text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Assured Food Safety Act of 2007''.
  
  SEC. 2. CERTIFICATE OF ASSURED SAFETY PROGRAM.
  
      (a) Program.--The Secretary of Agriculture and the Commissioner of 
  Food and Drugs shall jointly establish a program to require all food 
  items imported into the United States to bear a certificate of assured 
  safety issued by the government of the country from which the item is 
  imported. In conducting such program, the Secretary and the 
  Commissioner shall--
              (1) establish requirements for a food item to be issued a 
          certificate of assured safety by the government of the country 
          from which the food item is to be imported into the United 
          States; and
              (2) prohibit a food item that does not bear a certificate 
          of assured safety from being imported into the United States.
      (b) Exemptions.--The Secretary and the Commissioner may exempt from 
  the requirements of the program established under subsection (a) a food 
  item that is imported--
              (1) from a country that has not been the source of a 
          contaminated food item resulting in a significant health or 
          safety recall in the preceding 5 years, as determined by--
                      (A) in the case of meat and poultry food items, the 
                  Secretary; and
                      (B) in the case of all other food items, the 
                  Commissioner; or
              (2) in a de minimis volume, as determined by--
                      (A) in the case of meat and poultry food items, the 
                  Secretary; and
                      (B) in the case of all other food items, the 
                  Commissioner.
      (c) Failure To Provide Assured Level of Safety.--
              (1) Prohibition.--If a food item fails to provide the level 
          of safety assured in the certificate required under this 
          section for such item, the Secretary and the Commissioner shall 
          prohibit the importation of any food item that is the same type 
          of food, is produced by the same person, and is produced in the 
          same country until the Secretary or the Commissioner, as 
          appropriate--
                      (A) is given an opportunity to inspect the place of 
                  production of the food to determine whether appropriate 
                  corrections have been made; and
                      (B) determines that such country has taken 
                  sufficient steps to identify and correct the failure.
              (2) Heightened inspection.--For a period of 3 years after 
          removing a prohibition against importation of a food item 
          described in paragraph (1), the Secretary and the Commissioner 
          shall require a heightened inspection of any such food item to 
          provide reasonable assurance to consumers of their safety.
  
  SEC. 3. REPORTS.
  
      (a) Food Items Subject to Recalls.--Not later than February 15 of 
  each year, the Secretary and the Commissioner shall jointly submit to 
  Congress a report containing--
              (1) the volume of imported food items subject to recalls; 
          and
              (2) the volume of recoveries of such imported food items.
      (b) Sufficiency of Food Safety.--Not later than 3 years after the 
  date of the enactment of this Act, and every 3 years thereafter, the 
  Secretary and the Commissioner shall jointly conduct a study and submit 
  a report to the Congress on the sufficiency of food safety and improved 
  food safety technologies.
      (c) Amount of Food Inspection.--
              (1) Study.--The Secretary and the Commissioner shall 
          jointly conduct a study on inspection of imported food to 
          determine--
                      (A) the minimum amount of inspection necessary to 
                  assure consumers of a safe food supply; and
                      (B) the additional cost of allocating resources for 
                  inspecting imported food in order to achieve such 
                  minimum amount.
              (2) Report.--Not later than 1 year after the date of the 
          enactment of this Act, the Secretary and the Commissioner shall 
          submit to Congress a report containing the results of the study 
          conducted under subsection (a).
  
  SEC. 4. MINIMUM INSPECTIONS.
  
      Not later than 1 year after the date of the submission of the 
  report under section 3(c), the Secretary and the Commissioner shall 
  ensure that the amount of imported food inspected by the Secretary and 
  the Commissioner is not less than the amount determined necessary under 
  section 3(c) to assure consumers of a safe food supply.
  
  SEC. 5. USER FEES REGARDING INSPECTIONS OF IMPORTED FOOD SAFETY.
  
