I
106TH CONGRESS
1ST SESSION
H. R. 2055
To amend the Federal Food, Drug, and Cosmetic Act to improve the safety
of imported food, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 8, 1999
Ms. ESHOO introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to
improve the safety of imported food, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Imported Food Safety
Improvement Act of 1999’’.
TITLE 
I—IMPROVEMENTS 
TO
THE FOOD SAFETY IMPORT
SYSTEM
SEC. 101. EQUIVALENCE AUTHORITY TO PROTECT THE
PUBLIC HEALTH FROM CONTAMINATED IM-
PORTED FOODS.
(a) EQUIVALENCE DETERMINATIONS, AND MEAS-
URES, SYSTEMS, AND CONDITIONS TO ACHIEVE PUBLIC
HEALTH PROTECTION.—Section 801 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381) is amended—
(1) by redesignating subsections (d), (e), and
(f) as subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (c) the fol-
lowing:
‘‘(d)(1) Subject to paragraphs (2) and (3), any food
offered for import into the United States shall be prepared
(including produced), packed, and held under a system or
conditions, or subject to measures, that meet the require-
ments of this Act or that have been determined by the
Secretary to be equivalent to a system, conditions, or
measures for such food in the United States and to achieve
the level of public health protection for such food pre-
pared, packed, and held in the United States. Consistent
with section 492 of the Trade Agreements Act of 1979
(19 U.S.C. 2578a), the Secretary shall make, where ap-
Secretary makes the determination shall be subject to de-
nial of entry under this subsection.
‘‘(C) The denial of entry of any food under this para-
graph shall be done in a manner consistent with bilateral,
regional, and multilateral trade agreements and the rights
and obligations of the United States under the agree-
ments.
‘‘(D)(i) Before making any written determination
under subparagraph (A)(i), the Secretary shall consider
written comments, on a proposed determination, made by
any party affected by the proposed determination and any
remedial actions taken to address the findings made in
the proposed determination. In making the written deter-
mination, the Secretary may modify or rescind the pro-
posed determination in accordance with such comments.
‘‘(ii)(I) The Secretary may immediately issue an
emergency written determination under subparagraph
(A)(ii) without first considering comments on a proposed
determination.
‘‘(II) Within 30 days after the issuance of the emer-
gency determination, the Secretary shall consider written
comments on the determination that are made by a party
described in clause (i) and received within the 30-day pe-
riod. The Secretary may affirm, modify, or rescind the
emergency determination in accordance with the com-
ments.
‘‘(III) The emergency determination shall be in
effect—
‘‘(aa) for the 30-day period; or
‘‘(bb) if the Secretary affirms or modifies the
determination, until the Secretary rescinds the de-
termination.
‘‘(2)(A) The food initially denied entry under para-
graph (1) may be imported into the United States if the
Secretary finds that—
‘‘(i) the written determination made under
paragraph (1) no longer justifies the denial of entry
of the food; or
‘‘(ii) evidence of remedial action submitted from
the producer, manufacturer, shipper, specific grow-
ing area, or country for which the Secretary made
the written determination under paragraph (1) ad-
dresses the determination.
‘‘(B)(i) The Secretary shall take action on evidence
submitted under subparagraph (A)(ii) within 90 days after
the date of the submission of the evidence.
‘‘(ii) The Secretary’s action may include—
‘‘(I) lifting the denial of entry of the food; or
‘‘(II) continuing to deny entry of the food while
requesting additional information or specific reme-
dial action from the producer, manufacturer, ship-
per, specific growing area, or country.
‘‘(iii) If the Secretary does not take action on evi-
dence submitted under subparagraph (A)(ii) within 90
days after the date of submission, effective on the 91st
day after the date of submission, the food initially denied
entry under paragraph (1) may be imported into the
United States.
‘‘(3) The Secretary shall by regulation establish cri-
teria and procedures for the system described in para-
graph (1). The Secretary may by regulation modify those
criteria and procedures, as the Secretary determines ap-
propriate.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 351(h) of the Public Health Service
Act (42 U.S.C. 262(h)) is amended by striking ‘‘sec-
tion 801(e)(1) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 381(e))’’ and inserting ‘‘sec-
tion 801(g)(1) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 381(g)(1))’’.
