I 

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. 

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 ‘‘Single Food Safety Agency Act of 2010’’. 


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1 (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. 

2 SEC. 2. DEFINITIONS. 

3 In this Act: 

4 (1) ADMINISTRATION.—The term ‘‘Administra5 tion’’ means the Food Safety Administration estab6 lished under section 101(a)(1). 

7 (2) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of Food Safety ap9 pointed under section 101(a)(3). 

10 (3) AGENCY.—The term ‘‘agency’’ has the 

11 meaning given that term in section 551 of title 5, 

12 United States Code. 

13 (4) CONTAMINANT.—The term ‘‘contaminant’’ 

14 includes a bacterium, chemical, natural or manufac15 tured toxin, virus, parasite, prion, physical hazard, 


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1 or other human pathogen that when found on or in 

2 food can cause human illness, injury, or death. 

3 (5) CONTAMINATION.—The term ‘‘contamina4 tion’’ refers to a presence of a contaminant in food. 

5 (6) FOOD.— 

6 (A) IN GENERAL.—The term ‘‘food’’ 

7 means a product intended to be used for food 

8 or drink for a human or an animal. 

9 (B) INCLUSIONS.—The term ‘‘food’’ in10 cludes any product (including a meat food prod11 uct, as defined in section 1(j) of the Federal 

12 Meat Inspection Act (21 U.S.C. 601(j))), capa13 ble for use as human food that is made in whole 

14 or in part from any animal, including cattle, 

15 sheep, swine, or goat, or poultry (as defined in 

16 section 4 of the Poultry Products Inspection 

17 Act (21 U.S.C. 453)), and animal feed. 

18 (C) EXCLUSION.—The term ‘‘food’’ does 

19 not include dietary supplements, as defined in 

20 section 6(ff) of the Federal Food, Drug, and 

21 Cosmetic Act (21 U.S.C. 321(ff)). 

22 (7) FOOD ESTABLISHMENT.— 

23 (A) IN GENERAL.—The term ‘‘food estab24 lishment’’ means a foreign or domestic slaugh25 terhouse, factory, warehouse, or facility that 


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1 processes food or a facility that holds, stores, or 

2 transports food or food ingredients. 

3 (B) EXCLUSIONS.—For the purposes of 

4 registration, the term ‘‘food establishment’’ 

5 does not include a farm, restaurant, other retail 

6 food establishment, nonprofit food establish7 ment in which food is prepared for or served di8 rectly to the consumer, or fishing vessel (other 

9 than a fishing vessel engaged in processing, as 

10 that term is defined in section 123.3 of title 21, 

11 Code of Federal Regulations). 

12 (8) FOOD SAFETY LAW.—The term ‘‘food safety 

13 law’’ means— 

14 (A) the provisions of the Federal Food, 

15 Drug, and Cosmetic Act (21 U.S.C. 301 et 

16 seq.) related to and requiring the safety, label17 ing, and inspection of food, infant formulas, 

18 food additives, pesticide residues, and other 

19 substances present in food under that Act; 

20 (B) the provisions of the Federal Food, 

21 Drug, and Cosmetic Act (21 U.S.C. 301 et 

22 seq.) and of any other Act that are adminis23 tered by the Center for Veterinary Medicine of 

24 the Food and Drug Administration; 


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1 (C) the Poultry Products Inspection Act 

2 (21 U.S.C. 451 et seq.); 

3 (D) the Federal Meat Inspection Act (21 

4 U.S.C. 601 et seq.); 

5 (E) the Egg Products Inspection Act (21 

6 U.S.C. 1031 et seq.); 

7 (F) the Sanitary Food Transportation Act 

8 of 1990 (49 U.S.C. App. 2801 et seq.); 

9 (G) the provisions enacted by the Sanitary 

10 Food Transportation Act of 2005 (subtitle B of 

11 title VII of Public Law 109–59); 

12 (H) the provisions of the Humane Methods 

13 of Slaughter Act of 1978 (Public Law 95–448) 

14 administered by the Food Safety and Inspection 

15 Service; 

16 (I) the provisions of this Act; and 

17 (J) such other provisions of law related to 

18 and requiring food safety, labeling, inspection, 

19 and enforcement as the President designates by 

20 Executive order as appropriate to include within 

21 the jurisdiction of the Administration. 