      (a) In General.--
              (1) Assessment.--Beginning in fiscal year 2008, the 
          Secretary and the Commissioner shall jointly assess and collect 
          fees on food imported into the United States.
              (2) Purpose of fees.--The purpose of fees under paragraph 
          (1) is to defray increases in the costs of the resources 
          allocated for inspecting imported food in order to comply with 
          section 4 over the costs of the resources allocated for 
          inspecting imported food in fiscal year 2007 multiplied by the 
          adjustment factor. Increases referred to in the preceding 
          sentence include increases in such costs for an additional 
          number of full-time equivalent positions in the Department of 
          Agriculture and the Department of Health and Human Services to 
          be engaged in carrying out such section.
              (3) Amount of fee; collection.--A fee under paragraph (1) 
          shall be assessed on each line item of food, as defined by the 
          Secretary and the Commissioner by regulation. The amount of the 
          fee shall be based on the number of line items, and may not 
          exceed $20 per line item, notwithstanding subsection (b). The 
          liability for the fee constitutes a personal debt due to the 
          United States, and such liability accrues on the date on which 
          the food is imported into the United States. The Secretary and 
          the Commissioner may coordinate with and seek the cooperation 
          of other agencies of the Federal Government regarding the 
          collection of such fees.
      (b) Total Fee Revenues.--The total fee revenues collected under 
  subsection (a) for a fiscal year shall be the amount appropriated under 
  subsection (f)(3).
      (c) Adjustments.--
              (1) Inflation adjustment.--With respect to the amount of 
          total fee revenues referred to in subsection (b), the amount 
          authorized in subsection (f)(3) for a fiscal year shall be 
          adjusted by the Secretary and the Commissioner (and as adjusted 
          shall be published in the Federal Register) to reflect the 
          greater of--
                      (A) the total percentage change that occurred 
                  during the preceding fiscal year in the Consumer Price 
                  Index for all urban consumers (all items; U.S. city 
                  average); or
                      (B) the total percentage change for such fiscal 
                  year in basic pay under the General Schedule in 
                  accordance with section 5332 of title 5, United States 
                  Code, as adjusted by any locality-based comparability 
                  payment pursuant to section 5304 of such title for 
                  Federal employees stationed in the District of 
                  Columbia.
              (2) Annual fee adjustment.--Not later than 60 days after 
          the end of each fiscal year beginning after fiscal year 2008, 
          the Secretary and the Commissioner, subject to not exceeding 
          the maximum fee amount specified in subsection (a)(3), shall 
          adjust the amounts that otherwise would under subsection (a) be 
          assessed as fees during the fiscal year in which the adjustment 
          occurs so that the total revenues collected in such fees for 
          such fiscal year equal the amount applicable pursuant to 
          subsection (b) for the fiscal year.
      (d) Fee Waiver or Reduction.--The Secretary and the Commissioner 
  shall grant a waiver from or a reduction of a fee assessed under 
  subsection (a) where the Secretary and the Commissioner find that the 
  fee to be paid will exceed the anticipated present and future costs 
  incurred by the Secretary and the Commissioner in carrying out section 
  4 (which finding may be made by the Secretary and the Commissioner 
  using standard costs).
      (e) Assessment of Fees.--
              (1) Limitation.--Fees may not be assessed under subsection 
          (a) for a fiscal year beginning after fiscal year 2008 unless 
          the amount appropriated for salaries and expenses of the 
          Department of Agriculture and the Food and Drug Administration 
          for such fiscal year is equal to or greater than the amount 
          appropriated for salaries and expenses of the Food and Drug 
          Administration for fiscal year 2008 multiplied by the 
          adjustment factor applicable to the fiscal year involved, 
          except that in making determinations under this paragraph for 
          the fiscal years involved there shall be excluded any amounts 
          collected as fees for purposes of funding the inspection of 
          food or other items being imported.
              (2) Authority.--If the Secretary and the Commissioner do 
          not assess fees under subsection (a) during any portion of a 
          fiscal year because of paragraph (1) and if at a later date in 
          such fiscal year the Secretary and the Commissioner may assess 
          such fees, the Secretary and the Commissioner may assess and 
          collect such fees, without any modification in the rate of the 
          fees, at any time in such fiscal year notwithstanding the 
          provisions of subsection (a)(3) relating to the time at which 
          fees are to be paid.
      (f) Crediting and Availability of Fees.--
              (1) In general.--Fees collected for a fiscal year pursuant 
          to subsection (a) shall be credited to the appropriation 
          accounts for salaries and expenses of the Department of 
          Agriculture and the Food and Drug Administration and shall be 
          available in accordance with appropriation Acts until expended 
          without fiscal year limitation. Such sums as may be necessary 
          may be transferred from the Department of Agriculture and the 
          Food and Drug Administration salaries and expenses 
          appropriation accounts without fiscal year limitation to such 
          appropriation accounts for salaries and expenses with such 
          fiscal year limitation. The sums transferred shall be available 
          solely for carrying out section 4.
              (2) Collections and appropriation acts.--The fees 
          authorized in subsection (a)--
                      (A) shall be collected in each fiscal year in 
                  accordance with subsections (a)(3) and (b); and
                      (B) shall only be collected and available for the 
                  purpose specified in subsection (a)(2).
              (3) Authorization of appropriations; allocations by 
          secretary and commissioner.--Subject to paragraph (4), there is 
          authorized to be appropriated the amount determined by the 
          Secretary and the Commissioner under section 3(c) to be 
          necessary to comply with section 4 for each of the fiscal years 
          2008 through 2012.
              (4) Offset.--Any amount of fees collected for a fiscal year 
          under subsection (a) that exceeds the amount of fees specified 
          in appropriation Acts for such fiscal year shall be credited to 
          the appropriation accounts of the Department of Agriculture and 
          the Food and Drug Administration as provided in paragraph (1), 
          and shall be subtracted from the amount of fees that would 
          otherwise be authorized to be collected under this section 
          pursuant to appropriation Acts for a subsequent fiscal year.
      (g) Collection of Unpaid Fees.--In any case where the Secretary and 
  the Commissioner do not receive payment of a fee assessed under 
  subsection (a) within 30 days after it is due, such fee shall be 
  treated as a claim of the United States Government subject to 
  subchapter II of chapter 37 of title 31, United States Code.
      (h) Construction.--This section may not be construed as requiring 
  that the number of full-time equivalent positions in the Department of 
  Agriculture or the Department of Health and Human Services, for 
  officers, employees, and advisory committees not engaged in inspecting 
  imported food be reduced to offset the number of officers, employees, 
  and advisory committees so engaged.
      (i) Definition of Adjustment Factor.--For purposes of this section, 
  the term ``adjustment factor'' applicable to a fiscal year is the 
  Consumer Price Index for all urban consumers (all items; United States 
  city average) for April of the preceding fiscal year divided by such 
  Index for April 2007.''.
  
