with the Secretary of Agriculture (acting through the
Food Safety Inspection Service of the Department of Agri-
culture) in carrying out the program.
‘‘(E) Of the amounts reserved under section
801B(a)(2)(B)(ii) for a fiscal year for carrying out the
program of research under subparagraph (A), the Sec-
retary shall make available not less than 50 percent for
making awards of grants or contracts to private entities
to conduct such research.’’.
SEC. 6. RECALL AUTHORITY REGARDING IMPORTED FOOD.
Chapter VIII of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 381 et seq.) is amended by inserting
after section 801 the following section:
‘‘RECALL AUTHORITY REGARDING IMPORTED FOOD
‘‘SEC. 801A. (a) IN GENERAL.—If the Secretary de-
termines that there is a reasonable basis for believing that
food imported into the United States has been inten-
tionally adulterated, the following applies:
‘‘(1) The Secretary shall issue an order requir-
ing the appropriate persons (including importers,
distributors, or retailers) to immediately cease dis-
tribution of the food.
‘‘(2) In the case of a food to which an order
under subparagraph (A) applies, the provisions of
paragraphs (1) and (2)(A) of section 518(e) regard-
ing an informal hearing, and amending an order of
the Secretary to require a recall, apply with respect
to the food to the same extent and in the same man-
ner as such provisions apply with respect to devices.
‘‘(b) INFANT FORMULA.—With respect to the recall
of infant formula, section 412(e) applies in lieu of sub-
section (a) of this section.’’.
SEC. 7. USER FEES REGARDING INSPECTIONS OF IM-
PORTED FOOD SAFETY.
Chapter VIII of the Federal Food, Drug, and Cos-
metic Act, as amended by section 6 of this Act, is amended
by inserting after section 801A the following section:
‘‘USER FEES REGARDING FOOD SAFETY
‘‘SEC. 801B. (a) IN GENERAL.—
‘‘(1) ASSESSMENT.—Beginning in fiscal year
2002, the Secretary shall in accordance with this
section assess and collect fees on food imported into
the United States.
‘‘(2) PURPOSE OF FEES.—
‘‘(A) IN GENERAL.—The purpose of fees
under paragraph (1) is to defray increases in
the costs of the resources allocated for carrying
out section 801 with respect to food over the
costs of carrying out such section with respect
to food in fiscal year 2001 multiplied by the ad-
justment factor. Increases referred to in the
preceding sentence include increases in such
costs for an additional number of full-time
equivalent positions in the Department of
Health and Human Services to be engaged in
carrying out such section.
‘‘(B) ALLOCATIONS
BY
SECRETARY.—Of
the total fee revenues collected under paragraph
(1) for a fiscal year, the Secretary shall reserve
and expend amounts in accordance with the fol-
lowing:
‘‘(i) The Secretary shall reserve not
less than 50 percent for carrying out sec-
tion 801 with respect to food, other than
research under subsection (c)(10) of such
section. In expending the amount so re-
served, the Secretary shall give priority to
inspections conducted at ports of entry
into the United States, with the greatest
priority given to inspections to detect the
intentional adulteration of food.
‘‘(ii) The Secretary shall reserve not
more than 50 percent for carrying out re-
search under section 801(c)(10).
‘‘(3) AMOUNT
OF
FEE; COLLECTION.—A fee
under paragraph (1) shall be assessed on each line
item of food, as defined by the Secretary by regula-
tion. The amount of the fee shall be based on the
number of line items, and may not exceed $20 per
line item, notwithstanding subsection (b). The liabil-
ity for the fee constitutes a personal debt due to the
United States, and such liability accrues on the date
on which the Secretary approves the food under sec-
tion 801(c)(1). The Secretary may coordinate with
and seek the cooperation of other agencies of the
Federal Government regarding the collection of such
fees.
‘‘(b) TOTAL FEE REVENUES.—The total fee revenues
collected under subsection (a) for a fiscal year shall be
the amount appropriated under subsection (f)(3).