22 (9) PROCESS.—The term ‘‘process’’ or ‘‘proc23 essing’’ means the commercial harvesting, slaughter, 

24 packing, preparation, or manufacture of food. 


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1 (10) STATE.—The term ‘‘State’’ means any of 

2 the 50 States, the District of Columbia, the Com3 monwealth of Puerto Rico, and any other territory 

4 or possessions of the United States. 

5 TITLE I—ESTABLISHMENT OF 

6 FOOD SAFETY ADMINISTRATION 

7 SEC. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRA8 TION. 

9 (a) ESTABLISHMENT.— 

10 (1) IN GENERAL.—There is established in the 

11 executive branch an agency to be known as the 

12 ‘‘Food Safety Administration’’. 

13 (2) STATUS.—The Administration shall be an 

14 independent establishment (as defined in section 104 

15 of title 5, United States Code). 

16 (3) HEAD OF ADMINISTRATION.—The Adminis17 tration shall be headed by the Administrator of Food 

18 Safety, who shall be appointed by the President, by 

19 and with the advice and consent of the Senate. 

20 (b) DUTIES OF ADMINISTRATOR.—The Adminis21 trator shall— 

22 (1) administer and enforce the food safety law; 

23 (2) serve as a representative to international 

24 food safety bodies and discussions; 

25 (3) oversee the— 


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1 (A) implementation of Federal food safety 

2 inspection, enforcement, and research efforts 

3 for the purpose of protecting the public health; 

4 (B) development of consistent and science5 based standards for food safety; 

6 (C) prioritization of Federal food safety ef7 forts and deployment of Federal food safety re8 sources to achieve the greatest possible benefit 

9 in reducing food-borne illness; 

10 (D) coordination and prioritization of food 

11 safety research and education programs with 

12 other Federal agencies; 

13 (E) coordination of the Federal response to 

14 food-borne illness outbreaks with other Federal 

15 and State agencies; and 

16 (F) integration of Federal food safety ac17 tivities with State and local agencies and tribal 

18 governments; and 

19 (4) promulgate regulations as necessary and ap20 propriate to perform the duties under this subsection 

21 and to secure the food supply from all forms of con22 tamination, including intentional contamination. 

23 (c) CONFORMING AMENDMENT.—Section 5313 of 

24 title 5, United States Code, is amended by inserting at 

25 the end the following new item: 


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1 ‘‘Administrator of Food Safety.’’. 

2 SEC. 102. CONSOLIDATION OF SEPARATE FOOD SAFETY 

3 AND INSPECTION SERVICES AND AGENCIES. 

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

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

6 to the Administration all functions that the head of the 

7 Federal agency exercised on the day before the effective 

8 date of this Act (including all related functions of any offi9 cer or employee of the Federal agency) that relate to ad10 ministration or enforcement of the food safety law, as de11 termined by the President. 

12 (b) TRANSFERRED AGENCIES.—The Federal agen13 cies referred to in subsection (a) are— 

14 (1) the Food Safety and Inspection Service of 

15 the Department of Agriculture; 

16 (2) the Center for Food Safety and Applied Nu17 trition of the Food and Drug Administration; 

18 (3) the part of the Agriculture Marketing Serv19 ice that administers shell egg surveillance services 

20 established under the Egg Products Inspection Act 

21 (21 U.S.C. 1031 et seq.); 

22 (4) the resources and facilities of the Office of 

23 Regulatory Affairs of the Food and Drug Adminis24 tration, to the extent that such resources and facili25 ties are for the purpose of administering and conVerDate Mar 15 2010 02:23 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6552.IH H6552

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1 ducting inspections of food establishments and im2 ports; 

3 (5) the resources and facilities of the Office of 

4 the Commissioner of the Food and Drug Adminis5 tration, to the extent such resources and facilities 

6 support— 

7 (A) the Center for Food Safety and Ap8 plied Nutrition; 

9 (B) the Center for Veterinary Medicine; 