  SEC. 6. PRIVATE CAUSE OF ACTION.
  
      (a) In General.--Any person aggrieved by the failure of any food 
  item to meet the level of safety assured in the certificate required 
  for that food item under section 2(a) may bring a civil action in a 
  United States district court against the person who imported the food 
  item.
      (b) Damages.--In an action brought pursuant to subsection (a), the 
  court may award actual damages, equitable relief, and any litigation 
  costs reasonably incurred.
  
  SEC. 7. CRIMINAL PENALTIES.
  
      If any person imports a food item into the United States knowing 
  that such food item does not comply with the assurance of safety for 
  such food item in the certificate required for that food item under 
  section 2(a), such person is deemed to be in violation of section 1001 
  of title 18, United States Code (relating to fraudulent and false 
  statements in any matter within the Government).
  
  SEC. 8. DEFINITIONS.
  
      In this Act:
              (1) The term ``Commissioner'' means the Commissioner of 
          Food and Drugs.
              (2) The term ``Secretary'' means the Secretary of 
          Agriculture.
target: Assured Food Safety Act of 2007 - Directs the Secretary of Agriculture and the Commissioner of Food and Drugs to jointly establish a program to require all food items imported into the United States to bear a certificate of assured safety issued by the government of the country from which the item is imported.
  
  Directs the Secretary and the Commissioner to: (1) establish certificate requirements; and (2) prohibit a food item that does not bear such certificate from being imported into the United States. Authorizes specified exemptions.
  
  Directs the Secretary and the Commissioner, upon a food item's failure to provide the assured safety level, to prohibit the importation of any similar food item produced by the same person in the same country until the Secretary or the Commissioner inspects the production place and determines that sufficient corrective steps have been taken.
  
  Requires: (1) heightened inspections for three years following the removal of a food item's import prohibition; and (2) inspection-related user fees on foods imported into the United States. Authorizes fee waiver or reduction.
  
  Provides: (1) a private right of action against an importer; and (2) criminal penalties against an importer who knowingly imports a non-complying food item.
feat_title: To require the Secretary of Agriculture and the Commissioner of Food and Drugs to establish a program requiring a certificate of assured safety for imported food items.