[Congressional Record Volume 149, Number 77 (Thursday, May 22, 2003)]
[Senate]
[Pages S6981-S6985]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Specter, Mr. Kohl, Mr. Durbin, 
        Mr. Feingold, Mrs. Clinton, and Mr. Schumer):
  S. 1103. A bill to clarify the authority of the Secretary of 
Agriculture to prescribe performance standards for the reduction of 
pathogens in meat, meat products, poultry, and poultry products 
processed by establishments receiving inspection services and to 
enforce the Hazard Analysis and Critical Control Point (HACCP) System 
requirements, sanitation requirements, and the performance standards; 
to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. HARKIN. Mr. President, today I am introducing the Meat and 
Poultry Pathogen Reduction Act of 2003. This legislation, commonly 
known as Kevin's Law, is dedicated to the memory of 2-year-old Kevin 
Kowalcyk, who died in 2001 after eating a hamburger contaminated with 
E.coli H7:0157 bacteria. Passage of this bill is vital because on 
December 6, 2001, the 5th Circuit Court of Appeals upheld and expanded 
an earlier District Court decision that removes the U.S. Department of 
Agriculture's, USDA, authority to enforce its Pathogen Performance 
Standard for Salmonella. The 5th Circuit's decision in Supreme Beef v. 
USDA, Supreme, seriously undermines the sweeping food safety changes 
adopted by USDA in its 1996 Hazard Analysis Critical Control Point and 
Pathogen Reduction, HACCP, rule.
  More recently, there was another court case that calls into question 
USDA's authority to enforce its microbiological performance standards. 
A company called Nebraska Beef sued USDA after the Department tried to 
shut down the plant for numerous alleged food safety violations. The 
judge in the case granted a temporary restraining order, preventing 
USDA to take enforcement action.
  According the 5th Circuit's opinion in Supreme and the Nebraska Beef 
decision, today, there is nothing USDA could do to shut down a meat 
grinding plant that insists on using low-quality, potentially 
contaminated trimmings. These decisions seriously undermine the new 
meat and poultry inspection system.
  The Pathogen Reduction Rule recognized that bacterial and viral 
pathogens were the foremost food safety threat in America, responsible 
for 5,000 deaths, 325,000 hospitalizations and 76 million illnesses 
each year. To address the threat of foodborne illness, USDA developed a 
modern inspection system based on two fundamental principles.
  The first was that industry has the primary responsibility to 
determine how to produce the safest products possible. Industry had to 
examine their plants and determine how to control contamination at 
every step of the food production process, from the moment a product 
arrives at their door until the moment it leaves their plant.
  The second, even more crucial principle was that plants nationwide 
must reduce levels of dangerous pathogens in meat and poultry products. 
To ensure the new inspection system accomplished this, USDA developed 
Pathogen Performance Standards. These standards provide targets for 
reducing pathogens and require all USDA-inspected facilities to meet 
them. Facilities failing to meet a standard are shut down until they 
create a corrective action plan to meet the standard.
  So far, USDA has only issued one Pathogen Performance Standard, for 
Salmonella. The vast majority of plants in the U.S. have been able to 
meet the new standard, so it is clearly workable. In addition, USDA 
reports that Salmonella levels for meat and poultry products have 
fallen substantially. Therefore the Salmonella standard has been 
successful. The 5th Circuit Court's and the Nebraska Beef decisions 
threaten to destroy this success and set our food safety system back 
years.
  The other major problem is we have an industry dead set on striking 
down USDA's authority to enforce meat and poultry pathogen standards. 
Ever since the original Supreme decision, I have spent untold hours 
trying to find a compromise that will allow us to ensure we have 
enforceable, science-based standards for pathogens in meat and poultry 
products. I have introduced bills to address this issue and I have even 
worked with industry leaders to reach a reasonable compromise.