10 and 

11 (C) the facilities and resources of the Of12 fice of Regulatory Affairs described in para13 graph (4); 

14 (6) the Center for Veterinary Medicine of the 

15 Food and Drug Administration; 

16 (7) the resources and facilities of the Environ17 mental Protection Agency, to the extent such re18 sources and facilities are for the purpose of control19 ling and regulating pesticide residues in food; 

20 (8) the part of the Research, Education, and 

21 Economics mission area of the Department of Agri22 culture related to food safety and animal feed re23 search; 

24 (9) the part of the National Marine Fisheries 

25 Service of the National Oceanic and Atmospheric 


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1 Administration of the Department of Commerce that 

2 administers the seafood inspection program; 

3 (10) the Animal and Plant Inspection Health 

4 Service of the Department of Agriculture; and 

5 (11) such other offices, services, or agencies as 

6 the President designates by Executive order to carry 

7 out this Act. 

8 SEC. 103. ADDITIONAL DUTIES OF THE ADMINISTRATION. 

9 (a) OFFICERS AND EMPLOYEES.—The Administrator 

10 may— 

11 (1) appoint officers and employees for the Ad12 ministration in accordance with the provisions of 

13 title 5, United States Code, relating to appointment 

14 in the competitive service; and 

15 (2) fix the compensation of those officers and 

16 employees in accordance with chapter 51 and with 

17 subchapter III of chapter 53 of that title, relating to 

18 classification and General Schedule pay rates. 

19 (b) EXPERTS AND CONSULTANTS.—The Adminis20 trator may— 

21 (1) procure the services of temporary or inter22 mittent experts and consultants as authorized by 

23 section 3109 of title 5, United States Code; and 

24 (2) pay in connection with those services the 

25 travel expenses of the experts and consultants, inVerDate Mar 15 2010 02:23 Dec 20, 2010 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6552.IH H6552

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1 cluding transportation and per diem in lieu of sub2 sistence while away from the homes or regular 

3 places of business of the individuals, as authorized 

4 by section 5703 of that title. 

5 (c) BUREAUS, OFFICES, AND DIVISIONS.—The Ad6 ministrator may establish within the Administration such 

7 bureaus, offices, and divisions as the Administrator deter8 mines are necessary to perform the duties of the Adminis9 trator. 

10 (d) ADVISORY COMMITTEES.— 

11 (1) IN GENERAL.—The Administrator shall es12 tablish advisory committees that consist of rep13 resentatives of scientific expert bodies, academics, 

14 industry specialists, and consumers. 

15 (2) DUTIES.—The duties of an advisory com16 mittee established under paragraph (1) may include 

17 developing recommendations for the development of 

18 new processes, research, communications, perform19 ance standards, and inspection that relate to food 

20 safety. 

21 TITLE II—ADMINISTRATION AND 

22 ENFORCEMENT 

23 SEC. 201. ADMINISTRATION OF NATIONAL PROGRAM. 

24 (a) IN GENERAL.—The Administrator shall— 


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1 (1) administer a national food safety program 

2 (referred to in this section as the ‘‘program’’) to 

3 protect public health; and 

4 (2) ensure that persons who produce or process 

5 food comply with Federal laws and regulations to 

6 prevent or minimize food safety hazards related to 

7 their products. 

8 (b) COMPREHENSIVE ANALYSIS.— 

9 (1) INITIAL ANALYSIS.—Not later than one 

10 year after the date of the enactment of this Act, the 

11 Administrator shall conduct a comprehensive anal12 ysis of the hazards associated with different food 

13 and with the processing of different food, including 

14 the identification and evaluation of— 

15 (A) the severity of the potential health 

16 risks; 

17 (B) the sources and specific points of po18 tential contamination in the food supply chain 

19 that may render food unsafe; 

20 (C) the potential for persistence, mul21 tiplication, or concentration of naturally occur22 ring or added contaminants in food; 

23 (D) opportunities across the food produc24 tion, processing, distribution, and retail system 

25 to reduce potential health risks; and 


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1 (E) opportunities for intentional contami2 nation. 

3 (2) UPDATES.—The administrator shall update 

4 the analysis under paragraph (1) on an annual 

5 basis. 

