100 
of any provision of section 301 of such Act (21 
U.S.C. 331) with respect to an adulterated or mis-
branded food results in death, the person commit-
ting the violation shall be imprisoned for not more 
than 10 years, fined in accordance with title 18, 
United States Code, or both. 
(c) JUDICIAL REVIEW.— 
(1) IN GENERAL.—An order assessing a civil 
penalty against a person 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. 
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(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— 
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(A) to carry out enforcement activities 
under the 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 are in addition to, and not exclusive 
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.— 
(1) PROHIBITION.—No Federal employee, em-
ployee of a Federal contractor or subcontractor, or 
covered individual may be discharged, demoted, sus-
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103 
pended, threatened, harassed, or in any other man-
ner discriminated against, because of any lawful act 
done by the employee or covered individual to— 
(A) provide information, cause information 
to be provided, or otherwise assist in an inves-
tigation regarding any conduct that the covered 
individual reasonably believes constitutes a vio-
lation of any law, rule, or regulation, or that 
the covered individual reasonably believes con-
stitutes a threat to the public health, when the 
information or assistance is provided to, or the 
investigation is conducted by— 
(i) a Federal regulatory or law en-
forcement agency; 
(ii) a Member or committee of Con-
gress; or 
(iii) a person with supervisory author-
ity over the covered individual (or such 
other individual who has the authority to 
investigate, discover, or terminate mis-
conduct); 
(B) file, cause to be filed, testify, partici-
pate in, or otherwise assist in a proceeding or 
action filed or about to be filed relating to a 
violation of any law, rule, or regulation; or 
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(C) refused to violate or assist in the viola-
tion of any law, rule, or regulation. 
(2) DEFINITION.—For the purposes of this sec-
tion, the term ‘‘covered individual’’ means an indi-
vidual who is an employee of— 
(A) a food establishment; 
(B) a food production facility; 
(C) a restaurant; 
(D) a retail food establishment other than 
a restaurant; 
(E) a nonprofit food establishment in 
which food is prepared for or served directly to 
the consumer; 
(F) a fishing vessel; or 
(G) an agent of any of the above. 
(b) ENFORCEMENT ACTION.— 
(1) IN GENERAL.—A covered individual who al-
leges discharge or other discrimination by any per-
son in violation of subsection (a) may seek relief 
under subsection (c) by filing a complaint with the 
Secretary of Labor. If the Secretary of Labor has 
not issued a final decision within 180 days after the 
date on which the complaint is filed and there is no 
showing that such delay is due to the bad faith of 
the claimant, the claimant may bring an action at 
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law or equity for de novo review in the appropriate 
district court of the United States, which shall have 
jurisdiction over such an action without regard to 
the amount in controversy. 
(2) PROCEDURE.— 
(A) IN GENERAL.—An action under para-
graph (1) shall be governed under the rules and 
procedures set forth in section 42121(b) of title 
49, United States Code. 
(B) EXCEPTION.—Notification under sec-
tion 42121(b)(1) of title 49, United States 
Code, shall be made to the person named in the 
complaint and to the person’s employer. 
(C) BURDENS
OF
PROOF.—An action 
brought under paragraph (1) shall be governed 
by the legal burdens of proof set forth in sec-
tion 42121(b) of title 49, United States Code. 
(D) STATUTE OF LIMITATIONS.—An action 
under paragraph (1) shall be commenced not 
later than 90 days after the date on which the 
violation occurs. 
(c) REMEDIES.— 
(1) IN
GENERAL.—A covered individual pre-
vailing in any action under subsection (b)(1) shall be 
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entitled to all relief necessary to make the covered 
individual whole. 
(2) COMPENSATORY DAMAGES.—Relief for any 
action described in paragraph (1) shall include— 
(A) reinstatement with the same seniority 
status that the covered individual would have 
had, but for the discrimination; 
(B) the amount of any back pay, with in-
terest; and 
(C) compensation for any special damages 
sustained as a result of the discrimination, in-
cluding litigation costs, expert witness fees, and 
reasonable attorney’s fees. 
(d) RIGHTS RETAINED
BY
THE COVERED INDI-
VIDUAL.—Nothing in this section shall be construed to di-
minish the rights, privileges, or remedies of any covered 
individual under any Federal or State law, or under any 
collective bargaining agreement. 
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, 
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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— 
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(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.—In an action commenced under this sec-
tion: 
(1) IN
GENERAL.—The action shall be com-
menced— 
(A) in the case of a civil action against a 
person, the United States district court for the 
district in which the defendant resides, is 
found, or has an agent; and 
(B) in the case of a civil action against the 
Administrator, any United States district court. 
(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. 
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(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. REORGANIZATION PLAN. 
(a) SUBMISSION OF PLAN.—Not later than 180 days 
after the enactment of this Act, the President shall trans-
mit to the appropriate congressional committees a reorga-
nization 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) The timetable for transfer and identification 
of any functions of agencies designated to be trans-
ferred to the Administration pursuant to this Act 
that will not be transferred promptly to the Admin-
istration 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 12-month period begin-
ning on the date of the enactment of this Act. 
(2) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection may be construed to require the 
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transfer of functions, personnel, records, balances of 
appropriations, or other assets of an agency on a 
single date. 
(3) SUPERSEDES
EXISTING
LAW.—Paragraph 
(1) shall apply notwithstanding section 905(b) of 
title 5, United States Code. 
SEC. 502. 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 date of the enactment of 
this Act shall provide the Administrator such assistance, 
including the use of personnel and assets, as the Adminis-
trator may request in preparing for the transfer and inte-
gration 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 provide services or de-
tail 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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113 
appointment was required to be made by and with 
such advice and consent and who was such an officer 
immediately before the date of the enactment of this 
Act (and who continues to be in office) or imme-
diately 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. 503. 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, tolerance, guidance, permit, personnel action, 
agreement, grant, contract, certificate, license, registra-
tion, user fees, privilege, or other administrative action 
issued, made, granted, or otherwise in effect or final with 
respect to that agency on the day before the transfer date 
with respect to the transferred 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 or modifica-
tion could have occurred if such enactment or trans-
fer had not occurred; 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, superseded, 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 law 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 date 
of the enactment of this Act shall continue to apply 
following such transfer if they refer to the agency by 
name. 
SEC. 504. 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.’’. 
SEC. 505. ADDITIONAL TECHNICAL AND CONFORMING 
AMENDMENTS. 
Not later than 60 days after the submission of the 
reorganization plan under section 501, the President shall 
prepare and submit proposed legislation to Congress con-
taining necessary and appropriate technical and con-
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