Regulatory Information
-
Title III -- Protecting Safety and Security of Food and Drug Supply
Subtitle A--Protection of Food Supply
SEC. 301. <<NOTE: 21 USC 341 note.>> FOOD SAFETY AND SECURITY STRATEGY.
(a) In General.--The President's Council on Food Safety (as
established by Executive Order No. 13100) shall, in consultation with
the Secretary of Transportation, the Secretary of the Treasury, other
relevant Federal agencies, the food industry, consumer and producer
groups, scientific organizations, and the States, develop a crisis
communications and education strategy with respect to bioterrorist
threats to the food supply. Such strategy shall address threat
assessments; technologies and procedures for securing food processing
and manufacturing facilities and modes of transportation; response and
notification procedures; and risk communications to the public.
(b) Authorization of Appropriations.--For the purpose of
implementing the strategy developed under subsection (a), there are
authorized to be appropriated $750,000 for fiscal year 2002, and such
sums as may be necessary for each subsequent fiscal year.
SEC. 302. PROTECTION AGAINST ADULTERATION OF FOOD.
(a) Increasing Inspections for Detection of Adulteration of Food.--
Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381)
is amended by adding at the end the following subsection:
``(h)(1) The Secretary shall give high priority to increasing the
number of inspections under this section for the purpose of enabling the
Secretary to inspect food offered for import at ports of entry into the
United States, with the greatest priority given to inspections to detect
the intentional adulteration of food.''.
(b) Improvements to Information Management Systems.--Section 801(h)
of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)
of this section, is amended by adding at the end the following
paragraph:
``(2) The Secretary shall give high priority to making necessary
improvements to the information management systems of the Food and Drug
Administration that contain information related to foods imported or
offered for import into the United States for purposes of improving the
ability of the Secretary to allocate resources, detect the intentional
adulteration of food, and facilitate the importation of food that is in
compliance with this Act.''.
(c) Linkages With Appropriate Public Entities.--Section 801(h) of
the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b)
of this section, is amended by adding at the end the following
paragraph:
``(3) The Secretary shall improve linkages with other regulatory
agencies of the Federal Government that share responsibility for food
safety, and shall with respect to such safety improve linkages
with the States and Indian tribes (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e))).''.
(d) Testing for Rapid Detection of Adulteration of Food.--Section
801 of the Federal Food, Drug, and Cosmetic Act, as amended by
subsection (a) of this section, is amended by adding at the end the
following:
``(i)(1) For use in inspections of food under this section, the
Secretary shall provide for research on the development of tests and
sampling methodologies--
``(A) whose purpose is to test food in order to rapidly
detect the adulteration of the food, with the greatest priority
given to detect the intentional adulteration of food; and
``(B) whose results offer significant improvements over the
available technology in terms of accuracy, timing, or costs.
``(2) In providing for research under paragraph (1), the Secretary
shall give priority to conducting research on the development of tests
that are suitable for inspections of food at ports of entry into the
United States.
``(3) In providing for research under paragraph (1), the Secretary
shall as appropriate coordinate with the Director of the Centers for
Disease Control and Prevention, the Director of the National Institutes
of Health, the Administrator of the Environmental Protection Agency, and
the Secretary of Agriculture.
``(4) <<NOTE: Reports.>> The Secretary shall annually submit to the
Committee on Energy and Commerce of the House of Representatives, and
the Committee on Health, Education, Labor, and Pensions of the Senate, a
report describing the progress made in research under paragraph (1),
including progress regarding paragraph (2).''.
(e) <<NOTE: Deadline.>> Assessment of Threat of Intentional
Adulteration of Food.--The Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs, shall ensure that,
not later than six months after the date of the enactment of this Act--
(1) the assessment that (as of such date of enactment) is
being conducted on the threat of the intentional adulteration of
food is completed; and
(2) <<NOTE: Reports.>> a report describing the findings of
the assessment is submitted to the Committee on Energy and
Commerce of the House of Representatives and to the Committee on
Health, Education, Labor, and Pensions of the Senate.
(f) Authorization of Appropriations.--For the purpose of carrying
out this section and the amendments made by this section, there are
authorized to be appropriated $100,000,000 for fiscal year 2002, and
such sums as may be necessary for each of the fiscal years 2003 through
2006, in addition to other authorizations of appropriations that are
available for such purpose.
SEC. 303. ADMINISTRATIVE DETENTION.
(a) Expanded Authority.--Section 304 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 334) is amended by adding at the end the
following subsection:
``(h) Administrative Detention of Foods.--
``(1) Detention authority.--
``(A) In general.--An officer or qualified employee
of the Food and Drug Administration may order the
detention, in accordance with this subsection, of any
article of food
that is found during an inspection, examination, or
investigation under this Act conducted by such officer
or qualified employee, if the officer or qualified
employee has credible evidence or information indicating
that such article presents a threat of serious adverse
health consequences or death to humans or animals.
``(B) Secretary's approval.--An article of food may
be ordered detained under subparagraph (A) only if the
Secretary or an official designated by the Secretary
approves the order. An official may not be so designated
unless the official is the director of the district
under this Act in which the article involved is located,
or is an official senior to such director.
``(2) Period of detention.--An article of food may be
detained under paragraph (1) for a reasonable period, not to
exceed 20 days, unless a greater period, not to exceed 30 days,
is necessary, to enable the Secretary to institute an action
under subsection (a) or section 302. <<NOTE: Regulation.>> The
Secretary shall by regulation provide for procedures for
instituting such action on an expedited basis with respect to
perishable foods.
``(3) Security of detained article.--An order under
paragraph (1) with respect to an article of food may require
that such article be labeled or marked as detained, and shall
require that the article be removed to a secure facility, as
appropriate. An article subject to such an order shall not be
transferred by any person from the place at which the article is
ordered detained, or from the place to which the article is so
removed, as the case may be, until released by the Secretary or
until the expiration of the detention period applicable under
such order, whichever occurs first. This subsection may not be
construed as authorizing the delivery of the article pursuant to
the execution of a bond while the article is subject to the
order, and section 801(b) does not authorize the delivery of the
article pursuant to the execution of a bond while the article is
subject to the order.
