S. 2688Senate110th Congress (2007-2009)In Committee

Commercial Seafood Consumer Protection Act

Legislative Activity

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5 earlier actions

SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 880.

July 15, 2008

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SenateIntro Referral

Introduced in Senate

March 4, 2008

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S1523)

March 4, 2008

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S1523-1524)

Commerce, Science, and Transportation Committee

March 4, 2008

SenateCommittee

Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

Commerce, Science, and Transportation Committee

April 24, 2008

SenateCommittee

Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with an amendment in the nature of a substitute. With written report No. 110-420.

Commerce, Science, and Transportation Committee

July 15, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 880.

July 15, 2008

Floor Debate

3 members

What members said about S. 2688 on the floor

2 Republicans1 Democrat

Sen. Pete V. DomeniciR-NM · Mar 4, 2008

Mr. President, I rise today to introduce legislation authorizing new construction at Holloman Air Force Base, New Mexico. I am proud to offer this bill because Holloman has a variety of military…

Mr. President, I rise today to introduce legislation authorizing new construction at Holloman Air Force Base, New Mexico.

I am proud to offer this bill because Holloman has a variety of military construction needs associated with the Air Force's decision to house F-22A Raptors at Holloman Air Force Base.

One of these is an Aerospace Ground Equipment facility to support the F-22 transition and stationing at Holloman. The Department of Defense budgeted

for this item in its fiscal year 09 Defense budget request, and in keeping with that request my legislation authorizes $4.6 million for the construction of the Aerospace Ground Equipment facility.

Holloman Air Force Base is an important asset to our nation, and I am proud to support the base and the airmen stationed there by introducing this bill.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce legislation authorizing new construction at Holloman Air Force Base, New Mexico.

I am proud to offer this bill because Holloman has a variety of military construction needs because of a March 2006 decision by the Secretary of Defense to use Holloman Air Force Base as an F-22 Raptor base.

One of these is for additions and alterations to a Flight Simulator facility to support the F-22 transition and stationing at Holloman. The Department of Defense budgeted for this item in its fiscal year 2009 Defense budget request, and in keeping with that request my legislation authorizes $3.15 million for the additions and alterations to the Flight Simulator facility.

Our Air Force fighter wings defend our homeland and support all global combat operations. I am proud to support those airmen, and I look forward to working on this bill and taking other actions to support our military forces.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce legislation authorizing new construction at Kirtland Air Force Base, New Mexico.

Kirtland Air Force Base serves many roles for the Department of Defense and the U.S. Air Force. The Nuclear Weapons Center, Air Force Research Laboratories, the New Mexico Air National Guard, and a Department of Energy National Nuclear Security Administration national laboratory are some of the many Federal entities doing work at Kirtland. As such, Kirtland's construction needs are many.

Therefore, I am proud to offer this bill to authorize replacement of fuel storage tanks at Kirtland Air Force Base. The President's fiscal year 2009 budget requests $14.4 million for this work, and in keeping with that request my legislation authorizes $14.4 million for the work to replace the fuel storage tanks.

Our armed forces deserve our full support, I am proud to offer my support for the personnel at Kirtland Air Force Base by introducing this bill.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce legislation authorizing new construction at Holloman Air Force Base, New Mexico.

One of these is for additions and alterations to Aircraft Maintenance Units to support the F-22 transition and stationing, at Holloman. The Department of Defense budgeted for this item in its fiscal year 2009 Defense budget request, and in keeping with that request my legislation authorizes $1.05 million for additions and alterations to Aircraft Maintenance Units.

The F-22A is a unique capability, and we must ensure that our airmen have the facilities they need to utilize and care for that capability. I am proud to offer this legislation to fulfill those purposes.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce legislation authorizing new construction at Holloman Air Forc Base, New Mexico.

I am proud to offer this bill because with F-22s scheduled to arrive at Holloman in 2009, military construction is needed at the base.

One of those needs is alteration of an existing hangar for construction of a Low Observable Composite Repair Facility to support the F-22 transition

and stationing at Holloman. The Department of Defense budgeted for this item in its fiscal year 2009 Defense budget request, and in keeping with that request my legislation authorizes $14.5 million for the construction of the Low Observable Composite Repair Facility.

