Sec. 501 Definition
In this title, the term transition period means the 12-month period beginning on the date of enactment of this Act.
Title V — Implementation
V Implementation
Sec. 502 Reorganization plan
Submission of plan— Not later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a reorganization plan regarding the following:
The transfer of agencies, personnel, assets, and obligations to the Administration pursuant to this Act.
Any consolidation, reorganization, or streamlining of agencies transferred to the Administration pursuant to this Act.
Plan elements— The plan transmitted under subsection (a) shall contain, consistent with this Act, such elements as the President determines appropriate, including the following:
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.
Specification of the steps to be taken by the Administrator to organize the Administration, including the delegation or assignment of functions transferred to the Administration among the officers of the Administration in order to permit the Administration to carry out the functions transferred under the plan.
Specification of the funds available to each agency that will be transferred to the Administration as a result of transfers under the plan.
Specification of the proposed allocations within the Administration of unexpended funds transferred in connection with transfers under the plan.
Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations of agencies transferred under the plan.
Specification of the proposed allocations within the Administration of the functions of the agencies and subdivisions that are not related directly to ensuring the safety of food.
Modification of plan— The President may, on the basis of consultations with the appropriate congressional committees, modify or revise any part of the plan until that part of the plan becomes effective in accordance with subsection (d).
Effective date—
In general— The reorganization plan described in this section, including any modifications or revisions of the plan under subsection (c), shall become effective for an agency on the earlier of—
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 transmitted the reorganization plan to the appropriate congressional committees pursuant to subsection (a); or
the end of the transition period.
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.
Supercedes existing law— Paragraph (1) shall apply notwithstanding section 905(b) of title 5, United States Code.
Sec. 503 Transitional authorities
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 on the day before the date of enactment 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.
Services and personnel— During the transition 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.
Acting officials—
In general— During the transition period, 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 consent, 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 on the day before the date of enactment 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.
Compensation— While acting pursuant to paragraph (1), such officers shall receive compensation at the higher of—
the rates provided by this Act for the respective offices in which they act; or
the rates provided for the offices held at the time of designation.
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 position 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 transfer.
Transfer of personnel, assets, obligations, and function—
In general— Consistent with section 1531 of title 31, United States Code, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds that relate to the functions transferred under subsection (a) from a Federal agency shall be transferred to the Administration.
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 appropriated.
Sec. 504 Savings provisions
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 otherwise in effect or final with respect to that agency on the day before the transfer date with respect to the transferred functions.
Pending proceedings— Subject to the authority of the Administrator under this Act—
pending proceedings in an agency, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue notwithstanding the enactment 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 occurred if such enactment or transfer had not occurred; and
orders issued in such proceedings, and appeals from those orders, and payments made pursuant to such orders, shall be issued 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, modified, superceded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law.
Pending civil actions— Subject to the authority 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 respect to the transferred functions shall continue notwithstanding the enactment of this Act or the transfer of an agency to the Administration.
References—
In general— After the transfer of functions from a Federal agency under this Act, any reference in any other Federal law, Executive order, rule, regulation, directive, document, or other material to that Federal agency or the head of that agency in connection with the administration or enforcement of the food safety laws shall be deemed to be a reference to the Administration or the Administrator, respectively.
Statutory reporting requirements— Statutory reporting requirements that applied in relation to such an agency on the day before the date of enactment of this Act shall continue to apply following such transfer if the reporting requirements refer to the agency by name.
Sec. 505 Conforming amendments
Section 5313 of title 5, United States Code, is amended by adding at the end the following new item:
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 containing necessary and appropriate technical and conforming amendments to any food safety law to reflect the changes made by this Act.
Sec. 507 Regulations
The Administrator may promulgate such regulations as the Administrator determines are necessary or appropriate 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 appropriations
For the fiscal year that includes the date of enactment of this Act, the amount authorized to be appropriated to carry out this Act shall not exceed—
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
the amount appropriated for those agencies for that purpose for the preceding fiscal year, if, as of the date of enactment of this Act, appropriations for those agencies for the fiscal year that includes that date of enactment have not yet been made.