[Pages S5199-S5201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. DURBIN:
S. 4744. A bill to amend the Higher Education Act of 1965 to
establish fair and consistent eligibility requirements for graduate
medical schools operating outside the United States and Canada; to the
Committee on Health, Education, Labor, and Pensions.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Foreign Medical School
Accountability Fairness Act of 2024''.

SEC. 2. PURPOSE.

The purpose of this Act is to establish consistent
eligibility requirements for graduate medical schools
operating outside of the United States and Canada in order to
increase accountability and protect United States students
and taxpayer dollars.

SEC. 3. FINDINGS.

Congress finds the following:
(1) Three for-profit schools in the Caribbean have
historically received nearly \3/4\ of all Federal funding
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) that goes to students enrolled at foreign
graduate medical schools, despite those three schools being
exempt from meeting the same eligibility requirements as the
majority of graduate medical schools located outside of the
United States and Canada.
(2) The National Committee on Foreign Medical Education and
Accreditation and the Department of Education recommend that
all foreign graduate medical schools should be required to
meet the same eligibility requirements to participate in
Federal funding under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.).
(3) The attrition rate at United States medical schools
averaged 3.2 percent between 1998 and 2018, while rates at
for-profit Caribbean medical schools have been known to reach
30 percent.
(4) In 2024, residency match rates for foreign trained
graduates averaged 67 percent compared to 93.5 percent for
graduates of allopathic medical schools in the United States
and 92.3 percent for graduates of osteopathic medical schools
in the United States.
(5) On average, students at for-profit medical schools
operating outside of the United States and Canada amass more
student debt than students at medical schools in the United
States.

SEC. 4. REPEAL GRANDFATHER PROVISIONS.

Section 102(a)(2) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)(2)) is amended--
(1) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i) in the case of a graduate medical school located
outside the United States--

``(I) at least 60 percent of those enrolled in, and at
least 60 percent of the graduates of, the graduate medical
school outside the United States were not persons described
in

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section 484(a)(5) in the year preceding the year for which a
student is seeking a loan under part D of title IV; and
``(II) at least 75 percent of the individuals who were
students or graduates of the graduate medical school outside
the United States or Canada (both nationals of the United
States and others) taking the examinations administered by
the Educational Commission for Foreign Medical Graduates
received a passing score in the year preceding the year for
which a student is seeking a loan under part D of title
IV;''; and

(2) in subparagraph (B)(iii), by adding at the end the
following:

``(V) Expiration of authority.--The authority of a graduate
medical school described in subclause (I) to qualify for
participation in the loan programs under part D of title IV
pursuant to this clause shall expire beginning on the first
July 1 following the date of enactment of the Foreign Medical
School Accountability Fairness Act of 2024.''.

SEC. 5. LOSS OF ELIGIBILITY.

If a graduate medical school loses eligibility to
participate in the loan programs under part D of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.)
due to the enactment of the amendments made by section 4,
then a student enrolled at such graduate medical school on or
before the date of enactment of this Act may, notwithstanding
such loss of eligibility, continue to be eligible to receive
a loan under such part D while attending such graduate
medical school in which the student was enrolled upon the
date of enactment of this Act, subject to the student
continuing to meet all applicable requirements for
satisfactory academic progress, until the earliest of--
(1) withdrawal by the student from the graduate medical
school;
(2) completion of the program of study by the student at
the graduate medical school; or
(3) the fourth June 30 after such loss of eligibility.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
______

By Mr. DURBIN (for himself and Mr. Blumenthal):
S. 4745. A bill to establish the Federal Food Administration to
protect the public health by ensuring the safety of food, preventing
foodborne illness, maintaining safety reviews and reassessments of food
additives, reducing the prevalence of diet-related chronic diseases,
enforcing pesticide residue tolerances, improving the surveillance of
foodborne pathogens, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Federal Food Administration
Act of 2024''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Administration.--The term ``Administration'', except as
otherwise provided, means the Federal Food Administration
established under section 101(a)(1).
(2) Commissioner.--The term ``Commissioner'', except as
otherwise provided, means the Commissioner of Foods appointed
under section 101(a)(2).
(3) Facility.--The term ``facility'' means any factory,
warehouse, or establishment that is subject to the
requirements of section 415 or 419 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 350d; 350h).

