[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1750 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1750

    To transfer certain food safety and inspection functions to the 
 Consumer Product Safety Commission, to establish an Office of Public 
Liaison, and to require the development of certain plans, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 20 (legislative day, November 2), 1993

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

_______________________________________________________________________

                                 A BILL


 
    To transfer certain food safety and inspection functions to the 
 Consumer Product Safety Commission, to establish an Office of Public 
Liaison, and to require the development of certain plans, 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 Reform 
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.
Sec. 3. Purposes.
Sec. 4. Definitions.
       TITLE I--TRANSFER OF FOOD SAFETY AND INSPECTION FUNCTIONS

Sec. 101. Transfer of food safety functions to the Consumer Product 
                            Safety Commission.
Sec. 102. Personnel provisions.
Sec. 103. Delegation and assignment.
Sec. 104. Reorganization.
Sec. 105. Rules.
Sec. 106. Transfer and allocations of appropriations and personnel.
Sec. 107. Location of personnel.
Sec. 108. Determination of certain functions and incidental transfers.
Sec. 109. Effect on personnel.
Sec. 110. Savings provisions.
Sec. 111. Separability.
Sec. 112. Transition.
Sec. 113. References.
Sec. 114. Conforming amendments.
     TITLE II--SPECIFIC FUNCTIONS OF THE COMMISSION AFTER TRANSFER

Sec. 201. Appointment of an Executive Director for safety.
Sec. 202. Preparation of a memorandum of understanding.
Sec. 203. Plans.
              TITLE III--ESTABLISHMENT OF A LIAISON OFFICE

Sec. 301. Establishment of the Office of Public Health Liaison.
                      TITLE IV--GENERAL PROVISIONS

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

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) American consumers are entitled to a safe supply of 
        food, which requires no more than reasonable and proper care to 
        maintain its wholesomeness;
            (2) the United States Government's system for ensuring food 
        safety is outdated, is fragmented, and is not yielding a level 
        of wholesomeness commensurate with the resources being devoted 
        to the system;
            (3) American consumers' confidence in their food supply is 
        undermined by the condition of their Government's food safety 
        regulatory system;
            (4) demographic changes in the United States will increase 
        the threat of foodborne diseases to a growing number of 
        American consumers;
            (5) the paramount priority of the food safety system is 
        human health;
            (6) the paramount interests to be protected by the food 
        safety system are the interests of the American consumer;
            (7) the food safety system has not responded to the 
        presence of new contaminants and new modes of transmission of 
        infection;
            (8) food safety regulators have not adequately taken 
        advantage of potential innovations in food inspection 
        techniques;
            (9) food safety regulators have not developed a 
        sufficiently reliable, independently verified scientific basis 
        for modernization of the food safety system;
            (10) as currently constituted, the United States food 
        safety system is not capable of responding to food safety 
        challenges in a coordinated, comprehensive and efficient 
        manner; and
            (11) the purposes of this Act can be satisfactorily 
        achieved without the physical relocation of entities and 
        personnel currently constituting the United States food safety 
        system.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) consolidate fragmented Federal authority for inspection 
        and regulation of the United States food supply under the 
        Consumer Product Safety Commission;
            (2) focus the food safety and inspection system of the 
        United States on the needs of the American consumer;
            (3) make public health the primary criterion in the 
        evaluation of the United States food safety and inspection 
        system;
            (4) provide for coordinated, efficient modernization of the 
        system; and
            (5) improve cooperation among Federal, State, and local 
        agencies involved in ensuring food safety and public health.

SEC. 4. DEFINITIONS.

    As used in this Act (unless the context clearly requires 
otherwise):
            (1) Chairman.--The term ``Chairman'' means the Chairman of 
        the Consumer Product Safety Commission.
            (2) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (3) Federal agency.--The term ``Federal agency'' has the 
        meaning given 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, department, institute, unit, 
        organizational entity, or component thereof.

       TITLE I--TRANSFER OF FOOD SAFETY AND INSPECTION FUNCTIONS

SEC. 101. TRANSFER OF FOOD SAFETY FUNCTIONS TO THE CONSUMER PRODUCT 
              SAFETY COMMISSION.

    (a) In General.--There are transferred to the Commission all 
functions exercised before the effective date of this Act (including 
all related functions of any office or employee) of or relating to food 
safety and inspection carried out by--
            (1) the Secretary of Agriculture or the Department of 
        Agriculture under--
                    (A) the Agricultural Marketing Act of 1946 (7 
                U.S.C. 1621 et seq.);
                    (B) the Agricultural Adjustment Act (7 U.S.C. 601 
                et seq.) reenacted with amendments by the Agricultural 
                Marketing Agreement Act of 1937;
                    (C) the Egg Products Inspection Act (21 U.S.C. 1031 
                et seq.); and
                    (D) the Poultry Products Inspection Act (21 U.S.C. 
                451 et seq.);
            (2) the Secretary of the Interior or Department of the 
        Interior, or the Secretary of Commerce or the Department of 
        Commerce under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 
        et seq.);
            (3) the Commissioner of Food and Drugs and the Secretary of 
        Agriculture under the Federal Anti-Tampering Act (18 U.S.C. 
        1365 et seq.);
            (4) the Administrator of the Environmental Protection 
        Agency or the Environmental Protection Agency under--
                    (A) title 14 of the Public Health Service Act, 
                commonly known as the ``Safe Drinking Water Act'' (42 
                U.S.C. 300f et seq.); and
                    (B) section 408 of the Federal Food, Drug and 
                Cosmetic Act (21 U.S.C. 346a), and related provisions 
                of law;
            (5) the Secretary of Commerce or the Department of Commerce 
        under the Magnuson Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.); and
            (6) the Secretary of Health and Human Services or the 
        Department of Health and Human Services under--
                    (A) the Import Milk Act (21 U.S.C. 141 et seq.);
                    (B) section 412 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 350a), and related provisions 
                of law; and
                    (C) the provisions of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 321 et seq.) respecting--
                            (i) labeling of foods; and
                            (ii) setting standards of identity, 
                        quality, and fill of container for food 
                        products.
    (b) Performance of Transferred Functions.--The Commission shall 
carry out the functions transferred under subsection (a).