(2) Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended—
(A) in paragraph (t), by striking ‘‘section
801(d)(1)’’ and inserting ‘‘section 801(f)(1)’’;
and
(B) in paragraph (w)—
(i) by striking ‘‘sections 801(d)(3)(A)
and 801(d)(3)(B)’’ and inserting ‘‘sub-
paragraphs 
(A) 
and 
(B) 
of 
section
801(f)(3)’’;
(ii) except as provided in clause (i), by
striking ‘‘section 801(d)(3)’’ each place it
appears and inserting ‘‘section 801(f)(3)’’;
and
(iii) by striking ‘‘section 801(e)’’ and
inserting ‘‘section 801(g)’’.
(3) Section 303(b)(1)(A) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333(b)(1)(A)) is
amended by striking ‘‘section 801(d)(1)’’ and insert-
ing ‘‘section 801(f)(1)’’.
(4) Section 304(d)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 334(d)(1)) is
amended—
(A) by striking ‘‘section 801(e)(1)’’ and in-
serting ‘‘section 801(g)(1)’’; and
(B) except as provided in subparagraph
(A), by striking ‘‘section 801(e)’’ each place it
appears and inserting ‘‘section 801(g)’’.
(5) Section 801 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381) is amended—
(A) in subsection (a), in the third sentence,
by striking ‘‘subsection (b) of this section’’ and
inserting 
‘‘subsection 
(b) 
or 
subsection
(e)(2)(A) (in the case of a food described in
that subsection)’’;
(B) in paragraph (3)(A) of subsection (f),
as redesignated in subsection (a), by striking
‘‘section 801(e) or 802’’ and inserting ‘‘sub-
section (g), section 802,’’; and
(C) in paragraph (1) of subsection (h), as
redesignated in subsection (a), by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (g)’’.
(6) Section 802 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 382) is amended—
(A) in subsection (a)(2)(C), by striking
‘‘section 801(e)(2)’’ and inserting ‘‘section
801(g)(2)’’;
(B) in subsection (f)(3), by striking ‘‘sec-
tion 
801(e)(1)’’ 
and 
inserting 
‘‘section
801(g)(1)’’; and
(C) in subsection (i), by striking ‘‘section
801(e)(1)’’ and inserting ‘‘section 801(g)(1)’’.
SEC. 102. PROHIBITION AGAINST THE DISTRIBUTION OF
CERTAIN FOOD.
(a) ADULTERATED FOODS.—Section 402 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 342) is
amended by adding at the end the following:
‘‘(h)(1) If—
‘‘(A) it is a food being imported or offered for
import into the United States;
‘‘(B) the food has been designated by the Sec-
retary for sampling, examination, or review for the
purpose of determining whether the food is in com-
pliance with this Act;
‘‘(C) the Secretary requires, under section
801(a)(2)(B), that the food not be distributed until
the Secretary authorizes the distribution of the food;
and
‘‘(D) the food is distributed before the Sec-
retary authorizes the distribution.
‘‘(2) In this paragraph, the term ‘distributed’, used
with respect to food, means—
‘‘(A) moved for the purpose of selling the food,
offering the food for sale, or delivering the food for
the purpose of selling the food or offering the food
for sale; or
‘‘(B) delivered contrary to any bond require-
ment.’’.
(b) PROHIBITION.—Section 801(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is
amended—
(1) in the third sentence, by redesignating para-
graphs (1) through (3) as subparagraphs (A)
through (C), respectively;
(2) by striking ‘‘(a) The’’ and inserting ‘‘(a)(1)
The’’;
(3) in the last sentence, by striking ‘‘Clause
(2)’’ and inserting ‘‘Subparagraph (B)’’;
(4) by moving the fourth sentence to the end;
(5) in the sentence so moved, by striking ‘‘The
Secretary’’ and inserting the following:
‘‘(2)(A) The Secretary’’; and
(6) by adding at the end the following:
‘‘(B) The Secretary of Health and Human Services
may require that a food being imported or offered for im-
port into the United States not be distributed until the
Secretary authorizes distribution of the food.’’.
SEC. 103. REQUIREMENT OF SECURE STORAGE OF CERTAIN
IMPORTED FOOD.
(a) ADULTERATED FOODS.—Section 402 of the Fed-
eral Food, Drug, and Cosmetic Act, as amended in section
102(a), is further amended by adding at the end the fol-
lowing:
‘‘(i) If—
‘‘(1) it is a food being imported or offered for
import into the United States;
‘‘(2) the Secretary requires, under section
801(a)(2)(C), that the food be held in a secure stor-
age facility until the Secretary authorizes distribu-
tion of the food; and
‘‘(3) the food is not held in a secure storage fa-
cility as described in section 801(a)(2)(C) until the
Secretary authorizes the distribution.’’.
