[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1349 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1349

   To establish the Food Safety and Inspection Agency, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 3 (legislative day, June 30), 1993

 Mr. Durenberger introduced the following bill; which was read twice 
        and referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish the Food Safety and Inspection Agency, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Food Safety and 
Inspection Agency Act of 1993''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
               TITLE I--FOOD SAFETY AND INSPECTION AGENCY

Sec. 101. Establishment.
Sec. 102. Assistant Directors.
Sec. 103. Deputy Assistant Directors.
Sec. 104. Office of the General Counsel.
Sec. 105. Office of the Inspector General.
Sec. 106. Bureau of Food Safety and Inspection Statistics.
Sec. 107. Study of data needs.
Sec. 108. Educational programs.
Sec. 109. Employment restrictions.
Sec. 110. Administrative provisions.
Sec. 111. Inherently governmental functions.
Sec. 112. Conforming amendments.
       TITLE II--TRANSFER OF FOOD SAFETY AND INSPECTION FUNCTIONS

Sec. 201. Transfer and administration of functions.
Sec. 202. Determinations of certain functions.
Sec. 203. Personnel provisions.
Sec. 204. Delegation and assignment.
Sec. 205. Reorganization.
Sec. 206. Rules.
Sec. 207. Transfer and allocations of appropriations and personnel.
Sec. 208. Incidental transfers.
Sec. 209. Effect on personnel.
Sec. 210. Savings provisions.
Sec. 211. Separability.
Sec. 212. Transition.
Sec. 213. References.
Sec. 214. Additional conforming amendments.
          TITLE III--COMMISSION ON FOOD SAFETY AND INSPECTION

Sec. 301. Establishment.
Sec. 302. Membership.
Sec. 303. Uniform food safety and inspection system.
Sec. 304. Powers of the Commission.
Sec. 305. Administrative matters.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Reports.
Sec. 402. Authorization of appropriations.
Sec. 403. Effective date.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Secretary of Agriculture, the Secretary of Health 
        and Human Services, and the Secretary of Commerce regulate food 
        safety and conduct food safety inspections pursuant to 
        different laws and using different regulatory approaches;
            (2) different laws and regulatory approaches, fragmented 
        responsibilities, and separate appropriations have resulted in 
        inconsistent inspections, different enforcement authorities, 
        and duplicative and overlapping efforts; and
            (3) the creation of a single agency to conduct food safety 
        inspections should--
                    (A) increase efficiency by eliminating overlapping 
                and duplicative efforts;
                    (B) eliminate illogical and inconsistent treatment 
                of food products that pose similar risks;
                    (C) avoid problems historically associated with 
                interagency agreements;
                    (D) consolidate Federal food safety appropriations, 
                thus allowing the agency to target food safety 
                resources where the resources are most needed; and
                    (E) reduce administrative costs by eliminating 
                redundant overhead and by realizing economies of scale.
    (b) Purposes.--It is the purpose of this Act to--
            (1) establish a single agency, the Food Safety and 
        Inspection Agency, to regulate food safety and to conduct food 
        safety inspections; and
            (2) transfer food safety and inspection functions to the 
        Agency.

SEC. 3. DEFINITIONS.

    As used in this Act (unless the context clearly requires 
otherwise):
            (1) Agency.--The term ``Agency'' means the Food Safety and 
        Inspection Agency established in section 101(a).
            (2) Director.--The term ``Director'' means the Director of 
        the Agency appointed under section 101(b).
            (3) Federal agency.--The term ``Federal agency'' has the 
        meaning given to the term ``agency'' by section 551(1) of title 
        5, United States Code.
            (4) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (5) Office.--The term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.

               TITLE I--FOOD SAFETY AND INSPECTION AGENCY

SEC. 101. ESTABLISHMENT.

