[Congressional Record Volume 153, Number 185 (Wednesday, December 5, 2007)]
[Senate]
[Pages S14799-S14802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CASEY (for himself, Mr. Grassley, and Mrs. Feinstein):
  S. 2418. A bill to ensure the safety of imported food products for 
the citizens of the United States, and for other purposes; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. CASEY. Mr. President, I rise today to introduce the EAT SAFE Act 
of 2007. I am pleased to be joined by my colleague on the Agriculture 
Committee, Senator Grassley, to introduce this important piece of food 
safety legislation.
  As we have all seen this past year, in the wake of massive recalls of 
pet food manufactured using contaminated Chinese gluten and consumer 
warnings about the safety of various imported food products, ensuring 
the safety of food products and food ingredients being brought into 
this country from other nations has taken on a greater urgency.
  A report issued in September by the President's Interagency Working 
Group on Import Safety acknowledged that ``aspects of our present 
import system must be strengthened to promote security, safety, and 
trade for the benefit of American consumers.'' The EAT SAFE Act that we 
are introducing today is designed to address one of those critical 
aspects of the food and agricultural import system that, in the face of 
the mounting imported food safety crisis, has received little public 
focus. That issue is food and other agricultural products that are 
being smuggled into the U.S.
  When many people think of food smuggling, they likely think of it as 
something that occurs when travelers attempt to bring small amounts of 
foreign food or agricultural products into the U.S. by concealing it in 
their vehicles, luggage, or other personal affects. While this type of 
smuggling is unquestionably a problem that U.S. authorities must and do 
address, the larger threat of smuggled food and agricultural products 
comes from the companies, importers, and individuals who circumvent 
U.S. inspection requirements or restrictions on imports of certain 
products from a particular country.
  The ways in which these companies, importers, and individuals 
circumvent the system can happen in any number of ways. Many times 
smuggled products are intentionally mislabeled and bear the 
identification of a product that can legally enter the country. Other 
times, smuggled products gain import entry through falsifying the 
products' countries of origin. And, many times, products that have 
previously been denied entry are later ``shopped around,'' that is, 
presented to another U.S. port of entry in the effort to gain 
importation undetected.
  Just some examples of prohibited products discovered in commerce in 
the United States in recent years include duck parts from Vietnam and 
poultry products from China, both nations with confirmed human cases of 
avian influenza; unpasteurized raw cheeses from Mexico containing a 
bacterium that causes tuberculosis; strawberries from Mexico 
contaminated with hepatitis A; and mislabeled puffer fish from China 
containing a potentially deadly toxin. These smuggled food and 
agriculture products present safety risks to our food, plants, and 
animals, and pose a threat to our Nation's health, economy, and 
security.
  The EAT SAFE Act addresses these serious risks by applying 
commonsense measures to protect our food and agricultural supply. This 
legislation authorizes funding for the U.S. Department of Agriculture 
and the Food and Drug Administration to bolster their efforts by hiring 
additional personnel to detect and track smuggled products. It also 
authorizes funding to provide food safety cross training for Homeland 
Security Agricultural Specialists and agricultural cross training for 
Customs' Border Patrol Agents to ensure that those men and women 
working on the front lines are knowledgeable about these serious food 
and agricultural threats.
  In addition to focusing on increased personal and training, the EAT 
SAFE Act also seeks to increase importer accountability. The 
legislation requires private laboratories conducting tests on FDA-
regulated products on behalf of importers to apply for and be certified 
by FDA. It also imposes civil penalties for laboratories or importers 
who knowingly or conspire to falsify imported product laboratory 
sampling and for importers who circumvent the USDA import reinspection 
system.
  Finally, the EAT SAFE Act will also ensure increased public awareness 
of smuggled products, as well as recalled food products, by requiring 
the USDA and FDA to provide this information to the public in a timely 
and easily searchable manner.
  These commonsense measures are an important first step towards 
safeguarding Americans' food and agricultural supply and ensuring our 
Nation's health, economy, and security.
  I urge all of my colleagues to support this legislation.
  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. 2418

