In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Example Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Soledad Canyon Mine Act''.

SEC. 2. FINDING AND PURPOSES.

(a) Findings.--The Congress finds the following:
(1) Transit Mix Concrete Corporation holds two valid
Federal contracts, numbered CA-20139 and CA-22901, issued under
the Materials Act of 1947, for the extraction of approximately
56,000,000 tons of sand and gravel from the Federal mineral
estate in lands located in Soledad Canyon adjacent to the city
of Santa Clarita, California.
(2) It is in the best interest of the citizens of
California and the Federal Government to cancel the Contracts
and prohibit future mining in the Soledad Canyon area of
California.
(3) TMC should receive as just compensation for such
cancellation the fair market value of the Contracts and all
costs, fees, and covered liabilities incurred by TMC in good
faith in its efforts to develop the Contracts.
(4) A site-specific solution that is fair to TMC and that
seeks to protect the environment and minimize impacts on local
transportation systems is in the best interest of the Nation.
(5) Considerable sums of money have been expended by TMC
and the city of Santa Clarita on legal and other services in
trying to ensure their interests are protected with respect to
Contracts CA-20139 and CA-22901.
(b) Purposes.--The purposes of this Act are the following:
(1) To provide to the Bureau of Land Management the
authority to cancel contracts CA-20139 and CA-22901 and
prohibit future mining in the Soledad Canyon.
(2) To provide a means for TMC to recover as just
compensation for the cancellation of the Contracts the fair
market value of, and TMC's expenditures and covered liabilities
pursuing the development of, the Contracts.
(3) To provide the Bureau of Land Management tools to
verify expenses incurred by TMC and provide relief.
(4) To provide timelines for the verification of costs
incurred by TMC and the determination of just compensation, and
to provide a dispute resolution process.

SEC. 3. DEFINITIONS.

In this Act:
(1) Contracts.--The term ''Contracts'' means Bureau of Land
Management mineral contracts numbered CA-20139 and CA-22901.
(2) Covered liabilities.--The term ''covered liabilities''
includes any court-ordered or court-approved payment,
settlement, or other liability on the part of TMC for damages,
costs, compensation, or reimbursement to any third party for
agreements entered into by TMC in good faith prior to January
1, 2008, in order to exercise rights under the Contracts.
(3) Materials act of 1947.--The term ''Materials Act of
1947'' means the Act of July 31, 1947, (chapter 406; 61 Stat.
681; 30 U.S.C. 601-604).
(4) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(5) TMC.--The term ''TMC'' means the Transit Mixed Concrete
Corporation and its successors in interest, including CEMEX
USA.

SEC. 4. CANCELLATION OF THE CONTRACTS.

