II

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.

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.

4 This Act may be cited as the ‘‘Alcoholic Beverage La5 beling Act of 1999’’.
2

•S 431 IS

1 SEC. 2. AUTHORITY OF SECRETARY OF HEALTH AND

2 HUMAN SERVICES.

3 Section 203(9) of the Alcoholic Beverage Labeling

4 Act of 1988 (27 U.S.C. 214(9)) is amended by striking

5 ‘‘Secretary of the Treasury’’ and inserting ‘‘Secretary of

6 Health and Human Services’’.

7 SEC. 3. TRANSFER OF FUNCTIONS AND SAVINGS PROVI8 SIONS.

9 (a) DEFINITIONS.—For purposes of this section, un10 less otherwise provided or indicated by the context—

11 (1) the term ‘‘Federal agency’’ has the meaning

12 given the term ‘‘agency’’ by section 551(1) of title

13 5, United States Code;

14 (2) the term ‘‘function’’ means any duty, obli15 gation, power, authority, responsibility, right, privi16 lege, activity, or program; and

17 (3) the term ‘‘office’’ includes any office, ad18 ministration, agency, institute, unit, organizational

19 entity, or component thereof.

20 (b) TRANSFER OF FUNCTIONS.—There are trans21 ferred to the Department of Health and Human Services

22 all functions that the Secretary of the Treasury exercised

23 before the effective date of this section (including all relat24 ed functions of any officer or employee of the Department

25 of the Treasury) relating to the Alcoholic Beverage Label26 ing Act of 1988 (27 U.S.C. 213 et seq.).
3

•S 431 IS

1 (c) DETERMINATIONS OF CERTAIN FUNCTIONS BY

2 THE OFFICE OF MANAGEMENT AND BUDGET.—If nec3 essary, the Office of Management and Budget shall make

4 any determination of the functions that are transferred

5 under subsection (b).

6 (d) TRANSFER AND ALLOCATIONS OF APPROPRIA7 TIONS AND PERSONNEL.—Except as otherwise provided

8 in this section, the personnel employed in connection with,

9 and the assets, liabilities, grants, contracts, property,

10 records, and unexpended balances of appropriations, au11 thorizations, allocations, and other funds employed, used,

12 held, arising from, available to, or to be made available

13 in connection with the functions transferred by this sec14 tion, subject to section 1531 of title 31, United States

15 Code, shall be transferred to the Department of Health

16 and Human Services. Unexpended funds transferred pur17 suant to this subsection shall be used only for the purposes

18 for which the funds were originally authorized and appro19 priated.

20 (e) INCIDENTAL TRANSFERS.—The Director of the

21 Office of Management and Budget, at such time or times

22 as the Director shall provide, may make such determina23 tions as may be necessary with regard to the functions

24 transferred by this section, and make such additional inci25 dental dispositions of personnel, assets, liabilities, grants,
4

•S 431 IS

1 contracts, property, records, and unexpended balances of

2 appropriations, authorizations, allocations, and other

3 funds employed, used, held, arising from, available to, or

4 to be made available in connection with such functions,

5 as may be necessary to carry out this section. The Direc6 tor of the Office of Management and Budget shall provide

7 for the termination of the affairs of all entities terminated

8 by this section and for such further measures and disposi9 tions as may be necessary to effectuate the objectives of

10 this section.

11 (f) EFFECT ON PERSONNEL.—

12 (1) IN GENERAL.—Except as otherwise pro13 vided by this section, the transfer pursuant to this

14 section of full-time personnel (except special Govern15 ment employees) and part-time personnel holding

16 permanent positions shall not cause any such em17 ployee to be separated or reduced in grade or com18 pensation for 1 year after the date of transfer of

19 such employee under this section.

20 (2) EXECUTIVE SCHEDULE POSITIONS.—Except

21 as otherwise provided in this section, any person

22 who, on the day before the effective date of this sec23 tion, held a position compensated in accordance with

24 the Executive Schedule prescribed in chapter 53 of

25 title 5, United States Code, and who, without a
5

•S 431 IS

1 break in service, is appointed in the Department of

2 Health and Human Services to a position having du3 ties comparable to the duties performed immediately

4 before such appointment shall continue to be com5 pensated in such new position at not less than the

6 rate provided for such previous position, for the du7 ration of the service of such person in such new po8 sition.

9 (3) TERMINATION OF CERTAIN POSITIONS.—

10 Positions whose incumbents are appointed by the

11 President, by and with the advice and consent of the

12 Senate, the functions of which are transferred by

13 this section, shall terminate on the effective date of

14 this section.