Our Air Force fighter wings are an important part of our global combat operations. I am proud to support our airmen, and I look forward to working on this bill to address some of their construction needs.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce legislation authorizing new construction at Cannon Air Force Base, New Mexico.

I am proud to offer this bill because Cannon has a variety of military construction needs because of a June 2006 decision by the Secretary of Defense to use Cannon Air Force Base as an Air Force Special Operations base.

One of these needs is the construction of a Special Operations Forces Maintenance Hangar. The Department of Defense budgeted for this item in its fiscal year 2009 Defense budget request, and in keeping with that request my legislation authorized $18.1 million for the construction of a Special Operations Forces Maintenance Hangar.

Our special operations forces are a part of some of the most important missions in the Global War on Terror, and we have more special operations warfighters deployed now than ever before. I am proud to support those soldiers, and I look forward to working on this bill taking other actions to support our special operations forces.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce legislation authorizing new construction at Holloman Air Force Base, New Mexico.

I am proud to offer this bill because there are a number of military construction needs at Holloman as a result of a decision by the Secretary of the Air Force to use Holloman Air Force Base as an F-22 Raptor base.

One of these is a Jet Engine Maintenance Shop to support the F-22 transition and stationing at Holloman. The Department of Defense budgeted for this item in its fiscal year 2009 Defense budget request, and in keeping with that request my legislation authorizes $2.15 million for the construction of the Jet Engine Maintenance Shop.

Mr. President, our airmen are one of the most important assets we have in the Global War on Terror, and they need adequate facilities to do their work. I am proud to offer this legislation to support them in one of their newest missions, flying the F-22A Raptor.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Christopher S. BondR-MO · Mar 4, 2008

Mr. President, I rise today to introduce a bill that I call the Farm Red Tape Reduction Act. This act will give farmers a voice in Federal rulemakings whenever a new Federal regulation threatens to…

Mr. President, I rise today to introduce a bill that I call the Farm Red Tape Reduction Act.

This act will give farmers a voice in Federal rulemakings whenever a new Federal regulation threatens to impose severe economic pain on farmers.

As we saw with small businesses, many times the Government overlooks the plight of the little guy, who does not have the resources or know- how to weigh-in with big Government agencies in Washington. In 1976, Congress created the Office of Advocacy to ensure that small businesses have an advocate in Government and a seat at the table when new regulations affecting them are drafted. I want to share that same success now with farmers.

The idea is simple. This act would help provide a more transparent Government that listens to the people most affected by the regulations. It will hold the Government more accountable for its actions. It is a message that the Federal Government is meant to serve to its citizens, not bully them. We want to make this an easy process. Citizens should be heard while the Government is deciding on a regulation that affects them--not after the decision is made. The difference is subtle, but important. Listen to farmers and agriculture first--be inclusive.

Cutting unnecessary red tape will provide greater flexibility for agriculture businesses by removing barriers to enterprise. Encouraging enterprise is essential if the United States is to compete in a global environment.

Farms and other agricultural businesses will benefit from simplified rules.

This measure will help in cutting red tape with a view to improving the environment for agricultural business. My experience on the Small Business Committee tells me that there are currently dozens of regulatory proposals before Federal agencies--but most without a true assessment of impact on the very people they will most affect.

The question we must ask ourselves is this: Are all these initiatives necessary and what are the consequences? I want agencies to look into this question. The best way to do that is to hear from the folks most affected.

The Office of Advocacy celebrated its 30th anniversary this year. The Regulatory Flexibility Act, RFA, is 27 years old and the Small Business Regulatory Enforcement Fairness Act, SBREFA, is 11 years old.

The common theme: They have all gone a long way in making agencies aware of the unique concerns of small business. With the passage of these laws small business concerns were given a voice at the table, they have been putting that voice to use ever since--with great success.

These laws have been successful. Early intervention and improved compliance have led to less burdensome regulations. For example, in fiscal year 2001, involvement in agency rulemakings helped save small businesses an estimated $4.4 billion in new regulatory compliance costs.

Similarly, in fiscal year 2002, efforts to improve agency compliance with the RFA on behalf of small entities secured more than $21 billion in first-year cost savings, with an additional $10 billion in annually recurring cost savings. Most recently, in fiscal year 2003, they achieved more than $6.3 billion in regulatory cost savings and more than $5.7 billion in recurring annual savings on behalf of small entities.