(b) REQUIREMENT.—Section 801(a)(2) of the Fed-
eral Food, Drug, and Cosmetic Act, as amended in section
102(b), is further amended by adding at the end the fol-
lowing:
‘‘(C)(i) The Secretary of Health and Human Services
may require that a food that is being imported or offered
for import into the United States be held, at the expense
of the owner or consignee of the food, in a secure storage
facility until the Secretary authorizes distribution of the
food, if the Secretary makes the determination that the
food is—
‘‘(I) being imported or offered for import into
the United States by a person described in clause
(ii); or
‘‘(II) owned by or consigned to a person de-
scribed in clause (ii).
‘‘(ii) An importer, owner, or consignee referred to in
subclause (I) or (II) of clause (i) is a person against whom
the Secretary of the Treasury has assessed liquidated
damages not less than twice under subsection (b) for fail-
ure to redeliver, at the request of the Secretary of the
Treasury, food subject to a bond under subsection (b).’’.
SEC. 104. REQUIREMENT OF ADMINISTRATIVE DESTRUC-
TION OF CERTAIN IMPORTED FOOD.
(a) ADULTERATED FOODS.—Section 402 of the Fed-
eral Food, Drug, and Cosmetic Act, as amended in section
103(a), is further amended by adding at the end the fol-
lowing:
‘‘(j) Notwithstanding subsections (a)(2)(A) and (b) of
section 801, if—
‘‘(1) it is a food being imported or offered for
import into the United States;
‘‘(2) the food presents a reasonable probability
of causing significant adverse health consequences or
death;
‘‘(3) the Secretary, after the food has been re-
fused admission under section 801(a), requires
under section 801(a)(2)(D) that the food be de-
stroyed; and
‘‘(4) the owner or consignee of the food fails to
comply with that destruction requirement.’’.
(b) REQUIREMENT.—Section 801(a)(2) of the Fed-
eral Food, Drug, and Cosmetic Act, as amended in section
103(b), is further amended by adding at the end the fol-
lowing:
‘‘(D) The Secretary of Health and Human Services
may require destruction, at the expense of the owner or
consignee, of food imported or offered for import into the
United States that presents a reasonable probability of
causing significant adverse health consequences or
death.’’.
SEC. 105. PROHIBITION AGAINST PORT SHOPPING.
Section 402 of the Federal Food, Drug, and Cosmetic
Act, as amended in section 104(a), is further amended by
adding at the end the following:
‘‘(k) If it is an article of food being imported or of-
fered for import into the United States, and the article
of food previously has been refused admission under sec-
tion 801(a), unless the person reoffering the article affirm-
atively establishes, at the expense of the owner or con-
signee of the article, that the article complies with the ap-
plicable requirements of this Act, as determined by the
Secretary.’’.
SEC. 106. PROHIBITION OF IMPORTS BY DEBARRED PER-
SONS.
Section 402 of the Federal Food, Drug, and Cosmetic
Act, as amended in section 105, is further amended by
adding at the end the following:
‘‘(l) If it is a food being imported or offered for im-
port into the United States by a person debarred under
section 306(b)(4).’’.
SEC. 107. AUTHORITY TO MARK REFUSED ARTICLES.
(a) MISBRANDED FOODS.—Section 403 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 343) is
amended by adding at the end the following:
‘‘(t) If—
‘‘(1) it has been refused admission under sec-
tion 801(a);
‘‘(2) the food has not been required to be de-
stroyed under subparagraph (A) or (B) of section
801(a)(2); and
‘‘(3) the packaging of the food does not bear a
label or labeling described in section 801(a)(2)(E).’’.
(b) REQUIREMENT.—Section 801(a)(2) of the Fed-
eral Food, Drug, and Cosmetic Act, as amended in section
104(b), is further amended by adding at the end the fol-
lowing:
‘‘(E) The Secretary of Health and Human Services
may require the owner or consignee of food that has been
refused admission under paragraph (1), and has not been
required to be destroyed under subparagraph (A) or (B),
to affix to the packaging of the food a label or labeling
that—
‘‘(i) clearly and conspicuously bears the fol-
lowing statement: ‘United States: Refused Entry.’;
‘‘(ii) is affixed to the packaging until the food
is brought into compliance with this Act; and
‘‘(iii) has been provided at the expense of the
owner or consignee of the food.’’.
SEC. 108. EXPORT OF REFUSED ARTICLES.
