[Congressional Record Volume 145, Number 91 (Thursday, June 24, 1999)]
[Senate]
[Pages S7601-S7603]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Torricelli, Ms. Mikulski, and Mr. 
        Cleland):
  S. 1281. 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.


                           the safe food act

  Mr. DURBIN. Mr. President, today I am introducing legislation that 
would replace the current fragmented federal food safety system with a 
single, independent agency responsible for all federal food safety 
activities--the Safe Food Act of 1999 (S. 1281). I am pleased to be 
joined by Senators Torricelli, Mikulski, and Cleland in this important 
effort.
  Make no mistake, our country has been blessed with one of the safest 
and most abundant food supplies in the world. However, we can do 
better. Foodborne illness is a significant problem.
  The safety of our nation's food supply is facing tremendous pressures 
with regard to emerging pathogens, an aging population with a growing 
number of people at high risk for foodborne illnesses, broader food 
distribution patterns, an increasing volume of food imports, and 
changing consumption patterns.
  The General Accounting Office (GAO) estimates that as many as 81 
million people will suffer food poisoning this year and more than 9,000 
will die. Children and the elderly are especially vulnerable. In terms 
of medical costs and productivity losses, foodborne illness costs the 
nation up to $37 billion annually. The situation is not likely to 
improve without decisive action. The Department of Health and Human 
Services predicts that foodborne illnesses and deaths will increase 10-
15 percent over the next decade.
  In 1997, a Princeton Research survey found that 44 percent of 
Americans believe the food supply in this country is less safe than it 
was 10 years ago. American consumers spend more than $617 billion 
annually on food, of which about $511 billion is spent on foods grown 
on U.S. farms. Our ability to assure that the safety of our food and to 
react rapidly to potential threats to food safety is critical not only 
for public health, but also to the vitality of both domestic and rural 
economies and international trade.
  Many of you are probably following the dioxin crisis in Belgium. Days 
before the national elections poultry, eggs, pork, beef, and dairy 
products were withdrawn from supermarket shelves. Butcher shops closed 
and livestock farms were quarantined. Since then countries, worldwide, 
have restricted imports of eggs, chickens, and pork from the European 
Union. Public outrage in Belgium over the dioxin scandal led to a 
disastrous showing by the ruling party in the national and European 
elections on June 14, and the government was forced to resign. Food 
safety concerns and fears are global.
  Today, food moves through a global marketplace. This was not the case 
in the early 1900's when the first federal food safety agencies were 
created. Throughout this century, Congress responded by adding layer 
upon layer--agency upon agency--to answer the pressing food safety 
needs of the day. That's how the federal food safety system got to the 
point where it is today. And again as we face increasing pressures on 
food safety, the federal government must respond. But we must respond 
not only to these pressures but also to the very fragmented nature of 
the federal food safety structure.
  Fragmentation of our food safety system is a burden that must be 
changed to protect the public health from these increasing pressures. 
Currently, there are at least 12 different federal agencies, 35 
different laws governing food safety, and 28 House and Senate 
subcommittees with food safety oversight. With overlapping 
jurisdictions, federal agencies often lack accountability on food 
safety-related issues.
  Last August, the National Academy of Sciences (NAS) released a report 
recommending the establishment of a ``unified and central framework'' 
for managing federal food safety programs, ``one that is headed by a 
single official and which has the responsibility and control of 
resources for all federal food safety activities.'' I agree with this 
conclusion.
  The Administration has stepped forward on the issue of food safety--
the President's Food Safety Initiatives and the President's Council on 
Food Safety have focused efforts to track and prevent microbial 
foodborne illnesses. I commend President Clinton and Secretaries 
Glickman and Shalala for their commitment to improving our nation's 
food safety and inspection systems. Earlier this year in response to 
the NAS report, the President's Council on Food Safety stated its 
support for the NAS recommendation calling for a new statute that 
establishes a unified framework for food safety programs with a single 
official with control over all federal food safety resources.
  An independent single food safety agency is needed to replace the 
current, fragmented system. My proposed legislation would combine the 
functions of USDA's Food Safety and Inspection Service, FDA's Center 
for