  However, despite repeated attempts to address industry concerns, 
industry has continually backtracked and moved the finish line. Many 
times, I have made changes in my legislation to address their 
``pressing'' concern of the moment only to have them come back and say 
we hadn't gone far enough. We cannot let a few bullies in the meat and 
poultry industry place our children, our families at a increased risk 
of getting ill or dying, because some of the industry want to backtrack 
on food safety.
  In addition, the recent announcement that a cow in Alberta, Canada 
tested positive for bovine spongiform encephalopathy, BSE, otherwise 
known as ``mad cow disease'', provoked the U.S. government to 
immediately close the U.S.-Canadian border for the trade at beer and 
beef products. I applaud the current Administration for taking this 
action to ensure the safety of our Nation's food supply until more 
information is made available about the true extent of the problem.
  And without downplaying the seriousness of that horrible disease, I 
think its necessary to look at the impact of BSE in light of other food 
borne illnesses. Researchers believe that BSE is linked to variable 
Creutzfeldt-Jakob,

[[Page S6982]]

vCJD, disease. Since its onset in Britain in 1995, 129 people have died 
worldwide from vCJD. Foodborne pathogens, on the other hand, have cause 
5000 deaths, 125,000 hospitalizations, and 76 million illnesses each 
year. The numbers speak for themselves.
  The swift and comprehensive response provoked by a single diseased 
cow in a neighboring country stands in stark contrast to the way our 
government currently responds to outbreaks of foodbornes illness in our 
country today. USDA has the ability to shut down the trade from the 
biggest importer of beef into out country on suspicions of possible 
food safety problems, but cannot even temporarily shut down one plant 
that USDA knows has problems.
  I plan to seek every opportunity to get this language enacted. I 
think it is essential, both to ensuring the modernization of our food 
safety system, and ensuring consumers that we are making progress in 
reducing dangerous pathogens.
  I hope that both parties, and both houses of Congress will be able to 
act to pass this legislation without delay. The public's confidence in 
our meat and poultry inspection system is at stake.
  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. 1103

       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 ``Meat and Poultry Pathogen 
     Reduction and Enforcement Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the primary purpose of the Federal meat and poultry 
     inspection program is to protect public health;
       (2) the Centers for Disease Control and Prevention report 
     that human pathogens found in raw and cooked meat, meat 
     products, poultry, and poultry products are a significant 
     source of foodborne illness;
       (3) to reduce the public health burden of foodborne 
     illness, the Federal meat and poultry inspection system 
     should focus on reducing the risk of foodborne illness 
     associated with the presence of foodborne pathogens through--
       (A) establishment and enforcement of performance standards 
     for the reduction of pathogens in meat, meat products, 
     poultry, and poultry products processed by establishments 
     receiving inspection services; and
       (B) enforcement of the Hazard Analysis and Critical Control 
     Point (HACCP) System requirements and sanitation 
     requirements;
       (4) good public health practice requires controlling 
     pathogens as close as practicable to the initial source of 
     contamination to reduce pathogens and prevent foodborne 
     illness;
       (5) there is a need for strong safeguards at slaughter 
     establishments during the slaughter and processing of meat 
     and poultry products because those establishments are where 
     pathogen contamination often originates;
       (6) while proper handling and cooking of meat and poultry 
     products can virtually eliminate the risk of foodborne 
     illness from the consumption of meat and poultry, the 
     presence of pathogens in raw meat and poultry products leads 
     to cross-contamination of other foods and surrounding 
     surfaces;
       (7) to reduce the risk of foodborne illness and protect 
     public health, regulatory authorities and all parties 
     involved in the production and handling of meat, meat 
     products, poultry, or poultry products should make a 
     concerted effort to reduce, to the maximum extent 
     practicable, contamination by pathogens using the best 
     available scientific information and appropriate technology;
       (8) the distribution of meat, meat products, poultry, or 
     poultry products that contain human pathogens--
       (A) impairs the effective regulation of wholesome meat, 
     meat products, poultry, or poultry products in interstate and 
     foreign commerce; and
       (B) destroys markets for wholesome products;
       (9) all articles and other animals that are subject to this 
     Act and the amendments made by this Act are either in or 
     substantially affect interstate or foreign commerce; and
       (10) regulation by the Secretary of Agriculture and 
     cooperation by the States are necessary to prevent or 
     eliminate burdens on interstate or foreign commerce and to 
     protect the health and welfare of consumers.

     SEC. 3. PATHOGEN PERFORMANCE STANDARDS.