6 (c) PROGRAM DEVELOPMENT AND IMPLEMENTA7 TION.— 

8 (1) USE OF ANALYSIS RESULTS.—In developing 

9 the program, the Administrator shall take into ac10 count the results of the analysis under subsection 

11 (b). 

12 (2) PROGRAM ELEMENTS.—In carrying out the 

13 program, the Administrator shall— 

14 (A) adopt and implement a national sys15 tem for the registration of food establishments 

16 and regular unannounced inspection of food es17 tablishments; 

18 (B) revise such system, as necessary, based 

19 on updates to the analysis under subsection 

20 (b)(1); 

21 (C) enforce the adoption of process con22 trols in food establishments, based on best 

23 available scientific and public health consider24 ations and best available technologies; 


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1 (D) establish and enforce science-based 

2 standards for— 

3 (i) limiting the presence of contami4 nants in food; and 

5 (ii) safety and sanitation in the proc6 essing and handling of food; 

7 (E) conduct, on an ongoing basis, a statis8 tically valid sampling program to ensure that— 

9 (i) food industry programs and proce10 dures that prevent food contamination are 

11 effective; and 

12 (ii) food meets the standards estab13 lished under this Act; 

14 (F) implement procedures and require15 ments to ensure the safety and security of im16 ported food; 

17 (G) coordinate with other agencies and 

18 State or local governments in carrying out the 

19 inspection, enforcement, research, and moni20 toring of food establishments required by Fed21 eral food safety laws; 

22 (H) use data made available under sub23 section (d) to— 

24 (i) assess the health risks associated 

25 with the human consumption of food; and 


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1 (ii) evaluate the need for additional 

2 surveillance data and studies. 

3 (I) develop public education risk commu4 nication and advisory programs; 

5 (J) implement a basic and applied research 

6 program to further the purposes of this Act; 

7 and 

8 (K) coordinate and prioritize food safety 

9 research and educational programs with other 

10 agencies, including State or local agencies. 

11 (d) AVAILABILITY OF DATA.—Upon the request of 

12 the Administrator, the head of that department or agency 

13 of the United States shall provide the Administrator with 

14 access to data which is necessary to enable the Adminis15 trator to carry out the Administrator’s responsibilities 

16 under Act. Such data includes surveillance data from the 

17 Centers for Disease Control and Prevention. 

18 SEC. 202. CRIMINAL PENALTIES. 

19 Section 303(a) of the Federal Food, Drug, and Cos20 metic Act (21 U.S.C. 333(a)) is amended— 

21 (1) in paragraph (1), by striking ‘‘Any’’ and in22 serting ‘‘Except as provided in paragraph (2) or (3), 

23 any’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(3) Notwithstanding paragraph (1) of this sec2 tion, any person who knowingly violates paragraph 

3 (a), (b), (c), (k), or (v) of section 301 with respect 

4 to any food that is misbranded or adulterated shall 

5 be imprisoned for not more than 10 years or fined 

6 in accordance with title 18, United States Code, or 

7 both.’’. 

8 SEC. 203. CIVIL PENALTIES FOR VIOLATIONS. 

9 (a) IN GENERAL.— 

10 (1) VIOLATIONS.—Subject to subsection (b)(1), 

11 any person who violates the food safety law (includ12 ing a regulation promulgated or order issued under 

13 a Federal food safety law) shall be subject to a civil 

14 monetary penalty, for each such violation, of not 

15 more than— 

16 (A) in the case of an individual, $20,000, 

17 not to exceed $50,000 for all such violations ad18 judicated in a single proceeding; and 

19 (B) in the case of any other person 

20 $250,000, not to exceed $1,000,000 for all such 

21 violations adjudicated in a single proceeding. 

22 (2) KNOWING VIOLATIONS.—Subject to sub23 section (b)(1), any person who knowingly violates 

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1 tary penalty, for each such violation, of not more 

2 than— 

3 (A) in the case of an individual, $50,000, 

4 not to exceed $100,000 for all such violations 

5 adjudicated in a single proceeding; and 

6 (B) in the case of any other person, 

7 $500,000, not to exceed $7,500,000 for all such 

8 violations adjudicated in a single proceeding. 