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Ending 
     Agricultural Threats: Safeguarding America's Food for 
     Everyone (EAT SAFE) Act of 2007''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Food safety training, personnel, and coordination.
Sec. 5. Reporting of smuggled food products.
Sec. 6. Civil penalties relating to illegally imported meat and poultry 
              products.
Sec. 7. Certification of food safety labs.
Sec. 8. Data sharing.
Sec. 9. Public notice regarding recalled food products.
Sec. 10. Foodborne illness education and outreach competitive grants 
              program.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the safety of the food supply of the United States is 
     vital to--
       (A) the health of the citizens of the United States;
       (B) the preservation of the confidence of those citizens in 
     the food supply of the United States; and
       (C) the success of the food sector of the United States 
     economy;
       (2) the United States has the safest food supply in the 
     world, and maintaining a secure domestic food supply is 
     imperative for the national security of the United States;
       (3) in a report published by the Government Accountability 
     Office in January 2007, the Comptroller General of the United 
     States described food safety oversight as 1 of the 29 high-
     risk program areas of the Federal Government; and
       (4) the task of preserving the safety of the food supply of 
     the United States is complicated by pressures relating to--
       (A) food products that are smuggled or imported into the 
     United States without being screened, monitored, or inspected 
     as required by law; and
       (B) the need to improve the enforcement of the United 
     States in reducing the quantity of food products that are--
       (i) smuggled into the United States; and
       (ii) imported into the United States without being 
     screened, monitored, or inspected as required by law.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administration.--The term ``Administration'' means the 
     Food and Drug Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Animal and Plant Health Inspection 
     Service.
       (3) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (4) Food defense threat.--The term ``food defense threat'' 
     means any intentional contamination, including any disease, 
     pest, or poisonous agent, that could adversely affect the 
     safety of human or animal food products.
       (5) Smuggled food product.--The term ``smuggled food 
     product'' means a prohibited

[[Page S14800]]

     human or animal food product that a person fraudulently 
     brings into the United States.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 4. FOOD SAFETY TRAINING, PERSONNEL, AND COORDINATION.

       (a) Department.--
       (1) Training programs.--
       (A) Agricultural specialists.--
       (i) Establishment.--The Secretary shall establish training 
     programs to educate each Federal employee who is employed in 
     a position described in section 421(g) of the Homeland 
     Security Act of 2002 (6 U.S.C. 231(g)) on issues relating to 
     food safety and agroterrorism.
       (ii) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subparagraph $1,700,000.
       (B) Cross-training of employees of united states customs 
     and border protection.--
       (i) Establishment.--The Secretary shall establish training 
     programs to educate border patrol agents employed by the 
     United States Customs and Border Protection of the Department 
     of Homeland Security about identifying human, animal, and 
     plant health threats and referring the threats to the 
     appropriate agencies.
       (ii) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subparagraph $4,800,000.
       (2) Illegal import detection personnel.--Subtitle G of the 
     Department of Agriculture Reorganization Act of 1994 (7 
     U.S.C. 6981 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 263. FOOD SAFETY PERSONNEL AND TRAINING.

       ``(a) Additional Employees.--Not later than 2 years after 
     the date of enactment of the Ending Agricultural Threats: 
     Safeguarding America's Food for Everyone (EAT SAFE) Act of 
     2007, the Secretary shall hire a sufficient number of 
     employees to increase the number of full-time field 
     investigators, import surveillance officers, support staff, 
     analysts, and compliance and enforcement experts employed by 
     the Food Safety and Inspection Service as of October 1, 2007, 
     by 100 employees, in order to--
       ``(1) provide additional detection of food defense threats;
       ``(2) detect, track, and remove smuggled human food 
     products from commerce; and
       ``(3) impose penalties on persons or organizations that 
     threaten the food supply.
       ``(b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000.''.
       (b) Administration.--Chapter IV of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding 
     at the end the following:

     ``SEC. 417. FOOD SAFETY PERSONNEL AND TRAINING.