‘‘(c) ADJUSTMENTS.—
‘‘(1) INFLATION
ADJUSTMENT.—With respect
to the amount of total fee revenues referred to in
subsection (b), the amount authorized in subsection
(f)(3) for a fiscal year shall be adjusted by the Sec-
retary (and as adjusted shall be published in the
Federal Register) to reflect the greater of—
‘‘(A) the total percentage change that oc-
curred during the preceding fiscal year in the
Consumer Price Index for all urban consumers
(all items; U.S. city average); or
‘‘(B) the total percentage change for such
fiscal year in basic pay under the General
Schedule in accordance with section 5332 of
title 5, United States Code, as adjusted by any
locality-based comparability payment pursuant
to section 5304 of such title for Federal em-
ployees stationed in the District of Columbia.
‘‘(2) ANNUAL
FEE
ADJUSTMENT.—Not later
than 60 days after the end of each fiscal year begin-
ning after fiscal year 2002, the Secretary, subject to
not exceeding the maximum fee amount specified in
subsection (a)(3), shall adjust the amounts that oth-
erwise would under subsection (a) be assessed as
fees during the fiscal year in which the adjustment
occurs so that the total revenues collected in such
fees for such fiscal year equal the amount applicable
pursuant to subsection (b) for the fiscal year.
‘‘(d) FEE WAIVER OR REDUCTION.—The Secretary
shall grant a waiver from or a reduction of a fee assessed
under subsection (a) where the Secretary finds that the
fee to be paid will exceed the anticipated present and fu-
ture costs incurred by the Secretary in carrying out sec-
tion 801 with respect to food (which finding may be made
by the Secretary using standard costs).
‘‘(e) ASSESSMENT OF FEES.—
‘‘(1) LIMITATION.—Fees may not be assessed
under subsection (a) for a fiscal year beginning after
fiscal year 2002 unless the amount appropriated for
salaries and expenses of the Food and Drug Admin-
istration for such fiscal year is equal to or greater
than the amount appropriated for salaries and ex-
penses of the Food and Drug Administration for fis-
cal year 2002 multiplied by the adjustment factor
applicable to the fiscal year involved, except that in
making determinations under this paragraph for the
fiscal years involved there shall be excluded—
‘‘(A) the amounts appropriated under sub-
section (f)(3) for the fiscal years involved; and
‘‘(B) the amounts appropriated under sec-
tion 736(g) for such fiscal years.
‘‘(2) AUTHORITY.—If the Secretary does not
assess fees under subsection (a) during any portion
of a fiscal year because of paragraph (1) and if at
a later date in such fiscal year the Secretary may as-
sess such fees, the Secretary may assess and collect
such fees, without any modification in the rate of
the fees, at any time in such fiscal year notwith-
standing the provisions of subsection (a)(3) relating
to the time at which fees are to be paid.
‘‘(f) CREDITING AND AVAILABILITY OF FEES.—
‘‘(1) IN GENERAL.—Fees collected for a fiscal
year pursuant to subsection (a) shall be credited to
the appropriation account for salaries and expenses
of the Food and Drug Administration and shall be
available in accordance with appropriation Acts until
expended without fiscal year limitation. Such sums
as may be necessary may be transferred from the
Food and Drug Administration salaries and ex-
penses appropriation account without fiscal year lim-
itation to such appropriation account for salaries
and expenses with such fiscal year limitation. The
sums transferred shall be available solely for car-
rying out section 801 with respect to food, and the
sums are subject to allocations under subsection
(a)(2)(B).
‘‘(2) 
COLLECTIONS
AND
APPROPRIATION
ACTS.—The fees authorized in subsection (a)—
‘‘(A) shall be collected in each fiscal year
in accordance with subsections (a)(3) and (b);
and
‘‘(B) shall only be collected and available
for the purpose specified in subsection (a)(2).
‘‘(3) AUTHORIZATION OF APPROPRIATIONS; AL-
LOCATIONS BY SECRETARY.—Subject to paragraph
(4) and subsection (c)(1), there is authorized to be
appropriated for fees under this section $56,000,000
for each of the fiscal years 2002 through 2006.
