[House Report 111-675]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-675
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R.
3082) MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, THE DEPARTMENT
OF VETERANS AFFAIRS, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES
_______
December 8, 2010.--Referred to the House Calendar and ordered to be
printed
_______
Mr. McGovern, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1755]
The Committee on Rules, having had under consideration
House Resolution 1755, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of the Senate
amendment to H.R. 3082, the Military Construction and Veterans
Affairs Appropriations Act, 2010 (Full-Year FY11 CR and Food
Safety). The resolution makes in order a motion offered by the
chair of the Committee on Appropriations that the House concur
in the Senate amendment to H.R. 3082 with the amendment printed
in this report. The resolution provides one hour of debate on
the motion, with 40 minutes equally divided and controlled by
the chair and ranking minority member of the Committee on
Appropriations and 20 minutes equally divided and controlled by
the chair and ranking minority member of the Committee on
Energy and Commerce. The resolution waives all points of order
against consideration of the motion. The resolution provides
that the Senate amendment and the motion shall be considered as
read.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the motion includes a waiver of clause 10 of rule XXI
(prohibiting consideration of any bill, joint resolution,
amendment, or conference report if the provisions of such
measure affecting direct spending and revenues have the net
effect of increasing the deficit or reducing the surplus).
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 508
Date: December 8, 2010.
Measure: Senate amendment to H.R. 3082.
Motion by: Mr. Dreier.
Summary of motion: To allow Mr. Lewis of California to
offer a substitute amendment to the motion by the chair of the
Appropriations Committee that the House concur in the Senate
Amendment to H.R. 3082 with an amendment.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 509
Date: December 8, 2010.
Measure: Senate amendment to H.R. 3082.
Motion by: Mr. Dreier.
Summary of motion: To allow Mr. Kagen of Wisconsin to offer
an amendment to the motion by the chair of the Appropriations
Committee that the House concur in the Senate Amendment to H.R.
3082 with an amendment.
Results: Defeated 3-6.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Perlmutter--Yea; Pingree--Nay; Polis--Nay;
Dreier--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 510
Date: December 8, 2010.
Measure: Senate amendment to H.R. 3082.
Motion by: Mr. Sessions.
Summary of motion: To allow Mr. Barton of Texas to offer a
substitute amendment to the motion by the chair of the
Appropriations Committee that the House concur in the Senate
Amendment to H.R. 3082 with an amendment.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 511
Date: December 8, 2010.
Measure: Senate amendment to H.R. 3082.
Motion by: Mr. Sessions.
Summary of motion: To divide the question on adoption of
the motion between the Continuing Resolution and the FDA Food
Safety Modernization Act.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Sessions--Yea; Slaughter--Nay.
SUMMARY OF HOUSE AMENDMENT
The House amendment freezes FY 2011 discretionary
appropriations at the FY 2010 level; providing $45.9 billion
less than the President requested for the year. Within that
ceiling, the resolution adjusts funding between programs and
accounts to deal with current demands and workloads and avoid
furloughs. Overall, the resolution includes $513 billion for
the Department of Defense, $4.9 billion above 2010; $75.2
billion for military construction and veterans, $1.4 billion
below 2010; and $501.4 billion for all other appropriations,
$3.5 billion below 2010. It also includes $159 billion for the
war, as the President requested; prohibits funding for
Congressional earmarks; freezes non-military Federal pay for
two years, as requested by the President; and allows feefunded
programs to continue to be financed from fees.
The FDA Food Safety and Modernization Act grants the Food
and Drug Administration authorities it needs to better oversee
the safety of the nation's food supply. The bill includes
expanded authority for FDA to inspect records relating to food,
and requires FDA to increase inspections of high-risk food
facilities. In addition, it provides for the creation of a more
accurate registry of all food facilities serving American
consumers, improved traceability of the history of food in the
event of a foodborne illness outbreak, certification of certain
foreign food imports as meeting all U.S. food safety
requirements, and protection for whistleblowers that bring
attention to important food safety information.
TEXT OF HOUSE AMENDMENT
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full-Year Continuing
Appropriations Act, 2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
DIVISION A--FULL-YEAR CONTINUING APPROPRIATIONS
Title I--General Provisions
Title II--Adjustments in Funding and Other Provisions
DIVISION B--SURFACE TRANSPORTATION EXTENSION
DIVISION C--AIRPORT AND AIRWAY EXTENSION
DIVISION D--FOOD SAFETY
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--FULL-YEAR CONTINUING APPROPRIATIONS
The following sums are hereby appropriated, out of any money
in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and other
organizational units of Government for fiscal year 2011, and
for other purposes, namely:
TITLE I--GENERAL PROVISIONS
Sec. 1101. (a) Such amounts as may be necessary, at the level
specified in subsection (c) and under the authority and
conditions provided in applicable appropriations Acts for
fiscal year 2010, for projects or activities (including the
costs of direct loans and loan guarantees) that are not
otherwise specifically provided for, and for which
appropriations, funds, or other authority were made available
in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations
Act, 2010 (Public Law 111-80).
(2) Division A of the Department of Defense
Appropriations Act, 2010 (division A of Public Law 111-
118).
(3) The Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85).
(4) The Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83) and
section 601 of the Supplemental Appropriations Act,
2010 (Public Law 111-212).
(5) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2010 (division A
of Public Law 111-88).
(6) The Legislative Branch Appropriations Act, 2010
(division A of Public Law 111-68).
(7) The Consolidated Appropriations Act, 2010 (Public
Law 111-117).
(8) Chapter 3 of title I of the Supplemental
Appropriations Act, 2010 (Public Law 111-212), except
for appropriations under the heading ``Operation and
Maintenance'' relating to Haiti following the
earthquake of January 12, 2010, or the Port of Guam:
Provided, That the amount provided for the Department
of Defense pursuant to this paragraph shall not exceed
$29,387,401,000: Provided further, That the Secretary
of Defense shall allocate such amount to each
appropriation account, budget activity, activity group,
and subactivity group, and to each program, project,
and activity within each appropriation account, in the
same proportions as such appropriations for fiscal year
2010.
(b) For purposes of this Act, the term ``level'' means an
amount.
(c) The level referred to in subsection (a) shall be the
amounts appropriated in the appropriations Acts referred to in
such subsection, including transfers and obligation
limitations, except that--
(1) such level shall not include any amount
previously designated (other than amounts in section
1101(a)(8)) as an emergency requirement and necessary
to meet emergency needs pursuant to sections 403(a) and
423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year
2010; and
(2) such level shall be calculated without regard to
any rescission or cancellation of funds or contract
authority.
Sec. 1102. Appropriations made by section 1101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 1103. Appropriations provided by this Act that, in the
applicable appropriations Act for fiscal year 2010, carried a
multiple-year or no-year period of availability shall retain a
comparable period of availability.
Sec. 1104. Except as otherwise expressly provided in this
Act, the requirements, authorities, conditions, limitations,
and other provisions of the appropriations Acts referred to in
section 1101(a) shall continue in effect through the date
specified in section 1106.
Sec. 1105. No appropriation or funds made available or
authority granted pursuant to section 1101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were specifically
prohibited during fiscal year 2010.
Sec. 1106. Unless otherwise provided for in this Act or in
the applicable appropriations Act, appropriations and funds
made available and authority granted pursuant to this Act shall
be available through September 30, 2011.
Sec. 1107. Expenditures made pursuant to the Continuing
Appropriations Act, 2011 (Public Law 111-242), shall be charged
to the applicable appropriation, fund, or authorization
provided by this Act.
Sec. 1108. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 1109. (a) With respect to any discretionary account for
which advance appropriations were provided for fiscal year 2011
or 2012 in an appropriations Act for fiscal year 2010, in
addition to amounts otherwise made available by this Act,
advance appropriations are provided in the same amount for
fiscal year 2012 or 2013, respectively, with a comparable
period of availability.
(b) In addition to amounts provided by subsection (a), an
additional amount is provided for the following accounts in the
amounts specified:
(1) ``Department of Veterans Affairs, Medical
Services'', $2,513,985,000, which shall become
available on October 1, 2011, and shall remain
available until September 30, 2012.
(2) ``Department of Veterans Affairs, Medical Support
and Compliance'', $228,000,000, which shall become
available on October 1, 2011, and shall remain
available until September 30, 2012.
(c) Notwithstanding subsection (a), amounts are provided for
``Department of Veterans Affairs, Medical Facilities'' in the
amount of $5,426,000,000, which shall become available on
October 1, 2011, and shall remain available until September 30,
2012.
Sec. 1110. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts for
fiscal year 2010, and for activities under the Food and
Nutrition Act of 2008, the levels established by section 1101
shall be the amounts necessary to maintain program levels under
current law.
(b) In addition to the amounts otherwise provided by section
1101, the following amounts shall be available for the
following accounts for advance payments for the first quarter
of fiscal year 2012:
(1) ``Department of Labor, Employment Standards
Administration, Special Benefits for Disabled Coal
Miners'', for benefit payments under title IV of the
Federal Mine Safety and Health Act of 1977,
$41,000,000, to remain available until expended.
(2) ``Department of Health and Human Services,
Centers for Medicare and Medicaid Services, Grants to
States for Medicaid'', for payments to States or in the
case of section 1928 on behalf of States under title
XIX of the Social Security Act, $86,445,289,000, to
remain available until expended.
(3) ``Department of Health and Human Services,
Administration for Children and Families, Payments to
States for Child Support Enforcement and Family Support
Programs'', for payments to States or other non-Federal
entities under titles I, IV-D, X, XI, XIV, and XVI of
the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), $1,200,000,000, to remain available
until expended.
(4) ``Department of Health and Human Services,
Administration for Children and Families, Payments to
States for Foster Care and Permanency'', for payments
to States or other non-Federal entities under title IV-
E of the Social Security Act, $1,850,000,000.
(5) ``Social Security Administration, Supplemental
Security Income Program'', for benefit payments under
title XVI of the Social Security Act, $13,400,000,000,
to remain available until expended.
Sec. 1111. The following amounts are designated as an
emergency requirement and necessary to meet emergency needs
pursuant to sections 403(a) and 423(b) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010:
(1) Amounts incorporated by reference in this Act
that were previously designated as available for
overseas deployments and other activities pursuant to
such concurrent resolution.
(2) Amounts made available pursuant to paragraph (8)
of section 1101(a) of this Act.
Sec. 1112. Any language specifying an earmark in an
appropriations Act for fiscal year 2010, or in a committee
report or joint explanatory statement accompanying such an Act,
shall have no legal effect with respect to funds appropriated
by this Act. For purposes of this section, the term ``earmark''
means a congressional earmark or congressionally directed
spending item, as defined in clause 9(e) of rule XXI of the
Rules of the House of Representatives and paragraph 5(a) of
rule XLIV of the Standing Rules of the Senate.
Sec. 1113. (a) Notwithstanding section 1101, user fees for
``Securities and Exchange Commission, Salaries and Expenses''
shall be available for obligation in the amount of
$1,250,000,000: Provided, That the authority provided in this
subsection shall be deemed a regular appropriation for purposes
of section 6(b) of the Securities Act of 1933 (15 U.S.C.
77f(b)) and sections 13(e), 14(g), and 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee).
(b) Notwithstanding section 1101, the Federal Communications
Commission is authorized to assess and collect pursuant to
section 9 of title I of the Communications Act of 1934
offsetting collections during fiscal year 2011 of $350,634,000,
and such amounts shall be available for obligation until
expended, of which not less than $8,279,115 shall be for the
salaries and expenses of the Office of Inspector General.
Sec. 1114. (a) For the purposes of this section--
(1) the term ``employee''--
(A) means an employee as defined in section
2105 of title 5, United States Code; and
(B) includes an individual to whom subsection
(b), (c), or (f) of such section 2105 pertains
(whether or not such individual satisfies
subparagraph (A));
(2) the term ``senior executive'' means--
(A) a member of the Senior Executive Service
under subchapter VIII of chapter 53 of title 5,
United States Code;
(B) a member of the FBI-DEA Senior Executive
Service under subchapter III of chapter 31 of
title 5, United States Code;
(C) a member of the Senior Foreign Service
under chapter 4 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 3961 and
following); and
(D) a member of any similar senior executive
service in an Executive agency;
(3) the term ``senior-level employee'' means an
employee who holds a position in an Executive agency
and who is covered by section 5376 of title 5, United
States Code, or any similar authority; and
(4) the term ``Executive agency'' has the meaning
given such term by section 105 of title 5, United
States Code.
(b)(1) Notwithstanding any other provision of law, except as
provided in subsection (e), no statutory pay adjustment which
(but for this subsection) would otherwise take effect during
the period beginning on January 1, 2011, and ending on December
31, 2012, shall be made.
(2) For purposes of this subsection, the term ``statutory pay
adjustment'' means--
(A) an adjustment required under section 5303, 5304,
5304a, 5318, or 5343(a) of title 5, United States Code;
and
(B) any similar adjustment, required by statute, with
respect to employees in an Executive agency.
(c) Notwithstanding any other provision of law, except as
provided in subsection (e), during the period beginning on
January 1, 2011, and ending on December 31, 2012, no senior
executive or senior-level employee may receive an increase in
his or her rate of basic pay absent a change of position that
results in a substantial increase in responsibility, or a
promotion.
(d) The President may issue guidance that Executive agencies
shall apply in the implementation of this section.
(e) The Non-Foreign Area Retirement Equity Assurance Act of
2009 (5 U.S.C. 5304 note) shall be applied using the
appropriate locality-based comparability payments established
by the President as the applicable comparability payments in
section 1914(2) and (3) of such Act.
Sec. 1115. (a) Amounts made available by this Act shall be
available for transfer by the head of the agency to the extent
necessary to avoid furloughs or reductions in force, or to
provide funding necessary for programs and activities required
by law: Provided, That such transfers may not result in the
termination of programs, projects or activities: Provided
further, That such transfers shall be subject to the approval
of the House and Senate Appropriations Committees.
(b) The authorities provided by subsection (a) of this
section shall be in addition to any other transfer authority
provided elsewhere in this statute.
Sec. 1116. None of the funds made available in this or any
prior Act may be used to transfer, release, or assist in the
transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 1117. None of the funds appropriated or otherwise made
available by this Act may be obligated by any covered executive
agency in contravention of the certification requirement of
section 6(b) of the Iran Sanctions Act of 1996, as included in
the revisions to the Federal Acquisition Regulation pursuant to
such section.
TITLE II--ADJUSTMENTS IN FUNDING AND OTHER PROVISIONS
CHAPTER 1--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
Sec. 2101. Notwithstanding section 1101, the level for each
of the following accounts shall be as follows: ``Agricultural
Programs, Agricultural Research Service, Buildings and
Facilities,'' $0; ``Agricultural Programs, Agricultural
Marketing Service, Marketing Services'', $126,148,000;
``Agricultural Programs, Grain Inspection, Packers and
Stockyards Administration, Limitation on Inspection and
Weighing Services Expenses'', $50,000,000; ``Conservation
Programs, Natural Resources Conservation Service, Watershed and
Flood Prevention Operations'', $0; ``Rural Development
Programs, Rural Housing Service, Rental Assistance Program'',
$971,593,000; ``Domestic Food Programs, Food and Nutrition
Service, Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC)'', $6,773,372,000; ``Domestic Food
Programs, Food and Nutrition Service, Nutrition Programs
Administration'', $150,801,000; ``Foreign Assistance and
Related Programs, Foreign Agricultural Service, Salaries and
Expenses'', $187,801,000; and ``Related Agencies and Food and
Drug Administration, Independent Agencies, Farm Credit
Administration, Limitation on Administrative Expenses'',
$59,400,000.
Sec. 2102. Notwithstanding section 1101, the level for
``Agricultural Programs, Agriculture Buildings and Facilities
and Rental Payments'' shall be $260,051,000, of which
$178,470,000 shall be available for payments to the General
Services Administration for rent; of which $13,800,000 shall be
for payment to the Department of Homeland Security for building
security activities; and of which $67,781,000 shall be for
buildings operations and maintenance expenses.
Sec. 2103. The amounts included under the heading
``Agricultural Programs, National Institute of Food and
Agriculture, Research and Education Activities'' in Public Law
111-80 shall be applied to funds appropriated by this division
as follows: by substituting ``$317,884,000'' for
``$215,000,000''; by substituting ``$34,816,000'' for
``$29,000,000''; by substituting ``$51,000,000'' for
``$48,500,000''; by substituting ``$268,957,000'' for
``$262,482,000''; by substituting ``$2,844,000'' for
``$89,029,000''; by substituting ``$2,173,000'' for
``$1,805,000''; by substituting ``$9,699,000'' for
``$9,237,000''; by substituting ``$19,100,000'' for
``$18,250,000''; by substituting ``$4,009,000'' for
``$3,342,000''; by substituting ``$3,232,000'' for
``$3,200,000''; and by substituting ``$11,253,000'' for
``$45,122,000''.
Sec. 2104. The amounts included under the heading
``Agricultural Programs, National Institute of Food and
Agriculture, Extension Activities'' in Public Law 111-80 shall
be applied to funds appropriated by this division as follows:
by substituting ``$306,227,000'' for ``$297,500,000''; by
substituting ``$43,838,000'' for ``$42,677,000''; by
substituting ``$69,131,000'' for ``$68,070,000''; by
substituting ``$3,755,000'' for ``$3,045,000''; by substituting
``$19,886,000'' for ``$19,770,000''; by substituting
``$4,377,000'' for ``$4,321,000''; and by substituting
``$8,565,000'' for ``$20,396,000''.
Sec. 2105. The amounts included under the heading
``Agricultural Programs, Animal and Plant Health Inspection
Services, Salaries and Expenses'' in Public Law 111-80 shall be
applied to funds appropriated by this division by substituting
``$45,219,000'' for ``$60,243,000''.
Sec. 2106. In addition to amounts otherwise appropriated or
made available by this Act, $31,875,000 is appropriated to the
Secretary of Agriculture for the costs of loan and loan
guarantees under the heading ``Agricultural Programs, Farm
Service Agency, Agricultural Credit Insurance Fund Program
Account'' to ensure that the fiscal year 2010 program levels
for such loan and loan guarantee programs are maintained for
fiscal year 2011. Funds appropriated by this Act to such
heading for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these
programs. The Secretary of Agriculture shall notify the
Committees on Appropriations of the House of Representatives
and Senate at least 15 days in advance of any transfer.
Sec. 2107. Notwithstanding section 1101, the level for each
of the following accounts under the heading ``Rural Development
Programs'' shall be as follows: ``Rural Housing Service, Rural
Housing Insurance Fund Program Account'', $582,409,000; ``Rural
Housing Service, Farm Labor Program Account'', $20,358,000;
``Rural Housing Service, Rural Community Facilities Program
Account'', $56,579,000; ``Rural Business-Cooperative Service,
Rural Development Loan Fund Program Account'', $17,879,000;
``Rural Utilities Service, Rural Water and Waste Disposal
Program Account'', $579,361,000; ``Rural Utilities Service,
Rural Electrification and Telecommunications Loans Program
Account'', $40,659,000; and ``Rural Utilities Service, Distance
Learning, Telemedicine, and Broadband Program'', $78,051,000:
Provided, That these funds are appropriated to the Secretary of
Agriculture to ensure that the fiscal year 2010 program levels
for such loan and loan guarantee programs are maintained for
fiscal year 2011: Provided further, That the amount provided in
this Act for grants and administrative expenses under these
accounts shall remain unchanged from fiscal year 2010.
Sec. 2108. Notwithstanding section 1101, the level for
``Domestic Food Programs, Food and Nutrition Service, Child
Nutrition Programs'' shall be $17,319,981,000, to remain
available through September 30, 2012, for necessary expenses to
carry out the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), except section 21, and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; of which such sums as are made available under
section 14222(b)(1) of the Food, Conservation, and Energy Act
of 2008 (Public Law 110-246), as amended by this Act, shall be
merged with and available for the same time period and purposes
as provided herein: Provided, That of the total amount
available, $5,000,000 shall be available to be awarded as
competitive grants to implement section 4405 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), and
may be awarded notwithstanding the limitations imposed by
sections 4405(b)(1)(A) and 4405(c)(1)(A): Provided further,
That section 14222(b)(1) of the Food, Conservation, and Energy
Act of 2008 is amended by adding at the end before the period,
``except section 21, and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), except sections 17 and 21''.
Sec. 2109. Notwithstanding section 1101, the level for
``Domestic Food Programs, Food and Nutrition Service, Commodity
Assistance Program'', shall be $253,358,000, of which
$176,788,000 shall be for the Commodity Supplemental Food
Program.
Sec. 2110. Notwithstanding section 1101, the level for
``Related Agencies and Food and Drug Administration, Food and
Drug Administration, Salaries and Expenses'' shall be
$3,707,611,000: Provided, That of the amount provided under
this heading, $667,057,000 shall be derived from prescription
drug user fees authorized by section 736 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379h), shall be credited to
this account and remain available until expended, and shall not
include any fees pursuant to paragraphs (2) and (3) of section
736(a) of such Act (21 U.S.C. 379h(a)(2) and (a)(3)) assessed
for fiscal year 2012 but collected in fiscal year 2011;
$61,860,000 shall be derived from medical device user fees
authorized by section 738 of such Act (21 U.S.C. 379j), and
shall be credited to this account and remain available until
expended; $19,448,000 shall be derived from animal drug user
fees authorized by section 740 of such Act (21 U.S.C. 379j-12),
and shall be credited to this account and remain available
until expended; $5,397,000 shall be derived from animal generic
drug user fees authorized by section 741 of such Act (21 U.S.C.
379j-21), and shall be credited to this account and shall
remain available until expended; and $450,000,000 shall be
derived from tobacco product user fees authorized by section
919 of such Act (21 U.S.C. 387s) and shall be credited to this
account and remain available until expended: Provided further,
That in addition and notwithstanding any other provision under
this heading, amounts collected for prescription drug user fees
that exceed the fiscal year 2011 limitation are appropriated
and shall be credited to this account and remain available
until expended: Provided further, That fees derived from
prescription drug, medical device, animal drug, animal generic
drug, and tobacco product assessments for fiscal year 2011
received during fiscal year 2011, including any such fees
assessed prior to fiscal year 2011 but credited for fiscal year
2011, shall be subject to the fiscal year 2011 limitations:
Provided further, That none of these funds shall be used to
develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the
total amount appropriated under this heading: (1) $856,383,000
shall be for the Center for Food Safety and Applied Nutrition
and related field activities in the Office of Regulatory
Affairs; (2) $963,311,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the
Office of Regulatory Affairs; (3) $328,234,000 shall be for the
Center for Biologics Evaluation and Research and for related
field activities in the Office of Regulatory Affairs; (4)
$162,946,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $362,491,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $60,975,000 shall be for the
National Center for Toxicological Research; (7) $421,463,000
shall be for the Center for Tobacco Products and for related
field activities in the Office of Regulatory Affairs; (8) not
to exceed $141,724,000 shall be for Rent and Related
activities, of which $41,951,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) not to exceed
$185,983,000 shall be for payments to the General Services
Administration for rent; and (10) $224,101,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs; the Office of Foods; the Office of the Chief
Scientist; the Office of Policy, Planning and Budget; the
Office of International Programs; the Office of Administration;
and central services for these offices: Provided further, That
none of the funds made available under this heading shall be
used to transfer funds under section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided
further, That not to exceed $25,000 of the amount provided
under this heading shall be for official reception and
representation expenses, not otherwise provided for, as
determined by the Commissioner: Provided further, That funds
may be transferred from one specified activity to another with
the prior approval of the Committees on Appropriations of both
Houses of Congress.
Sec. 2111. Notwithstanding any other provision of this Act,
the following set-asides included in Public Law 111-80 for
``Congressionally Designated Projects'' in the following
accounts for the corresponding amounts shall not apply to funds
appropriated by this Act:
(1) ``Agricultural Programs, Agricultural Research
Service, Salaries and Expenses'', $44,138,000.
(2) ``Agricultural Programs, National Institute of
Food and Agriculture, Research and Education
Activities'', $120,054,000.
(3) ``Agricultural Programs, National Institute of
Food and Agriculture, Extension Activities'',
$11,831,000.
(4) ``Agricultural Programs, Animal and Plant Health
Inspection Service, Salaries and Expenses'',
$24,410,000.
(5) ``Conservation Programs, Natural Resources
Conservation Service, Conservation Operations'',
$37,382,000.
Sec. 2112. Notwithstanding any other provision of this Act,
the following provisions included in Public Law 111-80 shall
not apply to funds appropriated by this Act:
(1) The first proviso under the heading
``Agricultural Programs, Agriculture Buildings and
Facilities and Rental Payments''.
(2) The second proviso under the heading
``Conservation Programs, Natural Resources Conservation
Service, Conservation Operations''.
(3) The set-aside of $2,800,000 under the heading
``Rural Development Programs, Rural Business--
Cooperative Service, Rural Cooperative Development
Grants''.
(4) The second proviso under the heading ``Rural
Development Programs, Rural Utilities Service, Rural
Water and Waste Disposal Account''.
(5) The first proviso under the heading ``Domestic
Food Programs, Food and Nutrition Service, Commodity
Assistance Program''.
(6) The first proviso under the heading ``Foreign
Assistance and Related Programs, Foreign Agricultural
Service, McGovern-Dole International Food for Education
and Child Nutrition Program Grants''.
Sec. 2113. The following sections of title VII of Public Law
111-80 shall be applied to funds appropriated by this division
by substituting $0 for the dollar amounts included in those
sections: section 718, section 723, section 727, section 728,
and section 738.
Sec. 2114. The following sections of title VII of Public Law
111-80 shall not apply for fiscal year 2011: section 716,
section 724, section 726, section 729, section 735, and section
748.
Sec. 2115. The following sections of title VII of Public Law
111-80 that authorized or required certain actions have been
performed before the date of the enactment of this division and
need not reoccur: section 737, section 740, section 747, and
section 749.
Sec. 2116. Appropriations to the Department of Agriculture
made available in fiscal year 2005 to carry out section 601 of
the Rural Electrification Act of 1936 (7 U.S.C. 950bb) for the
cost of direct loans shall remain available until expended to
disburse valid obligations made in fiscal years 2005 and 2006.
Sec. 2117. In the case of each program established or
amended by the Food, Conservation, and Energy Act of 2008
(Public Law 110-246), other than by title I or subtitle A of
title III of such Act, or programs for which indefinite amounts
were provided in that Act that is authorized or required to be
carried out using funds of the Commodity Credit Corporation (1)
such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and (2) the use of
such funds for such purpose shall not be considered to be a
fund transfer or allotment for purposes of applying the
limitation on the total amount of allotments and fund transfers
contained in such section.
Sec. 2118. With respect to any loan or loan guarantee
program administered by the Secretary of Agriculture that has a
negative credit subsidy score for fiscal year 2011, the program
level for the loan or loan guarantee program, for the purposes
of the Federal Credit Reform Act of 1990, shall be the program
level established pursuant to such Act for fiscal year 2010.
Sec. 2119. Notwithstanding section 1101, section 102(c) of
chapter 1 of title I of the Supplemental Appropriations Act,
2010 (Public Law 111-212) that addresses guaranteed loans in
the rural housing insurance fund shall remain in effect through
the date specified in section 1106.
Sec. 2120. In paragraph (1) of section 721 of Public Law
111-80, strike ``$1,180,000,000'' and insert
``$1,318,000,000''.
Sec. 2121. The following provisions of Public Law 111-80
shall be applied to funds appropriated by this division by
substituting ``2010'', ``2011'' and ``2012'' for the terms
``2009'', ``2010'', and ``2011'', respectively, in each
instance that such terms appear:
(1) The second paragraph under the heading
``Agricultural Programs, Animal and Plant Health
Inspection Service, Salaries and Expenses''.
(2) The second proviso under the heading
``Agricultural Programs, Food Safety and Inspection
Service''.
(3) The first proviso in the second paragraph under
the heading ``Rural Development Programs, Rural Housing
Service, Rural Housing Insurance Fund Program
Account''.
(4) The fifth proviso under the heading ``Rural
Development Programs, Rural Housing Service, Rental
Assistance Program''.
(5) The proviso under the heading ``Rural Development
Programs, Rural Housing Service, Mutual and Self-Help
Housing Grants''.
(6) The first proviso under the heading ``Rural
Development Programs, Rural Housing Service, Rural
Housing Assistance Grants''.
(7) The seventh proviso under the heading ``Rural
Development Programs, Rural Housing Service, Rural
Community Facilities Program Account''.
(8) The third proviso under the heading ``Rural
Development Programs, Rural Business--Cooperative
Service, Rural Business Program Account''.
(9) The four availability of funds clauses under the
heading ``Rural Development Programs, Rural Business--
Cooperative Service, Rural Development Loan Fund
Program Account''.
(10) The fifth proviso under the heading ``Rural
Development Programs, Rural Utilities Service, Rural
Water and Waste Disposal Program Account''.
(11) Sections 713, 717, and 746.
Sec. 2122. Notwithstanding section 1101, the level for
``Commodity Futures Trading Commission'' shall be $261,000,000,
to remain available until September 30, 2012.
Sec. 2123. The proviso under the heading ``Commodity Futures
Trading Commission'' in Public Law 111-80 shall not apply to
funds appropriated by this Act.
CHAPTER 2--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
Sec. 2201. Notwithstanding section 1101, the level for each
of the following accounts shall be as follows: ``Department of
Commerce, Bureau of the Census, Periodic Censuses and
Programs'', $964,315,000; ``Department of Commerce, National
Telecommunications and Information Administration, Salaries and
Expenses'', $40,649,000; ``Department of Commerce, National
Institute of Standards and Technology, Construction of Research
Facilities'', $124,800,000; ``Department of Commerce, National
Oceanic and Atmospheric Administration, Procurement,
Acquisition and Construction'', $1,772,353,000; ``Department of
Justice, General Administration, Detention Trustee'',
$1,533,863,000; ``Department of Justice, Legal Activities,
Salaries and Expenses, United States Attorneys'',
$1,944,610,000; ``Department of Justice, Federal Bureau of
Investigation, Salaries and Expenses'', $7,703,387,000;
``Department of Justice, Federal Bureau of Investigation,
Construction'', $107,310,000; ``Department of Justice, Drug
Enforcement Administration, Salaries and Expenses'',
$2,030,488,000; ``Department of Justice, Bureau of Alcohol,
Tobacco, Firearms and Explosives, Salaries and Expenses'',
$1,126,587,000; ``Department of Justice, Bureau of Alcohol,
Tobacco, Firearms and Explosives, Construction'', $0;
``Department of Justice, Federal Prison System, Salaries and
Expenses'', $6,472,726,000; and ``Department of Justice,
Federal Prison System, Buildings and Facilities'',
$194,155,000.