SEC. 3. EFFECTIVE DATE.

This Act, including the amendments made by this Act, shall
take effect 180 days after the date of enactment of this Act.

SEC. 4. FUNDING.

(a) Transfer of Funds.--The appropriations, allocations,
and other funds that relate to the authorities, functions and
agencies transferred under section 102 shall be transferred
to the Administration.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section, such sums as
may be necessary for fiscal year 2025 and each fiscal year
thereafter.

TITLE I--ESTABLISHMENT OF FEDERAL FOOD ADMINISTRATION

SEC. 101. ESTABLISHMENT OF FEDERAL FOOD ADMINISTRATION.

(a) Establishment.--
(1) In general.--There is established within the Department
of Health and Human Services an agency to be known as the
``Federal Food Administration''.
(2) Head of administration.--The Administration shall be
headed by the Commissioner of Foods, who shall have food
safety expertise, and be appointed by the President, by and
with the advice and consent of the Senate.
(3) Effect.--The Federal Food and Drug Administration shall
be renamed the ``Federal Drug Administration'' and retain
responsibility for carrying out its responsibilities related
to drugs, cosmetics, devices, biological products, color
additives, and tobacco. The Commissioner of Food and Drugs
shall be renamed the ``Commissioner of Drugs'', and shall
retain the responsibilities of the Commissioner of Food and
Drugs, as of the day before the date of enactment of this
Act, except such responsibilities that relate to food, which
shall be assumed by the Commissioner of Food. Each reference
in law, regulation, document, paper, or other record of the
United States to the ``Food and Drug Administration'' shall
be deemed a reference to the ``Federal Drug Administration'',
and each reference in law, regulation, document, paper, or
other record of the United States to the ``Commissioner of
Food and Drugs'' shall be deemed a reference to the
``Commissioner of Drugs''.
(b) Duties of the Commissioner.--The Commissioner shall--
(1) administer and enforce all authorities under chapter IV
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et
seq.);
(2) serve as a representative to international food safety
bodies and discussions;
(3) promulgate and enforce regulations to ensure the
security of the food supply from all forms of contamination,
including intentional contamination; and
(4) oversee--
(A) implementation of Federal food efforts;
(B) inspection, labeling, enforcement, and research efforts
to protect the public health;
(C) development of consistent and science-based standards
for safe food;
(D) safety reviews and reassessments of food additives;
(E) establishment and enforcement of tolerances for
poisonous or deleterious substances;
(F) monitoring and enforcement of pesticide residue
tolerances in or on foods;
(G) coordination and prioritization of food research and
education programs with other Federal agencies;
(H) prioritization of Federal food efforts and deployment
of Federal food resources to achieve the greatest benefit in
reducing foodborne illness and diet-related chronic diseases;
(I) coordination of the Federal response to foodborne
illness outbreaks with other Federal and State agencies;
(J) integration of Federal food activities with State and
local agencies; and
(K) assignment of tolerances for animal drugs used in food-
producing animals.

SEC. 102. TRANSFER OF AUTHORITY, FUNCTIONS AND AGENCIES.

(a) Transfer of Authority.--The Administration shall assume
responsibility for carrying out chapter IV of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) and
maintain all enforcement authorities with respect to food
held by the Food and Drug Administration on the date of
enactment of this Act.
(b) Transfer of Functions.--For each Federal agency,
office, and center specified in subsection (c), there are
transferred to the Administration all functions that the head
of the Federal agency exercised on the day before the date of
enactment of this Act (including all related functions of any
officer or employee of the Federal agency) that relate to
administration or enforcement of the food law, as determined
by the President.
(c) Transferred Agencies.--The Federal agencies referred to
in subsection (b) are--
(1) the resources and facilities of the Center for Food
Safety and Applied Nutrition of the Food and Drug
Administration that administer chapter IV of the Federal
Food, Drug, and Cosmetics Act (21 U.S.C. 341 et seq.);
(2) the resources and facilities of the Office of
Regulatory Affairs of the Food and Drug Administration that
administer and conduct inspections of food and feed
facilities and imports;
(3) the resources and facilities of the Center for
Veterinary Medicine of the Food and Drug Administration that
administer chapter IV of the Federal Food, Drug, and
Cosmetics Act (21 U.S.C. 341 et seq.);
(4) the Office of Food Policy and Response of the Food and
Drug Administration; and
(5) such other offices, services, or agencies as the
President designates by Executive order to carry out this
Act.
(d) Conforming Amendment.--Subchapter A of chapter VII of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371 et
seq.) is amended by adding at the end the following:

``SEC. 716. REGULATION OF FOOD.