‘‘(4) OFFSET.—Any amount of fees collected
for a fiscal year under subsection (a) that exceeds
the amount of fees specified in appropriation Acts
for such fiscal year shall be credited to the appro-
priation account of the Food and Drug Administra-
tion as provided in paragraph (1), and shall be sub-
tracted from the amount of fees that would other-
wise be authorized to be collected under this section
pursuant to appropriation Acts for a subsequent fis-
cal year.
‘‘(g) COLLECTION OF UNPAID FEES.—In any case
where the Secretary does not receive payment of a fee as-
sessed under subsection (a) within 30 days after it is due,
such fee shall be treated as a claim of the United States
Government subject to subchapter II of chapter 37 of title
31, United States Code.
‘‘(h) CONSTRUCTION.—This section may not be con-
strued as requiring that the number of full-time equivalent
positions in the Department of Health and Human Serv-
ices, for officers, employees, and advisory committees not
engaged in carrying out section 801 with respect to food
be reduced to offset the number of officers, employees, and
advisory committees so engaged.
‘‘(i) DEFINITION
OF ADJUSTMENT FACTOR.—For
purposes of this section, the term ‘adjustment factor’ ap-
plicable to a fiscal year is the lower of—
‘‘(1) the Consumer Price Index for all urban
consumers (all items; United States city average) for
April of the preceding fiscal year divided by such
Index for April 2001; or
‘‘(2) the total of discretionary budget authority
provided for programs in categories other than the
defense category for the immediately preceding fiscal
year (as reported in the Office of Management and
Budget sequestration preview report, if available, re-
quired under section 254(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985) divided
by such budget authority for fiscal year 2001 (as re-
ported in the Office of Management and Budget
final sequestration report submitted after the end of
the 106th Congress, 2d Session).
The terms ‘budget authority’ and ‘category’ in subpara-
graph (B) are as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985.’’.
SEC. 8. ADDITIONAL FUNDING REGARDING DETECTION OF
INTENTIONAL ADULTERATION OF IMPORTED
FOOD.
Chapter VIII of the Federal Food, Drug, and Cos-
metic Act, as amended by section 7 of this Act, is amended
by inserting after section 801B the following:
‘‘ADDITIONAL FUNDING FOR DETECTING INTENTIONAL
ADULTERATION OF IMPORTED FOOD
‘‘SEC. 801C. (a) ADDITIONAL AUTHORIZATION OF
APPROPRIATIONS.—For the purpose of carrying out the
responsibilities of the Secretary under sections 801 and
801A with respect to detecting the intentional adulteration
of food imported or offered for import into the United
States, including implementation of the plan developed by
the Secretary under subsection (b) of this section, there
are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2002 through 2006.
Such authorization is in addition to other authorizations
of appropriations that are available for such purpose.
‘‘(b) EMERGENCY IMPLEMENTATION PLAN; MAIN-
TAINING PUBLIC CONFIDENCE REGARDING FOOD SAFE-
TY.—
‘‘(1) IN
GENERAL.—Not later than 30 days
after the date of the enactment of the Imported
Food Safety Act of 2001, the Secretary shall submit
to the Congress a plan for carrying out the respon-
sibilities of the Secretary that are described in sub-
section (a).
‘‘(2) PUBLIC
CONFIDENCE.—The plan under
paragraph (1) shall provide for such numbers and
types of food inspections at ports of entry into the
United States as will in the determination of the
Secretary be sufficient for the public to have con-
fidence that food imported into the United States
has not been intentionally adulterated. For purposes
of the preceding sentence, the plan shall provide for
the testing of samples of food in order to determine
whether there is a high level of statistical confidence
that the food is not intentionally adulterated.
‘‘(3) EFFECTIVE DATE.—With respect to the
availability of appropriations under subsection (a) to
implement the plan submitted to the Congress under
paragraph (1), such plan takes effect upon the expi-
ration of the 30-day period beginning on the date on
which the plan is so submitted.’’.
Æ