H. R. 2854—301
subsection and late payment penalties and interest charges
collected under paragraph (4) through fiscal year 2002.
‘‘(B) USE OF ACCOUNT.—For each of fiscal years 1996
through 2002, funds in the Agricultural Quarantine Inspec-
tion User Fee Account shall be available, in such amounts
as are provided in advance in appropriations Acts, to cover
the costs associated with the provision of agricultural quar-
antine and inspection services and the administration of
this subsection. Amounts made available under this
subparagraph shall be available until expended.
‘‘(C) EXCESS FEES.—Fees and other amounts collected
under this subsection in any of fiscal years 1996 through
2002 in excess of $100,000,000 shall be available for the
purposes specified in subparagraph (B) until expended,
without further appropriation.
‘‘(6) USE OF AMOUNTS COLLECTED AFTER FISCAL YEAR 2002.—
After September 30, 2002, the unobligated balance in the Agri-
cultural Quarantine Inspection User Fee Account and fees and
other amounts collected under this subsection shall be credited
to the Department of Agriculture accounts that incur the costs
associated with the provision of agricultural quarantine and
inspection services and the administration of this subsection.
The fees and other amounts shall remain available to the
Secretary until expended without fiscal year limitation.
‘‘(7) STAFF YEARS.—The number of full-time equivalent posi-
tions in the Department of Agriculture attributable to the provi-
sion of agricultural quarantine and inspection services and
the administration of this subsection shall not be counted
toward the limitation on the total number of full-time equiva-
lent positions in all agencies specified in section 5(b) of the
Federal Workforce Restructuring Act of 1994 (Public Law 103–
226; 5 U.S.C. 3101 note) or other limitation on the total number
of full-time equivalent positions.’’.
SEC. 918. MEAT AND POULTRY INSPECTION.
(a) ESTABLISHMENT OF SAFE MEAT AND POULTRY INSPECTION
PANEL.—
(1) IN
GENERAL.—The Federal Meat Inspection Act is
amended—
(A) by redesignating section 410 (21 U.S.C. 680) as
section 411; and
(B) by inserting after section 409 (21 U.S.C. 679) the
following:
‘‘SEC. 410. SAFE MEAT AND POULTRY INSPECTION PANEL.
‘‘(a) ESTABLISHMENT.—There is established in the Department
of Agriculture a permanent advisory panel to be known as the
‘Safe Meat and Poultry Inspection Panel’ (referred to in this section
as the ‘panel’).
‘‘(b) DUTIES.—
‘‘(1) REVIEW AND EVALUATION.—The panel shall review and
evaluate, as the panel considers necessary, the adequacy, neces-
sity, safety, cost-effectiveness, and scientific merit of—
‘‘(A) inspection procedures of, and work rules and
worker relations involving Federal employees employed in,
plants inspected under this Act;
H. R. 2854—302
‘‘(B) informal petitions or proposals for changes in
inspection procedures, processes, and techniques of plants
inspected under this Act;
‘‘(C) formal changes in meat inspection regulations
promulgated under this Act, whether in notice, proposed,
or final form; and
‘‘(D) such other matters as may be referred to the
panel by the Secretary regarding the quality or effective-
ness of a safe and cost-effective meat inspection system
under this Act.
‘‘(2) REPORTS.—
‘‘(A) IN GENERAL.—The panel shall submit to the Sec-
retary a report on the results of each review and evaluation
carried out under paragraph (1), including such rec-
ommendations as the panel considers appropriate.
‘‘(B) REPORTS ON FORMAL CHANGES.—In the case of
a report concerning a formal change in meat inspection
regulations, the report shall be made within the time limits
prescribed for formal comments on such changes.
‘‘(C) PUBLICATION IN FEDERAL REGISTER.—Each report
of the panel to the Secretary shall be published in the
Federal Register.
‘‘(c) SECRETARIAL RESPONSE.—Not later than 90 days after the
publication of a panel report under subsection (b)(2)(C), the Sec-
retary shall publish in the Federal Register any response required
of the Secretary to the report.
‘‘(d) COMPOSITION
OF PANEL.—The panel shall be composed
of 7 members, not fewer than 5 of whom shall be from the food
science, meat science, or poultry science profession, appointed to
staggered terms not to exceed 3 years by the Secretary from nomina-
tions received from the National Institutes of Health and the Fed-
eration of American Societies of Food Animal Science and based
on the professional qualifications of the nominees.
‘‘(e) NOMINATIONS.—
‘‘(1) INITIAL PANEL.—In constituting the initial panel, the
Secretary shall solicit 6 nominees from the National Institutes
of Health and 6 nominees from the Federation of American
Societies of Food Animal Science for membership on the panel.
‘‘(2) VACANCIES.—Any subsequent vacancy on the panel
shall be filled by the Secretary after soliciting 2 nominees
from the National Institutes of Health and 2 nominees from
the Federation of American Societies of Food Animal Science.
‘‘(3) REQUIREMENTS FOR NOMINEES.—
‘‘(A) IN GENERAL.—Each nominee provided under para-
graph (1) or (2) shall have a background in public health
issues and a scientific expertise in food, meat, or poultry
science or in veterinary science.
‘‘(B) SUBMISSION OF INFORMATION.—The Secretary may
require nominees to submit such information as the Sec-
retary considers necessary prior to completing the selection
process.
‘‘(4) ADDITIONAL NOMINEES.—If any list of nominees pro-
vided under paragraph (1) or (2) is unsatisfactory to the Sec-
retary, the Secretary may request the nominating entities to
submit an additional list of nominees.