Sec. 2202. Notwithstanding section 1101, the level for
``Department of Commerce, United States Patent and Trademark
Office, Salaries and Expenses'' shall be $2,262,000,000, to
remain available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during fiscal
year 2011, so as to result in a fiscal year 2011 appropriation
from the general fund estimated at $0: Provided further, That
during fiscal year 2011, should the total amount of offsetting
fee collections, and the surcharge provided herein, be less
than $2,262,000,000, this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$2,262,000,000 in fiscal year 2011, in an amount up to
$200,000,000, shall remain available until expended: Provided
further, That there shall be a surcharge of 15 percent, rounded
by standard arithmetic rules, on fees charged or authorized by
subsections (a), (b), and (d)(1) of section 41 of title 35,
United States Code, as administered under Public Law 108-447
and this Act, and on fees charged or authorized by section
132(b) of title 35, United States Code: Provided further, That
the surcharge established under the previous proviso shall be
separate from, and in addition to, any other surcharge that may
be required pursuant to any provision of title 35, United
States Code: Provided further, That the surcharge established
in the previous 2 provisions shall take effect on the date that
is 10 days after the date of enactment of this Act, and shall
remain in effect during fiscal year 2011: Provided further,
That the receipts collected as a result of these surcharges
shall be available, within the amounts provided herein, to the
United States Patent and Trademark Office without fiscal year
limitation, for all authorized activities and operations of the
Office: Provided further, That within the amounts appropriated,
$1,000,000 shall be transferred to ``Department of Commerce,
Departmental Management, Office of Inspector General'' for
activities associated with carrying out investigations and
audits related to the United States Patent and Trademark
Office.
Sec. 2203. Notwithstanding section 1101, the level for
``Department of Justice, Community Oriented Policing Services''
shall be $597,500,000: Provided, That the amounts included
under that heading in division B of Public Law 111-117 shall be
applied in the same manner to funds appropriated by this Act,
except that ``$15,000,000'' shall be substituted for
``$40,385,000'', ``$0'' shall be substituted for
``$25,385,000'', ``$1,500,000'' shall be substituted for
``$170,223,000'', and ``$0'' shall be substituted for
``$168,723,000''.
Sec. 2204. Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, State and
Local Law Enforcement Assistance'' shall be $1,349,500,000:
Provided, That the amounts included under that heading in
division B of Public Law 111-117 shall be applied in the same
manner to funds appropriated by this Act, except that ``$0''
shall be substituted for ``$185,268,000''.
Sec. 2205. Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, Juvenile
Justice Programs'' shall be $332,500,000: Provided, That the
amounts included under that heading in division B of Public Law
111-117 shall be applied in the same manner to funds
appropriated by this Act, except that ``$0'' shall be
substituted for ``$91,095,000''.
Sec. 2206. Notwithstanding section 1101, the level for the
following accounts of the National Aeronautics and Space
Administration shall be as follows: ``Science'',
$5,005,600,000; ``Exploration'', $3,706,000,000; ``Space
Operations'', $5,247,900,000; ``Aeronautics'', $1,138,600,000;
``Education'', $180,000,000; ``Cross Agency Support'',
$3,085,700,000; ``Construction and Environmental Compliance and
Remediation'', $528,700,000, of which $20,000,000 shall be
derived from available unobligated balances previously
appropriated for construction of facilities; and ``Office of
Inspector General'', $37,500,000: Provided, That within the
funds provided for ``Space Operations'', not less than
$989,100,000 shall be for Space Shuttle operations, production,
research, development, and support, $2,745,000,000 shall be for
International Space Station operations, production, research,
development, and support, $688,800,000 shall be for Space and
Flight Support, and $825,000,000 shall be for additional Space
Shuttle costs, launch complex development only for activities
at the Kennedy Space Center related to the civil, nondefense
launch complex, use at other National Aeronautics and Space
Administration flight facilities that are currently scheduled
to launch cargo to the International Space Station, and
development of ground operations for the heavy lift launch
vehicle and the Orion multipurpose crew vehicle: Provided
further, That within the funds provided for ``Aeronautics'',
$579,600,000 shall be for aeronautics research and development
activities, and $559,000,000 shall be for space technology
activities proposed for ``Aeronautics'' and exploration
technology and demonstration program activities proposed for
``Exploration'' in the National Aeronautics and Space
Administration congressional justification that accompanied the
President's Fiscal Year 2011 budget: Provided further, That
within the funds provided for ``Exploration'', not less than
$1,200,000,000 shall be for the Orion multipurpose crew
vehicle, not less than $250,000,000 shall be for commercial
crew, not less than $300,000,000 shall be for commercial cargo
development, and not less than $1,800,000,000 shall be for the
heavy lift launch vehicle system: Provided further, That the
initial lift capability for the heavy lift launch vehicle
system shall be not less than 130 tons and that the upper stage
and other core elements shall be simultaneously developed:
Provided further, That the provisos limiting the use of funds
under the heading ``National Aeronautics and Space
Administration, Exploration'' in division B of Public Law 111-
117 shall not apply to funds appropriated by this Act: Provided
further, That within the funds provided for "Construction and
Environmental Compliance and Remediation", $40,500,000 shall be
available to support science research and development
activities; $109,800,000 shall be available to support
exploration research and development activities; $15,600,000
shall be available to support space operations research and
development activities; $300,700,000 shall be available for
institutional construction of facilities; and $62,100,00 shall
be available for environmental compliance and remediation:
Provided further, That of funds provided under the headings
``Space Operations'' and ``Exploration'' in this Act, up to
$60,000,000 may be transferred to ``Department of Commerce,
Economic Development Administration, Economic Development
Assistance Programs'' to spur regional economic growth in areas
impacted by Shuttle retirement and Exploration programmatic
changes: Provided further, That following the retirement of the
space shuttle orbiters, the National Aeronautics and Space
Administration shall bear any costs that normally would be
associated with surplusing the orbiters, including taking
hazardous orbiter systems offline, and any shuttle recipient
other than the Smithsonian Institution shall bear costs for
transportation and for preparing the surplused orbiter for
display: Provided further, That should the Administrator
determine that the Smithsonian Institution is an appropriate
venue for an orbiter, such orbiter shall be made available to
the Smithsonian at no or nominal cost: Provided further, That
any funds received by the National Aeronautics and Space
Administration as a result of the disposition of any orbiter
shall be available only as provided in subsequent
appropriations Acts: Provided further, That funds made
available for ``Space Operations'' in excess of those specified
for Space Shuttle, International Space Station, and Space and
Flight support may be transferred to ``Construction and
Environmental Compliance and Remediation'' for construction
activities only at National Aeronautics and Space
Administration owned facilities: Provided further, That funds
so transferred shall not be subject to section 505(a)(1) of
division B of Public Law 111-117 or to the transfer limitations
for the National Aeronautics and Space Administration described
in the Administrative Provisions of that Act, and shall be
available until September 30, 2015, only after notification of
such transfers to the House and Senate Committees on
Appropriations.
Sec. 2207. Of the funds made available for ``Department of
Commerce, Bureau of the Census, Periodic Censuses and
Programs'' in division B of Public Law 111-117, $1,740,000,000
is rescinded.
Sec. 2208. Section 529 of division B of Public Law 111-117
shall not apply to this Act.
Sec. 2209. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, and the National
Science Foundation are directed to submit spending plans,
signed by the respective department or agency head, to the
House and Senate Committees on Appropriations within 60 days of
enactment of this Act.
Sec. 2210. None of the funds provided to the Department of
Justice in this or any prior Act shall be available for the
acquisition of any facility that is to be used wholly or in
part for the incarceration or detention of any individual
detained at Naval Station, Guantanamo Bay, Cuba, as of June 24,
2009.
Sec. 2211. Notwithstanding any other provision of this Act,
the following set-asides included in division B of Public Law
111-117 for projects specified in the explanatory statement
accompanying that Act in the following accounts for the
corresponding amounts shall not apply to funds appropriated by
this Act: (1) ``Department of Commerce, International Trade
Administration, Operations and Administration'', $5,215,000;
(2) ``Department of Commerce, Minority Business Development
Agency, Minority Business Development'', $1,100,000; (3)
``Department of Commerce, National Institute of Standards and
Technology, Scientific and Technical Research and Services'',
$10,500,000; (4) ``Department of Commerce, National Institute
of Standards and Technology, Construction of Research
Facilities'', $47,000,000; (5) ``Department of Commerce,
National Oceanic and Atmospheric Administration, Operations,
Research and Facilities'', $99,295,000; (6) ``Department of
Commerce, National Oceanic and Atmospheric Administration,
Procurement, Acquisition and Construction'', $18,000,000; and
(7) ``National Aeronautics and Space Administration, Cross
Agency Support'', $63,000,000.
Sec. 2212. Of the unobligated balances available to
``Department of Justice, Legal Activities, Assets Forfeiture
Fund'', $500,000,000 is hereby rescinded.
CHAPTER 3--DEFENSE
Sec. 2301. Notwithstanding section 1101 of this Act, the
level for the ``Defense Health Program'' shall be
$32,097,203,000; of which $30,952,369,000 shall be for
operation and maintenance, of which not to exceed 2 percent
shall remain available until September 30, 2012, and of which
up to $16,212,121,000 may be available for contracts entered
into under the TRICARE program; of which $519,921,000, to
remain available for obligation until September 30, 2013, shall
be for procurement; and of which $624,913,000, to remain
available for obligation until September 30, 2012, shall be for
research, development, test and evaluation.
Sec. 2302. Amounts provided by section 1101 of this Act for
``Defense Health Program, Department of Defense'' shall be
available: (1) for the purposes provided under section 1704 of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84), (2) for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund under such section 1704, and (3) for
operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans
Affairs Medical Center, and Navy Ambulatory Care Center, and
supporting facilities designated as a combined federal medical
facility as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417).
Sec. 2303. (a) The authority provided by section 1202 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163), as amended by section 1222 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2518), and the authority provided by section
1222(e) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84), shall continue in effect through
the date specified in section 1106 of this Act.
(b) Notwithstanding section 1101 of this Act, the level
available for the ``Commander's Emergency Response Program''
shall be $500,000,000: Provided, That projects (including
ancillary or related elements in connection with each project)
executed under this authority shall not exceed $20,000,000:
Provided further, That the Secretary of Defense shall notify
the congressional defense committees in writing of any project
with a total anticipated cost for completion of $5,000,000 not
less than 15 days prior to obligating funds.
Sec. 2304. The authority provided by section 1234 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2532) shall continue in effect through
the earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2011 or December 31, 2011.
Sec. 2305. The authority provided by section 1224 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2521) shall continue in effect through
the earlier of the date of enactment of the National Defense
Authorization Act for Fiscal Year 2011 or December 31, 2011.
Sec. 2306. Notwithstanding any other provision of law, of
the amount provided to the Department of Defense by section
1101 of this Act for ``Operation and Maintenance'', up to
$75,000,000 may be obligated and expended for purposes of
building the capacity of Yemeni Ministry of Interior forces to
conduct counterterrorism operations, subject to the direction
and control of the Secretary of Defense, with the concurrence
of the Secretary of State: Provided, That the Secretary of
Defense shall, not fewer than 15 days prior to providing
assistance under this section, submit to the congressional
defense committees a notice setting forth the assistance to be
provided, including the types of such assistance, the budget
for such assistance, and the completion date for the provision
of such assistance.
Sec. 2307. All funds provided by section 1101 of this Act
for the ``Joint Improvised Explosive Device Defeat Fund'' may
be used for staff and infrastructure costs.
Sec. 2308. The authority provided by section 1014 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417), shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or December 31,
2011.
Sec. 2309. Section 8905a(d)(4)(B) of title 5, United States
Code, is amended--
(1) in clause (i), by striking ``October 1, 2010''
and inserting ``December 31, 2011''; and
(2) in clause (ii)--
(A) by striking ``February 1, 2011'' and
inserting ``February 1, 2012''; and
(B) by striking ``October 1, 2010'' and
inserting ``December 31, 2011''.
Sec. 2310. There is hereby established in the Treasury of
the United States the ``Afghanistan Infrastructure Fund''. Of
the funds made available in section 1101 of this Act,
$400,000,000 is available for the ``Afghanistan Infrastructure
Fund'', to remain available until September 30, 2012: Provided,
That such sums shall be available for infrastructure projects
in Afghanistan, notwithstanding any other provision of law,
which shall be undertaken by the Secretary of State, unless the
Secretary of State and the Secretary of Defense jointly decide
that a specific project will be undertaken by the Department of
Defense: Provided further, That the infrastructure referred to
in the preceding proviso is in support of the counterinsurgency
strategy, requiring funding for facility and infrastructure
projects, including water, power, and transportation projects
and related maintenance and sustainment costs: Provided
further, That the authority to undertake such infrastructure
projects is in addition to any other authority to provide
assistance to foreign nations: Provided further, That any
projects funded by this appropriation shall be jointly
formulated and concurred in by the Secretary of State and
Secretary of Defense: Provided further, That funds may be
transferred to the Department of State for purposes of
undertaking projects, which funds shall be considered to be
economic assistance under the Foreign Assistance Act of 1961
for purposes of making available the administrative authorities
contained in that Act: Provided further, That the transfer
authority in the preceding proviso is in addition to any other
authority available to the Department of Defense to transfer
funds: Provided further, That any unexpended funds transferred
to the Secretary of State under this authority shall be
returned to the Afghanistan Infrastructure Fund if the
Secretary of State, in coordination with the Secretary of
Defense, determines that the project cannot be implemented for
any reason, or that the project no longer supports the
counterinsurgency strategy in Afghanistan: Provided further,
That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this section
and shall be treated in the same manner as funds not
transferred to the Secretary of State: Provided further, That
contributions of funds for the purposes provided herein to the
Secretary of State in accordance with section 635(d) of the
Foreign Assistance Act from any person, foreign government, or
international organization may be credited to such Fund, to
remain available until expended, and used for such purposes:
Provided further, That not later than 45 days after the end of
each fiscal quarter, the Inspector General of the Department of
State or the Inspector General of the United States Agency for
International Development, as appropriate, shall provide to the
appropriate committees of Congress an assessment in writing of
whether the funds provided herein to the Department of State or
the United States Agency for International Development are
being used in the intended manner: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
making transfers to or from, or obligations from, the Fund,
notify the appropriate committees of Congress in writing of the
details of any such transfer: Provided further, That the
``appropriate committees of Congress'' are the Committees on
Armed Services, Foreign Relations, and Appropriations of the
Senate and the Committees on Armed Services, Foreign Affairs,
and Appropriations of the House of Representatives.
Sec. 2311. The authority provided by section 1021 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375; 118 Stat. 2042), as amended by
section 1011 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), shall
continue in effect through the earlier of the date of enactment
of the National Defense Authorization Act for Fiscal Year 2011
or the date specified in section 1106 of this Act.
Sec. 2312. The authority provided by section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 10 U.S.C. 371 note), as amended by section 1012 of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2441), shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or the date
specified in section 1106 of this Act.
Sec. 2313. The authority provided by section 1033 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85), as amended by section 1014 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2442), shall continue in effect through the earlier of
the date of enactment of the National Defense Authorization Act
for Fiscal Year 2011 or the date specified in section 1106 of
this Act.
Sec. 2314. The Secretary of the Navy may award a contract or
contracts for up to 20 Littoral Combat Ships subject to the
availability of appropriated funds for such purpose.
Sec. 2315. In addition to amounts otherwise made available
by this Act, $2,770,300,000, is hereby appropriated for title I
of division A of the Department of Defense Appropriations Act,
2010 (division A of Public Law 111-118).
Sec. 2316. The authority provided by sections 611, 612, 613,
614, 615, and 616 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) shall continue in effect
through the earlier of the date of enactment of the National
Defense Authorization Act for Fiscal Year 2011 or December 31,
2011.
Sec. 2317. The authority provided by section 631 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181) shall continue in effect through the earlier of
the date of enactment of the National Defense Authorization Act
for Fiscal Year 2011 or December 31, 2011.
Sec. 2318. Notwithstanding subsection (b) of section 310 of
the Supplemental Appropriations Act, 2009 (Public Law 111-32;
123 Stat. 1870), a claim described in that subsection that is
submitted before the date specified in section 1106 of this Act
shall be treated as a claim for which payment may be made under
such section 310.
Sec. 2319. The authority provided by section 1071 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84) shall continue in effect through the earlier of the
date of enactment of the National Defense Authorization Act for
Fiscal Year 2011 or December 31, 2011.
Sec. 2320. The authority provided by section 931 of the
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364) shall continue in effect through the earlier of
the date of enactment of the National Defense Authorization Act
for Fiscal Year 2011 or December 31, 2011.
Sec. 2321. The authority provided by section 1106 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84) shall continue in effect through the earlier of the
date of enactment of the National Defense Authorization Act for
Fiscal Year 2011 or December 31, 2011.
Sec. 2322. (a) Extension of Waiver.--Paragraph (1) of section
941(b) of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4577; 10
U.S.C. 184 note) is amended by striking ``fiscal years 2009 and
2010'' and inserting ``fiscal years 2009 through 2011.''
(b) Annual Report.--Paragraph (3) of such section 941(b) is
amended by striking ``in 2010 and 2011'' and inserting ``in
each year through 2012.''
Sec. 2323. Notwithstanding section 1101 of this Act,
sections 8006, 8076, and 8101 of the Department of Defense
Appropriations Act, 2010 (division A of Public Law 111-118),
shall not be applicable during the current fiscal year.
Sec. 2324. Notwithstanding any other provision of law,
during fiscal year 2011, not more than $150,000,000 of the
funds made available for overseas contingency operations
operation and maintenance may be obligated and expended for
purposes of the Task Force for Business and Stability
Operations, subject to the direction and control of the
Secretary of Defense, with concurrence of the Secretary of
State, to carry out strategic business and economic assistance
activities in support of Operation Enduring Freedom: Provided,
That the Secretary of Defense shall, not fewer than 15 days
prior to the use of the authority provided in this section,
submit to the congressional defense committees a notice setting
forth the projects to be initiated, including the budget and
the completion date for each project.
Sec. 2325. Subsection (a) of section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108-136; 117 Stat. 1723), as amended by section
2806 of the Military Construction Authorization Act for Fiscal
Year 2010 (division B of Public Law 111-84; 123 Stat. 2660),
shall continue in effect through the date specified in section
1106 of this Act.
Sec. 2326. Of the amounts made available to the Department
of Defense in section 1101 of this Act, the Secretary of
Defense shall provide $205,000,000 to the government of Israel
for the procurement of the Iron Dome defense system to counter
short-range rocket threats.
Sec. 2327. (a) None of the amounts made available and no
authority provided pursuant to section 1101 of this Act to the
Department of Defense shall be used for--
(1) the new production of items not funded for
production in fiscal year 2010 or prior years;
(2) the increase in production rates or levels of
effort above those sustained with amounts made
available for fiscal year 2010; or
(3) the initiation, resumption, or continuation of
any project, activity, operation, or organization
(defined as any project, subproject, activity, budget
activity, program element, and subprogram within an O-1
line, R-1 program element and P-1 line item in a budget
activity within an appropriation account) for which
appropriations, funds, or other authority were not
available during fiscal year 2010 except as approved
and described in subsection (b).
(b) The Secretary of Defense, with the approval of the
Director of the Office of Management and Budget, may make a
single transfer request to realign funds for execution in
fiscal year 2011, to include new starts, increases in
production or levels of effort, and other realignments to meet
military requirements for which funds were not provided for
during fiscal year 2010. The transfer of funds for such
purposes shall be accomplished using the procedures established
in section 8005 of the Department of Defense Appropriations
Act, 2010 (division A of Public Law 111-118), by not later than
60 days after the date of enactment of this Act: Provided, That
with the exception of funding provided in title I of the
Department of Defense Appropriations Act, 2010 and for the
``Defense Health Program'' in section 2301 of this Act, and
section 2332 of this Act, the program base from which
realignments are proposed shall be the allocations as
prescribed in section 1101 of this Act: Provided further, That
transfers made in the realignment reprogramming shall not be
taken into account for purposes of the limitation on the amount
of funds that may be transferred under section 8005 of the
Department of Defense Appropriation Act, 2010 (division A of
Public Law 111-118).
(c) Subsequent to a transfer under subsection (b), the
Secretary of Defense shall submit to the congressional defense
committees reports on the baseline for application of
reprogramming and transfer authorities for fiscal year 2011 as
provided in section 8007 of the Department of Defense
Appropriations Act, 2010 (division A of Public Law 111-118).
Sec. 2328. None of the amounts appropriated or authorities
granted pursuant to section 1101 of this Act for the National
Intelligence Program shall be used for new projects or sub-
projects for which funds were not provided for in fiscal year
2010 or for increases in level of effort for previously funded
projects or sub-projects above the fiscal year 2010 funded
level unless the congressional intelligence committees are
notified in accordance with the regular reprogramming
procedures.
Sec. 2329. Of the funds available in section 1101 of this
Act, $250,000,000 is hereby appropriated for ``Operation and
Maintenance, Defense-Wide'', to be available until expended:
Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic
Adjustment of the Department of Defense, or for transfer to the
Secretary of Education, notwithstanding any other provision of
law, to make grants, conclude cooperative agreements, or
supplement other federal funds to construct, renovate, repair,
or expand elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools: Provided further, That
in making such funds available, the Office of Economic
Adjustment or the Secretary of Education shall give priority
consideration to those military installations with schools
having the most serious capacity or facility condition
deficiencies, as determined by the Secretary of Defense.
Sec. 2330. Of the amounts provided to the Department of
Defense in section 1101 of this Act for operation and
maintenance, $300,000,000, shall be for ``Operation and
Maintenance, Defense-Wide'', to remain available until
expended. Such funds may be available for the Office of
Economic Adjustment, notwithstanding any other provision of
law, for transportation infrastructure improvements associated
with medical facilities related to recommendations of the
Defense Base Closure and Realignment Commission.
Sec. 2331. None of the amounts appropriated or otherwise
made available or authorities provided pursuant to section 1101
of this Act for the Department of Defense shall be used to
initiate multi-year procurements.
Sec. 2332. In addition to amounts otherwise made available
by this Act, $2,000,000 is appropriated for the National
Commission for the Review of the Research and Development
Programs of the United States Intelligence Community.
Sec. 2333. For purposes of section 8089 of division A of the
Department of Defense Appropriations Act, 2010 (division A of
Public Law 111-118), any funds transferred shall retain the
same period of availability as when originally appropriated.
Sec. 2334. (a) The amount provided by section 1101 of this
Act for title II of division A of the Department of Defense
Appropriations Act, 2010 (division A of Public Law 111-118) is
hereby reduced to reflect excess cash balances in Department of
Defense Working Capital Funds, as follows: From ``Operation and
Maintenance, Army'', $483,000,000.
(b) Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts:
(1) ``Aircraft Procurement, Navy, 2010/2012'',
$168,000,000;
(2) ``Aircraft Procurement, Air Force, 2010/2012'',
$136,000,000; and
(3) ``Research, Development, Test and Evaluation, Air
Force 2010/2011'', $182,000,000.
CHAPTER 4--ENERGY AND WATER DEVELOPMENT, AND RELATED AGENCIES
Sec. 2401. Sections 106, 107, 109 through 125, 203, 205
through 211, and 314 of the Energy Water and Development and
Related Agencies Appropriations Act, 2010 (Public Law 111-85)
shall not apply to funds appropriated in this Act.
Sec. 2402. The Secretary of the Army, acting through the
Chief of Engineers, may waive the limitation concerning total
project costs in section 902 of the Water Resources Development
Act of 1986 (33 U.S.C. 2280), if such limitation would be
exceeded during fiscal year 2011 for any project that receives
funds provided in this Act.
Sec. 2403. Notwithstanding section 1101, the level for
``Corps of Engineers, Civil, Construction'' shall be
$1,837,000,000.
Sec. 2404. All of the provisos under the heading ``Corps of
Engineers, Civil, Construction'' in Public Law 111-85 shall not
apply to funds appropriated in this Act.
Sec. 2405. The proviso under the heading ``Corps of
Engineers, Civil, Mississippi River and Tributaries'' in Public
Law 111-85 shall not apply to funds appropriated in this Act.
Sec. 2406. The authority provided by section 126 of Public
Law 111-85, which continues in effect through the date
specified in section 1106 of this Act, shall include the
authority to undertake such modifications or emergency measures
as the Secretary of the Army determines to be appropriate to
prevent aquatic nuisance species from dispersing into the Great
Lakes by way of any hydrologic connection between the Great
Lakes and the Mississippi River.
Sec. 2407. The last four provisos under the heading
``Department of the Interior, Bureau of Reclamation, Water and
Related Resources'' in Public Law 111-85 shall not apply to
funds appropriated in this Act.
Sec. 2408. Notwithstanding section 1101, the level for each
of the following accounts under the heading ``Department of
Energy, Energy Programs'' shall be as follows: ``Advanced
Technology Vehicles Manufacturing Loan Program'', $9,998,000;
``Office of the Inspector General'', $42,850,000; ``Electricity
Delivery and Energy Reliability'', $158,982,000; ``Nuclear
Energy'', $768,637,000; and ``Strategic Petroleum Reserve'',
$209,861,000.
Sec. 2409. The first proviso under the heading ``Department
of Energy, Energy Programs, Science'' in title III of the
Energy and Water Development Appropriations Act, 2010 (Public
Law 111-85) shall not apply to funds appropriated in this Act.
Sec. 2410. Up to a total of $300,000,000 of funds provided
by section 1101 for ``Department of Energy, Energy Programs,
Energy Efficiency and Renewable Energy'' and ``Department of
Energy, Energy Programs, Science'' may be transferred by the
Secretary of Energy to ``Advanced Research Projects Agency--
Energy'': Provided, That of the funds transferred, the Director
of the Advanced Research Projects Agency--Energy shall have the
authority to fix basic pay and payments in addition to basic
pay without regard to the civil service laws, provided that
aggregate pay does not exceed the Vice President's salary as
specified in 3 U.S.C. 104.
Sec. 2411. Notwithstanding section 1101, subject to section
502 of the Congressional Budget Act of 1974, amounts necessary
to support commitments to guarantee loans under title XVII of
the Energy Policy Act of 2005, not to exceed a total principal
amount of $10,000,000,000, to remain available until committed:
Provided, That of such amount $7,000,000,000 is for nuclear
power facilities and $3,000,000,000 is for fossil energy
technologies: Provided further, That these amounts are in
addition to authorities provided in any other Act: Provided
further, That for amounts collected pursuant to section
1702(b)(2) of the Energy Policy Act of 2005, the source of such
payment received from borrowers may not be a loan or other debt
obligation that is guaranteed by the Federal Government:
Provided further, That pursuant to section 1702(b)(2) of the
Energy Policy Act of 2005, no appropriations are available to
pay the subsidy cost of such guarantees for nuclear power
facilities or fossil energy technologies: Provided further,
That none of the loan guarantee authority made available in
this Act shall be available for commitments to guarantee loans
for any projects with respect to which funds, personnel, or
property (tangible or intangible) of any Federal agency,
instrumentality, personnel, or affiliated entity are expected
to be used (directly or indirectly) through acquisitions,
contracts, demonstrations, exchanges, grants, incentives,
leases, procurements, sales, other transaction authority, or
other arrangements, to support the project or to obtain goods
or services from the project: Provided further, That the
previous proviso shall not be interpreted as precluding the use
of the loan guarantee authority in this Act for commitments to
guarantee loans for (1) projects as a result of such projects
benefitting from otherwise allowable Federal income tax
benefits; (2) projects as a result of such projects benefitting
from being located on Federal land pursuant to a lease or
right-of-way agreement for which all consideration for all uses
is (A) paid exclusively in cash, (B) deposited in the Treasury
as offsetting receipts, and (C) equal to the fair market value
as determined by the head of the relevant Federal agency; (3)
projects as a result of such projects benefitting from Federal
insurance programs, including under section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210; commonly known as the
``Price-Anderson Act''); or (4) electric generation projects
using transmission facilities owned or operated by a Federal
Power Marketing Administration or the Tennessee Valley
Authority that have been authorized, approved, and financed
independent of the project receiving the guarantee: Provided
further, That none of the loan guarantee authority made
available in this Act shall be available for any project unless
the Director of the Office of Management and Budget has
certified in advance in writing that the loan guarantee and the
project comply with the provisos under this section: Provided
further, That in addition to amounts otherwise made available
by this Act, $306,000,000 is appropriated, to remain available
until expended, for the cost of loan guarantees for projects
that employ: (1) new or significantly improved technologies of
renewable energy systems or efficient end-use energy
technologies under section 1703 of the Energy Policy Act of
2005; or (2) notwithstanding section 1703(a)(2), commercial
technologies of renewable energy systems, efficient end-use
energy technologies, or leading edge biofuel projects: Provided
further, That of the authority provided for commitments to
guarantee loans under ``Department of Energy, Energy Programs,
Title 17 Innovative Technology Loan Guarantee Program'' in
title III of division C of Public Law 111-8 and title III of
division C of Public Law 110-161, $18,000,000,000 is rescinded:
Provided further, That an additional amount for necessary
administrative expenses to carry out this Loan Guarantee
program, $58,000,000 is appropriated, to remain available until
expended: Provided further, That $58,000,000 of the fees
collected pursuant to section 1702(h) of the Energy Policy Act
of 2005 shall be credited as offsetting collections to this
account to cover administrative expenses and shall remain
available until expended, so as to result in a final fiscal
year 2011 appropriations from the general fund estimated at not
more than $0: Provided further, That fees collected under such
section 1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until
appropriated.
Sec. 2412. Notwithstanding section 1101, the level for
``Atomic Energy Defense Activities, National Nuclear Security
Administration, Weapons Activities'' shall be $7,008,835,000:
Provided, That $624,000,000 of such amount shall be available
only upon the Senate giving its advice and consent to the
ratification of the Treaty between the United States of America
and the Russian Federation on Measures for the Further
Reduction and Limitation of Strategic Offensive Arms (commonly
known as the ``New START Treaty'').
Sec. 2413. All of the provisos under the heading ``Atomic
Energy Defense Activities, National Nuclear Security
Administration, Weapons Activities'' in title III of the Energy
and Water Development Appropriations Act, 2010 (Public Law 111-
85) shall not apply to funds appropriated in this Act.
Sec. 2414. Notwithstanding section 1101, the level for
``Atomic Energy Defense Activities, National Nuclear Security
Administration, Defense Nuclear Nonproliferation'' shall be
$2,575,000,000.
Sec. 2415. The first proviso under the heading ``Atomic
Energy Defense Activities, National Nuclear Security
Administration, Office of the Administrator'' in title III of
the Energy and Water Development Appropriations Act, 2010
(Public Law 111-85) shall not apply to funds appropriated in
this Act.
Sec. 2416. Notwithstanding section 1101, the level for
``Department of Energy, Environmental and Other Defense
Activities, Defense Environmental Cleanup'' shall be
$5,263,031,000, of which $33,700,000 shall be transferred to
the ``Uranium Enrichment Decontamination and Decommissioning
Fund''.
Sec. 2417. (a) Notwithstanding any other provision of law, no
funds appropriated in this or any other Act may be used in
fiscal year 2011 to transfer, sell, barter, distribute, or
otherwise provide more than 3,300,000 pounds of natural uranium
equivalent of uranium in any form from the Department of
Energy's inventory.
