Establishment of Federal Food Administration

(a) Establishment As soon as practicable, but not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall establish within the Department of Health and Human Services an agency to be known as the Federal Food Administration. (b) Mission The Federal Food Administration shall— (1) promote the public health by promptly and efficiently reviewing food and nutrition research and taking appropriate action on the marketing of regulated products in a timely manner; (2) with respect to such products, protect the public health by ensuring that foods are safe, wholesome, sanitary, and properly labeled; (3) participate through appropriate processes with representatives of other countries to protect public health and promote fair trade practices in food; and (4) as determined to be appropriate by the Secretary, carry out paragraphs (1) through (3) in consultation with experts in science, medicine, and public health, and in cooperation with consumers, users, manufacturers, importers, packers, distributors, and retailers of regulated products. (c) Interagency collaboration The Secretary shall implement programs and policies that will foster collaboration between the Federal Food Administration, the Department of Agriculture, the Centers for Disease Control and Prevention, the National Institutes of Health, and other science-based Federal agencies, to enhance the scientific and technical expertise available to the Secretary in the conduct of the duties of the Secretary with respect to the development, investigation, evaluation, and postmarket monitoring of food. (d) Commissioner of Foods (1) In general The Federal Food Administration shall be headed by the Commissioner of Foods, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) General powers The Secretary, acting through the Commissioner of Foods, shall be responsible for— (A) providing overall direction to the Federal Food Administration and establishing and implementing general policies respecting the management and operation of programs and activities of the Federal Food Administration; (B) coordinating and overseeing the operation of all administrative entities within the Federal Food Administration; (C) research relating to foods in carrying out the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (D) conducting educational and public information programs relating to the responsibilities of the Federal Food Administration; and (E) performing such other functions as the Secretary may prescribe. (e) Technical and scientific review groups The Secretary, acting through the Commissioner of Foods, may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, establish such technical and scientific review groups as are needed to carry out the functions of the Federal Food Administration, including functions under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) relating to food, and appoint and pay the members of such groups, except that officers and employees of the United States shall not receive additional compensation for service as members of such groups.