If we can add farmers to the table and save them any portion of that kind of money--just that fact will make this bill a success.

Just as important is that these laws have not hindered the development of regulations. In fact, these laws are credited with helping regulators come up with better plans. Plans that work--because the people who will be regulated are involved in the development of the rules. This gives them some ownership and that makes successful compliance and implementation.

Our economy and the lives of farmers is constantly changing--this is due in no small part to what we are doing today--making changes to farm legislation, new technologies, new trade deals, new regulations of every kind being implemented year round. This creates new and constant challenges for analyzing regulatory impacts on farmers. If there was ever a time farmers needed a voice at the table when new regulations are made--it is now.

It is not my intention to throw out regulations simply as a matter of principle if, for example, they involve costs for businesses. I am more concerned with obtaining solid impact analyses that can serve as a basis for informed decision-making.

It is also quite clear that better regulations will be possible only if those affected also play their part, since it is they who will be responsible for implementation.

What I have heard from some who oppose this, is that they are concerned about the burden of red tape. However, they are not concerned about the burden of red tape on farmers. They are concerned about the burden of red tape on Washington regulators working to impose red tape on farmers.

Surely the Senate should be more concerned with red tape on our farmers than red tape on our Washington regulators. We should have a rulemaking advocate for farmers just as we have one at Small Business Administration for small businesses. Advocates do not have the power to change standards or stop regulations, only inform them. We should all support a more informed process so burdens are reduced and regulations are more effective and widely supported. We all know what having a USDA rulemaking advocate means in Washington; there will still be 20 officials from other agencies in the room working to regulate farmers. But now, there may be one from USDA also in the room.

This bill has received support from the American Farm Bureau Federation, the National Council of Farmer Cooperatives, the National Cotton Council, the American Soybean Association, National Milk Producers Federation, South East Dairy Farmers Association, National Association of Wheat Growers, USA Rice Federation, Western United Dairymen, and the National Pork Producers Council.

I ask my colleagues to support this bill and join me in helping farmers and agricultural business reduce unnecessary bureaucratic red tape by including them at the table.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Daniel K. InouyeD-HI · Mar 4, 2008

Mr. President, I rise today to introduce the Commercial Seafood Consumer Protection Act. I am joined by Senator Stevens, the Vice Chairman of the Senate Commerce, Science, and Transportation…

Sen. Daniel K. InouyeD-HI · Mar 4, 2008

Mr. President, I rise today to introduce the Commercial Seafood Consumer Protection Act. I am joined by Senator Stevens, the Vice Chairman of the Senate Commerce, Science, and Transportation…

Bill Text

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Reported to SenateIssued July 15, 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 2688 Reported in Senate (RS)]

Calendar No. 880
110th CONGRESS
2d Session
S. 2688

[Report No. 110-420]

To improve the protections afforded under Federal law to consumers from
contaminated seafood by directing the Secretary of Commerce to
establish a program, in coordination with other appropriate Federal
agencies, to strengthen activities for ensuring that seafood sold or
offered for sale to the public in or affecting interstate commerce is
fit for human consumption.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 4, 2008

Mr. Inouye (for himself, Mr. Stevens, Mr. Nelson of Florida, Ms.
Murkowski, and Mr. Vitter) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation

July 15, 2008

Reported by Mr. Inouye, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

A BILL

To improve the protections afforded under Federal law to consumers from
contaminated seafood by directing the Secretary of Commerce to
establish a program, in coordination with other appropriate Federal
agencies, to strengthen activities for ensuring that seafood sold or
offered for sale to the public in or affecting interstate commerce is
fit for human consumption.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Commercial Seafood Consumer
Protection Act''.</DELETED>