    (a) In General.--The Food Safety and Inspection Agency is 
established as an independent establishment (as defined in section 104 
of title 5, United States Code).
    (b) Director.--
            (1) In general.--There shall be at the head of the Agency a 
        Director of Food Safety and Inspection who shall be appointed 
        by the President, by and with the advice and consent of the 
        Senate. The Agency shall be administered under the supervision 
        and direction of the Director.
            (2) Delegation of supervisory authority.--The Director may 
        not assign duties for or delegate authority for the supervision 
        of the Assistant Directors, the General Counsel, the Associate 
        Director of Food Safety and Inspection Statistics, or the 
        Inspector General of the Agency to any officer of the Agency 
        other than the Deputy Director.
            (3) Delegation of other functions.--Except as described 
        under paragraph (2) and section 102(b)(2) and notwithstanding 
        any other provision of law, the Director may delegate any 
        functions including the making of regulations to such officers 
        and employees of the Agency as the Director may designate, and 
        may authorize such successive redelegations of the functions 
        within the Agency as determined to be necessary or appropriate.
    (c) Deputy Director.--
            (1) In general.--There shall be in the Agency a Deputy 
        Director of Food Safety and Inspection, who shall be appointed 
        by the President, by and with the advice and consent of the 
        Senate.
            (2) Duties.--The Deputy Director shall perform such 
        responsibilities as the Director shall prescribe and shall act 
        as the Director during the absence or disability of the 
        Director or in the event of a vacancy in the position of 
        Director.
    (d) Office of the Director.--The Office of the Director shall 
consist of a Director and a Deputy Director and may include an 
Executive Director and such other executive officers as the Director 
may determine to be necessary.
    (e) Regional Offices.--The Director is authorized to establish, 
alter, discontinue, or maintain such regional or other field offices as 
the Director may determine to be necessary to carry out the functions 
vested in the Director or other officials of the Agency.
    (f) International Responsibilities of the Director.--
            (1) In general.--In addition to exercising other 
        international responsibilities under other provisions of law, 
        the Director is--
                    (A) encouraged to assist the Secretary of State in 
                carrying out the primary responsibilities of the 
                Secretary of State for coordinating, negotiating, 
                implementing and participating in international 
                agreements, including participating in international 
                organizations, relevant to food safety and inspection; 
                and
                    (B) authorized and encouraged to--
                            (i) conduct research on and apply existing 
                        research capabilities to the nature and impacts 
                        of international food safety and inspection 
                        problems and develop responses to the problems; 
                        and
                            (ii) provide technical and other assistance 
                        to foreign countries and international bodies 
                        to improve food safety and inspection.
            (2) Consultation.--The Secretary of State shall consult 
        with the Director and such other persons as the Secretary of 
        State determines to be appropriate on matters referred to in 
        paragraph (1)(A).
    (g) Authority of the Director Within the Agency.--Except as 
otherwise provided in this Act, nothing in this Act--
            (1) authorizes the Director to require any action by any 
        officer of any executive department or agency other than an 
        officer or employee of the Agency, except that this paragraph 
        shall not affect any authority provided for by any other 
        provision of law authorizing the Director to require any such 
        action;
            (2) modifies any Federal law that is administered by any 
        executive department or agency; or
            (3) transfers to the Agency any authority exercised by any 
        other Federal executive department or agency prior to the 
        effective date of this Act, except the food safety and 
        inspection authority exercised by the Secretary of Agriculture, 
        Secretary of Health and Human Services, and the Secretary of 
        Commerce.
    (h) Application to Agency Activities.--This Act applies only to 
activities of the Agency, except as otherwise expressly provided in 
this Act.

SEC. 102. ASSISTANT DIRECTORS.

    (a) Establishment of Positions.--There shall be in the Agency such 
number of Assistant Directors, not to exceed 8, as the Director shall 
determine, each of whom shall be appointed by the President, by and 
with the advice and consent of the Senate.
    (b) Duties.--
            (1) In general.--The Director shall assign to Assistant 
        Directors such duties as the Director considers appropriate, 
        including--
                    (A) food safety;
                    (B) food inspections;
                    (C) enforcement;
                    (D) compliance monitoring;
                    (E) research and development;
                    (F) international affairs;
                    (G) policy, planning, and evaluation;
                    (H) congressional affairs;
                    (I) intergovernmental affairs;
                    (J) public affairs; and
                    (K) administration and resources management, 
                information resources management, procurement and 
                assistance management, and personnel and labor 
                relations.
    (c) Designation of Responsibilities Prior to Confirmation.--
Whenever the President submits the name of an individual to the Senate 
for confirmation as Assistant Director under this section, the 
President shall state the particular duties of the Agency the 
individual shall exercise on taking office.
    (d) Chief Information Resources Officer.--
            (1) In general.--The Director shall designate the Assistant 
        Director whose responsibilities include information resource 
        management functions as required by section 3506 of title 44, 
        United States Code, as the Chief Information Resources Officer 
        of the Agency.
            (2) Duties.--The Chief Information Resources Officer 
        shall--
                    (A) advise the Director on information resource 
                management activities of the Agency as required by 
                section 3506 of title 44, United States Code;
                    (B) develop and maintain an information resources 
                management system for the Agency that provides for--
                            (i) the conduct of and accountability for 
                        any acquisitions made pursuant to a delegation 
                        of authority under section 111 of the Federal 
                        Property and Administrative Services Act of 
                        1949 (40 U.S.C. 759);
                            (ii) the implementation of all applicable 
                        government-wide and Agency information 
                        policies, principles, standards, and guidelines 
                        with respect to information collection, 
                        paperwork reduction, privacy and security of 
                        records, sharing and dissemination of 
                        information, acquisition and use of information 
                        technology, and other information resource 
                        management functions;
                            (iii) the periodic evaluation of and, as 
                        needed, the planning and implementation of 
                        improvements in the accuracy, completeness, and 
                        reliability of data and records contained 
                        within Agency information systems; and
                            (iv) the development and annual revision of 
                        a 5-year plan for meeting the information 
                        technology needs of the Agency; and
                    (C) report to the Director as required under 
                section 3506 of title 44, United States Code.

SEC. 103. DEPUTY ASSISTANT DIRECTORS.

    (a) Establishment of Positions.--There shall be in the Agency such 
number of Deputy Assistant Directors as the Director may determine.
    (b) Appointments.--Each Deputy Assistant Director--
            (1) shall be appointed by the Director; and
            (2) shall perform such functions as the Director shall 
        prescribe.
    (c) Duties.--Duties assigned to an Assistant Director under section 
102(b) may be performed by one or more Deputy Assistant Directors 
appointed to assist the Assistant Director.

