[Congressional Record Volume 153, Number 163 (Thursday, October 25, 2007)]
[Senate]
[Pages S13457-S13459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 2245. A bill to establish a comission to ensure food safety in the 
United States, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2245

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. CONGRESSIONAL BIPARTISAN FOOD SAFETY COMMISSION.

       (a) Commission.--
       (1) Establishment.--
       (A) In general.--There is established a commission to be 
     known as the ``Congressional Bipartisan Food Safety 
     Commission'' (referred to in this Act as the ``Commission'').
       (B) Purpose.--The purpose of the Commission shall be to act 
     in a bipartisan, consensus-driven fashion--
       (i) to review the food safety system of the United States;
       (ii) to prepare a report that--

       (I) summarizes information about the food safety system as 
     in effect as of the date of enactment of this Act; and
       (II) makes recommendations on ways--

       (aa) to modernize the food safety system of the United 
     States;
       (bb) to harmonize and update food safety statutes;
       (cc) to improve Federal, State, local, and interagency 
     coordination of food safety personnel, activities, budgets, 
     and leadership;
       (dd) to best allocate scarce resources according to risk;
       (ee) to ensure that regulations, directives, guidance, and 
     other standards and requirements are based on best-available 
     science and technology;
       (ff) to emphasize preventative rather than reactive 
     strategies; and
       (gg) to provide to Federal agencies funding mechanisms 
     necessary to effectively carry out food safety 
     responsibilities; and
       (iii) to draft specific statutory language, including 
     detailed summaries of the language and budget 
     recommendations, that would implement the recommendations of 
     the Commission.
       (2) Membership.--
       (A) Composition.--The Commission shall be composed of 19 
     members.
       (B) Eligibility.--Members of the Commission shall--
       (i) have specialized training, education, or significant 
     experience in at least 1 of the areas of--

       (I) food safety research;
       (II) food safety law and policy; and
       (III) program design and implementation;

       (ii) consist of--

       (I) the Secretary of Agriculture (or a designee);
       (II) the Secretary of Health and Human Services (or a 
     designee);
       (III) 1 Member of the House of Representatives; and
       (IV) 1 Member of the Senate; and
       (V) 15 additional members that include, to the maximum 
     extent practicable, representatives of--

       (aa) consumer organizations;
       (bb) agricultural and livestock production;
       (cc) public health professionals;
       (dd) State regulators;
       (ee) Federal employees; and
       (ff) the livestock and food manufacturing and processing 
     industry.
       (C) Appointments.--
       (i) In general.--The appointment of the members of the 
     Commission shall be made not later than 60 days after the 
     date of enactment of this Act.
       (ii) Certain appointments.--Of the members of the 
     Commission described in subparagraph (B)(ii)(V)--

       (I) 2 shall be appointed by the President;
       (II) 7 shall be appointed by a working group consisting 
     of--

       (aa) the Chairman of each of the Committee on Agriculture, 
     Nutrition, and Forestry and the Committee on Health, 
     Education, Labor, and Pensions of the Senate;
       (bb) the Chairman of each of the Committee on Agriculture 
     and the Committee on Energy and Commerce of the House of 
     Representatives;
       (cc) the Speaker of the House of Representatives; and
       (dd) the Majority Leader of the Senate; and

       (III) 6 shall be appointed by a working group consisting 
     of--

       (aa) the Ranking Member of each of the Committees described 
     in items (aa) and (bb) of subclause (II);
       (bb) the Minority Leader of the House of Representatives; 
     and
       (cc) the Minority Leader of the Senate.
       (D) Term.--A member of the Commission shall be appointed 
     for the life of the Commission.
       (E) Vacancies.--A vacancy on the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled in the same manner as the original 
     appointment was made.
       (3) Meetings.--
       (A) Initial meeting.--Except as provided in subparagraph 
     (B), the initial meeting of the Commission shall be conducted 
     in Washington, District of Columbia, not later than 30 days 
     after the date of appointment of the final member of the 
     Commission under paragraph (2)(C).
       (B) Meeting for partial appointment.--If, as of the date 
     that is 90 days after the date of enactment of this Act, all 
     members of the Commission have not been appointed under 
     paragraph (2)(C), but at least 8 members have been appointed, 
     the Commission may hold the initial meeting of the 
     Commission.
       (C) Other meetings.--The Commission shall--
       (i) hold a series of at least 5 stakeholder meetings to 
     solicit public comment, including--

       (I) at least 1 stakeholder meeting, to be held in 
     Washington, District of Columbia; and

[[Page S13458]]

       (II) at least 4 stakeholder meetings, to be held in various 
     regions of the United States; and

       (ii) meet at the call of--

       (I) the Chairperson;
       (II) the Vice-Chairperson; or
       (III) a majority of the members of the Commission.