(b) Any transfer, sale, barter, distribution, or other
provision of uranium in any form under subsection (a) shall be
carried out consistent with the Department of Energy's Excess
Uranium Inventory Management Plan, dated December 16, 2008.
(c) The prohibition in subsection (a) shall not apply to the
transfer, sale, barter, distribution, or other provision of
uranium in any form for use in initial reactor cores.
(d) Not less than 30 days prior to the transfer, sale,
barter, distribution, or other provision of uranium in any form
in accordance with this section, the Secretary of Energy shall
notify the Committees on Appropriations of the House of
Representatives and the Senate. Such notification shall include
the following information:
(1) The amount of uranium to be transferred, sold,
bartered, distributed, or otherwise provided.
(2) The estimated market value of the uranium.
(3) The expected date of the transfer, sale, barter,
distribution, or provision of the uranium.
(4) The recipient of uranium.
Sec. 2418. Notwithstanding section 1105, no appropriation,
funds, or authority made available pursuant to section 1101 for
the Department of Energy shall be used to initiate or resume
any project or activity or to initiate Requests For Proposals
or similar arrangements (including Requests for Quotations,
Requests for Information, and Funding Opportunity
Announcements) for a program or activity if the program or
activity has not been funded by Congress, unless prior approval
is received from the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 2419. During the period specified in section 1106 of
this Act, section 15751(b) of title 40, United States Code,
shall not apply to the Northern Border Regional Commission.
Sec. 2420. Within 30 days of enactment of this Act, the
Department of Energy, Corps of Engineers, Civil, and Bureau of
Reclamation shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a spending,
expenditure, or operating plan for fiscal year 2011 at a level
of detail below the account level.
CHAPTER 5--FINANCIAL SERVICES AND GENERAL GOVERNMENT
Sec. 2501. Notwithstanding section 1101, the level for each
of the following accounts of the Department of the Treasury
shall be as follows: ``Departmental Offices, Salaries and
Expenses'', $320,088,000; ``Special Inspector General for the
Troubled Asset Relief Program, Salaries and Expenses'',
$36,300,000; ``Treasury Inspector General for Tax
Administration, Salaries and Expenses'', $155,452,000;
``Financial Management Service, Salaries and Expenses'',
$235,253,000; ``Alcohol and Tobacco Tax and Trade Bureau,
Salaries and Expenses'', $101,000,000; and ``Bureau of the
Public Debt, Administering the Public Debt'', $185,985,000.
Sec. 2502. Notwithstanding section 1101, under the heading
``Department of the Treasury, Departmental Offices, Salaries
and Expenses'' in division C of Public Law 111-117, the
requirement to transfer funds to the National Academy of
Sciences for a carbon audit of the tax code shall not apply to
funds appropriated by this Act.
Sec. 2503. Notwithstanding section 1101, under the heading
``Department of the Treasury, Department-wide Systems and
Capital Investments Programs'' in division C of Public Law 111-
117, the first proviso shall not apply to funds appropriated by
this Act.
Sec. 2504. Notwithstanding section 1101, under the heading
``Alcohol and Tobacco Tax and Trade Bureau'' in division C of
Public Law 111-117, the first proviso shall not apply to funds
appropriated by this Act.
Sec. 2505. Of the unobligated balances available under the
heading ``Treasury Forfeiture Fund'', $350,000,000 is
rescinded.
Sec. 2506. Notwithstanding section 1101, the requirement to
transfer funds to the Capital Magnet Fund under the heading
``Department of the Treasury, Community Development Financial
Institutions Fund Program Account'' in title I of division C of
Public Law 111-117 shall not apply to funds appropriated by
this Act, and the funds subject to such transfer shall remain
with the aggregate amount of funds provided under the first
paragraph under such heading in such Public Law.
Sec. 2507. Notwithstanding section 1101, the level for each
of the following accounts of the Internal Revenue Service shall
be as follows: ``Taxpayer Services'', $2,338,215,000;
``Operations Support'', $4,159,884,000; ``Business Systems
Modernization'', $363,897,000; and ``Health Insurance Tax
Credit Administration'', $18,987,000.
Sec. 2508. Notwithstanding section 1101, the level for
``Internal Revenue Service, Enforcement'' shall be
$5,629,500,000, of which not less than $125,500,000 shall be
for enforcement related to offshore tax evasion.
Sec. 2509. Notwithstanding section 1101, the level for each
of the following accounts shall be $0: ``Executive Office of
the President and Funds Appropriated to the President,
Partnership Fund for Program Integrity Innovation''; ``Office
of National Drug Control Policy, Counterdrug Technology
Assessment Center''; ``District of Columbia, Federal Payment
for Consolidated Laboratory Facility''; and ``Election
Assistance Commission, Election Reform Programs''.
Sec. 2510. Notwithstanding section 1101, the level for each
of the following accounts shall be as follows: ``Executive
Office of the President and Funds Appropriated to the
President, White House Repair and Restoration'', $2,005,000;
``Executive Office of the President and Funds Appropriated to
the President, National Security Council and Homeland Security
Council'', $13,984,000; ``The Judiciary, Fees of Jurors and
Commissioners'', $52,410,000; ``The Judiciary, Vaccine Injury
Compensation Trust Fund'', $4,785,000; ``Administrative
Conference of the United States'', $2,750,000; ``Federal
Deposit Insurance Corporation, Office of the Inspector
General'', $47,916,000; ``Harry S Truman Scholarship
Foundation'', $1,010,000; and ``Office of Special Counsel,
Salaries and Expenses'', $19,435,000.
Sec. 2511. Any expenses incurred by the Election Assistance
Commission using amounts appropriated under the heading
``Election Assistance Commission, Election Reform Programs'' in
the Transportation, Treasury, and Independent Agencies
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 327)
for any program or activity which the Commission is authorized
to carry out under the Help America Vote Act of 2002 shall be
considered to have been incurred for the programs and
activities described under such heading.
Sec. 2512. Notwithstanding section 1101, the level for ``The
Judiciary, Courts of Appeals, District Courts, and Other
Judicial Services, Salaries and Expenses'' shall be
$5,137,236,000; Provided, That notwithstanding section 302 of
division C of Public Law 111-117, not to exceed $101,962,000
shall be available for transfer between accounts to maintain
fiscal year 2010 operating levels.
Sec. 2513. Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District
of Kansas), by striking ``19 years'' and inserting ``20
years'';
(2) in the sixth sentence (relating to the Northern
District of Ohio), by striking ``19 years'' and
inserting ``20 years''; and
(3) in the seventh sentence (relating to the District
of Hawaii), by striking ``16 years'' and inserting ``17
years''.
Sec. 2514. Notwithstanding any other provision of this Act,
except section 1106, the District of Columbia may expend local
funds for programs and activities under the heading ``District
of Columbia Funds'' for such programs and activities under
title IV of S. 3677 (111th Congress), as reported by the
Committee on Appropriations of the Senate, at the rate set
forth under ``District of Columbia Funds'' as included in the
Fiscal Year 2011 Budget Request Act (D.C. Act 18-448), as
modified as of the date of the enactment of this Act.
Sec. 2515. Notwithstanding section 1101, the limits set
forth in section 702 of division C of Public Law 111-117 shall
not apply to any vehicle that is a commercial item and which
operates on emerging motor vehicle technology, including
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 2516. Notwithstanding section 1101, the aggregate
amount of new obligational authority provided under the heading
``General Services Administration, Real Property Activities,
Federal Buildings Fund, Limitations on Availability of
Revenue'' for Federal buildings and courthouses and other
purposes of the Fund shall be $8,228,561,000, of which
$492,722,000 is provided for ``Construction and Acquisition''
and $500,067,000 is provided for ``Repairs and Alterations'':
Provided, That the Administrator of General Services is
authorized to initiate design, construction, repair,
alteration, leasing, and other projects through existing
authorities of the Administrator: Provided further, That the
General Services Administration shall submit a detailed plan,
by project, regarding the use of funds to the Committees on
Appropriations of the House of Representatives and the Senate
within 30 days of enactment of this section and will provide
notification to the Committees within 15 days prior to any
changes regarding the use of these funds.
Sec. 2517. The matter pertaining to the amount of $1,000,000
under the heading ``General Services Administration, Operating
Expenses'' in division C of Public Law 111-117 (123 Stat. 3190)
shall not apply to funds appropriated by this Act.
Sec. 2518. Notwithstanding section 1101, the level for each
of the following accounts of the National Archives and Records
Administration shall be as follows: ``Operating Expenses'',
$348,689,000; ``Office of Inspector General'', $4,250,000;
``Electronic Records Archives'', $72,000,000, of which
$52,500,000 shall remain available until September 30, 2013;
``Repairs and Restoration'' , $11,848,000; and ``National
Historical Publications and Records Commission, Grants
Program'', $10,000,000.
Sec. 2519. Public Law 109-115 is amended, under the heading
``National Archives and Records Administration, Repairs and
Restoration'', by striking ``of which $1,500,000 is to
construct a new regional archives and records facility in
Anchorage, Alaska,''.
Sec. 2520. Division H of Public Law 108-447 is amended,
under the heading ``National Archives and Records
Administration, Repairs and Restoration'', by striking ``of
which $3,000,000 is for site preparation and construction
management to construct a new regional archives and records
facility in Anchorage, Alaska, and''.
Sec. 2521. Public Law 111-240 is amended in section 1114 and
section 1704 by striking ``December 31, 2010'' and inserting
``September 30, 2011'' each time it appears and in section 1704
by adding at the end the following: ``(c) For purposes of the
loans made under this section, the maximum guaranteed amount
outstanding to the borrower may not exceed $4,500,000.''.
Sec. 2522. Notwithstanding section 1101, the level for
``United States Postal Service, Payment to the Postal Service
Fund'' shall be $29,000,000; and, notwithstanding section 1109,
an additional $74,905,000 shall be available for obligation on
October 1, 2011.
Sec. 2523. Of the unobligated balances of prior year
appropriations available under the heading ``Privacy and Civil
Liberties Oversight Board'', $1,500,000 is rescinded.
Sec. 2524. Section 617 of division C of Public Law 111-117
is amended by striking ``December 31, 2009'' and inserting
``December 31, 2010''.
Sec. 2525. Of the unobligated balances of prior year
appropriations available under the heading ``Federal
Communications Commission, Salaries and Expenses'', $2,800,000
is rescinded.
Sec. 2526. Section 710 of division C of Public Law 111-117
is amended in subsection (c) by striking ``September 30, 2009''
and inserting ``September 30, 2010'' and in subsection (e) by
striking ``September 30, 2009'' and inserting ``September 30,
2010''.
Sec. 2527. Section 805(b) of division C of Public Law 111-
117 is amended by striking ``November 1, 2010'' and inserting
``November 1, 2011''.
Sec. 2528. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by striking
``December 31, 2010'' each place it appears and inserting
``December 31, 2011.''
CHAPTER 6--HOMELAND SECURITY
Sec. 2601. Within 30 days after the date of enactment of
this Act, the Department of Homeland Security shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate an expenditure plan for fiscal
year 2011 at a level of specificity below the account level for
the activities listed in the detailed funding table contained
in Public Law 111-83.
Sec. 2602. Notwithstanding section 1101, the level for
``Office of the Under Secretary for Management'' shall be
$366,617,000, of which $129,384,000 shall remain available
until expended for headquarters consolidation and improvements.
Sec. 2603. Notwithstanding section 1101, the level for
``Office of the Federal Coordinator for Gulf Coast Rebuilding''
shall be $0.
Sec. 2604. Notwithstanding section 1101, the level for each
of the following accounts shall be as follows: ``U.S. Customs
and Border Protection, Salaries and Expenses'', $8,208,013,000;
``U.S. Customs and Border Protection, Automation
Modernization'', $347,575,000; ``U.S. Customs and Border
Protection, Border Security Fencing, Infrastructure, and
Technology'', $574,173,000; and ``U.S. Customs and Border
Protection, Construction and Facilities Management'',
$275,740,000.
Sec. 2605. Notwithstanding section 1101, the level for each
of the following accounts shall be as follows: ``U.S.
Immigration and Customs Enforcement, Salaries and Expenses'',
$5,437,834,000; and ``U.S. Immigration and Customs Enforcement,
Automation Modernization'', $84,700,000.
Sec. 2606. Notwithstanding section 1101, the level for each
of the following accounts shall be as follows: ``Transportation
Security Administration, Aviation Security'', $5,269,490,000,
of which $320,000,000 shall be for the purchase and
installation of explosives detection systems; ``Transportation
Security Administration, Surface Transportation Security'',
$137,558,000; and ``Transportation Security Administration,
Federal Air Marshals'', $926,711,000: Provided, That in
applying the second proviso under the Aviation Security heading
with respect to amounts made available by this Act, ``9
percent'' shall be substituted for ``28 percent'': Provided
further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to the
``Aviation Security'' appropriation as offsetting collections
and shall be available only for aviation security: Provided
further, That the sum appropriated under the Aviation Security
heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during
fiscal year 2011, so as to result in a final fiscal year
appropriation from the general fund estimated at not more than
$3,169,490,000.
Sec. 2607. Section 514 of Public Law 111-83 is amended to
read as follows:
``Sec. 514. (a) The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall work with air
carriers and airports to ensure that screening (as that term is
defined in section 44901(g)(5) of title 49, United States
Code), increases incrementally each quarter until the
requirement under section 44901(g)(2)(B) of such title is met.
``(b) Not later than 120 days after the end of each quarter,
the Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
report on air cargo inspection statistics by airport and air
carrier detailing the incremental progress being made to meet
the requirement of section 44901(g)(2)(B) of title 49, United
States Code.
``(c) Not later than 180 days after the date of the enactment
of the Full-Year Continuing Appropriations Act, 2011, the
Assistant Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
a report that either--
``(1) certifies that the requirement for screening
all air cargo on passenger aircraft by the deadline
under section 44901(g) of title 49, United States Code
has been met; or
``(2) includes a strategy to comply with the
requirements under section 44901(g) of title 49, United
States Code, including--
``(A) a plan to meet the requirement under
section 44901(g) of title 49, United States
Code, to screen 100 percent of air cargo
transported on passenger aircraft arriving in
the United States in foreign air transportation
(as that term is defined in section 40102 of
that title); and
``(B) specification of--
``(i) the percentage of such air
cargo that is being screened; and
``(ii) the schedule for achieving
screening of 100 percent of such air
cargo.
``(d) The Assistant Secretary shall continue to submit
reports described in subsection (c)(2) every 180 days
thereafter until the Assistant Secretary certifies that the
Transportation Security Administration has achieved screening
of 100 percent of such air cargo.''.
Sec. 2608. (a) Civil Penalties.--Section 46301(a)(5)(A)(i) of
title 49, United States Code, is amended--
(1) by striking ``or chapter 449'' and inserting
``chapter 449''; and
(2) by inserting ``, or section 46314(a)'' after
``44909)''.
(b) Criminal Penalties.--Section 46314(b) of title 49, United
States Code, is amended to read as follows:
``(b) Criminal Penalty.--A person violating subsection (a) of
this section shall be fined under title 18, imprisoned for not
more than 10 years, or both.''.
(c) Notice of Penalties.--Section 46314 of title 49, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Notice of Penalties.--
``(1) In general.--Each operator of an airport in the
United States that is required to establish an air
transportation security program pursuant to section
44903(c) shall ensure that signs that meet such
requirements as the Secretary of Homeland Security may
prescribe providing notice of the penalties imposed
under sections 46301(a)(5)(A)(i) and subsection (b) of
this section, are displayed near all screening
locations, all locations where passengers exit the
sterile area, and such other locations at the airport
as the Secretary of Homeland Security determines
appropriate.
``(2) Effect of signs on penalties.--An individual
shall be subject to the penalty provided for under
section 46301(a)(5)(A)(i) and subsection (b) of this
section without regard to whether or not signs are
displayed at an airport as required by paragraph
(1).''.
Sec. 2609. Notwithstanding section 1101, the level for
``Coast Guard, Operating Expenses'' shall be $6,913,113,000, of
which $241,503,000 made available for overseas deployments and
other activities is designated as an emergency requirement and
necessary to meet emergency needs pursuant to sections 403(a)
and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010: Provided, That
the Coast Guard may decommission one Medium Endurance Cutter,
two High Endurance Cutters, four HU-25 aircraft, the Maritime
Intelligence Fusion Center, and one Maritime Safety and
Security Team, and make staffing changes at the Coast Guard
Investigative Service, as outlined in its budget justification
documents for fiscal year 2011 as submitted to the Committees
on Appropriations of the Senate and House of Representatives.
Sec. 2610. Notwithstanding section 1101, the level for
``Coast Guard, Acquisition, Construction, and Improvements''
shall be $1,477,985,000, of which $2,000,000 shall be derived
from the Coast Guard Housing Fund, established by section 687
of title 14, United States Code, and shall remain available
until expended for military family housing; of which
$73,200,000 shall be for vessels, small boats, critical
infrastructure and related equipment; of which $36,000,000
shall be for other equipment; of which $69,200,000 shall be for
shore facilities and aids to navigation facilities; of which
$106,083,000 shall be available for personnel compensation and
benefits and related costs; and of which $1,191,502,000 shall
be for the Integrated Deepwater Systems program: Provided, That
of the funds made available for the Integrated Deepwater
Systems program, $103,000,000 is for aircraft and $933,002,000
is for surface ships.
Sec. 2611. Notwithstanding section 1101, the level for
``Coast Guard, Alteration of Bridges'' shall be $0.
Sec. 2612. (a) Subject to subsection (b), for fiscal year
2011, the Coast Guard may enter into agreements under section
1535 of title 31, United States Code, with the Secretary of the
Navy for the disposal of Coast Guard vessels in accordance with
sections 7305 and 7305a of title 10, United States Code.
(b) Any agreement entered into under subsection (a) shall be
at no additional cost to the United States Navy.
Sec. 2613. In addition to amounts otherwise made available
by this Act to ``United States Secret Service, Salaries and
Expenses'', $14,000,000 is appropriated for costs associated
with protection to be provided to candidates in the 2012
presidential campaign and $7,000,000 is appropriated for costs
associated with implementation of the United States Secret
Service Uniformed Division Modernization Act of 2010 (Public
Law 111-282).
Sec. 2614. Notwithstanding section 1101, the level for
``National Protection and Programs Directorate, Infrastructure
Protection and Information Security'' shall be $878,316,000.
Sec. 2615. Notwithstanding section 1101, the level for
``United States Visitor and Immigrant Status Indicator
Technology'' shall be $339,263,000.
Sec. 2616. Notwithstanding section 1101, the level for
``Federal Emergency Management Agency, State and Local
Programs'' shall be $2,913,058,000: Provided, That 4.5 percent
of the amount provided shall be transferred to the Federal
Emergency Management Agency ``Management and Administration''
account for program administration: Provided further, That
paragraph (10) and subparagraphs (B) and (C) of paragraph (13)
under the heading ``Federal Emergency Management Agency, State
and Local Programs'' in Public Law 111-83 shall not apply to
funds appropriated by this Act: Provided further, That
$12,558,000 is available under paragraph (12) under such
heading in such public law, to be competitively awarded.
Sec. 2617. Notwithstanding section 1101, in fiscal year
2011, funds shall not be available from the National Flood
Insurance Fund under section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017) for operating expenses
in excess of $110,000,000, and for agents' commissions and
taxes in excess of $963,339,000: Provided, That notwithstanding
section 1101, for activities under the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.), the level
shall be $169,000,000, which shall be derived from offsetting
collections assessed and collected under 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), of
which not to exceed $22,145,000 shall be available for salaries
and expenses associated with flood mitigation and flood
insurance operations; and not less than $146,855,000 shall be
available for flood plain management and flood mapping, which
shall remain available until September 30, 2012.
Sec. 2618. Notwithstanding the requirement under section
34(a)(1)(A) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to
increase the number of firefighters in fire departments, the
Secretary of Homeland Security, in making grants under section
34 of such Act using the funds appropriated for fiscal year
2011, shall grant waivers from the requirements of subsections
(a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section:
Provided further, That section 34(a)(1)(E) of such Act shall
not apply with respect to funds appropriated for fiscal year
2011 for grants under section 34 of such Act: Provided further,
That the Secretary of Homeland Security, in making grants under
section 34 of such Act, shall ensure that funds appropriated
for fiscal year 2011 are made available for the retention of
firefighters.
Sec. 2619. Notwithstanding section 1101, the level for
``Federal Emergency Management Agency, National Predisaster
Mitigation Fund'' shall be $85,000,000.
Sec. 2620. Notwithstanding section 1101, the level for
``Federal Emergency Management Agency, Disaster Relief'' shall
be increased by $130,000,000.
Sec. 2621. Section 203 (m) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(m)) is amended by striking ``September 30, 2010'' and
inserting ``September 30, 2011''.
Sec. 2622. Notwithstanding section 1101, the level for
``United States Citizenship and Immigration Services'' shall be
$306,400,000, of which $176,000,000 shall be for processing
applications for asylum or refugee status, and of which
$103,400,000 is for the E-Verify Program, as authorized by
section 402 of the Illegal Immigration Reform and Immigrant
Responsibility Act (8 U.S.C. 1324a note): Provided, That none
of the funds made available in this section shall be available
for development of the system commonly known as the ``REAL ID
hub''.
Sec. 2623. Notwithstanding section 1101, the level for
``Federal Law Enforcement Training Center, Acquisition,
Construction, Improvements, and Related Expenses'' shall be
$38,456,000.
Sec. 2624. Notwithstanding section 1101, the level for
``Science and Technology, Research, Development, Acquisition,
and Operations'' shall be $821,906,000: Provided, That the
final proviso under this heading in Public Law 111-83 (related
to the National Bio- and Agro-defense Facility) shall have no
effect with respect to all amounts available under this
heading.
Sec. 2625. Notwithstanding section 1101, the level for
``Domestic Nuclear Detection Office, Research, Development, and
Operations'' shall be $299,537,000.
Sec. 2626. Section 560 of Public Law 111-83 (123 Stat. 2181)
is amended to read as follows:
``Sec. 560. (a) No funding provided in this or previous
appropriations Acts shall be used for construction of the
National Bio- and Agro-defense Facility in Manhattan, Kansas
until--
``(1) the Department of Homeland Security has
completed 50 percent of National Bio- and Agro-defense
Facility design planning and submitted a revised site-
specific biosafety and biosecurity mitigation risk
assessment that describes how to significantly reduce
risks of conducting essential research and diagnostic
testing at the National Bio- and Agro-defense Facility
and addresses shortcomings identified in the National
Academy of Sciences' evaluation of the initial site-
specific biosafety and biosecurity mitigation risk
assessment; and
``(2) the National Academy of Sciences submits an
evaluation of the revised site-specific biosafety and
biosecurity mitigation risk assessment.
``(b) The revised site-specific biosafety and biosecurity
mitigation risk assessment required by subsection (a) shall--
``(1) include a quantitative risk assessment for
foot-and-mouth disease virus, in particular
epidemiological and economic impact modeling to
determine the overall risk of operating the facility
for its expected 50-year life span, taking into account
strategies to mitigate risk of foot-and-mouth disease
virus release from the laboratory and ensure safe
operations at the approved National Bio- and Agro-
defense Facility site;
``(2) address the impact of surveillance, response,
and mitigation plans (developed in consultation with
local, State, and national authorities and appropriate
stakeholders) if a release occurs, to detect and
control the spread of disease; and
``(3) include overall risks of the most dangerous
pathogens the Department of Homeland Security expects
to hold in the National Bio- and Agro-defense
Facility's biosafety level 4 facility, and
effectiveness of mitigation strategies to reduce those
risks.
``(c) The Secretary of Homeland Security shall enter into a
contract with the National Academy of Sciences to evaluate the
adequacy and validity of the risk assessment required by
subsection (a). The National Academy of Sciences shall submit a
report on such evaluation within 4 months after the date the
Department of Homeland Security concludes its risk
assessment.''.
Sec. 2627. From the unobligated balances for ``Operations''
of funds transferred to the Department of Homeland Security
when it was created in 2003, $1,891,657 is rescinded.
Sec. 2628. From the unobligated balances available for prior
fiscal years for ``U.S. Customs and Border Protection,
Construction'' for construction projects, $99,772,000 is
rescinded: Provided, That the amounts rescinded under this
section shall be limited to amounts available for Border Patrol
projects and facilities.
Sec. 2629. From the unobligated balances of funds for the
``Violent Crime Reduction Program'' transferred to the
Department of Homeland Security when it was established in
2003, $4,912,245 is rescinded.
Sec. 2630. From the unobligated balances of prior year
appropriations made available for ``U.S. Customs and Border
Protection, Salaries and Expenses'' transferred to the
Department of Homeland Security when it was established in
2003, $18,122,393 is rescinded.
Sec. 2631. From the unobligated balances of prior year
appropriations made available for ``Federal Emergency
Management Agency, National Pre-Disaster Mitigation Fund'',
$18,173,641 is rescinded.
Sec. 2632. From the unobligated balances of funds for the
``Office for Domestic Preparedness'' transferred to the
Department of Homeland Security when it was established,
$10,568,964 is rescinded.
Sec. 2633. From unobligated balances of prior year
appropriations made available for United States Citizenship and
Immigration Services for the program commonly known as the
``REAL ID hub'', $16,500,000 is rescinded.
Sec. 2634. From the unobligated balances of prior year
appropriations made available for ``Science and Technology,
Research, Development, Acquisition, and Operations'',
$32,000,000 is rescinded.
Sec. 2635. From the unobligated balances of funds made
available in the Department of the Treasury Forfeiture Fund
established by section 9703 of title 31, United States Code,
that was added to such title by section 638 of Public Law 102-
393, $22,600,000 is rescinded.
Sec. 2636. Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C.
121 note), is amended by striking ``on October 4, 2010'' and
inserting ``on October 4, 2011''.
Sec. 2637. Section 532(a) of Public Law 109-295 (120 Stat.
1384), as amended by section 519 of Public Law 111-83 (123 Stat
2171), is amended by striking ``2010'' and inserting ``2011''.
Sec. 2638. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391), as amended by section 531 of Public Law 111-83
(123 Stat 2174), is amended--
(1) in subsection (a), by striking ``Until September
30, 2010'' and inserting ``Until September 30, 2011,'';
and
(2) in subsection (d)(1), by striking ``September 30,
2010,'' and inserting ``September 30, 2011,''.
CHAPTER 7--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
Sec. 2701. Notwithstanding section 1101, the level for each
of the following accounts shall be as follows: ``Bureau of Land
Management, Management of Lands and Resources'', $971,306,000;
``National Park Service, National Recreation and
Preservation'', $62,586,000; ``Minerals Management Service, Oil
Spill Research'', $11,768,000; ``Indian Health Service, Indian
Health Facilities'', $443,320,000; ``Smithsonian Institution,
Legacy Fund'', $0; ``Dwight D. Eisenhower Memorial Commission,
Salaries and Expenses'', $0; and ``Dwight D. Eisenhower
Memorial Commission, Capital Construction'', $0.
Sec. 2702. Notwithstanding any other provision of this Act,
the funding level for ``National Park Service, Park Partnership
Project Grants'' shall be $0 and the matter pertaining to such
account in division A of Public Law 111-88 shall not apply to
funds appropriated by this Act.
Sec. 2703. Notwithstanding section 1101, the last proviso
under the heading ``National Park Service, Construction'' in
division A of Public Law 111-88 shall not apply to funds
appropriated by this Act.
Sec. 2704. Notwithstanding section 1101, the level for
``United States Geological Survey, Surveys, Investigations, and
Research'' shall be $1,125,090,000, of which $53,500,000 shall
be for satellite operations, and of which $4,807,000 shall be
for deferred maintenance and capital improvement projects that
exceed $100,000 in cost.
Sec. 2705. Notwithstanding section 1101, the provisions
under the heading ``Minerals Management Service, Royalty and
Offshore Minerals Management'' in division A of Public Law 111-
88 shall be applied to funds appropriated by this Act as
follows: by substituting ``$271,113,000'' for ``$175,217,000'';
by substituting ``$113,174,000'' for ``$89,374,000''; by
substituting ``$154,890,000'' for ``$156,730,000'' each place
it appears; and by substituting ``fiscal year 2011'' for
``fiscal year 2010'' each place it appears.
Sec. 2706. Notwithstanding section 1101, the provisions
under the heading ``Bureau of Indian Affairs, Operation of
Indian Programs'' in division A of Public Law 111-88 shall be
applied to funds appropriated by this Act as follows: by
substituting ``$2,355,965,000'' for ``$2,335,965,000''; by
substituting ``$200,000,000'' for ``$166,000,000'' in the
matter pertaining to contract support costs; by substituting
``$85,000,000'' for ``$74,915,000'' in the matter pertaining to
welfare assistance payments; by substituting ``$597,449,000''
for ``$568,702,000'' in the matter pertaining to school
operations costs of Bureau-funded schools and other education
programs; and by substituting ``$53,899,000'' for
``$43,373,000'' in the matter pertaining to administrative cost
grants for school operations.
Sec. 2707. The matter pertaining to Public Law 109-379
(regarding the Isleta Pueblo settlement) under the heading
``Bureau of Indian Affairs, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians'' in division
A of Public Law 111-88 shall not apply to funds appropriated by
this Act.
Sec. 2708. Notwithstanding section 1101, the level for
``Environmental Protection Agency, Environmental Programs and
Management'' shall be $2,840,779,000, of which $455,441,000
shall be for the Geographic Programs specified in the
explanatory statement accompanying Public Law 111-88, except
that the funding level for the Great Lakes Restoration
Initiative shall be $322,000,000.
Sec. 2709. Notwithstanding section 1101, the level for
``Environmental Protection Agency, State and Tribal Assistance
Grants'' shall be $4,813,446,000, of which $0 shall be for
special project grants.
Sec. 2710. Notwithstanding section 1101, the amounts
included under the heading ``Administrative Provisions,
Environmental Protection Agency'' in division A of Public Law
111-88 shall be applied to funds appropriated by this Act by
substituting ``$322,000,000'' for ``$475,000,000''.
Sec. 2711. Of the unobligated balances available for
``Environmental Protection Agency, State and Tribal Assistance
Grants'', $10,000,000 is rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by Congress
as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Sec. 2712. Notwithstanding section 1101, the level for
``Forest Service, National Forest System'' shall be
$1,581,339,000, of which $30,000,000 shall be deposited in the
Collaborative Forest Landscape Restoration Fund for ecological
restoration treatments as authorized by 16 U.S.C. 7303(f).
Sec. 2713. Notwithstanding section 1101, the level for
``Indian Health Service, Indian Health Services'' shall be
$3,797,227,000, and the provisions under such heading shall be
applied to funds appropriated by this Act by substituting
``$816,759,000'' for ``$779,347,000'' in the matter pertaining
to contract medical care; by substituting ``$404,332,000'' for
``$398,490,000'' in the matter pertaining to contract support
costs; and in section 409 of division A of Public Law 111-88 by
substituting ``111-8, and 111-88'' for ``and 111-8'' and by
substituting ``2010'' for ``2009''.