Paragraph (2)(A) of section 801(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)), as des-
ignated in section 102(b), is amended by striking ‘‘ninety
days’’ and inserting ‘‘30 days’’.
SEC. 109. COLLECTION AND ANALYSIS OF SAMPLES OF
FOOD IMPORTS.
Section 801 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 381), as amended in section 101(a), is fur-
ther amended by adding at the end the following:
‘‘(i) The Secretary may issue regulations or guidance
as necessary to govern the collection and analysis by enti-
ties other than the Food and Drug Administration of sam-
ples of food imported or offered for import into the United
States to ensure the integrity of the samples collected and
the validity of the analytical results.’’.
TITLE 
II—ENFORCEMENT 
AND
PENALTIES FOR IMPORTING
CONTAMINATED FOOD
SEC. 201. ENHANCED BONDING REQUIREMENTS FOR PRIOR
INVOLVEMENT IN IMPORTING ADULTERATED
OR MISBRANDED FOOD.
Section 801(b) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 381(b)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following:
‘‘(2)(A) The Secretary of the Treasury, acting
through the Commissioner of Customs, shall issue regula-
tions that establish a rate for a bond required to be exe-
cuted under paragraph (1) for an article of food if an
owner, consignee, or importer of the food has committed
a covered violation.
‘‘(B) The regulations shall require the owner or con-
signee to execute such a bond—
‘‘(i) at twice the usual rate; or
‘‘(ii) if the owner, consignee, or importer has
committed more than 1 covered violation, at a rate
that increases with the number of covered violations
committed, as determined in accordance with a slid-
ing scale established in the regulations.
‘‘(C) In this paragraph:
‘‘(i) The term ‘committed’ means been con-
victed of, or found liable for, a violation by an ap-
propriate court or administrative officer.
‘‘(ii) The term ‘covered violation’ means a viola-
tion relating to—
‘‘(I) importing or offering for import into
the United States—
‘‘(aa) an article of food during a pe-
riod of debarment under section 306(b)(4);
‘‘(bb) an article of food that is adul-
terated within the meaning of paragraph
(h), (i), (j), (k), or (l) of section 402; or
‘‘(cc) an article of food that is mis-
branded within the meaning of section
403(t); or
‘‘(II) making a false or misleading state-
ment in conduct relating to the import or offer-
ing for import of a food into the United States.
‘‘(iii) The term ‘usual rate’, used with respect
to a bond, means the rate that would be required
under paragraph (1) for the bond by a person who
has not committed a covered violation.’’.
SEC. 202. DEBARMENT OF REPEAT OFFENDERS AND SERI-
OUS OFFENDERS.
(a) IN GENERAL.—Section 306(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 335a(b)) is
amended—
(1) in paragraph (1), in the paragraph heading,
by striking ‘‘IN GENERAL.—’’ and inserting ‘‘DE-
BARMENT FOR VIOLATIONS RELATING TO DRUGS.—’’;
(2) in paragraph (2), in the paragraph heading,
by striking ‘‘PERSONS SUBJECT TO PERMISSIVE DE-
BARMENT.—’’ and inserting ‘‘PERSONS SUBJECT TO
PERMISSIVE DEBARMENT FOR VIOLATIONS RELAT-
ING TO DRUGS.—’’;
(3) in paragraph (3), in the paragraph heading,
by striking ‘‘STAY OF CERTAIN ORDERS.—’’ and in-
serting ‘‘STAY OF CERTAIN ORDERS RELATING TO
DEBARMENT
FOR
VIOLATIONS
RELATING
TO
DRUGS.—’’; and
(4) by adding at the end the following:
‘‘(4) DEBARMENT FOR VIOLATIONS RELATING
TO FOOD IMPORTS.—
‘‘(A) IN
GENERAL.—The Secretary may
debar a person from importing a food or offer-
ing a food for import into the United States,
if—
‘‘(i) the Secretary finds that the per-
son has been convicted for conduct that is
a felony under Federal law and relates to
the importation or offering for importation
of any food into the United States; or
‘‘(ii) the Secretary makes a written
determination that the person has repeat-
edly or deliberately imported or offered for
import into the United States a food adul-
terated within the meaning of paragraph
(h), (i), (j), or (k) of section 402, or mis-
branded within the meaning of section
403(t).
