Text: S.893 — 111th Congress (2009-2010)All Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in Senate (04/23/2009)


111th CONGRESS
1st Session
S. 893


To establish the Office of Imported and Domestic Product Safety in the Department of Commerce and the Product Safety Coordinating Council to improve the management, coordination, promotion, and oversight of food and product safety responsibilities, to improve consumer and business access to food and product safety information, and for other purposes.


IN THE SENATE OF THE UNITED STATES

April 23, 2009

Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


A BILL

To establish the Office of Imported and Domestic Product Safety in the Department of Commerce and the Product Safety Coordinating Council to improve the management, coordination, promotion, and oversight of food and product safety responsibilities, to improve consumer and business access to food and product safety information, and for other purposes.

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 “Imported and Domestic Product Safety Act of 2009”.

SEC. 2. Definitions.

In this Act:

(1) COUNCIL.—The term “Council” means the Product Safety Coordinating Council established by section 4(a).

(2) DIRECTOR.—The term “Director” means the Director of Imported and Domestic Product Safety appointed under section 3(b).

(3) OFFICE.—The term “Office” means the Office of Imported and Domestic Product Safety established by section 3(a).

(4) PRODUCT.—The term “product” means any of the following:

(A) Food, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), including—

(i) poultry and poultry products, as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453);

(ii) meat and meat food products, as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601); and

(iii) eggs and egg products, as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033).

(B) A drug, device, cosmetic, dietary supplement, infant formula, and food additive, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).

(C) A consumer product, as such term is defined in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052).

(D) A motor vehicle, motor vehicle equipment, and replacement equipment, as such terms are defined in section 30102 of title 49, United States Code.

(E) A biological product, as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)).

(F) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136).

(G) Any other food, consumer product, fishery product, beverage, or tobacco product with respect to which a department or agency that is represented on the Council has jurisdiction.

SEC. 3. Office of Imported and Domestic Product Safety; Director.

(a) Establishment.—There is established in the Department of Commerce an office to be known as the “Office of Imported and Domestic Product Safety”.

(b) Director.—The Director of Imported and Domestic Product Safety shall be the head of the Office. The Director shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who have—

(1) not less than 10 years of leadership and management experience in the public or private sector; and

(2) expertise in areas relating to product safety and protection of the public.

(c) Duties of the Director.—The Director shall, working with the Council—

(1) ensure that there is coordination among all departments and agencies that have responsibility for product safety in a manner that—

(A) protects the health and safety of United States consumers; and

(B) provides that consumers and businesses have access to product safety information;

(2) establish policies, objectives, and priorities to improve the management, coordination, promotion, and oversight of all departments and agencies that have responsibility for product safety;

(3) work with consumer groups, industry, and other interested parties to establish the policies, objectives, and priorities described in paragraph (2);

(4) improve the www.Recalls.gov Internet website (or successor Federal website) that provides product safety information and recall information for products under different Federal agencies;

(5) develop and maintain a database that—

(A) is centralized;

(B) is user friendly;

(C) is accessible to the public;

(D) includes information about all mandatory and voluntary actions taken with respect to product safety by businesses and departments and agencies that have responsibility for product safety, including—

(i) recalls;

(ii) advisories;

(iii) alerts;

(iv) seizures;

(v) defect determinations;

(vi) import bans; and

(vii) such other actions as the Director considers appropriate; and

(E) incorporates hyperlinks to databases maintained by the departments and agencies that have responsibility for product safety with respect to the actions described in subparagraph (D);

(6) develop guidelines for effective and efficient dissemination, by the departments and agencies of members of the Council, of product recall alerts to consumers and businesses, including retailers, the media, and medical professionals;

(7) promote the development of risk assessment models to assist Federal departments and agencies responsible for the importation and safety of products to better identify and prevent the importation or introduction into commerce of unsafe products;

(8) promote the development of tracing technology to provide consumers with access to the supply chain history of a product;

(9) develop guidelines to facilitate information sharing relating to the importation and safety of products among businesses, United States trading partners, and departments and agencies of Federal, State, and local governments;

(10) develop and maintain a public electronic directory of services to assist consumers and businesses in locating product safety information;

(11) develop a framework for engaging United States trading partners in efforts to improve product safety, including cooperation and coordination related to safety standards, testing, certification, audits, and inspections before products are shipped to the United States;

(12) establish an inventory of memoranda of understanding negotiated by Federal departments and agencies with foreign governments related to the importation and safety of products;

(13) promote coordination among Federal departments and agencies seeking to negotiate new memoranda described in paragraph (11); and

(14) develop guidelines to ensure that there is a unified effort to protect the health and safety of United States consumers, including—

(A) simplifying consumer-retailer interaction regarding products identified as unsafe;

(B) improving product labeling;

(C) developing comprehensive recordkeeping throughout the production, importation, and distribution of products; and

(D) increasing public access to information regarding—

(i) product safety standards, testing, and certification;

(ii) enforcement of product safety laws; and

(iii) product-related deaths, injuries, and illness.