<DELETED>SEC. 2. SEAFOOD SAFETY.</DELETED>

<DELETED>    (a) In General.--The Secretary of Commerce shall, in
coordination with the Secretary of Health and Human Services and other
appropriate Federal agencies, establish a program to strengthen Federal
activities for ensuring that commercially distributed seafood in the
United States meets the food quality and safety requirements of Federal
law.</DELETED>
<DELETED>    (b) Memorandum of Understanding.--The Secretary of
Commerce and the Secretary of Health and Human Services shall enter
into an agreement within 180 days after enactment of this Act to
strengthen cooperation on seafood safety. The agreement shall include
provisions for--</DELETED>
<DELETED>    (1) cooperative arrangements for examining and
testing seafood imports;</DELETED>
<DELETED>    (2) coordination of inspections of foreign
facilities;</DELETED>
<DELETED>    (3) technical assistance and training of foreign
facilities for marine aquaculture, technical assistance for
foreign governments concerning United States regulatory
requirements, and appropriate information transfer arrangements
between the United States and foreign governments;</DELETED>
<DELETED>    (4) developing a process for expediting imports of
seafood into the United States from foreign countries and
exporters that consistently adhere to the highest standards for
ensuring seafood safety;</DELETED>
<DELETED>    (5) establishing a system to track shipments of
seafood in the distribution chain within the United
States;</DELETED>
<DELETED>    (6) labeling requirements to assure species
identity and prevent fraudulent practices;</DELETED>
<DELETED>    (7) a process by which officers and employees of
the National Oceanic and Atmospheric Administration and
National Marine Fisheries Service may be commissioned by the
Secretary of Health and Human Services for seafood examinations
and investigations conducted under section 801 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 381);</DELETED>
<DELETED>    (8) the sharing of information concerning observed
non-compliance with United States food requirements
domestically and in foreign countries and new regulatory
decisions and policies that may affect regulatory outcomes;
and</DELETED>
<DELETED>    (9) conducting joint training on subjects that
affect and strengthen seafood inspection effectiveness by
Federal authorities.</DELETED>

<DELETED>SEC. 3. CERTIFIED LABORATORIES.</DELETED>

<DELETED>    Within 180 days after the date of enactment of this Act,
the Secretary of Commerce, in consultation with the Secretary of Health
and Human Services, shall increase the number of laboratories certified
to the standards of the Food and Drug Administration in the United
States and in countries that export seafood to the United States for
the purpose of analyzing seafood and ensuring that it complies with
Federal law. Such laboratories may include Federal, State, and private
facilities. The Secretary of commerce shall publish in the Federal
Register a list of certified laboratories, and shall update the list,
and publish the updated list, no less frequently than
annually.</DELETED>

<DELETED>SEC. 4. NOAA LABORATORIES.</DELETED>

<DELETED>    In any fiscal year beginning after the date of enactment
of this Act, the Secretary of Commerce may increase the number and
capacity of laboratories operated by the National Oceanic and
Atmospheric Administration involved in carrying out testing and other
activities under this Act to the extent the Secretary determines that
increased laboratory capacity is necessary to carry out the provisions
of this Act and as provided for in appropriations Acts.</DELETED>

<DELETED>SEC. 5. CONTAMINATED SEAFOOD.</DELETED>

<DELETED>    (a) Refusal of Entry.--The Secretary of Health and Human
Services shall issue an order refusing admission into the United States
of all imports of seafood or seafood products originating from a
country or exporter if the Secretary determines, on the basis of
reliable evidence, that shipments of such seafood or seafood products
is not likely to meet the requirements of Federal law.</DELETED>
<DELETED>    (b) Increased Testing.--If the Secretary determines, on
the basis of reliable evidence that seafood imports originating from a
country may not meet the requirements of Federal law, and determines
that there is a lack of adequate certified laboratories to provide for
the entry of shipments pursuant to section 3, then the Secretary shall
order an increase in the percentage of shipments tested of seafood
originating from such country to improve detection of potential
violations of such requirements.</DELETED>
<DELETED>    (c) Allowance of Individual Shipments From Exporting
Country or Exporter.--Notwithstanding an order under subsection (a)
with respect to seafood originating from a country or exporter, the
Secretary may permit individual shipments of seafood originating in
that country or from that exporter to be admitted into the United
States if--</DELETED>
<DELETED>    (1) the exporter presents evidence from a
laboratory certified by the Secretary that a shipment of
seafood meets the requirements of Federal law;</DELETED>
<DELETED>    (2) the Secretary, or an entity commissioned to
carry out examinations and investigations under section 702(a)
of the Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)),
has inspected the shipment and has found that the shipment
meets the requirements of Federal law.</DELETED>
<DELETED>    (d) Cancellation of Order.--The Secretary may cancel an
order under subsection (a) with respect to seafood exported from a
country or exporter if all shipments into the United States under
subsection (c) of seafood originating in that country or from that
exporter more than 1 year after the date on which the Secretary issued
the order have been found, under the procedures described in subsection
(c), to meet the requirements of Federal law. If the Secretary
determines that an exporter has failed to comply with the requirements
of an order under subsection (a), the 1-year period in the preceding
sentence shall run from the date of that determination rather than the
date on which the order was issued.</DELETED>
<DELETED>    (e) Reliable Evidence Defined.--In this section, the term
``reliable evidence'' includes--</DELETED>
<DELETED>    (1) the detection of failure to meet Federal law
requirements under subsection (a) by the Secretary;</DELETED>
<DELETED>    (2) the detection of all seafood products that
fail to meet Federal law requirements by an entity commissioned
to carry out examinations and investigations under section
702(a) of the Federal Food, Cosmetic, and Drug Act (21 U.S.C.
372(a)) or a laboratory certified under subsection
(c);</DELETED>
<DELETED>    (3) findings from an inspection team formed under
section 6; or</DELETED>
<DELETED>    (4) the detection by other importing countries of
non-compliance of shipments of seafood or seafood products that
originate from the exporting country or exporter.</DELETED>
<DELETED>    (f) Effect.--This section shall be in addition to, and
shall have no effect on, the authority of the Secretary of Health and
Human Services under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) with respect to seafood, seafood products, or any
other product.</DELETED>