``(4) Appeal of detention order.--
``(A) In general.--With respect to an article of
food ordered detained under paragraph (1), any person
who would be entitled to be a claimant for such article
if the article were seized under subsection (a) may
appeal the order to the Secretary. Within five days
after such an appeal is filed, the Secretary, after
providing opportunity for an informal hearing, shall
confirm or terminate the order involved, and such
confirmation by the Secretary shall be considered a
final agency action for purposes of section 702 of title
5, United States Code. If during such five-day period
the Secretary fails to provide such an opportunity, or
to confirm or terminate such order, the order is deemed
to be terminated.
``(B) Effect of instituting court action.--The
process under subparagraph (A) for the appeal of an
order under paragraph (1) terminates if the Secretary
institutes an action under subsection (a) or section 302
regarding the article of food involved.''.
(b) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(bb) The transfer of an article of food in violation of an order
under section 304(h), or the removal or alteration of any mark or label
required by the order to identify the article as detained.''.
(c) Temporary Holds at Ports of Entry.--Section 801 of the Federal
Food, Drug, and Cosmetic Act, as amended by section 302(d)of this
Act, <<NOTE: 21 USC 381.>> is amended by adding at the end the
following:
``(j)(1) If an officer or qualified employee of the Food and Drug
Administration has credible evidence or information indicating that an
article of food presents a threat of serious adverse health consequences
or death to humans or animals, and such officer or qualified employee is
unable to inspect, examine, or investigate such article upon the article
being offered for import at a port of entry into the United States, the
officer or qualified employee shall request the Secretary of Treasury to
hold the food at the port of entry for a reasonable period of time, not
to exceed 24 hours, for the purpose of enabling the Secretary to
inspect, examine, or investigate the article as appropriate.
``(2) The Secretary shall request the Secretary of Treasury to
remove an article held pursuant to paragraph (1) to a secure facility,
as appropriate. During the period of time that such article is so held,
the article shall not be transferred by any person from the port of
entry into the United States for the article, or from the secure
facility to which the article has been removed, as the case may be.
Subsection (b) does not authorize the delivery of the article pursuant
to the execution of a bond while the article is so held.
``(3) An officer or qualified employee of the Food and Drug
Administration may make a request under paragraph (1) only if the
Secretary or an official designated by the Secretary approves the
request. An official may not be so designated unless the official is the
director of the district under this Act in which the article involved is
located, or is an official senior to such director.
``(4) With respect to an article of food for which a request under
paragraph (1) is made, the Secretary, promptly after the request is
made, shall notify the State in which the port of entry involved is
located that the request has been made, and as applicable, that such
article is being held under this subsection.''.
SEC. 304. DEBARMENT FOR REPEATED OR SERIOUS FOOD IMPORT VIOLATIONS.
(a) Debarment Authority.--
(1) Permissive debarment.--Section 306(b)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 335a(b)(1)) is amended--
(A) in subparagraph (A), by striking ``or'' after
the comma at the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``, or''; and
(C) by adding at the end the following subparagraph:
``(C) a person from importing an article of food or
offering such an article for import into the United
States.''.
(2) Amendment regarding debarment grounds.--Section 306(b))
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(b))
is amended--
(A) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``subparagraph (A) or (B)
of'' before ``paragraph (1)'';
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following
paragraph:
``(3) Persons subject to permissive debarment; food
importation.--A person is subject to debarment under paragraph
(1)(C) if--
``(A) the person has been convicted of a felony for
conduct relating to the importation into the United
States of any food; or
``(B) the person has engaged in a pattern of
importing or offering for import adulterated food that
presents a threat of serious adverse health consequences
or death to humans or animals.''.
(b) Conforming Amendments.--Section 306 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 335a) is amended--
(1) in subsection (a), in the heading for the subsection, by
striking ``Mandatory Debarment.--'' and inserting ``Mandatory
Debarment; Certain Drug Applications.--'';
(2) in subsection (b)--
(A) in the heading for the subsection, by striking
``Permissive Debarment.--'' and inserting ``Permissive
Debarment; Certain Drug Applications; Food Imports.--'';
and
(B) in paragraph (2), in the heading for the
paragraph, by striking ``permissive debarment.--'' and
inserting ``permissive debarment; certain drug
applications.--'';
(3) in subsection (c)(2)(A)(iii), by striking ``subsection
(b)(2)'' and inserting ``paragraph (2) or (3) of subsection
(b)'';
(4) in subsection (d)(3)--
(A) in subparagraph (A)(i), by striking ``or
(b)(2)(A)'' and inserting `` or paragraph (2)(A) or (3)
of subsection (b)'';
(B) in subparagraph (A)(ii)(II), by inserting ``in
applicable cases,'' before ``sufficient audits'';
(C) in subparagraph (B), in each of clauses (i) and
(ii), by inserting ``or subsection (b)(3)'' after
``subsection (b)(2)(B)''; and
(D) in subparagraph (B)(ii), by inserting before the
period the following: ``or the food importation process,
as the case may be''.
(c) Effective Dates.--Section 306(l)(2) of the Federal Food, Drug,
and Cosmetic Act <<NOTE: 21 USC 335a.>> (21 U.S.C. 335a(l)(2)) is
amended--
(1) in the first sentence--
(A) by striking ``and'' after ``subsection
(b)(2),''; and
(B) by inserting ``, and subsection (b)(3)(A)''
after ``subsection (b)(2)(B)''; and
(2) in the second sentence, by inserting ``, subsection
(b)(3)(B),'' after ``subsection (b)(2)(B)''.
(d) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act, as amended by section 303(b) of this Act, is amended by
adding at the end the following:
``(cc) The importing or offering for import into the United States
of an article of food by, with the assistance of, or at the direction
of, a person debarred under section 306(b)(3).''.