       (a) Meat and Meat Products.--The Federal Meat Inspection 
     Act (21 U.S.C. 601 et seq.) is amended by inserting after 
     section 8 (21 U.S.C. 608) the following:

     ``SEC. 8A. PATHOGEN PERFORMANCE STANDARDS.

       ``(a) In General.--In order to protect the public health 
     and promote food safety, the Secretary shall prescribe 
     performance standards for the reduction of pathogens in raw 
     meat and meat products processed by each establishment 
     receiving inspection services under this Act.
       ``(b) List of Pathogens.--
       ``(1) In general.--In consultation with the Secretary of 
     Health and Human Services, and taking into account data 
     available from the Centers for Disease Control and 
     Prevention, the Secretary shall identify the pathogens that 
     make a significant contribution to the total burden of 
     foodborne disease associated with meat and meat products.
       ``(2) Publication; updates.--The Secretary shall--
       ``(A) publish a list of the pathogens described in 
     paragraph (1) not later than 60 days after the date of 
     enactment of this section; and
       ``(B) update and publish the list annually thereafter.
       ``(c) Pathogen Surveys.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall initiate 
     comprehensive, statistically representative surveys to 
     determine the current levels and incidence of contamination 
     of raw meat and meat products with the pathogens listed under 
     subsection (b), including the variation in levels and 
     incidence of contamination among establishments.
       ``(2) Publication.--Not later than 2 years after the date 
     of enactment of this section, the Secretary shall compile, 
     and publish in the Federal Register, the results of the 
     surveys.
       ``(3) Updates.--At least once every 3 years after the 
     preceding surveys are conducted, the Secretary shall--
       ``(A) conduct surveys described in paragraph (1); and
       ``(B) compile and publish the results of the surveys in 
     accordance with paragraph (2).
       ``(d) Pathogen Reduction Performance Standards.--
       ``(1) In general.--The pathogen reduction performance 
     standards required under subsection (a) shall ensure the 
     lowest level or incidence of contamination that is reasonably 
     achievable using the best available processing technology and 
     practices.
       ``(2) Current contamination.--In determining what is 
     reasonably achievable, the Secretary shall consider data on 
     current levels or incidence of contamination, including what 
     is being achieved by establishments in the upper quartile of 
     performance in controlling the level or incidence of 
     contamination.
       ``(3) Initial pathogens.--Not later than 3 years after the 
     date of enactment of this section, the Secretary shall 
     propose pathogen reduction performance standards for at least 
     2 pathogens from the list published under subsection (b).
       ``(4) Subsequent pathogens.--Not later than 1 year after 
     proposing pathogen reduction standards for the initial 
     pathogens under paragraph (3), and each year thereafter, the 
     Secretary shall propose a pathogen reduction performance 
     standard for at least 1 pathogen each year from the list 
     published under subsection (b) until standards have been 
     proposed for all pathogens on the list.
       ``(5) Final standards.--Not later than 1 year after 
     proposing a pathogen reduction standard for a pathogen under 
     this subsection, the Secretary shall promulgate a final 
     pathogen reduction standard for the pathogen.
       ``(6) Zero-tolerance standards.--Nothing in this section 
     affects the authority of the Secretary to establish a zero-
     tolerance pathogen reduction performance standard.
       ``(e) Review of Standards.--
       ``(1) In general.--Not later than 3 years after 
     promulgation of a final pathogen reduction performance 
     standard for a pathogen under subsection (d)(5), the 
     Secretary shall review the standard to determine whether the 
     standard continues to ensure the lowest level or incidence of 
     contamination that is reasonably achievable using the best 
     available processing technology and practices, taking into 
     account the most recent survey conducted under subsection 
     (c).
       ``(2) Revisions.--The Secretary shall revise the standard, 
     as necessary, to comply with subsection (d).
       ``(f) Enforcement.--
       ``(1) In general.--The Secretary shall conduct regular 
     microbial testing in establishments producing raw meat and 
     meat products to determine compliance with the pathogen 
     reduction performance standards promulgated under this 
     section.
       ``(2) Inspections.--If the Secretary determines that an 
     establishment fails to meet a standard promulgated under 
     subsection (d) and that the establishment fails to take 
     appropriate corrective action, as determined by the 
     Secretary, the Secretary shall refuse to allow any meat or 
     meat product subject to the standard and processed by the 
     establishment to be labeled, marked, stamped or tagged as 
     `inspected and passed'.
       ``(g) Report on Health-Based Pathogen Performance 
     Standards.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary, in consultation 
     with the Secretary of Health and Human Services, shall submit 
     to Congress a report on the scientific feasibility of 
     establishing health-based performance standards for pathogens 
     in raw meat and meat products.
       ``(2) Factors.--In preparing the report, the Secretary 
     shall consider--
       ``(A) the scientific feasibility of determining safe levels 
     for pathogens in raw meat and meat products;