SEC. 104. OFFICE OF THE GENERAL COUNSEL.

    (a) In General.--There shall be in the Agency the Office of the 
General Counsel.
    (b) General Counsel.--
            (1) In general.--There shall be at the head of the office a 
        General Counsel who shall be appointed by the President, by and 
        with the advice and consent of the Senate.
            (2) Duties.--The General Counsel shall be the chief legal 
        officer of the Agency and shall provide legal assistance to the 
        Director concerning the programs and policies of the Agency.

SEC. 105. OFFICE OF THE INSPECTOR GENERAL.

    (a) In General.--There shall be in the Agency the Office of the 
Inspector General.
    (b) Inspector General.--
            (1) In general.--There shall be at the head of the office 
        an Inspector General who shall be appointed by the President, 
        by and with the advice and consent of the Senate.
            (2) Duties.--The Inspector General shall carry out such 
        duties and responsibilities, and may exercises such 
        authorities, with respect to the Agency as are provided in the 
        Inspector General Act of 1978 (5 U.S.C. App. 3).

SEC. 106. BUREAU OF FOOD SAFETY AND INSPECTION STATISTICS.

    (a) Establishment.--
            (1) In general.--There is established within the Agency a 
        Bureau of Food Safety and Inspection Statistics.
            (2) Duties.--The Bureau shall be responsible for--
                    (A) compiling, analyzing, and publishing a 
                comprehensive set of food safety and inspection 
                statistics that permit timely summary in the form of 
                industrywide aggregates, multiyear averages, or totals 
                or some similar form and include information on--
                            (i) the nature, source, and quantity of 
                        contaminants in food; and
                            (ii) the effects on the public of the 
                        contaminants;
                    (B) promulgating guidelines for the collection of 
                information by the Agency required for the statistics 
                under this paragraph to ensure that the information is 
                accurate, reliable, relevant, and in a form that 
                permits systematic analysis;
                    (C) coordinating the collection of information by 
                the Agency for developing the statistics with related 
                information-gathering activities conducted by other 
                Federal agencies;
                    (D) making readily accessible the statistics 
                published under this paragraph; and
                    (E) identifying missing information of the kind 
                described under clauses (i) and (ii) of subparagraph 
                (A), reviewing the information needs at least annually, 
                and making recommendations to the appropriate Agency 
                officials concerning extramural and intramural research 
                programs to provide the information.
            (3) Other agencies.--Nothing in paragraph (2) shall 
        authorize the Bureau to require the collection of any data by 
        any other Agency or State or local government. The Bureau shall 
        not duplicate the information collection functions of other 
        Federal agencies.
            (4) Confidentiality.--
                    (A) In general.--Information compiled by the Bureau 
                that has been submitted for purposes of statistical 
                reporting requirements of this Act shall not be 
                disclosed publicly in a manner that would reveal the 
                identity of the submitter, including submissions by 
                Federal, State, or local governments, or reveal the 
                identity of any individual consistent with section 552a 
                of title 5, United States Code.
                    (B) Availability under other provisions of law.--
                This paragraph shall not affect the availability of 
                data provided to the Agency under any other provision 
                of law administered by the Agency.
                    (C) Confidentiality provisions of other laws.--The 
                confidentiality provisions of other laws authorizing 
                the collection of food safety and inspection statistics 
                shall apply to this Act.
            (5) Grant and contract authority for certain activities.--
        The Director may make grants to and enter into contracts with 
        State and local governments, Indian tribes, universities, and 
        other organizations to assist them in meeting the costs of 
        collecting specific data and other short-term activities that 
        are related to the responsibilities and functions under 
        subparagraphs (A) through (D) of paragraph (1).
    (b) Associate Director of Food Safety and Inspection Statistics.--
            (1) In general.--The Bureau shall be under the direction of 
        an Associate Director of Food Safety and Inspection Statistics 
        (referred to in this section as the ``Associate Director'') who 
        shall be appointed by the President, by and with the advice and 
        consent of the Senate.
            (2) Term.--The term of the Associate Director shall be 4 
        years.
            (3) Qualifications.--The Associate Director shall be a 
        qualified individual with experience in the compilation and 
        analysis of food safety and inspection statistics.
            (4) Reporting.--The Associate Director shall report 
        directly to the Director.
    (c) Annual Report.--On July 1, 1995, and each July 1 thereafter, 
the Associate Director shall submit to the President a Food Safety and 
Inspection Statistics Annual Report (referred to in this subsection as 
the ``Report''). The Report shall include--
            (1) statistics on food safety and inspections;
            (2) statistics on the effects of changes in food safety;
            (3) documentation of the method used to obtain and ensure 
        the quality of the statistics presented in the Report;
            (4) economic information on the current and projected costs 
        and benefits of food safety and inspections; and
            (5) recommendations on improving food safety and inspection 
        statistical information.
    (d) Continuing Performance of the Functions of the Associate 
Director Pending Confirmation.--An individual who, on the effective 
date of this Act, is performing any of the functions required by this 
section to be performed by the Associate Director may continue to 
perform the functions until the functions are assigned to an individual 
appointed as the Associate Director under this Act.
    (e) Advisory Council on Food Safety and Inspection Statistics.--
            (1) In general.--The Associate Director shall appoint an 
        Advisory Council on Food Safety and Inspection Statistics, 
        comprised of no more than 6 private citizens who have expertise 
        in food safety and inspection statistics and analysis, who are 
        equally representative of agricultural, food processing, and 
        consumer interests, to advise the Associate Director on food 
        safety and inspection statistics and analyses, including 
        whether the statistics and analyses disseminated by the Bureau 
        are of high quality and are based on the best available 
        objective information.
            (2) Federal advisory committee act.--The Council shall be 
        subject to the provisions of the Federal Advisory Committee Act 
        (5 U.S.C. App. 2).
    (f) Educational Programs.--
            (1) Establishment.--The Director shall, in cooperation with 
        State health agencies, establish public education programs.
            (2) Content.--The public education programs shall 
        disseminate information to the public, through the State health 
        agencies, about food safety, including--
                    (A) food-borne diseases;
                    (B) safe selection of food; and
                    (C) safe preparation of food.