‘‘(B) IMPACT.—On debarring a person
under subparagraph (A), the Secretary shall
provide notice of the debarment to the Sec-
retary of the Treasury, who shall deny entry of
food offered for import by the person.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) IN GENERAL.—Section 306 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 335a) is
amended—
(A) in subsection (c)—
(i) in paragraph (1)—
(I) in subparagraph (B), by
striking ‘‘, and’’ at the end and in-
serting a comma;
(II) by redesignating subpara-
graph (C) as subparagraph (D); and
(III) by inserting after subpara-
graph (B) the following:
‘‘(C) shall, during the period of a debar-
ment under subsection (b)(4), prohibit the
debarred person from importing a food or offer-
ing a food for import into the United States,
and’’;
(ii) in paragraph (2)(A), by inserting
after clause (iii) the following:
‘‘(iv) The period of debarment of any
person under subsection (b)(4) shall be not
less than 1 year.’’; and
(iii) in paragraph (3)—
(I) in subparagraph (C)—
(aa) by striking ‘‘suspect
drugs’’ and inserting ‘‘suspect
drugs or food’’; and
(bb) by striking ‘‘fraudu-
lently obtained’’ and inserting
‘‘fraudulently obtained or on food
wrongfully imported into the
United States’’; and
(II) in subparagraph (E), by in-
serting ‘‘in the case of a debarment
relating to a drug,’’ after ‘‘(E)’’;
(B) in subsection (d)—
(i) in paragraph (3)—
(I) in subparagraph (A)—
(aa) in clause (i), by striking
‘‘or (b)(2)(A)’’ and inserting ‘‘or
paragraph (2)(A) or (4) of sub-
section (b)’’; and
(bb) in clause (ii)(II), by in-
serting ‘‘in the case of a debar-
ment relating to a drug,’’ after
‘‘(II)’’; and
(II) in subparagraph (B)—
(aa) in clause (i), by striking
‘‘or clause (i), (ii), (iii) or (iv) of
subsection (b)(2)(B)’’ and insert-
ing ‘‘, clause (i), (ii), (iii), or (iv)
of subsection (b)(2)(B), or sub-
section (b)(4)’’; and
(bb) in clause (ii), by strik-
ing ‘‘subsection (b)(2)(B)’’ and
inserting ‘‘paragraph (2)(B) or
(4) of subsection (b)’’; and
(ii) in paragraph (4)—
(I) in subparagraph (A), by strik-
ing ‘‘(a)(2)’’ and inserting ‘‘(a)(2) or
(b)(4)’’;
(II) in subparagraph (B)—
(aa) in clause (ii), by strik-
ing ‘‘involving the development or
approval of any drug subject to
section 505’’ and inserting ‘‘in-
volving, as appropriate, the devel-
opment or approval of any drug
subject to section 505 or the im-
portation of any food’’; and
(bb) in clause (iv), by strik-
ing ‘‘drug’’ each place it appears
and inserting ‘‘drug or food’’;
and
(III) in subparagraph (D), in the
matter following clause (ii), by insert-
ing ‘‘, in the case of a debarment re-
lating to a drug,’’ before ‘‘protects’’;
and
(C) in subsection (l)(2), in the second sen-
tence, by striking ‘‘(b)(2)(B)’’ and inserting
‘‘(b)(2)(B), subsection (b)(4),’’.
(2) CIVIL PENALTIES.—Paragraphs (6) and (7)
of section 307(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 335b(a)) are amended by
striking ‘‘306’’ and inserting ‘‘306 (except section
306(b)(4))’’.
SEC. 203. INCREASED ENFORCEMENT TO IMPROVE THE
SAFETY OF IMPORTED FOOD.
Subchapter A of chapter VII of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 371 et seq.) is amend-
ed by adding at the end the following:
‘‘SEC. 712. POSITIONS TO IMPROVE THE SAFETY OF IM-
PORTED FOOD.
‘‘There is authorized to be appropriated such sums
as may be necessary for each of fiscal years 2000 through
2002 to enable the Commissioner, in carrying out chapters
IV and VIII, to decrease the health risks associated with
imported food through the creation of additional employ-
ment positions for laboratory, inspection, and compliance
personnel.’’.
TITLE III—IMPROVEMENTS TO
PUBLIC 
HEALTH 
INFRA-
STRUCTURE AND AWARENESS
SEC. 301. IMPROVEMENTS.
Title II of the Public Health Service Act (42 U.S.C.
202 et seq.) is amended by adding at the end the fol-
lowing:
‘‘PART C—PUBLIC HEALTH INFRASTRUCTURE
AND AWARENESS
‘‘SEC. 251. DEFINITIONS.
‘‘In this part:
‘‘(1) INSTITUTION OF HIGHER EDUCATION.—
The term ‘‘institution of higher education’’ has the
meaning given the term in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)).
