[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1281 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1281

 To consolidate in a single independent agency in the executive branch 
 the responsibilities regarding food safety, labeling, and inspection 
           currently divided among several Federal agencies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 1999

Mr. Durbin (for himself, Mr. Torricelli, Ms. Mikulski, and Mr. Cleland) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To consolidate in a single independent agency in the executive branch 
 the responsibilities regarding food safety, labeling, and inspection 
           currently divided among several Federal agencies.

    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 ``Safe Food Act of 
1999''.
    (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.
Sec. 4. Establishment of independent Food Safety Administration.
Sec. 5. Consolidation of separate food safety and inspection services 
                            and agencies.
Sec. 6. Additional authorities of the Administration.
Sec. 7. Limitation on authorization of appropriations.
Sec. 8. Effective date.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The safety and security of the food supply of the 
        United States requires efficient and effective management of 
        food safety regulations.
            (2) The safety of the food supply of the United States is 
        facing tremendous pressures with regard to the following 
        issues:
                    (A) Emerging pathogens and the ability to detect 
                them.
                    (B) An aging population with a growing number of 
                people at high risk for foodborne illnesses.
                    (C) An increasing volume of imported foods, without 
                adequate monitoring and inspection.
                    (D) Maintenance of adequate inspection of the 
                domestic food processing and food service industry.
            (3) Federal food safety inspection, enforcement, and 
        research efforts should be based on scientifically supportable 
        assessments of risks to public health.
            (4) The Federal food safety system is fragmented, with at 
        least 12 primary Federal agencies governing food safety.
    (b) Purposes.--It is the purpose of this Act--
            (1) to establish a single agency, the Food Safety 
        Administration, that will be responsible for the regulation of 
        food safety and labeling and for conducting food safety 
        inspections to ensure, with reasonable certainty, that no harm 
        will result from the consumption of food, by preventing food-
        borne illnesses due to microbial, natural, or chemical hazards 
        in food; and
            (2) to transfer to the Food Safety Administration the food 
        safety, labeling, and inspection functions currently performed 
        by other Federal agencies, to achieve more efficient management 
        and effective application of Federal food safety laws for the 
        protection and improvement of public health.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Administration.--The term ``Administration'' means the 
        Food Safety Administration established under section 4.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of Food Safety appointed under section 4.
            (3) Food safety laws.--The term ``food safety laws'' means 
        the following:
                    (A) The Federal Meat Inspection Act (21 U.S.C. 601 
                et seq.).
                    (B) The Poultry Products Inspection Act (21 U.S.C. 
                451 et seq.).
                    (C) The Egg Products Inspection Act (21 U.S.C. 1031 
                et seq.).
                    (D) The Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.), with regard to food safety, 
                labeling, and inspection under that Act.
                    (E) Such other laws and portions of laws regarding 
                food safety, labeling, and inspection as the President 
                may designate by Executive order as appropriate to 
                consolidate under the administration of the 
                Administration.

SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION.

    (a) Establishment of Administration; Administrator.--There is 
established in the executive branch an agency to be known as the ``Food 
Safety Administration''. The Administration shall be an independent 
establishment, as defined in section 104 of title 5, United States 
Code. The Administration shall be headed by the Administrator of Food 
Safety, who shall be appointed by the President, by and with the advice 
and consent of the Senate.
    (b) Responsibilities.--The Administrator shall administer and 
enforce the food safety laws for the protection of the public health 
and shall oversee the following functions of the Administration:
            (1) Implementation of Federal food safety inspection, 
        enforcement, and research efforts, based on scientifically 
        supportable assessments of risks to public health.
            (2) Development of consistent and science-based standards 
        for safe food.
            (3) Coordination and prioritization of food safety research 
        and education programs with other Federal agencies.
            (4) Coordination of the Federal response to foodborne 
        illness outbreaks with other Federal agencies and State 
        agencies.
            (5) Integration of Federal food safety activities with 
        State and local agencies.

SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES 
              AND AGENCIES.

