[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1501 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1501

 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

                            October 4, 2001

    Mr. Durbin (for himself, Mr. Torricelli, Ms. Mikulski, and Mrs. 
   Clinton) 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 
2001''.
    (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 that--
            (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--
                    (A) emerging pathogens and the ability to detect 
                those pathogens;
                    (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; and
                    (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; and
            (4) the Federal food safety system is fragmented, with at 
        least 12 Federal agencies governing food safety.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish a single agency, to be known as the ``Food 
        Safety Administration'', to be responsible for the regulation 
        of food safety and labeling and for conducting food safety 
        inspections to ensure with reasonable certainty, by preventing 
        food-borne illnesses due to microbial, natural, or chemical 
        hazards in food, that no harm will result from the consumption 
        of food; and
            (2) to transfer to that agency 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.

    In 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 law.--The term ``food safety law'' means--
                    (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.), regarding food safety, labeling, 
                and inspection under that Act; or
                    (E) such other law or portions of a law regarding 
                food safety, labeling, and inspection as the President 
                designates by Executive order as appropriate to 
                consolidate under the administration of the 
                Administration.

SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION.

    (a) Establishment.--
            (1) In general.--There is established in the Executive 
        branch an agency to be known as the ``Food Safety 
        Administration''.
            (2) Status.--The Administration shall be an independent 
        establishment (as defined in section 104 of title 5, United 
        States Code).
            (3) Head of administration.--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) Duties.--The Administrator shall--
            (1) administer and enforce the food safety laws for the 
        protection of the public health; and
            (2) oversee--
                    (A) implementation of Federal food safety 
                inspection, enforcement, and research efforts, based on 
                scientifically supportable assessments of risks to 
                public health;
                    (B) development of consistent and science-based 
                standards for safe food;
                    (C) coordination and prioritization of food safety 
                research and education programs with other Federal 
                agencies;
                    (D) coordination of the Federal response to 
                foodborne illness outbreaks with other Federal agencies 
                and State agencies; and
                    (E) 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) Transferred Agencies.--The Federal agencies referred to in 
subsection (a) are--
            (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 part of the National Marine Fisheries Service of 
        the National Oceanic and Atmospheric Administration of the 
        Department of Commerce that administers the Seafood Inspection 
        Program; and
            (5) such other offices, services, or agencies as the 
        President designates by Executive order to carry out this Act.
    (c) Transfer of Assets and Funds.--
            (1) In general.--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.
            (2) Unexpended funds.--Unexpended funds transferred under 
        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 civil action 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 that 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 that 
title.
    (c) Bureaus, Offices, and Divisions.--The Administrator may 
establish within the Administration such bureaus, offices, and 
divisions as the Administrator determines are necessary to perform the 
duties of the Administrator.
    (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 are necessary or appropriate to perform the 
duties 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 identified in section 5(b) for the purpose of 
        administering or enforcing the food safety laws; or
            (2) the amount appropriated for those agencies for that 
        purpose for the preceding fiscal year, if, as of the effective 
        date of this Act, appropriations for those agencies for the 
        fiscal year that includes the effective date have not yet been 
        made.

SEC. 8. EFFECTIVE DATE.

    This Act takes effect on the earlier of--
            (1) the date that is 180 days after the date of enactment 
        of this Act; and
            (2) such date during that 180-day period as the President 
        may direct by Executive order.
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