SEC. 107. STUDY OF DATA NEEDS.

    (a) Agreement.--Not later than 1 year after the start of operations 
of the Bureau of Food Safety and Inspection Statistics, the Director, 
in consultation with the Associate Director of Food Safety and 
Inspection and the Assistant Director designated as Chief Information 
Resources Officer, shall enter into an agreement with the National 
Academy of Sciences for a study, evaluation, and report on the adequacy 
of the data collection procedures and capabilities of the Agency.
    (b) Report.--
            (1) In general.--Not later than 18 months after an 
        agreement is entered into with the National Academy of 
        Sciences, the National Academy of Sciences shall report the 
        findings of the Academy to Congress and the Director.
            (2) Components.--The report shall include an evaluation of 
        the data collection resources, needs, and requirements of the 
        Agency, and shall include an assessment and evaluation of the 
        following systems, capabilities, and procedures established by 
        the Agency to meet the needs and requirements:
                    (A) Data collection procedures and capabilities.
                    (B) Data analysis procedures and capabilities.
                    (C) The ability of data bases to integrate with one 
                another.
                    (D) Computer hardware and software capabilities.
                    (E) Management information systems, including the 
                ability of management information systems to integrate 
                with another.
                    (F) Agency personnel.
                    (G) The budgetary needs and resources of the Agency 
                for data collection, including an assessment of the 
                adequacy of the budgetary resources provided to the 
                Agency and budgetary resources used by the Agency for 
                data collection needs and purposes.
            (3) Recommendations.--The report shall include 
        recommendations for improving the data collection systems, 
        capabilities, procedures, data collection, analytical hardware 
        and software, and management information systems of the Agency.

SEC. 108. EDUCATIONAL PROGRAMS.

    (a) Establishment.--The Director shall, in cooperation with State 
health agencies, establish public education programs.
    (b) Content.--The public education programs shall disseminate 
information to the public, through the State health agencies, about 
food safety, including--
            (1) food-borne diseases;
            (2) safe selection of food; and
            (3) safe preparation of food.

SEC. 109. EMPLOYMENT RESTRICTIONS.

    Except as otherwise provided in this Act, political affiliation or 
political qualification may not be taken into account in connection 
with the appointment of any person to any position in the career civil 
service or in the assignment or advancement of any career civil servant 
in the Agency.

SEC. 110. ADMINISTRATIVE PROVISIONS.

    (a) Acceptance of Money and Property.--
            (1) In general.--The Director may accept and retain money, 
        uncompensated services, and other real and personal property or 
        rights (whether by gift, bequest, devise, or otherwise) for the 
        purpose of carrying out the programs and activities of the 
        Agency, except that the Director may not endorse any company, 
        product, organization, or service.
            (2) Credit and disbursement.--Gifts, bequests, and devises 
        of money and proceeds from sales of other property received as 
        gifts, bequests, or devises shall be credited to a separate 
        fund in the Treasury of the United States and shall be 
        available for disbursement on the order of the Director.
            (3) Criteria.--
                    (A) In general.--The Director shall prescribe 
                regulations and guidelines setting forth the criteria 
                the Agency shall use in determining whether to accept a 
                gift, bequest, or devise.
                    (B) Factors.--The criteria shall take into account 
                whether the acceptance of the property would reflect 
                unfavorably on the ability of the Agency or an employee 
                to carry out the official duties of the Agency or 
                employee in a fair and objective manner, or would 
                compromise the integrity of or the appearance of the 
                integrity of a Government program or any official 
                involved in the program.
    (b) Seal of the Agency.--
            (1) In general.--The Director shall cause a seal for the 
        Agency to be made with such design as the Director shall 
        approve.
            (2) Penalties for unauthorized use of seal.--
                    (A) In general.--Chapter 33 of title 18, United 
                States Code, is amended by adding at the end the 
                following new section:
``Sec. 716. Food Safety and Inspection Agency Seal
    ``(a) Whoever knowingly displays any printed or other likeness of 
the official seal of the Food Safety and Inspection Agency, or any 
facsimile thereof, in, or in connection with, any advertisement, 
poster, circular, book, pamphlet, or other publication, public meeting, 
play, motion picture, telecast, or other production, or on any 
building, monument, or stationery, for the purpose of conveying, or in 
a manner reasonably calculated to convey, a false impression of 
sponsorship or approval by the Government of the United States or by 
any department, agency, or instrumentality thereof, shall be fined not 
more than $250 or imprisoned not more than 6 months, or both.
    ``(b) Whoever, except as authorized under regulations promulgated 
by the Director of Food Safety and Inspection and published in the 
Federal Register, knowingly manufactures, reproduces, sells, or 
purchases for resale, either separately or appended to any article 
manufactured or sold, any likeness of the official seal of the Food 
Safety and Inspection Agency, or any substantial part thereof, except 
for manufacture or sale of the article for the official use of the 
Government of the United States, shall be fined not more than $250 or 
imprisoned not more than 6 months, or both.
    ``(c) A violation of subsection (a) or (b) may be enjoined at the 
suit of the Attorney General of the United States on complaint by any 
authorized representative of the Director of Food Safety and 
Inspection.''.
                    (B) Conforming amendment.--The table of sections 
                for chapter 33 of title 18, United States Code, is 
                amended by adding at the end the following new item:

``716. Food Safety and Inspection Agency Seal.''.
    (c) Acquisition of Copyrights and Patents.--The Director is 
authorized to acquire any of the following described rights if the 
property acquired is for use by or for, or useful to, the Agency:
            (1) Copyrights, patents, and applications for patents, 
        designs, processes, and manufacturing data.
            (2) Licenses under copyrights, patents, and applications 
        for patents.
            (3) Releases, before suit is brought, for past infringement 
        of patents or copyrights.
    (d) Advisory Committee Compensation.--The Director is authorized to 
pay members of advisory committees and others who perform services as 
authorized under section 3109 of title 5, United States Code, at rates 
for individuals not to exceed the per diem rate equivalent to the rate 
for level V of the Executive Schedule under section 5316 of title 5, 
United States Code.

SEC. 111. INHERENTLY GOVERNMENTAL FUNCTIONS.

    (a) Definitions.--As used in this section:
            (1) Consulting services.--The term ``consulting services'' 
        includes--
                    (A) management and professional support services;
                    (B) studies, analyses, and evaluations;
                    (C) engineering and technical services, excluding 
                routine engineering services, such as automated data 
                processing and architect and engineering contracts; and
                    (D) research and development.
            (2) Inherently governmental function.--The term 
        ``inherently governmental function'' means any activity that is 
        so intimately related to the public interest as to mandate 
        performance by a Government officer or employee, including an 
        activity that requires the exercise of discretion in applying 
        Government authority or the use of value judgment in making a 
        decision for the Government.
    (b) Government Officers and Employees.--
            (1) In general.--An inherently governmental function of the 
        Agency shall be performed only by an officer or employee of the 
        United States.
            (2) Construction.--This subsection is not intended, and may 
        not be construed, to create any right or benefit, substantive 
        or procedural, enforceable at law by a party against the United 
        States, the Agency, an officer or employee of the Agency, or 
        any person.
            (3) Regulations.--The Director shall promulgate regulations 
        or internal guidelines to carry out this subsection.
    (c) Conflicts of Interest.--
            (1) In general.--The Director shall by regulation require 
        any person proposing to enter into a contract, grant, or 
        cooperative agreement whether by sealed bid or negotiation, for 
        the conduct of research, development, evaluation activities, or 
        for consulting services, to provide the Director, prior to 
        entering into any such contract, agreement, or arrangement, 
        with all relevant information, as determined by the Director, 
        bearing on whether the person has a possible conflict of 
        interest with respect to--
                    (A) being able to render impartial, technically 
                sound, or objective assistance or advice in light of 
                other activities or relationships with other persons; 
                or
                    (B) being given an unfair competitive advantage.
            (2) Subcontractors.--The person shall ensure, in accordance 
        with regulations prescribed by the Director, compliance with 
        this section by subcontractors of the person who are engaged to 
        perform similar services.
    (d) Affirmative Finding; Conflicts of Interest That Cannot Be 
Avoided; Mitigation of Conflicts.--
            (1) In general.--Subject to paragraph (2), the Director may 
        not enter into a contract, agreement, or arrangement described 
        in subsection (c), unless the Director affirmatively finds, 
        after evaluating all the information and any other relevant 
        information otherwise available to the Director, that--
                    (A) there is little or no likelihood that a 
                conflict of interest would exist; or
                    (B) the conflict has been avoided after appropriate 
                conditions have been included in the contract, 
                agreement, or arrangement.
            (2) Mitigating conditions.--If the Director determines that 
        a conflict of interest exists and that the conflict of interest 
        cannot be avoided by including appropriate conditions in the 
        contract, agreement, or arrangement, the Director may enter 
        into the contract, agreement, or arrangement, if the Director--
                    (A) determines that it is in the best interests of 
                the United States; and
                    (B) includes appropriate conditions in the 
                contract, agreement, or arrangement to mitigate the 
                conflict.
    (e) Public Notice Regarding Conflicts of Interest.--The Director 
shall promulgate regulations that require public notice to be given 
whenever the Director determines that the award of a contract, 
agreement, or arrangement may result in a conflict of interest that 
cannot be avoided by including appropriate conditions in the contract, 
agreement, or arrangement.
    (f) Disclaimer.--Nothing in this section shall preclude the Agency 
from promulgating regulations to monitor potential conflicts after a 
contract award.
    (g) Central File.--
            (1) In general.--The Director shall maintain a central file 
        regarding all cases when a public notice is issued.
            (2) Other information.--The Director shall also compile 
        other information required under this section.
            (3) Confidentiality.--Access to the information described 
        in this subsection shall be controlled to safeguard any 
        proprietary information.
    (h) Regulations.--No later than 120 days after the effective date 
of this Act, the Director shall promulgate regulations for the 
implementation of this section.

