poultry, and Eggs Inspection.''.

     SEC. 103. GENERAL AUTHORITIES OF THE DIRECTOR.

       (a) Assistant Directors.--
       (1) Appointment.--The Director may appoint not more than 8 
     assistant directors of the Agency, who shall perform such 
     supervisory and administrative duties with respect to the 
     Agency and the inspection laws as the Director considers 
     appropriate.
       (2) Compensation.--Section 5315 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``Assistant Directors, Meat, Poultry, and Eggs Inspection 
     Agency.''.
       (b) Officers and Employees.--The Director may appoint 
     officers and employees for the Agency in accordance with the 
     provisions of title 5, United States Code, relating to 
     appointment in the competitive service, and fix the 
     compensation of the officers and employees in accordance with 
     chapter 51 and with subchapter III of chapter 53 of such 
     title, relating to classification and General Schedule pay 
     rates.
       (c) Detail of Personnel of Other Agencies.--The Director 
     may enter into agreements with other Federal agencies, in 
     particular the Department of Agriculture, under which 
     officers or employees of the agencies may be detailed to the 
     Agency. The detailing of an officer or employee of another 
     agency under this subsection shall be made without prejudice 
     to the status or advancement of the officer or employee 
     within the other agency.
       (d) Additional Agreements With Other Agencies.--The 
     Director may utilize or employ the services, personnel, 
     equipment, or facilities of any other Federal agency, with 
     the consent of the head of the agency concerned, to perform 
     such functions on behalf of the Agency as the Director 
     considers appropriate.
       (e) Experts and Consultants.--The Director may procure the 
     services of experts and consultants as authorized by section 
     3109 of title 5, United States Code, and pay in connection 
     with the services travel expenses of individuals, including 
     transportation and per diem in lieu of subsistence while away 
     from the homes or regular places of business of the 
     individuals, as authorized by section 5703 of such title.
       (f) Bureaus, Offices, and Divisions.--The Director may 
     establish within the Agency such bureaus, offices, and 
     divisions as the Director may determine to be necessary to 
     discharge the responsibilities of the Agency, including an 
     Office of the General Counsel.
       (g) Regional and Field Offices.--The Director may 
     establish, alter, discontinue, or maintain such regional or 
     other field offices as the Director may determine to be 
     necessary to carry out the functions vested in the Director 
     or other officials of the Agency.

     SEC. 104. BUREAU FOR IMPROVED INSPECTION CAPABILITIES.

       (a) Establishment.--There is established within the Agency 
     an entity to be known as the ``Bureau for Improved Inspection 
     Capabilities'', which shall support efforts to develop modern 
     scientific techniques to improve the inspection of meat, 
     poultry, and eggs under the inspection laws and to 
     incorporate the techniques into the inspection practices used 
     by the Agency.
       (b) Bureau Director.--The Director shall designate 1 of the 
     assistant directors of the Agency appointed under section 
     103(a) to serve as director of the Bureau. The director of 
     the Bureau shall report directly to the Director.
       (c) Advisory Commission on Inspection.--
       (1) Appointment and duties.--The Director shall appoint an 
     advisory commission to make recommendations to the Director 
     regarding methods to improve inspection techniques used to 
     carry out the inspection laws, including improving the 
     reliability of the inspections. The commission shall also 
     perform such other advisory or investigative duties as may be 
     assigned to the commission by this section or the Director.
       (2) Members.--The members of the commission shall consist 
     of--
       (A) representatives of the meat, poultry, and egg 
     industries;
       (B) scientists who are experts in the field of food safety; 
     and
       (C) government officials who are actively involved in meat, 
     poultry, or eggs inspection at the Federal or State level.
       (3) Time period for first recommendations.--Not later than 
     180 days after the date on which the commission is first 
     appointed, the commission shall present the Director with a 
     list of recommendations regarding methods for improving 
     current meat, poultry, and eggs inspection techniques.
       (d) Grant and Contract Authority for Research.--The 
     Director may make grants to, and enter into contracts with, 
     State and local governments, institutions of higher 
     education, and nonprofit research organizations for the 
     purpose of promoting research to evaluate the feasibility of 
     implementing recommendations submitted by the commission 
     under subsection (c). Grants and contracts under this 
     subsection shall be made by the Director on a competitive 
     basis in consultation with the Bureau and the commission. The 
     commission shall review and evaluate research conducted with 
     assistance provided under this subsection.
       (e) Implementation of Results.--The Director may prescribe 
     rules to carry out any recommendations submitted by the 
     commission under subsection (c) that the Director determines 
     have potential for improving inspection techniques or 
     reliability under the inspection laws.

     SEC. 105. RULES.

       The Director may prescribe, in accordance with chapters 5 
     and 6 of title 5, United States Code, such rules as the 
     Director determines to be necessary or appropriate to 
     administer and manage the functions of the Agency.
                  Subtitle B--Transitional Provisions

     SEC. 111. TERMINATION OF FOOD SAFETY AND INSPECTION SERVICE 
                   AND TRANSFER OF ASSETS, APPROPRIATIONS, AND 
                   PERSONNEL TO THE AGENCY.