(e) Importation by Debarred Persons.--Section 801 of the Federal
Food, Drug, and Cosmetic Act, as amended by section 303(c) of this
Act, <<NOTE: 21 USC 381.>> is amended by adding at the end the
following subsection:
``(k)(1) If an article of food is being imported or offered for
import into the United States, and the importer, owner, or consignee of
the article is a person who has been debarred under section 306(b)(3),
such article shall be held at the port of entry for the article, and may
not be delivered to such person. Subsection (b) does not authorize the
delivery of the article pursuant to the execution of a bond while the
article is so held. The article shall be removed to a secure facility,
as appropriate. During the period of time that such article is so held,
the article shall not be transferred by any person from the port of
entry into the United States for the article, or from the secure
facility to which the article has been removed, as the case may be.
``(2) An article of food held under paragraph (1) may be delivered
to a person who is not a debarred person under section 306(b)(3) if such
person affirmatively establishes, at the expense of the person, that the
article complies with the requirements of this Act, as determined by the
Secretary.''.
SEC. 305. REGISTRATION OF FOOD FACILITIES.
(a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 341 et seq.) is amended by adding at the end the
following:
``SEC. 415. <<NOTE: 21 USC 350d.>> REGISTRATION OF FOOD FACILITIES.
``(a) Registration.--
``(1) <<NOTE: Regulations.>> In general.--The Secretary
shall by regulation require that any facility engaged in
manufacturing, processing, packing, or holding food for
consumption in the United States be registered with the
Secretary. To be registered--
``(A) for a domestic facility, the owner, operator,
or agent in charge of the facility shall submit a
registration to the Secretary; and
``(B) for a foreign facility, the owner, operator,
or agent in charge of the facility shall submit a
registration to the Secretary and shall include with the
registration the name of the United States agent for the
facility.
``(2) Registration.--An entity (referred to in this section
as the `registrant') shall submit a registration under paragraph
(1) to the Secretary containing information necessary to notify
the Secretary of the name and address of each facility at which,
and all trade names under which, the registrant conducts
business and, when determined necessary by the Secretary through
guidance, the general food category (as identified under section
170.3 of title 21, Code of Federal Regulations) of any food
manufactured, processed, packed, or held at such
facility. <<NOTE: Notification.>> The registrant shall notify
the Secretary in a timely manner of changes to such information.
``(3) <<NOTE: Notification.>> Procedure.--Upon receipt of a
completed registration described in paragraph (1), the Secretary
shall notify the registrant of the receipt of such registration
and assign a registration number to each registered facility.
``(4) <<NOTE: Records.>> List.--The Secretary shall compile
and maintain an up-to-date list of facilities that are
registered under this section. Such list and any registration
documents submitted pursuant
to this subsection shall not be subject to disclosure under
section 552 of title 5, United States Code. Information derived
from such list or registration documents shall not be subject to
disclosure under section 552 of title 5, United States Code, to
the extent that it discloses the identity or location of a
specific registered person.
``(b) Facility.--For purposes of this section:
``(1) The term `facility' includes any factory, warehouse,
or establishment (including a factory, warehouse, or
establishment of an importer) that manufactures, processes,
packs, or holds food. Such term does not include farms;
restaurants; other retail food establishments; nonprofit food
establishments in which food is prepared for or served directly
to the consumer; or fishing vessels (except such vessels engaged
in processing as defined in section 123.3(k) of title 21, Code
of Federal Regulations).
``(2) The term `domestic facility' means a facility located
in any of the States or Territories.
``(3)(A) The term `foreign facility' means a facility that
manufacturers, processes, packs, or holds food, but only if food
from such facility is exported to the United States without
further processing or packaging outside the United States.
``(B) A food may not be considered to have undergone further
processing or packaging for purposes of subparagraph (A) solely
on the basis that labeling was added or that any similar
activity of a de minimis nature was carried out with respect to
the food.
``(c) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary to require an application, review,
or licensing process.''.
(b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331), as amended by section 304(d) of this Act,
is amended by adding at the end the following:
``(dd) The failure to register in accordance with section 415.''.
(c) Importation; Failure to Register.--Section 801 of the Federal
Food, Drug, and Cosmetic Act, as amended by section 304(e) of this
Act, <<NOTE: 21 USC 381.>> is amended by adding at the end the
following subsection:
``(l)(1) If an article of food is being imported or offered for
import into the United States, and such article is from a foreign
facility for which a registration has not been submitted to the
Secretary under section 415, such article shall be held at the port of
entry for the article, and may not be delivered to the importer, owner,
or consignee of the article, until the foreign facility is so
registered. Subsection (b) does not authorize the delivery of the
article pursuant to the execution of a bond while the article is so
held. The article shall be removed to a secure facility, as appropriate.
During the period of time that such article is so held, the article
shall not be transferred by any person from the port of entry into the
United States for the article, or from the secure facility to which the
article has been removed, as the case may be.''.
(d) <<NOTE: 21 USC 350d note.>> Electronic Filing.--For the purpose
of reducing paperwork and reporting burdens, the Secretary of Health and
Human Services may provide for, and encourage the use of, electronic
methods of submitting to the Secretary registrations required pursuant
to this section. In providing for the electronic submission of
such registrations, the Secretary shall ensure adequate authentication
protocols are used to enable identification of the registrant and
validation of the data as appropriate.
(e) <<NOTE: Deadline.>> Rulemaking; Effective Date.--Not later than
18 months after the date of the enactment of this Act, the Secretary of
Health and Human Services shall promulgate proposed and final
regulations for the requirement of registration under section 415 of the
Federal Food, Drug, and Cosmetic Act (as added by subsection (a) of this
section). Such requirement of registration takes effect--
(1) upon the effective date of such final regulations; or
(2) upon the expiration of such 18-month period if the final
regulations have not been made effective as of the expiration of
such period, subject to compliance with the final regulations
when the final regulations are made effective.
SEC. 306. MAINTENANCE AND INSPECTION OF RECORDS FOR FOODS.
(a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic
Act, as amended by section 305 of this Act, is amended by inserting
before section 415 the following section:
``SEC. 414. <<NOTE: 21 USC 350c.>> MAINTENANCE AND INSPECTION OF
RECORDS.