SEC. 112. CONFORMING AMENDMENTS.

    (a) Compensation, Level II.--Section 5313 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Director of Food Safety and Inspection.''.
    (b) Compensation, Level III.--Section 5314 of title 5, United 
States Code, is amended by adding at the end the following:
            ``Deputy Director of Food Safety and Inspection.''.
    (c) Compensation, Level IV.--Section 5315 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Inspector General, Food Safety and Inspection Agency.
            ``Assistant Directors, Food Safety and Inspection Agency 
        (12).
            ``General Counsel, Food Safety and Inspection Agency.
            ``Chief Financial Officer, Food Safety and Inspection 
        Agency.''.
    (d) Compensation, Level V.--Section 5316 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Associate Director of the Bureau of Environmental 
        Statistics, Food Safety and Inspection Agency.''.
    (e) Inspector General Act.--Section 11 of the Inspector General Act 
of 1978 (5 U.S.C. App. 3) is amended--
            (1) in paragraph (1), by inserting before ``; as the case 
        may be'' the following: ``; the Director of Food Safety and 
        Inspection''; and
            (2) in paragraph (2)--
                    (A) by striking ``Agency or'' and inserting 
                ``Agency,''; and
                    (B) by inserting before ``; as the case may be'' 
                the following: ``, or the Food Safety and Inspection 
                Agency''.

       TITLE II--TRANSFER OF FOOD SAFETY AND INSPECTION FUNCTIONS

SEC. 201. TRANSFER AND ADMINISTRATION OF FUNCTIONS.

    (a) Transfer.--There are transferred to the Agency all functions 
exercised before the effective date of this Act (including all related 
functions of any officer or employee) of or relating to food safety and 
inspection carried out by--
            (1) the Secretary of Agriculture, including food safety and 
        inspection functions carried out under--
                    (A) the Agricultural Marketing Act of 1946 (7 
                U.S.C. 1621 et seq.);
                    (B) the Egg Products Inspection Act (21 U.S.C. 1031 
                et seq.);
                    (C) the Federal Meat Inspection Act (21 U.S.C. 601 
                et seq.);
                    (D) the Poultry Products Inspection Act (21 U.S.C. 
                451 et seq.); and
                    (E) the United States Grain Standards Act (7 U.S.C. 
                71 et seq.).
            (2) the Secretary of Health and Human Services, including 
        food safety and inspection functions carried out under the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
            (3) the Secretary of Commerce, including food safety and 
        inspection functions relating to seafood and seafood products; 
        and
            (4) the Secretary of the Interior, including food safety 
        and inspection functions carried out under the Fish and 
        Wildlife Act of 1956 (16 U.S.C. 742a et seq.).
    (b) Administration.--Notwithstanding any other provision of law, in 
carrying out the functions transferred by subsection (a), the Director 
shall, to the maximum extent practicable--
            (1) conduct inspections that are based on the health risk 
        inherent in the commodity, the processing operation, and the 
        record of compliance with Federal food safety laws; and
            (2) take such actions as are necessary for effective 
        oversight and enforcement of the laws.

SEC. 202. DETERMINATIONS OF CERTAIN FUNCTIONS.

    If necessary, the Director of the Office of Management and Budget 
shall, after thorough consultation with the appropriate Committees of 
the House and Senate, make a determination of the functions that are 
transferred under this title.

SEC. 203. PERSONNEL PROVISIONS.

    (a) Appointments.--
            (1) In general.--The Director may appoint and fix the 
        compensation of such officers and employees (including 
        investigators, attorneys, and administrative law judges) as may 
        be necessary to carry out the respective functions transferred 
        under this title.
            (2) Civil service.--Except as otherwise provided by law, 
        the officers and employees shall be appointed in accordance 
        with the civil service laws and the compensation of the 
        officers and employees fixed in accordance with title 5, United 
        States Code.
    (b) Experts and Consultants.--
            (1) In general.--To carry out this title, the Director may 
        obtain the services of experts and consultants in accordance 
        with section 3109 of title 5, United States Code, and 
        compensate the experts and consultants for each day (including 
        travel time) at rates not in excess of the rate of pay for 
        level IV of the Executive Schedule under section 5315 of such 
        title.
            (2) Travel expenses.--To carry out this title, the Director 
        may pay experts and consultants who are serving away from their 
        homes or regular places of business travel expenses and a per 
        diem in lieu of subsistence at rates authorized by sections 
        5702 and 5703 of such title for persons in Government service 
        employed intermittently.