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Ending Agricultural Threats: Safeguarding 
     America's Food for Everyone (EAT SAFE) Act of 2007, the 
     Administration shall hire a sufficient number of employees to 
     increase the number of full-time field investigators, import 
     surveillance officers, support staff, analysts, and 
     compliance and enforcement experts employed by the 
     Administration as of October 1, 2007, by 150 employees, in 
     order to--
       ``(1) provide additional detection of food defense threats;
       ``(2) detect, track, and remove smuggled food products from 
     commerce; and
       ``(3) impose penalties on persons or organizations that 
     threaten the food supply.
       ``(b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000.''.
       (c) Coordination of Federal Agencies.--Section 411(b) of 
     the Homeland Security Act of 2002 (6 U.S.C. 211(b)) is 
     amended by adding at the end the following:
       ``(4) Coordination of federal agencies.--The Commissioner 
     of United States Customs and Border Protection, in 
     coordination with the Secretary of Agriculture and the 
     Commissioner of Food and Drugs, shall conduct activities to 
     target, track, and inspect shipments that--
       ``(A) contain human and animal food products; and
       ``(B) are imported into the United States.''.

     SEC. 5. REPORTING OF SMUGGLED FOOD PRODUCTS.

       (a) Department.--
       (1) Public notification.--
       (A) In general.--Not later than 3 days after the date on 
     which the Department identifies a smuggled food product, the 
     Secretary shall provide to the public notification describing 
     the food product identified by the Department and, if 
     available, the individual or entity that smuggled the food 
     product.
       (B) Required forms of notification.--The Secretary shall 
     provide public notification under subparagraph (A) through--
       (i) a news release of the Department for each smuggled food 
     product identified by the Department;
       (ii) a description of each smuggled food product on the 
     website of the Department;
       (iii) the management of a periodically updated list that 
     contains a description of each individual or entity that 
     smuggled the food product identified by the Secretary under 
     subparagraph (A); and
       (iv) any other appropriate means, as determined by the 
     Secretary.
       (2) Notification to department of homeland security.--Not 
     later than 30 days after the date on which the Department 
     identifies a smuggled food product, the Secretary shall 
     provide to the Department of Homeland Security notification 
     of the smuggled food product.
       (b) Administration.--
       (1) Public notification.--
       (A) In general.--Not later than 3 days after the date on 
     which the Administration identifies a smuggled food product, 
     the Secretary of Health and Human Services shall provide to 
     the public notification describing the smuggled food product 
     identified by the Administration and, if available, the 
     individual or entity that smuggled the food product.
       (B) Required forms of notification.--The Secretary of 
     Health and Human Services shall provide public notification 
     under subparagraph (A) through--
       (i) a press release of the Administration for each smuggled 
     food product identified by the Administration;
       (ii) a description of each smuggled food product on the 
     website of the Administration;
       (iii) the management of a periodically updated list that 
     contains a description of each individual or entity that 
     smuggled the food product identified by the Secretary of 
     Health and Human Services under subparagraph (A); and
       (iv) any other appropriate means, as determined by the 
     Secretary of Health and Human Services.
       (2) Notification to department of homeland security.--Not 
     later than 30 days after the date on which the Administration 
     identifies a smuggled food product, the Secretary of Health 
     and Human Services shall provide to the Department of 
     Homeland Security notification of the smuggled food product.

     SEC. 6. CIVIL PENALTIES RELATING TO ILLEGALLY IMPORTED MEAT 
                   AND POULTRY PRODUCTS.