``(a) Records Inspection.--If the Secretary has a reasonable belief
that an article of food is adulterated and presents a threat of serious
adverse health consequences or death to humans or animals, each person
(excluding farms and restaurants) who manufactures, processes, packs,
distributes, receives, holds, or imports such article shall, at the
request of an officer or employee duly designated by the Secretary,
permit such officer or employee, upon presentation of appropriate
credentials and a written notice to such person, at reasonable times and
within reasonable limits and in a reasonable manner, to have access to
and copy all records relating to such article that are needed to assist
the Secretary in determining whether the food is adulterated and
presents a threat of serious adverse health consequences or death to
humans or animals. <<NOTE: Applicability.>> The requirement under the
preceding sentence applies to all records relating to the manufacture,
processing, packing, distribution, receipt, holding, or importation of
such article maintained by or on behalf of such person in any format
(including paper and electronic formats) and at any location.
``(b) Regulations Concerning Recordkeeping.--The Secretary, in
consultation and coordination, as appropriate, with other Federal
departments and agencies with responsibilities for regulating food
safety, may by regulation establish requirements regarding the
establishment and maintenance, for not longer than two years, of records
by persons (excluding farms and restaurants) who manufacture, process,
pack, transport, distribute, receive, hold, or import food, which
records are needed by the Secretary for inspection to allow the
Secretary to identify the immediate previous sources and the immediate
subsequent recipients of food, including its packaging, in order to
address credible threats of serious adverse health consequences or death
to humans or animals. The Secretary shall take into account the size of
a business in promulgating regulations under this section.
``(c) Protection of Sensitive Information.--The Secretary shall take
appropriate measures to ensure that there are in effect effective
procedures to prevent the unauthorized disclosure of any trade secret or
confidential information that is obtained by the Secretary pursuant to
this section.
``(d) Limitations.--This section shall not be construed--
``(1) to limit the authority of the Secretary to inspect
records or to require establishment and maintenance of records
under any other provision of this Act;
``(2) to authorize the Secretary to impose any requirements
with respect to a food to the extent that it is within the
exclusive jurisdiction of the Secretary of Agriculture pursuant
to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the
Egg Products Inspection Act (21 U.S.C. 1031 et seq.);
``(3) to have any legal effect on section 552 of title 5,
United States Code, or section 1905 of title 18, United States
Code; or
``(4) to extend to recipes for food, financial data, pricing
data, personnel data, research data, or sales data (other than
shipment data regarding sales).''.
(b) Factory Inspection.--Section 704(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 374(a)) is amended--
(1) in paragraph (1), by inserting after the first sentence
the following new sentence: ``In the case of any person
(excluding farms and restaurants) who manufactures, processes,
packs, transports, distributes, holds, or imports foods, the
inspection shall extend to all records and other information
described in section 414 when the Secretary has a reasonable
belief that an article of food is adulterated and presents a
threat of serious adverse health consequences or death to humans
or animals, subject to the limitations established in section
414(d).''; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``second sentence'' and inserting ``third
sentence''.
(c) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended--
(1) in paragraph (e)--
(A) by striking ``by section 412, 504, or 703'' and
inserting ``by section 412, 414, 504, 703, or 704(a)'';
and
(B) by striking ``under section 412'' and inserting
``under section 412, 414(b)''; and
(2) in paragraph (j), by inserting ``414,'' after ``412,''.
(d) <<NOTE: Deadline. 21 USC 350c note.>> Expedited Rulemaking.--
Not later than 18 months after the date of the enactment of this Act,
the Secretary shall promulgate proposed and final regulations
establishing recordkeeping requirements under subsection 414(b) of the
Federal Food, Drug, and Cosmetic Act (as added by subsection (a)).
SEC. 307. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS.
(a) In General.--Section 801 of the Federal Food, Drug, and Cosmetic
Act, as amended by section 305(c) of this Act, is amended by adding at
the end the following subsection:
``(m)(1) <<NOTE: Regulations.>> In the case of an article of food
that is being imported or offered for import into the United States, the
Secretary, after consultation with the Secretary of the Treasury, shall
by regulation require, for the purpose of enabling such article to be
inspected at ports of entry into the United States, the submission to
the Secretary of a notice providing the identity of each of the
following: The article; the manufacturer and shipper of the article; if
known within the specified period of time that notice is required to be
provided, the grower of the article; the country from which the article
originates; the country from which the article is shipped; and the
anticipated port of entry for the article. An article of food imported
or offered for import without submission of such notice in accordance
with the requirements under this paragraph shall be refused admission
into the United States. Nothing in this section may be construed as a
limitation on the port of entry for an article of food.
``(2)(A) Regulations under paragraph (1) shall require that a notice
under such paragraph be provided by a specified period of time in
advance of the time of the importation of the article of food involved
or the offering of the food for import, which period shall be no less
than the minimum amount of time necessary for the Secretary to receive,
review, and appropriately respond to such notification, but may not
exceed five days. In determining the specified period of time required
under this subparagraph, the Secretary may consider, but is not limited
to consideration of, the effect on commerce of such period of time, the
locations of the various ports of entry into the United States, the
various modes of transportation, the types of food imported into the
United States, and any other such consideration. Nothing in the
preceding sentence may be construed as a limitation on the obligation of
the Secretary to receive, review, and appropriately respond to any
notice under paragraph (1).
``(B)(i) If an article of food is being imported or offered for
import into the United States and a notice under paragraph (1) is not
provided in advance in accordance with the requirements under paragraph
(1), such article shall be held at the port of entry for the article,
and may not be delivered to the importer, owner, or consignee of the
article, until such notice is submitted to the Secretary, and the
Secretary examines the notice and determines that the notice is in
accordance with the requirements under paragraph (1). Subsection (b)
does not authorize the delivery of the article pursuant to the execution
of a bond while the article is so held. The article shall be removed to
a secure facility, as appropriate. During the period of time that such
article is so held, the article shall not be transferred by any person
from the port of entry into the United States for the article, or from
the secure facility to which the article has been removed, as the case
may be.