9 (3) SEPARATE VIOLATIONS.—For purposes of 

10 paragraphs (1) and (2), each day during which a 

11 violation of the food safety law continues shall be 

12 considered to be a separate violation. 

13 (b) TREATMENT OF OTHER APPLICABLE PEN14 ALTIES.— 

15 (1) EXCEPTIONS.—Notwithstanding subsection 

16 (a), with respect to a violation, a person shall not be 

17 subject to a civil monetary penalty under this section 

18 if such person is subject to a civil monetary penalty 

19 under— 

20 (A) section 303(f)(2) of the Federal Food, 

21 Drug, and Cosmetic Act (21 U.S.C. 333(f)(2)) 

22 for the same violation; or 

23 (B) section 12(c) of the Egg Products In24 spection Act (21 U.S.C. 1014(c)). 


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1 (2) REMEDIES NOT EXCLUSIVE.—Subject to 

2 paragraph (1), the remedies provided in this section 

3 may be in addition to, and not exclusive of, other 

4 remedies that may be available. 

5 (c) JUDICIAL REVIEW.— 

6 (1) IN GENERAL.—An order assessing a civil 

7 penalty under subsection (a) shall be a final order 

8 unless the person— 

9 (A) not later than 30 days after the effec10 tive date of the order, files a petition for judi11 cial review of the order in the United States 

12 court of appeals for the circuit in which that 

13 person resides or has its principal place of busi14 ness or the United States Court of Appeals for 

15 the District of Columbia; and 

16 (B) simultaneously serves a copy of the pe17 tition by certified mail to the Administrator. 

18 (2) FILING OF RECORD.—Not later than 45 

19 days after the service of a copy of the petition under 

20 paragraph (1)(B), the Administrator shall file in the 

21 court a certified copy of the administrative record 

22 upon which the order was issued. 

23 (3) STANDARD OF REVIEW.—The findings of 

24 the Administrator relating to the order shall be set 


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1 aside only if found to be unsupported by substantial 

2 evidence on the record as a whole. 

3 (d) COLLECTION ACTIONS FOR FAILURE TO PAY.— 

4 (1) IN GENERAL.—If any person fails to pay a 

5 civil penalty assessed under subsection (a) after the 

6 order assessing the penalty has become a final order, 

7 or after the court of appeals described in subsection 

8 (c) has entered final judgment in favor of the Ad9 ministrator, the Administrator shall refer the matter 

10 to the Attorney General, who shall institute in a 

11 United States district court of competent jurisdic12 tion a civil action to recover the amount assessed. 

13 (2) LIMITATION ON REVIEW.—In a civil action 

14 under paragraph (1), the validity and appropriate15 ness of the order of the Administrator assessing the 

16 civil penalty shall not be subject to judicial review. 

17 (e) PENALTIES PAID INTO ACCOUNT.—The Adminis18 trator— 

19 (1) shall deposit penalties collected under this 

20 section in an account in the Treasury; and 

21 (2) may use the funds in the account, without 

22 further appropriation or fiscal year limitation— 

23 (A) to carry out enforcement activities 

24 under the food safety law; or 


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1 (B) to provide assistance to States to in2 spect retail commercial food establishments or 

3 other food or firms under the jurisdiction of 

4 State food safety programs. 

5 (f) EFFECTIVE DATE.—This section shall apply to 

6 violations committed on or after the date of the enactment 

7 of this Act. 

8 TITLE III—IMPLEMENTATION 

9 SEC. 301. DEFINITION OF TRANSITIONAL PERIOD. 

10 For purposes of this title, the term ‘‘transition pe11 riod’’ means the 12-month period beginning on the effec12 tive date of this Act. 

13 SEC. 302. REORGANIZATION PLAN. 

14 (a) SUBMISSION OF PLAN.—Not later than 180 days 

15 after the effective date of this Act, the President shall 

16 transmit to the appropriate congressional committees a re17 organization plan regarding the following: 

18 (1) The transfer of agencies, personnel, assets, 

19 and obligations to the Administration pursuant to 

20 this Act. 

