(4) to determine the sources of contamination 
of contaminated food; 
(5) to develop food consumption data; 
(6) to identify ways that animal production 
techniques could improve the safety of the food sup-
ply; and 
(7) to conduct other research that supports the 
purposes of this Act. 
(b) CONTRACT AUTHORITY.—The Administrator may 
enter into contracts and agreements with any State, uni-
versity, Federal Government agency, or person to carry 
out this section. 
TITLE IV—ENFORCEMENT 
SEC. 401. PROHIBITED ACTS. 
It is prohibited—
(1) to manufacture, introduce, deliver for intro-
duction, or receive into interstate commerce any food 
that is adulterated, misbranded, or otherwise unsafe 
for human consumption; 
(2) to adulterate or misbrand any food in inter-
state commerce; 
(3) for a food establishment or foreign food es-
tablishment to fail to register under section 202, or 
to operate without a valid registration;
(4) to refuse to permit access to a food estab-
lishment for the inspection and copying of a record 
as required under section 205(g); 
(5) to fail to establish or maintain any record 
or to make any report as required under section 
205(g); 
(6) to refuse to permit entry to or inspection of 
a food establishment as required under section 205; 
(7) to fail to provide to the Administrator the 
results of a testing or sampling of a food, equip-
ment, or material in contact with contaminated food 
under section 205(h); 
(8) to fail to comply with a provision, regula-
tion, or order of the Administrator under section 
202, 203, 204, or 208; 
(9) to slaughter an animal that is capable for 
use in whole or in part as human food at a food es-
tablishment processing any such food for commerce, 
except in compliance with the food safety law; 
(10) to transfer food in violation of an adminis-
trative detention order under section 402 or to re-
move or alter a required mark or label identifying 
the food as detained; 
(11) to fail to comply with a recall or other 
order under section 403; or
(12) to otherwise violate the food safety law. 
SEC. 402. FOOD DETENTION, SEIZURE, AND CONDEMNA-
TION. 
(a) ADMINISTRATIVE DETENTION OF FOOD.—
(1) EXPANDED
AUTHORITY.—The Adminis-
trator shall have authority under section 304 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
334) to administratively detain and seize any food 
that the Administrator has reason to believe is un-
safe for human consumption, is adulterated or mis-
branded, or otherwise fails to meet the requirements 
of the food safety law. 
(2) DETENTION AUTHORITY.—If, during an in-
spection conducted in accordance with section 205 or 
208, an officer, employee, or agent of the Adminis-
tration making the inspection has reason to believe 
that a domestic food, imported food, or food offered 
for import is unsafe for human consumption, is 
adulterated or misbranded, or otherwise fails to meet 
the requirements of this Act, the officer or employee 
may order the food detained. 
(3) PERIOD OF DETENTION.—
(A) IN GENERAL.—A food may be detained 
for a reasonable period, not to exceed 20 days, 
unless a longer period, not to exceed 30 days,
is necessary for the Administrator to institute a 
seizure action. 
(B) PERISHABLE
FOOD.—The Adminis-
trator shall provide by regulation for procedures 
to institute a seizure action on an expedited 
basis with respect to perishable food. 
(4) SECURITY OF DETAINED FOOD.—
(A) IN GENERAL.—A detention order—
(i) may require that the food be la-
beled or marked as detained; and 
(ii) shall require that the food be re-
moved to a secure facility, if appropriate. 
(B) FOOD
SUBJECT
TO
AN
ORDER.—A 
food subject to a detention order shall not be 
transferred by any person from the place at 
which the food is removed, until released by the 
Administrator or until the expiration of the de-
tention period applicable under the order, 
whichever occurs first. 
(C) DELIVERY OF FOOD.—This subsection 
does not authorize the delivery of a food in ac-
cordance with execution of a bond while the ar-
ticle is subject to the order. 
(b) APPEAL OF DETENTION ORDER.—
(1) IN GENERAL.—A person who would be enti-
tled to be a claimant for a food subject to a deten-
tion order if the food were seized under section 304 
of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 334), may appeal the order to the Adminis-
trator. 
(2) ACTION
BY
THE
ADMINISTRATOR.—Not 
later than 5 days after an appeal is filed under para-
graph (1), the Administrator, after providing an op-
portunity for an informal hearing, shall confirm, 
modify, or terminate the order involved. 