``(ii) In carrying out clause (i) with respect to an article of
food, the Secretary shall determine whether there is in the possession
of the Secretary any credible evidence or information indicating that
such article presents a threat of serious adverse health consequences or
death to humans or animals.
``(3)(A) This subsection may not be construed as limiting the
authority of the Secretary to obtain information under any other
provision of this Act.
``(B) This subsection may not be construed as authorizing the
Secretary to impose any requirements with respect to a food to the
extent that it is within the exclusive jurisdiction of the Secretary of
Agriculture pursuant to the Federal Meat Inspection Act (21 U.S.C. 601
et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.),
or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).''.
(b) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act, as amended by section 305(b) of this Act, <<NOTE: 21 USC
331.>> is amended by adding at the end the following:
``(ee) The importing or offering for import into the United States
of an article of food in violation of the requirements under section
801(m).''.
(c) <<NOTE: 21 USC 351 note.>> Rulemaking; Effective Date.--
(1) <<NOTE: Deadline.>> In general.--Not later than 18
months after the date of the enactment of this Act, the
Secretary of Health and Human Services shall promulgate proposed
and final regulations for the requirement of providing notice in
accordance with section 801(m) of the Federal Food, Drug, and
Cosmetic Act (as added by subsection (a) of this section). Such
requirement of notification takes effect--
(A) upon the effective date of such final
regulations; or
(B) upon the expiration of such 18-month period if
the final regulations have not been made effective as of
the expiration of such period, subject to compliance
with the final regulations when the final regulations
are made effective.
(2) Default; minimum period of advance notice.--If under
paragraph (1) the requirement for providing notice in accordance
with section 801(m) of the Federal Food, Drug, and Cosmetic Act
takes effect without final regulations having been made
effective, then for purposes of such requirement, the specified
period of time that the notice is required to be made in advance
of the time of the importation of the article of food involved
or the offering of the food for import shall be not fewer than
eight hours and not more than five days, which shall remain in
effect until the final regulations are made effective.
SEC. 308. AUTHORITY TO MARK ARTICLES REFUSED ADMISSION INTO UNITED
STATES.
(a) In General.--Section 801 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 381(a)), as amended by section 307(a) of this Act, is
amended by adding at the end the following:
``(n)(1) If a food has been refused admission under subsection (a),
other than such a food that is required to be destroyed, the Secretary
may require the owner or consignee of the food to affix to the container
of the food a label that clearly and conspicuously bears the statement:
`UNITED STATES: REFUSED ENTRY'.
``(2) All expenses in connection with affixing a label under
paragraph (1) shall be paid by the owner or consignee of the food
involved, and in default of such payment, shall constitute a lien
against future importations made by such owner or consignee.
``(3) A requirement under paragraph (1) remains in effect until the
Secretary determines that the food involved has been brought into
compliance with this Act.''.
(b) Misbranded Foods.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(v) If--
``(1) it fails to bear a label required by the Secretary
under section 801(n)(1) (relating to food refused admission into
the United States);
``(2) the Secretary finds that the food presents a threat of
serious adverse health consequences or death to humans or
animals; and
``(3) upon or after notifying the owner or consignee
involved that the label is required under section 801, the
Secretary informs the owner or consignee that the food presents
such a threat.''.
(c) <<NOTE: 21 USC 381 note.>> Rule of Construction.--With respect
to articles of food that are imported or offered for import into the
United States, nothing in this section shall be construed to limit the
authority of the Secretary of Health and Human Services or the Secretary
of the Treasury to require the marking of refused articles of food under
any other provision of law.
SEC. 309. PROHIBITION AGAINST PORT SHOPPING.
Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
342) is amended by adding at the end the following:
``(h) If it is an article of food imported or offered for import
into the United States and the article of food has previously been
refused admission under section 801(a), unless the person reoffering the
article affirmatively establishes, at the expense of the owner or
consignee of the article, that the article complies with the applicable
requirements of this Act, as determined by the Secretary.''.
SEC. 310. NOTICES TO STATES REGARDING IMPORTED FOOD.
Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
391 et seq.) is amended by adding at the end the following section:
``SEC. 908. <<NOTE: 21 USC 398.>> NOTICES TO STATES REGARDING IMPORTED
FOOD.
``(a) In General.--If the Secretary has credible evidence or
information indicating that a shipment of imported food or portion
thereof presents a threat of serious adverse health consequences or
death to humans or animals, the Secretary shall provide notice regarding
such threat to the States in which the food is held or will be held, and
to the States in which the manufacturer, packer, or distributor of the
food is located, to the extent that the Secretary has knowledge of which
States are so involved. In providing notice to a State, the Secretary
shall request the State to take such action as the State considers
appropriate, if any, to protect the public health regarding the food
involved.
``(b) Rule of Construction.--Subsection (a) may not be construed as
limiting the authority of the Secretary with respect to food under any
other provision of this Act.''.
SEC. 311. GRANTS TO STATES FOR INSPECTIONS.
Chapter IX of the Federal Food, Drug, and Cosmetic Act, as amended
by section 310 of this Act, is amended by adding at the end the
following section:
``SEC. 909. <<NOTE: 21 USC 399.>> GRANTS TO STATES FOR INSPECTIONS.
``(a) In General.--The Secretary is authorized to make grants to
States, territories, and Indian tribes (as defined in section 4(e) of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e))) that undertake examinations, inspections, and investigations,
and related activities under section 702. The funds provided under such
grants shall only be available for the costs
of conducting such examinations, inspections, investigations, and
related activities.
``(b) Notices Regarding Adulterated Imported Food.--The Secretary
may make grants to the States for the purpose of assisting the States
with the costs of taking appropriate action to protect the public health
in response to notification under section 908, including planning and
otherwise preparing to take such action.
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for fiscal year 2002, and such sums as may be necessary for each of the
fiscal years 2003 through 2006.''.
SEC. 312. SURVEILLANCE AND INFORMATION GRANTS AND AUTHORITIES.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317P the following:
``SEC. 317R. <<NOTE: 42 USC 247b-20.>> FOOD SAFETY GRANTS.