(a) Contract Cancellations.--The Secretary shall cancel Bureau of
Land Management mineral contracts CA-20139 and CA-22901 and withdraw
those areas that were subject to the Contracts from further mineral
entry under all mineral leasing and sales authorities available to the
Secretary, effective on the date of the enactment of this Act.
(b) Compensation.--
(1) In general.--As compensation for the cancellation of
the Contracts, TMC shall receive fair market value of the
Contracts and TMC's expenditures and covered liabilities in
trying to bring the Contracts into commercial production. As
such compensation, the Secretary shall provide to TMC surface
and mineral interests and additional value in accordance with
subsection (d) having a total value equal to the amount
described in paragraph (3). All such expenditures must have
been incurred by TMC in good faith in connection with its
efforts to bring the Contracts into commercial production:
Provided, however, that compensation for covered liabilities
may be paid to TMC under this section for up to 15 years
following the effective date of this Act.
(2) Increase in adjusted basis of contract upon
cancellation.--For purposes of the Internal Revenue Code of
1986, the adjusted basis of any contract to which section 4(a)
applies shall be increased (immediately before the cancellation
of such contract under such section) by the excess (if any)
of--
(A) the fair market value of such contract
(determined immediately before such cancellation), over
(B) the adjusted basis of such contract (as
determined immediately before the application of this
section).
(3) Value described.--The compensation provided for in
paragraph (1) is equal to the sum of the following:
(A) All amounts paid to the United States by TMC
with respect to the Contracts as bonus bids or other
prepayments.
(B) Interest on amounts referred to in subparagraph
(A), from the date of payment of such amounts to the
United States, at a rate determined by the Secretary.
(C) Amounts expended by TMC in securing the
contracts and trying to bring them into production,
including--
(i) all actual costs, including fees,
associated with the engineering and
environmental studies, and permitting
proceedings, that were incurred in good faith
in TMC's efforts to exercise the rights granted
under the Contract terms; and
(ii) all actual legal costs, including fees
and covered liabilities, incurred in good faith
in TMC's efforts to exercise the rights granted
in the Contracts, including all fees and costs
associated with securing permits and
entitlements, litigation to compel, secure, or
defend permits or entitlements, and litigation
in connection with disputes relating to mineral
and surface estate rights to the property that
is the subject of the Contracts.
(D) The fair market value of the Contracts.
(4) Determination of fair market value.--The Secretary
shall, within six months after the date of enactment of this
Act, determine by mineral appraisal the fair market value of
the contracts at the time of such determination for purposes of
paragraph (3)(D), determine by mineral appraisal or other
generally accepted applicable appraisal techniques the fair
market value of the surface and mineral estate identified in
the map referred to in subsection (d), and notify TMC of those
determinations. In determining the fair market value of the
Contracts, the Secretary shall assume that--
(A) TMC has obtained all permits and entitlements
necessary to mine, produce, process, and sell sand and
gravel from the Contracts;
(B) mining operations under the Contracts have
commenced at the time of the determination, with
maximum annual production volumes that--
(i) are based on the projected supply and
demand outlook at the time of determination;
and
(ii) reflect depletion of the reserves of
the Contracts within the effective periods of
the Contract;
(C) the fair market value of the Contracts includes
the present value of expected future net cash flows to
be derived from the mining, producing, processing, and
sale of the sand and gravel contained in the Contracts
over the minimum time necessary to mine, produce,
process, and sell such sand and gravel, taking into
consideration--
(i) the material deposit contained in the
contract sites and its quality, volume,
minability, and reclamation requirements;
(ii) the proximity of the contract sites to
markets;
(iii) the type of market that could be
served from the contract sites, including
future supply, demand, and probable price
increases based upon construction material data
developed by the State of California;
(iv) the cost of mining, producing,
processing, and selling the material reserved
in the contract sites;
(v) the types and costs of transportation
for such production from the contract sites to
markets;
(vi) royalties, taxes, and fees to mine and
sell the production from the contract sites;
(vii) similar market sales of materials the
area or region of the contract sites; and
(viii) the net present values of expected
future cash flows from proposed mining
operations of the Contract sites taking into
consideration, at a minimum, the matters
referred to in clauses (i) through (viii).
(c) Submission of Expenses Incurred.--
(1) In general.--To assist in the verification of the
amounts expended referred to in subsection (b)(3)(C), TMC shall
submit to the Secretary within 60 days after the date of
enactment of this Act an itemized list of such amounts, with
enough detail and supporting documentation so the Secretary can
determine that the expenses are associated with the Contracts.
(2) Arbitration.--The Secretary shall issue the
determination of the amounts expended referred to in subsection
(b)(3)(C) within 60 days after receipt of the itemized list
required under paragraph (1). If the Secretary disapproves such
list, the Secretary shall, upon request of TMC, determine the
economic value invested for purposes of subsection (b)(3)
through arbitration in accordance with subchapter IV of chapter
5 of title 5, United States Code.
(d) Return of Value Opportunities for TMC.--
(1) In general.--Within six months after the completion of
the requirements of subsections (b) and (c), the Secretary
shall provide to TMC the following:
(A) Surface and mineral estate interests and
additional value under subsection (b)(1) using the
surface and mineral estate as described and delineated
as Area A on the map entitled ''Cemex USA and City of
Victorville, California Land Disposal and Acquisition
Agreement'' and on file with the Secretary, consisting
of approximately 5,000 acres.
(B) If the fair market value of the surface and
mineral estate used under subparagraph (A) is less than
the sum described in subsection (b)(3), additional
mineral or surface estate under subsection (b)(1) using
the surface and mineral estate as described and
delineated as Area B on the map entitled ''Cemex USA
and City of Victorville, California Land Disposal and
Acquisition Agreement'' and on file with the Secretary,
consisting of approximately 3,000 acres as is necessary
so that the sum of the values provided under
subparagraph (A) and this subparagraph does not exceed
the sum described in subsection (b)(3).
(C) If the sum of the fair market values of the
surface and mineral estates and additional value
provided under subparagraphs (A) and (B) is less that
the sum described in subsection (b)(3), additional
value as is necessary so that the sum of the values
provided under subparagraphs (A) and (B) and this
subparagraph does not exceed the sum described in
subsection (b)(3), in the form of one or more of the
following that are mutually agreed to by the Secretary
and TMC:
(i) Credits that may be applied against
future royalties, bonus bids, or rental fees
for Federal lands administered by the Secretary
and located within the State of California,
including leases for all submerged lands of the
outer Continental Shelf.
(ii) Interest in the mineral estate in
Federal lands in the State of California that
are available for sale under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or other
law administered by the Secretary.
(iii) Interests in the surface estate in
Federal lands in the State of California that
are under the administrative jurisdiction of
the Secretary and that are available for
disposal.
(e) Treatment of Credits.--
(1) Term.--Credits provided under subsection (d) shall
expire at the end of the 10-year period beginning on the date
the credits are issued by the Secretary.
(2) Assignment.--TMC may assign credits provided to TMC
under subsection (d) to any person who satisfies the same
requirements to hold the Contracts as those that applied to TMC
under the Materials Act of 1947.
(f) Referral to Court of Claims.--
(1) Referral.--If within 12 months after the date of
enactment of this Act, the Secretary and TMC do not reach
agreement under subsections (b), (c), and (d) regarding the
financial and mineral production opportunities to be provided
by the Secretary to TMC under subsection (b)(1), or, if within
3 months after TMC receives notice in accordance with
subsection (b)(4) of the fair market value determined by the
Secretary of the surface and mineral estate identified in the
maps referred to in subsection (d) TMC or the city of
Victorville, California, notifies the Secretary that it
disagrees with the Secretary's determination, the Secretary
shall refer the issues upon which TMC, or the city of
Victorville, California, and the Secretary are not in agreement
with respect to such an agreement or fair market value to the
United States Court of Federal Claims for resolution
(2) Resolution by court.--In any referral under this
subsection, the court shall--
(A) determine de novo the values described in
subsection (b) and (d), including the fair market
values of the surface and mineral estates as described
and delineated on the maps referred to in subsection
(d)(1); and
(B) determine and order the Secretary to provide
financial and mineral production opportunities
consistent with subparagraph (A), for purposes of
subsections (b)(1) and (d).