15 (g) SAVINGS PROVISIONS.—

16 (1) CONTINUING EFFECT OF LEGAL DOCU17 MENTS.—All orders, determinations, rules, regula18 tions, permits, agreements, grants, contracts, certifi19 cates, licenses, registrations, privileges, and other

20 administrative actions—

21 (A) that have been issued, made, granted,

22 or allowed to become effective by the President,

23 any Federal agency or official of a Federal

24 agency, or by a court of competent jurisdiction,
6

•S 431 IS

1 in the performance of functions that are trans2 ferred under this section; and

3 (B) that were in effect before the effective

4 date of this section, or were final before the ef5 fective date of this section and are to become

6 effective on or after the effective date of this

7 section;

8 shall continue in effect according to their terms until

9 modified, terminated, superseded, set aside, or re10 voked in accordance with law by the President, the

11 Secretary of Health and Human Services or other

12 authorized official, a court of competent jurisdiction,

13 or by operation of law.

14 (2) PROCEEDINGS NOT AFFECTED.—

15 (A) IN GENERAL.—This section shall not

16 affect any proceedings, including notices of pro17 posed rulemaking, or any application for any li18 cense, permit, certificate, or financial assistance

19 pending before the Department of the Treasury

20 on the effective date of this section, with re21 spect to functions transferred by this section.

22 (B) CONTINUATION.—Such proceedings

23 and applications shall be continued. Orders

24 shall be issued in such proceedings, appeals

25 shall be taken from the orders, and payments
7

•S 431 IS

1 shall be made pursuant to the orders, as if this

2 section had not been enacted, and orders issued

3 in any such proceedings shall continue in effect

4 until modified, terminated, superseded, set

5 aside, or revoked by a duly authorized official,

6 by a court of competent jurisdiction, or by oper7 ation of law.

8 (C) CONSTRUCTION.—Nothing in this

9 paragraph shall be construed to prohibit the

10 discontinuance or modification of any such pro11 ceeding under the same terms and conditions

12 and to the same extent that such proceeding

13 could have been discontinued or modified if this

14 section had not been enacted.

15 (3) SUITS NOT AFFECTED.—This section shall

16 not affect suits commenced before the effective date

17 of this section, and in all such suits, proceedings

18 shall be had, appeals taken, and judgments rendered

19 in the same manner and with the same effect as if

20 this section had not been enacted.

21 (4) NONABATEMENT OF ACTIONS.—No suit, ac22 tion, or other proceeding commenced by or against

23 the Department of the Treasury, or by or against

24 any individual in the official capacity of such individ25 ual as an officer of the Department of the Treasury,
8

•S 431 IS

1 shall abate by reason of the enactment of this sec2 tion.

3 (5) ADMINISTRATIVE ACTIONS RELATING TO

4 PROMULGATION OF REGULATIONS.—Any administra5 tive action relating to the preparation or promulga6 tion of a regulation by the Department of the Treas7 ury relating to a function transferred under this sec8 tion may be continued by the Department of Health

9 and Human Services with the same effect as if this

10 section had not been enacted.

11 (h) TRANSITION.—The Secretary of Health and

12 Human Services may utilize—

13 (1) the services of such officers, employees, and

14 other personnel of the Department of the Treasury

15 with respect to functions transferred to the Depart16 ment of Health and Human Services by this section;

17 and

18 (2) funds appropriated to such functions;

19 for such period of time as may reasonably be needed to

20 facilitate the orderly implementation of this section.

21 (i) REFERENCES.—A reference in any other Federal

22 law, Executive order, rule, regulation, or delegation of au23 thority, or any document of or relating to—

24 (1) the Secretary of the Treasury with regard

25 to functions transferred under subsection (b), shall
9

•S 431 IS

1 be deemed to refer to the Secretary of Health and

2 Human Services; and

3 (2) the Department of the Treasury with re4 gard to functions transferred under subsection (b),

5 shall be deemed to refer to the Department of

6 Health and Human Services.

7 (j) ADDITIONAL CONFORMING AMENDMENTS.—

8 (1) RECOMMENDED LEGISLATION.—After con9 sultation with the appropriate committees of Con10 gress and the Director of the Office of Management

11 and Budget, the Secretary of Health and Human

12 Services shall prepare and submit to the Congress

13 recommended legislation containing technical and

14 conforming amendments to reflect the changes made

15 by this section.

16 (2) SUBMISSION TO THE CONGRESS.—Not later

17 than 6 months after the effective date of this sec18 tion, the Secretary of Health and Human Services

19 shall submit the recommended legislation referred to

20 under paragraph (1).

Æ