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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6552 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6552

   To establish the Food Safety Administration to protect the public 
 health by preventing food-borne illness, ensuring the safety of food, 
 improving research on contaminants leading to food-borne illness, and 
  improving security of food from intentional contamination, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 17, 2010

 Ms. DeLauro introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
   To establish the Food Safety Administration to protect the public 
 health by preventing food-borne illness, ensuring the safety of food, 
 improving research on contaminants leading to food-borne illness, and 
  improving security of food from intentional contamination, and for 
                            other purposes.

    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 ``Single Food Safety 
Agency Act of 2010''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
          TITLE I--ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION

Sec. 101. Establishment of Food Safety Administration.
Sec. 102. Consolidation of separate food safety and inspection services 
                            and agencies.
Sec. 103. Additional duties of the Administration.
                TITLE II--ADMINISTRATION AND ENFORCEMENT

Sec. 201. Administration of national program.
Sec. 202. Criminal penalties.
Sec. 203. Civil penalties for violations.
                       TITLE III--IMPLEMENTATION

Sec. 301. Definition of transitional period.
Sec. 302. Reorganization plan.
Sec. 303. Transitional authorities.
Sec. 304. Savings provisions.
Sec. 305. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Food Safety Administration established under section 101(a)(1).
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of Food Safety appointed under section 101(a)(3).
            (3) Agency.--The term ``agency'' has the meaning given that 
        term in section 551 of title 5, United States Code.
            (4) Contaminant.--The term ``contaminant'' includes a 
        bacterium, chemical, natural or manufactured toxin, virus, 
        parasite, prion, physical hazard, or other human pathogen that 
        when found on or in food can cause human illness, injury, or 
        death.
            (5) Contamination.--The term ``contamination'' refers to a 
        presence of a contaminant in food.
            (6) Food.--
                    (A) In general.--The term ``food'' means a product 
                intended to be used for food or drink for a human or an 
                animal.
                    (B) Inclusions.--The term ``food'' includes any 
                product (including a meat food product, as defined in 
                section 1(j) of the Federal Meat Inspection Act (21 
                U.S.C. 601(j))), capable for use as human food that is 
                made in whole or in part from any animal, including 
                cattle, sheep, swine, or goat, or poultry (as defined 
                in section 4 of the Poultry Products Inspection Act (21 
                U.S.C. 453)), and animal feed.
                    (C) Exclusion.--The term ``food'' does not include 
                dietary supplements, as defined in section 6(ff) of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                321(ff)).
            (7) Food establishment.--
                    (A) In general.--The term ``food establishment'' 
                means a foreign or domestic slaughterhouse, factory, 
                warehouse, or facility that processes food or a 
                facility that holds, stores, or transports food or food 
                ingredients.
                    (B) Exclusions.--For the purposes of registration, 
                the term ``food establishment'' does not include a 
                farm, restaurant, other retail food establishment, 
                nonprofit food establishment in which food is prepared 
                for or served directly to the consumer, or fishing 
                vessel (other than a fishing vessel engaged in 
                processing, as that term is defined in section 123.3 of 
                title 21, Code of Federal Regulations).
            (8) Food safety law.--The term ``food safety law'' means--
                    (A) the provisions of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 301 et seq.) related to and 
                requiring the safety, labeling, and inspection of food, 
                infant formulas, food additives, pesticide residues, 
                and other substances present in food under that Act;
                    (B) the provisions of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 301 et seq.) and of any other 
                Act that are administered by the Center for Veterinary 
                Medicine of the Food and Drug Administration;
                    (C) the Poultry Products Inspection Act (21 U.S.C. 
                451 et seq.);
                    (D) the Federal Meat Inspection Act (21 U.S.C. 601 
                et seq.);
                    (E) the Egg Products Inspection Act (21 U.S.C. 1031 
                et seq.);
                    (F) the Sanitary Food Transportation Act of 1990 
                (49 U.S.C. App. 2801 et seq.);
                    (G) the provisions enacted by the Sanitary Food 
                Transportation Act of 2005 (subtitle B of title VII of 
                Public Law 109-59);
                    (H) the provisions of the Humane Methods of 
                Slaughter Act of 1978 (Public Law 95-448) administered 
                by the Food Safety and Inspection Service;
                    (I) the provisions of this Act; and
                    (J) such other provisions of law related to and 
                requiring food safety, labeling, inspection, and 
                enforcement as the President designates by Executive 
                order as appropriate to include within the jurisdiction 
                of the Administration.
            (9) Process.--The term ``process'' or ``processing'' means 
        the commercial harvesting, slaughter, packing, preparation, or 
        manufacture of food.
            (10) State.--The term ``State'' means any of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, and 
        any other territory or possessions of the United States.