[[Page S6983]]

       ``(B) the scientific and public health criteria that are 
     relevant to determining the safe levels; and
       ``(C) other factors determined by the Secretary.
       ``(h) Relationship to Adulteration Provisions.--Nothing in 
     this section affects the applicability to pathogens of the 
     provisions of this Act relating to adulteration.''.
       (b) Poultry and Poultry Products.--The Poultry Products 
     Inspection Act (21 U.S.C. 451 et seq.) is amended by 
     inserting after section 7 (21 U.S.C. 456) the following:

     ``SEC. 7A. PATHOGEN PERFORMANCE STANDARDS.

       ``(a) In General.--In order to protect the public health 
     and promote food safety, the Secretary shall prescribe 
     pathogen performance standards for the reduction of pathogens 
     in raw poultry and poultry products processed by each 
     establishment receiving inspection services under this Act.
       ``(b) List of Pathogens.--
       ``(1) In general.--In consultation with the Secretary of 
     Health and Human Services, and taking into account data 
     available from the Centers for Disease Control and 
     Prevention, the Secretary shall identify the pathogens that 
     make a significant contribution to the total burden of 
     foodborne disease associated with poultry and poultry 
     products.
       ``(2) Publication; updates.--The Secretary shall--
       ``(A) publish a list of the pathogens described in 
     paragraph (1) not later than 60 days after the date of 
     enactment of this section; and
       ``(B) update and publish the list annually thereafter.
       ``(c) Pathogen Surveys.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall initiate 
     comprehensive, statistically representative surveys to 
     determine the current levels and incidence of contamination 
     of raw poultry and poultry products with the pathogens listed 
     under subsection (b), including the variation in levels and 
     incidence of contamination among establishments.
       ``(2) Publication.--Not later than 2 years after the date 
     of enactment of this section, the Secretary shall compile, 
     and publish in the Federal Register, the results of the 
     surveys.
       ``(3) Updates.--At least once every 3 years after the 
     preceding surveys are conducted, the Secretary shall--
       ``(A) conduct surveys described in paragraph (1); and
       ``(B) compile and publish the results of the surveys in 
     accordance with paragraph (2).
       ``(d) Pathogen Reduction Performance Standards.--
       ``(1) In general.--The pathogen reduction performance 
     standards required under subsection (a) shall ensure the 
     lowest level or incidence of contamination that is reasonably 
     achievable using the best available processing technology and 
     practices.
       ``(2) Current contamination.--In determining what is 
     reasonably achievable, the Secretary shall consider data on 
     current levels or incidence of contamination, including what 
     is being achieved by establishments in the upper quartile of 
     performance in controlling the level or incidence of 
     contamination.
       ``(3) Initial pathogens.--Not later than 3 years after the 
     date of enactment of this section, the Secretary shall 
     propose pathogen reduction performance standards for at least 
     2 pathogens from the list published under subsection (b).
       ``(4) Subsequent pathogens.--Not later than 1 year after 
     proposing pathogen reduction standards for the initial 
     pathogens under paragraph (3), and each year thereafter, the 
     Secretary shall propose a pathogen reduction performance 
     standard for at least 1 pathogen each year from the list 
     published under subsection (b) until standards have been 
     proposed for all pathogens on the list.
       ``(5) Final standards.--Not later than 1 year after 
     proposing a pathogen reduction standard for a pathogen under 
     this subsection, the Secretary shall promulgate a final 
     pathogen reduction standard for the pathogen.
       ``(6) Zero-tolerance standards.--Nothing in this section 
     affects the authority of the Secretary to establish a zero-
     tolerance pathogen reduction performance standard.
       ``(e) Review of Standards.--
       ``(1) In general.--Not later than 3 years after 
     promulgation of a final pathogen reduction performance 
     standard for a pathogen under subsection (d)(5), the 
     Secretary shall review the standard to determine whether the 
     standard continues to ensure the lowest level or incidence of 
     contamination that is reasonably achievable using the best 
     available processing technology and practices, taking into 
     account the most recent survey conducted under subsection 
     (c).
       ``(2) Revisions.--The Secretary shall revise the standard, 
     as necessary, to comply with subsection (d).
       ``(f) Enforcement.--
       ``(1) In general.--The Secretary shall conduct regular 
     microbial testing in establishments producing raw poultry and 
     poultry products to determine compliance with the pathogen 
     reduction performance standards promulgated under this 
     section.
       ``(2) Inspections.--If the Secretary determines that an 
     establishment fails to meet a standard promulgated under 
     subsection (d) and that the establishment fails to take 
     appropriate corrective action, as determined by the 
     Secretary, the Secretary shall refuse to allow any poultry or 
     poultry product subject to the standard and processed by the 
     establishment to be labeled, marked, stamped or tagged as 
     `inspected and passed'.
       ``(g) Report on Health-Based Pathogen Performance 
     Standards.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary, in consultation 
     with the Secretary of Health and Human Services, shall submit 
     to Congress a report on the scientific feasibility of 
     establishing health-based performance standards for pathogens 
     in raw poultry and poultry products.
       ``(2) Factors.--In preparing the report, the Secretary 
     shall consider--
       ``(A) the scientific feasibility of determining safe levels 
     for pathogens in raw poultry and poultry products;
       ``(B) the scientific and public health criteria that are 
     relevant to determining the safe levels; and
       ``(C) other factors determined by the Secretary.
       ``(h) Relationship to Adulteration Provisions.--Nothing in 
     this section affects the applicability to pathogens of the 
     provisions of this Act relating to adulteration.''.