(3) FINAL
AGENCY
ACTION.—Confirmation, 
modification, or termination by the Administrator 
under paragraph (2) shall be considered a final 
agency action for purposes of section 702 of title 5, 
United States Code. 
(4) TERMINATION.—The order shall be consid-
ered to be terminated if, after 5 days, the Adminis-
trator has failed—
(A) to provide an opportunity for an infor-
mal hearing; or 
(B) to confirm, modify, or terminate the 
order. 
(5) EFFECT OF INSTITUTING COURT ACTION.—
If the Administrator initiates an action under sec-
tion 302 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 332) or section 304(a) of that Act 
(21 U.S.C. 334(a)), the process for the appeal of the 
detention order shall terminate. 
(c) CONDEMNATION OF FOOD.—
(1) IN GENERAL.—After confirming a detention 
order, the Administrator may order the food con-
demned. 
(2) DESTRUCTION
OF
FOOD.—Any food con-
demned shall be destroyed under the supervision of 
the Administrator. 
(3) RELEASE OF FOOD.—If the Administrator 
determines that, through reprocessing, relabeling, or 
other action, a detained food can be brought into 
compliance with this Act, the food may be released 
following a determination by the Administrator that 
the relabeling or other action as specified by the Ad-
ministrator has been performed. 
(d) TEMPORARY HOLDS AT PORTS OF ENTRY.—
(1) IN GENERAL.—If an officer or qualified em-
ployee of the Administration has reason to believe 
that a food is unsafe for human consumption, is 
adulterated or misbranded, or otherwise fails to meet 
the requirements of this Act, and the officer or 
qualified employee is unable to inspect, examine, or
investigate the food when the food is offered for im-
port at a port of entry into the United States, the 
officer or qualified employee shall request the Sec-
retary of Homeland Security to hold the food at the 
port of entry for a reasonable period of time, not to 
exceed 24 hours, to enable the Administrator to in-
spect or investigate the food as appropriate. 
(2) REMOVAL TO SECURE FACILITY.—The Ad-
ministrator shall work in coordination with the Sec-
retary of Homeland Security to remove a food held 
in accordance with paragraph (1) to a secure facility 
as appropriate. 
(3) PROHIBITION ON TRANSFER.—During the 
period in which the food is held, the food shall not 
be transferred by any person from the port of entry 
into the United States, or from the secure facility to 
which the food has been removed. 
(4) 
DELIVERY
IN
ACCORDANCE
WITH
A 
BOND.—The delivery of the food in accordance with 
the execution of a bond while the food is held is not 
authorized. 
SEC. 403. NOTIFICATION AND RECALL. 
(a) NOTICE TO ADMINISTRATOR OF VIOLATION.—
(1) IN
GENERAL.—A person (other than a 
household consumer or other individual who is the
(i) processing, distributing, or other-
wise handling the food to immediately 
cease such activities with respect to the 
food; or 
(ii) to which the food has been distrib-
uted, transported, or sold, to immediately 
cease distribution of the food; 
(C) recall the food; 
(D) in conjunction with the Administrator, 
provide notice of the finding of the Adminis-
trator—
(i) to consumers to whom the food 
was, or may have been, distributed; and 
(ii) to State and local public health of-
ficials; or 
(E) take any combination of the measures 
described in this paragraph, as determined by 
the Administrator to be appropriate in the cir-
cumstances. 
(2) MANDATORY
ACTIONS.—If a person re-
ferred to in paragraph (1) refuses to or does not 
adequately carry out the actions described in that 
paragraph within the time period and in the manner 
prescribed by the Administrator, the Administrator 
shall—
(A) have authority to control and possess 
the food, including ordering the shipment of the 
food from the food establishment to the Admin-
istrator—
(i) at the expense of the food estab-
lishment; or 
(ii) in an emergency (as determined 
by the Administrator), at the expense of 
the Administration; and 
(B) by order, require, as the Administrator 
determines to be necessary, the person to imme-
diately—
(i) cease distribution of the food; and 
(ii) notify all persons—
(I) processing, distributing, or 
otherwise handling the food to imme-
diately cease such activities with re-
spect to the food; or 
(II) if the food has been distrib-
uted, transported, or sold, to imme-
diately cease distribution of the food. 