SEC. 5. LIMITATIONS ON FUTURE LEASING FOR LAND OR MINERAL ESTATE IN THE
VICTOR VALLEY AREA OF CALIFORNIA.

Notwithstanding anything in this Act to the contrary, prior to any
lease, transfer, or other disposition of land or any mineral or surface
estate for any area that is located in the city of Victorville,
California, the city of Victorville's sphere of influence, or the city
of Victorville's proposed sphere of influence, all as delineated on the
map entitled ''Cemex USA and City of Victorville, California Land
Disposal and Acquisition Agreement'' and on file with the Secretary,
the Secretary shall--
(1) consult with the city of Victorville, California, and
surface owners in that area; and
(2) prohibit mining in that area.
Example Output: Soledad Canyon Mine Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw from further mineral entry the areas subject to them, which are located in Soledad Canyon adjacent to Santa Clarita, California.

Requires Transit Mixed Concrete Corporation to receive, as compensation for cancellation of the contracts, their fair market value and its expenditures and covered liabilities in trying to bring the contracts into commercial production.

Increases the adjusted basis of the contracts upon cancellation for federal tax purposes.

Directs the Secretary, before any disposition of land, mineral or surface estate for any area located in the city of Victorville, California, to: (1) consult with the city and surface owners; and (2) prohibit mining in such area.

Example Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Medical Nutrition Equity Act of
2017''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Specialized food is often medically necessary for the
safe and effective management of many digestive and inherited
metabolic disorders that impact digestion, absorption, and
metabolism of nutrients.
(2) Although medically necessary food is essential for
patients, it is often expensive and not uniformly reimbursed by
health insurance, leaving many families with an insurmountable
financial burden.
(3) As a result, many patients who cannot afford medically
necessary food may experience adverse health consequences from
suboptimal disease management, including hospitalization,
intellectual impairment, behavioral dysfunction, inadequate
growth, nutrient deficiencies, and even death.

SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR DIGESTIVE
AND INHERITED METABOLIC DISORDERS UNDER FEDERAL HEALTH
PROGRAMS AND PRIVATE HEALTH INSURANCE.