       (a) Termination of Service.--As soon as the Secretary of 
     Agriculture determines is practicable, the Secretary shall 
     terminate the activities of the Food Safety and Inspection 
     Service of the Department of Agriculture to the extent the 
     activities relate to the administration or operation of the 
     inspection laws.
       (b) Transfer of Assets and Funds.--Consistent with section 
     1531 of title 31, United States Code, the assets, 
     liabilities, contracts, property, records, and unexpended 
     balances of appropriations, authorizations, allocations, and 
     other funds of the Food Safety and Inspection Service used in 
     connection with the administration or operation of the 
     inspection laws shall be transferred to the Agency not later 
     than the date of the termination of the Food Safety and 
     Inspection Service under subsection (a). Unexpended funds 
     transferred pursuant to this subsection shall be used by the 
     Director only for the purposes for which the funds were 
     originally authorized and appropriated.
       (c) Transfer of Personnel.--During the period beginning on 
     the date of enactment of this Act and ending on the 
     termination of the Food Safety and Inspection Service under 
     subsection (a), the Secretary of Agriculture shall transfer 
     to the Agency the officers and employees of the Food Safety 
     and Inspection Service who perform duties in connection with 
     the administration or operation of the inspection laws.
       (d) Effect of Transfer on Personnel.--The transfer under 
     subsection (c) of any full-time employee (except a special 
     Federal employee) and part-time employee holding a permanent 
     position shall not cause the employee to be separated or 
     reduced in grade or compensation during the 1-year period 
     beginning on the date of the transfer of the employee under 
     subsection (c). Any person who, on the day preceding the date 
     of enactment of this Act, held a position compensated in 
     accordance with the Executive Schedule prescribed in chapter 
     53 of title 5, United States Code, and who, without a break 
     in service, is appointed in the Agency to a position having 
     duties comparable to the duties performed immediately 
     preceding the appointment shall continue to be compensated in 
     the new position at not less than the rate provided for the 
     previous position, for the duration of the service of the 
     person in the new position.
       (e) References.--After the termination of the Food Safety 
     and Inspection Service under subsection (a), any reference in 
     any other Federal law, Executive order, rule, regulation, 
     document, or other material to the Food Safety and Inspection 
     Service in connection with the administration or operation of 
     the inspection laws shall be considered to be a reference to 
     the Agency.

     SEC. 112. CLARIFICATION OF AUTHORITY OF DIRECTOR TO 
                   ADMINISTER THE FEDERAL MEAT INSPECTION ACT.

       (a) Definition of Director.--Subsection (a) of section 1 of 
     the Federal Meat Inspection Act (21 U.S.C. 601(a)) is amended 
     to read as follows:
       ``(a) The term `Director' means the Director of Meat, 
     Poultry, and Eggs Inspection of the Meat, Poultry, and Eggs 
     Inspection Agency.''.
       (b) Repeal of References to Secretary of Agriculture.--
       (1) In general.--Except as provided in paragraph (2), such 
     Act (21 U.S.C. 601 et seq.) is amended by striking 
     ``Secretary'' each place it appears and inserting 
     ``Director''.
       (2) Exceptions.--Sections 1(n)(10), 7(c)(2), and 409(b) (21 
     U.S.C. 601(n)(10), 607(c)(2), and 679(b)) are amended by 
     striking ``Secretary of Health, Education, and Welfare'' each 
     place it appears and inserting ``Secretary of Health and 
     Human Services''.
       (c) Repeal of References to Department of Agriculture.--
     Such Act is amended--
       (1) in section 18 (21 U.S.C. 618), by striking 
     ``Department'' and inserting ``Meat, Poultry, and Eggs 
     Inspection Agency''; and
       (2) in section 20(e)(4) (21 U.S.C. 620(e)(4)), by striking 
     ``Department of Agriculture'' and inserting ``Meat, Poultry, 
     and Eggs Inspection Agency''.

     SEC. 113. CLARIFICATION OF AUTHORITY OF DIRECTOR TO 
                   ADMINISTER THE POULTRY PRODUCTS INSPECTION ACT.

       (a) Definition of Director.--Subsection (i) of section 4 of 
     the Poultry Products Inspection Act (21 U.S.C. 453(i)) is 
     amended to read as follows:
       ``(i) The term `Director' means the Director of Meat, 
     Poultry, and Eggs Inspection of the Meat, Poultry, and Eggs 
     Inspection Agency.''.
       (b) Definition of Agency.--Subsection (q) of section 4 of 
     such Act (21 U.S.C. 453(q)) is amended to read as follows:
       ``(q) The term `inspection service' means the Meat, 
     Poultry, and Eggs Inspection Agency.''.
       (c) Repeal of References to Secretary of Agriculture.--
       (1) In general.--Except as provided in paragraph (2), such 
     Act is amended--
       (A) in the last sentence of section 2 (21 U.S.C. 451), by 
     striking ``Secretary of Agriculture'' and inserting 
     ``Director of Meat, Poultry, and Eggs Inspection of the Meat, 
     Poultry, and Eggs Inspection Agency'';
       (B) in sections 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 
     18, 19, 20, 22, 23, 25, 27, and 29 (21 U.S.C. 453 et seq.), 
     by striking ``Secretary'' each place it appears and inserting 
     ``Director'';
       (C) in section 17 (21 U.S.C. 466)--
       (i) by striking ``Secretary of Agriculture'' each place it 
     appears and inserting ``Director''; and
       (ii) in subsection (d)(4), by striking ``Secretary'' both 
     places it appears and inserting ``Director''; and
       (D) in section 24(b) (21 U.S.C. 467f(b)), by striking 
     ``Secretary'' the second place it appears and inserting 
     ``Director''.
       (2) Exceptions.--Sections 4(h)(10), 8(b)(2), and 24(b) (21 
     U.S.C. 453(h)(10), 457(b)(2), and 467f(b)) are amended by 
     striking ``Secretary of Health, Education, and Welfare'' each 
     place it appears and inserting ``Secretary of Health and 
     Human Services''.