(3) NOTIFICATION TO CONSUMERS BY ADMINIS-
TRATOR.—The Administrator shall, as the Adminis-
trator determines to be necessary, provide notice of
the finding of the Administrator under paragraph 
(1)—
(A) to consumers to whom the food was, or 
may have been, distributed; and 
(B) to State and local public health offi-
cials. 
(4) NONDISTRIBUTION
BY
NOTIFIED
PER-
SONS.—A person that processes, distributes, or oth-
erwise handles the food, or to which the food has 
been distributed, transported, or sold, and that is 
notified under paragraph (1)(B) or (2)(B) shall im-
mediately cease distribution of the food. 
(5) AVAILABILITY
OF
RECORDS
TO
ADMINIS-
TRATOR.—Each person referred to in paragraph (1) 
that processed, distributed, or otherwise handled 
food shall make available to the Administrator infor-
mation necessary to carry out this subsection, as de-
termined by the Administrator, regarding—
(A) persons that processed, distributed, or 
otherwise handled the food; and 
(B) persons to which the food has been 
transported, sold, distributed, or otherwise han-
dled. 
(c) INFORMAL HEARINGS ON ORDERS.—
(1) IN GENERAL.—The Administrator shall pro-
vide any person subject to an order under subsection 
(b) with an opportunity for an informal hearing, to 
be held as soon as practicable but not later than 2 
business days after the issuance of the order. 
(2) SCOPE
OF
THE
HEARING.—In a hearing 
under paragraph (1), the Administrator shall con-
sider the actions required by the order and any rea-
sons why the food that is the subject of the order 
should not be recalled. 
(d) POST-HEARING RECALL ORDERS.—
(1) AMENDMENT
OF
ORDER.—If, after pro-
viding an opportunity for an informal hearing under 
subsection (c), the Administrator determines that 
there is a reasonable probability that the food that 
is the subject of an order under subsection (b), if 
consumed, would present a threat to the public 
health, the Administrator, as the Administrator de-
termines to be necessary, may—
(A) amend the order to require recall of 
the food or other appropriate action; 
(B) specify a timetable in which the recall 
shall occur;
(C) require periodic reports to the Admin-
istrator describing the progress of the recall; 
and 
(D) provide notice of the recall to con-
sumers to whom the food was, or may have 
been, distributed. 
(2) VACATION OF ORDERS.—If, after providing 
an opportunity for an informal hearing under sub-
section (c), the Administrator determines that ade-
quate grounds do not exist to continue the actions 
required by the order, the Administrator shall vacate 
the order. 
(e) REMEDIES NOT EXCLUSIVE.—The remedies pro-
vided in this section shall be in addition to, and not exclu-
sive of, other remedies that may be available. 
SEC. 404. INJUNCTION PROCEEDINGS. 
(a) JURISDICTION.—The district courts of the United 
States, and the United States courts of the territories and 
possessions of the United States, shall have jurisdiction, 
for cause shown, to restrain a violation of section 202, 
203, 204, 207, or 401 (or a regulation promulgated under 
that section). 
(b) TRIAL.—In a case in which violation of an injunc-
tion or restraining order issued under this section also
constitutes a violation of the food safety law, trial shall 
be by the court or, upon demand of the accused, by a jury. 
SEC. 405. CIVIL AND CRIMINAL PENALTIES. 
(a) CIVIL SANCTIONS.—
(1) CIVIL PENALTY.—
(A) IN GENERAL.—Any person that com-
mits an act that violates the food safety law (in-
cluding a regulation promulgated or order 
issued under a Federal food safety law) may be 
assessed a civil penalty by the Administrator of 
not more than $10,000 for each such act. 
(B) SEPARATE
OFFENSE.—Each act de-
scribed in subparagraph (A) and each day dur-
ing which that act continues shall be considered 
a separate offense. 
(2) OTHER REQUIREMENTS.—
(A) WRITTEN ORDER.—The civil penalty 
described in paragraph (1) shall be assessed by 
the Administrator by a written order, which 
shall specify the amount of the penalty and the 
basis for the penalty under subparagraph (B) 
considered by the Administrator. 
(B) AMOUNT
OF
PENALTY.—Subject to 
paragraph (1)(A), the amount of the civil pen-
alty shall be determined by the Administrator, 
after considering—
(i) the gravity of the violation; 
(ii) the degree of culpability of the 
person; 
(iii) the size and type of the business 
of the person; and 
(iv) any history of prior offenses by 
the person under the food safety law. 