``(a) In General.--The Secretary may award grants to States and
Indian tribes (as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e))) to
expand participation in networks to enhance Federal, State, and local
food safety efforts, including meeting the costs of establishing and
maintaining the food safety surveillance, technical, and laboratory
capacity needed for such participation.
``(b) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $19,500,000
for fiscal year 2002, and such sums as may be necessary for each of the
fiscal years 2003 through 2006.''.
SEC. 313. <<NOTE: 7 USC 8319.>> SURVEILLANCE OF ZOONOTIC DISEASES.
The Secretary of Health and Human Services, through the Commissioner
of Food and Drugs and the Director of the Centers for Disease Control
and Prevention, and the Secretary of Agriculture shall coordinate the
surveillance of zoonotic diseases.
SEC. 314. AUTHORITY TO COMMISSION OTHER FEDERAL OFFICIALS TO CONDUCT
INSPECTIONS.
Section 702(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 372(a)) is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)'';
(2) by striking ``In the case of food packed'' and inserting
the following:
``(3) In the case of food packed'';
(3) by striking ``For the purposes of this subsection'' and
inserting the following:
``(4) For the purposes of this subsection,''; and
(4) by inserting after paragraph (1) (as designated by
paragraph (1) of this section) the following paragraph:
``(2)(A) In addition to the authority established in paragraph (1),
the Secretary, pursuant to a memorandum of understanding between the
Secretary and the head of another Federal department or agency, is
authorized to conduct examinations and investigations for the purposes
of this Act through the officers and employees of such other department
or agency, subject to subparagraph (B). Such a memorandum shall include
provisions to ensure adequate training of such officers and employees to
conduct the examinations
and investigations. The memorandum of understanding shall contain
provisions regarding reimbursement. Such provisions may, at the sole
discretion of the head of the other department or agency, require
reimbursement, in whole or in part, from the Secretary for the
examinations or investigations performed under this section by the
officers or employees of the other department or agency.
``(B) A memorandum of understanding under subparagraph (A) between
the Secretary and another Federal department or agency is effective only
in the case of examinations or inspections at facilities or other
locations that are jointly regulated by the Secretary and such
department or agency.
``(C) <<NOTE: Reports.>> For any fiscal year in which the Secretary
and the head of another Federal department or agency carries out one or
more examinations or inspections under a memorandum of understanding
under subparagraph (A), the Secretary and the head of such department or
agency shall with respect to their respective departments or agencies
submit to the committees of jurisdiction (authorizing and appropriating)
in the House of Representatives and the Senate a report that provides,
for such year--
``(i) the number of officers or employees that carried out
one or more programs, projects, or activities under such
memorandum;
``(ii) the number of additional articles that were inspected
or examined as a result of such memorandum; and
``(iii) the number of additional examinations or
investigations that were carried out pursuant to such
memorandum.''.
SEC. 315. <<NOTE: 21 USC 331 note.>> RULE OF CONSTRUCTION.
Nothing in this title, or an amendment made by this title, shall be
construed to alter the jurisdiction between the Secretaries of
Agriculture and of Health and Human Services, under applicable statutes
and regulations.
Subtitle B--Protection of Drug Supply
SEC. 321. ANNUAL REGISTRATION OF FOREIGN MANUFACTURERS; SHIPPING
INFORMATION; DRUG AND DEVICE LISTING.
(a) Annual Registration; Listing.--Section 510 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360) is amended--
(1) in subsection (i)(1)--
(A) by striking ``Any establishment'' and inserting
``On or before December 31 of each year, any
establishment''; and
(B) by striking ``shall register'' and all that
follows and inserting the following: ``shall, through
electronic means in accordance with the criteria of the
Secretary, register with the Secretary the name and
place of business of the establishment, the name of the
United States agent for the establishment, the name of
each importer of such drug or device in the United
States that is known to the establishment, and the name
of each person who imports or offers for import such
drug or device to the United States for purposes of
importation.''; and
(2) in subsection (j)(1), in the first sentence, by striking
``or (d)'' and inserting ``(d), or (i)''.
(b) Importation; Statement Regarding Registration of Manufacturer.--
(1) In general.--Section 801 of the Federal Food, Drug, and
Cosmetic Act, as amended by section 308(a) of this Act, is
amended by adding at the end the following subsection:
``(o) If an article that is a drug or device is being imported or
offered for import into the United States, and the importer, owner, or
consignee of such article does not, at the time of offering the article
for import, submit to the Secretary a statement that identifies the
registration under section 510(i) of each establishment that with
respect to such article is required under such section to register with
the Secretary, the article may be refused admission. If the article is
refused admission for failure to submit such a statement, the article
shall be held at the port of entry for the article, and may not be
delivered to the importer, owner, or consignee of the article, until
such a statement is submitted to the Secretary. Subsection (b) does not
authorize the delivery of the article pursuant to the execution of a
bond while the article is so held. The article shall be removed to a
secure facility, as appropriate. During the period of time that such
article is so held, the article shall not be transferred by any person
from the port of entry into the United States for the article, or from
the secure facility to which the article has been removed, as the case
may be.''.
(2) Prohibited act.--Section 301 of the Federal Food, Drug,
and Cosmetic Act, as amended by section 307(b) of this Act, is
amended by adding at the end the following:
``(ff) The importing or offering for import into the United States
of a drug or device with respect to which there is a failure to comply
with a request of the Secretary to submit to the Secretary a statement
under section 801(o).''.
(c) <<NOTE: 21 USC 331 note.>> Effective Date.--The amendments made
by this section take effect upon the expiration of the 180-day period
beginning on the date of the enactment of this Act.
SEC. 322. REQUIREMENT OF ADDITIONAL INFORMATION REGARDING IMPORT
COMPONENTS INTENDED FOR USE IN EXPORT PRODUCTS.