     SEC. 114. CLARIFICATION OF AUTHORITY OF DIRECTOR TO 
                   ADMINISTER THE EGG PRODUCTS INSPECTION ACT.

       (a) Definition of Director.--Subsection (x) of section 4 of 
     the Egg Products Inspection Act (21 U.S.C. 1033(x)) is 
     amended to read as follows:
       ``(x) The term `Director' means the Director of Meat, 
     Poultry, and Eggs Inspection of the Meat, Poultry, and Eggs 
     Inspection Agency.''.
       (b) Repeal of References to Secretary of Agriculture.--
       (1) In general.--Except as provided in paragraph (2), such 
     Act is amended--
       (A) in the last sentence of section 2 (21 U.S.C. 1031), by 
     striking ``Secretary of Agriculture'' and inserting 
     ``Director of Meat, Poultry, and Eggs Inspection of the Meat, 
     Poultry, and Eggs Inspection Agency'';
       (B) in sections 4 (other than subsection (j)), 5, 6, 7, 8 
     (other than subsection (e)(8)), 9, 10, 12, 14, 15, 16, 17, 
     18, 19, 20, 22, 24, and 26 (21 U.S.C. 1033 et seq.), by 
     striking ``Secretary'' each place it appears and inserting 
     ``Director'';
       (C) in section 4(j) (21 U.S.C. 1033(j)), by striking 
     ``responsible Secretary'' and inserting ``Director or the 
     Secretary of Health and Human Services, as the case may 
     be,'';
       (D) in the last sentence of section 5(d) (21 U.S.C. 
     1034(d)), by striking ``said Secretaries'' and inserting 
     ``the Director or the Secretary of Health and Human 
     Services'';
       (E) in section 8(e)(8) (21 U.S.C. 1037(e)(8)), by striking 
     ``Secretary of Agriculture'' and inserting ``Director'';
       (F) in section 11 (21 U.S.C. 1040)--
       (i) by striking ``Secretary of Agriculture'' and inserting 
     ``Director''; and
       (ii) by striking ``either of said Secretaries'' and 
     inserting ``either the Director or the Secretary of Health 
     and Human Services'';
       (G) in section 13 (21 U.S.C. 1042), by striking ``Secretary 
     of Agriculture'' both places it appears and inserting 
     ``Director''; and
       (H) in subsections (c) and (d) of section 23 (21 U.S.C. 
     1052), by striking ``Secretary of Agriculture'' both places 
     it appears and inserting ``Director''.
       (2) Exceptions.--
       (A) In general.--Paragraph (1)(B) shall not apply to the 
     following uses of the term ``Secretary'' in such Act:
       (i) Section 5(d) (21 U.S.C. 1034(d)), the second place the 
     term appears.
       (ii) Section 5(e)(3) (21 U.S.C. 1034(e)(3)), both places 
     the term appears.
       (iii) Section 5(e)(5) (21 U.S.C. 1034(e)(5)), the second 
     place the term appears.
       (B) Obsolete references.--Sections 13 and 23(d) (21 U.S.C. 
     1042 and 1052(d)) are amended by striking ``Secretary of 
     Health, Education, and Welfare'' each place it appears and 
     inserting ``Secretary of Health and Human Services''.
       (c) Repeal of References to Department of Agriculture.--
     Such Act is amended--
       (1) in section 4(q) (21 U.S.C. 1033(q)), by striking 
     ``Department of Agriculture'' and inserting ``Meat, Poultry, 
     and Eggs Inspection Agency''; and
       (2) in section 26(a)(2)(C) (21 U.S.C. 1054(a)(2)(C)), by 
     striking ``Department of Agriculture'' and inserting ``Meat, 
     Poultry, and Eggs Inspection Agency''.

     SEC. 115. OFFICE OF INSPECTOR GENERAL OF THE AGENCY.

       (a) Treatment of Agency as a Designated Federal Entity.--
     Section 8G(a)(2) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by inserting ``the Meat, Poultry, and 
     Eggs Inspection Agency,'' after ``the Legal Services 
     Corporation,''.
       (b) Time for Establishment.--The Office of Inspector 
     General of the Agency required to be established by the 
     Director as a result of the amendment made by subsection (a) 
     shall be established not later than 180 days after the date 
     of enactment of this Act.
                       Subtitle C--Other Matters

     SEC. 121. DEFINITIONS.