‘‘(f) TRAVEL EXPENSES.—While away from the home or regular
place of business of a member of the panel in the performance
H. R. 2854—303
of services for the panel, the member shall be allowed travel
expenses, including per diem in lieu of subsistence, at the same
rate as a person employed intermittently in the Government service
would be allowed under section 5703 of title 5, United States
Code.
‘‘(g) CONFLICTS OF INTEREST.—The Secretary shall promulgate
regulations regarding conflicts of interest with respect to the mem-
bers of the panel.
‘‘(h) EXEMPTION.—The Federal Advisory Committee Act (5
U.S.C. App.) and title XVIII of the Food and Agriculture Act of
1977 (7 U.S.C. 2281 et seq.) shall not apply to the panel.
‘‘(i) FUNDING.—From funds available to the Secretary to carry
out this Act and the Poultry Products Inspection Act (21 U.S.C.
451 et seq.), the Secretary shall allocate such sums as may be
necessary to carry out this section.’’.
(2) CROSS REFERENCE IN POULTRY PRODUCTS INSPECTION
ACT.—The Poultry Products Inspection Act (21 U.S.C. 451 et
seq.) is amended by adding at the end the following:
‘‘SEC. 30. SAFE MEAT AND POULTRY INSPECTION PANEL.
‘‘(a) REVIEW AND EVALUATION.—The advisory panel known as
the ‘Safe Meat and Poultry Inspection Panel’ established by section
410 of the Federal Meat Inspection Act shall review and evaluate,
as the panel considers necessary, the adequacy, necessity, safety,
cost-effectiveness, and scientific merit of—
‘‘(1) inspection procedures of, and work rules and worker
relations involving Federal employees employed in, plants
inspected under this Act;
‘‘(2) informal petitions or proposals for changes in inspec-
tion procedures, processes, and techniques of plants inspected
under this Act;
‘‘(3) formal changes in poultry inspection regulations
promulgated under this Act, whether in notice, proposed, or
final form; and
‘‘(4) such other matters as may be referred to the panel
by the Secretary regarding the quality or effectiveness of a
safe and cost-effective poultry inspection system under this
Act.
‘‘(b) REPORTS.—
‘‘(1) IN GENERAL.—The Safe Meat and Poultry Inspection
Panel shall submit to the Secretary a report on the results
of each review and evaluation carried out under paragraph
(1), including such recommendations as the panel considers
appropriate.
‘‘(2) REPORTS ON FORMAL CHANGES.—In the case of a report
concerning a formal change in poultry inspection regulations,
the report shall be made within the time limits prescribed
for formal comments on such changes.’’.
(b) INTERSTATE SHIPMENT
OF STATE-INSPECTED MEAT
AND
POULTRY.—Not later than 90 days after the date of enactment
of this Act, the Secretary of Agriculture shall submit to Congress
recommendations concerning the steps necessary to achieve inter-
state shipment of—
(1) meat inspected under a State meat inspection program
developed and administered under section 301 of the Federal
Meat Inspection Act (21 U.S.C. 661); and
H. R. 2854—304
(2) poultry inspected under a State poultry product inspec-
tion program developed and administered under section 5 of
the Poultry Products Inspection Act (21 U.S.C. 454).
SEC. 919. REIMBURSABLE AGREEMENTS.
(a) IN GENERAL.—The Secretary of Agriculture (referred to
in this section as the ‘‘Secretary’’) may enter into reimbursable
fee agreements with persons for preclearance at locations outside
the United States of plants, plant products, animals, and articles
for movement into the United States.
(b) OVERTIME, NIGHT, AND HOLIDAY WORK.—Notwithstanding
any other provision of law, the Secretary may pay an employee
of the Department of Agriculture performing services relating to
imports into and exports from the United States for overtime,
night, and holiday work performed by the employee at a rate
of pay established by the Secretary.
(c) REIMBURSEMENT.—
(1) IN GENERAL.—The Secretary may require persons for
whom preclearance services are performed to reimburse the
Secretary for any amounts paid by the Secretary for perform-
ance of the services.
(2) CREDITING OF FUNDS.—All funds collected under para-
graph (1) shall be credited to the account that incurs the
costs and shall remain available until expended without fiscal
year limitation.
(3) LATE PAYMENT PENALTY.—
(A) IN GENERAL.—On failure of a person to reimburse
the Secretary for the costs of performance of preclearance
services—
(i) the Secretary may assess a late payment pen-
alty; and
(ii) the overdue funds shall accrue interest in
accordance with section 3717 of title 31, United States
Code.
(B) CREDITING OF FUNDS.—Any late payment penalty
and any accrued interest collected under this paragraph
shall be credited to the account that incurs the costs and
shall remain available until expended without fiscal year
limitation.
SEC. 920. OVERSEAS TORT CLAIMS.
(a) IN GENERAL.—The Secretary of Agriculture may pay a tort
claim in the manner authorized by section 2672 of title 28, United
States Code, if the claim arises outside the United States in connec-
tion with activities of individuals who are performing services for
the Secretary.
(b) PERIOD FOR PRESENTATION OF CLAIM.—A claim may not
be allowed under this section unless the claim is presented in
writing to the Secretary of Agriculture within 2 years after the
date on which the claim accrues.
(c) FINALITY.—Notwithstanding any other provision of law, an
award or denial of a claim by the Secretary of Agriculture under
this section is final.
SEC. 921. OPERATION OF GRADUATE SCHOOL OF DEPARTMENT OF
AGRICULTURE 
AS 
NONAPPROPRIATED 
FUND
INSTRUMENTALITY.
(a) DEFINITIONS.—In this section: