II

105TH CONGRESS

2D SESSION S. 2025

To promote the safety of food, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 1, 1998

Mr. COVERDELL (for himself and Mr. ABRAHAM) introduced the following bill;

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To promote the safety of food, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Food Research, Edu5 cation, Safety, and Health Act of 1998’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:

8 (1) COMMITTEE OF JURISDICTION.—The term

9 ‘‘committee of jurisdiction’’ means—

10 (A) the Committee on Agriculture of the

11 House of Representatives;
2

•S 2025 IS

1 (B) the Committee on Commerce of the

2 House of Representatives;

3 (C) the Committee on Agriculture, Nutri4 tion and Forestry of the Senate; and

5 (D) the Committee on Labor and Human

6 Resources of the Senate.

7 (2) FOOD.—The term ‘‘food’’ means food in8 tended for human consumption.

9 (3) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of Agriculture.

11 (4) STATE.—The term ‘‘State’’ means a State

12 of the United States, the District of Columbia, the

13 Commonwealth of Puerto Rico, and any other terri14 tory or possession of the United States.

15 SEC. 3. CONSUMER EDUCATION FOOD SAFETY BLOCK

16 GRANTS.

17 (a) AUTHORITY.—The Secretary shall make grants to

18 States to enable the States to carry out consumer edu19 cation food safety programs.

20 (b) APPLICATION.—To receive a grant under this sec21 tion, a State shall submit to the Secretary an application

22 at such time, in such manner, and containing such infor23 mation as the Secretary may require, including—
3

•S 2025 IS

1 (1) a description of the activities that the State

2 will carry out using funds received under this sec3 tion;

4 (2) a designation of an appropriate State agen5 cy to administer the funds; and

6 (3) a description of the steps to be taken to en7 sure that the funds are used in accordance with sub8 section (e).

9 (c) AMOUNT OF GRANT.—

10 (1) IN GENERAL.—From the amounts available

11 to carry out this section for a fiscal year, the Sec12 retary shall allot to each State an amount that bears

13 the same proportion to the amounts available as the

14 population of the State bears to the population of all

15 of the States.

16 (2) DETERMINATIONS OF POPULATION.—In de17 termining population figures for purposes of this

18 subsection, the Secretary shall use the latest avail19 able annual estimates prepared by the Secretary of

20 Commerce.

21 (d) PAYMENTS.—

22 (1) IN GENERAL.—If the Secretary approves an

23 application submitted by a State under subsection

24 (b), the Secretary shall make a payment to the State
4

•S 2025 IS

1 in an amount that is equal to its allotment under

2 subsection (c).

3 (2) FORM OF PAYMENTS.—The Secretary may

4 make payments under this section to a State in in5 stallments, and in advance or by way of reimburse6 ment, with necessary adjustments on account of

7 overpayments or underpayments, as the Secretary

8 may determine.

9 (3) REALLOTMENTS.—If the Secretary deter10 mines that any portion of the allotment of a State

11 under subsection (c) will not be used to carry out

12 this section in accordance with an approved State

13 application under subsection (b), the Secretary shall

14 reallot to the other States in proportion to the origi15 nal allotments to the other States.

16 (e) USE OF FUNDS.—Funds received by a State

17 under this section shall be used to carry out consumer

18 education food safety programs under which education is

19 provided to consumers and other persons on safe food

20 practices at each step in the food chain (including agricul21 tural production, handling, processing, distribution, and

22 preparation of food in restaurants, grocery stores, and

23 homes) using the mechanisms described in subsection (g).

24 (f) MATCHING FUNDS.—As a condition of receipt of

25 funds under this section, the Secretary may require a
5

•S 2025 IS

1 State to provide matching funds (at the option of the Sec2 retary, in the form of direct funding or in-kind support).

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $10,000,000 for each of fiscal years 1999 through 2001.

6 SEC. 4. IRRADIATION OF FOODS.

7 (a) IN GENERAL.—In conjunction with the Director

8 of the Centers for Disease Control and Prevention, the

9 Commissioner of Food and Drugs, and the Director of the

10 National Institutes of Health, the Secretary shall carry

11 out consumer education initiatives on the irradiation of

12 foods, especially ground beef and poultry.

13 (b) STUDY.—Not later than 30 days after the date

14 of enactment of this Act, the Secretary shall—

15 (1) conduct a study of the cost and feasibility

16 of irradiating fruits and vegetables and of new irra17 diation technologies; and

18 (2) report the results of the study to each of

19 the committees of jurisdiction.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated to carry out this section

22 $1,000,000 for each of fiscal years 1999 through 2001.

23 SEC. 5. FOOD SAFETY COUNCIL.

24 (a) ESTABLISHMENT.—There is established a Food

25 Safety Council composed of 12 members, including—
6

•S 2025 IS

1 (1) the Secretary;

2 (2) the Secretary of Health and Human Serv3 ices;

4 (3) the Commissioner of Food and Drugs;

5 (4) 3 members appointed by the President;

6 (5) 3 members appointed by the Majority Lead7 er of the Senate; and

8 (6) 3 members appointed by the Speaker of the

9 House.

10 (b) TERMS.—

11 (1) IN GENERAL.—A member of the Council

12 appointed under paragraph (4), (5), or (6) of sub13 section (a) shall be appointed for a term of not to

14 exceed 3 years.

15 (2) VACANCIES.—An individual appointed to

16 complete an unexpired term of a member of the

17 Council described in paragraph (1) shall serve only

18 for the remainder of the term.

19 (c) ADMINISTRATION.—

20 (1) CHAIRPERSON.—The Secretary shall serve

21 as chairperson of the Council.

22 (2) MEETINGS.—

23 (A) IN GENERAL.—The Council shall meet

24 at least twice a year at the call of the Chair25 person.
7

•S 2025 IS

1 (B) PUBLIC MEETINGS.—A meeting of the

2 Council shall be open to the public.

3 (C) QUORUM.—Five members of the Coun4 cil shall constitute a quorum.

5 (d) DUTIES.—The Council shall—

6 (1) evaluate, and establish priorities for, food

7 safety research and education, and food-related ill8 ness prevention activities, conducted by the Federal

9 Government;

10 (2) direct that Federal agencies conduct any

11 necessary updates of science, technology, and public

12 health activities that relate to food safety; and

13 (3) submit to the committees of jurisdiction an

14 annual report on actions taken to carry out this sec15 tion, including any recommendations for improve16 ments in food safety.

17 (e) COMPENSATION; EXPENSES.—

18 (1) COMPENSATION OF MEMBERS.—

19 (A) NONFEDERAL MEMBERS.—A member

20 of the Council who is not otherwise an officer

21 or employee of the Federal Government shall be

22 compensated at a rate equal to the daily equiva23 lent of the annual rate of basic pay prescribed

24 for a position at level IV of the Executive

25 Schedule under section 5315 of title 5, United
8

•S 2025 IS

1 States Code, for each day (including travel

2 time) during which the member is engaged in

3 the performance of the duties of the Council.

4 (B) FEDERAL MEMBERS.—A member of

5 the Council who is otherwise an officer or em6 ployee of the United States shall serve without

7 compensation in addition to that received for

8 services as an officer or employee of the United

9 States.

10 (2) TRAVEL EXPENSES.—A member of the

11 Council shall be allowed travel expenses, including

12 per diem in lieu of subsistence, at rates authorized

13 for employees of agencies under subchapter I of

14 chapter 57 of title 5, United States Code, while

15 away from the home or regular place of business of

16 the member in the performance of service for the

17 Council.

18 (f) FUNDING.—From funds of the Department of Ag19 riculture, the Secretary shall use to carry out this section

20 not more than $100,000 for each of fiscal years 1999

21 through 2001.

22 SEC. 6. COMPETITIVE RESEARCH GRANTS FOR REDUCING

23 THREATS OF FOOD-BORNE PATHOGENS.

24 (a) IN GENERAL.—The Secretary shall make com25 petitive grants, for periods not to exceed 5 years, to col-
9

•S 2025 IS

1 leges and universities, State agricultural experiment sta2 tions, other research institutions and organizations, Fed3 eral agencies, and private persons for research to reduce

4 and control the health and other threats posed by deadly

5 food-borne pathogens.

6 (b) PARTICIPATION IN GRANT PROCESS.—In seeking

7 proposals for grants under this section and in performing

8 peer review evaluations of the proposals, the Secretary

9 shall seek the widest participation of qualified scientists

10 in the Federal Government, colleges and universities,

11 State agricultural experiment stations, and private per12 sons.

13 (c) USE OF FUNDS.—Funds received under this sec14 tion shall not be used for the planning, repair, rehabilita15 tion, acquisition, or construction of a building or facility.