(C) REVIEW OF ORDER.—The order may 
be reviewed only in accordance with subsection 
(c). 
(b) CRIMINAL SANCTIONS.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a person that knowingly pro-
duces or introduces into commerce food that is un-
safe for human consumption or otherwise adulter-
ated or misbranded shall be imprisoned for not more 
than 1 year or fined not more than $10,000, or 
both. 
(2) SEVERE VIOLATIONS.—A person that com-
mits a violation described in paragraph (1) after a 
conviction of that person under this section has be-
come final, or commits such a violation with the in-
tent to defraud or mislead, shall be imprisoned for
not more than 3 years or fined not more than 
$100,000, or both. 
(3) EXCEPTION.—No person shall be subject to 
the penalties of this subsection—
(A) for having received, proffered, or deliv-
ered in interstate commerce any food, if the re-
ceipt, proffer, or delivery was made in good 
faith, unless that person refuses to furnish (on 
request of an officer or employee designated by 
the Administrator)—
(i) the name, address and contact in-
formation of the person from whom that 
person purchased or received the food; 
(ii) copies of all documents relating to 
the person from whom that person pur-
chased or received the food; and 
(iii) copies of all documents pertaining 
to the delivery of the food to that person; 
or 
(B) if that person establishes a guaranty 
signed by, and containing the name and address 
of, the person from whom that person received 
in good faith the food, stating that the food is 
not adulterated or misbranded within the mean-
ing of this Act.
(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 effec-
tive date of the order, files a petition for judi-
cial 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 busi-
ness or the United States Court of Appeals for 
the District of Columbia; and 
(B) simultaneously serves a copy of the pe-
tition 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 
(b) has entered final judgment in favor of the Ad-
ministrator, the Administrator shall refer the matter 
to the Attorney General, who shall institute in a 
United States district court of competent jurisdic-
tion a civil action to recover the amount assessed. 
(2) LIMITATION ON REVIEW.—In a civil action 
under paragraph (1), the validity and appropriate-
ness of the order of the Administrator assessing the 
civil penalty shall not be subject to judicial review. 
(e) PENALTIES PAID INTO ACCOUNT.—The Adminis-
trator—
(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 food safety law; or 
(B) to provide assistance to States to in-
spect retail commercial food establishments or 
other food or firms under the jurisdiction of 
State food safety programs. 
(f) DISCRETION OF THE ADMINISTRATOR TO PROS-
ECUTE.—Nothing in this Act requires the Administrator
to report for prosecution, or for the commencement of an 
action, the violation of the food safety law in a case in 
which the Administrator finds that the public interest will 
be adequately served by the assessment of a civil penalty 
under this section. 
(g) REMEDIES NOT EXCLUSIVE.—The remedies pro-
vided in this section may be in addition to, and not exclu-
sive of, other remedies that may be available. 
SEC. 406. PRESUMPTION. 
In any action to enforce the requirements of the food 
safety law, the connection with interstate commerce re-
quired for jurisdiction shall be presumed to exist. 
SEC. 407. WHISTLEBLOWER PROTECTION. 
(a) IN GENERAL.—No employee or inspector of a 
food establishment or other person may be harassed, pros-
ecuted, held liable, or discriminated against in any way 
because that person—
(1) has commenced, caused to be commenced, 
or is about to commence a proceeding, has testified 
or is about to testify at a proceeding, or has assisted 
or participated or is about to assist or participate in 
any manner in a proceeding or other action, to carry 
out the objectives, functions, or responsibilities spec-
ified in the food safety law; or
(2) is refusing to violate or assist in the viola-
tion of a law described in paragraph (1), including 
a regulation issued under that law. 
(b) PROCEDURES.—
(1) IN GENERAL.—A person alleging a violation 
of subsection (a) may file a complaint in accordance 
with section 31105(b) of title 49, United States 
Code. 
(2) ADMINISTRATION.—Except as provided in 
paragraphs (3) and (4), the process, procedures, and 
remedies under subsections (b), (c), and (d) of sec-
tion 31105 of title 49, United States Code, with re-
spect to allegations of violations of subsection (a) of 
that section shall be the process, procedures, and 
remedies that apply with respect to allegations of 
violations of subsection (a). 
(3) ALTERNATIVE PROCESS.—The person filing 
a complaint under paragraph (1) may elect to use an 
alternative dispute resolution procedure, including 
mediation or arbitration, in lieu of the hearing de-
scribed in section 31105(b) of title 49, United States 
Code. 