Sec. 2714. The matter pertaining to methyl isocyanate in the
last proviso under the heading ``Chemical Safety and Hazard
Investigation Board, Salaries and Expenses'' in division A of
Public Law 111-88 shall not apply to funds appropriated by this
Act.
Sec. 2715. Notwithstanding section 1101, the provisions
under the heading ``National Gallery of Art, Repair,
Restoration and Renovation of Buildings'' in division A of
Public Law 111-88 shall be applied to funds appropriated by
this Act by substituting ``$42,250,000'' for ``$40,000,000'' in
the matter pertaining to repair of the National Gallery's East
Building facade.
Sec. 2716. The first proviso under the heading ``John F.
Kennedy Center for the Performing Arts, Operations and
Maintenance'' in division A of Public Law 111-88 is amended by
striking ``until expended'' and all that follows and inserting
``until September 30, 2011.''.
Sec. 2717. The contract authority provided for fiscal year
2011 for ``National Park Service, Land and Water Conservation
Fund'' by 16 U.S.C. 460l-10a is rescinded.
Sec. 2718. (a) Notwithstanding any other provision of this
Act, the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254c) (except that the 5 year term restriction in subsection
(d) shall not apply), for the long-term care and maintenance of
excess wild free-roaming horses and burros by such
organizations or entities on private land. Such cooperative
agreements and contracts may not exceed 10 years, subject to
renewal at the discretion of the Secretary.
(b) During fiscal year 2011 and subsequent fiscal years, in
carrying out work involving cooperation with any State or
political subdivision thereof, the Bureau of Land Management
may record obligations against accounts receivable from any
such entities.
Sec. 2719. During fiscal year 2011, the Secretary of the
Interior, in order to implement a reorganization of the Bureau
of Ocean Energy Management, Regulation, and Enforcement, may
establish accounts, transfer funds among and between the
offices and bureaus affected by the reorganization, and take
any other administrative actions necessary in conformance with
the Appropriations Committee reprogramming procedures described
in the joint explanatory statement of the managers accompanying
Public Law 111-88.
Sec. 2720. Notwithstanding any other provision of this Act,
during fiscal year 2011 and subsequent fiscal years, the
Secretary of Agriculture, acting through the Forest Service,
may carry out a program, to be known as the ``Legacy Road and
Trail Remediation program'', to conduct urgently needed
decommissioning of Forest Service roads, forest road and trail
repair and maintenance and associated activities, and removal
of fish passage barriers on National Forest System lands,
especially in areas where Forest Service roads may be
contributing to water quality problems in streams and water
bodies supporting threatened, endangered, or sensitive species
or community water sources.
Sec. 2721. Notwithstanding section 1101, section 423 of
Public Law 111-88 (123 Stat. 2961), concerning the distribution
of geothermal energy receipts, shall have no force or effect
and the provisions of section 3003(a) of Public Law 111-212
(124 Stat. 2338) shall apply for fiscal year 2011.
Sec. 2722. The authority provided by section 337 of the
Department of the Interior and Related Agencies Appropriations
Act, 2005 (Public Law 108-447; 118 Stat. 3102), as amended,
shall remain in effect until the date specified in section 1106
of this Act.
Sec. 2723. Section 433 of division A of Public Law 111-88
(regarding Forest Service cabin user fees) is amended by
striking ``2010'' and ``2009'' and inserting ``2011'' and
``2010'', respectively.
Sec. 2724. Section 11(c)(1) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1340(c)(1)) is amended by striking
``within thirty days'' and inserting ``within ninety days''.
Sec. 2725. Notwithstanding section 1101, the level for
section 415 of division A of Public Law 111-88 shall be $0.
Sec. 2726. Within 30 days after the date of the enactment of
this Act, each of the following departments and agencies shall
submit to the House and Senate Committees on Appropriations a
spending, expenditure, or operating plan for fiscal year 2011
at a level of detail below the account level:
(1) Department of Agriculture, Forest Service.
(2) Department of the Interior.
(3) Environmental Protection Agency.
(4) Indian Health Service.
(5) Smithsonian Institution.
(6) National Gallery of Art.
(7) National Endowment for the Arts.
(8) National Endowment for the Humanities.
Sec. 2727. (a) Modification.--
(1) In General.--The first sentence of section 19 of
the Act of June 18, 1934 (commonly known as the
``Indian Reorganization Act'') (25 U.S.C. 479), is
amended--
(A) by striking ``The term'' and inserting
``Effective beginning on June 18, 1934, the
term''; and
(B) by striking ``any recognized Indian tribe
now under Federal jurisdiction'' and inserting
``any federally recognized Indian tribe''.
(2) Effective Date.--The amendments made by paragraph
(1) shall take effect as if included in the Act of June
18, 1934 (commonly known as the ``Indian Reorganization
Act'') (25 U.S.C. 479), on the date of enactment of
that Act.
(b) Ratification and Confirmation of Actions.--Any action
taken by the Secretary of the Interior pursuant to the Act of
June 18, 1934 (commonly known as the ``Indian Reorganization
Act'') (25 U.S.C. 461 et seq.) for any Indian tribe that was
federally recognized on the date of the action is ratified and
confirmed, to the extent such action is subjected to challenge
based on whether the Indian tribe was federally recognized or
under Federal jurisdiction on June 18, 1934, ratified and
confirmed as fully to all intents and purposes as if the action
had, by prior act of Congress, been specifically authorized and
directed.
(c) Effect on Other Laws.--
(1) In general.--Nothing in this section or the
amendments made by this section affects--
(A) the application or effect of any Federal
law other than the Act of June 18, 1934 (25
U.S.C. 461 et seq.) (as amended by subsection
(a)); or
(B) any limitation on the authority of the
Secretary of the Interior under any Federal law
or regulation other than the Act of June 18,
1934 (25 U.S.C. 461 et seq.) (as so amended).
(2) References in other laws.--An express reference
to the Act of June 18, 1934 (25 U.S.C. 461 et seq.)
contained in any other Federal law shall be considered
to be a reference to that Act as amended by subsection
(a).
CHAPTER 8--LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED
AGENCIES
Sec. 2801. (a) Notwithstanding section 1101, the level for
``Department of Labor, Employment and Training Administration,
Training and Employment Services'' shall be $1,906,530,000 plus
reimbursements, of which (1) $879,961,000 shall be available
for obligation for the period July 1, 2011, through June 30,
2012, of which $68,450,000 shall be available for pilots,
demonstrations, and research activities; (2) $1,026,569,000
shall be available for obligation for the period April 1, 2011,
through June 30, 2012, for youth programs (including
YouthBuild); and (3) no funds shall be available for the Career
Pathways Innovation Fund.
(b) Notwithstanding section 1101, the level for ``Department
of Labor, Employment and Training Administration, Community
Service Employment for Older Americans'' shall be $620,425,000,
to remain available through June 30, 2012, and the first and
second provisos under such heading in division D of Public Law
111-117 shall not apply to funds appropriated by this Act.
(c) Notwithstanding section 1101, the level which may be
expended from the Employment Security Administration Account in
the Unemployment Trust Fund for administrative expenses of
``Department of Labor, Employment and Training Administration,
State Unemployment Insurance and Employment Service
Operations'' shall be $4,154,490,000 (which includes all
amounts available to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews), of which $3,375,645,000 shall be available
for unemployment compensation State operations, $50,519,000
shall be available for Federal administration of foreign labor
certifications, and $15,129,000 shall be available for grants
to States for the administration of such activities. For
purposes of this section, the first proviso under such heading
in division D of Public Law 111-117 shall be applied by
substituting ``2011'' and ``6,051,000'' for ``2010'' and
``5,059,000'', respectively.
Sec. 2802. Funds appropriated by section 1101 of this Act to
the Department of Labor's Employment and Training
Administration for technical assistance services to grantees
may be transferred to ``Department of Labor, Employment and
Training Administration, Program Administration'' if it is
determined that those services will be more efficiently
performed by Federal staff.
Sec. 2803. Notwithstanding section 1101, the level for
``Department of Labor, Employee Benefits Security
Administration, Salaries and Expenses'' shall be $164,861,000.
Sec. 2804. Notwithstanding section 1101, the level for
``Department of Labor, Mine Safety and Health Administration,
Salaries and Expenses'' shall be $381,493,000, of which up to
$15,000,000 shall be available to the Secretary of Labor to be
transferred to ``Departmental Management, Salaries and
Expenses'' for activities related to the Department of Labor's
caseload before the Federal Mine Safety and Health Review
Commission and the amounts included under the heading
``Department of Labor, Mine Safety and Health Administration,
Salaries and Expenses'' in division D of Public Law 111-117
shall be applied to funds appropriated in this Act during
fiscal year 2011 by substituting ``$1,350,000'' for
``$1,000,000''.
Sec. 2805. Funds appropriated by section 1101 of this Act
for ``Department of Labor, Bureau of Labor Statistics, Salaries
and Expenses'' may be obligated and expended to implement an
alternative approach to the Locality Pay Survey component of
the National Compensation Survey.
Sec. 2806. Notwithstanding section 1101, the level for
``Department of Labor, Departmental Management, Office of Job
Corps'' shall be $1,027,205,000 (which may be administered
within the Employment and Training Administration pursuant to
section 108 of division D of Public Law 111-117), of which
$993,015,000 shall be available to meet the operational needs
of Job Corps centers. Of appropriations made available in this
Act for construction, rehabilitation, and acquisition of Job
Corps centers, the Secretary of Labor may transfer up to 25
percent to meet the operational needs of Job Corps centers.
Sec. 2807. (a) Of the unobligated balances available in
``Department of Labor, Working Capital Fund'', $3,900,000 is
permanently rescinded, to be derived solely from amounts
available in the Investment in Reinvention Fund (other than
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985).
(b) Public Law 85-67 is amended by striking the third proviso
under the heading ``Working Capital Fund'' (as added by Public
Law 104-134) and relating to establishment of an Investment in
Reinvention Fund.
Sec. 2808. Notwithstanding section 102 of division D of
Public Law 111-117, not to exceed 1 percent of any
discretionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985) that are appropriated
for the current fiscal year for the Department of Labor in this
Act may be transferred among appropriations, but no such
appropriation to which such funds are transferred may be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall be available only to meet unanticipated needs and shall
not be used to create any new program or to fund any project or
activity for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations are notified at
least 15 days in advance of any transfer.
Sec. 2809. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Health Resources and
Services Administration, Health Resources and Services'' shall
be $7,270,520,000, of which (1) not more than $100,000,000
shall be available until expended for carrying out the
provisions of Public Law 104-73 and for expenses incurred by
the Department of Health and Human Services pertaining to
administrative claims made under such law; (2) not less than
$1,932,865,000 shall remain available through September 30,
2013 for parts A and B of title XXVI of the Public Health
Service Act (hereafter in this chapter,``PHS Act''), of which
not less than $835,000,000 shall be for State AIDS Drug
Assistance Programs under section 2616 of such Act; (3) in
addition to amounts designated above to carry out parts A and B
of title XXVI of the PHS Act, $60,000,000 shall be available
through September 30, 2013, for allocation to State AIDS Drug
Assistance Programs under section 2616 or section 311(c) of the
PHS Act; and (4) not less than $612,954,000 shall be available
for health professions programs under titles VII and VIII and
section 340G of the PHS Act.
(b) The eighteenth and nineteenth provisos under the heading
``Department of Health and Human Services, Health Resources and
Services Administration, Health Resources and Services'' in
division D of Public Law 111-117 shall not apply to funds
appropriated by this Act.
(c) Sections 340G-1(d)(1) and (d)(2), 747(c)(2), and
751(j)(2) of the PHS Act, and the proportional funding amounts
in paragraphs (1) through (4) of section 756(e) of such Act
shall not apply to funds made available in this Act for
``Department of Health and Human Services, Health Resources and
Services Administration, Health Resources and Services''.
(d) For any program operating under section 751 of the PHS
Act on or before January 1, 2009, the Secretary of Health and
Human Services may waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act.
Sec. 2810. (a) Notwithstanding section 1101, the level for
the first paragraph under the heading ``Department of Health
and Human Services; Centers for Disease Control and Prevention;
Disease Control, Research, and Training'' shall be
$6,251,352,000, of which (1) $150,137,000 shall be available
until expended to provide screening and treatment for first
response emergency services personnel, residents, students, and
others related to the September 11, 2001 terrorist attacks on
the World Trade Center; (2) $12,000,000 shall remain available
until expended for acquisition of real property, equipment,
construction, and renovation of facilities, including necessary
repairs and improvements to laboratories leased or operated by
the Centers for Disease Control and Prevention; and (3)
$527,234,000 shall remain available until expended for the
Strategic National Stockpile under section 319F-2 of the PHS
Act.
(b) Paragraphs (1) through (3) of section 2821(b) of the PHS
Act shall not apply to funds made available in this Act.
(c) Notwithstanding section 1101, funds appropriated for
``Department of Health and Human Services; Centers for Disease
Control and Prevention; Disease Control, Research, and
Training'' shall also be available to carry out title II of the
Immigration and Nationality Act and sections 4001, 4004, 4201,
and 4301 of the Patient Protection and Affordable Care Act
(Public Law 111-148).
Sec. 2811. Notwithstanding section 1101, the level for
``Department of Health and Human Services, National Institutes
of Health, National Institute of Allergy and Infectious
Diseases'' shall be $4,818,275,000, and the requirement under
such heading in division D of Public Law 111-117 for a transfer
from Biodefense Countermeasures funds shall not apply.
Sec. 2812. Of the amount provided by section 1101 for
``Department of Health and Human Services, National Institutes
of Health, Office of the Director'' (including amounts
available for the Common Fund and the Director's Discretionary
Fund), up to $25,000,000 shall be available to implement the
Cures Acceleration Network authorized by section 402C of the
PHS Act.
Sec. 2813. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Substance Abuse and
Mental Health Services Administration, Substance Abuse and
Mental Health Services'' shall be $3,417,106,000.
(b) The second proviso under the heading ``Department of
Health and Human Services, Substance Abuse and Mental Health
Services Administration, Substance Abuse and Mental Health
Services'' in division D of Public Law 111-117 shall not apply
to funds appropriated by this Act.
Sec. 2814. Notwithstanding section 1101, the level for
amounts transferred from the Federal Hospital Insurance and
Supplementary Medical Insurance Trust Funds for ``Department of
Health and Human Services, Centers for Medicare and Medicaid
Services, Program Management'' shall not exceed $3,623,113,000,
of which $9,120,000 shall remain available through September
30, 2012, for Medicare contracting reform activities.
Sec. 2815. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Centers for Medicare
and Medicaid Services, Health Care Fraud and Abuse Control''
shall be $461,000,000 which shall remain available through
September 30, 2012, of which (1) $274,640,000 shall be for the
Medicare Integrity Program at the Centers for Medicare &
Medicaid Services, including administrative costs, to conduct
oversight activities for Medicare Advantage and the Medicare
Prescription Drug Program authorized in title XVIII of the
Social Security Act and for activities listed in section 1893
of such Act; (2) $78,057,000 shall be for the Department of
Health and Human Services Office of Inspector General to carry
out fraud and abuse activities authorized by section 1817(k)(3)
of such Act; (3) $34,400,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program
integrity activities; and (4) $73,903,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act.
Sec. 2816. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for
Children and Families, Payments to States for the Child Care
and Development Block Grant'' shall be $2,501,081,000.
Sec. 2817. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for
Children and Families, Children and Families Services
Programs'' shall be $9,643,532,000, of which--
(1) $44,500,000 shall be for grants to States for
adoption incentive payments as authorized by section
473A of the Social Security Act;
(2) $7,548,783,000 shall be for making payments under
the Head Start Act; and, for purposes of allocating
such funds under the Head Start Act, the term ``base
grant'' as used in subsection (a)(7)(A) of section 640
of such Act with respect to funding provided to a Head
Start agency (including each Early Head Start agency)
for fiscal year 2010 shall be deemed to include an
amount obtained by multiplying 50 percent of the funds
appropriated under ``Department of Health and Human
Services, Administration for Children and Families,
Children and Family Services Programs'' in Public Law
111-5 and provided to such agency for carrying out
expansion of Head Start programs, as that phrase is
used in subsection (a)(4)(D) of such section 640, and
provided to such agency as the ongoing funding level
for operations in the 12 month budget period beginning
in fiscal year 2010 (``expansion grants''), by a
fraction whose numerator is the number of children
actually enrolled in that agency's Head Start program
in slots funded by such expansion grants as of October
30, 2010, and whose denominator is the client
population number included in the obligating documents
for such expansion grants for that agency's Head Start
program for such budget period; and
(3) $766,000,000 shall be for making payments under
the Community Service Block Grant (``CSBG'') Act and of
which $56,000,000 shall be for section 680(a)(2) of the
CSBG Act.
(b) Notwithstanding section 611(d)(1) of title VI of division
G of Public Law 110-161, the National Commission on Children
and Disasters shall terminate on October 1, 2011.
Sec. 2818. (a) Notwithstanding section 1101, funds
appropriated for ``Department of Health and Human Services,
Administration on Aging, Aging Services Programs'' shall also
be available to carry out subtitle B of title XX of the Social
Security Act and for necessary administrative expenses to carry
out title XVII of the PHS Act.
(b) Amounts otherwise available in this Act to carry out
activities relating to Aging and Disability Resource Centers,
under subsections (a)(20)(B)(iii) and (b)(8) of section 202 of
the Older Americans Act of 1965, shall be reduced by any
amounts made available for fiscal year 2011 for such purposes
under section 2405 of the Patient Protection and Affordable
Care Act.
Sec. 2819. The amounts included under the heading
``Department of Health and Human Services, Office of the
Secretary, General Departmental Management'' in division D of
Public Law 111-117 shall be applied to funds appropriated by
this Act by substituting ``$538,318,000'' for ``$493,377,000''
and such amounts shall also be available to carry out title
XXVII of the PHS Act, the second proviso under such heading
shall not apply, and none of the funds made available in this
Act shall be for carrying out activities specified under
section 2003(b)(2) or (3) of the PHS Act.
Sec. 2820. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the
Secretary, Office of Medicare Hearings and Appeals'' shall be
$77,798,000.
Sec. 2821. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the
Secretary, Office of Inspector General'' shall be $60,754,000.
Sec. 2822. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the
Secretary, Office for Civil Rights'' (excluding amounts
transferred from trust funds) shall be $41,068,000.
Sec. 2823. (a) Notwithstanding section 1101, the level for
``Department of Health and Human Services, Office of the
Secretary, Public Health and Social Services and Emergency
Fund'' shall be $1,134,303,000, of which (1) $403,194,000 shall
remain available through September 30, 2012, to support
advanced research and development pursuant to section 319L of
the PHS Act and which shall be derived by transfer from funds
transferred to ``Department of Health and Human Services,
Office of the Secretary, Public Health and Social Services
Emergency Fund'' by Public Law 111-117 in the fourth paragraph
under such heading; (2) $78,167,000 shall be for expenses
necessary to prepare for and respond to an influenza pandemic,
none of which shall be available past September 30, 2011; and
(3) $35,000,000 shall be for expenses necessary for fit-out and
other costs related to a competitive lease procurement to
renovate or replace the existing headquarters building for
Public Health Service agencies and other components of the
Department of Health and Human Services.
(b) Of the amounts provided under the heading ``Department of
Health and Human Services, Office of the Secretary, Public
Health and Social Services Emergency Fund'' in Public Laws 111-
8 and 111-117 and available for expenses necessary to prepare
for and respond to an influenza pandemic, $170,000,000 may also
be used (1) to plan, conduct, and support research to advance
regulatory science to improve the ability to determine safety,
effectiveness, quality, and performance of medical
countermeasure products against chemical, biological,
radiological, and nuclear agents including influenza virus; and
(2) to analyze, conduct, and improve regulatory review and
compliance processes for such products.
Sec. 2824. (a) Not later than 45 days after enactment of this
Act, the Secretary of Health and Human Services shall transfer
from ``Prevention and Public Health Fund''--
(1) $20,000,000 to ``Health Resources and Services''
for an additional amount to carry out sections 766,
767, 768, and 776 of the PHS Act;
(2) $630,000,000 to ``Disease Control, Research, and
Training'' for an additional amount to carry out
sections 306, 317(k)(2)(A), 317G, 399U, 1706, and 2821
of the PHS Act; sections 4001, 4004, 4201, and 4301 of
the Patient Protection and Affordable Care Act; Public
Law 99-252; Public Law 98-474; the immunization program
under authority of section 317(a), (j), (k)(1), (l),
and (m) of the PHS Act; the Environmental Public Health
Tracking Program under authority of section 301 of the
PHS Act; the Racial and Ethnic Approaches to Community
Health program under authority of section 1703 of the
PHS Act; the activities of the Office of Smoking and
Health under authority of sections 317 and 1701 of the
PHS Act; and State grants for chronic disease
activities under section 317(k)(2)(B) of the PHS Act;
(3) $88,000,000 to ``Substance Abuse and Mental
Health Services'' for an additional amount for suicide
prevention activities and to carry out sections 505,
509, and 520(k) of the PHS Act; and
(4) $12,000,000 to ``Healthcare Research and
Quality'' for an additional amount to carry out
sections 902(a)(7) and 915(a) of the PHS Act.
(b) Not later than 60 days after enactment of this Act, the
Secretary of Health and Human Services shall submit an
operating plan to the Committees on Appropriations detailing
the amounts allocated to the programs identified in subsection
(a).
Sec. 2825. Notwithstanding section 206 of division D of
Public Law 111-117, not to exceed 1 percent of any
discretionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985) that are appropriated by
this Act for the current fiscal year for agencies of the
Department of Health and Human Services for which funds were
provided in such division may be transferred among
appropriations, but no such appropriation to which such funds
are transferred may be increased by more than 3 percent by any
such transfer: Provided, That the transfer authority granted by
this section shall be available only to meet unanticipated
needs and shall not be used to create any new program or to
fund any project or activity for which no funds are provided in
this Act: Provided further, That the Committees on
Appropriations are notified at least 15 days in advance of any
transfer.
Sec. 2826. Hereafter, no funds appropriated in this or any
previous or subsequent Act shall be subject to the allocation
requirements of section 1707A(e) of the PHS Act.
Sec. 2827. Hereafter, no funds appropriated in this or any
previous or subsequent Act shall be available for transfer
under section 274 of the PHS Act.
Sec. 2828. Federal administrative costs for activities
authorized subsequent to enactment of division D of Public Law
111-117 may be funded from the relevant appropriations provided
in this Act for administrative costs.
Sec. 2829. Notwithstanding section 1101, the level for
``Department of Education, School Improvement Programs'' shall
be $3,540,003,000, of which $3,358,993,000 shall become
available on July 1, 2011, and remain available through
September 30, 2012, and for purposes of this section, up to
$11,500,000 of the funds available for the Foreign Language
Assistance Program shall be available for activities described
in the twelfth proviso under such heading in division D of
Public Law 111-117.
Sec. 2830. (a) Notwithstanding section 1101, the level for
``Department of Education, Innovation and Improvement'' shall
be $1,870,123,000, of which $602,628,000 shall be available to
carry out part D of title V of the Elementary and Secondary
Education Act of 1965, including up to $25,000,000 of such
funds to remain available through September 30, 2012, and of
which not more than $550,000,000 may be used to make awards to
States under section 14006 of division A of Public Law 111-5 in
accordance with the applicable requirements of that section.
(b) The seventeenth and eighteenth provisos under the heading
``Department of Education, Innovation and Improvement'' in
division D of Public Law 111-117 shall not apply to funds
appropriated by this Act.
Sec. 2831. Notwithstanding section 1101, the level for
``Department of Education, Safe Schools and Citizenship
Education'' shall be $384,841,000, of which (1) funds provided
to carry out subpart 3 of part C of title II of the Elementary
and Secondary Education Act of 1965 (``ESEA'') shall be
available to the Secretary of Education for competitive grants
to nonprofit organizations that have demonstrated effectiveness
in the development and implementation of civic learning
programs, with priority for those programs that demonstrate
innovation, scalability, accountability, and a focus on
underserved populations; and (2) no funds shall be available
for activities authorized under subpart 3 of part D of title V
of the ESEA.
Sec. 2832. Notwithstanding section 1101, the level for
``Department of Education, Rehabilitation Services and
Disability Research'' shall be $3,501,766,000.
Sec. 2833. Within the funds provided by section 1101 for
``Department of Education, Special Institutions for Persons
with Disabilities, National Technical Institute for the Deaf'',
amounts designated for construction shall also be available for
any other authorized purpose under such heading.
Sec. 2834. Notwithstanding section 1101, the level for
``Department of Education; Career, Technical, and Adult
Education'' shall be $1,200,447,000, of which $1,196,047,000
shall become available on July 1, 2011, and shall remain
available through September 30, 2012.
Sec. 2835. (a) Notwithstanding section 1101, the level for
``Department of Education, Student Financial Assistance'' shall
be $24,963,809,000.
(b) The maximum Pell Grant for which a student shall be
eligible during award year 2011-2012 shall be $4,860.
(c) Of the funds made available under section 401A(e)(1)(E)
of the Higher Education Act of 1965, $597,000,000 is rescinded.
Sec. 2836. Notwithstanding sections 1101 and 1103, the level
for ``Department of Education, Student Aid Administration''
shall be $994,000,000, which shall remain available through
September 30, 2012.
Sec. 2837. Notwithstanding section 1101, the level for
``Department of Education, Higher Education'' shall be
$2,177,915,000.
Sec. 2838. Of the amount provided by section 1101 for
``Department of Education, Institute of Education Sciences''
and notwithstanding subsections (d) and (e) of section 174 the
Education Sciences Reform Act of 2002, $69,650,000 may be used
to continue the contracts for the Regional Educational
Laboratories for one additional year.
Sec. 2839. Notwithstanding section 1101, the level for
``Department of Education, Departmental Management, Program
Administration'' shall be $465,000,000, of which up to
$17,000,000 shall remain available until expended for
relocation of, and renovation of buildings occupied by,
Department staff.
Sec. 2840. Notwithstanding section 1101, the level for
``Corporation for National and Community Service, National
Service Trust'' shall be $217,000,000.
Sec. 2841. Notwithstanding section 1101, the level for
``Corporation for Public Broadcasting'' for fiscal year 2011
shall be $36,000,000 and shall not be available for fiscal
stabilization grants and the public radio interconnection
system.
Sec. 2842. Notwithstanding section 1101, the level for
``Federal Mine Safety and Health Review Commission, Salaries
and Expenses'' shall be $15,706,000.
Sec. 2843. Notwithstanding section 1101, the level for
``Institute of Museum and Library Services, Office of Museum
and Library Services: Grants and Administration'' shall be
$265,869,000.
Sec. 2844. Notwithstanding section 1101, the level for
``Medicare Payment Advisory Commission, Salaries and Expenses''
shall be $12,850,000.
Sec. 2845. Notwithstanding section 1101, the level for
``Railroad Retirement Board, Dual Benefits Payments Account''
shall be $57,000,000.
Sec. 2846. (a) Notwithstanding section 1101, the level for
``Social Security Administration, Payments to Social Security
Trust Funds'' shall be $21,404,000, and in addition may be used
to carry out section 217(g) of the Social Security Act.
(b) Notwithstanding section 1101, the level for the first
paragraph under the heading ``Social Security Administration,
Limitation on Administrative Expenses'' shall be
$11,240,500,000.
(c) Notwithstanding section 1101, the level for the first
paragraph under the heading ``Social Security Administration,
Supplemental Security Income Program'' shall be
$40,320,200,000, of which $3,587,200,000 shall be for
administrative expenses.
(d) Upon enactment of this Act, up to $325,000,000 of the
remaining unobligated balances of funds appropriated for
``Social Security Administration, Limitation on Administrative
Expenses'' for fiscal years 2010 and prior years (other than
funds appropriated in Public Law 111-5) shall be made part of
and merged with other funds in such account available without
fiscal year limitation for investment in information technology
and telecommunications hardware and software infrastructure,
and of such funds available without fiscal year limitation for
investment in information technology and telecommunications
hardware and software infrastructure $325,000,000 is rescinded.
Sec. 2847. Section 6402(f)(3)(C) of the Internal Revenue
Code of 1986, as amended by section 801(a)(3)(C) of the Claims
Resolution Act of 2010, is further amended by striking the word
``not''.
CHAPTER 9--LEGISLATIVE BRANCH
Sec. 2901. Notwithstanding section 1101, the level for each
of the following accounts of the Senate shall be as follows:
``Salaries, Officers and Employees'', $185,982,000; ``Salaries,
Officers and Employees, Office of the Sergeant at Arms and
Doorkeeper'', $77,000,000; ``Contingent Expenses of the Senate,
Secretary of the Senate'', $6,200,000; and ``Contingent
Expenses of the Senate, Sergeant at Arms and Doorkeeper of the
Senate'', $142,401,000.
Sec. 2902. Section 8 of the Legislative Branch
Appropriations Act, 1990 (31 U.S.C. 1535 note) is amended by
striking paragraph (3) and inserting the following: ``(3)
Agreement under paragraph (1) shall be in accordance with
regulations prescribed by the Committee on Rules and
Administration of the Senate.''.
Sec. 2903. Notwithstanding section 1101, the level for
``House of Representatives, Salaries and Expenses'' shall be
$1,371,172,000, to be allocated in accordance with an
allocation plan submitted by the Chief Administrative Officer
of the House of Representatives and approved by the Committee
on Appropriations of the House of Representatives.
Sec. 2904. Notwithstanding section 1101, the level for each
of the following accounts of the Capitol Police shall be as
follows: ``Salaries'', $279,224,000, of which $1,945,000 shall
remain available until September 30, 2014; and ``General
Expenses'', $57,985,000.
Sec. 2905. (a) Notwithstanding section 1018(d) of the
Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907(d)),
the use of any funds appropriated to the United States Capitol
Police during fiscal year 2003 for transfer relating to the
Truck Interdiction Monitoring Program to the working capital
fund established under section 328 of title 49, United States
Code, is ratified.
(b) Nothing in subsection (a) may be construed to waive
sections 1341, 1342, 1349, 1350, or 1351 of title 31, United
States Code, or subchapter II of chapter 15 of such title
(commonly known as the ``Anti-Deficiency Act'').
Sec. 2906. Notwithstanding section 1101, the level for
``Congressional Budget Office, Salaries and Expenses'' shall be
$46,905,000.
Sec. 2907. Notwithstanding section 1101, the level for each
of the following accounts of the Architect of the Capitol shall
be as follows: ``General Administration'', $109,294,000, of
which $7,499,000 shall remain available until September 30,
2015; ``Capitol Building'', $54,616,000, of which $27,226,000
shall remain available until September 30, 2015; ``Capitol
Grounds'', $9,988,000; ``Senate Office Buildings'',
$81,112,000, of which $19,474,000 shall remain available until
September 30, 2015; ``House Office Buildings'', $75,619,000, of
which $25,323,000 shall remain available until September 30,
2015; ``Capitol Power Plant'', $109,069,000, of which
$15,100,000 shall remain available until September 30, 2015;
``Library Buildings and Grounds'', $44,396,000, of which
$17,457,000 shall remain available until September 30, 2015;
``Capitol Police Buildings, Grounds and Security'',
$26,266,000, of which $6,436,000 shall remain available until
September 30, 2015; ``Botanic Garden'', $13,834,000, of which
$1,505,000 shall remain available until September 30, 2015; and
``Capitol Visitor Center'', $22,771,000. In addition,
notwithstanding section 1101, $40,000,000, to remain available
until expended, shall be available under ``Architect of the
Capitol, House Office Buildings'' for a payment to the House
Historic Buildings Revitalization Trust Fund.