(a) In General.--Section 801(d)(3) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381(d)(3)) is amended to read as follows:
``(3)(A) Subject to subparagraph (B), no component of a drug, no
component part or accessory of a device, or other article of device
requiring further processing, which is ready or suitable for use for
health-related purposes, and no article of a food additive, color
additive, or dietary supplement, including a product in bulk form, shall
be excluded from importation into the United States under subsection (a)
if each of the following conditions is met:
``(i) The importer of such article of a drug or device or
importer of such article of a food additive, color additive, or
dietary supplement submits to the Secretary, at the time of
initial importation, a statement in accordance with the
following:
``(I) Such statement provides that such article is
intended to be further processed by the initial owner or
consignee, or incorporated by the initial owner or
consignee, into a drug, biological product, device,
food, food additive,
color additive, or dietary supplement that will be
exported by the initial owner or consignee from the
United States in accordance with subsection (e) or
section 802, or with section 351(h) of the Public Health
Service Act.
``(II) The statement identifies the manufacturer of
such article and each processor, packer, distributor, or
other entity that had possession of the article in the
chain of possession of the article from the manufacturer
to such importer of the article.
``(III) The statement is accompanied by such
certificates of analysis as are necessary to identify
such article, unless the article is a device or is an
article described in paragraph (4).
``(ii) At the time of initial importation and before the
delivery of such article to the importer or the initial owner or
consignee, such owner or consignee executes a good and
sufficient bond providing for the payment of such liquidated
damages in the event of default as may be required pursuant to
regulations of the Secretary of the Treasury.
``(iii) Such article is used and exported by the initial
owner or consignee in accordance with the intent described under
clause (i)(I), except for any portions of the article that are
destroyed.
``(iv) <<NOTE: Records.>> The initial owner or consignee
maintains records on the use or destruction of such article or
portions thereof, as the case may be, and submits to the
Secretary any such records requested by the Secretary.
``(v) <<NOTE: Reports.>> Upon request of the Secretary, the
initial owner or consignee submits a report that provides an
accounting of the exportation or destruction of such article or
portions thereof, and the manner in which such owner or
consignee complied with the requirements of this subparagraph.
``(B) Notwithstanding subparagraph (A), the Secretary may refuse
admission to an article that otherwise would be imported into the United
States under such subparagraph if the Secretary determines that there is
credible evidence or information indicating that such article is not
intended to be further processed by the initial owner or consignee, or
incorporated by the initial owner or consignee, into a drug, biological
product, device, food, food additive, color additive, or dietary
supplement that will be exported by the initial owner or consignee from
the United States in accordance with subsection (e) or section 802, or
with section 351(h) of the Public Health Service Act.
``(C) This section may not be construed as affecting the
responsibility of the Secretary to ensure that articles imported into
the United States under authority of subparagraph (A) meet each of the
conditions established in such subparagraph for importation.''.
(b) Prohibited Act.--Section 301(w) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331(w)) is amended to read as follows:
``(w) The making of a knowingly false statement in any statement,
certificate of analysis, record, or report required or requested under
section 801(d)(3); the failure to submit a certificate of analysis as
required under such section; the failure to maintain records or to
submit records or reports as required by such section; the release into
interstate commerce of any article or portion thereof imported into the
United States under such section or any finished product made from such
article or portion, except for export in
accordance with section 801(e) or 802, or with section 351(h) of the
Public Health Service Act; or the failure to so export or to destroy
such an article or portions thereof, or such a finished product.''.
(c) <<NOTE: 21 USC 331 note.>> Effective Date.--The amendments made
by this section take effect upon the expiration of the 90-day period
beginning on the date of the enactment of this Act.
Subtitle C--General Provisions Relating to Upgrade of Agricultural
Security
SEC. 331. <<NOTE: 7 USC 8320.>> EXPANSION OF ANIMAL AND PLANT HEALTH
INSPECTION SERVICE ACTIVITIES.
(a) In General.--The Secretary of Agriculture (referred to in this
section as the ``Secretary'') may utilize existing authorities to give
high priority to enhancing and expanding the capacity of the Animal and
Plant Health Inspection Service to conduct activities to--
(1) increase the inspection capacity of the Service at
international points of origin;
(2) improve surveillance at ports of entry and customs;
(3) enhance methods of protecting against the introduction
of plant and animal disease organisms by terrorists;
(4) develop new and improve existing strategies and
technologies for dealing with intentional outbreaks of plant and
animal disease arising from acts of terrorism or from
unintentional introduction, including--
(A) establishing cooperative agreements among
Veterinary Services of the Animal and Plant Health
Inspection Service, State animal health commissions and
regulatory agencies for livestock and poultry health,
and private veterinary practitioners to enhance the
preparedness and ability of Veterinary Services and the
commissions and agencies to respond to outbreaks of such
animal diseases; and
(B) strengthening planning and coordination with
State and local agencies, including--
(i) State animal health commissions and
regulatory agencies for livestock and poultry
health; and
(ii) State agriculture departments; and
(5) otherwise improve the capacity of the Service to protect
against the threat of bioterrorism.
(b) Automated Recordkeeping System.--The Administrator of the Animal
and Plant Health Inspection Service may implement a central automated
recordkeeping system to provide for the reliable tracking of the status
of animal and plant shipments, including those shipments on hold at
ports of entry and customs. The Secretary shall ensure that such a
system shall be fully accessible to or fully integrated with the Food
Safety Inspection Service.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $30,000,000 for fiscal year
2002, and such sums as may be necessary for each subsequent fiscal year.
SEC. 332. <<NOTE: 21 USC 679c.>> EXPANSION OF FOOD SAFETY INSPECTION
SERVICE ACTIVITIES.
(a) In General.--The Secretary of Agriculture may utilize existing
authorities to give high priority to enhancing and expanding the
capacity of the Food Safety Inspection Service to conduct activities
to--
(1) enhance the ability of the Service to inspect and ensure
the safety and wholesomeness of meat and poultry products;
(2) improve the capacity of the Service to inspect
international meat and meat products, poultry and poultry
products, and egg products at points of origin and at ports of
entry;
(3) strengthen the ability of the Service to collaborate
with relevant agencies within the Department of Agriculture and
with other entities in the Federal Government, the States, and
Indian tribes (as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)))
through the sharing of information and technology; and
(4) otherwise expand the capacity of the Service to protect
against the threat of bioterrorism.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for fiscal year
2002, and such sums as may be necessary for each subsequent fiscal year.
