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 Com-
mittee 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 juris-
diction 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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(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 ‘‘Administra-
tion’’ means the Food Safety Administration estab-
lished under section 101(a)(1). 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of Food Safety ap-
pointed 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 manufac-
tured toxin, virus, parasite, prion, physical hazard, 
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or other human pathogen that when found on or in 
food can cause human illness, injury, or death. 
(5) CONTAMINATION.—The term ‘‘contamina-
tion’’ 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’’ in-
cludes any product (including a meat food prod-
uct, as defined in section 1(j) of the Federal 
Meat Inspection Act (21 U.S.C. 601(j))), capa-
ble 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 estab-
lishment’’ means a foreign or domestic slaugh-
terhouse, factory, warehouse, or facility that 
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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 establish-
ment in which food is prepared for or served di-
rectly 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, label-
ing, 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 adminis-
tered by the Center for Veterinary Medicine of 
the Food and Drug Administration; 
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(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 ‘‘proc-
essing’’ means the commercial harvesting, slaughter, 
packing, preparation, or manufacture of food. 
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(10) STATE.—The term ‘‘State’’ means any of 
the 50 States, the District of Columbia, the Com-
monwealth 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 ADMINISTRA-
TION. 
(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 Adminis-
tration 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 Adminis-
trator shall— 
(1) administer and enforce the food safety law; 
(2) serve as a representative to international 
food safety bodies and discussions; 
(3) oversee the— 
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(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 ef-
forts and deployment of Federal food safety re-
sources 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 ac-
tivities with State and local agencies and tribal 
governments; and 
(4) promulgate regulations as necessary and ap-
propriate to perform the duties under this subsection 
and to secure the food supply from all forms of con-
tamination, 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: 
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‘‘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 offi-
cer or employee of the Federal agency) that relate to ad-
ministration or enforcement of the food safety law, as de-
termined by the President. 
(b) TRANSFERRED AGENCIES.—The Federal agen-
cies 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 Nu-
trition of the Food and Drug Administration; 
(3) the part of the Agriculture Marketing Serv-
ice 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 Adminis-
tration, to the extent that such resources and facili-
ties are for the purpose of administering and con-
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ducting inspections of food establishments and im-
ports; 
(5) the resources and facilities of the Office of 
the Commissioner of the Food and Drug Adminis-
tration, to the extent such resources and facilities 
support— 
(A) the Center for Food Safety and Ap-
plied Nutrition; 
(B) the Center for Veterinary Medicine; 
and 
(C) the facilities and resources of the Of-
fice of Regulatory Affairs described in para-
graph (4); 
(6) the Center for Veterinary Medicine of the 
Food and Drug Administration; 
(7) the resources and facilities of the Environ-
mental Protection Agency, to the extent such re-
sources and facilities are for the purpose of control-
ling and regulating pesticide residues in food; 
(8) the part of the Research, Education, and 
Economics mission area of the Department of Agri-
culture related to food safety and animal feed re-
search; 
(9) the part of the National Marine Fisheries 
Service of the National Oceanic and Atmospheric 
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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 Ad-
ministration 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 Adminis-
trator may— 
(1) procure the services of temporary or inter-
mittent 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, in-
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cluding transportation and per diem in lieu of sub-
sistence 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 Ad-
ministrator may establish within the Administration such 
bureaus, offices, and divisions as the Administrator deter-
mines are necessary to perform the duties of the Adminis-
trator. 
(d) ADVISORY COMMITTEES.— 
(1) IN GENERAL.—The Administrator shall es-
tablish advisory committees that consist of rep-
resentatives of scientific expert bodies, academics, 
industry specialists, and consumers. 
(2) DUTIES.—The duties of an advisory com-
mittee established under paragraph (1) may include 
developing recommendations for the development of 
new processes, research, communications, perform-
ance 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— 
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(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 anal-
ysis 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 po-
tential contamination in the food supply chain 
that may render food unsafe; 
(C) the potential for persistence, mul-
tiplication, or concentration of naturally occur-
ring or added contaminants in food; 
(D) opportunities across the food produc-
tion, processing, distribution, and retail system 
to reduce potential health risks; and 
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(E) opportunities for intentional contami-
nation. 
(2) UPDATES.—The administrator shall update 
the analysis under paragraph (1) on an annual 
basis. 
(c) PROGRAM DEVELOPMENT
AND IMPLEMENTA-
TION.— 
(1) USE OF ANALYSIS RESULTS.—In developing 
the program, the Administrator shall take into ac-
count 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 sys-
tem for the registration of food establishments 
and regular unannounced inspection of food es-
tablishments; 
(B) revise such system, as necessary, based 
on updates to the analysis under subsection 
(b)(1); 
(C) enforce the adoption of process con-
trols in food establishments, based on best 
available scientific and public health consider-
ations and best available technologies; 
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(D) establish and enforce science-based 
standards for— 
(i) limiting the presence of contami-
nants in food; and 
(ii) safety and sanitation in the proc-
essing and handling of food; 
(E) conduct, on an ongoing basis, a statis-
tically valid sampling program to ensure that— 
(i) food industry programs and proce-
dures that prevent food contamination are 
effective; and 
(ii) food meets the standards estab-
lished under this Act; 
(F) implement procedures and require-
ments to ensure the safety and security of im-
ported food; 
(G) coordinate with other agencies and 
State or local governments in carrying out the 
inspection, enforcement, research, and moni-
toring of food establishments required by Fed-
eral food safety laws; 
(H) use data made available under sub-
section (d) to— 
(i) assess the health risks associated 
with the human consumption of food; and 
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(ii) evaluate the need for additional 
surveillance data and studies. 
(I) develop public education risk commu-
nication 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 Adminis-
trator 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 Cos-
metic Act (21 U.S.C. 333(a)) is amended— 
(1) in paragraph (1), by striking ‘‘Any’’ and in-
serting ‘‘Except as provided in paragraph (2) or (3), 
any’’; and 
(2) by adding at the end the following: 
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‘‘(3) Notwithstanding paragraph (1) of this sec-
tion, 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 (includ-
ing 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 ad-
judicated 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 sub-
section (b)(1), any person who knowingly violates 
the food safety law shall be subject to a civil mone-
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tary 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
PEN-
ALTIES.— 
(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 In-
spection Act (21 U.S.C. 1014(c)). 
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(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 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 
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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 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 the food safety law; or 
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(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) 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 pe-
riod’’ means the 12-month period beginning on the effec-
tive 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 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 
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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. 
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(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 
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 
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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 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 
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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-
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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. 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 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 
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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.— 
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(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. 305. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Subject to subsection (b), there 
are authorized to be appropriated such sums as are nec-
essary to carry out this Act. 
(b) 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) 
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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. 
Æ 
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