<DELETED>SEC. 6. INSPECTION TEAMS.</DELETED>

<DELETED>    The Secretary of Commerce, in cooperation with the
Secretary of Health and Human Services, may send 1 or more inspectors
to a country or exporter from which seafood exported to the United
States originates. The inspection team will assess whether any
prohibited drug, practice, or process is being used in connection with
the farming, cultivation, harvesting, preparation for market, or
transportation of such seafood. The inspection team shall prepare a
report for the Secretary with its findings. The Secretary of Commerce
shall cause the report to be published in the Federal Register no later
than 90 days after the inspection team makes its final report. The
Secretary of Commerce shall notify the country or exporter through
appropriate means as to the findings of the report no later than the
date on which the report is published in the Federal Register. A
country may offer a rebuttal to the assessment within 90 days after
publication of the report.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated for each of fiscal
years 2009 through 2013, for purposes of carrying out the provisions of
this Act, $15,000,000.</DELETED>

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Commercial Seafood Consumer
Protection Act''.

SEC. 2. SEAFOOD SAFETY.

(a) In General.--The Secretary of Commerce shall, in coordination
with the Secretary of Health and Human Services and other appropriate
Federal agencies, establish a program, consistent with the
international obligations of the United States, to strengthen Federal
activities for ensuring that commercially distributed seafood in the
United States meets the food quality and safety requirements of Federal
law.
(b) Memorandum of Understanding.--The Secretary of Commerce and the
Secretary of Health and Human Services shall enter into an agreement
within 180 days after enactment of this Act to strengthen cooperation
on seafood safety. The agreement shall include provisions for--
(1) cooperative arrangements for examining and testing
seafood imports;
(2) coordination of inspections of foreign facilities;
(3) technical assistance and training of foreign facilities
for marine aquaculture, technical assistance for foreign
governments concerning United States regulatory requirements,
and appropriate information transfer arrangements between the
United States and foreign governments;
(4) developing a process for expediting imports of seafood
into the United States from foreign countries and exporters
that consistently adhere to the highest standards for ensuring
seafood safety;
(5) establishing a system to track shipments of seafood in
the distribution chain within the United States;
(6) labeling requirements to assure species identity and
prevent fraudulent practices;
(7) a process by which officers and employees of the
National Oceanic and Atmospheric Administration and National
Marine Fisheries Service may be commissioned by the Secretary
of Health and Human Services for seafood examinations and
investigations conducted under section 801 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381);
(8) the sharing of information concerning observed non-
compliance with United States food requirements domestically
and in foreign countries and new regulatory decisions and
policies that may affect regulatory outcomes; and
(9) conducting joint training on subjects that affect and
strengthen seafood inspection effectiveness by Federal
authorities.

SEC. 3. CERTIFIED LABORATORIES.