(a) Coverage Under the Medicare Program.--
(1) Medically necessary food.--
(A) In general.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(i) in subparagraph (FF), by striking
''and'' at the end;
(ii) in subparagraph (GG), by inserting
''and'' at the end; and
(iii) by adding at the end the following
new subparagraph:
''(HH) medically necessary food (as defined in subsection
(jjj)) and the medical equipment and supplies necessary to
administer such food (other than medical equipment and supplies
described in subsection (n));''.
(B) Definition.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at
the end the following new subsection:

''Medically Necessary Food

''(jjj)(1) Subject to paragraph (2), the term 'medically necessary
food' means food, including a low protein modified food product and an
amino acid preparation product, that is--
''(A) furnished pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation, for the dietary management of a covered
disease or condition;
''(B) a specially formulated and processed product (as
opposed to a naturally occurring foodstuff used in its natural
state) for the partial or exclusive feeding of an individual by
means of oral intake or enteral feeding by tube;
''(C) intended for the dietary management of an individual
who, because of therapeutic or chronic medical needs, has
limited or impaired capacity to ingest, digest, absorb, or
metabolize ordinary foodstuffs or certain nutrients, or who has
other special medically determined nutrient requirements, the
dietary management of which cannot be achieved by the
modification of the normal diet alone;
''(D) intended to be used under medical supervision, which
may include in a home setting; and
''(E) intended only for an individual receiving active and
ongoing medical supervision wherein the individual requires
medical care on a recurring basis for, among other things,
instructions on the use of the food.
''(2) For purposes of paragraph (1), the term 'medically necessary
food' does not include the following:
''(A) Foods taken as part of an overall diet designed to
reduce the risk of a disease or medical condition or as weight
loss products, even if they are recommended by a physician or
other health professional.
''(B) Foods marketed as gluten-free for the management of
celiac disease or non-celiac gluten sensitivity.
''(C) Foods marketed for the management of diabetes.
''(D) Other products determined appropriate by the
Secretary.
''(3) In this subsection, the term 'covered disease or condition'
means the following diseases or conditions:
''(A) Inherited metabolic disorders, including the
following:
''(i) Disorders classified as metabolic disorders
on the Recommended Uniform Screening Panel Core
Conditions list of the Secretary of Health and Human
Services' Advisory Committee on Heritable Disorders in
Newborns and Children.
''(ii) N-acetyl glutamate synthase deficiency.
''(iii) Ornithine transcarbamlyase deficiency.
''(iv) Carbamoyl phosphate synthestase deficiency.
''(v) Inherited disorders of mitochondrial
functioning.
''(B) Medical and surgical conditions of malabsorption,
including the following:
''(i) Impaired absorption of nutrients caused by
disorders affecting the absorptive surface, functional
length, and motility of the gastrointestinal tract,
including short bowel syndrome and chronic intestinal
pseudo-obstruction.
''(ii) Malabsorption due to liver or pancreatic
disease.
''(C) Immunoglobulin E and non-Immunoglobulin E-mediated
allergies to food proteins, including the following:
''(i) Immunoglobulin E and non-Immunoglobulin E-
mediated allergies to food proteins.
''(ii) Food protein-induced enterocolitis syndrome.
''(iii) Eosinophilic disorders, including
eosinophilic esophagitis, eosinophilic gastroenteritis,
eosinophilic colitis, and post-transplant eosinophilic
disorders.
''(D) Inflammatory or immune mediated conditions of the
alimentary tract, including the following:
''(i) Inflammatory bowel disease, including Crohn's
disease, ulcerative colitis, and indeterminate colitis.
''(ii) Gastroesophageal reflux disease that is
nonresponsive to standard medical therapies.
''(E) Any other disease or condition determined appropriate
by the Secretary.
''(4) In this subsection, the term ' low protein modified food
product' means a product formulated to have less than one gram of
protein per serving.''.
(C) Payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(i) by striking ''and'' before ''(BB)'';
and
(ii) by inserting before the semicolon at
the end the following: '', and (CC) with
respect to medically necessary food (as defined
in section 1861(jjj)), the amount paid shall be
an amount equal to 80 percent of the lesser of
the actual charge for the services or the
amount determined under a fee schedule
established by the Secretary for purposes of
this subparagraph.''.
(D) Effective date.--The amendments made by this
subsection shall apply to items and services furnished
on or after the date that is 1 year after the date of
the enactment of this Act.
(2) Inclusion of medically necessary vitamins as a covered
part d drug.--
(A) In general.--Section 1860D-2(e)(1) of the
Social Security Act (42 U.S.C. 1395w-102(e)(1)) is
amended--
(i) in subparagraph (A), by striking ''or''
at the end;
(ii) in subparagraph (B), by striking the
comma at the end and inserting ''; or''; and
(iii) by inserting after subparagraph (B)
the following new subparagraph:
''(C) medically necessary vitamins used for the
management of a covered disease or condition (as
defined in section 1861(jjj)(3)) pursuant to the
prescription, order, or recommendation (as applicable)