       (D) Public participation; information.--To the maximum 
     extent practicable--
       (i) each meeting of the Commission shall be open to the 
     public; and
       (ii) all information from a meeting of the Commission shall 
     be recorded and made available to the public.
       (E) Quorum.--With respect to meetings of the Commission--
       (i) a majority of the members of the Commission shall 
     constitute a quorum for the conduct of business of the 
     Commission; but
       (ii) for the purpose of a stakeholder meeting described in 
     subparagraph (C)(i), 4 or more members of the Commission 
     shall constitute a quorum.
       (F) Facilitator.--The Commission shall contract with a 
     nonpolitical, disinterested third-party entity to serve as a 
     meeting facilitator.
       (4) Chairperson and vice-chairperson.--At the initial 
     meeting of the Commission, the members of the Commission 
     shall select from among the members a Chairperson and Vice-
     Chairperson of the Commission.
       (b) Duties.--
       (1) Recommendations.--The Commission shall review and 
     consider the statutes, studies, and reports described in 
     paragraph (2) for the purpose of understanding the food 
     safety system of the United States in existence as of the 
     date of enactment of this Act.
       (2) Statutes, studies, and reports.--The statutes, studies, 
     and reports referred to in paragraph (1) are--
       (A) with respect with respect to laws administered by the 
     Secretary of Agriculture--
       (i) the Federal Seed Act (7 U.S.C. 1551 et seq.);
       (ii) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 
     et seq.);
       (iii) the Animal Health Protection Act (7 U.S.C. 8301 et 
     seq.);
       (iv) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
     seq.);
       (v) the Poultry Products Inspection Act (21 U.S.C. 451 et 
     seq.);
       (vi) the Federal Meat Inspection Act (21 U.S.C. 601 et 
     seq.); and
       (vii) the Egg Products Inspection Act (21 U.S.C. 1031 et 
     seq.);
       (B) with respect to laws administered by the Secretary of 
     the Treasury, the Federal Alcohol Administration Act (27 
     U.S.C. 201 et seq.);
       (C) with respect to laws administered by the Federal Trade 
     Commission, the Act of September 26, 1914 (15 U.S.C. 41 et 
     seq.);
       (D) with respect to laws administered by the Secretary of 
     Health and Human Services--
       (i) chapters I through IV of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.);
       (ii) the Public Health Service Act (42 U.S.C. 201 et seq.);
       (iii) the Import Milk Act (21 U.S.C. 141 et seq.);
       (iv) the Food Additives Amendment of 1958 (Public Law 85-
     929; 52 Stat. 1041);
       (v) the Fair Packaging and Labeling Act (Public Law 89-755; 
     80 Stat. 1296);
       (vi) the Infant Formula Act of 1980 (21 U.S.C. 301 note; 
     Public Law 96-359);
       (vii) the Pesticide Monitoring Improvements Act of 1988 
     (Public Law 100-418; 102 Stat. 1411);
       (viii) the Nutrition Labeling and Education Act of 1990 (21 
     U.S.C. 301 note; Public Law 101-535);
       (ix) the Food and Drug Administration Modernization Act of 
     1997 (21 U.S.C. 301 note; Public Law 105-115); and
       (x) the Public Health Security and Bioterrorism 
     Preparedness and Response Act of 2002 (21 U.S.C. 201 note; 
     Public Law 107-188);
       (E) with respect to laws administered by the Attorney 
     General, the Federal Anti-Tampering Act (18 U.S.C. 1365 note; 
     Public Law 98-127);
       (F) with respect to laws administered by the Administrator 
     of the Environmental Protection Agency--
       (i) the Federal Insecticide, Fungicide, and Rodenticide Act 
     (7 U.S.C. 136 et seq.);
       (ii) the Food Quality Protection Act of 1996 (7 U.S.C. 136 
     note; Public Law 104-170);
       (iii) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.); and
       (iv) the Safe Drinking Water Act of 1974 (42 U.S.C. 201 
     note; Public Law 93-523); and
       (G) with respect to laws administered by the Secretary of 
     Transportation, chapter 57 of subtitle II of title 49, United 
     States Code (relating to sanitary food transportation); and
       (H) with respect to Government studies on food safety--
       (i) the report of the National Academies of Science 
     entitled ``Ensuring Safe Food from Production to 
     Consumption'' and dated 1998;
       (ii) the report of the National Academies of Science 
     entitled ``Scientific Criteria to Ensure Safe Food'' and 
     dated 2003;
       (iii) reports of the Office of the Inspector General of the 
     Department of Agriculture, including--