          TITLE I--ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION

SEC. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION.

    (a) Establishment.--
            (1) In general.--There is established in the executive 
        branch an agency to be known as the ``Food Safety 
        Administration''.
            (2) Status.--The Administration shall be an independent 
        establishment (as defined in section 104 of title 5, United 
        States Code).
            (3) Head of administration.--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) Duties of Administrator.--The Administrator shall--
            (1) administer and enforce the food safety law;
            (2) serve as a representative to international food safety 
        bodies and discussions;
            (3) oversee the--
                    (A) implementation of Federal food safety 
                inspection, enforcement, and research efforts for the 
                purpose of protecting the public health;
                    (B) development of consistent and science-based 
                standards for food safety;
                    (C) prioritization of Federal food safety efforts 
                and deployment of Federal food safety resources to 
                achieve the greatest possible benefit in reducing food-
                borne illness;
                    (D) coordination and prioritization of food safety 
                research and education programs with other Federal 
                agencies;
                    (E) coordination of the Federal response to food-
                borne illness outbreaks with other Federal and State 
                agencies; and
                    (F) integration of Federal food safety activities 
                with State and local agencies and tribal governments; 
                and
            (4) promulgate regulations as necessary and appropriate to 
        perform the duties under this subsection and to secure the food 
        supply from all forms of contamination, including intentional 
        contamination.
    (c) Conforming Amendment.--Section 5313 of title 5, United States 
Code, is amended by inserting at the end the following new item:
``Administrator of Food Safety.''.

SEC. 102. 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 of this Act (including all related functions 
of any officer or employee of the Federal agency) that relate to 
administration or enforcement of the food safety law, as determined by 
the President.
    (b) Transferred Agencies.--The Federal agencies referred to in 
subsection (a) are--
            (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 part of the Agriculture Marketing Service that 
        administers shell egg surveillance services established under 
        the Egg Products Inspection Act (21 U.S.C. 1031 et seq.);
            (4) the resources and facilities of the Office of 
        Regulatory Affairs of the Food and Drug Administration, to the 
        extent that such resources and facilities are for the purpose 
        of administering and conducting inspections of food 
        establishments and imports;
            (5) the resources and facilities of the Office of the 
        Commissioner of the Food and Drug Administration, to the extent 
        such resources and facilities support--
                    (A) the Center for Food Safety and Applied 
                Nutrition;
                    (B) the Center for Veterinary Medicine; and
                    (C) the facilities and resources of the Office of 
                Regulatory Affairs described in paragraph (4);
            (6) the Center for Veterinary Medicine of the Food and Drug 
        Administration;
            (7) the resources and facilities of the Environmental 
        Protection Agency, to the extent such resources and facilities 
        are for the purpose of controlling and regulating pesticide 
        residues in food;
            (8) the part of the Research, Education, and Economics 
        mission area of the Department of Agriculture related to food 
        safety and animal feed research;
            (9) the part of the National Marine Fisheries Service of 
        the National Oceanic and Atmospheric Administration of the 
        Department of Commerce that administers the seafood inspection 
        program;
            (10) the Animal and Plant Inspection Health Service of the 
        Department of Agriculture; and
            (11) such other offices, services, or agencies as the 
        President designates by Executive order to carry out this Act.