       (a) Meat Products.--Section 20(b) of the Federal Meat 
     Inspection Act (21 U.S.C. 620(b)) is amended--
       (1) by striking ``(b) The Secretary'' and inserting the 
     following:
       ``(b) Destruction; Civil Penalties.--
       ``(1) Destruction.--The Secretary''; and
       (2) by adding at the end the following:
       ``(2) Civil penalties.--Each individual or entity that 
     fails to present each meat article that is the subject of the 
     importation of the individual or entity to an inspection 
     facility approved by the Secretary shall be liable for a 
     civil penalty assessed by the Secretary in an amount not to 
     exceed $25,000 for each meat article that the individual or 
     entity fails to present to the inspection facility.''.
       (b) Poultry Products.--Section 12 of the Poultry Products 
     Inspection Act (21 U.S.C. 461) is amended--
       (1) by striking the section heading and all that follows 
     through ``(a) Any person'' and inserting the following:

     ``SEC. 12. PENALTIES.

       ``(a) Penalties Relating to the Violation of Certain 
     Sections.--
       ``(1) In general.--Any person''; and
       (2) in subsection (a) (as amended by paragraph (1)), by 
     adding at the end the following:
       ``(2) Failure to present poultry products at designated 
     inspection facilities.--Each individual or entity that fails 
     to present each poultry product that is the subject of the 
     importation of the individual or entity to an inspection 
     facility approved by the Secretary shall be liable for a 
     civil penalty assessed by the Secretary in an amount not to 
     exceed $25,000 for each poultry product that the individual 
     or entity fails to present to the inspection facility.''.
       (c) Egg Products.--Section 12 of the Egg Products 
     Inspection Act (21 U.S.C. 1041) is amended--
       (1) by striking the section heading and all that follows 
     through ``(a) Any person'' and inserting the following:

     ``SEC. 12. PENALTIES.

       ``(a) Penalties Relating to the Violation of Certain 
     Prohibited Actions.--
       ``(1) In general.--Any person''; and
       (2) in subsection (a) (as amended by paragraph (1)), by 
     adding at the end the following:
       ``(2) Failure to present egg products at designated 
     inspection facilities.--Each individual or entity that fails 
     to present each egg product that is the subject of the 
     importation of the individual or entity to an inspection 
     facility approved by the Secretary shall be liable for a 
     civil penalty assessed by the Secretary in an amount not to 
     exceed $25,000 for each egg product that the individual or 
     entity fails to present to the inspection facility.''.

     SEC. 7. CERTIFICATION OF FOOD SAFETY LABS; SUBMISSION OF TEST 
                   RESULTS.

       (a) In General.--Chapter IV of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 341 et seq.), as amended by section 
     4(b), is amended by adding at the end the following:

     ``SEC. 418. CERTIFICATION OF FOOD SAFETY LABS; SUBMISSION OF 
                   TEST RESULTS.

       ``(a) Definition of Food Safety Lab.--In this section, the 
     term `food safety lab' means an establishment that conducts 
     testing, on behalf of an importer through a contract or other 
     arrangement, to ensure the safety of articles of food.
       ``(b) Certification Requirement.--
       ``(1) In general.--A food safety lab shall submit to the 
     Secretary an application for certification. Upon review, the 
     Secretary

[[Page S14801]]