Sec. 2908. (a) Notwithstanding section 1101, the level for
``Government Accountability Office, Salaries and Expenses''
shall be $558,430,000.
(b) Notwithstanding section 1101, the amount applicable under
the first proviso under the heading ``Government Accountability
Office, Salaries and Expenses'' in the Legislative Branch
Appropriations Act, 2010 (Public Law 111-68) shall be
$9,400,000, the amount applicable under the second proviso
under such heading shall be $3,100,000, and the amount
applicable under the third proviso under such heading shall be
$7,000,000.
CHAPTER 10--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES
Sec. 3001. Notwithstanding section 1101, the level for each
of the following accounts of the Department of Defense for
projects and activities included in the most recently submitted
future years defense program or that are necessary to support
overseas contingency operations shall be as follows: ``Military
Construction, Army'', $4,885,000,000; ``Military Construction,
Navy and Marine Corps'', $3,517,000,000; ``Military
Construction, Air Force'', $1,592,000,000; ``Military
Construction, Defense-Wide'', $3,095,000,000; ``Military
Construction, Army National Guard'', $874,000,000; ``Military
Construction, Air National Guard'', $177,000,000; ``Military
Construction, Army Reserve'', $318,000,000; ``Military
Construction, Navy Reserve'', $62,000,000; ``Military
Construction, Air Force Reserve'', $8,000,000; ``Family Housing
Construction, Army'', $92,000,000; ``Family Housing
Construction, Navy and Marine Corps'', $186,000,000; ``Family
Housing Construction, Air Force'', $78,000,000; and ``Family
Housing Construction, Defense-Wide'', $0. Within 45 days of the
enactment of this section, the Department of Defense shall
submit a project-level expenditure plan for fiscal year 2011
for the accounts funded in this section.
Sec. 3002. Notwithstanding section 1111, of the total amount
specified in section 3001 for ``Military Construction, Army'',
``Military Construction, Air Force'', and ``Military
Construction, Defense-Wide'', $1,257,000,000 for Overseas
Deployments and Other Activities is designated as an emergency
requirement and necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress),
the concurrent resolution on the budget for fiscal year 2010.
Sec. 3003. Notwithstanding section 1101, the level for each
of the following accounts of the Department of Defense for
projects and activities authorized by law shall be as follows:
``North Atlantic Treaty Organization Security Investment
Program'', $259,000,000; ``Homeowners Assistance Fund'',
$17,000,000; ``Chemical Demilitarization Construction, Defense-
Wide'', $125,000,000; ``Department of Defense Base Closure
Account 1990'', $360,000,000; and ``Department of Defense Base
Closure Account 2005'', $2,354,000,000.
Sec. 3004. Notwithstanding any other provision of this Act,
the following provisions included in title I of division E of
Public Law 111-117 shall not apply to funds appropriated by
this Act: the first, second, and last provisos, and the set-
aside of $350,000,000, under the heading ``Military
Construction, Army''; the first and last provisos under the
heading ``Military Construction, Navy and Marine Corps''; the
first, second, and last provisos under the heading ``Military
Construction, Air Force''; the second, third, fourth, and last
provisos under the heading ``Military Construction, Defense-
Wide''; the first, second, and last provisos, and the set-aside
of $30,000,000, under the heading ``Military Construction, Army
National Guard''; the first, second, and last provisos, and the
set-aside of $30,000,000, under the heading ``Military
Construction, Air National Guard''; the first, second, and last
provisos, and the set-aside of $30,000,000, under the heading
``Military Construction, Army Reserve''; the first, second, and
last provisos, the set-aside of $20,000,000, and the set-aside
of $35,000,000, under the heading ``Military Construction, Navy
Reserve''; the first, second, and last provisos, and the set-
aside of $55,000,000, under the heading ``Military
Construction, Air Force Reserve''; the proviso under the
heading ``Family Housing Construction, Army''; the proviso
under the heading ``Family Housing Construction, Navy and
Marine Corps''; the proviso under the heading ``Family Housing
Construction, Air Force''; the proviso under the heading
``Family Housing Construction, Defense-Wide''; and the proviso
under the heading ``Chemical Demilitarization Construction,
Defense-Wide''.
Sec. 3005. Section 129 of division E of Public Law 111-117
shall not apply in fiscal year 2011.
Sec. 3006. Notwithstanding any other provision of this Act,
the following provisions included in title IV of division E of
Public Law 111-117 shall not apply to funds appropriated by
this Act: the proviso under ``Military Construction, Army'';
and the proviso under ``Military Construction, Air Force''.
Sec. 3007. Notwithstanding any other provision of law, funds
made available to the Department of Defense by this chapter may
be obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law.
Sec. 3008. Notwithstanding any other provision of law, funds
made available to ``North Atlantic Treaty Organization Security
Investment Program'' by this chapter may be obligated and
expended for purposes of section 2806 of title 10, United
States Code, and sections 2501 and 2502 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84).
Sec. 3009. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental Administration,
General Operating Expenses'' shall be $2,546,276,000, of which
not less than $2,148,776,000 shall be for the Veterans Benefits
Administration.
Sec. 3010. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental Administration,
Information Technology Systems'' shall be $3,162,501,000.
Sec. 3011. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental Administration,
Construction, Major Projects'' shall be $1,151,036,000. Within
30 days of the enactment of this section, the Department shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan for fiscal year
2011 at a level of detail below the account level.
Sec. 3012. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental Administration,
Construction, Minor Projects'' shall be $467,700,000.
Sec. 3013. Notwithstanding section 1101, the level for
``Department of Veterans Affairs, Departmental Administration,
Grants for Construction of State Extended Care Facilities''
shall be $85,000,000.
Sec. 3014. Notwithstanding any other provision in this Act,
sections 230, 231, and 232 of division E of Public Law 111-117
shall not apply in fiscal year 2011.
Sec. 3015. Notwithstanding section 1101, the level for
``Department of Defense--Civil, Cemeterial Expenses, Army,
Salaries and Expenses'', shall be $50,340,000.
Sec. 3016. Notwithstanding section 1101, the level for
``Armed Forces Retirement Home, Trust Fund'', shall be
$71,200,000, of which $2,000,000 shall be for renovation of
physical plants.
Sec. 3017. (a) Of the funds appropriated in division E of
Public Law 111-117, the following amounts which became
available on October 1, 2010, are hereby rescinded from the
following accounts of the Department of Veterans Affairs in the
amounts specified: ``Medical services'', $1,015,000,000;
``Medical support and compliance'', $145,000,000; and ``Medical
facilities'', $145,000,000.
(b) An additional amount is appropriated to the following
accounts of the Department of Veterans Affairs in the amounts
specified, to remain available until September 30, 2012:
``Medical services'', $1,015,000,000; ``Medical support and
compliance'', $145,000,000; and ``Medical facilities'',
$145,000,000.
Sec. 3018. Amounts provided to the Department of Veterans
Affairs for ``Medical services'', ``Medical support and
compliance'', ``Medical facilities'', ``Construction, minor
projects'', and ``Information technology systems'' for fiscal
year 2011 shall be available, through the date specified by
section 1106 of this Act: (1) for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund, established by section 1704 of
Public Law 111-84, and (2) for operations of the integrated
Captain James A. Lovell Federal Health Care Center, consisting
of the North Chicago Veteran Affairs Medical Center, and Navy
Ambulatory Care Center, and supporting facilities designated as
a combined Federal medical facility as described by section 706
of Public Law 110-417.
Sec. 3019. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United
States Code, for health care provided at the Captain James A.
Lovell Federal Health Care Center shall also be available: (1)
for transfer to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of Public Law 111-84, and (2) for
operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veteran
Affairs Medical Center and Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical
facility as described by section 706 of Public Law 110-417.
CHAPTER 11--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
Sec. 3101. For purposes of this chapter, the term ``division
F of Public Law 111-117'' means the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117).
Sec. 3102. Notwithstanding section 1101, the level for each
of the following accounts shall be as follows: ``Administration
of Foreign Affairs, Diplomatic and Consular Programs'',
$8,971,529,000; ``Administration of Foreign Affairs, Civilian
Stabilization Initiative'', $35,000,000; ``International
Organizations, Contributions to International Organizations'',
$1,575,430,000; ``International Organizations, Contributions
for International Peacekeeping Activities'', $2,105,000,000;
``International Commissions, International Boundary and Water
Commission, United States and Mexico, Construction'',
$26,900,000; ``International Commissions, International
Fisheries Commissions'', $51,000,000; ``Related Agency,
Broadcasting Board of Governors, Broadcasting Capital
Improvements'', $6,875,000; ``Related Programs, United States
Institute of Peace'', $44,050,000, which shall not be used for
construction activities; ``United States Agency for
International Development, Funds Appropriated to the President,
Civilian Stabilization Initiative'', $15,000,000; ``United
States Agency for International Development, Funds Appropriated
to the President, Capital Investment Fund'', $173,000,000;
``Bilateral Economic Assistance, Funds Appropriated to the
President, International Fund for Ireland'', $15,000,000;
``Bilateral Economic Assistance, Funds Appropriated to the
President, Democracy Fund'', $115,000,000, of which $68,500,000
shall be made available for the Human Rights and Democracy Fund
of the Bureau of Democracy, Human Rights and Labor, Department
of State, and $46,500,000 shall be made available for the
Office of Democracy and Governance of the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development; ``Bilateral Economic Assistance,
Funds Appropriated to the President, Assistance for Europe,
Eurasia and Central Asia'', $709,000,000; ``Bilateral Economic
Assistance, Department of the Treasury, Debt Restructuring'',
$56,000,000; ``Multilateral Assistance, Funds Appropriated to
the President, International Development Association'',
$1,235,000,000; ``Multilateral Assistance, Funds Appropriated
to the President, Contribution to the Inter-American
Development Bank'', $21,000,000; ``Multilateral Assistance,
Funds Appropriated to the President, Contribution to the
African Development Fund'', $150,000,000; ``International
Security Assistance, Department of State, Nonproliferation,
Anti-terrorism, Demining and Related Programs'', $740,000,000;
``International Security Assistance, Department of State,
Peacekeeping Operations'', $305,000,000; ``International
Security Assistance, Funds Appropriated to the President,
International Military Education and Training'', $107,000,000;
``International Security Assistance, Funds Appropriated to the
President, Pakistan Counterinsurgency Capability Fund'',
$700,000,000, which shall remain available until September 30,
2012, and shall be available to the Secretary of State under
the terms and conditions provided for this Fund in Public Law
111-32 and Public Law 111-212; and ``International Security
Assistance, Funds Appropriated to the President, Foreign
Military Financing Program'', $5,440,000,000, of which not less
than $3,000,000,000 shall be available for grants only for
Israel and $1,300,000,000 shall be available for grants only
for Egypt and $300,000,000 shall be available for assistance
for Jordan: Provided, That the dollar amount in the fourth
proviso under the heading ``International Security Assistance,
Funds Appropriated to the President, Foreign Military Financing
Program'' in division F of Public Law 111-117 shall be deemed
to be $789,000,000 for the purpose of applying funds
appropriated under such heading by this Act.
Sec. 3103. Notwithstanding section 1101, the dollar amount
in the seventh proviso under the heading ``Bilateral Economic
Assistance, Funds Appropriated to the President, Economic
Support Fund'' in division F of Public Law 111-117 shall be
deemed to be $200,000,000 for the purpose of applying funds
appropriated under such heading by this Act: Provided, That the
ninth through the fourteenth provisos under the heading
``Bilateral Economic Assistance, Funds Appropriated to the
President, Economic Support Fund'' in division F of Public Law
111-117 shall not apply to assistance for Afghanistan under
this Act: Provided further, That the dollar amount in section
7042(f)(1) in division F of Public Law 111-117 shall be deemed
to be $550,400,000.
Sec. 3104. Notwithstanding section 1101, the level for each
of the following accounts shall be $0: ``Administration of
Foreign Affairs, Buying Power Maintenance Account'' and
``Multilateral Assistance, Funds Appropriated to the President,
Contribution to the Asian Development Fund''.
Sec. 3105. (a) In addition to amounts otherwise made
available in this Act, $12,000,000 is appropriated for
``Bilateral Economic Assistance, Funds Appropriated to the
President, Economic Support Fund'' for activities specified in
section 7071(j) of division F of Public Law 111-117.
(b) For purposes of the amount made available by this Act for
``Export-Import Bank of the United States, Administrative
Expenses'', project specific transaction costs, including
direct and indirect costs incurred in claims settlements, and
other costs for systems infrastructure directly supporting
transactions, shall not be considered administrative expenses.
(c) Of the unobligated balances available from funds
appropriated under the heading ``Export and Investment
Assistance, Export-Import Bank of the United States, Subsidy
Appropriation'' in the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009 (division H,
Public Law 111-8) and under such heading in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, $160,000,000 is rescinded.
Sec. 3106. (a) Notwithstanding any other provision of this
Act, the dollar amounts under paragraphs (1) through (4) under
the heading ``Administration of Foreign Affairs, Diplomatic and
Consular Programs'' in division F of Public Law 111-117 shall
not apply to funds appropriated by this Act: Provided, That the
dollar amounts to be derived from fees collected under
paragraph (5)(A) under such heading shall be ``$1,702,904'' and
``$505,000'', respectively.
(b) Notwithstanding any other provision of this Act, the
following provisions in division F of Public Law 111-117 shall
not apply to funds appropriated by this Act:
(1) Section 7034(l).
(2) Section 7042(a), (b)(1), (c), and (d)(1).
(3) In section 7045:
(A) The first sentence of subsection (c).
(B) The first sentence of subsection (e)(1).
(C) The first sentence of subsection (f).
(D) Subsection (h).
(4) Section 7070(b).
(5) The third proviso under the heading
``Administration of Foreign Affairs, Civilian
Stabilization Initiative''.
(6) The fourth proviso under the heading ``Bilateral
Economic Assistance, Funds Appropriated to the
President, Assistance for Europe, Eurasia and Central
Asia''.
Sec. 3107. (a) Section 1115(d) of Public Law 111-32 is
amended by striking ``October 1, 2010'' and inserting ``October
1, 2011''.
(b) Section 824(g)(2)(A) of the Foreign Service Act of 1980
(22 U.S.C. 4064(g)(2)(A)) is amended by striking ``October 1,
2010'' and inserting ``October 1, 2011''.
(c) Section 61(a)(2) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2733(a)(2)) is amended by
striking ``October 1, 2010'' and inserting ``October 1, 2011''.
(d) Section 625(j)(1)(B) of the Foreign Assistance Act of
1961 (22 U.S.C. 2385(j)(1)(B)) is amended by striking ``October
1, 2010'' and inserting ``October 1, 2011''.
(e) Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) is amended by striking ``September 30, 2010''
and inserting ``September 30, 2011''.
(f) The authority provided by section 1334 of the Foreign
Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553)
shall remain in effect until September 30, 2011.
(g) Section 404(b)(2)(B)(vi) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e
note) is amended by striking ``calendar year 2010,'' and
inserting ``calendar years 2010 and 2011,''.
(h) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and
2010'' and inserting ``2010, and 2011''; and
(B) in subsection (e), by striking ``2010''
each place it appears and inserting ``2011'';
and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2010'' and inserting
``2011''.
Sec. 3108. (a) The second proviso under the heading
``International Security Assistance, Department of State,
Peacekeeping Operations'' in division F of Public Law 111-117
shall be applied by substituting the following: ``Provided
further, That up to $55,918,000 may be used to pay assessed
expenses of international peacekeeping activities in Somalia,
except that up to an additional $35,000,000 may be made
available for such purpose subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations:''.
(b) Section 7034 of division F of Public Law 111-117 shall be
applied to funds appropriated by this Act by--
(1) substituting $75,000,000 for the dollar amount in
subsection (j); and
(2) substituting $20,000,000 for the dollar amount in
subsection (m)(5).
(c) Section 7043 of division F of Public Law 111-117 shall be
applied to funds appropriated by this Act by substituting the
following for subsection (b):
``(b) Limitation.--None of the funds appropriated or
otherwise made available in title VI of this Act under the
heading `Export-Import Bank of the United States' may be used
by the Export-Import Bank of the United States to provide any
new financing (including loans, guarantees, other credits,
insurance, and reinsurance) to any person that is subject to
sanctions under paragraph (2) or (3) of section 5(a) of the
Iran Sanctions Act of 1996 (Public Law 104-172).''.
(d) Section 7045(b) of division F of Public Law 111-117 shall
be applied to funds appropriated by this Act by substituting
the following for paragraph (2):
``(2) Of the funds appropriated under the heading
`Debt Restructuring' in this Act, up to $36,000,000 may
be made available for the United States share of an
increase in the resources of the Fund for Special
Operations of the Inter-American Development Bank in
furtherance of providing debt relief to Haiti in view
of the Cancun Declaration of March 21, 2010.''.
(e)(1) Section 7046(a) of division F of Public Law 111-117
shall be applied to funds appropriated by this Act by
substituting ``$453,995,000'' for the dollar amount.
(2) The dollar amount in the sixteenth proviso under the
heading ``Bilateral Economic Assistance, Funds Appropriated to
the President, Economic Support Fund'' in division F of Public
Law 111-117 shall be deemed to be ``$195,000,000''.
(3) The dollar amount in the seventh proviso of the first
paragraph under the heading ``International Security
Assistance, Funds Appropriated to the President, Foreign
Military Financing Program'' in division F of Public Law 111-
117 shall be deemed to be ``$44,500,000'' for the purpose of
applying funds appropriated under such headings by this Act.
(f) The second proviso of section 7081(d) of division F of
Public Law 111-117 is amended to read as follows: ``: Provided
further, That funds appropriated under title III of this Act
for tropical forest programs shall be used for purposes
including to implement and enforce section 8204 of Public Law
110-246, shall not be used to support or promote the expansion
of industrial scale logging into primary tropical forests, and
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations''.
Sec. 3109. (a) Subsections (b) through (e) of this section
shall apply to funds appropriated by this Act in lieu of
section 7076 of division F of Public Law 111-117.
(b) Limitation.--None of the funds appropriated or otherwise
made available by this Act under the headings ``Economic
Support Fund'' and ``International Narcotics Control and Law
Enforcement'' may be obligated for assistance for Afghanistan
until the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development (USAID), certifies and reports to the Committees on
Appropriations that--
(1) The Government of Afghanistan is--
(A) demonstrating a commitment to reduce
corruption and improve governance, including by
investigating, prosecuting, sanctioning and/or
removing corrupt officials from office and to
implement financial transparency and
accountability measures for government
institutions and officials (including the
Central Bank) as well as to conduct oversight
of public resources;
(B) taking significant steps to facilitate
active public participation in governance and
oversight; and
(C) taking credible steps to protect the
internationally recognized human rights of
Afghan women.
(2) There is a unified United States Government anti-
corruption strategy for Afghanistan that is adequately
funded, and is being implemented in conjunction with
relevant Afghan authorities.
(3) Funds will be programmed to support and
strengthen the capacity of Afghan public and private
institutions and entities to reduce corruption and to
improve transparency and accountability of national,
provincial and local governments, such as--
(A) the High Office of Oversight;
(B) the Control and Audit Office;
(C) the Afghan Criminal Justice Task Force;
(D) the Afghan Judicial Security Unit;
(E) the Anti-Corruption Tribunal, and the
Attorney General's Anti-Corruption Unit;
(F) the training and mentoring of judicial
personnel;
(G) the training and mentoring of Afghan
Government personnel in financial management,
budgeting, and independent oversight of public
funds; and
(H) Afghan civil society organizations and
media institutions that play an important role
in government oversight.
(4) Representatives of Afghan national, provincial or
local governments, local communities and civil society
organizations, as appropriate, will be consulted and
participate in the design of programs, projects, and
activities, including participation in implementation
and oversight, and the development of specific
benchmarks to measure progress and outcomes.
(5) Funds will be used to train and deploy additional
United States Government direct-hire personnel to
improve monitoring and control of assistance to ensure
that funds are used for the intended purpose and do not
support illicit and/or corrupt activities.
(6) A framework and methodology is being utilized to
assess national, provincial, local and sector level
fiduciary risks relating to public financial management
of United States Government assistance.
(c) Direct Government-to-government Assistance.--
(1) Funds appropriated or otherwise made available by
this Act for assistance for Afghanistan may not be made
available for direct government-to-government
assistance unless the Secretary of State certifies to
the Committees on Appropriations that the relevant
Afghan implementing agency has been assessed and
considered qualified to manage such funds and the
Government of the United States and the Government of
Afghanistan have agreed, in writing, to clear and
achievable goals and objectives for the use of such
funds, and have established mechanisms within each
implementing agency to ensure that such funds are used
for the purposes for which they were intended:
Provided, That the Secretary of State should suspend
any direct government-to-government assistance to an
implementing agency if the Secretary has credible
information of misuse of such funds by any such agency:
Provided further, That any such assistance shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations.
(2) Funds appropriated or otherwise made available by
this Act for assistance for Afghanistan may be made
available as a United States contribution to the
Afghanistan Reconstruction Trust Fund (ARTF) unless the
Secretary of State determines and reports to the
Committees on Appropriations that the World Bank
Monitoring Agent of the ARTF is unable to conduct its
financial control and audit responsibilities due to
restrictions on security personnel by the Government of
Afghanistan.
(d) Assistance for Operations.--
(1) Funds appropriated under the headings ``Economic
Support Fund'' and ``International Narcotics Control
and Law Enforcement'' in this Act that are available
for assistance for Afghanistan--
(A) shall be made available, to the maximum
extent practicable, in a manner that emphasizes
the participation of Afghan women, and directly
improves the security, economic and social
well-being, and political status, and protects
the rights of, Afghan women and girls and
complies with sections 7062 and 7063 of
division F of Public Law 111-117, including
support for the Afghan Independent Human Rights
Commission, the Afghan Ministry of Women's
Affairs, and women-led nongovernmental
organizations;
(B) may be made available for a United States
contribution to an internationally-managed fund
to support the reconciliation with and
disarmament, demobilization and reintegration
into Afghan society of former combatants who
have renounced violence against the Government
of Afghanistan: Provided, That funds may be
made available to support reconciliation and
reintegration activities only if--
(i) Afghan women are participating at
national, provincial and local levels
of government in the design, policy
formulation and implementation of the
reconciliation or reintegration
process, and such process upholds steps
taken by the Government of Afghanistan
to protect the internationally
recognized human rights of Afghan
women; and
(ii) such funds will not be used to
support any pardon or immunity from
prosecution, or any position in the
Government of Afghanistan or security
forces, for any leader of an armed
group responsible for crimes against
humanity, war crimes, or other
violations of internationally
recognized human rights.
(C) may be made available for a United States
contribution to the North Atlantic Treaty
Organization/International Security Assistance
Force Post-Operations Humanitarian Relief Fund;
and
(D) should be made available, notwithstanding
any provision of law that restricts assistance
to foreign countries, for cross border
stabilization and development programs between
Afghanistan and Pakistan or between either
country and the Central Asian republics.
(2) Programs and activities funded under titles III
and IV of this Act that provide training for foreign
police, judicial, and military personnel shall address,
where appropriate, gender-based violence.
(3) The authority contained in section 1102(c) of
Public Law 111-32 shall continue in effect during
fiscal year 2011 and shall apply as if included in this
Act.
(4) The Coordinator for Rule of Law at the United
States Embassy in Kabul, Afghanistan shall be consulted
on the use of all funds appropriated by this Act for
rule of law programs in Afghanistan.
(5) None of the funds made available by this Act may
be used by the United States Government to enter into a
permanent basing rights agreement between the United
States and Afghanistan.
(6) The Secretary of State, after consultation with
the USAID Administrator, shall submit to the Committees
on Appropriations not later than 45 days after
enactment of this Act, and prior to the initial
obligation of funds, a detailed spending plan for
assistance for Afghanistan which shall include clear
and achievable goals, benchmarks for measuring
progress, and expected results: Provided, That such
plan shall not be considered as meeting the
notification requirements under section 7015 of
division F of Public Law 111-117 or under section 634A
of the Foreign Assistance Act of 1961.
(7) Any significant modification to the scope,
objectives, or implementation mechanisms of United
States assistance programs in Afghanistan shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations, except that the prior consultation
requirement may be waived in a manner consistent with
section 7015(e) of division F of Public Law 111-117.
(e) Oversight.--
(1) The Special Inspector General for Afghanistan
Reconstruction, the Inspector General of the Department
of State and the Inspector General of USAID, shall
jointly develop and submit to the Committees on
Appropriations within 45 days of enactment of this Act
a coordinated audit and inspection plan of United
States assistance for, and civilian operations in,
Afghanistan.
(2) Of the funds appropriated in this Act under the
heading ``Economic Support Fund'' for assistance for
Afghanistan, $3,000,000 shall be transferred to, and
merged with, funds made available under the heading
``Office of Inspector General'' in title I of this Act,
for increased oversight of programs in Afghanistan and
shall be in addition to funds otherwise available for
such purposes: Provided, That $1,500,000 shall be for
the Special Inspector General for Afghanistan
Reconstruction.
(3) Of the funds appropriated in this Act under the
heading ``Economic Support Fund'' for assistance for
Afghanistan, $1,500,000 shall be transferred to, and
merged with, funds appropriated under the heading
``Office of Inspector General'' in title II of this Act
for increased oversight of programs in Afghanistan and
shall be in addition to funds otherwise available for
such purposes.
(f) Modification to Prior Provisions.--
(1) Section 1004(c)(1)(C) of Public Law 111-212 is
amended to read as follows:
``(C) taking credible steps to protect the
internationally recognized human rights of Afghan
women.''.
(2) Section 1004(d)(l) of Public Law 111-212 is
amended to read as follows:
``(1) Afghan women are participating at national,
provincial and local levels of government in the
design, policy formulation and implementation of the
reconciliation or reintegration process, and such
process upholds steps taken by the Government of
Afghanistan to protect the internationally recognized
human rights of Afghan women; and''.
(3) Section 1004(e)(1) of Public Law 111-212 is
amended to read as follows:.
``(1) based on information available to the
Secretary, the Independent Electoral Commission has no
members or other employees who participated in, or
helped to cover up, acts of fraud in the 2009
presidential election in Afghanistan, and the Electoral
Complaints Commission is a genuinely independent body
with all the authorities that were invested in it under
Afghan law as of December 31, 2009; and''.
Sec. 3110. In addition to amounts otherwise made available
by this Act, $100,000,000, to remain available until expended,
is appropriated for payment as a contribution to a global food
security fund by the Secretary of the Treasury.
Sec. 3111. (a) Contribution to the Asian Development Bank.--
In addition to amounts otherwise made available by this Act,
$106,586,000, to remain available until expended, is
appropriated for payment to the Asian Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock.
(b) Limitation on Callable Capital Subscriptions.--The United
States Governor of the Asian Development Bank may subscribe
without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount
not to exceed $2,558,048,769.
(c) Amendment.--The Asian Development Bank Act (22 U.S.C. 285
et seq.), is amended by adding at the end the following:
``NINTH REPLENISHMENT
``Sec. 33. (a) The United States Governor of the Bank is
authorized to contribute, on behalf of the United States,
$461,000,000 to the ninth replenishment of the resources of the
Fund, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $461,000,000 for
payment by the Secretary of the Treasury.
``FIFTH CAPITAL INCREASE
``Sec. 34. (a) Subscription Authorized.
``(1) The United States Governor of the Bank may
subscribe on behalf of the United States to 1,104,420
additional shares of the capital stock of the Bank.
``(2) Any subscription by the United States to
capital stock of the Bank shall be effective only to
such extent or in such amounts as are provided in
advance in appropriations Acts.
``(b) Authorization of Appropriations--
``(1) In order to pay for the increase in the United
States subscription to the Bank provided for in
subsection (a), there are authorized to be
appropriated, without fiscal year limitation,
$13,323,173,083, for payment by the Secretary of the
Treasury.
``(2) Of the amount authorized to be appropriated
under paragraph (1)--
``(A) $532,929,240 is authorized to be
appropriated for paid in shares of the Bank;
and
``(B) $12,790,243,843 is authorized to be
appropriated for callable shares of the Bank,
for payment by the Secretary of the
Treasury.''.
CHAPTER 12--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES
Sec. 3201. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Aviation
Administration, Operations'' shall be $9,542,983,000, of which
$4,559,000,000 shall be derived from the Airport and Airway
Trust Fund, of which no less than $7,473,299,000 shall be for
air traffic organization activities; no less than
$1,253,020,000 shall be for aviation regulation and
certification activities; not to exceed $15,237,000 shall be
available for commercial space transportation activities; not
to exceed $113,681,000 shall be available for financial
services activities; not to exceed $100,428,000 shall be
available for human resources program activities; not to exceed
$341,977,000 shall be available for region and center
operations and regional coordination activities; not to exceed
$196,063,000 shall be available for staff offices; and not to
exceed $49,278,000 shall be available for information services.
Sec. 3202. The amounts included under the heading
``Department of Transportation, Federal Aviation
Administration, Grants-in-Aid for Airports (Liquidation of
Contract Authorization)'' in division A of Public Law 111-117
shall be applied to funds appropriated by this Act by
substituting ``$3,550,000,000'' for ``$3,000,000,000''.
Sec. 3203. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Highway Administration,
Surface Transportation Priorities'' shall be $0.
Sec. 3204. Notwithstanding section 1101, no funds are
provided for activities described in section 122 of title I of
division A of Public Law 111-117.
Sec. 3205. Of the amount made available for ``Department of
Transportation, Motor Carrier Safety Grants, (Liquidation of
Contract Authorization), (Limitation on Obligations), (Highway
Trust Fund)'' for the commercial driver's license information
system modernization program, $3,000,000 shall be made
available for audits of new entrant motor carriers to carry out
section 4107(b) of Public Law 109-59, and 31104(a) of title 49,
United States Code, and $5,000,000 shall be made available for
the commercial driver's license improvements program to carry
out section 31313 of title 49, United States Code.
Sec. 3206. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad
Administration, Safety and Operations'' shall be $176,950,000.
Sec. 3207. Notwithstanding section 1101, the level for
``Department of Transportation, Federal Railroad
Administration, Capital Assistance for High Speed Rail
Corridors and Intercity Passenger Rail Service'' shall be
$1,000,000,000.