SEC. 103. ADDITIONAL DUTIES OF THE ADMINISTRATION.

    (a) Officers and Employees.--The Administrator may--
            (1) 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
            (2) fix the compensation of those officers and employees in 
        accordance with chapter 51 and with subchapter III of chapter 
        53 of that title, relating to classification and General 
        Schedule pay rates.
    (b) Experts and Consultants.--The Administrator may--
            (1) procure the services of temporary or intermittent 
        experts and consultants as authorized by section 3109 of title 
        5, United States Code; and
            (2) pay in connection with those services the travel 
        expenses of the experts and consultants, 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 that title.
    (c) Bureaus, Offices, and Divisions.--The Administrator may 
establish within the Administration such bureaus, offices, and 
divisions as the Administrator determines are necessary to perform the 
duties of the Administrator.
    (d) Advisory Committees.--
            (1) In general.--The Administrator shall establish advisory 
        committees that consist of representatives of scientific expert 
        bodies, academics, industry specialists, and consumers.
            (2) Duties.--The duties of an advisory committee 
        established under paragraph (1) may include developing 
        recommendations for the development of new processes, research, 
        communications, performance standards, and inspection that 
        relate to food safety.

                TITLE II--ADMINISTRATION AND ENFORCEMENT

SEC. 201. ADMINISTRATION OF NATIONAL PROGRAM.

    (a) In General.--The Administrator shall--
            (1) administer a national food safety program (referred to 
        in this section as the ``program'') to protect public health; 
        and
            (2) ensure that persons who produce or process food comply 
        with Federal laws and regulations to prevent or minimize food 
        safety hazards related to their products.
    (b) Comprehensive Analysis.--
            (1) Initial analysis.--Not later than one year after the 
        date of the enactment of this Act, the Administrator shall 
        conduct a comprehensive analysis of the hazards associated with 
        different food and with the processing of different food, 
        including the identification and evaluation of--
                    (A) the severity of the potential health risks;
                    (B) the sources and specific points of potential 
                contamination in the food supply chain that may render 
                food unsafe;
                    (C) the potential for persistence, multiplication, 
                or concentration of naturally occurring or added 
                contaminants in food;
                    (D) opportunities across the food production, 
                processing, distribution, and retail system to reduce 
                potential health risks; and
                    (E) opportunities for intentional contamination.
            (2) Updates.--The administrator shall update the analysis 
        under paragraph (1) on an annual basis.
    (c) Program Development and Implementation.--
            (1) Use of analysis results.--In developing the program, 
        the Administrator shall take into account the results of the 
        analysis under subsection (b).
            (2) Program elements.--In carrying out the program, the 
        Administrator shall--
                    (A) adopt and implement a national system for the 
                registration of food establishments and regular 
                unannounced inspection of food establishments;
                    (B) revise such system, as necessary, based on 
                updates to the analysis under subsection (b)(1);
                    (C) enforce the adoption of process controls in 
                food establishments, based on best available scientific 
                and public health considerations and best available 
                technologies;
                    (D) establish and enforce science-based standards 
                for--
                            (i) limiting the presence of contaminants 
                        in food; and
                            (ii) safety and sanitation in the 
                        processing and handling of food;
                    (E) conduct, on an ongoing basis, a statistically 
                valid sampling program to ensure that--
                            (i) food industry programs and procedures 
                        that prevent food contamination are effective; 
                        and
                            (ii) food meets the standards established 
                        under this Act;
                    (F) implement procedures and requirements to ensure 
                the safety and security of imported food;
                    (G) coordinate with other agencies and State or 
                local governments in carrying out the inspection, 
                enforcement, research, and monitoring of food 
                establishments required by Federal food safety laws;
                    (H) use data made available under subsection (d) 
                to--
                            (i) assess the health risks associated with 
                        the human consumption of food; and
                            (ii) evaluate the need for additional 
                        surveillance data and studies.
                    (I) develop public education risk communication and 
                advisory programs;
                    (J) implement a basic and applied research program 
                to further the purposes of this Act; and
                    (K) coordinate and prioritize food safety research 
                and educational programs with other agencies, including 
                State or local agencies.
    (d) Availability of Data.--Upon the request of the Administrator, 
the head of that department or agency of the United States shall 
provide the Administrator with access to data which is necessary to 
enable the Administrator to carry out the Administrator's 
responsibilities under Act. Such data includes surveillance data from 
the Centers for Disease Control and Prevention.