(d) Staff.—

(1) IN GENERAL.—The Director may employ and fix the compensation of such officers and employees as may be necessary to assist the Director in carrying out the duties of the Director set forth by subsection (c).

(2) DETAIL OF GOVERNMENT EMPLOYEES.—The Director may direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within the Federal Government of personnel employed by such department or agency on a reimbursable or nonreimbursable basis to the Office.

(e) Supervision.—The Director shall report to the Secretary of Commerce.

(f) Compensation.—Section 5314 of title 5, United States Code, is amended by adding at the end the following new item:

SEC. 4. Product Safety Coordinating Council.

(a) Establishment.—There is established a Product Safety Coordinating Council—

(1) to improve the management, coordination, promotion, and oversight of product safety responsibilities; and

(2) to assist the Director in—

(A) carrying out the functions of the Office set forth by section 3(c);

(B) developing the strategic plan under section 5; and

(C) developing the report under section 6.

(b) Membership.—

(1) COMPOSITION.—The Council shall consist of the Director and 1 individual designated by each of the following from their respective departments and agencies:

(A) The Commissioner of Customs and Border Protection of the Department of Homeland Security.

(B) The Under Secretary for International Trade of the Department of Commerce.

(C) The United States Trade Representative.

(D) The Under Secretary for Economic, Energy, and Agricultural Affairs of the Department of State.

(E) The Under Secretary for Food Safety of the Department of Agriculture.

(F) The Commissioner of the Food and Drug Administration of the Department of Health and Human Services.

(G) The Under Secretary for Oceans and Atmosphere of the Department of Commerce.

(H) The Chairman of the Consumer Product Safety Commission.

(I) The Administrator of the National Highway Traffic Safety Administration of the Department of Transportation.

(J) The Administrator of the Environmental Protection Agency.

(K) The Administrator of the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury.

(L) The Attorney General.

(M) The Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services.

(N) The Chairman of the Federal Trade Commission.

(O) The Chairman of the United States International Trade Commission.

(P) The Director of the Office of Management and Budget.

(Q) Such other officers of the United States as the Director determines necessary to carry out the functions of the Council.

(2) QUALIFICATIONS.—Each individual designated under paragraph (1) shall be selected from among individuals who are—

(A) involved in product safety and protection of the public from risks to safety; and

(B) qualified to serve on the Council.

(c) Department and agency responsibilities.—

(1) IN GENERAL.—The department or agency of each member of the Council shall assist the Director in—

(A) developing and implementing a unified effort to protect the health and safety of United States consumers;

(B) ensuring that consumers and businesses have access to product safety information; and

(C) carrying out the duties of the Director set forth by section 3(c).

(2) COOPERATION.—Each member of the Council shall ensure that the department or agency the member represents—

(A) provides such assistance, information, and advice as the Director may request;

(B) complies with information sharing policies, procedures, guidelines, and standards established by the Director; and

(C) provides adequate resources to support the activities and operations of the Office.

(d) Meetings.—The Council shall meet not less frequently than monthly at the call of the Director.

(e) Chairperson.—The Director shall be the chairperson of the Council.

SEC. 5. Strategic plan.

(a) Strategic plan required.—Not later than 180 days after the date of the enactment of this Act, and every 2 years thereafter, the Director shall, after consulting with the members of the Council, submit to the President and to Congress a strategic plan.

(b) Contents of strategic plan.—The strategic plan submitted under subsection (a) shall contain—

(1) a detailed description of the goals, objectives, and priorities of the Office and the Council;

(2) a description of the methods for achieving such goals, objectives, and priorities;

(3) a description of the performance measures that will be used to monitor results in achieving such goals, objectives, and priorities; and

(4) an estimate of the resources necessary to achieve such goals, objectives, and priorities, and an estimate of the cost of such resources.

SEC. 6. Annual report on product safety.

(a) Annual report required.—Not later than 1 year after the date of the enactment of this Act and November 1 of each calendar year thereafter, the Director shall submit to the President and to Congress a written report on the safety of products.

(b) Content of report.—The report submitted under subsection (a) shall contain a detailed description of how the duties set forth in section 3(c) are being implemented.

(c) Consultations.—The Director shall consult with the members of the Council with respect to the preparation of the report required by subsection (a). Any comments provided by the members of the Council for a report under such subsection shall be submitted to the Director not later than 1 month before the date such report is submitted to Congress. The Director shall submit the report to Congress after taking into account all comments received.

SEC. 7. Authorization of appropriations.

There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out the provisions of this Act and the activities of the Office.

SEC. 8. Authorization of interagency support for product safety coordination.

The use of interagency funding and other forms of support is authorized by Congress to carry out the functions and activities of the Office and the functions and activities of the Council.