    (a) Transfer of Functions.--For each Federal agency specified in 
subsection (b), there are transferred to the Administration all 
functions that the head of the Federal agency exercised on the day 
before the effective date specified in section 8 (including all related 
functions of any officer or employee of the Federal agency) that relate 
to administration or enforcement of the food safety laws, as determined 
by the President.
    (b) Covered Agencies.--The Federal agencies referred to in 
subsection (a) are the following:
            (1) The Food Safety and Inspection Service of the 
        Department of Agriculture.
            (2) The Center for Food Safety and Applied Nutrition of the 
        Food and Drug Administration.
            (3) The Center for Veterinary Medicine of the Food and Drug 
        Administration.
            (4) The National Marine Fisheries Service of the National 
        Oceanic and Atmospheric Administration of the Department of 
        Commerce as it relates to the Seafood Inspection Program.
            (5) Such other offices, services, or agencies as the 
        President may designate by Executive order to further the 
        purposes of this Act.
    (c) Transfer of Assets and Funds.--Consistent with section 1531 of 
title 31, United States Code, the personnel, assets, liabilities, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds that 
relate to the functions transferred under subsection (a) from a Federal 
agency shall be transferred to the Administration. Unexpended funds 
transferred pursuant to this subsection shall be used by the 
Administration only for the purposes for which the funds were 
originally authorized and appropriated.
    (d) References.--After the transfer of functions from a Federal 
agency under subsection (a), any reference in any other Federal law, 
Executive order, rule, regulation, document, or other material to that 
Federal agency or the head of that agency in connection with the 
administration or enforcement of the food safety laws shall be deemed 
to be a reference to the Administration or the Administrator, 
respectively.
    (e) Savings Provisions.--The transfer of functions from a Federal 
agency under subsection (a) shall not affect--
            (1) an order, determination, rule, regulation, permit, 
        agreement, grant, contract, certificate, license, registration, 
        privilege, or other administrative action issued, made, 
        granted, or otherwise in effect or final with respect to that 
        agency on the day before the transfer date with respect to the 
        transferred functions; or
            (2) any suit commenced with regard to that agency, and any 
        other proceeding (including a notice of proposed rulemaking), 
        or any application for any license, permit, certificate, or 
        financial assistance pending before that agency on the day 
        before the transfer date with respect to the transferred 
        functions.

SEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRATION.

    (a) Officers and Employees.--The Administrator may appoint officers 
and employees for the Administration in accordance with the provisions 
of title 5, United States Code, relating to appointment in the 
competitive service, and fix the compensation of the officers and 
employees in accordance with chapter 51 and with subchapter III of 
chapter 53 of such title, relating to classification and General 
Schedule pay rates.
    (b) Experts and Consultants.--The Administrator may procure the 
services of experts and consultants as authorized by section 3109 of 
title 5, United States Code, and pay in connection with the services 
travel expenses of individuals, including transportation and per diem 
in lieu of subsistence while away from the homes or regular places of 
business of the individuals, as authorized by section 5703 of such 
title.
    (c) Bureaus, Offices, and Divisions.--The Administrator may 
establish within the Administration such bureaus, offices, and 
divisions as the Administrator may determine to be necessary to 
discharge the responsibilities of the Administration.
    (d) Rules.--The Administrator may prescribe, in accordance with 
chapters 5 and 6 of title 5, United States Code, such rules as the 
Administrator determines to be necessary or appropriate to administer 
and manage the functions of the Administrator.

SEC. 7. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.

    For the fiscal year that includes the effective date of this Act, 
the amount authorized to be appropriated to carry out this Act shall 
not exceed--
            (1) the amount appropriated for that fiscal year for the 
        Federal agencies described in section 5(b) for the purpose of 
        administering or enforcing the food safety laws; or
            (2) the amount appropriated for these agencies for such 
        purpose for the preceding fiscal year, if, as of the effective 
        date of this Act, appropriations for these agencies for the 
        fiscal year that includes the effective date have not yet been 
        made.

SEC. 8. EFFECTIVE DATE.

    This Act shall take effect on the earlier of--
            (1) the date that is 180 days after the date of the 
        enactment of this Act; and
            (2) such date during that 180-day period as the President 
        may direct in an Executive order.
                                 <all>