       As used in this title:
       (1) Agency.--The term ``Agency'' means the Meat, Poultry, 
     and Eggs Inspection Agency established under section 101.
       (2) Director.--The term ``Director'' means the Director of 
     Meat, Poultry, and Eggs Inspection appointed under section 
     102(a).
       (3) Inspection laws.--The term ``inspection laws'' means--
       (A) the Federal Meat Inspection Act (21 U.S.C. 601 et 
     seq.);
       (B) the Poultry Products Inspection Act (21 U.S.C. 451 et 
     seq.); and
       (C) the Egg Products Inspection Act (21 U.S.C. 1031 et 
     seq.).
        TITLE II--EXPANSION OF FOODS COVERED BY INSPECTION LAWS

     SEC. 201. COVERAGE OF ADDITIONAL MEATS UNDER THE FEDERAL MEAT 
                   INSPECTION ACT.

       The Federal Meat Inspection Act is amended by inserting 
     after section 2 (21 U.S.C. 602) the following new section:

     ``SEC. 2A. COVERAGE OF ADDITIONAL MEATS.

       ``In addition to cattle, sheep, swine, goats, horses, 
     mules, and other equines covered by this Act, the Director 
     may extend the application of this Act to cover other animals 
     (such as deer, bison, and rabbits) intended for human 
     consumption.''.

     SEC. 202. COVERAGE OF ADDITIONAL POULTRY UNDER THE POULTRY 
                   PRODUCTS INSPECTION ACT.

       The Poultry Products Inspection Act is amended by inserting 
     after section 5 (21 U.S.C. 454) the following new section:

     ``SEC. 5A. COVERAGE OF ADDITIONAL POULTRY.

       ``In addition to chickens and turkeys covered by this Act, 
     the Director may extend the application of this Act to cover 
     other poultry (such as quail, pheasant, and squab) intended 
     for human consumption.''.
TITLE III--ESTABLISHMENT AND ENFORCEMENT OF SAFE COOKING STANDARDS FOR 
                       MEAT AND POULTRY PRODUCTS

     SEC. 301. ESTABLISHMENT OF SAFE COOKING STANDARDS.

       (a) Establishment.--The Director shall establish, by rule, 
     safe cooking standards for the preparation of meat and 
     poultry products, and foods containing meat and poultry 
     products, at restaurants and other retail food 
     establishments. The Director shall require that all meat and 
     poultry products, and foods containing meat and poultry 
     products, that require cooking or smoking shall be cooked to 
     heat all parts of the item to a temperature established in 
     the standards as sufficient to destroy potentially harmful 
     foodborne microorganisms.
       (b) Entities Subject to Safe Cooking Standards.--Each 
     restaurant or other retail food establishment operating in 
     the United States shall comply with the safe cooking 
     standards established pursuant to subsection (a), except that 
     the Director may exempt a restaurant or other retail food 
     establishment, or types of restaurants and other retail food 
     establishments, from the standards.
       (c) Exception to Compliance.--A restaurant or other retail 
     food establishment may deviate from the safe cooking standard 
     applicable to the cooking or smoking of a particular meat or 
     poultry product, or a food containing a meat or poultry 
     product, if a customer orders the item in an uncooked form or 
     to be prepared in a manner that necessitates a lower cooking 
     temperature than the standard.

     SEC. 302. ENFORCEMENT OF SAFE COOKING STANDARDS.

       (a) Enforcement.--The Director shall use the officers and 
     employees of the Meat, Poultry, and Eggs Inspection Agency to 
     enforce the safe cooking standards established under section 
     301(a).
       (b) Inspections.--To ensure compliance with the safe 
     cooking standards established under section 301(a), the 
     Director shall cause to be made, by inspectors appointed for 
     the purpose, an examination and inspection of the preparation 
     of meat and poultry products, and foods containing meat and 
     poultry products, at restaurants and other retail food 
     establishments subject to this title. The examination and 
     inspection shall be conducted with such frequency, and in 
     such manner, as the Director considers necessary, as provided 
     in rules issued by the Director. The Director shall take into 
     account such factors as the Director considers to be 
     appropriate, including--
       (1) the nature and frequency of the cooking operations at 
     the restaurant or other retail food establishment involved;
       (2) the adequacy and reliability of the cooking controls 
     and sanitary procedures at the restaurant or establishment; 
     and
       (3) the history of compliance with inspection requirements 
     in effect under this title by the operator of the restaurant 
     or establishment.
       (c) Access.--For purposes of any examination or inspection 
     under subsection (b), an inspector shall have access to every 
     part of a restaurant or other retail food establishment 
     subject to this title during operating hours of the 
     restaurant or establishment.

     SEC. 303. CIVIL PENALTY FOR VIOLATIONS OF SAFE COOKING 
                   STANDARDS.

       (a) Penalty.--A restaurant or other retail food 
     establishment subject to this title that violates a safe 
     cooking standard established under section 301(a) shall be 
     liable to the United States for a civil penalty assessed 
     under subsection (b) in an amount of not less than $100, but 
     not to exceed $1000, for each violation.
       (b) Assessment.--
       (1) Hearing.--A civil penalty payable under subsection (a) 
     may be assessed by the Director only on the record after an 
     opportunity for a hearing.
       (2) Subpoenas.--In connection with a hearing under 
     paragraph (1), the Secretary shall have the power to issue 
     subpoenas.

     SEC. 304. EFFECT ON STATE AND LOCAL LAWS.

       Nothing in this title precludes a State or local government 
     from establishing or enforcing any safe cooking standards for 
     the preparation of meat and poultry products, and foods 
     containing meat and poultry products, that are not in 
     conflict with the safe cooking standards established under 
     section 301(a).

     SEC. 305. WHISTLEBLOWER PROTECTION.