of a physician or other health care professional
qualified to make such prescription, order, or
recommendation,''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply to plan years beginning on
or after the date that is 1 year after the date of the
enactment of this Act.
(b) Coverage Under the Medicaid Program.--
(1) In general.--Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended--
(A) in paragraph (28), by striking ''and'' at the
end;
(B) by redesignating paragraph (29) as paragraph
(31); and
(C) by inserting after paragraph (28) the following
new paragraphs:
''(29) medically necessary food (as defined in section
1861(jjj)) and the medical equipment and supplies necessary to
administer such food;
''(30) medically necessary vitamins used for the management
of a covered disease or condition (as defined in section
1861(jjj)(3)) pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation; and''.
(2) Conforming amendments.--
(A) Mandatory benefits.--Section 1902(a)(10)(A) of
the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is
amended, in the matter preceding clause (i), by
striking ''and (28)'' and inserting ''(28), (29), and
(30)''.
(B) Exception to coverage restriction.--Section
1927(d)(2)(E) of the Social Security Act (42 U.S.C.
1396r-8(d)(2)(E)) is amended by inserting ''and except
for medically necessary vitamins described in section
1905(a)(30)'' before the period at the end.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall take effect on
the date that is 1 year after the date of the enactment
of this Act.
(B) Exception to effective date if state
legislation required.--In the case of a State plan for
medical assistance under title XIX of the Social
Security Act which the Secretary of Health and Human
Services determines requires State legislation (other
than legislation appropriating funds) in order for the
plan to meet the additional requirements imposed by the
amendments made by this subsection, the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its
failure to meet this additional requirement before the
first day of the first calendar quarter beginning after
the close of the first regular session of the State
legislature that begins after the date of the enactment
of this Act. For purposes of the previous sentence, in
the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to
be a separate regular session of the State legislature.
(c) Coverage Under CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following:
''(9) Medically necessary food.--The child health
assistance provided to a targeted low-income child under the
plan shall include coverage of medically necessary food (as
defined in section 1861(jjj)) and the medical equipment and
supplies necessary to administer such food.
''(10) Certain vitamins.--The child health assistance
provided to a targeted low-income child under the plan shall
include coverage of medically necessary vitamins used for the
management of a covered disease or condition (as defined in
section 1861(jjj)(3)) pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation.''.
(2) Conforming amendment.--Section 2103(a) of the Social
Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter
preceding paragraph (1), by striking ''and (7)'' and inserting
''(7), (9), and (10)''.
(3) Effective date.--
(A) In general.--Subject to subparagraph (B), the
amendments made by this subsection shall take effect on
the date that is 1 year after the date of the enactment
of this Act.
(B) Exception to effective date if state
legislation required.--In the case of a State child
health plan for child health assistance under title XXI
of the Social Security Act which the Secretary of
Health and Human Services determines requires State
legislation (other than legislation appropriating
funds) in order for the plan to meet the additional
requirements imposed by the amendments made by this
subsection, the State child health plan shall not be
regarded as failing to comply with the requirements of
such title solely on the basis of its failure to meet
this additional requirement before the first day of the
first calendar quarter beginning after the close of the
first regular session of the State legislature that
begins after the date of the enactment of this Act. For
purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year
of such session shall be deemed to be a separate
regular session of the State legislature.
(d) Modification of Diseases and Conditions Covered Under TRICARE
Program.--Section 1077(h)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (D), by striking ''and'';
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D) the following:
''(E) Immunoglobulin E or non-Immunoglobulin E mediated
allergies to food proteins.''.
(e) Coverage Under FEHBP.--
(1) In general.--Section 8902 of title 5, United States
Code, is amended by adding at the end the following:
''(p) A contract for a plan under this chapter shall require the
carrier to provide coverage for--
''(1) medically necessary food (as defined in section
1861(jjj) of the Social Security Act) and the medical equipment
and supplies necessary to administer such food; and
''(2) medically necessary vitamins in the same manner
provided for under section 1860D-2(e)(1)(C) of the Social
Security Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to contract years beginning on or
after the date that is 1 year after the date of enactment of
this Act.
(f) Coverage Under Private Health Insurance.--
(1) In general.--Subpart II of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is
amended by adding at the end the following:

''SEC. 2729. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS.

