II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Safe Food Act of 1999’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.
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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.

1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds the following:

3 (1) The safety and security of the food supply

4 of the United States requires efficient and effective

5 management of food safety regulations.

6 (2) The safety of the food supply of the United

7 States is facing tremendous pressures with regard to

8 the following issues:

9 (A) Emerging pathogens and the ability to

10 detect them.

11 (B) An aging population with a growing

12 number of people at high risk for foodborne ill13 nesses.

14 (C) An increasing volume of imported

15 foods, without adequate monitoring and inspec16 tion.

17 (D) Maintenance of adequate inspection of

18 the domestic food processing and food service

19 industry.
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1 (3) Federal food safety inspection, enforcement,

2 and research efforts should be based on scientifically

3 supportable assessments of risks to public health.

4 (4) The Federal food safety system is frag5 mented, with at least 12 primary Federal agencies

6 governing food safety.

7 (b) PURPOSES.—It is the purpose of this Act—

8 (1) to establish a single agency, the Food Safe9 ty Administration, that will be responsible for the

10 regulation of food safety and labeling and for con11 ducting food safety inspections to ensure, with rea12 sonable certainty, that no harm will result from the

13 consumption of food, by preventing food-borne ill14 nesses due to microbial, natural, or chemical hazards

15 in food; and

16 (2) to transfer to the Food Safety Administra17 tion the food safety, labeling, and inspection func18 tions currently performed by other Federal agencies,

19 to achieve more efficient management and effective

20 application of Federal food safety laws for the pro21 tection and improvement of public health.

22 SEC. 3. DEFINITIONS.

23 For purposes of this Act:
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1 (1) ADMINISTRATION.—The term ‘‘Administra2 tion’’ means the Food Safety Administration estab3 lished under section 4.

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of Food Safety ap6 pointed under section 4.

7 (3) FOOD SAFETY LAWS.—The term ‘‘food safe8 ty laws’’ means the following:

9 (A) The Federal Meat Inspection Act (21

10 U.S.C. 601 et seq.).

11 (B) The Poultry Products Inspection Act

12 (21 U.S.C. 451 et seq.).

13 (C) The Egg Products Inspection Act (21

14 U.S.C. 1031 et seq.).

15 (D) The Federal Food, Drug, and Cos16 metic Act (21 U.S.C. 301 et seq.), with regard

17 to food safety, labeling, and inspection under

18 that Act.

19 (E) Such other laws and portions of laws

20 regarding food safety, labeling, and inspection

21 as the President may designate by Executive

22 order as appropriate to consolidate under the

23 administration of the Administration.
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1 SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY

2 ADMINISTRATION.

3 (a) ESTABLISHMENT OF ADMINISTRATION; ADMINIS4 TRATOR.—There is established in the executive branch an

5 agency to be known as the ‘‘Food Safety Administration’’.

6 The Administration shall be an independent establish7 ment, as defined in section 104 of title 5, United States

8 Code. The Administration shall be headed by the Adminis9 trator of Food Safety, who shall be appointed by the Presi10 dent, by and with the advice and consent of the Senate.

11 (b) RESPONSIBILITIES.—The Administrator shall ad12 minister and enforce the food safety laws for the protec13 tion of the public health and shall oversee the following

14 functions of the Administration:

15 (1) Implementation of Federal food safety in16 spection, enforcement, and research efforts, based on

17 scientifically supportable assessments of risks to

18 public health.

19 (2) Development of consistent and science20 based standards for safe food.

21 (3) Coordination and prioritization of food safe22 ty research and education programs with other Fed23 eral agencies.

24 (4) Coordination of the Federal response to

25 foodborne illness outbreaks with other Federal agen26 cies and State agencies.
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1 (5) Integration of Federal food safety activities

2 with State and local agencies.

3 SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND

4 INSPECTION SERVICES AND AGENCIES.

5 (a) TRANSFER OF FUNCTIONS.—For each Federal

6 agency specified in subsection (b), there are transferred

7 to the Administration all functions that the head of the

8 Federal agency exercised on the day before the effective

9 date specified in section 8 (including all related functions

10 of any officer or employee of the Federal agency) that re11 late to administration or enforcement of the food safety

12 laws, as determined by the President.

13 (b) COVERED AGENCIES.—The Federal agencies re14 ferred to in subsection (a) are the following:

15 (1) The Food Safety and Inspection Service of

16 the Department of Agriculture.