       (a) Protection.--No employee of a restaurant or other 
     retail food establishment subject to this title, and no other 
     person, may be harassed, prosecuted, held liable, or 
     discriminated against in any way because that employee or 
     other person--
       (1) has notified the Meat, Poultry, and Eggs Inspection 
     Agency of a violation or possible violation of a safe cooking 
     standard established under section 301(a); or
       (2) has testified, is about to testify, has assisted or 
     participated, or is about to assist or participate in a 
     proceeding or other action to enforce the standard.
       (b) Enforcement of Protections.--The process and procedures 
     specified in subsections (b), (c), and (d) of section 31105 
     of title 49, United States Code, shall apply with respect to 
     an alleged violation of subsection (a) of this section in the 
     same manner as such subsections apply to a violation of 
     subsection (a) or (b) of such section 405, except that any 
     reference to the Secretary of Labor in such subsections shall 
     be deemed to refer to the Secretary of Agriculture for 
     purposes of this subsection.

     SEC. 306. DEFINITIONS.

       As used in this title:
       (1) Director.--The term ``Director'' means the Director of 
     Meat, Poultry, and Eggs Inspection appointed under section 
     102(a).
       (2) Food.--The term ``food'' has the meaning provided in 
     section 201(f) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 321(f)).
       (3) Meat.--The term ``meat'' has the meaning provided the 
     term ``meat food product'' in section 1(j) of the Federal 
     Meat Inspection Act (21 U.S.C. 601(j)).
       (4) Poultry product.--The term ``poultry product'' has the 
     meaning provided in section 4(f) of the Poultry Products 
     Inspection Act (21 U.S.C. 453(f)).
       (5) Restaurant; other retail food establishment.--The terms 
     ``restaurant'' and ``other retail food establishment'' mean 
     any place at which meat or poultry products, or foods 
     containing meat or poultry products, are cooked or smoked for 
     retail sale to and consumption by a customer without 
     additional cooking by the customer, whether or not the 
     consumption occurs on the premises or elsewhere. The terms 
     include any central kitchen facility that cooks or smokes 
     meat or poultry products, or foods containing meat or poultry 
     products, that are ready to eat when the products or foods 
     leave the facility and are served in meals or as entrees sold 
     to customers at a restaurant owned or operated by the same 
     person, firm, or corporation owning or operating the 
     facility.
   TITLE IV--EPIDEMIOLOGICAL ACTIVITIES REGARDING FOODBORNE DISEASES

     SEC. 401. EPIDEMIOLOGICAL ACTIVITIES.

       Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.) is amended by inserting after section 
     317F the following new section:

     ``SEC. 317G. PREVENTION AND CONTROL OF FOODBORNE DISEASES.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     may carry out activities for the prevention and control of 
     foodborne diseases. The Secretary may carry out the 
     activities directly, and through grants to, and cooperative 
     agreements and contracts with, public and nonprofit private 
     entities.
       ``(b) Population-Based Surveillance Regarding Selected 
     Diseases.--
       ``(1) In general.--In carrying out subsection (a), the 
     Secretary, in collaboration with public and nonprofit private 
     entities, shall select specific populations and, with respect 
     to the selected populations, carry out the following 
     activities regarding foodborne diseases:
       ``(A) Monitor the incidence and prevalence of the diseases.
       ``(B) Carry out activities to identify the pathogenic 
     agents for the diseases.
       ``(C) Determine the extent to which various treatments are 
     effective responses to the agents so identified.
       ``(D) Carry out activities to determine the circumstances 
     under which individuals are at risk of the diseases.
       ``(E) Evaluate efforts to control the diseases.
       ``(F) Such other activities as the Secretary determines to 
     be appropriate.
       ``(2) Selection of diseases for study.--The Secretary shall 
     select the foodborne diseases with respect to which paragraph 
     (1) is to be carried out. For purposes of the preceding 
     sentence, the Secretary may select conditions that have, or 
     have not, been scientifically named, and may select 
     pathogenic agents.
       ``(c) Activities Regarding New and Emerging Foodborne 
     Pathogens.--In carrying out subsection (a), the Secretary, in 
     collaboration with States, shall carry out the following 
     activities regarding new and emerging foodborne pathogens:
       ``(1) Collect data on the incidence and prevalence of the 
     pathogens throughout the States.
       ``(2) Conduct epidemiological research on the pathogens, 
     including research to identify significant strains and 
     research to determine whether different strains can cause the 
     same foodborne disease.
       ``(3) Assist the States in developing the capability to 
     identify the pathogens.
       ``(4) Carry out demonstration projects for the control of 
     foodborne diseases caused by the pathogens, including 
     projects for disseminating information on the treatment of 
     the diseases.
       ``(5) Such other activities as the Secretary determines to 
     be appropriate.
       ``(d) Supplies and Services in Lieu of Financial 
     Assistance.--
       ``(1) In general.--On the request of a recipient of an 
     award of a grant, or a party that enters into a cooperative 
     agreement or contract, under this section, the Secretary may, 
     subject to paragraph (2), provide supplies, equipment, and 
     services for the purpose of aiding the recipient or party to 
     carry out the program involved. For the purpose, the 
     Secretary may detail to the recipient or party any officer or 
     employee of the Department of Health and Human Services.
       ``(2) Corresponding reduction in payments.--With respect to 
     a request described in paragraph (1), the Secretary shall 
     reduce the amount of payments under the award involved by an 
     amount equal to the costs of detailing officers and employees 
     and the fair market value of any supplies, equipment, or 
     services provided by the Secretary. The Secretary shall, for 
     the payment of expenses incurred in complying with the 
     request, expend the amounts withheld.
       ``(e) Technical Assistance.--The Secretary may provide 
     technical assistance to public and nonprofit private entities 
     with respect to the planning, development, and operation of 
     any program or service carried out pursuant to this section. 
     The Secretary may provide the technical assistance directly 
     or through grants, cooperative agreements, or contracts.
       ``(f) Authorizations of Appropriations.--
       ``(1) In general.--For the purpose of carrying out this 
     section other than activities under subsections (b) and (c), 
     there are authorized to be appropriated such sums as may be 
     necessary for each of fiscal years 1995 through 1999.
       ``(2) Population-based surveillance regarding selected 
     diseases.--For the purpose of carrying out subsection (b), 
     there are authorized to be appropriated $7,000,000 for fiscal 
     year 1995, and such sums as may be necessary for each of 
     fiscal years 1996 through 1999.
       ``(3) Activities regarding new and emerging foodborne 
     pathogens.--For the purpose of carrying out subsection (c), 
     there are authorized to be appropriated $5,000,000 for fiscal 
     year 1995, and such sums as may be necessary for each of 
     fiscal years 1996 through 1999.
       ``(4) Availability of funds for staffing.--The purposes for 
     which amounts appropriated under paragraph (1), (2), or (3) 
     may be expended shall include defraying costs incurred in 
     employing officers and employees of the Centers for Disease 
     Control and Prevention. Amounts available for a fiscal year 
     pursuant to the preceding sentence shall be in addition to 
     any other amounts that are available for the year for program 
     management regarding the Centers.''.
          TITLE V--RESEARCH ON TREATMENT OF FOODBORNE DISEASES