''A health insurance issuer offering group or individual health
insurance coverage shall provide coverage for--
''(1) medically necessary food (as defined in section
1861(jjj) of the Social Security Act) and the medical equipment
and supplies necessary to administer such food; and
''(2) medically necessary vitamins in the same manner
provided for under section 1860D-2(e)(1)(C) of the Social
Security Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to plan years beginning on or after the date that
is 1 year after the date of the enactment of this Act.
Example Output: Medical Nutrition Equity Act of 2017 This bill provides for coverage, under Medicare, Medicaid, other specified federal health-care programs, and private health insurance,of foods and vitamins that are medically necessary for the management ofcertain digestive and metabolic disordersand conditions.

Example Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Seafood Safety Enforcement Act''.

SEC. 2. FINDINGS

(a) Chloramphenicol, a potent antibiotic, can cause severe toxic
effects in humans, including hypo-aplastic anemia, which is usually
irreversible and fatal. The drug is administered to humans only in
life-threatening situations when less toxic drugs are not effective.
(b) Because of these human health impacts, chloramphenicol and
similar drugs are not approved for use in food-producing animals in the
United States. However, other countries have been found to use these
drugs in the aquaculture of shrimp and other seafood, including
Thailand, Vietnam, and China.
(c) The majority of shrimp consumed by the United States is
imported. The nation imports 400,000 metric tons of shrimp annually,
and the percentage of shrimp imports rises each year. Thailand and
Vietnam are the top two exporters of shrimp to the United States, and
China is the fifth largest exporter of shrimp to the United States.
(d) Upon detection of chloramphenicol in certain shipments of
seafood from China and other nations, in 2002 the European Union and
Canada severely restricted imports of shrimp and other food from these
nations.
(e) The United States Food and Drug Administration inspects only 2
percent of all seafood imports into the United States and utilizes a
testing procedure that cannot detect the presence of chloramphenicol
below 1 part per billion. The European Union and Canada use testing
protocols that can detect such substances to 0.3 parts per billion.
(f) While Food and Drug Administration import testing did not
detect chloramphenicol in shrimp imported from these nations in 2002,
independent testing performed by the state of Louisiana detected
chloramphenicol at a level of over 2 parts per billion in crawfish
imported from China.
(g) Imports of seafood from nations that utilize substances banned
in the United States pose potential threats to United States consumers.
Denial of entry to contaminated shrimp and other products to the
European Union and Canada will likely redirect imports to the United
States of contaminated products turned away from these countries.
(h) Immediate and focused actions must be taken by the Federal
government to improve enforcement of food import restrictions of
seafood imports in order to protect United States consumers and ensure
safety of the food supply.

SEC. 3. CONTAMINATED SEAFOOD.

Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381) is amended by--
(1) striking all of the text in the third sentence of
subsection (a) after ''section 505,'' and inserting ''or (4)
such article is seafood that appears to bear or contain one or
more substances listed in section 530.41(a) of title 21, Code
of Federal Regulations, or (5) such article is seafood
originating from an exporter or country that the Secretary has
identified in guidance as a likely source of articles subject
to refusal of admission under clause (4) of this sentence, then
such article shall be refused admission, except as provided in
subsection (c) of this section and, with respect to articles
subject to clause (5) of this sentence, except as provided in
subsection (b) of this section.'';
(2) redesignating subsections (b) through (n) as
subsections (c) through (o), respectively; and
(3) inserting after subsection (a) the following:
''(b)(1) Notwithstanding clause (5) of the third sentence in
subsection (a) of this section, the Secretary may permit individual
shipments of seafood originating in a country or from an exporter
listed in guidance to be admitted into the United States if evidence
acceptable to the Secretary is presented that the seafood in that
shipment does not bear or contain a substance listed in section
530.41(a) of title 21, Code of Federal Regulations.
''(2) The Secretary may remove a country or exporter listed in
guidance under clause (5) of the third sentence of subsection (a) of
this section only if the country or exporter has shown to the
satisfaction of the Secretary that each substance at issue is no longer
sold for use in, being used in, or being used in a manner that could
contaminate food-producing animals in the country at issue.''.

