text: 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.
target: 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.
feat_title: Safe Food Act of 1999