SEC. 204. DELEGATION AND ASSIGNMENT.

    (a) In General.--Unless otherwise expressly prohibited by law or 
otherwise provided by this Act, the Director may delegate any of the 
functions transferred by this title, and any function transferred or 
granted after the effective date of this Act, to such officers and 
employees of the Agency as the Director may designate, and may 
authorize successive redelegations of the functions as may be necessary 
or appropriate.
    (b) Continuing Responsibility.--No delegation of functions by the 
Director under this section or under any other provision of this Act is 
intended to relieve the Director of responsibility for the 
administration of the functions.

SEC. 205. REORGANIZATION.

    The Director is authorized to allocate or reallocate any function 
transferred under this title among the officers of the Agency, and to 
establish, consolidate, alter, or discontinue such organizational 
entities in the Agency as may be necessary or appropriate.

SEC. 206. RULES.

    The Director is authorized to prescribe, in accordance with 
chapters 5 and 6 of title 5, United States Code, such rules and 
regulations as the Director determines to be necessary or appropriate 
to administer and manage the functions of the Agency.

SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--Except as otherwise provided in this title, the 
personnel employed in connection with, and the assets, liabilities, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds employed, 
used, held, arising from, available to, or to be made available in 
connection with functions transferred by this title, subject to section 
1531 of title 31, United States Code, shall be transferred in 
accordance with this title.
    (b) Use of Funds.--Unexpended funds transferred pursuant to this 
section shall be used only for the purposes for which the funds were 
originally authorized and appropriated.

SEC. 208. INCIDENTAL TRANSFERS.

    (a) In General.--The Director of the Office of Management and 
Budget, at such time as the Director shall provide, is authorized to 
make such determinations as may be necessary with regard to the 
functions transferred by this title, and to make such additional 
incidental dispositions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds held, 
used, arising from, available to, or to be made available in connection 
with the functions, as may be necessary to carry out this title.
    (b) Termination of Affairs.--The Director of the Office of 
Management and Budget shall provide for the termination of the affairs 
of all entities terminated by this title and for such further measures 
and dispositions as may be necessary to effectuate the purposes of this 
title.

SEC. 209. EFFECT ON PERSONNEL.

    (a) In General.--Except as otherwise provided by this title, the 
transfer pursuant to this title of full-time personnel (except special 
Government employees) and part-time personnel holding permanent 
positions is not intended to cause any such employee to be separated or 
reduced in grade or compensation for 1 year after the date of transfer 
of the employee under this title.
    (b) Executive Schedule Positions.--Except as otherwise provided in 
this title, any person who, on the day preceding the effective date of 
this Act, held a position compensated in accordance with the Executive 
Schedule prescribed in chapter 53 of title 5, United States Code, and 
who, without a break in service, is appointed in the Agency to a 
position having duties comparable to the duties performed immediately 
preceding the appointment shall continue to be compensated in the new 
position at not less than the rate provided for the previous position, 
for the duration of the service of the person in the new position.
    (c) Termination of Certain Positions.--A position with an incumbent 
who is appointed by the President, by and with the advice and consent 
of the Senate, the functions of which are transferred by this title, 
shall terminate on the effective date of this Act.

SEC. 210. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--An order, determination, 
rule, regulation, permit, agreement, grant, contract, certificate, 
license, registration, privilege, or other administrative action--
            (1) that has been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official of a Federal agency, or by a court of competent 
        jurisdiction, in the performance of functions that are 
        transferred under this title; and
            (2) that is in effect at the time this Act takes effect, or 
        was final before the effective date of this Act and is to 
        become effective on or after the effective date of this Act,
shall continue in effect according to the terms of the action until 
modified, terminated, superseded, set aside, or revoked in accordance 
with law by the President, the Director or other authorized official, a 
court of competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--
            (1) In general.--This title shall not affect any proceeding 
        (including a notice of proposed rulemaking) or any application 
        for any license, permit, certificate, or financial assistance 
        pending before a transferred office on the effective date of 
        this Act, with respect to functions transferred by this title. 
        The proceeding and application shall be continued.
            (2) Orders.--An order shall be issued in the proceeding, an 
        appeal shall be taken from the order, and a payment shall be 
        made pursuant to the order, as if this Act had not been 
        enacted. An order issued in the proceeding shall continue in 
        effect until modified, terminated, superseded, or revoked by a 
        duly authorized official, by a court of competent jurisdiction, 
        or by operation of law.
            (3) Discontinuance or modification.--Nothing in this 
        subsection is intended to prohibit the discontinuance or 
        modification of any such proceeding under the same terms and 
        conditions and to the same extent as the proceeding could have 
        been discontinued or modified if this Act had not been enacted.
    (c) Suits Not Affected.--This Act shall not affect a suit commenced 
before the effective date of this Act. In the suit, a proceeding shall 
be had, an appeal taken, and a judgment rendered in the same manner and 
with the same effect as if this Act had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against a transferred office, or by or against any 
individual in the official capacity of the individual as an officer of 
a transferred office, shall abate by reason of the enactment of this 
Act.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by a transferred office relating to a 
function transferred under this title may be continued by the Agency 
with the same effect as if this Act had not been enacted.