     may grant or deny certification to the food safety lab.
       ``(2) Certification standards.--The Secretary shall 
     establish criteria and methodologies for the evaluation of 
     applications for certification submitted under paragraph (1). 
     Such criteria shall include the requirements that a food 
     safety lab--
       ``(A) be accredited as being in compliance with standards 
     set by the International Organization for Standardization;
       ``(B) agree to permit the Secretary to conduct an 
     inspection of the facilities of the food safety lab and the 
     procedures of such lab before making a certification 
     determination;
       ``(C) agree to permit the Secretary to conduct routine 
     audits of the facilities of the food safety lab to ensure 
     ongoing compliance with accreditation and certification 
     requirements;
       ``(D) submit with such application a fee established by the 
     Secretary in an amount sufficient to cover the cost of 
     application review, including inspection under subparagraph 
     (B); and
       ``(E) agree to submit to the Secretary, in accordance with 
     the process established under subsection (c), the results of 
     tests conducted by such food safety lab on behalf of an 
     importer.
       ``(c) Submission of Test Results.--The Secretary shall 
     establish a process by which a food safety lab certified 
     under this section shall submit to the Secretary the results 
     of all tests conducted by such food safety lab on behalf of 
     an importer.''.
       (b) Enforcement.--Section 303(f) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 333(f)) is amended--
       (1) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (5), (6), and (7), respectively;
       (2) by inserting after paragraph (2) the following:
       ``(3) An importer (as defined in section 418) shall be 
     subject to a civil penalty in an amount not to exceed $25,000 
     if such importer knowingly engages in the falsification of 
     test results submitted to the Secretary by a food safety lab 
     certified under section 418.
       ``(4) A food safety lab certified under section 418 shall 
     be subject to a civil penalty in an amount not to exceed 
     $25,000 for knowingly submitting to the Secretary false test 
     results under section 418.'';
       (3) in paragraph (2)(C), by striking ``paragraph (3)(A)'' 
     and inserting ``paragraph (5)(A)'';
       (4) in paragraph (4), as so redesignated, by striking 
     ``paragraph (1) or (2)'' each place it appears and inserting 
     ``paragraph (1), (2), (3), or (4)''; and
       (5) in paragraph (6), as so redesignated, by striking 
     ``paragraph (4)'' each place it appears and inserting 
     ``paragraph (6)''.

     SEC. 8. DATA SHARING.

       (a) Department of Agriculture Memoranda of Understanding.--
     The Secretary shall ensure that the agencies within the 
     Department of Agriculture, including the Food Safety and 
     Inspection Service, the Agricultural Research Service, and 
     the Animal and Plant Health Inspection Service, enter into a 
     memorandum of understanding to ensure the timely and 
     efficient sharing of all information collected by such 
     agencies related to foodborne pathogens, contaminants, and 
     illnesses.
       (b) Interagency Memorandum of Understanding.--The 
     Secretary, in collaboration with the Secretary of Health and 
     Human Services, shall enter into a memorandum of 
     understanding between the agencies within the Department of 
     Agriculture, including those described in subsection (a), and 
     the agencies within the Department of Health and Human 
     Services, including the Centers for Disease Control and 
     Prevention and the Food and Drug Administration, to ensure 
     the timely and efficient sharing of all information collected 
     by such agencies related to foodborne pathogens, 
     contaminants, and illnesses.

     SEC. 9. PUBLIC NOTICE REGARDING RECALLED FOOD PRODUCTS.