21 (2) Any consolidation, reorganization, or 

22 streamlining of agencies transferred to the Adminis23 tration pursuant to this Act. 

24 (b) PLAN ELEMENTS.—The plan transmitted under 

25 subsection (a) shall contain, consistent with this Act, such 


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1 elements as the President determines appropriate, includ2 ing the following: 

3 (1) Identification of any functions of agencies 

4 designated to be transferred to the Administration 

5 pursuant to this Act that will not be transferred to 

6 the Administration under the plan. 

7 (2) Specification of the steps to be taken by the 

8 Administrator to organize the Administration, in9 cluding the delegation or assignment of functions 

10 transferred to the Administration among the officers 

11 of the Administration in order to permit the Admin12 istration to carry out the functions transferred 

13 under the plan. 

14 (3) Specification of the funds available to each 

15 agency that will be transferred to the Administration 

16 as a result of transfers under the plan. 

17 (4) Specification of the proposed allocations 

18 within the Administration of unexpended funds 

19 transferred in connection with transfers under the 

20 plan. 

21 (5) Specification of any proposed disposition of 

22 property, facilities, contracts, records, and other as23 sets and obligations of agencies transferred under 

24 the plan. 


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1 (6) Specification of the proposed allocations 

2 within the Administration of the functions of the 

3 agencies and subdivisions that are not related di4 rectly to ensuring the safety of food. 

5 (c) MODIFICATION OF PLAN.—The President may, 

6 on the basis of consultations with the appropriate congres7 sional committees, modify, or revise any part of the plan 

8 until that part of the plan becomes effective in accordance 

9 with subsection (d). 

10 (d) EFFECTIVE DATE.— 

11 (1) IN GENERAL.—The reorganization plan de12 scribed in this section, including any modifications 

13 or revisions of the plan under subsection (c), shall 

14 become effective for an agency on the earlier of— 

15 (A) the date specified in the plan (or the 

16 plan as modified pursuant to subsection (c)), 

17 except that such date may not be earlier than 

18 90 days after the date the President has trans19 mitted the reorganization plan to the appro20 priate congressional committees pursuant to 

21 subsection (a); or 

22 (B) the end of the transition period. 

23 (2) STATUTORY CONSTRUCTION.—Nothing in 

24 this subsection may be construed to require the 

25 transfer of functions, personnel, records, balances of 


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1 appropriations, or other assets of an agency on a 

2 single date. 

3 (3) SUPERCEDES EXISTING LAW.—Paragraph 

4 (1) shall apply notwithstanding section 905(b) of 

5 title 5, United States Code. 

6 SEC. 303. TRANSITIONAL AUTHORITIES. 

7 (a) PROVISION OF ASSISTANCE BY OFFICIALS.— 

8 Until the transfer of an agency to the Administration, any 

9 official having authority over or function relating to the 

10 agency immediately before the effective date of this Act 

11 shall provide the Administrator such assistance, including 

12 the use of personnel and assets, as the Administrator may 

13 request in preparing for the transfer and integration of 

14 the agency to the Administration. 

15 (b) SERVICES AND PERSONNEL.—During the transi16 tion period, upon the request of the Administrator, the 

17 head of any executive agency may, on a reimbursable 

18 basis, provide services or detail personnel to assist with 

19 the transition. 

20 (c) ACTING OFFICIALS.— 

21 (1) IN GENERAL.—During the transition pe22 riod, pending the advice and consent of the Senate 

23 to the appointment of an officer required by this Act 

24 to be appointed by and with such advice and con25 sent, the President may designate any officer whose 


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1 appointment was required to be made by and with 

2 such advice and consent and who was such an officer 

3 immediately before the effective date of this Act 

4 (and who continues to be in office) or immediately 

5 before such designation, to act in such office until 

6 the same is filled as provided in this Act. 

7 (2) COMPENSATION.—While acting pursuant to 

8 paragraph (1), such officers shall receive compensa9 tion at the higher of— 

10 (A) the rates provided by this Act for the 

11 respective offices in which they act; or 

12 (B) the rates provided for the offices held 

13 at the time of designation. 