SEC. 333. <<NOTE: Appropriation authorization. State listing.>>
BIOSECURITY UPGRADES AT THE DEPARTMENT OF AGRICULTURE.
There is authorized to be appropriated for fiscal year 2002,
$180,000,000 for the purpose of enabling the Agricultural Research
Service to conduct building upgrades to modernize existing facilities,
of which (1) $100,000,000 shall be allocated for renovation, updating,
and expansion of the Biosafety Level 3 laboratory and animal research
facilities at the Plum Island Animal Disease Center (Greenport, New
York), and of which (2) $80,000,000 shall be allocated for the
Agricultural Research Service/Animal and Plant Health Inspection Service
facility in Ames, Iowa. There are authorized to be appropriated such
sums as may be necessary for fiscal years 2003 through 2006 for the
purpose described in the preceding sentence, for the planning and design
of an Agricultural Research Service biocontainment laboratory for
poultry research in Athens, Georgia, and for the planning, updating, and
renovation of the Arthropod-Borne Animal Disease Laboratory in Laramie,
Wyoming.
SEC. 334. <<NOTE: 7 USC 3353.>> AGRICULTURAL BIOSECURITY.
(a) Security at Colleges and Universities.--
(1) Grants.--The Secretary of Agriculture (referred to in
this section as the ``Secretary'') may award grants to covered
entities to review security standards and practices at their
facilities in order to protect against bioterrorist attacks.
(2) Covered entities.--Covered entities under this
subsection are colleges or universities that--
(A) are colleges or universities as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103); and
(B) have programs in food and agricultural sciences,
as defined in such section.
(3) Limitation.--Each individual covered entity may be
awarded one grant under paragraph (1), the amount of which shall
not exceed $50,000.
(4) Contract authority.--Colleges and universities receiving
grants under paragraph (1) may use such grants to enter into
contracts with independent private organizations with
established and demonstrated security expertise to conduct the
security reviews specified in such paragraph.
(b) Guidelines for Agricultural Biosecurity.--
(1) In general.--The Secretary may award grants to
associations of food producers or consortia of such associations
for the development and implementation of educational programs
to improve biosecurity on farms in order to ensure the security
of farm facilities against potential bioterrorist attacks.
(2) Limitation.--Each individual association eligible under
paragraph (1) may be awarded one grant under such paragraph, the
amount of which shall not exceed $100,000. Each consortium
eligible under paragraph (1) may be awarded one grant under such
paragraph, the amount of which shall not exceed $100,000 per
association participating in the consortium.
(3) Contract authority.--Associations of food producers
receiving grants under paragraph (1) may use such grants to
enter into contracts with independent private organizations with
established and demonstrated expertise in biosecurity to assist
in the development and implementation of educational programs to
improve biosecurity specified in such paragraph.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary for
each fiscal year.
SEC. 335. <<NOTE: 7 USC 3354.>> AGRICULTURAL BIOTERRORISM RESEARCH AND
DEVELOPMENT.
(a) In General.--The Secretary of Agriculture (referred to in this
section as the ``Secretary'') may utilize existing research authorities
and research programs to protect the food supply of the United States by
conducting and supporting research activities to--
(1) enhance the capability of the Secretary to respond in a
timely manner to emerging or existing bioterrorist threats to
the food and agricultural system of the United States;
(2) develop new and continue partnerships with institutions
of higher education and other institutions to help form stable,
long-term programs to enhance the biosecurity and food safety of
the United States, including the coordination of the
development, implementation, and enhancement of diverse
capabilities for addressing threats to the nation's agricultural
economy and food supply, with special emphasis on planning,
training, outreach, and research activities related to
vulnerability analyses, incident response, detection, and
prevention technologies;
(3) strengthen coordination with the intelligence community
to better identify research needs and evaluate materials or
information acquired by the intelligence community relating to
potential threats to United States agriculture;
(4) expand the involvement of the Secretary with
international organizations dealing with plant and animal
disease control;
(5) continue research to develop rapid detection field test
kits to detect biological threats to plants and animals and to
provide such test kits to State and local agencies preparing for
or responding to bioterrorism;
(6) develop an agricultural bioterrorism early warning
surveillance system through enhancing the capacity of and
coordination between State veterinary diagnostic laboratories,
Federal and State agricultural research facilities, and public
health agencies; and
(7) otherwise improve the capacity of the Secretary to
protect against the threat of bioterrorism.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $190,000,000 for fiscal year
2002, and such sums as may be necessary for each subsequent fiscal year.
SEC. 336. ANIMAL ENTERPRISE TERRORISM PENALTIES.
(a) In General.--Section 43(a) of title 18, United States Code, is
amended to read as follows:
``(a) Offense.--Whoever--
``(1) travels in interstate or foreign commerce, or uses or
causes to be used the mail or any facility in interstate or
foreign commerce for the purpose of causing physical disruption
to the functioning of an animal enterprise; and
``(2) intentionally damages or causes the loss of any
property (including animals or records) used by the animal
enterprise, or conspires to do so,
shall be punished as provided for in subsection (b).''.
(b) Penalties.--Section 43(b) of title 18, United States Code, is
amended to read as follows:
``(b) Penalties.--
``(1) Economic damage.--Any person who, in the course of a
violation of subsection (a), causes economic damage not
exceeding $10,000 to an animal enterprise shall be fined under
this title or imprisoned not more than 6 months, or both.
``(2) Major economic damage.--Any person who, in the course
of a violation of subsection (a), causes economic damage
exceeding $10,000 to an animal enterprise shall be fined under
this title or imprisoned not more than 3 years, or both.
``(3) Serious bodily injury.--Any person who, in the course
of a violation of subsection (a), causes serious bodily injury
to another individual shall be fined under this title or
imprisoned not more than 20 years, or both.
``(4) Death.--Any person who, in the course of a violation
of subsection (a), causes the death of an individual shall be
fined under this title and imprisoned for life or for any term
of years.''.
(c) Restitution.--Section 43(c) of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) for any other economic damage resulting from the
offense.''.
-
-