       (a) Department.--
       (1) News releases regarding recalled food products.--
       (A) In general.--On the date on which a human or animal 
     food product regulated by the Department is voluntarily 
     recalled, the Secretary shall provide to the public a news 
     release describing the human or animal food product.
       (B) Contents.--Each news release described in subparagraph 
     (A) shall contain a comprehensive list of each human and 
     animal food product regulated by the Department that is 
     voluntarily recalled.
       (2) Website.--The Secretary shall modify the website of the 
     Department to contain--
       (A) not later than 1 business day after the date on which a 
     human or animal food product regulated by the Department is 
     voluntarily recalled, a news release describing the human or 
     animal food product;
       (B) if available, an image of each human and animal food 
     product that is the subject of a news release described in 
     subparagraph (A); and
       (C) not later than 90 days after the date of enactment of 
     this Act, a search engine that--
       (i) is consumer-friendly, as determined by the Secretary; 
     and
       (ii) provides a means by which an individual could locate 
     each human and animal food product regulated by the 
     Department that is voluntarily recalled.
       (3) State-issued and industry press releases.--To meet the 
     requirement under paragraph (1)(A), the Secretary--
       (A) may provide to the public a press release issued by a 
     State; and
       (B) shall not provide to the public a press release issued 
     by a private industry entity in lieu of a press release 
     issued by the Federal Government or a State.
       (4) Prohibition on delegation of duty.--The Secretary may 
     not delegate, by contract or otherwise, the duty of the 
     Secretary--
       (A) to provide to the public a news release under paragraph 
     (1); and
       (B) to make any required modification to the website of the 
     Department under paragraph (2).
       (b) Administration.--
       (1) Press releases regarding recalled food products.--
       (A) In general.--On the date on which a human or animal 
     food product regulated by the Administration is voluntarily 
     recalled, the Secretary of Health and Human Services shall 
     provide to the public a press release describing the human or 
     animal food product.
       (B) Contents.--Each press release described in subparagraph 
     (A) shall contain a comprehensive list of each human and 
     animal food product regulated by the Administration that is 
     voluntarily recalled.
       (2) Website.--The Secretary of Health and Human Services 
     shall modify the website of the Administration to contain--
       (A) not later than 1 business day after the date on which a 
     human or animal food product regulated by the Administration 
     is voluntarily recalled a press release describing the human 
     or animal food product;
       (B) if available, an image of each human and animal food 
     product that is the subject of a press release described in 
     subparagraph (A); and
       (C) not later than 90 days after the date of enactment of 
     this Act, a search engine that--
       (i) is consumer-friendly, as determined by the Secretary of 
     Health and Human Services; and
       (ii) provides a means by which an individual could locate 
     each human and animal food product regulated by the 
     Administration that is voluntarily recalled.
       (3) State-issued and industry press releases.--For purposes 
     of meeting the requirement under paragraph (1)(A), the 
     Secretary of Health and Human Services--
       (A) may provide to the public a press release issued by a 
     State; and
       (B) may not provide to the public a press release issued by 
     a private industry entity in lieu of a press release issued 
     by a State or the Federal Government.
       (4) Prohibition on delegation of duty.--The Secretary of 
     Health and Human Services may not delegate, by contract or 
     otherwise, the duty of the Secretary of Health and Human 
     Services--
       (A) to provide to the public a press release under 
     paragraph (1); and
       (B) to make any required modification to the website of the 
     Administration under paragraph (2).

     SEC. 10. FOODBORNE ILLNESS EDUCATION AND OUTREACH COMPETITIVE 
                   GRANTS PROGRAM.

       Title IV of the Agricultural Research, Extension, and 
     Education Reform Act of 1998 (7 U.S.C. 7621 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 412. FOODBORNE ILLNESS EDUCATION AND OUTREACH 
                   COMPETITIVE GRANTS PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Food Safety and Inspection Service.
       ``(2) Commissioner.--The term `Commissioner' means the 
     Commissioner of Food and Drugs.
       ``(3) Eligible entity.--The term `eligible entity' means--
       ``(A) the government of a State (including a political 
     subdivision of a State);
       ``(B) an educational institution;
       ``(C) a private for-profit organization;
       ``(D) a private non-profit organization; and
       ``(E) any other appropriate individual or entity, as 
     determined by the Secretary.
       ``(b) Establishment.--The Secretary (acting through the 
     Administrator of the Cooperative State Research, Education, 
     and Extension Service), in consultation with the 
     Administrator and the Commissioner, shall establish and 
     administer a competitive grant program to provide grants to 
     eligible entities to enable the eligible entities to carry 
     out educational outreach partnerships and programs to provide 
     to health providers, patients, and consumers information to 
     enable those individuals and entities--
       ``(1) to recognize--
       ``(A) foodborne illness as a serious public health issue; 
     and
       ``(B) each symptom of foodborne illness to ensure the 
     proper treatment of foodborne illness;
       ``(2) to understand--
       ``(A) the potential for contamination of human and animal 
     food products during each phase of the production of human 
     and animal food products; and
       ``(B) the importance of using techniques that help ensure 
     the safe handling of human and animal food products; and
       ``(3) to assess the risk of foodborne illness to ensure the 
     proper selection by consumers of human and animal food 
     products.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,500,000 for 
     fiscal year 2008 and each fiscal year thereafter.''.

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