[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 431

To amend the Alcoholic Beverage Labeling Act of 1988 to grant authority 
to the Secretary of Health and Human Services to carry out the Act, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 22, 1999

 Mr. Thurmond introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Alcoholic Beverage Labeling Act of 1988 to grant authority 
to the Secretary of Health and Human Services to carry out the Act, 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.

    This Act may be cited as the ``Alcoholic Beverage Labeling Act of 
1999''.

SEC. 2. AUTHORITY OF SECRETARY OF HEALTH AND HUMAN SERVICES.

    Section 203(9) of the Alcoholic Beverage Labeling Act of 1988 (27 
U.S.C. 214(9)) is amended by striking ``Secretary of the Treasury'' and 
inserting ``Secretary of Health and Human Services''.

SEC. 3. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

    (a) Definitions.--For purposes of this section, unless otherwise 
provided or indicated by the context--
            (1) the term ``Federal agency'' has the meaning given the 
        term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (2) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program; and
            (3) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
    (b) Transfer of Functions.--There are transferred to the Department 
of Health and Human Services all functions that the Secretary of the 
Treasury exercised before the effective date of this section (including 
all related functions of any officer or employee of the Department of 
the Treasury) relating to the Alcoholic Beverage Labeling Act of 1988 
(27 U.S.C. 213 et seq.).
    (c) Determinations of Certain Functions by the Office of Management 
and Budget.--If necessary, the Office of Management and Budget shall 
make any determination of the functions that are transferred under 
subsection (b).
    (d) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, the personnel employed in 
connection with, and the assets, liabilities, grants, 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 
the functions transferred by this section, subject to section 1531 of 
title 31, United States Code, shall be transferred to the Department of 
Health and Human Services. Unexpended funds transferred pursuant to 
this subsection shall be used only for the purposes for which the funds 
were originally authorized and appropriated.
    (e) Incidental Transfers.--The Director of the Office of Management 
and Budget, at such time or times as the Director shall provide, may 
make such determinations as may be necessary with regard to the 
functions transferred by this section, and make such additional 
incidental dispositions of personnel, assets, liabilities, grants, 
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 such functions, as may be necessary to carry out this 
section. The Director of the Office of Management and Budget shall 
provide for the termination of the affairs of all entities terminated 
by this section and for such further measures and dispositions as may 
be necessary to effectuate the objectives of this section.
    (f) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        section, the transfer pursuant to this section of full-time 
        personnel (except special Government employees) and part-time 
        personnel holding permanent positions shall not cause any such 
        employee to be separated or reduced in grade or compensation 
        for 1 year after the date of transfer of such employee under 
        this section.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this section, any person who, on the day before the 
        effective date of this section, 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 Department of Health and Human 
        Services to a position having duties comparable to the duties 
        performed immediately before such appointment shall continue to 
be compensated in such new position at not less than the rate provided 
for such previous position, for the duration of the service of such 
person in such new position.
            (3) Termination of certain positions.--Positions whose 
        incumbents are appointed by the President, by and with the 
        advice and consent of the Senate, the functions of which are 
        transferred by this section, shall terminate on the effective 
        date of this section.
    (g) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                    (A) that have 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 section; and
                    (B) that were in effect before the effective date 
                of this section, or were final before the effective 
                date of this section and are to become effective on or 
                after the effective date of this section;
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, the Secretary of Health 
        and Human Services or other authorized official, a court of 
        competent jurisdiction, or by operation of law.
            (2) Proceedings not affected.--
                    (A) In general.--This section shall not affect any 
                proceedings, including notices of proposed rulemaking, 
                or any application for any license, permit, 
                certificate, or financial assistance pending before the 
                Department of the Treasury on the effective date of 
                this section, with respect to functions transferred by 
                this section.
                    (B) Continuation.--Such proceedings and 
                applications shall be continued. Orders shall be issued 
                in such proceedings, appeals shall be taken from the 
                orders, and payments shall be made pursuant to the 
                orders, as if this section had not been enacted, and 
                orders issued in any such proceedings shall continue in 
                effect until modified, terminated, superseded, set 
                aside, or revoked by a duly authorized official, by a 
                court of competent jurisdiction, or by operation of 
                law.
                    (C) Construction.--Nothing in this paragraph shall 
                be construed to prohibit the discontinuance or 
                modification of any such proceeding under the same 
                terms and conditions and to the same extent that such 
                proceeding could have been discontinued or modified if 
                this section had not been enacted.
            (3) Suits not affected.--This section shall not affect 
        suits commenced before the effective date of this section, and 
        in all such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same effect 
        as if this section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Department of the 
        Treasury, or by or against any individual in the official 
        capacity of such individual as an officer of the Department of 
        the Treasury, shall abate by reason of the enactment of this 
        section.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Department 
        of the Treasury relating to a function transferred under this 
        section may be continued by the Department of Health and Human 
        Services with the same effect as if this section had not been 
        enacted.
    (h) Transition.--The Secretary of Health and Human Services may 
utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Department of the Treasury with respect to 
        functions transferred to the Department of Health and Human 
        Services by this section; and
            (2) funds appropriated to such functions;
for such period of time as may reasonably be needed to facilitate the 
orderly implementation of this section.
    (i) References.--A reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to--
            (1) the Secretary of the Treasury with regard to functions 
        transferred under subsection (b), shall be deemed to refer to 
        the Secretary of Health and Human Services; and
            (2) the Department of the Treasury with regard to functions 
        transferred under subsection (b), shall be deemed to refer to 
        the Department of Health and Human Services.
    (j) Additional Conforming Amendments.--
            (1) Recommended legislation.--After consultation with the 
        appropriate committees of Congress and the Director of the 
        Office of Management and Budget, the Secretary of Health and 
        Human Services shall prepare and submit to the Congress 
        recommended legislation containing technical and conforming 
        amendments to reflect the changes made by this section.
            (2) Submission to the congress.--Not later than 6 months 
        after the effective date of this section, the Secretary of 
        Health and Human Services shall submit the recommended 
        legislation referred to under paragraph (1).
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