     SEC. 4. NATIONAL ADVISORY COMMITTEE FOR MICROBIOLOGY CRITERIA 
                   FOR FOODS.

       (a) Establishment.--
       (1) In general.--In consultation with the Secretary of 
     Health and Human Services, the Secretary of Agriculture 
     (referred to in this section as the ``Secretary'') shall 
     establish a National Advisory Committee for Microbiology 
     Criteria for Foods (referred to in this section as the 
     ``Committee'').
       (2) Administration.--The Committee shall report to--
       (A) the Secretary of Agriculture, acting through the Under 
     Secretary for Food Safety; and
       (B) the Secretary of Health and Human Services, acting 
     through the Assistant Secretary for Health.
       (b) Membership.--
       (1) Composition.--The Committee shall be composed of not 
     fewer than 9 nor more than 15 members appointed by the 
     Secretary, including a Chairperson designated by the 
     Secretary.
       (2) Qualifications.--In appointing members of the 
     Committee, the Secretary shall appoint individuals who--
       (A) are qualified by education, training, and experience to 
     evaluate scientific and technical information on matters 
     referred to the Committee; and
       (B) to the maximum extent practicable, represent the fields 
     of microbiology, risk assessment, epidemiology, public 
     health, food science, veterinary medicine, and other relevant 
     disciplines.
       (3) Prohibition on federal government employment.--A member 
     of the Committee appointed under paragraph (1) shall not be 
     an employee of the Federal Government.
       (4) Date of appointments.--The appointment of an initial 
     member of the Committee shall be made not later than 90 days 
     after the date of enactment of this Act.
       (5) Term.--A member of the Committee shall be appointed for 
     a term established by the Secretary.
       (c) Meetings.--
       (1) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Committee have been appointed, 
     the Committee shall hold the initial meeting of the 
     Committee.
       (2) Meetings.--The Committee shall meet at the call of the 
     Chairperson, in consultation with the Secretary.
       (3) Quorum.--A majority of the members of the Committee 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (4) Conflicts of interest.--
       (A) In general.--Notwithstanding sections 201 through 209 
     of title 18, United States Code, a conflict of interest 
     involving the appointment of a member of the Committee shall 
     be waived under section 208(b)(3) of that title only if the 
     member with the conflict of interest is essential to the 
     completion of the work of the Committee.
       (B) Voting.--Notwithstanding subparagraph (A), a member of 
     the Committee with a conflict of interest on a matter before 
     the Committee shall not be allowed to vote on the matter.
       (d) Duties.--
       (1) In general.--The Committee shall provide such 
     independent, impartial, scientific advice to Federal food 
     safety agencies as may be requested by the Secretary for use 
     in the development of an integrated national food safety 
     systems approach from farm-to-final consumption to ensure the 
     safety of domestic, imported, and exported foods and reduce 
     the public health burden of foodborne illness.
       (2) Food safety standards and regulations.--
       (A) In general.--At the time at which the Secretary submits 
     to any Federal agency for formal review and comment any 
     standard or regulation proposed under the Federal Meat 
     Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products 
     Inspection Act (21 U.S.C. 451 et seq.), or any program 
     administered by the Under Secretary for Food Safety, the 
     Secretary shall make available to the Committee--
       (i) the standard or regulation; and
       (ii) relevant scientific and technical information 
     possessed by the Secretary on which the proposed standard or 
     regulation is based.
       (B) Advice and comments.--Not later than a date specified 
     by the Secretary that is not