[[Page S7602]]

Food Safety and Applied Nutrition and the Center for Veterinary 
Medicine, the Department of Commerce's Seafood Inspection Program, and 
the food safety functions of other federal agencies. This new, 
independent agency would be funded with the combined budgets from these 
consolidated agencies.
  With overlapping jurisdictions, federal agencies many times lack 
accountability on food safety-related issues. There are simply too many 
cooks in the kitchen. A single, independent agency would help focus our 
policy and improve enforcement of food safety and inspection laws.
  The General Accounting Office has been unequivocal in its 
recommendation for consolidation of federal food safety programs. GAO's 
April 1998 report states that ``since 1992, we have frequently reported 
on the fragmented and inconsistent organization of food safety 
responsibilities in the federal government.'' In a May 25, 1994 report, 
GAO cites that its ``testimony is based on over 60 reports and studies 
issued over the last 25 years by GAO, agency Inspectors General, and 
others.'' The Appendix to the 1994 GAO report lists: 49 reports since 
1977, 9 USDA Office of Inspector General reports since 1986, 1 HHS 
Office of Inspector General report in 1991, and 15 reports and studies 
by Congress, scientific organizations, and others since 1981.

  Again, earlier this year, GAO in its 21-volume report on government 
waste, pointed to the lack of coordination of the federal food safety 
efforts as an example. ``So many cooks are spoiling the broth,'' says 
the GAO while highlighting the absurdity of having one federal agency 
inspecting frozen meat pizza and another inspecting frozen cheese 
pizza.
  Over 20 years ago, the Senate Committee on Governmental Affairs 
advised that consolidation is essential to avoid conflicts of interest 
and overlapping jurisdictions. In a 1977 report the committee stated, 
``While we support the recent efforts of FDA and USDA to improve 
coordination between the agencies, periodic meetings will not be enough 
to overcome [these] problems.'' This statement is just as true today as 
it was then.
  It's time to move forward. Let us stop using multiple federal 
agencies to inspect pizza. Instead let us ``deliver'' what makes 
sense--a single, independent food safety agency.
  A single, independent agency with uniform food safety standards and 
regulations based on food hazards would provide an easier framework for 
implementing U.S. standards in an international context. When our own 
agencies don't have uniform safety and inspection standards for all 
potentially hazardous foods, the establishment of uniform international 
standards will be next to impossible.
  Research could be better coordinated within a single agency than 
among multiple programs. Currently, federal funding for food safety 
research is spread over at least 20 federal agencies, and coordination 
among those agencies is ad hoc at best.
  New technologies to improve food safety could be approved more 
rapidly with one food safety agency. Currently, food safety 
technologies must go through multiple agencies for approval, often 
adding years of delay.
  In this era of limited budgets, it is our responsibility to modernize 
and streamline the food safety system. The U.S. simply cannot afford to 
continue operating multiple systems. This is not about more regulation, 
a super agency, or increased bureaucracy, it's about common sense and 
more effective marshaling of our existing federal resources.
  With the incidence of food recalls on the rise, it is important to 
move beyond short-term solutions to major food safety problems. A 
single, independent food safety and inspection agency could more easily 
work toward long-term solutions to the frustrating and potentially 
life-threatening issue of food safety.
  Mr. President, together, we can bring the various agencies together 
to eliminate the overlap and confusion that have, unfortunately, at 
times characterized our food safety efforts. We need action, not simply 
reaction. I encourage my colleagues to join me in this effort to 
consolidate the food safety and inspection functions of numerous 
agencies and offices into a single, independent food safety agency.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1281

       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.

[[Page S7603]]

       (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.
                                 ______