SEC. 202. CRIMINAL PENALTIES.

    Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 333(a)) is amended--
            (1) in paragraph (1), by striking ``Any'' and inserting 
        ``Except as provided in paragraph (2) or (3), any''; and
            (2) by adding at the end the following:
            ``(3) Notwithstanding paragraph (1) of this section, any 
        person who knowingly violates paragraph (a), (b), (c), (k), or 
        (v) of section 301 with respect to any food that is misbranded 
        or adulterated shall be imprisoned for not more than 10 years 
        or fined in accordance with title 18, United States Code, or 
        both.''.

SEC. 203. CIVIL PENALTIES FOR VIOLATIONS.

    (a) In General.--
            (1) Violations.--Subject to subsection (b)(1), any person 
        who violates the food safety law (including a regulation 
        promulgated or order issued under a Federal food safety law) 
        shall be subject to a civil monetary penalty, for each such 
        violation, of not more than--
                    (A) in the case of an individual, $20,000, not to 
                exceed $50,000 for all such violations adjudicated in a 
                single proceeding; and
                    (B) in the case of any other person $250,000, not 
                to exceed $1,000,000 for all such violations 
                adjudicated in a single proceeding.
            (2) Knowing violations.--Subject to subsection (b)(1), any 
        person who knowingly violates the food safety law shall be 
        subject to a civil monetary penalty, for each such violation, 
        of not more than--
                    (A) in the case of an individual, $50,000, not to 
                exceed $100,000 for all such violations adjudicated in 
                a single proceeding; and
                    (B) in the case of any other person, $500,000, not 
                to exceed $7,500,000 for all such violations 
                adjudicated in a single proceeding.
            (3) Separate violations.--For purposes of paragraphs (1) 
        and (2), each day during which a violation of the food safety 
        law continues shall be considered to be a separate violation.
    (b) Treatment of Other Applicable Penalties.--
            (1) Exceptions.--Notwithstanding subsection (a), with 
        respect to a violation, a person shall not be subject to a 
        civil monetary penalty under this section if such person is 
        subject to a civil monetary penalty under--
                    (A) section 303(f)(2) of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 333(f)(2)) for the same 
                violation; or
                    (B) section 12(c) of the Egg Products Inspection 
                Act (21 U.S.C. 1014(c)).
            (2) Remedies not exclusive.--Subject to paragraph (1), the 
        remedies provided in this section may be in addition to, and 
        not exclusive of, other remedies that may be available.
    (c) Judicial Review.--
            (1) In general.--An order assessing a civil penalty under 
        subsection (a) shall be a final order unless the person--
                    (A) not later than 30 days after the effective date 
                of the order, files a petition for judicial review of 
                the order in the United States court of appeals for the 
                circuit in which that person resides or has its 
                principal place of business or the United States Court 
                of Appeals for the District of Columbia; and
                    (B) simultaneously serves a copy of the petition by 
                certified mail to the Administrator.
            (2) Filing of record.--Not later than 45 days after the 
        service of a copy of the petition under paragraph (1)(B), the 
        Administrator shall file in the court a certified copy of the 
        administrative record upon which the order was issued.
            (3) Standard of review.--The findings of the Administrator 
        relating to the order shall be set aside only if found to be 
        unsupported by substantial evidence on the record as a whole.
    (d) Collection Actions for Failure To Pay.--
            (1) In general.--If any person fails to pay a civil penalty 
        assessed under subsection (a) after the order assessing the 
        penalty has become a final order, or after the court of appeals 
        described in subsection (c) has entered final judgment in favor 
        of the Administrator, the Administrator shall refer the matter 
        to the Attorney General, who shall institute in a United States 
        district court of competent jurisdiction a civil action to 
        recover the amount assessed.
            (2) Limitation on review.--In a civil action under 
        paragraph (1), the validity and appropriateness of the order of 
        the Administrator assessing the civil penalty shall not be 
        subject to judicial review.
    (e) Penalties Paid Into Account.--The Administrator--
            (1) shall deposit penalties collected under this section in 
        an account in the Treasury; and
            (2) may use the funds in the account, without further 
        appropriation or fiscal year limitation--
                    (A) to carry out enforcement activities under the 
                food safety law; or
                    (B) to provide assistance to States to inspect 
                retail commercial food establishments or other food or 
                firms under the jurisdiction of State food safety 
                programs.
    (f) Effective Date.--This section shall apply to violations 
committed on or after the date of the enactment of this Act.