‘‘(2) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Health and Human Services,
‘‘(B) to conduct additional surveillance and
studies to address prevention and control of the
disease.
‘‘(2) CENTERS
FOR
DISEASE
CONTROL
AND
PREVENTION.—The Secretary may use not more
than 30 percent of the funds appropriated to carry
out this section—
‘‘(A) to assist an agency described in para-
graph (1) in enhancing the capacity described
in paragraph (1) by providing standards, tech-
nologies, information, materials, and other re-
sources; and
‘‘(B) to enhance national surveillance sys-
tems, including the ability of domestic and
international agencies and entities to respond to
food safety issues associated with imported food
that are identified through such systems.
‘‘(c) ELIGIBLE AGENCIES.—To be eligible to receive
assistance under subsection (a)(1), an agency shall be a
State or local health department.
‘‘(d) APPLICATION.—To be eligible to receive assist-
ance under subsection (a)(1), an agency shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may re-
quire.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal years 2000
through 2002.
‘‘SEC. 253. PATHOGEN DETECTION RESEARCH AND DEVEL-
OPMENT.
‘‘(a) IN GENERAL.—The Secretary may conduct ap-
plied research, directly or by grant or contract, to develop
new or improved methods for detecting and subtyping
emerging foodborne pathogens in human specimens, food,
and relevant environmental samples. The Secretary may
use funds appropriated to carry out this section to support
applied research by State health departments or institu-
tions of higher education.
‘‘(b) APPLICATION.—To be eligible to receive a grant
or enter into a contract under subsection (a), an entity
shall submit an application to the Secretary at such time,
in such manner, and containing such information as the
Secretary may require.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal years 2000
through 2002.
‘‘SEC. 254. TRAINING, EDUCATION, AND PUBLIC INFORMA-
TION.
‘‘(a) IN GENERAL.—The Secretary may—
‘‘(1) make grants and enter into contracts with
eligible entities, to support training activities and
other collaborative activities with the entities to in-
form health professionals about foodborne disease,
including strengthening training networks serving
State, local, and private entities; and
‘‘(2) increase and improve the activities carried
out by the Centers for Disease Control and Preven-
tion to provide information to the public on
foodborne disease.
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive
a grant or enter into a contract under subsection (a), an
entity shall be a medical school, a nursing school, an entity
carrying out clinical laboratory training programs, a
school of public health, another institution of higher edu-
cation, a professional organization, or an international or-
ganization.
‘‘(c) APPLICATION.—To be eligible to receive a grant
or enter into a contract under subsection (a), an entity
shall submit an application to the Secretary at such time,
in such manner, and containing such information as the
Secretary may require.
‘‘(d) CONSULTATION.—In carrying out this section,
the Secretary shall consult with Federal, State, and local
agencies, international organizations, and other interested
parties.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal years 2000
through 2002.
‘‘SEC. 255. INTERNATIONAL PUBLIC HEALTH TRAINING AND
TECHNICAL ASSISTANCE.
‘‘(a) IN GENERAL.—The Secretary shall, directly or
by agreement, provide training and technical assistance to
agencies and entities in foreign countries, to strengthen
the foodborne disease surveillance and investigation capac-
ities of the agencies and entities, including establishing or
expanding activities or programs such as the Field Epide-
miology and Training Program of the Centers for Disease
Control and Prevention.
‘‘(b) APPLICATION.—To be eligible to enter into an
agreement under subsection (a), an entity shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may re-
quire.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal years 2000
through 2002.
‘‘SEC. 256. SUPPLIES AND SERVICES IN LIEU OF GRANT
FUNDS.
‘‘(a) IN GENERAL.—On the request of a recipient of
assistance under section 252, 253, 254, or 255, the Sec-
retary may, subject to subsection (b), provide supplies,
equipment, and services for the purpose of aiding the re-
cipient in carrying out the section involved and, for such
purpose, may detail to the grant recipient any officer or
employee of the Department of Health and Human Serv-
ices. Such detail shall be without interruption or loss of
civil service status or privilege.
‘‘(b) CORRESPONDING REDUCTION IN PAYMENTS.—
With respect to a request described in subsection (a), the
Secretary shall reduce the amount of payments under the
section involved by an amount equal to the cost of detail-
ing the officer or employee and the fair market value of
the supplies, equipment, or services provided by the Sec-
retary. The Secretary shall, for the payment of expenses
incurred in complying with such a request, expend the
amounts withheld.’’.
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