Sec. 3208. Notwithstanding section 1101, the level for
``Department of Transportation, Maritime Administration,
Operations and Training'' shall be $155,750,000, of which
$11,240,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $15,000,000 shall remain available
until expended for capital improvements at the United States
Merchant Marine Academy, of which $59,057,000 shall be
available for operations at the United States Merchant Marine
Academy, and of which $6,000,000 shall remain available until
expended for the Secretary's reimbursement of overcharged
midshipmen fees for academic years 2003-2004 through 2008-2009
and such action shall be final and conclusive.
Sec. 3209. Notwithstanding section 1101, the level for each
of the following accounts under the heading ``Department of
Transportation, Pipeline and Hazardous Materials Safety
Administration'' shall be as follows: ``Operational Expenses
(Pipeline Safety Fund)'', $21,496,000; ``Hazardous Materials
Safety'', $39,098,000, of which $1,699,000 shall remain
available until September 30, 2013; and ``Pipeline Safety
(Pipeline Safety Fund) (Oil Spill Liability Trust Fund)'',
$106,919,000, of which $18,905,000 shall be derived from the
Oil Spill Liability Trust Fund and shall remain available until
September 30, 2013, and of which $88,014,000 shall be derived
from the Pipeline Safety Fund, of which $47,332,000 shall
remain available until September 30, 2013.
Sec. 3210. Notwithstanding section 1101, section 186 of
title I of division A of Public Law 111-117 shall not apply to
fiscal year 2011.
Sec. 3211. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Personnel
Compensation and Benefits, Housing'' shall be $390,885,000.
Sec. 3212. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Personnel
Compensation and Benefits, Office of the Government National
Mortgage Association'' shall be $14,000,000.
Sec. 3213. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and
Indian Housing, Tenant-Based Rental Assistance'' shall be
$14,863,998,000, to remain available until expended, shall be
available on October 1, 2010 (in addition to the $4,000,000,000
previously appropriated under such heading that will become
available on October 1, 2010), and notwithstanding section
1109, an additional $4,000,000,000, to remain available until
expended, shall be available on October 1, 2011: Provided, That
of the amounts available for such heading, $16,993,998,000
shall be for activities specified in paragraph (1) and
$145,000,000 shall be for activities specified in paragraph (2)
under such heading of division A of Public Law 111-117:
Provided further, That of the amounts made available for
activities under paragraph (2) under such heading of division A
of Public Law 111-117, $25,000,000 shall be available to
provide tenant protection assistance, not otherwise provided
under this paragraph, to residents residing in low-vacancy
areas and who may have to pay rents greater than 30 percent of
household income, as the result of (1) the maturity of a HUD-
insured, HUD-held or section 202 loan that requires the
permission of the Secretary prior to loan payment, (2) the
expiration of a rental assistance contract for which the
tenants are not eligible for enhanced voucher or tenant
protection assistance under existing law, or (3) the expiration
of affordability restrictions accompanying a mortgage or
preservation program administered by the Secretary: Provided
further, That such tenant protection assistance made available
under the previous proviso may be provided under the authority
of section 8(t) of the United States Housing Act of 1937 (42
U.S.C. 1937f(t)): Provided further, That the Secretary shall
issue guidance to implement the previous two provisos,
including but not limited to requirements for defining eligible
at-risk households, within 120 days of the enactment of this
Act.
Sec. 3214. The seventh proviso in paragraph (1) under the
heading ``Department of Housing and Urban Development, Public
and Indian Housing, Tenant-Based Rental Assistance'' in
division A of Public Law 111-117 shall be applied in fiscal
year 2011 by inserting before the colon at the end the
following: ``; (5) for one-time adjustments of renewal funding
for public housing agencies in receivership with approved
fungibility plans for calendar year 2009 as authorized in
section 11003 of the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (Public Law
110-329); or (6) to adjust allocations for public housing
agencies to prevent termination of assistance to families
receiving assistance under the disaster voucher program, as
authorized by chapter 9 of title I of division B of Public Law
109-148 under the heading `Tenant-Based Rental Assistance'''.
Sec. 3215. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community
Planning and Development, Community Development Fund'' shall be
$4,255,000,000, of which $3,990,000,000 shall be for carrying
out the community development block grant program under title I
of the Housing and Community Development Act of 1974, as
amended: Provided, That none of the funds made available by
this section for such account may be used for grants for the
Economic Development Initiative or Neighborhood Initiatives
activities.
Sec. 3216. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Community
Planning and Development, Homeless Assistance Grants'' shall be
$2,055,000,000.
Sec. 3217. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Housing
Programs, Project-Based Rental Assistance'' shall be
$8,882,328,000, to remain available until expended, shall be
available on October 1, 2010 (in addition to the $393,672,000
previously appropriated under such heading that became
available on October 1, 2010), and, notwithstanding section
1109, an additional $400,000,000, to remain available until
expended, shall be available on October 1, 2011: Provided, That
of the amounts available for such heading, $8,950,000,000 shall
be for activities specified in paragraph (1) under such heading
of division A of Public Law 111-117 and $326,000,000 shall be
available for activities specified in paragraph (2) under such
heading in such public law.
Sec. 3218. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Housing
Programs, Energy Innovation Fund'' shall be $0.
Sec. 3219. The heading ``Department of Housing and Urban
Development, Housing Program, Other Assisted Housing Programs,
Rental Housing Assistance'' shall be applied by inserting ``,
or extensions of up to one year for expiring contracts,'' after
``for amendments to contracts''.
Sec. 3220. Notwithstanding section 1101, the level under the
heading ``Department of Housing and Urban Development, Housing
Programs, Rent Supplement (Rescission)'' shall be $40,060,000.
Sec. 3221. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Federal Housing
Administration, Mutual Mortgage Insurance Program Account'' for
administrative contract expenses shall be $221,125,000.
Sec. 3222. The first proviso in the first paragraph under
the heading ``Department of Housing and Urban Development,
Federal Housing Administration, General and Special Risk
Program Account'' in division A of Public Law 111-117 shall be
applied in fiscal year 2011 by substituting `$20,000,000,000'
for `$15,000,000,000'.
Sec. 3223. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Management and
Administration, Working Capital Fund'' shall be $228,500,000.
Sec. 3224. Notwithstanding section 1101, the level for
``Related Agencies, National Railroad Passenger Corporation,
Office of Inspector General, Salaries and Expenses'' shall be
$19,496,000.
Sec. 3225. Notwithstanding section 1101, the level under the
heading ``Related Agencies, United States Interagency Council
on Homelessness, Operating Expenses'' shall be $3,930,000.
Sec. 3226. Section 209 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11319) is repealed.
Sec. 3227. Unobligated balances of funds made available for
obligation under 23 U.S.C. 320, section 147 of Public Law 95-
599, section 9(c) of Public Law 97-134, section 149 of Public
Law 100-17, and sections 1006, 1069, 1103, 1104, 1105, 1106,
1107, 1108, 6005, 6015, and 6023 of Public Law 102-240 are
permanently rescinded. In addition, the unobligated balance
available on September 30, 2011, under section 1602 of the
Transportation Equity Act for the 21st Century (Public Law 105-
178) for each project for which less than 10 percent of the
amount authorized for such project under such section has been
obligated is permanently rescinded. In addition, of the amounts
authorized for fiscal years 2005 through 2009 in section
1101(a)(16) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-
59) to carry out the high priority projects program under
section 117 of title 23, United States Code, that are not
allocated for projects described in section 1702 of such Act,
$8,190,335 are permanently rescinded.
DIVISION B--SURFACE TRANSPORTATION EXTENSION
SEC. 4001. SHORT TITLE; RECONCILIATION OF FUNDS.
(a) Short Title.--This division may be cited as the ``Surface
Transportation Extension Act of 2010, Part II''.
(b) Reconciliation of Funds.--The Secretary of Transportation
shall reduce the amount apportioned or allocated for a program,
project, or activity under this division in fiscal year 2011 by
amounts apportioned or allocated pursuant to the Surface
Transportation Extension Act of 2010 for the period beginning
on October 1, 2010, and ending on December 31, 2010.
TITLE I--FEDERAL-AID HIGHWAYS
SEC. 4101. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.
(a) In General.--Section 411 of the Surface Transportation
Extension Act of 2010 (Public Law 111-147; 124 Stat. 78) is
amended--
(1) by striking ``the period beginning on October 1,
2010, and ending on December 31, 2010'' each place it
appears (except in subsection (c)(2)) and inserting
``fiscal year 2011'';
(2) in subsection (a) by striking ``December 31,
2010'' and inserting ``September 30, 2011'';
(3) in subsection (b)(2) by striking ``\1/4 \of'';
(4) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``\1/4 \of''; and
(ii) by striking ``the period
beginning on October 1, 2010, and
ending on December 31, 2010,'' and
inserting ``fiscal year 2011'';
(B) in paragraph (4)--
(i) in subparagraph (A)(ii) by
striking ``, except that during such
period obligations subject to such
limitation shall not exceed \1/4\ of
the limitation on obligations included
in an Act making appropriations for
fiscal year 2011''; and
(ii) in subparagraph (B)(ii)(II) by
striking ``$159,750,000'' and inserting
``$639,000,000''; and
(C) by striking paragraph (5);
(5) in subsection (d)--
(A) by striking ``\1/4\ of'' each place it
appears; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause
(i) by striking ``apportioned under
sections 104(b) and 144 of title 23,
United States Code,'' and inserting
``specified in section 105(a)(2) of
title 23, United States Code (except
the high priority projects program),'';
and
(ii) in clause (ii) by striking
``apportioned under such sections of
such Code'' and inserting ``specified
in such section 105(a)(2) (except the
high priority projects program)''; and
(6) in subsection (e)(1)(B) by striking ``\1/4\''.
(b) Administrative Expenses.--Section 412(a)(2) of the
Surface Transportation Extension Act of 2010 (Public Law 111-
147; 124 Stat. 83) is amended--
(1) by striking ``$105,606,250'' and inserting
``$422,425,000''; and
(2) by striking ``the period beginning on October 1,
2010, and ending on December 31, 2010'' and inserting
``fiscal year 2011''.
TITLE II--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, FEDERAL MOTOR
CARRIER SAFETY ADMINISTRATION, AND ADDITIONAL PROGRAMS
SEC. 4201. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HIGHWAY SAFETY PROGRAMS.
(a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1) of
SAFETEA-LU (119 Stat. 1519) is amended by striking ``and
$58,750,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and $235,000,000
for fiscal year 2011.''.
(b) Highway Safety Research and Development.--Section
2001(a)(2) of SAFETEA-LU (119 Stat. 1519) is amended by
striking ``and $27,061,000 for the period beginning on October
1, 2010, and ending on December 31, 2010.'' and inserting ``and
$108,244,000 for fiscal year 2011.''.
(c) Occupant Protection Incentive Grants.--Section 2001(a)(3)
of SAFETEA-LU (119 Stat. 1519) is amended by striking ``and
$6,250,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and $25,000,000
for fiscal year 2011.''.
(d) Safety Belt Performance Grants.--Section 2001(a)(4) of
SAFETEA-LU (119 Stat. 1519) is amended by striking ``and
$31,125,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and $124,500,000
for fiscal year 2011.''.
(e) State Traffic Safety Information System Improvements.--
Section 2001(a)(5) of SAFETEA-LU (119 Stat. 1519) is amended by
striking ``and $8,625,000 for the period beginning on October
1, 2010, and ending on December 31, 2010.'' and inserting ``and
$34,500,000 for fiscal year 2011.''.
(f) Alcohol-impaired Driving Countermeasures Incentive Grant
Program.--Section 2001(a)(6) of SAFETEA-LU (119 Stat. 1519) is
amended by striking ``and $34,750,000 for the period beginning
on October 1, 2010, and ending on December 31, 2010.'' and
inserting ``and $139,000,000 for fiscal year 2011.''.
(g) National Driver Register.--Section 2001(a)(7) of SAFETEA-
LU (119 Stat. 1520) is amended by striking ``and $1,029,000 for
the period beginning on October 1, 2010, and ending on December
31, 2010.'' and inserting ``and $4,116,000 for fiscal year
2011.''.
(h) High Visibility Enforcement Program.--Section 2001(a)(8)
of SAFETEA-LU (119 Stat. 1520) is amended by striking ``and
$7,250,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``and $29,000,000
for fiscal year 2011.''.
(i) Motorcyclist Safety.--Section 2001(a)(9) of SAFETEA-LU
(119 Stat. 1520) is amended by striking ``and $1,750,000 for
the period beginning on October 1, 2010, and ending on December
31, 2010.'' and inserting ``and $7,000,000 for fiscal year
2011.''.
(j) Child Safety and Child Booster Seat Safety Incentive
Grants.--Section 2001(a)(10) of SAFETEA-LU (119 Stat. 1520) is
amended by striking ``and $1,750,000 for the period beginning
on October 1, 2010, and ending on December 31, 2010.'' and
inserting ``and $7,000,000 for fiscal year 2011.''.
(k) Administrative Expenses.--Section 2001(a)(11) of SAFETEA-
LU (119 Stat. 1520) is amended by striking ``and $6,332,000 for
the period beginning on October 1, 2010, and ending on December
31, 2010.'' and inserting ``and $25,328,000 for fiscal year
2011.''.
SEC. 4202. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAMS.
(a) Motor Carrier Safety Grants.--Section 31104(a)(7) of
title 49, United States Code, is amended by striking
``$52,679,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010.'' and inserting ``$209,000,000 for
fiscal year 2011.''.
(b) Administrative Expenses.--Section 31104(i)(1)(G) of title
49, United States Code, is amended by striking ``$61,036,000
for the period beginning on October 1, 2010, and ending on
December 31, 2010.'' and inserting ``$244,144,000 for fiscal
year 2011.''.
(c) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 Stat.
1715) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' after ``2009,''; and
(B) by striking ``and $6,301,000 for the
period beginning on October 1, 2010, and ending
on December 31, 2010'' and inserting ``and
$25,000,000 for fiscal year 2011'';
(2) in paragraph (2) by striking ``and $8,066,000 for
the period beginning on October 1, 2010, and ending on
December 31, 2010'' and inserting ``and $32,000,000 for
fiscal year 2011'';
(3) in paragraph (3) by striking ``and $1,260,000 for
the period beginning on October 1, 2010, and ending on
December 31, 2010'' and inserting ``and $5,000,000 for
fiscal year 2011'';
(4) in paragraph (4) by striking ``and $6,301,000 for
the period beginning on October 1, 2010, and ending on
December 31, 2010'' and inserting ``and $25,000,000 for
fiscal year 2011''; and
(5) in paragraph (5) by striking ``and $756,000 for
the period beginning on October 1, 2010, and ending on
December 31, 2010'' and inserting ``and $3,000,000 for
fiscal year 2011''.
(d) High-Priority Activities.--Section 31104(k)(2) of title
49, United States Code, is amended by striking ``and $3,781,000
for the period beginning on October 1, 2010, and ending on
December 31, 2010'' and inserting ``and $15,000,000 for fiscal
year 2011''.
(e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49,
United States Code, is amended by striking ``(and up to
$7,310,000 for the period beginning on October 1, 2010, and
ending on December 31, 2010)''.
(f) Commercial Driver's License Information System
Modernization.--Section 4123(d)(6) of SAFETEA-LU (119 Stat.
1736) is amended by striking ``$2,016,000 for the period
beginning on October 1, 2010, and ending on December 31,
2010.'' and inserting ``$8,000,000 for fiscal year 2011.''.
(g) Outreach and Education.--Section 4127(e) of SAFETEA-LU
(119 Stat. 1741) is amended by striking ``and 2010'' and all
that follows before ``to carry out'' and inserting ``2010, and
2011''.
(h) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of SAFETEA-LU (119 Stat. 1744) is amended by
striking ``2009, 2010, and $252,000 for the period beginning on
October 1, 2010, and ending on December 31, 2010,'' and
inserting ``2011''.
(i) Motor Carrier Safety Advisory Committee.--Section 4144(d)
of SAFETEA-LU (119 Stat. 1748) is amended by striking
``December 31, 2010'' and inserting ``September 30, 2011''.
(j) Working Group for Development of Practices and Procedures
to Enhance Federal-State Relations.--Section 4213(d) of
SAFETEA-LU (49 U.S.C. 14710 note; 119 Stat. 1759) is amended by
striking ``December 31, 2010'' and inserting ``September 30,
2011''.
SEC. 4203. ADDITIONAL PROGRAMS.
(a) Hazardous Materials Research Projects.--Section 7131(c)
of SAFETEA-LU (119 Stat. 1910) is amended by striking ``through
2010'' and all that follows before ``shall be available'' and
inserting ``through 2011''.
(b) Dingell-Johnson Sport Fish Restoration Act.--Section 4 of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c)
is amended--
(1) in subsection (a) by striking ``For each of
fiscal years 2006'' and all that follows before
paragraph (1) and inserting the following: ``For each
of fiscal years 2006 through 2011, the balance of each
annual appropriation made in accordance with the
provisions of section 3 remaining after the
distributions for administrative expenses and other
purposes under subsection (b) and for multistate
conservation grants under section 14 shall be
distributed as follows:''; and
(2) in subsection (b)(1)(A) by striking the first
sentence and inserting the following: ``From the annual
appropriation made in accordance with section 3, for
each of fiscal years 2006 through 2011, the Secretary
of the Interior may use no more than the amount
specified in subparagraph (B) for the fiscal year for
expenses for administration incurred in the
implementation of this Act, in accordance with this
section and section 9.''.
(c) Surface Transportation Project Delivery Pilot Program.--
Section 327(i)(1) of title 23, United States Code, is amended
by striking ``6 years after'' and inserting ``7 years after''.
(d) Implementation of Future Strategic Highway Research
Program.--Section 510 of title 23, United States Code, is
amended by adding at the end the following:
``(h) Implementation.--Notwithstanding any other provision of
this section, the Secretary may use funds made available to
carry out this section for implementation of research products
related to the future strategic highway research program,
including development, demonstration, evaluation, and
technology transfer activities.''.
TITLE III--PUBLIC TRANSPORTATION PROGRAMS
SEC. 4301. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.
Section 5305(g) of title 49, United States Code, is amended
by striking ``2010, and for the period beginning October 1,
2010, and ending December 31, 2010,'' and inserting ``2011''.
SEC. 4302. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.
Section 5307(b)(2) of title 49, United States Code, is
amended--
(1) in the paragraph heading by striking ``2010, and
the period beginning october 1, 2010, and ending
december 31, 2010'' and inserting ``2011'';
(2) in subparagraph (A) by striking ``2010, and the
period beginning October 1, 2010, and ending December
31, 2010,'' and inserting ``2011,''; and
(3) in subparagraph (E)--
(A) in the subparagraph heading by striking
``2010 and during the period beginning october
1, 2010, and ending december 31, 2010'' and
inserting ``2011''; and
(B) in the matter preceding clause (i) by
striking ``In fiscal years 2008 through 2010,
and during the period beginning October 1,
2010, and ending December 31, 2010,'' and
inserting ``In each of fiscal years 2008
through 2011''.
SEC. 4303. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.
Section 5309(m) of title 49, United States Code, is
amended--
(1) in paragraph (2)--
(A) in the paragraph heading by striking
``2010 and october 1, 2010, through december
31, 2010'' and inserting ``2011'';
(B) in the matter preceding subparagraph (A)
by striking ``2010, and during the period
beginning October 1, 2010, and ending December
31, 2010,'' and inserting ``2011''; and
(C) in subparagraph (A)(i) by striking
``2010, and $50,000,000 for the period
beginning October 1, 2010, and ending December
31, 2010,'' and inserting ``2011'';
(2) in paragraph (6)--
(A) in subparagraph (B) by striking ``2010,
and $3,750,000 shall be available for the
period beginning October 1, 2010, and ending
December 31, 2010,'' and inserting ``2011'';
and
(B) in subparagraph (C) by striking ``2010,
and $1,250,000 shall be available for the
period beginning October 1, 2010 and ending
December 31, 2010,'' and inserting ``2011'';
and
(3) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking ``(A) Ferry boat
systems.--'' and all that follows
through ``(i) Fiscal year 2006 through
2010.--$10,000,000 shall be available
in each of fiscal years 2006 through
2010'' and inserting the following:
``(A) Ferry boat systems.--$10,000,000 shall
be available in each of fiscal years 2006
through 2011'';
(ii) by striking clause (ii);
(iii) by redesignating subclauses (I)
through (VIII) as clauses (i) through
(viii), respectively, and moving the
text of such clauses 2 ems to the left;
and
(iv) by inserting a period at the end
of clause (iv) (as so redesignated);
(B) by striking subparagraph (B)(vi) and
inserting the following:
``(vi) $13,500,000 for fiscal year
2011.'';
(C) in subparagraph (C) by striking ``, and
during the period beginning October 1, 2010,
and ending December 31, 2010,'';
(D) in subparagraph (D) by striking ``, and
not less than $8,750,000 shall be available for
the period beginning October 1, 2010, and
ending December 31, 2010,''; and
(E) in subparagraph (E) by striking ``, and
$750,000 shall be available for the period
beginning October 1, 2010, and ending December
31, 2010,''.
SEC. 4304. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED
AREAS.
Section 5311(c)(1)(F) of title 49, United States Code, is
amended to read as follows:
``(F) $15,000,000 for fiscal year 2011.''.
SEC. 4305. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.
Section 5337 of title 49, United States Code, is amended--
(1) in subsection (a), in the matter preceding
paragraph (1), by striking ``2010'' and inserting
``2011''; and
(2) by striking subsection (g).
SEC. 4306. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.
(a) Formula and Bus Grants.--Section 5338(b) of title 49,
United States Code, is amended--
(1) by striking paragraph (1)(F) and inserting the
following:
``(F) $8,360,565,000 for fiscal year 2011.'';
and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking
``$28,375,000 for the period beginning October
1, 2010, and ending December 31, 2010,'' and
inserting ``$113,500,000 for fiscal year
2011'';
(B) in subparagraph (B) by striking
``$1,040,091,250 for the period beginning
October 1, 2010, and ending December 31,
2010,'' and inserting ``$4,160,365,000 for
fiscal year 2011'';
(C) in subparagraph (C) by striking
``$12,875,000 for the period beginning October
1, 2010, and ending December 31, 2010,'' and
inserting ``$51,500,000 for fiscal year 2011'';
(D) in subparagraph (D) by striking
``$416,625,000 for the period beginning October
1, 2010 and ending December 31, 2010,'' and
inserting ``$1,666,500,000 for fiscal year
2011'';
(E) in subparagraph (E) by striking
``$246,000,000 for the period beginning October
1, 2010 and ending December 31, 2010,'' and
inserting ``$984,000,000 for fiscal year
2011'';
(F) in subparagraph (F) by striking
``$33,375,000 for the period beginning October
1, 2010 and ending December 31, 2010,'' and
inserting ``$133,500,000 for fiscal year
2011'';
(G) in subparagraph (G) by striking
``$116,250,000 for the period beginning October
1, 2010 and ending December 31, 2010,'' and
inserting ``$465,000,000 for fiscal year
2011'';
(H) in subparagraph (H) by striking
``$41,125,000 for the period beginning October
1, 2010 and ending December 31, 2010,'' and
inserting ``$164,500,000 for fiscal year
2011'';
(I) in subparagraph (I) by striking
``$23,125,000 for the period beginning October
1, 2010 and ending December 31, 2010,'' and
inserting ``$92,500,000 for fiscal year 2011'';
(J) in subparagraph (J) by striking
``$6,725,000 for the period beginning October
1, 2010 and ending December 31, 2010,'' and
inserting ``$26,900,000 for fiscal year 2011'';
(K) in subparagraph (K) by striking
``$875,000 for the period beginning October 1,
2010 and ending December 31, 2010,'' and
inserting ``$3,500,000 for fiscal year 2011'';
(L) in subparagraph (L) by striking
``$6,250,000 for the period beginning October
1, 2010 and ending December 31, 2010,'' and
inserting ``$25,000,000 for fiscal year 2011'';
(M) in subparagraph (M) by striking
``$116,250,000 for the period beginning October
1, 2010 and ending December 31, 2010,'' and
inserting ``$465,000,000 for fiscal year
2011''; and
(N) in subparagraph (N) by striking
``$2,200,000 for the period beginning October
1, 2010 and ending December 31, 2010,'' and
inserting ``$8,800,000 for fiscal year 2011''.
(b) Capital Investment Grants.--Section 5338(c)(6) of title
49, United States Code, is amended to read as follows:
``(6) $2,000,000,000 for fiscal year 2011.''.
(c) Research and University Research Centers.--Section
5338(d) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)
by striking ``$17,437,500 for the period
beginning October 1, 2010, and ending December
31, 2010'' and inserting ``$69,750,000 for
fiscal year 2011''; and
(B) in subparagraph (A) by striking ``fiscal
year 2009'' and inserting ``each of fiscal
years 2009, 2010, and 2011'';
(2) in paragraph (2)(A)--
(A) in clauses (i), (ii), and (iii) by
striking ``2009'' and inserting ``2011''; and
(B) in clauses (v), (vi), (vii), and (viii)
by striking ``and 2009'' and inserting
``through 2011''; and
(3) by striking paragraph (3) and inserting the
following:
``(3) Funding.--If the Secretary determines that a
project or activity described in paragraph (2) received
sufficient funds in fiscal year 2010, or a previous
fiscal year, to carry out the purpose for which the
project or activity was authorized, the Secretary may
not allocate any amounts under paragraph (2) for the
project or activity for fiscal year 2011, or any
subsequent fiscal year.''.
(d) Administration.--Section 5338(e)(6) of title 49, United
States Code, is amended to read as follows:
``(6) $98,911,000 for fiscal year 2011.''.
SEC. 4307. AMENDMENTS TO SAFETEA-LU.
(a) Contracted Paratransit Pilot.--Section 3009(i)(1) of
SAFETEA-LU (119 Stat. 1572) is amended by striking ``2010, and
for the period beginning October 1, 2010, and ending December
31, 2010'' and inserting ``2011''.
(b) Public-private Partnership Pilot Program.--Section 3011
of SAFETEA-LU (49 U.S.C. 5309 note; 119 Stat. 1588) is
amended--
(1) in subsection (c)(5) by striking ``2010 and the
period beginning October 1, 2010, and ending December
31, 2010'' and inserting ``2011''; and
(2) in subsection (d) by striking ``2010, and for the
period beginning October 1, 2010, and ending December
31, 2010'' and inserting ``2011''.
(c) Elderly Individuals and Individuals With Disabilities
Pilot Program.--Section 3012(b)(8) of SAFETEA-LU (49 U.S.C.
5310 note; 119 Stat. 1593) is amended by striking ``December
31, 2010'' and inserting ``September 30, 2011''.
(d) Obligation Ceiling.--Section 3040(7) of SAFETEA-LU (119
Stat. 1639) is amended to read as follows:
``(7) $10,507,752,000 for fiscal year 2011, of which
not more than $8,360,565,000 shall be from the Mass
Transit Account.''.
(e) Project Authorizations for New Fixed Guideway Capital
Projects.--Section 3043 of SAFETEA-LU (119 Stat. 1640) is
amended--
(1) in subsection (b), in the matter preceding
paragraph (1), by striking ``2010, and for the period
beginning October 1, 2010, and ending December 31,
2010,'' and inserting ``2011''; and
(2) in subsection (c), in the matter preceding
paragraph (1), by striking ``2010, and for the period
beginning October 1, 2010, and ending December 31,
2010,'' and inserting ``2011''.
(f) Allocations for National Research and Technology
Programs.--Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note; 119
Stat. 1706) is amended--
(1) in subsection (b) by striking ``or period'';
(2) by striking subsection (c) and inserting the
following:
``(c) Additional Appropriations.--The Secretary shall
allocate amounts appropriated pursuant to section 5338(d) of
title 49, United States Code, for national research and
technology programs under sections 5312, 5314, and 5322 of such
title for fiscal years 2010 and 2011, in amounts equal to the
amounts allocated for fiscal year 2009 under each of paragraphs
(2), (3), (5), (6), and (8) through (25) of subsection (a).'';
and
(3) in subsection (d)--
(A) by striking ``2009'' and inserting
``2010''; and
(B) by striking ``2010'' and inserting
``2011''.
SEC. 4308. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--Section 8003(a) of SAFETEA-LU (2
U.S.C. 901 note; 119 Stat. 1917) is amended--
(1) in paragraph (6) by striking ``for the period
beginning on October 1, 2009, and ending on September
30, 2010,'' and inserting ``for fiscal year 2010,'';
and
(2) by striking paragraph (7) and inserting the
following:
``(7) for fiscal year 2011, $42,469,970,178.''.
(b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU (2
U.S.C. 901 note; 119 Stat. 1917) is amended--
(1) in paragraph (6) by striking ``for the period
beginning on October 1, 2009, and ending on December
31, 2010,'' and inserting ``for fiscal year 2010,'';
and
(2) by striking paragraph (7) and inserting the
following:
``(7) for fiscal year 2011, $10,338,065,000.''.
TITLE IV--EXTENSION OF EXPENDITURE AUTHORITY
SEC. 4401. EXTENSION OF EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``December 31, 2010 (January 1, 2011,
in the case of expenditures for administrative
expenses)'' in subsections (b)(6)(B) and (c)(1) and
inserting ``October 1, 2011'',
(2) by striking ``the Surface Transportation
Extension Act of 2010'' in subsections (c)(1) and
(e)(3) and inserting ``the Surface Transportation
Extension Act of 2010, Part II'', and
(3) by striking ``January 1, 2011'' in subsection
(e)(3) and inserting ``October 1, 2011''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Surface Transportation Extension
Act of 2010'' each place it appears in subsection
(b)(2) and inserting ``Surface Transportation Extension
Act of 2010, Part II'', and
(2) by striking ``January 1, 2011'' in subsection
(d)(2) and inserting ``October 1, 2011''.
(c) Effective Date.--The amendments made by this section
shall take effect on December 31, 2010.
DIVISION C--AIRPORT AND AIRWAY EXTENSION
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Airport and Airway
Extension Act of 2010, Part IV''.
SEC. 5002. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of
the Internal Revenue Code of 1986 is amended by striking
``December 31, 2010'' and inserting ``September 30, 2011''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of
the Internal Revenue Code of 1986 is amended by
striking ``December 31, 2010'' and inserting
``September 30, 2011''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A)
of such Code is amended by striking ``December 31,
2010'' and inserting ``September 30, 2011''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2011.
SEC. 5003. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2011'' and inserting
``October 1, 2011''; and
(2) by inserting ``or the Airport and Airway
Extension Act of 2010, Part IV'' before the semicolon
at the end of subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e)
of such Code is amended by striking ``January 1, 2011'' and
inserting ``October 1, 2011''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2011.
SEC. 5004. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103(8) of
title 49, United States Code, is amended to read as follows:
``(8) $3,700,000,000 for fiscal year 2011.''.
(b) Project Grant Authority.--Section 47104(c) of such title
is amended by striking ``December 31, 2010,'' and inserting
``September 30, 2011,''.
SEC. 5005. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is
amended by striking ``January 1, 2011.'' and inserting
``October 1, 2011.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``December 31, 2010,'' and inserting
``September 30, 2011,''; and
(2) by striking ``March 31, 2011,'' and inserting
``December 31, 2011,''.