     SEC. 501. RESEARCH ON TREATMENT; NATIONAL INSTITUTE OF 
                   DIABETES AND DIGESTIVE AND KIDNEY DISEASES.

       Subpart 3 of part C of title IV of the Public Health 
     Service Act (42 U.S.C. 285c et seq.) is amended by adding at 
     the end the following new section:

     ``SEC. 434A. FOODBORNE DISEASES.

       ``(a) In General.--In carrying activities under section 
     426, the Director of the Institute shall conduct or support 
     activities regarding foodborne diseases, including research 
     on the treatment of the diseases.
       ``(b) Clinical Guidelines.--In carrying out subsection (a), 
     the Director of the Institute shall develop clinical 
     guidelines on the treatment of foodborne diseases.
       ``(c) Data System; Clearinghouse.--The activities of the 
     National Digestive Diseases Data System under section 427(b) 
     shall include activities regarding foodborne diseases. The 
     activities of the National Digestive Diseases Information 
     Clearinghouse under such section shall include activities 
     regarding foodborne diseases, including activities regarding 
     clinical guidelines developed under subsection 
     (b).''.
                                 ______

      By Mr. KENNEDY:
  S. 2352. A bill to amend the Public Health Service Act to reauthorize 
certain programs relating to the Substance Abuse and Mental Health 
Services Administration, and for other purposes; to the Committee on 
Labor and Human Resources.