14 (3) LIMITATION.—Nothing in this Act shall be 

15 construed to require the advice and consent of the 

16 Senate to the appointment by the President to a po17 sition in the Administration of any officer whose 

18 agency is transferred to the Administration pursuant 

19 to this Act and whose duties following such transfer 

20 are germane to those performed before such trans21 fer. 

22 (d) TRANSFER OF PERSONNEL, ASSETS, OBLIGA23 TIONS, AND FUNCTION.— 

24 (1) IN GENERAL.—Consistent with section 1531 

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1 sets, liabilities, contracts, property, records, and un2 expended balances of appropriations, authorizations, 

3 allocations, and other funds that relate to the func4 tions transferred under subsection (a) from a Fed5 eral agency shall be transferred to the Administra6 tion. 

7 (2) UNEXPENDED FUNDS.—Unexpended funds 

8 transferred under this subsection shall be used by 

9 the Administration only for the purposes for which 

10 the funds were originally authorized and appro11 priated. 

12 SEC. 304. SAVINGS PROVISIONS. 

13 (a) COMPLETED ADMINISTRATIVE ACTIONS.—The 

14 enactment of this Act or the transfer of functions under 

15 this Act shall not affect any order, determination, rule, 

16 regulation, permit, personnel action, agreement, grant, 

17 contract, certificate, license, registration, privilege, or 

18 other administrative action issued, made, granted, or oth19 erwise in effect or final with respect to that agency on 

20 the day before the transfer date with respect to the trans21 ferred functions. 

22 (b) PENDING PROCEEDINGS.—Subject to the author23 ity of the Administrator under this Act— 

24 (1) pending proceedings in an agency, including 

25 notices of proposed rulemaking, and applications for 


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1 licenses, permits, certificates, grants, and financial 

2 assistance, shall continue notwithstanding the enact3 ment of this Act or the transfer of the agency to the 

4 Administration, unless discontinued or modified 

5 under the same terms and conditions and to the 

6 same extent that such discontinuance could have oc7 curred if such enactment or transfer had not oc8 curred; and 

9 (2) orders issued in such proceedings, and ap10 peals therefrom, and payments made pursuant to 

11 such orders, shall issue in the same manner on the 

12 same terms as if this Act had not been enacted or 

13 the agency had not been transferred, and any such 

14 order shall continue in effect until amended, modi15 fied, superceded, terminated, set aside, or revoked by 

16 an officer of the United States or a court of com17 petent jurisdiction, or by operation of law. 

18 (c) PENDING CIVIL ACTIONS.—Subject to the author19 ity of the Administrator under this Act, any civil action 

20 commenced with regard to that agency pending before 

21 that agency on the day before the transfer date with re22 spect to the transferred functions shall continue notwith23 standing the enactment of this Act or the transfer of an 

24 agency to the Administration. 

25 (d) REFERENCES.— 


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1 (1) IN GENERAL.—After the transfer of func2 tions from a Federal agency under this Act, any ref3 erence in any other Federal law, Executive order, 

4 rule, regulation, directive, document, or other mate5 rial to that Federal agency or the head of that agen6 cy in connection with the administration or enforce7 ment of the food safety laws shall be deemed to be 

8 a reference to the Administration or the Adminis9 trator, respectively. 

10 (2) STATUTORY REPORTING REQUIREMENTS.— 

11 Statutory reporting requirements that applied in re12 lation to such an agency immediately before the ef13 fective date of this Act shall continue to apply fol14 lowing such transfer if they refer to the agency by 

15 name. 

16 SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—Subject to subsection (b), there 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this Act. 

20 (b) LIMITATION ON AUTHORIZATION OF APPROPRIA21 TIONS.—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 identified in section 102(b) 


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1 for the purpose of administering or enforcing the 

2 food safety law, if such appropriations have been 

3 made before the date of the enactment of this Act; 

4 or 

5 (2) the amount appropriated for those agencies 

6 for that purpose for the preceding fiscal year, if, as 

7 of the effective date of this Act, appropriations for 

8 those agencies for the fiscal year that includes the 

9 effective date have not yet been made. 

Æ 


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