(c) Section 44303(b) of such title is amended by striking
``March 31, 2011,'' and inserting ``December 31, 2011,''.
(d) Section 47107(s)(3) of such title is amended by striking
``January 1, 2011.'' and inserting ``October 1, 2011.''.
(e) Section 47115(j) of such title is amended by striking
``fiscal years 2004 through 2010, and for the portion of fiscal
year 2011 ending before January 1, 2011,'' and inserting
``fiscal years 2004 through 2011,''.
(f) Section 47141(f) of such title is amended by striking
``December 31, 2010.'' and inserting ``September 30, 2011.''.
(g) Section 49108 of such title is amended by striking
``December 31, 2010,'' and inserting ``September 30, 2011,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by
striking ``fiscal year 2009 or 2010, or in the portion of
fiscal year 2011 ending before January 1, 2011,'' and inserting
``fiscal year 2009, 2010, or 2011''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended by
striking ``for fiscal years ending before October 1, 2010, and
for the portion of fiscal year 2011 ending before January 1,
2011,'' and inserting ``for fiscal years ending before October
1, 2011,''.
(j) The amendments made by this section shall take effect on
January 1, 2011.
DIVISION D--FOOD SAFETY
SEC. 6001. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``FDA
Food Safety Modernization Act''.
(b) References.--Except as otherwise specified, whenever in
this division an amendment is expressed in terms of an
amendment to a section or other provision, the reference shall
be considered to be made to a section or other provision of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
(c) Table of Contents.--The table of contents for this
division is as follows:
DIVISION D--FOOD SAFETY
Sec. 6001. Short title; references; table of contents.
TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS
Sec. 6101. Inspections of records.
Sec. 6102. Registration of food facilities.
Sec. 6103. Hazard analysis and risk-based preventive controls.
Sec. 6104. Performance standards.
Sec. 6105. Standards for produce safety.
Sec. 6106. Protection against intentional adulteration.
Sec. 6107. Authority to collect fees.
Sec. 6108. National agriculture and food defense strategy.
Sec. 6109. Food and Agriculture Coordinating Councils.
Sec. 6110. Building domestic capacity.
Sec. 6111. Sanitary transportation of food.
Sec. 6112. Food allergy and anaphylaxis management.
Sec. 6113. New dietary ingredients.
Sec. 6114. Requirement for guidance relating to post-harvest processing
of raw oysters.
Sec. 6115. Port shopping.
Sec. 6116. Alcohol-related facilities.
TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY
PROBLEMS
Sec. 6201. Targeting of inspection resources for domestic facilities,
foreign facilities, and ports of entry; annual report.
Sec. 6202. Laboratory accreditation for analyses of foods.
Sec. 6203. Integrated consortium of laboratory networks.
Sec. 6204. Enhancing tracking and tracing of food and recordkeeping.
Sec. 6205. Surveillance.
Sec. 6206. Mandatory recall authority.
Sec. 6207. Administrative detention of food.
Sec. 6208. Decontamination and disposal standards and plans.
Sec. 6209. Improving the training of State, local, territorial, and
tribal food safety officials.
Sec. 6210. Enhancing food safety.
Sec. 6211. Improving the reportable food registry.
TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD
Sec. 6301. Foreign supplier verification program.
Sec. 6302. Voluntary qualified importer program.
Sec. 6303. Authority to require import certifications for food.
Sec. 6304. Prior notice of imported food shipments.
Sec. 6305. Building capacity of foreign governments with respect to food
safety.
Sec. 6306. Inspection of foreign food facilities.
Sec. 6307. Accreditation of third-party auditors.
Sec. 6308. Foreign offices of the Food and Drug Administration.
Sec. 6309. Smuggled food.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 6401. Funding for food safety.
Sec. 6402. Employee protections.
Sec. 6403. Jurisdiction; authorities.
Sec. 6404. Compliance with international agreements.
Sec. 6405. Determination of budgetary effects.
TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS
SEC. 6101. INSPECTIONS OF RECORDS.
(a) In General.--Section 414(a) (21 U.S.C. 350c(a)) is
amended--
(1) by striking the subsection heading and all that
follows through ``of food is'' and inserting the
following: ``Records Inspection.--
``(1) Adulterated food.--If the Secretary has a
reasonable belief that an article of food, and any
other article of food that the Secretary reasonably
believes is likely to be affected in a similar manner,
is'';
(2) by inserting ``, and to any other article of food
that the Secretary reasonably believes is likely to be
affected in a similar manner,'' after ``relating to
such article'';
(3) by striking the last sentence; and
(4) by inserting at the end the following:
``(2) Use of or exposure to food of concern.--If the
Secretary believes that there is a reasonable
probability that the use of or exposure to an article
of food, and any other article of food that the
Secretary reasonably believes is likely to be affected
in a similar manner, will cause serious adverse health
consequences or death to humans or animals, each person
(excluding farms and restaurants) who manufactures,
processes, packs, distributes, receives, holds, or
imports such article shall, at the request of an
officer or employee duly designated by the Secretary,
permit such officer or employee, upon presentation of
appropriate credentials and a written notice to such
person, at reasonable times and within reasonable
limits and in a reasonable manner, to have access to
and copy all records relating to such article and to
any other article of food that the Secretary reasonably
believes is likely to be affected in a similar manner,
that are needed to assist the Secretary in determining
whether there is a reasonable probability that the use
of or exposure to the food will cause serious adverse
health consequences or death to humans or animals.
``(3) Application.--The requirement under paragraphs
(1) and (2) applies to all records relating to the
manufacture, processing, packing, distribution,
receipt, holding, or importation of such article
maintained by or on behalf of such person in any format
(including paper and electronic formats) and at any
location.''.
(b) Conforming Amendment.--Section 704(a)(1)(B) (21 U.S.C.
374(a)(1)(B)) is amended by striking ``section 414 when'' and
all that follows through ``subject to'' and inserting ``section
414, when the standard for records inspection under paragraph
(1) or (2) of section 414(a) applies, subject to''.
SEC. 6102. REGISTRATION OF FOOD FACILITIES.
(a) Updating of Food Category Regulations; Biennial
Registration Renewal.--Section 415(a) (21 U.S.C. 350d(a)) is
amended--
(1) in paragraph (2), by--
(A) striking ``conducts business and'' and
inserting ``conducts business, the e-mail
address for the contact person of the facility
or, in the case of a foreign facility, the
United States agent for the facility, and'';
and
(B) inserting ``, or any other food
categories as determined appropriate by the
Secretary, including by guidance'' after ``Code
of Federal Regulations'';
(2) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Biennial registration renewal.--During the
period beginning on October 1 and ending on December 31
of each even-numbered year, a registrant that has
submitted a registration under paragraph (1) shall
submit to the Secretary a renewal registration
containing the information described in paragraph (2).
The Secretary shall provide for an abbreviated
registration renewal process for any registrant that
has not had any changes to such information since the
registrant submitted the preceding registration or
registration renewal for the facility involved.''.
(b) Suspension of Registration.--
(1) In general.--Section 415 (21 U.S.C. 350d) is
amended--
(A) in subsection (a)(2), by inserting after
the first sentence the following: ``The
registration shall contain an assurance that
the Secretary will be permitted to inspect such
facility at the times and in the manner
permitted by this Act.'';
(B) by redesignating subsections (b) and (c)
as subsections (c) and (d), respectively; and
(C) by inserting after subsection (a) the
following:
``(b) Suspension of Registration.--
``(1) In general.--If the Secretary determines that
food manufactured, processed, packed, received, or held
by a facility registered under this section has a
reasonable probability of causing serious adverse
health consequences or death to humans or animals, the
Secretary may by order suspend the registration of a
facility--
``(A) that created, caused, or was otherwise
responsible for such reasonable probability; or
``(B)(i) that knew of, or had reason to know
of, such reasonable probability; and
``(ii) packed, received, or held such food.
``(2) Hearing on suspension.--The Secretary shall
provide the registrant subject to an order under
paragraph (1) with an opportunity for an informal
hearing, to be held as soon as possible but not later
than 2 business days after the issuance of the order or
such other time period, as agreed upon by the Secretary
and the registrant, on the actions required for
reinstatement of registration and why the registration
that is subject to suspension should be reinstated. The
Secretary shall reinstate a registration if the
Secretary determines, based on evidence presented, that
adequate grounds do not exist to continue the
suspension of the registration.
``(3) Post-hearing corrective action plan; vacating
of order.--
``(A) Corrective action plan.--If, after
providing opportunity for an informal hearing
under paragraph (2), the Secretary determines
that the suspension of registration remains
necessary, the Secretary shall require the
registrant to submit a corrective action plan
to demonstrate how the registrant plans to
correct the conditions found by the Secretary.
The Secretary shall review such plan not later
than 14 days after the submission of the
corrective action plan or such other time
period as determined by the Secretary.
``(B) Vacating of order.--Upon a
determination by the Secretary that adequate
grounds do not exist to continue the suspension
actions required by the order, or that such
actions should be modified, the Secretary shall
promptly vacate the order and reinstate the
registration of the facility subject to the
order or modify the order, as appropriate.
``(4) Effect of suspension.--If the registration of a
facility is suspended under this subsection, no person
shall import or export food into the United States from
such facility, offer to import or export food into the
United States from such facility, or otherwise
introduce food from such facility into interstate or
intrastate commerce in the United States.
``(5) Regulations.--
``(A) In general.--The Secretary shall
promulgate regulations to implement this
subsection. The Secretary may promulgate such
regulations on an interim final basis.
``(B) Registration requirement.--The
Secretary may require that registration under
this section be submitted in an electronic
format. Such requirement may not take effect
before the date that is 5 years after the date
of enactment of the FDA Food Safety
Modernization Act.
``(6) Application date.--Facilities shall be subject
to the requirements of this subsection beginning on the
earlier of--
``(A) the date on which the Secretary issues
regulations under paragraph (5); or
``(B) 180 days after the date of enactment of
the FDA Food Safety Modernization Act.
``(7) No delegation.--The authority conferred by this
subsection to issue an order to suspend a registration
or vacate an order of suspension shall not be delegated
to any officer or employee other than the
Commissioner.''.
(2) Small entity compliance policy guide.--Not later
than 180 days after the issuance of the regulations
promulgated under section 415(b)(5) of the Federal
Food, Drug, and Cosmetic Act (as added by this
section), the Secretary shall issue a small entity
compliance policy guide setting forth in plain language
the requirements of such regulations to assist small
entities in complying with registration requirements
and other activities required under such section.
(3) Imported food.--Section 801(l) (21 U.S.C. 381(l))
is amended by inserting ``(or for which a registration
has been suspended under such section)'' after
``section 415''.
(c) Clarification of Intent.--
(1) Retail food establishment.--The Secretary shall
amend the definition of the term ``retail food
establishment'' in section 1.227(b)(11) of title 21,
Code of Federal Regulations to clarify that, in
determining the primary function of an establishment or
a retail food establishment under such section, the
sale of food products directly to consumers by such
establishment and the sale of food directly to
consumers by such retail food establishment include--
(A) the sale of such food products or food
directly to consumers by such establishment at
a roadside stand or farmers' market where such
stand or market is located other than where the
food was manufactured or processed;
(B) the sale and distribution of such food
through a community supported agriculture
program; and
(C) the sale and distribution of such food at
any other such direct sales platform as
determined by the Secretary.
(2) Definitions.--For purposes of paragraph (1)--
(A) the term ``community supported
agriculture program'' has the same meaning
given the term ``community supported
agriculture (CSA) program'' in section 249.2 of
title 7, Code of Federal Regulations (or any
successor regulation); and
(B) the term ``consumer'' does not include a
business.
(d) Conforming Amendments.--
(1) Section 301(d) (21 U.S.C. 331(d)) is amended by
inserting ``415,'' after ``404,''.
(2) Section 415(d), as redesignated by subsection
(b), is amended by adding at the end before the period
``for a facility to be registered, except with respect
to the reinstatement of a registration that is
suspended under subsection (b)''.
SEC. 6103. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS.
(a) In General.--Chapter IV (21 U.S.C. 341 et seq.) is
amended by adding at the end the following:
``SEC. 418. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS.
``(a) In General.--The owner, operator, or agent in charge of
a facility shall, in accordance with this section, evaluate the
hazards that could affect food manufactured, processed, packed,
or held by such facility, identify and implement preventive
controls to significantly minimize or prevent the occurrence of
such hazards and provide assurances that such food is not
adulterated under section 402 or misbranded under section
403(w), monitor the performance of those controls, and maintain
records of this monitoring as a matter of routine practice.
``(b) Hazard Analysis.--The owner, operator, or agent in
charge of a facility shall--
``(1) identify and evaluate known or reasonably
foreseeable hazards that may be associated with the
facility, including--
``(A) biological, chemical, physical, and
radiological hazards, natural toxins,
pesticides, drug residues, decomposition,
parasites, allergens, and unapproved food and
color additives; and
``(B) hazards that occur naturally, or may be
unintentionally introduced; and
``(2) identify and evaluate hazards that may be
intentionally introduced, including by acts of
terrorism; and
``(3) develop a written analysis of the hazards.
``(c) Preventive Controls.--The owner, operator, or agent in
charge of a facility shall identify and implement preventive
controls, including at critical control points, if any, to
provide assurances that--
``(1) hazards identified in the hazard analysis
conducted under subsection (b)(1) will be significantly
minimized or prevented;
``(2) any hazards identified in the hazard analysis
conducted under subsection (b)(2) will be significantly
minimized or prevented and addressed, consistent with
section 420, as applicable; and
``(3) the food manufactured, processed, packed, or
held by such facility will not be adulterated under
section 402 or misbranded under section 403(w).
``(d) Monitoring of Effectiveness.--The owner, operator, or
agent in charge of a facility shall monitor the effectiveness
of the preventive controls implemented under subsection (c) to
provide assurances that the outcomes described in subsection
(c) shall be achieved.
``(e) Corrective Actions.--The owner, operator, or agent in
charge of a facility shall establish procedures to ensure that,
if the preventive controls implemented under subsection (c) are
not properly implemented or are found to be ineffective--
``(1) appropriate action is taken to reduce the
likelihood of recurrence of the implementation failure;
``(2) all affected food is evaluated for safety; and
``(3) all affected food is prevented from entering
into commerce if the owner, operator, or agent in
charge of such facility cannot ensure that the affected
food is not adulterated under section 402 or misbranded
under section 403(w).
``(f) Verification.--The owner, operator, or agent in charge
of a facility shall verify that--
``(1) the preventive controls implemented under
subsection (c) are adequate to control the hazards
identified under subsection (b);
``(2) the owner, operator, or agent is conducting
monitoring in accordance with subsection (d);
``(3) the owner, operator, or agent is making
appropriate decisions about corrective actions taken
under subsection (e);
``(4) the preventive controls implemented under
subsection (c) are effectively and significantly
minimizing or preventing the occurrence of identified
hazards, including through the use of environmental and
product testing programs and other appropriate means;
and
``(5) there is documented, periodic reanalysis of the
plan under subsection (i) to ensure that the plan is
still relevant to the raw materials, conditions, and
processes in the facility, and new and emerging
threats.
``(g) Recordkeeping.--The owner, operator, or agent in charge
of a facility shall maintain, for not less than 2 years,
records documenting the monitoring of the preventive controls
implemented under subsection (c), instances of nonconformance
material to food safety, the results of testing and other
appropriate means of verification under subsection (f)(4),
instances when corrective actions were implemented, and the
efficacy of preventive controls and corrective actions.
``(h) Written Plan and Documentation.--The owner, operator,
or agent in charge of a facility shall prepare a written plan
that documents and describes the procedures used by the
facility to comply with the requirements of this section,
including analyzing the hazards under subsection (b) and
identifying the preventive controls adopted under subsection
(c) to address those hazards. Such written plan, together with
the documentation described in subsection (g), shall be made
promptly available to a duly authorized representative of the
Secretary upon oral or written request.
``(i) Requirement To Reanalyze.--The owner, operator, or
agent in charge of a facility shall conduct a reanalysis under
subsection (b) whenever a significant change is made in the
activities conducted at a facility operated by such owner,
operator, or agent if the change creates a reasonable potential
for a new hazard or a significant increase in a previously
identified hazard or not less frequently than once every 3
years, whichever is earlier. Such reanalysis shall be completed
and additional preventive controls needed to address the hazard
identified, if any, shall be implemented before the change in
activities at the facility is operative. Such owner, operator,
or agent shall revise the written plan required under
subsection (h) if such a significant change is made or document
the basis for the conclusion that no additional or revised
preventive controls are needed. The Secretary may require a
reanalysis under this section to respond to new hazards and
developments in scientific understanding, including, as
appropriate, results from the Department of Homeland Security
biological, chemical, radiological, or other terrorism risk
assessment.
``(j) Exemption for Seafood, Juice, and Low-acid Canned Food
Facilities Subject to HACCP.--
``(1) In general.--This section shall not apply to a
facility if the owner, operator, or agent in charge of
such facility is required to comply with, and is in
compliance with, 1 of the following standards and
regulations with respect to such facility:
``(A) The Seafood Hazard Analysis Critical
Control Points Program of the Food and Drug
Administration.
``(B) The Juice Hazard Analysis Critical
Control Points Program of the Food and Drug
Administration.
``(C) The Thermally Processed Low-Acid Foods
Packaged in Hermetically Sealed Containers
standards of the Food and Drug Administration
(or any successor standards).
``(2) Applicability.--The exemption under paragraph
(1)(C) shall apply only with respect to microbiological
hazards that are regulated under the standards for
Thermally Processed Low-Acid Foods Packaged in
Hermetically Sealed Containers under part 113 of
chapter 21, Code of Federal Regulations (or any
successor regulations).
``(k) Exception for Activities of Facilities Subject to
Section 419.--This section shall not apply to activities of a
facility that are subject to section 419.
``(l) Modified Requirements for Qualified Facilities.--
``(1) Qualified facilities.--
``(A) In general.--A facility is a qualified
facility for purposes of this subsection if the
facility meets the conditions under
subparagraph (B) or (C).
``(B) Very small business.--A facility is a
qualified facility under this subparagraph--
``(i) if the facility, including any
subsidiary or affiliate of the
facility, is, collectively, a very
small business (as defined in the
regulations promulgated under
subsection (n)); and
``(ii) in the case where the facility
is a subsidiary or affiliate of an
entity, if such subsidiaries or
affiliates, are, collectively, a very
small business (as so defined).
``(C) Limited annual monetary value of
sales.--
``(i) In general.--A facility is a
qualified facility under this
subparagraph if clause (ii) applies--
``(I) to the facility,
including any subsidiary or
affiliate of the facility,
collectively; and
``(II) to the subsidiaries or
affiliates, collectively, of
any entity of which the
facility is a subsidiary or
affiliate.
``(ii) Average annual monetary
value.--This clause applies if--
``(I) during the 3-year
period preceding the applicable
calendar year, the average
annual monetary value of the
food manufactured, processed,
packed, or held at such
facility (or the collective
average annual monetary value
of such food at any subsidiary
or affiliate, as described in
clause (i)) that is sold
directly to qualified end-users
during such period exceeded the
average annual monetary value
of the food manufactured,
processed, packed, or held at
such facility (or the
collective average annual
monetary value of such food at
any subsidiary or affiliate, as
so described) sold by such
facility (or collectively by
any such subsidiary or
affiliate) to all other
purchasers during such period;
and
``(II) the average annual
monetary value of all food sold
by such facility (or the
collective average annual
monetary value of such food
sold by any subsidiary or
affiliate, as described in
clause (i)) during such period
was less than $500,000,
adjusted for inflation.
``(2) Exemption.--A qualified facility--
``(A) shall not be subject to the
requirements under subsections (a) through (i)
and subsection (n) in an applicable calendar
year; and
``(B) shall submit to the Secretary--
``(i)(I) documentation that
demonstrates that the owner, operator,
or agent in charge of the facility has
identified potential hazards associated
with the food being produced, is
implementing preventive controls to
address the hazards, and is monitoring
the preventive controls to ensure that
such controls are effective; or
``(II) documentation (which may
include licenses, inspection reports,
certificates, permits, credentials,
certification by an appropriate agency
(such as a State department of
agriculture), or other evidence of
oversight), as specified by the
Secretary, that the facility is in
compliance with State, local, county,
or other applicable non-Federal food
safety law; and
``(ii) documentation, as specified by
the Secretary in a guidance document
issued not later than 1 year after the
date of enactment of this section, that
the facility is a qualified facility
under paragraph (1)(B) or (1)(C).
``(3) Withdrawal; rule of construction.--
``(A) In general.--In the event of an active
investigation of a foodborne illness outbreak
that is directly linked to a qualified facility
subject to an exemption under this subsection,
or if the Secretary determines that it is
necessary to protect the public health and
prevent or mitigate a foodborne illness
outbreak based on conduct or conditions
associated with a qualified facility that are
material to the safety of the food
manufactured, processed, packed, or held at
such facility, the Secretary may withdraw the
exemption provided to such facility under this
subsection.
``(B) Rule of construction.--Nothing in this
subsection shall be construed to expand or
limit the inspection authority of the
Secretary.
``(4) Definitions.--In this subsection:
``(A) Affiliate.--The term `affiliate' means
any facility that controls, is controlled by,
or is under common control with another
facility.
``(B) Qualified end-user.--The term
`qualified end-user', with respect to a food,
means--
``(i) the consumer of the food; or
``(ii) a restaurant or retail food
establishment (as those terms are
defined by the Secretary for purposes
of section 415) that--
``(I) is located--
``(aa) in the same
State as the qualified
facility that sold the
food to such restaurant
or establishment; or
``(bb) not more than
275 miles from such
facility; and
``(II) is purchasing the food
for sale directly to consumers
at such restaurant or retail
food establishment.
``(C) Consumer.--For purposes of subparagraph
(B), the term `consumer' does not include a
business.
``(D) Subsidiary.--The term `subsidiary'
means any company which is owned or controlled
directly or indirectly by another company.
``(5) Study.--
``(A) In general.--The Secretary, in
consultation with the Secretary of Agriculture,
shall conduct a study of the food processing
sector regulated by the Secretary to
determine--
``(i) the distribution of food
production by type and size of
operation, including monetary value of
food sold;
``(ii) the proportion of food
produced by each type and size of
operation;
``(iii) the number and types of food
facilities co-located on farms,
including the number and proportion by
commodity and by manufacturing or
processing activity;
``(iv) the incidence of foodborne
illness originating from each size and
type of operation and the type of food
facilities for which no reported or
known hazard exists; and
``(v) the effect on foodborne illness
risk associated with commingling,
processing, transporting, and storing
food and raw agricultural commodities,
including differences in risk based on
the scale and duration of such
activities.
``(B) Size.--The results of the study
conducted under subparagraph (A) shall include
the information necessary to enable the
Secretary to define the terms `small business'
and `very small business', for purposes of
promulgating the regulation under subsection
(n). In defining such terms, the Secretary
shall include consideration of harvestable
acres, income, the number of employees, and the
volume of food harvested.
``(C) Submission of report.--Not later than
18 months after the date of enactment the FDA
Food Safety Modernization Act, the Secretary
shall submit to Congress a report that
describes the results of the study conducted
under subparagraph (A).
``(6) No preemption.--Nothing in this subsection
preempts State, local, county, or other non-Federal law
regarding the safe production of food. Compliance with
this subsection shall not relieve any person from
liability at common law or under State statutory law.
``(7) Notification to consumers.--
``(A) In general.--A qualified facility that
is exempt from the requirements under
subsections (a) through (i) and subsection (n)
and does not prepare documentation under
paragraph (2)(B)(i)(I) shall--
``(i) with respect to a food for
which a food packaging label is
required by the Secretary under any
other provision of this Act, include
prominently and conspicuously on such
label the name and business address of
the facility where the food was
manufactured or processed; or
``(ii) with respect to a food for
which a food packaging label is not
required by the Secretary under any
other provisions of this Act,
prominently and conspicuously display,
at the point of purchase, the name and
business address of the facility where
the food was manufactured or processed,
on a label, poster, sign, placard, or
documents delivered contemporaneously
with the food in the normal course of
business, or, in the case of Internet
sales, in an electronic notice.
``(B) No additional label.--Subparagraph (A)
does not provide authority to the Secretary to
require a label that is in addition to any
label required under any other provision of
this Act.
``(m) Authority With Respect to Certain Facilities.--The
Secretary may, by regulation, exempt or modify the requirements
for compliance under this section with respect to facilities
that are solely engaged in the production of food for animals
other than man, the storage of raw agricultural commodities
(other than fruits and vegetables) intended for further
distribution or processing, or the storage of packaged foods
that are not exposed to the environment.
``(n) Regulations.--
``(1) In general.--Not later than 18 months after the
date of enactment of the FDA Food Safety Modernization
Act, the Secretary shall promulgate regulations--
``(A) to establish science-based minimum
standards for conducting a hazard analysis,
documenting hazards, implementing preventive
controls, and documenting the implementation of
the preventive controls under this section; and
``(B) to define, for purposes of this
section, the terms `small business' and `very
small business', taking into consideration the
study described in subsection (l)(5).
``(2) Coordination.--In promulgating the regulations
under paragraph (1)(A), with regard to hazards that may
be intentionally introduced, including by acts of
terrorism, the Secretary shall coordinate with the
Secretary of Homeland Security, as appropriate.
``(3) Content.--The regulations promulgated under
paragraph (1)(A) shall--
``(A) provide sufficient flexibility to be
practicable for all sizes and types of
facilities, including small businesses such as
a small food processing facility co-located on
a farm;
``(B) comply with chapter 35 of title 44,
United States Code (commonly known as the
`Paperwork Reduction Act'), with special
attention to minimizing the burden (as defined
in section 3502(2) of such Act) on the
facility, and collection of information (as
defined in section 3502(3) of such Act),
associated with such regulations;
``(C) acknowledge differences in risk and
minimize, as appropriate, the number of
separate standards that apply to separate
foods; and
``(D) not require a facility to hire a
consultant or other third party to identify,
implement, certify, or audit preventative
controls, except in the case of negotiated
enforcement resolutions that may require such a
consultant or third party.
``(4) Rule of construction.--Nothing in this
subsection shall be construed to provide the Secretary
with the authority to prescribe specific technologies,
practices, or critical controls for an individual
facility.
``(5) Review.--In promulgating the regulations under
paragraph (1)(A), the Secretary shall review regulatory
hazard analysis and preventive control programs in
existence on the date of enactment of the FDA Food
Safety Modernization Act, including the Grade `A'
Pasteurized Milk Ordinance to ensure that such
regulations are consistent, to the extent practicable,
with applicable domestic and internationally recognized
standards in existence on such date.
``(o) Definitions.--For purposes of this section:
``(1) Critical control point.--The term `critical
control point' means a point, step, or procedure in a
food process at which control can be applied and is
essential to prevent or eliminate a food safety hazard
or reduce such hazard to an acceptable level.
``(2) Facility.--The term `facility' means a domestic
facility or a foreign facility that is required to
register under section 415.
``(3) Preventive controls.--The term `preventive
controls' means those risk-based, reasonably
appropriate procedures, practices, and processes that a
person knowledgeable about the safe manufacturing,
processing, packing, or holding of food would employ to
significantly minimize or prevent the hazards
identified under the hazard analysis conducted under
subsection (b) and that are consistent with the current
scientific understanding of safe food manufacturing,
processing, packing, or holding at the time of the
analysis. Those procedures, practices, and processes
may include the following:
``(A) Sanitation procedures for food contact
surfaces and utensils and food-contact surfaces
of equipment.
``(B) Supervisor, manager, and employee
hygiene training.
``(C) An environmental monitoring program to
verify the effectiveness of pathogen controls
in processes where a food is exposed to a
potential contaminant in the environment.
``(D) A food allergen control program.
``(E) A recall plan.
``(F) Current Good Manufacturing Practices
(cGMPs) under part 110 of title 21, Code of
Federal Regulations (or any successor
regulations).
``(G) Supplier verification activities that
relate to the safety of food.''.
(b) Guidance Document.--The Secretary shall issue a guidance
document related to the regulations promulgated under
subsection (b)(1) with respect to the hazard analysis and
preventive controls under section 418 of the Federal Food,
Drug, and Cosmetic Act (as added by subsection (a)).
(c) Rulemaking.--
(1) Proposed rulemaking.--
(A) In general.--Not later than 9 months
after the date of enactment of this Act, the
Secretary of Health and Human Services
(referred to in this subsection as the
``Secretary'') shall publish a notice of
proposed rulemaking in the Federal Register to
promulgate regulations with respect to--
(i) activities that constitute on-
farm packing or holding of food that is
not grown, raised, or consumed on such
farm or another farm under the same
ownership for purposes of section 415
of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 350d), as amended by
this Act; and
(ii) activities that constitute on-
farm manufacturing or processing of
food that is not consumed on that farm
or on another farm under common
ownership for purposes of such section
415.
(B) Clarification.--The rulemaking described
under subparagraph (A) shall enhance the
implementation of such section 415 and clarify
the activities that are included as part of the
definition of the term ``facility'' under such
section 415. Nothing in this Act authorizes the
Secretary to modify the definition of the term
``facility'' under such section.
(C) Science-based risk analysis.--In
promulgating regulations under subparagraph
(A), the Secretary shall conduct a science-
based risk analysis of--
(i) specific types of on-farm packing
or holding of food that is not grown,
raised, or consumed on such farm or
another farm under the same ownership,
as such packing and holding relates to
specific foods; and
(ii) specific on-farm manufacturing
and processing activities as such
activities relate to specific foods
that are not consumed on that farm or
on another farm under common ownership.
(D) Authority with respect to certain
facilities.--
(i) In general.--In promulgating the
regulations under subparagraph (A), the
Secretary shall consider the results of
the science-based risk analysis
conducted under subparagraph (C), and
shall exempt certain facilities from
the requirements in section 418 of the
Federal Food, Drug, and Cosmetic Act
(as added by this section), including
hazard analysis and preventive
controls, and the mandatory inspection
frequency in section 421 of such Act
(as added by section 6201), or modify
the requirements in such sections 418
or 421, as the Secretary determines
appropriate, if such facilities are
engaged only in specific types of on-
farm manufacturing, processing,
packing, or holding activities that the
Secretary determines to be low risk
involving specific foods the Secretary
determines to be low risk.
(ii) Limitation.--The exemptions or
modifications under clause (i) shall
not include an exemption from the
requirement to register under section
415 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350d), as
amended by this Act, if applicable, and
shall apply only to small businesses
and very small businesses, as defined
in the regulation promulgated under
section 418(n) of the Federal Food,
Drug, and Cosmetic Act (as added under
subsection (a)).
(2) Final regulations.--Not later than 9 months after
the close of the comment period for the proposed
rulemaking under paragraph (1), the Secretary shall
adopt final rules with respect to--
(A) activities that constitute on-farm
packing or holding of food that is not grown,
raised, or consumed on such farm or another
farm under the same ownership for purposes of
section 415 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350d), as amended by
this Act;
(B) activities that constitute on-farm
manufacturing or processing of food that is not
consumed on that farm or on another farm under
common ownership for purposes of such section
415; and
(C) the requirements under sections 418 and
421 of the Federal Food, Drug, and Cosmetic
Act, as added by this Act, from which the
Secretary may issue exemptions or modifications
of the requirements for certain types of
facilities.