Within 180 days after the date of enactment of this Act, the
Secretary of Commerce, in consultation with the Secretary of Health and
Human Services, shall increase the number of laboratories certified to
the standards of the Food and Drug Administration in the United States
and in countries that export seafood to the United States for the
purpose of analyzing seafood and ensuring that it complies with Federal
law. Such laboratories may include Federal, State, and private
facilities. The Secretary of Commerce shall publish in the Federal
Register a list of certified laboratories, and shall update the list,
and publish the updated list, no less frequently than annually.

SEC. 4. NOAA LABORATORIES.

In any fiscal year beginning after the date of enactment of this
Act, the Secretary of Commerce may increase the number and capacity of
laboratories operated by the National Oceanic and Atmospheric
Administration involved in carrying out testing and other activities
under this Act to the extent the Secretary determines that increased
laboratory capacity is necessary to carry out the provisions of this
Act and as provided for in appropriations Acts.

SEC. 5. CONTAMINATED SEAFOOD.

(a) Refusal of Entry.--The Secretary of Health and Human Services
may issue an order refusing admission into the United States of all
imports of seafood or seafood products originating from a country or
exporter if the Secretary determines that shipments of such seafood or
seafood products do not meet the requirements established under the
Federal Food, Cosmetic, and Drug Act (21 U.S.C. 301 et seq.).
(b) Increased Testing.--If the Secretary determines that seafood
imports originating from a country may not meet the requirements of
Federal law, and determines that there is a lack of adequate certified
laboratories to provide for the entry of shipments pursuant to section
3, then the Secretary may order an increase in the percentage of
shipments tested of seafood originating from such country to improve
detection of potential violations of such requirements.
(c) Allowance of Individual Shipments From Exporting Country or
Exporter.--Notwithstanding an order under subsection (a) with respect
to seafood originating from a country or exporter, the Secretary may
permit individual shipments of seafood originating in that country or
from that exporter to be admitted into the United States if--
(1) the exporter presents evidence from a laboratory
certified by the Secretary that a shipment of seafood meets the
requirements of Federal law;
(2) the Secretary, or an entity commissioned to carry out
examinations and investigations under section 702(a) of the
Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), has
inspected the shipment and has found that the shipment meets
the requirements of Federal law.
(d) Cancellation of Order.--The Secretary may cancel an order under
subsection (a) with respect to seafood exported from a country or
exporter if all shipments into the United States under subsection (c)
of seafood originating in that country or from that exporter more than
1 year after the date on which the Secretary issued the order have been
found, under the procedures described in subsection (c), to meet the
requirements of Federal law. If the Secretary determines that an
exporter has failed to comply with the requirements of an order under
subsection (a), the 1-year period in the preceding sentence shall run
from the date of that determination rather than the date on which the
order was issued.
(e) Effect.--This section shall be in addition to, and shall have
no effect on, the authority of the Secretary of Health and Human
Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.) with respect to seafood, seafood products, or any other
product.

SEC. 6. INSPECTION TEAMS.

The Secretary of Commerce, in cooperation with the Secretary of
Health and Human Services, may send 1 or more inspectors to a country
or exporter from which seafood exported to the United States
originates. The inspection team will assess practices and processes
being used in connection with the farming, cultivation, harvesting,
preparation for market, or transportation of such seafood and provide
technical assistance related to the requirements established under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). The
inspection team shall prepare a report for the Secretary of Commerce
with its findings. The Secretary of Commerce shall make a copy of the
report available to the country or exporter that is the subject of the
report and provide a 30-day period during which the country or exporter
may provide a rebuttal or other comments on the findings to the
Secretary. The Secretary of Commerce shall cause the report, together
with any comments submitted to the Secretary by the country or
exporter, to be published in the Federal Register no later than 60 days
after the inspection team makes its final report.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for each of fiscal years
2009 through 2013, for purposes of carrying out the provisions of this
Act, $15,000,000.
Calendar No. 880

110th CONGRESS

2d Session

S. 2688

[Report No. 110-420]

_______________________________________________________________________

A BILL

To improve the protections afforded under Federal law to consumers from
contaminated seafood by directing the Secretary of Commerce to
establish a program, in coordination with other appropriate Federal
agencies, to strengthen activities for ensuring that seafood sold or
offered for sale to the public in or affecting interstate commerce is
fit for human consumption.

_______________________________________________________________________

July 15, 2008

Reported with an amendment