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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2350 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2350

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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 2 (legislative day, July 20), 1994

 Mr. Bradley (for himself and Mr. Lautenberg) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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.

    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).''.
                                 <all>
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