       (I) report 24601-0008-CH, entitled ``Egg Products 
     Processing Inspection'' and dated September 18, 2007;
       (II) report 24005-1-AT, entitled ``Food Safety and 
     Inspection Service--State Meat and Poultry Inspection 
     Programs'' and dated September 27, 2006;
       (III) report 24601-06-CH, entitled ``Food Safety and 
     Inspection Service's In-Plant Performance System'' and dated 
     March 28, 2006;
       (IV) report 24601-05-AT, entitled ``Hazard Analysis and 
     Critical Control Point Implementation at Very Small Plants'' 
     and dated June 24, 2005;
       (V) report 24601-04-HY, entitled ``Food Safety and 
     Inspection Service Oversight of the 2004 Recall by Quaker 
     Maid Meats, Inc.'' and dated May 18, 2005;
       (VI) report 24501-01-FM, entitled ``Food Safety and 
     Inspection Service Application Controls--Performance Based 
     Inspection System'' and dated November 24, 2004;
       (VII) report 24601-03-CH, entitled ``Food Safety and 
     Inspection Service Use of Food Safety Information'' and dated 
     September 30, 2004;
       (VIII) report 24601-03-HY, entitled ``Food Safety and 
     Inspection Service Effectiveness Checks for the 2002 
     Pilgrim's Pride Recall'' and dated June 29, 2004;
       (IX) report 24601-02-HY, entitled ``Food Safety and 
     Inspection Service Oversight of the Listeria Outbreak in the 
     Northeastern United States'' and dated June 9, 2004;
       (X) report 24099-05-HY, entitled ``Food Safety and 
     Inspection Service Imported Meat and Poultry Equivalence 
     Determinations Phase III'' and dated December 29, 2003;
       (XI) report 24601-2-KC, entitled ``Food Safety and 
     Inspection Service--Oversight of Production Process and 
     Recall at Conagra Plant (Establishment 969)'' and dated 
     September 30, 2003;
       (XII) report 24601-1-Ch, entitled ``Laboratory Testing Of 
     Meat And Poultry Products'' and dated June 21, 2000;
       (XIII) report 24001-3-At, 24601-1-Ch, 24099-3-Hy, 24601-4-
     At, entitled ``Food Safety and Inspection Service: HACCP 
     Implementation, Pathogen Testing Program, Foreign Country 
     Equivalency, Compliance Activities'' and dated June 21, 2000; 
     and
       (XIV) report 24001-3-At, entitled ``Implementation of the 
     Hazard Analysis and Critical Control Point System'' and dated 
     June 21, 2000; and

