(2) POWERS.—The powers conferred by sec-
tions 9 and 10 of the Federal Trade Commission 
Act (15 U.S.C. 49 and 50) on the United States dis-
trict courts may be exercised for the purposes of this 
chapter by any United States district court of com-
petent jurisdiction. 
SEC. 409. CITIZEN CIVIL ACTIONS. 
(a) CIVIL ACTIONS.—A person may commence a civil 
action against— 
(1) a person that violates a regulation (includ-
ing a regulation establishing a performance stand-
ard), order, or other action of the Administrator to 
ensure the safety of food; or 
(2) the Administrator (in his or her capacity as 
the Administrator), if the Administrator fails to per-
form an act or duty to ensure the safety of food that 
is not discretionary under the food safety law. 
(b) COURT.— 
(1) IN
GENERAL.—The action shall be com-
menced in the United States district court for the 
district in which the defendant resides, is found, or 
has an agent. 
(2) JURISDICTION.—The court shall have juris-
diction, without regard to the amount in con-
troversy, or the citizenship of the parties, to enforce 
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a regulation (including a regulation establishing a 
performance standard), order, or other action of the 
Administrator, or to order the Administrator to per-
form the act or duty. 
(3) DAMAGES.—The court may— 
(A) award damages, in the amount of dam-
ages actually sustained; and 
(B) if the court determines it to be in the 
interest of justice, award the plaintiff the costs 
of suit, including reasonable attorney’s fees, 
reasonable expert witness fees, and penalties. 
(c) REMEDIES NOT EXCLUSIVE.—The remedies pro-
vided for in this section shall be in addition to, and not 
exclusive of, other remedies that may be available. 
TITLE V—IMPLEMENTATION 
SEC. 501. DEFINITION. 
For purposes of this title, the term ‘‘transition pe-
riod’’ means the 12-month period beginning on the effec-
tive date of this Act. 
SEC. 502. 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 re-
organization plan regarding the following: 
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(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 Adminis-
tration 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, includ-
ing 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, in-
cluding the delegation or assignment of functions 
transferred to the Administration among the officers 
of the Administration in order to permit the Admin-
istration 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. 
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(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 as-
sets 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 di-
rectly to ensuring the safety of food. 
(c) MODIFICATION OF PLAN.—The President may, 
on the basis of consultations with the appropriate congres-
sional 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 de-
scribed 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 
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90 days after the date the President has trans-
mitted the reorganization plan to the appro-
priate 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. 503. 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 transi-
tion period, upon the request of the Administrator, the 
head of any executive agency may, on a reimbursable 
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basis, provide services or detail personnel to assist with 
the transition. 
(c) ACTING OFFICIALS.— 
(1) IN
GENERAL.—During the transition pe-
riod, 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 con-
sent, 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 compensa-
tion 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 po-
sition in the Administration of any officer whose 
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agency is transferred to the Administration pursuant 
to this Act and whose duties following such transfer 
are germane to those performed before such trans-
fer. 
(d) TRANSFER OF PERSONNEL, ASSETS, OBLIGA-
TIONS, AND FUNCTION.— 
(1) IN GENERAL.—Consistent with section 1531 
of title 31, United States Code, the personnel, as-
sets, liabilities, contracts, property, records, and un-
expended balances of appropriations, authorizations, 
allocations, and other funds that relate to the func-
tions transferred under subsection (a) from a Fed-
eral agency shall be transferred to the Administra-
tion. 
(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 appro-
priated. 
SEC. 504. 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 
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