Washington Update

Since September 11, a significant amount of activity in Washington has focused on food safety and drinking water vulnerabilities. Following is a brief synopsis of the major actions.

Food Safety

Early in the year, a federal appeals court decision prohibited the U.S. Department of Agriculture (USDA) from shutting down meat processing plants that repeatedly output contaminated meat. Congressional measures were subsequently introduced to restore the USDA's authority in this area. Senator Tom Harkin (D-IA), chairman of the Senate Agriculture Committee proposed a bill that would clarify and strengthen the USDA's role and responsibilities. The House of Representatives introduced a companion bill. In addition, Senator Charles Schumer (D-NY) introduced a related bill that would grant greater protection to whistleblowers at meat plants and provide stricter policing of foodborne pathogens.

In addition, in the wake of the September 11 terrorist attacks, much attention has focused on the many forms future attacks could take. There is growing concern about the safety of U.S. food supplies - in particular, the importation of meat, which accounts for 10% of the U.S.'s overall meat consumption. The USDA notes that its inspectors are on heightened alert at ports of entry and in food processing plants. At the same time, the agency is researching and developing new security tactics and is in close coordination with other state and federal agencies.

Critics of the USDA have cited the department's lax treatment of foreign meat processing facilities as a cause for alarm. They argue that despite the fact that USDA inspectors visited many Mexican and French plants where diseased and contaminated meat was being packed and shipped to the United States, little has been done to prevent future violations.

Following these concerns, a U.S. House of Representatives Appropriations Subcommittee held a hearing on the USDA's food safety performance record. USDA Undersecretary Elsa Murano insisted that the agency performs its functions well, especially its heightened efforts to prevent bioterrorism from striking our nation's food supply. Responding to recent criticism that imported beef was improperly screened in the past, Murano promised more stringent oversight, including the possibility of dispatching inspectors to Mexico to ensure that meatpackers there are complying with U.S. standards. At the same hearing, Homeland Security Director Tom Ridge noted that the Administration is considering the creation of a single food safety agency that would assume the roles currently divided between twelve government agencies, a position long held by consumer advocate groups.

Back on the domestic front, the General Accounting Office (GAO) recently found that school food illnesses rose by an average of ten percent each year between 1990 and 1999, the last year data was available. The GAO report estimated that 6,000 school children suffered foodborne illnesses in 1999. Most cases involved salmonella bacteria contamination, which can cause vomiting, diarrhea and fever. The GAO reported that most food illnesses at schools were a result of poor food storage, handling or serving practices. The agency, the investigative arm for the U.S. Congress, echoed Tom Ridge's statements by urging "the creation of a single food safety agency with new legislative authority."

Water Security

While the potential for a terrorist attack on public water systems has long been a concern, the post-9/11 climate has forced the government to pay more attention to where water, technology and terror could intersect and how to prevent any future disasters. In February, the Federal Bureau of Investigation (FBI) posted a warning to computer security experts nationwide suggesting the possibility that al-Qaeda terrorists have been examining dams and water-supply systems in the U.S. and abroad in preparation for future attacks. The FBI sent the warning after seizing a computer belonging to an individual indirectly connected to Osama bin Laden. The computer apparently contained engineering and architectural software pertaining to dams and other water infrastructures.

Shortly after this discovery, the U.S. Environmental Protection Agency (EPA) announced the impending formation of a new anti-terrorism working group to address early warning detection and information management in an effort to protect the nation's water supply from terrorist attacks. The agency sought to pull together public and private representatives from industrial, academic and scientific groups to develop procedures for the swift integration of anti-terrorism technologies in water supply systems nationwide.

This year, the EPA will allocate $90 million in federal funds toward wastewater and drinking water security efforts. The agency intends to make grants to large drinking water systems to enable them to complete vulnerability assessments and conduct other security planning. According to BNA's Daily Environment Report, large drinking water systems could be awarded up to $125,000 to $150,000 each for water security activities. In addition, the EPA will provide training and technical assistance for small and medium drinking water and wastewater systems. The EPA hopes to begin awarding the grants this summer.

On the Congressional front, both the House and the Senate recently passed The Public Health Security and Bioterrorism Response Act of 2002, a comprehensive effort to shore up the nation's defenses against a biological attack. At press time, President Bush was expected to sign the measure into law. Among its numerous provisions, the bill requires community water systems serving more than 3,300 people to conduct vulnerability assessments and prepare emergency response plans. These water systems will be required to submit a copy of these documents to the U.S. Environmental Protection Agency (EPA). However, fearing that the plans could serve as a roadmap for those seeking to cause harm, the contents of these documents are expressly exempted from Freedom of Information Act disclosures.

The House of Representatives also passed legislation to enhance the nation's long-range water infrastructure security. In urging passage of the measure, Rep. Sherwood L. Boehlert (R-NY), co-author of the bill, said it has become clear, particularly after the September 11 terrorist attacks, that "while the nation's water infrastructure provides safe and plentiful water to more than 250 million Americans, the system was not built with security from terrorism in mind." The bill provides $60 million over five years for research and development projects to assess potential physical, chemical and cyber-related vulnerabilities of the system; to establish techniques for real time monitoring to detect threats; to develop mitigation, response and recovery methods; and to create mechanisms for information sharing about security issues. Media reports indicate that the Senate is expected to follow suit soon with a bill authorizing a total of $72 million over six years.

Additionally, the House Transportation and Infrastructure Committee approved a $20 billion legislative package to reauthorize the Clean Water Act's State Revolving Loan Fund (SRF) for the next five years. The legislation increases the SRF funding by $1 billion per year (from the current level of $1.35 billion) until it reaches $6 billion in 2007. The bill also would require states to develop a method for prioritizing water infrastructure projects based on water quality benefits and affordability.

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