S.Amdt. 941

1. Adds SEC. 42___. INTERIM PROGRAM TO IMPROVE FOOD SAFETY at the end of subtitle C of title IV

   Adds a section

   In S. 954 · Placed on Calendar Senate

   "(3) Maintenance of effort.--Funds made available under paragraph (1) shall be used only to supplement, not to supplant, the amount of Federal funding otherwise expended for nutrition, research, and extension programs of the Department.".

   Inserted: SEC. 42___. INTERIM PROGRAM TO IMPROVE FOOD SAFETY.

   Inserted: (a) Purposes.--The purposes of this section are--

   Inserted: (1) to ensure the effective use of resources, and program fidelity, to support food safety, interstate commerce, and the integrity of the United States meat supply for export markets; and

   Inserted: (2) to remedy repeated program failures described in documents, including--

   Inserted: (A) the audit report of the Inspector General of the Department of Agriculture numbered 24601-0001-41;

   Inserted: (B) the management challenges report of the Office of the Inspector General of the Department dated 2011; and

   Inserted: (C) the reports of the Government Accountability Office numbered--

   Inserted: (i) 10-203;

   Inserted: (ii) 04-247; and

   Inserted: (iii) 02-902.

   Inserted: (b) Definitions.--In this section:

   Inserted: (1) Affected supervisor.--The term "affected supervisor" means an individual serving as, or in any similar capacity as, an inspector-in-charge or an administrator of a food safety program of the Department--

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   Inserted: (A) onsite at a facility of the Department; or

   Inserted: (B) at the circuit or regional level.

   Inserted: (2) Department.--The term "Department" means the Department of Agriculture.

   Inserted: (3) Secretary.--The term "Secretary" means the Secretary of Agriculture, acting through the Assistant Secretary for Administration.

   Inserted: (c) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an interim program to improve food safety, under which the Secretary shall appoint a public health examiner to ensure the integrity of the food safety programs of the Department.

   Inserted: (d) Duties of Public Health Examiner.--

   Inserted: (1) In general.--In carrying out the program under this section, the public health examiner shall--

   Inserted: (A) evaluate, and modify as necessary, the process in effect on the date of enactment of this Act for evaluating the performance of affected supervisors;

   Inserted: (B) employ--

   Inserted: (i) objective, independent individuals with expertise in public health to serve as evaluators of affected supervisors; and

   Inserted: (ii) such additional staff as the public health examiner determines to be necessary to carry out the program;

   Inserted: (C) ensure the use by affected supervisors of objective, data-driven implementation metrics, as applicable, including--

   Inserted: (i) proper, complete, and valid documentation;

   Inserted: (ii) proper enforcement in response to serious and repeat offenses; and

   Inserted: (iii) the provision of proper correlation, supervision, and mission support for onsite personnel;

   Inserted: (D) provide appropriate professional development, reassignment, or other disposition of affected supervisors with a pattern of failing to implement program policies to ensure proper response to significant noncompliance issues;

   Inserted: (E) improve applicable management controls within the Department, including in the Public Health Information System;

   Inserted: (F) to the maximum extent practicable, reduce subjectivity in program implementation; and

   Inserted: (G) terminate the provision of payment awards under the public health human resources system of the Department for affected supervisors against whom the public health examiner or an evaluator employed under subparagraph (B) has identified any serious program implementation failure, until--

   Inserted: (i) each such failure is completely resolved;

   Inserted: (ii) effective corrective actions have been implemented with respect to each such failure; and

   Inserted: (iii) the public health examiner submits to the Committees on Appropriations, Agriculture, Nutrition, and Forestry, and Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations, Agriculture, and Homeland Security of the House of Representatives, a report describing the corrective actions.

   Inserted: (2) Use of savings.--Any amounts saved by the Federal Government as a result of the termination of payment awards under paragraph (1)(G) shall be transferred to the Secretary for use in carrying out the program under this section.

   Inserted: (e) Sunset.--

   Inserted: (1) In general.--The program under this section shall terminate on the date that is 4 years after the date of establishment of the program.

   Inserted: (2) Final report.--Not later than 54 months after the date of establishment of the program under this section, the Comptroller General of the United States shall submit to Congress a final report describing the results of the program.

   Inserted: (f) Funding.--The Secretary shall use to carry out this section for each applicable fiscal year--

   Inserted: (1) not less than $2,500,000 of the amounts made available to the Secretary in appropriations Acts for programs and purposes relating to the Food Safety Inspection Service and the Office of Food Safety; and

   Inserted: (2) the amounts transferred to the Secretary under subsection (d)(2).

   Original wording

   At the end of subtitle C of title IV, add the following:

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As printed