SEC. 102. PERSONNEL PROVISIONS.

    (a) Appointments.--
            (1) In general.--The Chairman 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 Chairman 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 Chairman 
        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. 103. DELEGATION AND ASSIGNMENT.

    (a) In General.--Unless otherwise expressly prohibited by law or 
otherwise provided by this Act, the Chairman 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 Commission as the Chairman 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 
Chairman under this section or under any other provision of this Act is 
intended to relieve the Chairman of responsibility for the 
administration of the functions.

SEC. 104. REORGANIZATION.

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

SEC. 105. RULES.

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

SEC. 106. 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. 107. LOCATION OF PERSONNEL.

    During the fiscal year in which this Act is enacted, the Chairman 
shall enter into a lease agreement with the head of each transferred 
agency for the provision, by each such agency, of space and support 
services for personnel who are transferred under this Act.

SEC. 108. DETERMINATION OF CERTAIN FUNCTIONS AND 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 of which all functions are transferred by this title 
and for such further measures and dispositions as may be necessary to 
effectuate the purposes of this title.

SEC. 109. EFFECT ON PERSONNEL.

    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.

SEC. 110. 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, an official of a Federal agency 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 
Commission with the same effect as if this Act had not been enacted.

SEC. 111. 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. 112. TRANSITION.

    The Chairman 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. 113. 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 Chairman; and
            (2) a transferred office with regard to functions 
        transferred under this title shall be deemed to refer to the 
        Commission.

SEC. 114. CONFORMING AMENDMENTS.

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

     TITLE II--SPECIFIC FUNCTIONS OF THE COMMISSION AFTER TRANSFER

SEC. 201. APPOINTMENT OF AN EXECUTIVE DIRECTOR FOR SAFETY.

    (a) In General.--There is established in the Commission the 
position of an Executive Director of Food Safety, who shall be 
appointed by the Chairman.
    (b) Duties.--The Executive Director of Food Safety shall perform 
such responsibilities as the Chairman shall prescribe.
    (c) Compensation.--The Executive Director of Food Safety shall be 
compensated at a rate of pay fixed by the Chairman.

SEC. 202. PREPARATION OF MEMORANDUM OF UNDERSTANDING.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Chairman shall enter into a separate 
memorandum of understanding with each of the following to carry out the 
objectives described in subsection (b):
            (1) The Secretary of Health and Human Services.
            (2) The Administrator of the Occupational Safety and Health 
        Administration.
            (3) The Secretary of Commerce.
            (4) The Secretary of Defense.
            (5) Executive officers of State health departments.
            (6) The head of any other governmental entity as determined 
        necessary by the Chairman.
    (b) Objectives.--The Chairman and each entity that enters into a 
memorandum of understanding under subsection (a) shall carry out the 
following objectives, respecting food safety and inspection:
            (1) Regular exchange of food safety and inspection 
        information and scientific data among entities under a 
        memorandum of understanding.
            (2) Full access, on demand by an entity under the 
        memorandum of another entity that entered into the memorandum, 
        to all information and scientific data required under this Act.
            (3) Ensuring the best reasonable safety for government and 
        private employees involved in the production, shipping, 
        processing, inspection, or any other function of the food 
        production process.
            (4) Conducting interagency regulation of food processing 
        and production in the most comprehensive and consistent manner.

SEC. 203. PLANS.

    (a) Preparation and Submission of a Database Plan.--Not later than 
1 year from the date of enactment of this Act, the Chairman shall 
prepare and submit to the appropriate committees of the Senate and the 
House of Representatives a plan for the development of a comprehensive 
nationwide food safety database and surveillance system. The 
surveillance system developed under the plan shall include--
            (1) a determination of infectious doses of common foodborne 
        pathogens for all potential patient populations;
            (2) public health protocols to standardize and improve the 
        reporting of outbreaks of foodborne illness by local public 
        health authorities to the Centers for Disease Control; and
            (3) such other requirements the Chairman determines 
        necessary.
    (b) Preparation and Submission of a Technique Plan.--Not later than 
1 year from the date of enactment of this Act, the Chairman shall 
prepare and submit to the appropriate committees of the Senate and the 
House of Representatives, a plan for the innovation and implementation 
of food safety and inspection techniques, including techniques of 
hazard analysis of critical control points, rapid pathogen detection, 
trace-back technology, irradiation of foods, and such other techniques 
the Chairman determines necessary.

              TITLE III--ESTABLISHMENT OF A LIAISON OFFICE

SEC. 301. ESTABLISHMENT OF THE OFFICE OF PUBLIC HEALTH LIAISON.

    (a) In General.--There is established within the Commission an 
Office of Public Liaison.
    (b) Functions.--The Office of Public Liaison shall provide 
information and advice, with respect to food safety and inspection, to 
agencies of the United States Public Health Service, the National 
Academy of Sciences, State and local public health agencies, and 
academia, and shall carry out such other activities as the Chairman 
determines necessary.

                      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 Chairman shall report to Congress on 
the estimated additional cost of implementing this Act.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

SEC. 403. EFFECTIVE DATE.

    Except for sections 107, 108, 202, and 203, which shall become 
effective on the date of enactment, 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.

                                 <all>

S 1750 IS----2