       (I) with respect to reports prepared by the Government 
     Accountability Office, the reports designated--
       (i) GAO-05-212;
       (ii) GAO-02-47T;
       (iii) GAO/T-RCED-94-223;
       (iv) GAO/RCED-99-80;
       (v) GAO/T-RCED-98-191;
       (vi) GAO/RCED-98-103;
       (vii) GAO-07-785T;
       (viii) GAO-05-51;
       (ix) GAO/T-RCED-94-311;
       (x) GAO/RCED-92-152;
       (xi) GAO/T-RCED-99-232;
       (xii) GAO/T-RCED-98-271;
       (xiii) GAO-07-449T;
       (xiv) GAO-05-213;
       (xv) GAO-04-588T;
       (xvi) GAO/RCED-00-255;
       (xvii) GAO/RCED-00-195; and
       (xviii) GAO/T-RCED-99-256.
       (3) Report.--Not later than 360 days after the date on 
     which the Commission first meets, the Commission shall submit 
     to the President and Congress a report that includes the 
     report and summaries, statutory language recommendations, and 
     budget recommendations described in clauses (ii) and (iii) of 
     subsection (a)(1)(B).
       (c) Powers of the Commission.--
       (1) Hearings.--The Commission or, at the direction of the 
     Commission, any member of the Commission, may, for the 
     purpose of carrying out this section--
       (A) hold such hearings, meet and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths; and
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials;
     as the Commission or member considers advisable.
       (2) Issuance and enforcement of subpoenas.--
       (A) Issuance.--A subpoena issued under paragraph (1)(B) 
     shall--
       (i) bear the signature of the Chairperson of the 
     Commission; and
       (ii) be served by any person or class of persons designated 
     by the Chairperson for that purpose.
       (B) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under paragraph (1)(B), the United 
     States district court for the district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring the person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence.
       (C) Noncompliance.--Any failure to obey the order of the 
     court may be punished by the court as a contempt of court.
       (D) Witness allowances and fees.--
       (i) In general.--Section 1821 of title 28, United States 
     Code, shall apply to a witness requested or subpoenaed to 
     appear at a hearing of the Commission.
       (ii) Expenses.--The per diem and mileage allowances for a 
     witness shall be paid from funds available to pay the 
     expenses of the Commission.
       (3) Information from federal agencies.--
       (A) In general.--The Commission may secure directly, from 
     any Federal agency, such information as the Commission 
     considers necessary to carry out this section.
       (B) Provision of information.--

[[Page S13459]]

       (i) In general.--Subject to subparagraph (C), on the 
     request of the Commission, the head of a Federal agency 
     described in subparagraph (A) shall expeditiously furnish 
     information requested by the Commission to the Commission.
       (ii) Administration.--The furnishing of information by a 
     Federal agency to the Commission shall not be considered a 
     waiver of any exemption available to the agency under section 
     552 of title 5, United States Code.
       (C) Information to be kept confidential.--For purposes of 
     section 1905 of title 18, United States Code--
       (i) the Commission shall be considered an agency of the 
     Federal Government; and
       (ii) any individual employed by an individual, entity, or 
     organization that is a party to a contract with the 
     Commission under this section shall be considered an employee 
     of the Commission.
       (d) Commission Personnel Matters.--
       (1) Members.--
       (A) Non-federal employees.--A member of the Commission who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       (B) Federal employees.--A member of the Commission who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       (C) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (2) Staff.--
       (A) Executive director.--Not later than 30 days after the 
     Chairperson and Vice-Chairperson of the Commission are 
     selected under subsection (a)(4), the Chairperson and Vice-
     Chairperson shall jointly select an individual to serve as 
     executive director of the Commission.
       (B) Additional staff.--The Chairperson of the Commission 
     may, without regard to the civil service laws (including 
     regulations), appoint and terminate the appointment of such 
     other additional personnel as are necessary to enable the 
     Commission to perform the duties of the Commission.
       (C) Confirmation of executive director.--The employment of 
     an executive director under this paragraph shall be subject 
     to confirmation by the Commission.
       (D) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Chairperson of the Commission may fix the compensation of the 
     executive director and other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (ii) Maximum rate of pay.--The rate of pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level II of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (3) Detail of federal government employees.--
       (A) In general.--An employee of the Federal Government may 
     be detailed to the Commission, without reimbursement, for 
     such period of time as is permitted by law.
       (B) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (4) Procurement of temporary and intermittent services.--
     The Chairperson, Vice-Chairperson, and executive director of 
     the Commission may procure temporary and intermittent 
     services in accordance with section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level IV of the Executive Schedule under 
     section 5316 of that title.
       (e) Funding and Support Services.--For each fiscal year, 
     the Secretary of Agriculture and the Secretary of Health and 
     Human Services shall provide to fund the Commission and carry 
     out this section--
       (1) from funds made available to the Secretary of 
     Agriculture under section 32 of the Act of August 24, 1935 (7 
     U.S.C. 612c) and amounts made available for the Office of the 
     Secretary of Health and Human Services from appropriations 
     Acts, such equal amounts as are necessary to fund the 
     Commission and otherwise carry out this section; and
       (2) such equal contributions of support services as are 
     necessary to assist the Commission in carrying out the duties 
     of the Commission under this section.
       (f) Termination.--The Commission shall terminate on the 
     date that is 60 days after the date on which the Commission 
     submits the report under subsection (b)(2).

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

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

                          ____________________