                       TITLE III--IMPLEMENTATION

SEC. 301. DEFINITION OF TRANSITIONAL PERIOD.

    For purposes of this title, the term ``transition period'' means 
the 12-month period beginning on the effective date of this Act.

SEC. 302. REORGANIZATION PLAN.

    (a) Submission of Plan.--Not later than 180 days after the 
effective date of this Act, the President shall transmit to the 
appropriate congressional committees a reorganization plan regarding 
the following:
            (1) The transfer of agencies, personnel, assets, and 
        obligations to the Administration pursuant to this Act.
            (2) Any consolidation, reorganization, or streamlining of 
        agencies transferred to the Administration pursuant to this 
        Act.
    (b) Plan Elements.--The plan transmitted under subsection (a) shall 
contain, consistent with this Act, such elements as the President 
determines appropriate, including the following:
            (1) Identification of any functions of agencies designated 
        to be transferred to the Administration pursuant to this Act 
        that will not be transferred to the Administration under the 
        plan.
            (2) Specification of the steps to be taken by the 
        Administrator to organize the Administration, including the 
        delegation or assignment of functions transferred to the 
        Administration among the officers of the Administration in 
        order to permit the Administration to carry out the functions 
        transferred under the plan.
            (3) Specification of the funds available to each agency 
        that will be transferred to the Administration as a result of 
        transfers under the plan.
            (4) Specification of the proposed allocations within the 
        Administration of unexpended funds transferred in connection 
        with transfers under the plan.
            (5) Specification of any proposed disposition of property, 
        facilities, contracts, records, and other assets and 
        obligations of agencies transferred under the plan.
            (6) Specification of the proposed allocations within the 
        Administration of the functions of the agencies and 
        subdivisions that are not related directly to ensuring the 
        safety of food.
    (c) Modification of Plan.--The President may, on the basis of 
consultations with the appropriate congressional committees, modify, or 
revise any part of the plan until that part of the plan becomes 
effective in accordance with subsection (d).
    (d) Effective Date.--
            (1) In general.--The reorganization plan described in this 
        section, including any modifications or revisions of the plan 
        under subsection (c), shall become effective for an agency on 
        the earlier of--
                    (A) the date specified in the plan (or the plan as 
                modified pursuant to subsection (c)), except that such 
                date may not be earlier than 90 days after the date the 
                President has transmitted the reorganization plan to 
                the appropriate congressional committees pursuant to 
                subsection (a); or
                    (B) the end of the transition period.
            (2) Statutory construction.--Nothing in this subsection may 
        be construed to require the transfer of functions, personnel, 
        records, balances of appropriations, or other assets of an 
        agency on a single date.
            (3) Supercedes existing law.--Paragraph (1) shall apply 
        notwithstanding section 905(b) of title 5, United States Code.

SEC. 303. TRANSITIONAL AUTHORITIES.

