SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Food Safety Administration estab-
lished under section 4.
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of Food Safety ap-
pointed under section 4.
(3) FOOD SAFETY LAWS.—The term ‘‘food safe-
ty 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 Cos-
metic 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; ADMINIS-
TRATOR.—There is established in the executive branch an
agency to be known as the ‘‘Food Safety Administration’’.
The Administration shall be an independent establish-
ment, as defined in section 104 of title 5, United States
Code. The Administration shall be headed by the Adminis-
trator of Food Safety, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
(b) RESPONSIBILITIES.—The Administrator shall ad-
minister and enforce the food safety laws for the protec-
tion of the public health and shall oversee the following
functions of the Administration:
(1) Implementation of Federal food safety in-
spection, 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 safe-
ty research and education programs with other Fed-
eral agencies.
(4) Coordination of the Federal response to
foodborne illness outbreaks with other Federal agen-
cies 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 re-
late to administration or enforcement of the food safety
laws, as determined by the President.
(b) COVERED AGENCIES.—The Federal agencies re-
ferred 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 Administra-
tion 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 per-
sonnel, assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations, al-
locations, 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 Adminis-
trator, 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, li-
cense, registration, privilege, or other administrative
action issued, made, granted, or otherwise in effect
or final with respect to that agency on the day be-
fore 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 func-
tions.
SEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRA-
TION.
(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 Gen-
eral Schedule pay rates.
(b) EXPERTS
AND CONSULTANTS.—The Adminis-
trator 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 ex-
penses 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 Ad-
ministrator 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 ac-
cordance 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 APPROPRIA-
TIONS.
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 the amount appro-
priated for that fiscal year for the Federal agencies de-
scribed in section 5(b) for the purpose of administering
or enforcing the food safety laws. If, as of the effective
date of this Act, appropriations for these agencies have
not yet been made for that fiscal year, then the amount
authorized to be appropriated to carry out this Act for
that fiscal year shall not exceed the amount appropriated
for these agencies for such purpose for the preceding fiscal
year.
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 period as the Presi-
dent may direct in an Executive order.
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