[[Page S6984]]

     later than 90 days after receipt of the standard or 
     regulation, the Committee may make available to the Secretary 
     the advice and comments of the Committee on the adequacy of 
     the scientific and technical basis for the proposed standard 
     or regulation, together with any additional information the 
     Committee considers appropriate.
       (C) Contemporaneous review.--To the maximum extent 
     practicable, the review by the Committee under subparagraph 
     (A) shall be conducted contemporaneously with review by other 
     Federal agencies.
       (e) Powers.--
       (1) Hearings.--The Committee may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Committee considers advisable to 
     carry out this section.
       (2) Information from federal agencies.--
       (A) In general.--The Committee may secure directly from a 
     Federal agency such information as the Committee considers 
     necessary to carry out this section.
       (B) Provision of information.--On request of the 
     Chairperson of the Committee, the head of the agency shall 
     provide the information to the Committee.
       (3) Subcommittees and investigative panels.--
       (A) In general.--The Committee may establish such 
     subcommittees and investigative panels as the Secretary and 
     the Committee determine necessary to carry out this section.
       (B) Chairperson.--Each subcommittee and investigative panel 
     shall be chaired by a member of the Committee.
       (4) Postal services.--The Committee may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (5) Gifts.--The Committee may accept, use, and dispose of 
     gifts or donations of services or property.
       (f) Committee Personnel Matters.--
       (1) Compensation of members.--A member of the Committee 
     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 Committee.
       (2) Travel expenses.--A member of the Committee 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 
     Committee.
       (3) Staff.--
       (A) In general.--The Chairperson of the Committee may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Committee to perform the duties of the Committee.
       (B) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Committee.
       (C) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Chairperson of the Committee 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 V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (4) Procurement of temporary and intermittent services.--
     The Chairperson of the Committee 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 V of the Executive Schedule under 
     section 5316 of that title.
       (g) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     such sums as are necessary to carry out this section, to 
     remain available until expended.
       (2) Existing funds.--Any funds that are available to the 
     National Advisory Committee on Microbiological Criteria in 
     existence on the date of enactment of this Act shall be made 
     available to the Committee.

     SEC. 5. ENFORCEMENT OF HACCP AND SANITATION REQUIREMENTS.

       (a) In General.--The Secretary of Agriculture shall enforce 
     the Hazard Analysis and Critical Control Point (HACCP) System 
     requirements established under part 417 of title 9, Code of 
     Federal Regulations (or successor regulations), and the 
     sanitation requirements established under part 416 of title 
     9, Code of Federal Regulations (or successor regulations), in 
     any official establishment.
       (b) Enforcement.--
       (1) In general.--If the Secretary determines that an 
     establishment fails to meet a requirement described in 
     subsection (a) and that the establishment fails to take 
     appropriate corrective action, as determined by the 
     Secretary, the Secretary may refuse to allow any meat or meat 
     product, or poultry or poultry product, subject to the 
     standard and processed by the establishment to be labeled, 
     marked, stamped or tagged as ``inspected and passed''.
       (2) Additional authority.--The authority provided under 
     paragraph (1) is in addition to any other authority the 
     Secretary may have to enforce the requirements of this 
     section.

