article: 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. (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.
summary: Transfers to the Administration all functions of the following Federal agencies that relate to administration or enforcement of the food safety laws, as determined by the President: (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 (FDA); (3) the Center for Veterinary Medicine of FDA; (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; and (5) such others as the President may designate by executive order.