SEC. 211. SEPARABILITY.

    If a provision of this Act or the application of this Act to any 
person or circumstance is held invalid, neither the remainder of this 
Act nor the application of the provision to other persons or 
circumstances shall be affected.

SEC. 212. TRANSITION.

    The Director is authorized to utilize--
            (1) the services of the officers, employees, and other 
        personnel of a transferred office with respect to functions 
        transferred by this title; and
            (2) funds appropriated to the functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this Act.

SEC. 213. REFERENCES.

    Each reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or relating 
to--
            (1) the head of a transferred office with regard to 
        functions transferred under this title shall be deemed to refer 
        to the Director; and
            (2) a transferred office with regard to functions 
        transferred under this title shall be deemed to refer to the 
        Agency.

SEC. 214. ADDITIONAL CONFORMING AMENDMENTS.

    Not later than 180 days after the effective date of this Act, if 
the Director determines (after consultation with the appropriate 
committees of Congress and the Director of the Office of Management and 
Budget) that additional technical and conforming amendments to Federal 
statutes are necessary to carry out the changes made by this Act, the 
Director shall prepare and submit to Congress recommended legislation 
containing the amendments.

          TITLE III--COMMISSION ON FOOD SAFETY AND INSPECTION

SEC. 301. ESTABLISHMENT.

    There is established a Commission to be known as the Commission on 
Food Safety and Inspection (referred to in this title as the 
``Commission'').

SEC. 302. MEMBERSHIP.

    (a) Composition.--
            (1) General membership.--The Commission shall be composed 
        of 15 members appointed by the President, of whom--
                    (A) 5 shall be representatives of food processing 
                organizations;
                    (B) 5 shall be representatives of agriculture 
                organizations; and
                    (C) 5 shall be representatives of nongovernmental 
                consumer organizations.
            (2) Ex-officio members.--The Secretaries of Agriculture, 
        Commerce, and Health and Human Services shall serve as ex-
        officio, nonvoting members of the Commission.
            (3) Chairperson.--The Director shall serve as the 
        Chairperson of the Commission.
    (b) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect the powers of the Commission, and shall be filled in the same 
manner as the original appointment.

SEC. 303. UNIFORM FOOD SAFETY AND INSPECTION SYSTEM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall develop and prepare a uniform system 
of risk-based food safety and inspection.
    (b) Submission to Congress.--Upon completion of the uniform system, 
the Commission shall, for the purpose of receiving comments and 
recommendations----
            (1) submit copies of the uniform system to the Committees 
        on Agriculture, Nutrition, and Forestry and Labor and Human 
        Resources of the Senate and the Committees on Agriculture and 
        Energy and Commerce of the House of Representatives; and
            (2) make copies available to the public.
    (c) Public Comment.--The Commission shall hold a hearing to solicit 
public comments on the draft uniform system.
    (d) Final Draft.--Not later than 180 days after submission of the 
draft uniform system to the Committees specified in subsection (b)(1), 
the Commission shall prepare a final draft of the uniform system of 
food safety and inspection, taking into account comments received under 
subsections (b) and (c).

SEC. 304. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out the 
purposes of this title.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this title. Upon request of 
the Chairman of the Commission, the head of the department or agency 
shall furnish the information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.

SEC. 305. ADMINISTRATIVE MATTERS.

    (a) Compensation.--
            (1) In general.--Subject to paragraph (2), members of the 
        Commission shall serve without compensation.
            (2) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of services for the Commission.
    (b) Staff.--
            (1) In general.--The Chairperson of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate the employment of an executive director 
        and such other additional personnel as may be necessary to 
        enable the Commission to perform the duties of the Commission. 
        The employment of an executive director shall be subject to 
        confirmation by the Commission.
            (2) Compensation.--The Chairperson of the Commission may 
        fix the compensation of the executive director and other 
        personnel without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of title 5, United States Code, 
        relating to classification of positions and General Schedule 
        pay rates, except that the rate of pay for the executive 
        director and other personnel may not exceed the rate payable 
        for level V of the Executive Schedule under section 5316 of 
        such title.
    (c) Detail of Government Employees.--A Federal Government employee 
may be detailed to the Commission without reimbursement. The detail 
shall be without interruption or loss of civil service status or 
privilege.
    (d) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals that do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title.
    (e) Termination.--The Commission shall terminate 30 days after the 
date on which the Commission completes the final draft of the uniform 
food safety and inspection system under section 303(d).

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. REPORTS.

    On the date that is 1 year after the date of the enactment of this 
Act, and 3 years thereafter, the Director shall report to Congress on 
the estimated additional cost of implementing this Act over the cost as 
if this Act had not been implemented.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act and the amendments made by this Act.

SEC. 403. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall become effective on the earlier 
of--
            (1) such date during the 180-day period beginning on the 
        date of enactment of this Act as the President may direct in an 
        Executive order; or
            (2) the date that is 180 days after the date of the 
        enactment of this Act.
    (b) Commission.--Title III shall become effective on the date of 
enactment of this Act.

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