16 (d) REPORT.—Not later than December 1, 2001, the

17 Secretary shall submit to the committees of jurisdiction

18 a report on actions taken to carry out this section.

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $20,000,000 for each of fiscal years 1999 through 2001.
10

•S 2025 IS

1 SEC. 7. DEMONSTRATION PROJECTS FOR REDUCING

2 THREATS OF FOOD-BORNE PATHOGENS.

3 (a) DEMONSTRATION PROJECTS.—The Secretary

4 shall conduct a sufficient number of demonstration

5 projects to—

6 (1) determine the epidemiology and ecology of

7 potential food-borne pathogens; and

8 (2) develop interventions.

9 (b) REPORT.—Not later than December 1, 2001, the

10 Secretary shall submit to the committees of jurisdiction

11 a report on actions taken to carry out this section.

12 (c) FUNDING.—From funds of the Department of

13 Agriculture, the Secretary shall use to carry out this sec14 tion not more than $100,000 for each of fiscal years 1999

15 through 2001.

16 SEC. 8. DETECTION AND MEDICAL TREATMENTS FOR

17 FOOD-BORNE PATHOGENS.

18 (a) DETECTION.—There is authorized to be appro19 priated $5,000,000 for each of fiscal years 1999 through

20 2001 to enable the Centers for Disease Control and Pre21 vention to improve the detection of food-borne pathogens

22 through—

23 (1) the creation of new employment positions

24 for scientists; and

25 (2) the acquisition of scientific equipment.
11

•S 2025 IS

1 (b) MEDICAL TREATMENTS.—There is authorized to

2 be appropriated $5,000,000 for each of fiscal years 1999

3 through 2001 to enable the National Institutes of Health

4 to conduct research concerning medical treatments for in5 dividuals infected with food-borne pathogens.

6 SEC. 9. FOOD SAFETY RESEARCH INFORMATION OFFICE.

7 (a) ESTABLISHMENT.—The Secretary shall establish

8 a Food Safety Research Information Office in the Na9 tional Agricultural Library.

10 (b) DUTIES.—In cooperation with the Director of the

11 Centers for Disease Control and Prevention, the Commis12 sioner of Food and Drugs, the Director of the National

13 Institutes of Health, and other providers of relevant infor14 mation, the Food Safety Research Information Office shall

15 provide the scientific community and other interested per16 sons with information on public and private research ini17 tiatives on food safety.

18 SEC. 10. RISK ASSESSMENTS.

19 (a) IN GENERAL.—In cooperation with the Director

20 of the Centers for Disease Control and Prevention, the

21 Commissioner of Food and Drugs, and the Director of the

22 National Institutes of Health, the Secretary shall con23 duct—

24 (1) a risk assessment for each species of animal

25 that is used to produce food in the United States,
12

•S 2025 IS

1 at each step in the food chain (including agricultural

2 production, handling, processing, distribution, and

3 preparation of food in restaurants, grocery stores,

4 and homes) to determine the risks of pathogens

5 posed by the species;

6 (2) a risk assessment for each type of fruit and

7 vegetable that is intended for human consumption in

8 the United States to determine the risks of patho9 gens posed by the type; and

10 (3) a risk assessment on food safety practices

11 conducted in homes to determine the risks of patho12 gens posed by the practices.

13 (b) WORKING GROUPS.—After the risk assessments

14 required under subsection (a)(1) are completed, the Sec15 retary shall, in cooperation with producer groups, estab16 lish species-specific working groups to address potential

17 pathogens on farms.

18 (c) REPORT.—Not later than 1 year after the date

19 of enactment of this Act, the Secretary shall submit to

20 each of the committees of jurisdiction a report describing

21 the results of the risk assessments required under this sec22 tion.

23 SEC. 11. SAFETY AND HEALTH RISKS OF IMPORTED FOOD.

24 There is authorized to be appropriated $10,340,000

25 for each of fiscal years 1999 through 2001 to enable the
13

•S 2025 IS

1 Commissioner of Food and Drugs to decrease the safety

2 and health risks of imported food through—

3 (1) the creation of new employment positions

4 for microbiologists and inspectors; and

5 (2) the acquisition of scientific equipment.

Æ