     SEC. 6. REGULATIONS.

       (a) In General.--Consistent with section 553 of title 5, 
     United States Code, the Secretary of Agriculture shall have 
     the authority to enforce the pathogen performance standards 
     of the Secretary in accordance with the Federal Meat 
     Inspection Act (21 U.S.C. 601 et seq.) and the Poultry 
     Products Inspection Act (21 U.S.C. 451 et seq.).
       (b) Challenges.--Subsection (a) does not prevent a 
     challenge to the standards described in subsection (a) on any 
     basis other than the basis that the Secretary lacks the 
     authority to issue and enforce pathogen performance standards 
     promulgated in accordance with section 553 of title 5, United 
     States Code.
       (c) Effective Date.--This section takes effect on January 
     1, 2000.

  Mr. DURBIN. Mr. President, I am pleased to join Senator Harkin today 
in introducing Kevin's Law, which is an essential piece of legislation 
that will clarify the U.S. Department of Agriculture's authority to 
enforce pathogen reduction standards in meat and poultry products.
  Our country has been blessed with one of the safest and most abundant 
food supplies in the world. However, we can do better. While food may 
never be completely free of risk, we must strive to make our food as 
safe as possible. Foodborne illnesses and hazards are still a 
significant problem that cannot be passively dismissed.
  The Centers for Disease Control and Prevention estimate as many as 76 
million people suffer from foodborne illnesses each year. Of those 
individuals, approximately 325,000 will be hospitalized and more than 
5,000 will die. With emerging pathogens, broader distribution patterns, 
an increasing volume of food imports, and changing consumption 
patterns, this situation is not likely to improve without decisive 
action.
  Foodborne illnesses can have devastating effects on certain 
populations in our society. Children are especially vulnerable. Because 
their immune systems are not fully developed, they are at greater risk 
for developing life-threatening or fatal complications associated with 
foodborne illnesses. Quite simply, a child's lower weight means that it 
takes a smaller quantity of pathogens to make a child sick than it 
would a healthy adult. The elderly and those with compromised immune 
systems are also at high risk for developing life-threatening 
conditions associated with foodborne illnesses.
  A key tool for addressing foodborne illness in this country has been 
the USDA's pathogen reduction/hazard analysis and critical control 
point, PR/HACCP, regulations that were phased in beginning in January 
1998. Under these regulations, USDA developed a scientific approach 
aimed at protecting consumers from foodborne pathogens. Instead of a 
system based on sight, smell, and touch, USDA moved to a system that 
would successfully detect harmful pathogens whether visible or not.
  A major part of this system includes testing for harmful pathogens, 
such as salmonella. USDA uses the data from this testing to determine 
if meat and poultry plants are producing products that are safe to 
consume.
  USDA's pathogen testing regulations have provided consumers with 
increased confidence in the safety of meat and poultry products. 
However, in December of 2001, the Fifth Circuit Court of Appeals upheld 
an earlier district court decision that removes the USDA's authority to 
enforce its pathogen standards for salmonella. The result of this court 
case is that USDA can no longer ensure that meat and poultry plants 
comply with pathogen standards. This creates a significant risk that 
meat and poultry products contaminated with common but potentially 
deadly pathogens will be sold to unsuspecting consumers.
  The legislation we are introducing today will clarify USDA's 
authority to enforce strong safety standards for contamination in meat 
and poultry products. Specifically, this legislation will provide the 
Secretary of Agriculture with the clear authority to control for 
pathogens and enforce pathogen performance standards for meat and 
poultry products. Only with this authority will the Secretary of 
Agriculture be able to ensure the safety of the meat and poultry 
products sold in this country.
  We must work together to ensure that USDA has the necessary authority

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to enforce pathogen performance standards that will protect public 
health. Let's not turn our back on food safety and consumer protection 
at such a critical time for food safety and security. I encourage my 
colleagues to join this effort to protect our food supply and public 
health.
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