``Notwithstanding any other provision of this Act,
beginning on the date that is 180 days after the date of
enactment of the Federal Food Administration Act of 2024, any
authority under this Act that relates to food shall be under
the authority of the Federal Food Administration, and shall
be carried out by the Commissioner of Food. Any reference in
this Act to authorities related to food held by the Secretary
shall be deemed to be a reference to authorities held by the
Commissioner of Food.''.

SEC. 103. ADDITIONAL DUTIES OF THE ADMINISTRATION.

(a) Officers and Employees.--The Commissioner may--
(1) appoint officers and employees for the Administration
in accordance with the provisions of title 5, United States
Code, relating to appointment in the competitive service; and
(2) fix the compensation of those officers and employees in
accordance with chapter 51 and with subchapter III of chapter
53 of that title, relating to classification and General
Schedule pay rates.
(b) Experts and Consultants.--The Administration may--
(1) procure the services of temporary or intermittent
experts and consultants as authorized by section 3109 of
title 5, United States Code; and

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(2) pay in connection with those services the travel
expenses of the experts and consultants, including
transportation and per diem in lieu of subsistence while away
from the homes or regular places of business of the
individuals, as authorized by section 5703 of that title.
(c) Bureaus, Offices, and Divisions.--The Commissioner may
establish within the Administration such bureaus, offices,
and divisions as the Commissioner determines are necessary to
perform the duties of the Commissioner.
(d) Advisory Committees.--
(1) In general.--The Commissioner shall establish advisory
committees that consist of representative of scientific
expert bodies, academics, industry specialists, and
consumers.
(2) Duties.--The duties of an advisory committee
established under paragraph (1) may include developing
recommendations with respect to the development of regulatory
science and processes, research, communications, performance
standards, and inspection.

TITLE II--ADMINISTRATION OF FOODS PROGRAM

SEC. 201. ESTABLISHMENT OF INSPECTION PROGRAM.

(a) In General.--The Commissioner shall establish an
inspection program, which shall include inspections of food
facilities subject to subsection (b) and in accordance with
section 202.
(b) Facility Categories.--Not later than 6 months after the
date of enactment of this Act, the Commissioner shall issue
formal guidance defining the criteria by which food
facilities will be divided into ``high-risk,'' ``intermediate
risk,'' and ``low-risk'' facilities.
(c) Inspection Frequencies.--Frequency of inspections of
food facilities under this Act shall be based on the
categories defined pursuant to subjection (b) and in
accordance with section 202.

SEC. 202. INSPECTIONS OF FOOD FACILITIES.

(a) Frequency of Inspections.--
(1) High-risk facilities.--The Commissioner shall inspect
high-risk facilities not less than once per a year.
(2) ``intermediate-risk facilities .--The Commissioner
shall inspect intermediate-risk facilities not less than once
every 2 years.
(3) ``low-risk facilities.--The Commissioner shall inspect
low risk facilities, which shall include warehouses or
similar facilities that engage in packaging or distribution,
and pose very minimal public health risk, not less than once
every 3 years.
(b) Infant Formula Manufacturing Facilities.--The
Commissioner shall inspect the facilities of each
manufacturer of infant formula not less than every 6 months.
(c) Federal and State Cooperation.--The Commissioner shall
contract with State officials to carry out half of the safety
inspections required under this section.

SEC. 203. COMPLIANCE CHECKS.

Not later than 30 days after issuing a form that is
equivalent to an FDA Form 483 to a facility, pursuant to an
inspection under section 704 of Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374), the Commissioner shall conduct
a follow-up compliance check with the facility.

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