    (a) Provision of Assistance by Officials.--Until the transfer of an 
agency to the Administration, any official having authority over or 
function relating to the agency immediately before the effective date 
of this Act shall provide the Administrator such assistance, including 
the use of personnel and assets, as the Administrator may request in 
preparing for the transfer and integration of the agency to the 
Administration.
    (b) Services and Personnel.--During the transition period, upon the 
request of the Administrator, the head of any executive agency may, on 
a reimbursable basis, provide services or detail personnel to assist 
with the transition.
    (c) Acting Officials.--
            (1) In general.--During the transition period, pending the 
        advice and consent of the Senate to the appointment of an 
        officer required by this Act to be appointed by and with such 
        advice and consent, the President may designate any officer 
        whose appointment was required to be made by and with such 
        advice and consent and who was such an officer immediately 
        before the effective date of this Act (and who continues to be 
        in office) or immediately before such designation, to act in 
        such office until the same is filled as provided in this Act.
            (2) Compensation.--While acting pursuant to paragraph (1), 
        such officers shall receive compensation at the higher of--
                    (A) the rates provided by this Act for the 
                respective offices in which they act; or
                    (B) the rates provided for the offices held at the 
                time of designation.
            (3) Limitation.--Nothing in this Act shall be construed to 
        require the advice and consent of the Senate to the appointment 
        by the President to a position in the Administration of any 
        officer whose agency is transferred to the Administration 
        pursuant to this Act and whose duties following such transfer 
        are germane to those performed before such transfer.
    (d) Transfer of Personnel, Assets, Obligations, and Function.--
            (1) In general.--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.
            (2) Unexpended funds.--Unexpended funds transferred under 
        this subsection shall be used by the Administration only for 
        the purposes for which the funds were originally authorized and 
        appropriated.

SEC. 304. SAVINGS PROVISIONS.

    (a) Completed Administrative Actions.--The enactment of this Act or 
the transfer of functions under this Act shall not affect any order, 
determination, rule, regulation, permit, personnel action, 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.
    (b) Pending Proceedings.--Subject to the authority of the 
Administrator under this Act--
            (1) pending proceedings in an agency, including notices of 
        proposed rulemaking, and applications for licenses, permits, 
        certificates, grants, and financial assistance, shall continue 
        notwithstanding the enactment of this Act or the transfer of 
        the agency to the Administration, unless discontinued or 
        modified under the same terms and conditions and to the same 
        extent that such discontinuance could have occurred if such 
        enactment or transfer had not occurred; and
            (2) orders issued in such proceedings, and appeals 
        therefrom, and payments made pursuant to such orders, shall 
        issue in the same manner on the same terms as if this Act had 
        not been enacted or the agency had not been transferred, and 
        any such order shall continue in effect until amended, 
        modified, superceded, terminated, set aside, or revoked by an 
        officer of the United States or a court of competent 
        jurisdiction, or by operation of law.
    (c) Pending Civil Actions.--Subject to the authority of the 
Administrator under this Act, any civil action commenced with regard to 
that agency pending before that agency on the day before the transfer 
date with respect to the transferred functions shall continue 
notwithstanding the enactment of this Act or the transfer of an agency 
to the Administration.
    (d) References.--
            (1) In general.--After the transfer of functions from a 
        Federal agency under this Act, any reference in any other 
        Federal law, Executive order, rule, regulation, directive, 
        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.
            (2) Statutory reporting requirements.--Statutory reporting 
        requirements that applied in relation to such an agency 
        immediately before the effective date of this Act shall 
        continue to apply following such transfer if they refer to the 
        agency by name.

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsection (b), there are authorized to 
be appropriated such sums as are necessary to carry out this Act.
    (b) 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 identified in section 102(b) for the purpose 
        of administering or enforcing the food safety law, if such 
        appropriations have been made before the date of the enactment 
        of this Act; or
            (2) the amount appropriated for those agencies for that 
        purpose for the preceding fiscal year, if, as of the effective 
        date of this Act, appropriations for those agencies for the 
        fiscal year that includes the effective date have not yet been 
        made.
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