SEC. 4. GUIDANCE FOR REFUSING ENTRY OF SEAFOOD FROM A COUNTRY OR
EXPORTER.

(a) Issuance of Guidance.--Upon a determination by the Secretary of
Health and Human Services that, based on information acceptable to the
Secretary, an exporter or country appears to be a source of articles
subject to refusal under section 801(a)(4) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 381(a)(4)), the Secretary shall issue
guidance described in section 801(a)(5) of that Act.
(b) Determination Criteria.--In making the determination described
in subsection (a), or any determination under section 801(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)), the Secretary
may consider--
(1) the detection of substances described in section
801(a)(4) of that Act by the Secretary;
(2) the detection of such substances by a person
commissioned to carry out examinations and investigations under
section 702(a) of that Act;
(3) findings from an inspection under section 704 of that
Act;
(4) the detection by other importing countries of such
substances in shipments of seafood that originate from such
country or exporter; and
(5) other evidence or information as determined by the
Secretary.
(c) Annual Report.--The Secretary shall provide a report within 30
days after the end of each fiscal year to the Senate Committee on
Health, Education, Labor, and Pensions and the House of Representatives
Committee on Energy and Commerce setting forth the names of all
countries and exporters for which the guidance described in subsection
(a) was issued during that fiscal year.
(d) Rule of Construction.--Nothing in this Act, and no amendment
made by this Act, shall be construed to limit the existing authority of
the Secretary of Health and Human Services or the Secretary of the
Treasury to consider any information or to refuse admission of any
article under section 801(a) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 381(a)).

SEC. 5. ISSUANCE OF TOLERANCES.

If, after the date of enactment of this Act, the Secretary of
Health and Human Services intends to issue a tolerance under section
512(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(b))
for any of the substances listed in section 530.41(a) of title 21, Code
of Federal Regulations, then the Secretary shall notify the Senate
Committee on Health, Education, Labor, and Pensions and the House of
Representatives Committee on Energy and Commerce before issuing that
tolerance. The Secretary shall include in the notification a draft of
any changes in Federal statute law that may be necessary.

SEC. 6. CONFORMING AMENDMENTS.

Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381), as amended by subsection (a), is amended by--
(1) striking ''subsection (b)'' in subsection (d), as
redesignated by section 2(2) of this Act, and inserting
''subsection (c)'';
(2) striking ''subsection (e)'' in paragraph (1) of
subsection (g), as redesignated by section 2(2) of this Act,
and inserting ''subsection (f)'';
(3) striking ''section 801(a)'' in paragraph (1)(A)(i) of
subsection (h), as redesignated by section 2(2) of this Act,
and inserting ''subsection (a) of this section'';
(4) striking ''section 801(a)'' in paragraph (1)(A)(ii) of
subsection (h), as redesignated by section 2(2) of this Act,
and inserting ''subsection (a) of this section'';
(5) striking ''section 801(d)(1);'' in paragraph
(1)(A)(iii) of subsection (h), as redesignated by section 2(2)
of this Act, and inserting ''subsection (e)(1) of this
section;''.
(6) striking ''Subsection (b)'' in paragraph (2) of
subsection (k), as redesignated by section 2(2) of this Act,
and inserting ''Subsection (c)'';
(7) striking ''Subsection (b)'' in paragraph (1) of
subsection (l), as redesignated by section 2(2) of this Act,
and inserting ''Subsection (c)'';
(8) striking ''Subsection (b)'' in subsection (m), as
redesignated by section 2(2) of this Act, and inserting
''Subsection (c)''; and
(9) striking ''Subsection (b)'' in paragraph (2)(B)(i) of
subsection (n), as redesignated by section 2(2) of this Act,
and inserting ''Subsection (c)''.
Example Output:
Seafood Safety Enforcement Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of the Treasury to refuse admission to seafood that either appears to contain impermissible substances or originates from a country identified as a likely source of articles subject to refusal of admission (because of the likely presence of impermissible substances) Permits entry upon submission of acceptable evidence to the contrary.Directs the Secretary of Health and Human Services to issue guidance when an exporter or country appears to be a source of articles subject to refused admission based on specified criteria, including the detection of substances by other importing countries.Requires the Secretary to notify the appropriate congressional committees: (1) of all countries and exporters for which guidance was issued; and (2) before issuing a tolerance for any substance considered impermissible (the presence of which is considered grounds for refused admission).