 Mental Health and Substance Abuse Programs Reauthorization Act of 1994

  Mr. KENNEDY. Mr. President, I am pleased to introduce the Mental 
Health and Substance Abuse Programs Reauthorization Act of 1994. This 
bill would reauthorize a series of important Federal programs that 
constitute the Federal effort against mental illness and substance 
abuse, disorders that affect the lives and health of millions of 
Americans.
  An estimated 20 percent of American adults suffer from depression or 
other forms of mental illness each year, and at least 12 percent of 
children and adolescents have some degree of emotional disturbance. 
Substance abuse is a problem for an estimated 11 million Americans, 
many of whom are also at great risk of contracting AIDS, tuberculosis 
and other infectious diseases.
  The programs we are considering today support treatment for Americans 
with mental illness and substance abuse disorders. They also fund 
prevention programs, especially for children so they do not start using 
alcohol, tobacco or illegal drugs. And they support research, which 
informs us about the causes of these illnesses and what works in 
preventing and treating them.
  As my colleagues will remember, this bill is a followup to the 1992 
ADAMHA Reorganization Act, Public Law 102-321, a law that changed the 
way the Federal Government conducts and manages these activities. This 
important initiative transferred the three substance abuse and mental 
illness research institutes, the National Institute on Mental Health, 
the National Institute on Drug Abuse, and the National Institute on 
Alcoholism and Alcohol Abuse, to the National Institutes of Health. It 
then created a new agency--the Substance Abuse and Mental Health 
Services Administration--as a home for treatment and prevention 
activities, including the mental health and substance abuse block 
grants.
  In the near future, I believe we must comprehensively reexamine the 
new structure that we created to make sure that the research and 
service agencies are collaborating appropriately, and to determine how 
well the three transferred research institutes have been integrated 
into the NIH. We also made a series of decisions about the block grants 
in 1992, including a new formula, that may deserve further scrutiny in 
the future.
  But for two reasons, I do not believe that this is the right time to 
conduct a comprehensive, long-term review of these programs. First, the 
mission of these agencies and these programs may be altered 
significantly by the passage of health care reform. Many of us have 
worked hard to ensure that the health bill contains a generous benefit 
for mental health and substance abuse, and if that becomes a reality, 
the focus of the Federal public health programs will shift to ensuring 
integration of the public and private treatment delivery systems.
  It is difficult to ascertain the proper role of these Federal 
programs until we know how strong a mental health and substance abuse 
benefit is ultimately included in health care reform and how long it 
takes to achieve total parity between mental disorders and other 
medical disorders.
  Second, during the 2 years since we transferred the research 
institutes and created the services agency, there has been a change of 
administrations. The new leadership at HHS has not had an adequate 
opportunity to assess the current structure, and in fact the first 
permanent Administrator of the Substance Abuse and Mental Health 
Services Administration, Dr. Nelba Chavez, was only confirmed by the 
Senate last month. So we have not had an opportunity to see the agency 
operating at full strength, and it would be premature to evaluate its 
performance.
  As a result of these two considerations, Senator Kassebaum and I have 
decided to propose this simple 1 year reauthorization of the programs 
and to defer a more comprehensive reauthorization debate until next 
year. The 1 year reauthorization is necessary to assure that the 
programs are not disadvantaged in the ongoing appropriations process.
  I want to emphasize that this reauthorization does not signal my 
disapproval or the Labor Committee's disapproval of the hard-core 
substance abuse initiative proposed by the Clinton administration. I 
commend the President, Secretary Shalala and Drug Czar Lee Brown for 
focusing attention on the most severe cases of substance abuse. Hard-
core substance abuse affects society most directly in terms of crime, 
medical costs, lost productivity and infectious diseases. I hope and 
expect that States are currently focusing Federal resources on this 
target population, and I think we should codify that priority. But in 
the interest of moving forward with a simple 1 year reauthorization for 
the reasons described above, I have refrained from including this 
substantive proposal in the bill at this time.
  Indeed, there are only two substantive proposals in the bill. First, 
at the request of Senator Jeffords we are extending existing 
flexibility for States to allocate money between mental health and 
substance abuse. Second, we are repealing the obsolete Capacity 
Expansion Program.
  I know that some Members would like to raise other issues about these 
programs, including the formula allocations, and I assure my colleagues 
that they will have an opportunity to do so when we review these 
programs more comprehensively. In the meantime, I urge passage of this 
reauthorization proposal.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2352

       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 ``Mental Health and Substance 
     Abuse Programs Reauthorization Act of 1994''.

     SEC. 2. PROJECTS TO IMPROVE MATERNAL, INFANT, AND CHILD 
                   HEALTH.

       Section 399(r) of the Public Health Service Act (42 U.S.C. 
     280c-6(r)) is amended by inserting before the period the 
     following: ``, and such sums as may be necessary for fiscal 
     year 1995''.

     SEC. 3. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE 
                   ABUSERS.

       Section 399D(p)(1) of the Public Health Service Act (42 
     U.S.C. 280d(p)(1)) is amended by striking ``fiscal year 
     1994'' and inserting ``each of the fiscal years 1994 and 
     1995''.

     SEC. 4. NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM.

       Section 464H(d)(1) of the Public Health Service Act (42 
     U.S.C. 285n(d)(1)) is amended by striking ``fiscal year 
     1994'' and inserting ``each of the fiscal years 1994 and 
     1995''.

     SEC. 5. NATIONAL INSTITUTE ON DRUG ABUSE.

       Section 464L(d)(1) of the Public Health Service Act (42 
     U.S.C. 285o(d)(1)) is amended by striking ``fiscal year 
     1994'' and inserting ``each of the fiscal years 1994 and 
     1995''.

     SEC. 6. NIDA MEDICATION DEVELOPMENT PROGRAM.

       Section 464P(e) of the Public Health Service Act (42 U.S.C. 
     285o-4(e)) is amended--
       (1) by striking ``and $95,000,000'' and inserting 
     ``$95,000,000''; and
       (2) by inserting before the period the following: ``, and 
     such sums as may be necessary for fiscal year 1995''.

     SEC. 7. NATIONAL INSTITUTE OF MENTAL HEALTH.

       Section 464R(f)(1) of the Public Health Service Act (42 
     U.S.C. 285p(f)(1)) is amended by striking ``fiscal year 
     1994'' and inserting ``each of the fiscal years 1994 and 
     1995''.

     SEC. 8. GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.

       Section 501(m) of the Public Health Service Act (42 U.S.C. 
     290aa(m)) is amended by striking ``fiscal year 1994'' and 
     inserting ``each of the fiscal years 1994 and 1995''.

     SEC. 9. GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.

       Section 506(e) of the Public Health Service Act (42 U.S.C. 
     290aa-5(e)) is amended by striking ``fiscal year 1994'' and 
     inserting ``each of the fiscal years 1994 and 1995''.

     SEC. 10. RESIDENTIAL AND OUTPATIENT TREATMENT PROGRAMS FOR 
                   PREGNANT AND POSTPARTUM WOMEN.

       Section 508(r)(1) of the Public Health Service Act (42 
     U.S.C. 290bb-1(r)(1)) is amended by striking ``fiscal year 
     1994'' and inserting ``each of the fiscal years 1994 and 
     1995''.