17 (2) The Center for Food Safety and Applied

18 Nutrition of the Food and Drug Administration.

19 (3) The Center for Veterinary Medicine of the

20 Food and Drug Administration.

21 (4) The National Marine Fisheries Service of

22 the National Oceanic and Atmospheric Administra23 tion of the Department of Commerce as it relates to

24 the Seafood Inspection Program.
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1 (5) Such other offices, services, or agencies as

2 the President may designate by Executive order to

3 further the purposes of this Act.

4 (c) TRANSFER OF ASSETS AND FUNDS.—Consistent

5 with section 1531 of title 31, United States Code, the per6 sonnel, assets, liabilities, contracts, property, records, and

7 unexpended balances of appropriations, authorizations, al8 locations, and other funds that relate to the functions

9 transferred under subsection (a) from a Federal agency

10 shall be transferred to the Administration. Unexpended

11 funds transferred pursuant to this subsection shall be used

12 by the Administration only for the purposes for which the

13 funds were originally authorized and appropriated.

14 (d) REFERENCES.—After the transfer of functions

15 from a Federal agency under subsection (a), any reference

16 in any other Federal law, Executive order, rule, regulation,

17 document, or other material to that Federal agency or the

18 head of that agency in connection with the administration

19 or enforcement of the food safety laws shall be deemed

20 to be a reference to the Administration or the Adminis21 trator, respectively.

22 (e) SAVINGS PROVISIONS.—The transfer of functions

23 from a Federal agency under subsection (a) shall not

24 affect—
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1 (1) an order, determination, rule, regulation,

2 permit, agreement, grant, contract, certificate, li3 cense, registration, privilege, or other administrative

4 action issued, made, granted, or otherwise in effect

5 or final with respect to that agency on the day be6 fore the transfer date with respect to the transferred

7 functions; or

8 (2) any suit commenced with regard to that

9 agency, and any other proceeding (including a notice

10 of proposed rulemaking), or any application for any

11 license, permit, certificate, or financial assistance

12 pending before that agency on the day before the

13 transfer date with respect to the transferred func14 tions.

15 SEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRA16 TION.

17 (a) OFFICERS AND EMPLOYEES.—The Administrator

18 may appoint officers and employees for the Administration

19 in accordance with the provisions of title 5, United States

20 Code, relating to appointment in the competitive service,

21 and fix the compensation of the officers and employees

22 in accordance with chapter 51 and with subchapter III of

23 chapter 53 of such title, relating to classification and Gen24 eral Schedule pay rates.
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1 (b) EXPERTS AND CONSULTANTS.—The Adminis2 trator may procure the services of experts and consultants

3 as authorized by section 3109 of title 5, United States

4 Code, and pay in connection with the services travel ex5 penses of individuals, including transportation and per

6 diem in lieu of subsistence while away from the homes or

7 regular places of business of the individuals, as authorized

8 by section 5703 of such title.

9 (c) BUREAUS, OFFICES, AND DIVISIONS.—The Ad10 ministrator may establish within the Administration such

11 bureaus, offices, and divisions as the Administrator may

12 determine to be necessary to discharge the responsibilities

13 of the Administration.

14 (d) RULES.—The Administrator may prescribe, in ac15 cordance with chapters 5 and 6 of title 5, United States

16 Code, such rules as the Administrator determines to be

17 necessary or appropriate to administer and manage the

18 functions of the Administrator.

19 SEC. 7. LIMITATION ON AUTHORIZATION OF APPROPRIA20 TIONS.

21 For the fiscal year that includes the effective date

22 of this Act, the amount authorized to be appropriated to

23 carry out this Act shall not exceed—

24 (1) the amount appropriated for that fiscal year

25 for the Federal agencies described in section 5(b) for
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1 the purpose of administering or enforcing the food

2 safety laws; or

3 (2) the amount appropriated for these agencies

4 for such purpose for the preceding fiscal year, if, as

5 of the effective date of this Act, appropriations for

6 these agencies for the fiscal year that includes the

7 effective date have not yet been made.

8 SEC. 8. EFFECTIVE DATE.

9 This Act shall take effect on the earlier of—

10 (1) the date that is 180 days after the date of

11 the enactment of this Act; and

12 (2) such date during that 180-day period as the

13 President may direct in an Executive order.

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