(4) ADMINISTRATOR.—The powers and duties 
that apply to the Secretary of Labor under section
31105 of title 49, United States Code, shall apply to 
the Administrator under the food safety law. 
(c) BURDENS OF PROOF.—The legal burdens of proof 
with respect to a violation of subsection (a) shall be gov-
erned by the applicable provisions of sections 1214 and 
1221 of title 5, United States Code. 
SEC. 408. ADMINISTRATION AND ENFORCEMENT. 
(a) IN GENERAL.—For the efficient administration 
and enforcement of the food safety law, the provisions (in-
cluding provisions relating to penalties) of sections 6, 8, 
9, and 10 of the Federal Trade Commission Act (15 
U.S.C. 46, 48, 49, and 50) (except subsections (c) through 
(h) of section 6 of that Act), relating to the jurisdiction, 
powers, and duties of the Federal Trade Commission and 
the Attorney General to administer and enforce that Act, 
and to the rights and duties of persons with respect to 
whom the powers are exercised, shall apply to the jurisdic-
tion, powers, and duties of the Administrator and the At-
torney General in administering and enforcing the provi-
sions of the food safety law and to the rights and duties 
of persons with respect to whom the powers are exercised, 
respectively. 
(b) INQUIRIES AND ACTIONS.—
(1) IN GENERAL.—The Administrator, in per-
son or by such agents as the Administrator may des-
ignate, may prosecute any inquiry necessary to carry 
out the duties of the Administrator under the food 
safety law in any part of the United States. 
(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 
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: 
(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. 
(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 intended for 
human consumption. 
(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 
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 
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 
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 
other administrative action issued, made, granted, or oth-
erwise in effect or final with respect to that agency on 
the day before the transfer date with respect to the trans-
ferred functions
(b) PENDING PROCEEDINGS.—Subject to the author-
ity 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 enact-
ment 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 oc-
curred if such enactment or transfer had not oc-
curred; and
(2) orders issued in such proceedings, and ap-
peals 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, modi-
fied, superceded, terminated, set aside, or revoked by 
an officer of the United States or a court of com-
petent jurisdiction, or by operation of law.
(c) PENDING CIVIL ACTIONS.—Subject to the author-
ity 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 re-
spect to the transferred functions shall continue notwith-
standing the enactment of this Act or the transfer of an 
agency to the Administration.
(d) REFERENCES.—
(1) IN GENERAL.—After the transfer of func-
tions from a Federal agency under this Act, any ref-
erence in any other Federal law, Executive order, 
rule, regulation, directive, document, or other mate-
rial to that Federal agency or the head of that agen-
cy in connection with the administration or enforce-
ment of the food safety laws shall be deemed to be 
a reference to the Administration or the Adminis-
trator, respectively.
(2) STATUTORY REPORTING REQUIREMENTS.—
Statutory reporting requirements that applied in re-
lation to such an agency immediately before the ef-
fective date of this Act shall continue to apply fol-
lowing such transfer if they refer to the agency by 
name. 
SEC. 505. CONFORMING AMENDMENTS. 
(a) EXECUTIVE SCHEDULE.—Section 5313 of title 5, 
United States Code, is amended by inserting at the end 
the following new item: 
‘‘Administrator of Food Safety.’’. 
(b) REPEAL OF CERTAIN PROVISIONS.—Section 18 
of the Poultry Products Inspection Act (21 U.S.C. 467), 
section 401 of the Federal Meat Inspection Act (21 U.S.C. 
671), and section 18 of the Egg Products Inspection Act 
(21 U.S.C. 1047) are repealed. 
SEC. 506. ADDITIONAL TECHNICAL AND CONFORMING 
AMENDMENTS. 
Not later than 60 days after the submission of the 
reorganization plan under section 502, the President shall 
prepare and submit proposed legislation to Congress con-
taining necessary and appropriate technical and con-
forming amendments to the Acts listed in section 3(15) 
of this Act to reflect the changes made by this Act. 
SEC. 507. REGULATIONS. 
The Administrator may promulgate such regulations 
as the Administrator determines are necessary or appro-
priate to perform the duties of the Administrator.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this Act. 
SEC. 509. 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—
(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; 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. 
SEC. 510. EFFECTIVE DATE. 
This Act takes effect on the date of enactment of this 
Act.
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