     SEC. 11. DEMONSTRATION PROJECTS OF NATIONAL SIGNIFICANCE.

       Section 510(e)(1) of the Public Health Service Act (42 
     U.S.C. 290bb-3(e)(1)) is amended in the first sentence by 
     striking ``fiscal year 1994'' and inserting ``each of the 
     fiscal years 1994 and 1995''.

     SEC. 12. GRANTS FOR SUBSTANCE ABUSE TREATMENT IN STATE AND 
                   LOCAL CRIMINAL JUSTICE SYSTEMS.

       Section 511(d) of the Public Health Service Act (42 U.S.C. 
     290bb-4(d)) is amended by striking ``fiscal year 1994'' and 
     inserting ``each of the fiscal years 1994 and 1995''.

     SEC. 13. TRAINING IN PROVISION OF TREATMENT SERVICES.

       Section 512(d) of the Public Health Service Act (42 U.S.C. 
     290bb-5(d)) is amended by striking ``fiscal year 1994'' and 
     inserting ``each of the fiscal years 1994 and 1995''.

     SEC. 14. COMMUNITY PREVENTION PROGRAMS.

       Section 516(c) of the Public Health Service Act (42 U.S.C. 
     290bb-22(c)) is amended by striking ``fiscal year 1994'' and 
     inserting ``each of the fiscal years 1994 and 1995''.

     SEC. 15. PREVENTION, TREATMENT, AND REHABILITATION MODEL 
                   PROJECTS FOR HIGH RISK YOUTH.

       Section 517(h) of the Public Health Service Act (42 U.S.C. 
     290bb-23(h)) is amended by striking ``fiscal year 1994'' and 
     inserting ``each of the fiscal years 1994 and 1995''.

     SEC. 16. EMPLOYEE ASSISTANCE PROGRAMS.

       Section 518(e) of the Public Health Service Act (42 U.S.C. 
     290bb-24(e)) is amended by striking ``fiscal year 1994'' and 
     inserting ``each of the fiscal years 1994 and 1995''.

     SEC. 17. MENTAL HEALTH DEMONSTRATION PROJECTS.

       Section 520A(e)(1) of the Public Health Service Act (42 
     U.S.C. 290bb-32(e)(1)) is amended by striking ``fiscal year 
     1994'' and inserting ``each of the fiscal years 1994 and 
     1995''.

     SEC. 18. DEMONSTRATION PROJECTS FOR INDIVIDUALS WITH POSITIVE 
                   TEST RESULTS.

       Section 520B(j) of the Public Health Service Act (42 U.S.C. 
     290bb-33(j)) is amended by striking ``1994'' and inserting 
     ``1995''.

     SEC. 19. PROJECTS FOR ASSISTANCE IN TRANSITION FROM 
                   HOMELESSNESS.

       Section 535(a) of the Public Health Service Act (42 U.S.C. 
     290cc-35(a)) is amended by striking ``1994'' and inserting 
     ``1995''.

     SEC. 20. COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR 
                   CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES.

       Section 565(f)(1) of the Public Health Service Act (42 
     U.S.C. 290ff-4(f)(1)) is amended by striking ``fiscal year 
     1994'' and inserting ``fiscal year 1995''.

     SEC. 21. TRAUMA CENTERS OPERATING IN AREAS SEVERELY AFFECTED 
                   BY DRUG-RELATED VIOLENCE.

       Section 1245 of the Public Health Service Act (42 U.S.C. 
     300d-45) is amended in the first sentence by striking 
     ``fiscal year 1994'' and inserting ``each of the fiscal years 
     1994 and 1995''.

     SEC. 22. BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH SERVICES.

       Section 1920(a) of the Public Health Service Act (42 U.S.C. 
     300x-9(a)) is amended by striking ``fiscal year 1994'' and 
     inserting ``each of the fiscal years 1994 and 1995''.-

     SEC. 23. BLOCK GRANTS FOR PREVENTION AND TREATMENT OF 
                   SUBSTANCE ABUSE.

       Section 1935(a) of the Public Health Service Act (42 U.S.C. 
     300x-35(a)) is amended by striking ``fiscal year 1994'' and 
     inserting ``each of the fiscal years 1994 and 1995''.

     SEC. 24. CAPACITY EXPANSION.

       (a) Repeal.--Section 1971 of the Public Health Service Act 
     (42 U.S.C. 300y) is repealed.
       (b) Use of Appropriated Amounts.--Amounts appropriated for 
     capacity building activities under section 1971(j) of the 
     Public Health Service Act (42 U.S.C. 300y(j)), which remain 
     unexpended after the date of enactment of this Act, shall be 
     utilized as if appropriated under section 1935(a) of such 
     Act.

     SEC. 25. BLOCK GRANTS TO STATES REGARDING MENTAL HEALTH AND 
                   SUBSTANCE ABUSE.

       Section 205(b) of the ADAMHA Reauthorization Act (42 U.S.C. 
     300x(b) note) is amended--
       (1) in paragraph (1), by striking ``fiscal year 1993 or 
     1994'' and inserting ``any of the fiscal years 1993 through 
     1996''; and
       (2) in paragraph (2), by striking ``fiscal year 1993 or 
     1994'' and inserting ``any of the fiscal years 1993 through 
     1996''.

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