(d) Small Entity Compliance Policy Guide.--Not later than 180
days after the issuance of the regulations promulgated under
subsection (n) of section 418 of the Federal Food, Drug, and
Cosmetic Act (as added by subsection (a)), the Secretary shall
issue a small entity compliance policy guide setting forth in
plain language the requirements of such section 418 and this
section to assist small entities in complying with the hazard
analysis and other activities required under such section 418
and this section.
(e) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended
by adding at the end the following:
``(uu) The operation of a facility that manufactures,
processes, packs, or holds food for sale in the United States
if the owner, operator, or agent in charge of such facility is
not in compliance with section 418.''.
(f) No Effect on HACCP Authorities.--Nothing in the
amendments made by this section limits the authority of the
Secretary under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) or the Public Health Service Act (42 U.S.C.
201 et seq.) to revise, issue, or enforce Hazard Analysis
Critical Control programs and the Thermally Processed Low-Acid
Foods Packaged in Hermetically Sealed Containers standards.
(g) Dietary Supplements.--Nothing in the amendments made by
this section shall apply to any facility with regard to the
manufacturing, processing, packing, or holding of a dietary
supplement that is in compliance with the requirements of
sections 402(g)(2) and 761 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342(g)(2), 379aa-1).
(h) Updating Guidance Relating to Fish and Fisheries Products
Hazards and Controls.--The Secretary shall, not later than 180
days after the date of enactment of this Act, update the Fish
and Fisheries Products Hazards and Control Guidance to take
into account advances in technology that have occurred since
the previous publication of such Guidance by the Secretary.
(i) Effective Dates.--
(1) General rule.--The amendments made by this
section shall take effect 18 months after the date of
enactment of this Act.
(2) Flexibility for small businesses.--
Notwithstanding paragraph (1)--
(A) the amendments made by this section shall
apply to a small business (as defined in the
regulations promulgated under section 418(n) of
the Federal Food, Drug, and Cosmetic Act (as
added by this section)) beginning on the date
that is 6 months after the effective date of
such regulations; and
(B) the amendments made by this section shall
apply to a very small business (as defined in
such regulations) beginning on the date that is
18 months after the effective date of such
regulations.
SEC. 6104. PERFORMANCE STANDARDS.
(a) In General.--The Secretary shall, in coordination with
the Secretary of Agriculture, not less frequently than every 2
years, review and evaluate relevant health data and other
relevant information, including from toxicological and
epidemiological studies and analyses, current Good
Manufacturing Practices issued by the Secretary relating to
food, and relevant recommendations of relevant advisory
committees, including the Food Advisory Committee, to determine
the most significant foodborne contaminants.
(b) Guidance Documents and Regulations.--Based on the review
and evaluation conducted under subsection (a), and when
appropriate to reduce the risk of serious illness or death to
humans or animals or to prevent adulteration of the food under
section 402 of the Federal Food, Drug, or Cosmetic Act (21
U.S.C. 342) or to prevent the spread by food of communicable
disease under section 361 of the Public Health Service Act (42
U.S.C. 264), the Secretary shall issue contaminant-specific and
science-based guidance documents, including guidance documents
regarding action levels, or regulations. Such guidance,
including guidance regarding action levels, or regulations--
(1) shall apply to products or product classes;
(2) shall, where appropriate, differentiate between
food for human consumption and food intended for
consumption by animals other than humans; and
(3) shall not be written to be facility-specific.
(c) No Duplication of Efforts.--The Secretary shall
coordinate with the Secretary of Agriculture to avoid issuing
duplicative guidance on the same contaminants.
(d) Review.--The Secretary shall periodically review and
revise, as appropriate, the guidance documents, including
guidance documents regarding action levels, or regulations
promulgated under this section.
SEC. 6105. STANDARDS FOR PRODUCE SAFETY.
(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6103, is amended by adding at the end the
following:
``SEC. 419. STANDARDS FOR PRODUCE SAFETY.
``(a) Proposed Rulemaking.--
``(1) In general.--
``(A) Rulemaking.--Not later than 1 year
after the date of enactment of the FDA Food
Safety Modernization Act, the Secretary, in
coordination with the Secretary of Agriculture
and representatives of State departments of
agriculture (including with regard to the
national organic program established under the
Organic Foods Production Act of 1990), and in
consultation with the Secretary of Homeland
Security, shall publish a notice of proposed
rulemaking to establish science-based minimum
standards for the safe production and
harvesting of those types of fruits and
vegetables, including specific mixes or
categories of fruits and vegetables, that are
raw agricultural commodities for which the
Secretary has determined that such standards
minimize the risk of serious adverse health
consequences or death.
``(B) Determination by secretary.--With
respect to small businesses and very small
businesses (as such terms are defined in the
regulation promulgated under subparagraph (A))
that produce and harvest those types of fruits
and vegetables that are raw agricultural
commodities that the Secretary has determined
are low risk and do not present a risk of
serious adverse health consequences or death,
the Secretary may determine not to include
production and harvesting of such fruits and
vegetables in such rulemaking, or may modify
the applicable requirements of regulations
promulgated pursuant to this section.
``(2) Public input.--During the comment period on the
notice of proposed rulemaking under paragraph (1), the
Secretary shall conduct not less than 3 public meetings
in diverse geographical areas of the United States to
provide persons in different regions an opportunity to
comment.
``(3) Content.--The proposed rulemaking under
paragraph (1) shall--
``(A) provide sufficient flexibility to be
applicable to various types of entities engaged
in the production and harvesting of fruits and
vegetables that are raw agricultural
commodities, including small businesses and
entities that sell directly to consumers, and
be appropriate to the scale and diversity of
the production and harvesting of such
commodities;
``(B) include, with respect to growing,
harvesting, sorting, packing, and storage
operations, science-based minimum standards
related to soil amendments, hygiene, packaging,
temperature controls, animals in the growing
area, and water;
``(C) consider hazards that occur naturally,
may be unintentionally introduced, or may be
intentionally introduced, including by acts of
terrorism;
``(D) take into consideration, consistent
with ensuring enforceable public health
protection, conservation and environmental
practice standards and policies established by
Federal natural resource conservation, wildlife
conservation, and environmental agencies;
``(E) in the case of production that is
certified organic, not include any requirements
that conflict with or duplicate the
requirements of the national organic program
established under the Organic Foods Production
Act of 1990, while providing the same level of
public health protection as the requirements
under guidance documents, including guidance
documents regarding action levels, and
regulations under the FDA Food Safety
Modernization Act; and
``(F) define, for purposes of this section,
the terms `small business' and `very small
business'.
``(4) Prioritization.--The Secretary shall prioritize
the implementation of the regulations under this
section for specific fruits and vegetables that are raw
agricultural commodities based on known risks which may
include a history and severity of foodborne illness
outbreaks.
``(b) Final Regulation.--
``(1) In general.--Not later than 1 year after the
close of the comment period for the proposed rulemaking
under subsection (a), the Secretary shall adopt a final
regulation to provide for minimum science-based
standards for those types of fruits and vegetables,
including specific mixes or categories of fruits or
vegetables, that are raw agricultural commodities,
based on known safety risks, which may include a
history of foodborne illness outbreaks.
``(2) Final regulation.--The final regulation shall--
``(A) provide for coordination of education
and enforcement activities by State and local
officials, as designated by the Governors of
the respective States or the appropriate
elected State official as recognized by State
statute; and
``(B) include a description of the variance
process under subsection (c) and the types of
permissible variances the Secretary may grant.
``(3) Flexibility for small businesses.--
Notwithstanding paragraph (1)--
``(A) the regulations promulgated under this
section shall apply to a small business (as
defined in the regulation promulgated under
subsection (a)(1)) after the date that is 1
year after the effective date of the final
regulation under paragraph (1); and
``(B) the regulations promulgated under this
section shall apply to a very small business
(as defined in the regulation promulgated under
subsection (a)(1)) after the date that is 2
years after the effective date of the final
regulation under paragraph (1).
``(c) Criteria.--
``(1) In general.--The regulations adopted under
subsection (b) shall--
``(A) set forth those procedures, processes,
and practices that the Secretary determines to
minimize the risk of serious adverse health
consequences or death, including procedures,
processes, and practices that the Secretary
determines to be reasonably necessary to
prevent the introduction of known or reasonably
foreseeable biological, chemical, and physical
hazards, including hazards that occur
naturally, may be unintentionally introduced,
or may be intentionally introduced, including
by acts of terrorism, into fruits and
vegetables, including specific mixes or
categories of fruits and vegetables, that are
raw agricultural commodities and to provide
reasonable assurances that the produce is not
adulterated under section 402;
``(B) provide sufficient flexibility to be
practicable for all sizes and types of
businesses, including small businesses such as
a small food processing facility co-located on
a farm;
``(C) comply with chapter 35 of title 44,
United States Code (commonly known as the
`Paperwork Reduction Act'), with special
attention to minimizing the burden (as defined
in section 3502(2) of such Act) on the
business, and collection of information (as
defined in section 3502(3) of such Act),
associated with such regulations;
``(D) acknowledge differences in risk and
minimize, as appropriate, the number of
separate standards that apply to separate
foods; and
``(E) not require a business to hire a
consultant or other third party to identify,
implement, or certify compliance with these
procedures, processes, and practices, except in
the case of negotiated enforcement resolutions
that may require such a consultant or third
party; and
``(F) permit States and foreign countries
from which food is imported into the United
States to request from the Secretary variances
from the requirements of the regulations,
subject to paragraph (2), where the State or
foreign country determines that the variance is
necessary in light of local growing conditions
and that the procedures, processes, and
practices to be followed under the variance are
reasonably likely to ensure that the produce is
not adulterated under section 402 and to
provide the same level of public health
protection as the requirements of the
regulations adopted under subsection (b).
``(2) Variances.--
``(A) Requests for variances.--A State or
foreign country from which food is imported
into the United States may in writing request a
variance from the Secretary. Such request shall
describe the variance requested and present
information demonstrating that the variance
does not increase the likelihood that the food
for which the variance is requested will be
adulterated under section 402, and that the
variance provides the same level of public
health protection as the requirements of the
regulations adopted under subsection (b). The
Secretary shall review such requests in a
reasonable timeframe.
``(B) Approval of variances.--The Secretary
may approve a variance in whole or in part, as
appropriate, and may specify the scope of
applicability of a variance to other similarly
situated persons.
``(C) Denial of variances.--The Secretary may
deny a variance request if the Secretary
determines that such variance is not reasonably
likely to ensure that the food is not
adulterated under section 402 and is not
reasonably likely to provide the same level of
public health protection as the requirements of
the regulation adopted under subsection (b).
The Secretary shall notify the person
requesting such variance of the reasons for the
denial.
``(D) Modification or revocation of a
variance.--The Secretary, after notice and an
opportunity for a hearing, may modify or revoke
a variance if the Secretary determines that
such variance is not reasonably likely to
ensure that the food is not adulterated under
section 402 and is not reasonably likely to
provide the same level of public health
protection as the requirements of the
regulations adopted under subsection (b).
``(d) Enforcement.--The Secretary may coordinate with the
Secretary of Agriculture and, as appropriate, shall contract
and coordinate with the agency or department designated by the
Governor of each State to perform activities to ensure
compliance with this section.
``(e) Guidance.--
``(1) In general.--Not later than 1 year after the
date of enactment of the FDA Food Safety Modernization
Act, the Secretary shall publish, after consultation
with the Secretary of Agriculture, representatives of
State departments of agriculture, farmer
representatives, and various types of entities engaged
in the production and harvesting or importing of fruits
and vegetables that are raw agricultural commodities,
including small businesses, updated good agricultural
practices and guidance for the safe production and
harvesting of specific types of fresh produce under
this section.
``(2) Public meetings.--The Secretary shall conduct
not fewer than 3 public meetings in diverse
geographical areas of the United States as part of an
effort to conduct education and outreach regarding the
guidance described in paragraph (1) for persons in
different regions who are involved in the production
and harvesting of fruits and vegetables that are raw
agricultural commodities, including persons that sell
directly to consumers and farmer representatives, and
for importers of fruits and vegetables that are raw
agricultural commodities.
``(3) Paperwork reduction.--The Secretary shall
ensure that any updated guidance under this section
will--
``(A) provide sufficient flexibility to be
practicable for all sizes and types of
facilities, including small businesses such as
a small food processing facility co-located on
a farm; and
``(B) acknowledge differences in risk and
minimize, as appropriate, the number of
separate standards that apply to separate
foods.
``(f) Exemption for Direct Farm Marketing.--
``(1) In general.--A farm shall be exempt from the
requirements under this section in a calendar year if--
``(A) during the previous 3-year period, the
average annual monetary value of the food sold
by such farm directly to qualified end-users
during such period exceeded the average annual
monetary value of the food sold by such farm to
all other buyers during such period; and
``(B) the average annual monetary value of
all food sold during such period was less than
$500,000, adjusted for inflation.
``(2) Notification to consumers.--
``(A) In general.--A farm that is exempt from
the requirements under this section shall--
``(i) with respect to a food for
which a food packaging label is
required by the Secretary under any
other provision of this Act, include
prominently and conspicuously on such
label the name and business address of
the farm where the produce was grown;
or
``(ii) with respect to a food for
which a food packaging label is not
required by the Secretary under any
other provision of this Act,
prominently and conspicuously display,
at the point of purchase, the name and
business address of the farm where the
produce was grown, on a label, poster,
sign, placard, or document delivered
contemporaneously with the food in the
normal course of business, or, in the
case of Internet sales, in an
electronic notice.
``(B) No additional label.--Subparagraph (A)
does not provide authority to the Secretary to
require a label that is in addition to any
label required under any other provision of
this Act.
``(3) Withdrawal; rule of construction.--
``(A) In general.--In the event of an active
investigation of a foodborne illness outbreak
that is directly linked to a farm subject to an
exemption under this subsection, or if the
Secretary determines that it is necessary to
protect the public health and prevent or
mitigate a foodborne illness outbreak based on
conduct or conditions associated with a farm
that are material to the safety of the food
produced or harvested at such farm, the
Secretary may withdraw the exemption provided
to such farm under this subsection.
``(B) Rule of construction.--Nothing in this
subsection shall be construed to expand or
limit the inspection authority of the
Secretary.
``(4) Definitions.--
``(A) Qualified end-user.--In this
subsection, the term `qualified end-user', with
respect to a food means--
``(i) the consumer of the food; or
``(ii) a restaurant or retail food
establishment (as those terms are
defined by the Secretary for purposes
of section 415) that is located--
``(I) in the same State as
the farm that produced the
food; or
``(II) not more than 275
miles from such farm.
``(B) Consumer.--For purposes of subparagraph
(A), the term `consumer' does not include a
business.
``(5) No preemption.--Nothing in this subsection
preempts State, local, county, or other non-Federal law
regarding the safe production, harvesting, holding,
transportation, and sale of fresh fruits and
vegetables. Compliance with this subsection shall not
relieve any person from liability at common law or
under State statutory law.
``(6) Limitation of effect.--Nothing in this
subsection shall prevent the Secretary from exercising
any authority granted in the other sections of this
Act.
``(g) Clarification.--This section shall not apply to produce
that is produced by an individual for personal consumption.
``(h) Exception for Activities of Facilities Subject to
Section 418.--This section shall not apply to activities of a
facility that are subject to section 418.''.
(b) Small Entity Compliance Policy Guide.--Not later than 180
days after the issuance of regulations under section 419 of the
Federal Food, Drug, and Cosmetic Act (as added by subsection
(a)), the Secretary of Health and Human Services shall issue a
small entity compliance policy guide setting forth in plain
language the requirements of such section 419 and to assist
small entities in complying with standards for safe production
and harvesting and other activities required under such
section.
(c) Prohibited Acts.--Section 301 (21 U.S.C. 331), as amended
by section 6103, is amended by adding at the end the following:
``(vv) The failure to comply with the requirements under
section 419.''.
(d) No Effect on HACCP Authorities.--Nothing in the
amendments made by this section limits the authority of the
Secretary under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) or the Public Health Service Act (42 U.S.C.
201 et seq.) to revise, issue, or enforce product and category-
specific regulations, such as the Seafood Hazard Analysis
Critical Controls Points Program, the Juice Hazard Analysis
Critical Control Program, and the Thermally Processed Low-Acid
Foods Packaged in Hermetically Sealed Containers standards.
SEC. 6106. PROTECTION AGAINST INTENTIONAL ADULTERATION.
(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6105, is amended by adding at the end the
following:
``SEC. 420. PROTECTION AGAINST INTENTIONAL ADULTERATION.
``(a) Determinations.--
``(1) In general.--The Secretary shall--
``(A) conduct a vulnerability assessment of
the food system, including by consideration of
the Department of Homeland Security biological,
chemical, radiological, or other terrorism risk
assessments;
``(B) consider the best available
understanding of uncertainties, risks, costs,
and benefits associated with guarding against
intentional adulteration of food at vulnerable
points; and
``(C) determine the types of science-based
mitigation strategies or measures that are
necessary to protect against the intentional
adulteration of food.
``(2) Limited distribution.--In the interest of
national security, the Secretary, in consultation with
the Secretary of Homeland Security, may determine the
time, manner, and form in which determinations made
under paragraph (1) are made publicly available.
``(b) Regulations.--Not later than 18 months after the date
of enactment of the FDA Food Safety Modernization Act, the
Secretary, in coordination with the Secretary of Homeland
Security and in consultation with the Secretary of Agriculture,
shall promulgate regulations to protect against the intentional
adulteration of food subject to this Act. Such regulations
shall--
``(1) specify how a person shall assess whether the
person is required to implement mitigation strategies
or measures intended to protect against the intentional
adulteration of food; and
``(2) specify appropriate science-based mitigation
strategies or measures to prepare and protect the food
supply chain at specific vulnerable points, as
appropriate.
``(c) Applicability.--Regulations promulgated under
subsection (b) shall apply only to food for which there is a
high risk of intentional contamination, as determined by the
Secretary, in consultation with the Secretary of Homeland
Security, under subsection (a), that could cause serious
adverse health consequences or death to humans or animals and
shall include those foods--
``(1) for which the Secretary has identified clear
vulnerabilities (including short shelf-life or
susceptibility to intentional contamination at critical
control points); and
``(2) in bulk or batch form, prior to being packaged
for the final consumer.
``(d) Exception.--This section shall not apply to farms,
except for those that produce milk.
``(e) Definition.--For purposes of this section, the term
`farm' has the meaning given that term in section 1.227 of
title 21, Code of Federal Regulations (or any successor
regulation).''.
(b) Guidance Documents.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Health and
Human Services, in consultation with the Secretary of
Homeland Security and the Secretary of Agriculture,
shall issue guidance documents related to protection
against the intentional adulteration of food, including
mitigation strategies or measures to guard against such
adulteration as required under section 420 of the
Federal Food, Drug, and Cosmetic Act, as added by
subsection (a).
(2) Content.--The guidance documents issued under
paragraph (1) shall--
(A) include a model assessment for a person
to use under subsection (b)(1) of section 420
of the Federal Food, Drug, and Cosmetic Act, as
added by subsection (a);
(B) include examples of mitigation strategies
or measures described in subsection (b)(2) of
such section; and
(C) specify situations in which the examples
of mitigation strategies or measures described
in subsection (b)(2) of such section are
appropriate.
(3) Limited distribution.--In the interest of
national security, the Secretary of Health and Human
Services, in consultation with the Secretary of
Homeland Security, may determine the time, manner, and
form in which the guidance documents issued under
paragraph (1) are made public, including by releasing
such documents to targeted audiences.
(c) Periodic Review.--The Secretary of Health and Human
Services shall periodically review and, as appropriate, update
the regulations under section 420(b) of the Federal Food, Drug,
and Cosmetic Act, as added by subsection (a), and the guidance
documents under subsection (b).
(d) Prohibited Acts.--Section 301 (21 U.S.C. 331 et seq.), as
amended by section 6105, is amended by adding at the end the
following:
``(ww) The failure to comply with section 420.''.
SEC. 6107. AUTHORITY TO COLLECT FEES.
(a) Fees for Reinspection, Recall, and Importation
Activities.--Subchapter C of chapter VII (21 U.S.C. 379f et
seq.) is amended by adding at the end the following:
``PART 6--FEES RELATED TO FOOD
``SEC. 743. AUTHORITY TO COLLECT AND USE FEES.
``(a) In General.--
``(1) Purpose and authority.--For fiscal year 2010
and each subsequent fiscal year, the Secretary shall,
in accordance with this section, assess and collect
fees from--
``(A) the responsible party for each domestic
facility (as defined in section 415(b)) and the
United States agent for each foreign facility
subject to a reinspection in such fiscal year,
to cover reinspection-related costs for such
year;
``(B) the responsible party for a domestic
facility (as defined in section 415(b)) and an
importer who does not comply with a recall
order under section 423 or under section 412(f)
in such fiscal year, to cover food recall
activities associated with such order performed
by the Secretary, including technical
assistance, follow-up effectiveness checks, and
public notifications, for such year;
``(C) each importer participating in the
voluntary qualified importer program under
section 806 in such year, to cover the
administrative costs of such program for such
year; and
``(D) each importer subject to a reinspection
in such fiscal year, to cover reinspection-
related costs for such year.
``(2) Definitions.--For purposes of this section--
``(A) the term `reinspection' means--
``(i) with respect to domestic
facilities (as defined in section
415(b)), 1 or more inspections
conducted under section 704 subsequent
to an inspection conducted under such
provision which identified
noncompliance materially related to a
food safety requirement of this Act,
specifically to determine whether
compliance has been achieved to the
Secretary's satisfaction; and
``(ii) with respect to importers, 1
or more examinations conducted under
section 801 subsequent to an
examination conducted under such
provision which identified
noncompliance materially related to a
food safety requirement of this Act,
specifically to determine whether
compliance has been achieved to the
Secretary's satisfaction;
``(B) the term `reinspection-related costs'
means all expenses, including administrative
expenses, incurred in connection with--
``(i) arranging, conducting, and
evaluating the results of
reinspections; and
``(ii) assessing and collecting
reinspection fees under this section;
and
``(C) the term `responsible party' has the
meaning given such term in section 417(a)(1).
``(b) Establishment of Fees.--
``(1) In general.--Subject to subsections (c) and
(d), the Secretary shall establish the fees to be
collected under this section for each fiscal year
specified in subsection (a)(1), based on the
methodology described under paragraph (2), and shall
publish such fees in a Federal Register notice not
later than 60 days before the start of each such year.
``(2) Fee methodology.--
``(A) Fees.--Fees amounts established for
collection--
``(i) under subparagraph (A) of
subsection (a)(1) for a fiscal year
shall be based on the Secretary's
estimate of 100 percent of the costs of
the reinspection-related activities
(including by type or level of
reinspection activity, as the Secretary
determines applicable) described in
such subparagraph (A) for such year;
``(ii) under subparagraph (B) of
subsection (a)(1) for a fiscal year
shall be based on the Secretary's
estimate of 100 percent of the costs of
the activities described in such
subparagraph (B) for such year;
``(iii) under subparagraph (C) of
subsection (a)(1) for a fiscal year
shall be based on the Secretary's
estimate of 100 percent of the costs of
the activities described in such
subparagraph (C) for such year; and
``(iv) under subparagraph (D) of
subsection (a)(1) for a fiscal year
shall be based on the Secretary's
estimate of 100 percent of the costs of
the activities described in such
subparagraph (D) for such year.
``(B) Other considerations.--
``(i) Voluntary qualified importer
program.--In establishing the fee
amounts under subparagraph (A)(iii) for
a fiscal year, the Secretary shall
provide for the number of importers who
have submitted to the Secretary a
notice under section 806(c) informing
the Secretary of the intent of such
importer to participate in the program
under section 806 in such fiscal year.
``(ii) Crediting of fees.--In
establishing the fee amounts under
subparagraph (A) for a fiscal year, the
Secretary shall provide for the
crediting of fees from the previous
year to the next year if the Secretary
overestimated the amount of fees needed
to carry out such activities, and
consider the need to account for any
adjustment of fees and such other
factors as the Secretary determines
appropriate.
``(iii) Published guidelines.--Not
later than 180 days after the date of
enactment of the FDA Food Safety
Modernization Act, the Secretary shall
publish in the Federal Register a
proposed set of guidelines in
consideration of the burden of fee
amounts on small business. Such
consideration may include reduced fee
amounts for small businesses. The
Secretary shall provide for a period of
public comment on such guidelines. The
Secretary shall adjust the fee schedule
for small businesses subject to such
fees only through notice and comment
rulemaking.
``(3) Use of fees.--The Secretary shall make all of
the fees collected pursuant to clause (i), (ii), (iii),
and (iv) of paragraph (2)(A) available solely to pay
for the costs referred to in such clause (i), (ii),
(iii), and (iv) of paragraph (2)(A), respectively.
``(c) Limitations.--
``(1) In general.--Fees under subsection (a) shall be
refunded for a fiscal year beginning after fiscal year
2010 unless the amount of the total appropriations for
food safety activities at the Food and Drug
Administration for such fiscal year (excluding the
amount of fees appropriated for such fiscal year) is
equal to or greater than the amount of appropriations
for food safety activities at the Food and Drug
Administration for fiscal year 2009 (excluding the
amount of fees appropriated for such fiscal year),
multiplied by the adjustment factor under paragraph
(3).
``(2) Authority.--If--
``(A) the Secretary does not assess fees
under subsection (a) for a portion of a fiscal
year because paragraph (1) applies; and
``(B) at a later date in such fiscal year,
such paragraph (1) ceases to apply,
the Secretary may assess and collect such fees under
subsection (a), without any modification to the rate of
such fees, notwithstanding the provisions of subsection
(a) relating to the date fees are to be paid.
``(3) Adjustment factor.--
``(A) In general.--The adjustment factor
described in paragraph (1) shall be the total
percentage change that occurred in the Consumer
Price Index for all urban consumers (all items;
United States city average) for the 12-month
period ending June 30 preceding the fiscal
year, but in no case shall such adjustment
factor be negative.
``(B) Compounded basis.--The adjustment under
subparagraph (A) made each fiscal year shall be
added on a compounded basis to the sum of all
adjustments made each fiscal year after fiscal
year 2009.
``(4) Limitation on amount of certain fees.--
``(A) In general.--Notwithstanding any other
provision of this section and subject to
subparagraph (B), the Secretary may not collect
fees in a fiscal year such that the amount
collected--
``(i) under subparagraph (B) of
subsection (a)(1) exceeds $20,000,000;
and
``(ii) under subparagraphs (A) and
(D) of subsection (a)(1) exceeds
$25,000,000 combined.
``(B) Exception.--If a domestic facility (as
defined in section 415(b)) or an importer
becomes subject to a fee described in
subparagraph (A), (B), or (D) of subsection
(a)(1) after the maximum amount of fees has
been collected by the Secretary under
subparagraph (A), the Secretary may collect a
fee from such facility or importer.
``(d) Crediting and Availability of Fees.--Fees authorized
under subsection (a) shall be collected and available for
obligation only to the extent and in the amount provided in
appropriations Acts. Such fees are authorized to remain
available until expended. Such sums as may be necessary may be
transferred from the Food and Drug Administration salaries and
expenses account without fiscal year limitation to such
appropriation account for salaries and expenses with such
fiscal year limitation. The sums transferred shall be available
solely for the purpose of paying the operating expenses of the
Food and Drug Administration employees and contractors
performing activities associated with these food safety fees.
``(e) Collection of Fees.--
``(1) In general.--The Secretary shall specify in the
Federal Register notice described in subsection (b)(1)
the time and manner in which fees assessed under this
section shall be collected.
``(2) Collection of unpaid fees.--In any case where
the Secretary does not receive payment of a fee
assessed under this section within 30 days after it is
due, such fee shall be treated as a claim of the United
States Government subject to provisions of subchapter
II of chapter 37 of title 31, United States Code.
``(f) Annual Report to Congress.--Not later than 120 days
after each fiscal year for which fees are assessed under this
section, the Secretary shall submit a report to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives, to include a description of fees assessed and
collected for each such year and a summary description of the
entities paying such fees and the types of business in which
such entities engage.
``(g) Authorization of Appropriations.--For fiscal year 2010
and each fiscal year thereafter, there is authorized to be
appropriated for fees under this section an amount equal to the
total revenue amount determined under subsection (b) for the
fiscal year, as adjusted or otherwise affected under the other
provisions of this section.''.
(b) Export Certification Fees for Foods and Animal Feed.--
(1) Authority for export certifications for food,
including animal feed.--Section 801(e)(4)(A) (21 U.S.C.
381(e)(4)(A)) is amended--
(A) in the matter preceding clause (i), by
striking ``a drug'' and inserting ``a food,
drug'';
(B) in clause (i) by striking ``exported
drug'' and inserting ``exported food, drug'';
and
(C) in clause (ii) by striking ``the drug''
each place it appears and inserting ``the food,
drug''.
(2) Clarification of certification.--Section
801(e)(4) (21 U.S.C. 381(e)(4)) is amended by inserting
after subparagraph (B) the following new subparagraph:
``(C) For purposes of this paragraph, a certification by the
Secretary shall be made on such basis, and in such form
(including a publicly available listing) as the Secretary
determines appropriate.''.
(3) Limitations on use and amount of fees.--Paragraph
(4) of section 801(e) (21 U.S.C. 381(e)) is amended by
adding at the end the following:
``(D) With regard to fees pursuant to subparagraph (B) in
connection with written export certifications for food:
``(i) Such fees shall be collected and available
solely for the costs of the Food and Drug
Administration associated with issuing such
certifications.
``(ii) Such fees may not be retained in an amount
that exceeds such costs.''.
SEC. 6108. NATIONAL AGRICULTURE AND FOOD DEFENSE STRATEGY.
(a) Development and Submission of Strategy.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Health and
Human Services and the Secretary of Agriculture, in
coordination with the Secretary of Homeland Security,
shall prepare and transmit to the relevant committees
of Congress, and make publicly available on the
Internet Web sites of the Department of Health and
Human Services and the Department of Agriculture, the
National Agriculture and Food Defense Strategy.
(2) Implementation plan.--The strategy shall include
an implementation plan for use by the Secretaries
described under paragraph (1) in carrying out the
strategy.
(3) Research.--The strategy shall include a
coordinated research agenda for use by the Secretaries
described under paragraph (1) in conducting research to
support the goals and activities described in
paragraphs (1) and (2) of subsection (b).
(4) Revisions.--Not later than 4 years after the date
on which the strategy is submitted to the relevant
committees of Congress under paragraph (1), and not
less frequently than every 4 years thereafter, the
Secretary of Health and Human Services and the
Secretary of Agriculture, in coordination with the
Secretary of Homeland Security, shall revise and submit
to the relevant committees of Congress the strategy.
(5) Consistency with existing plans.--The strategy
described in paragraph (1) shall be consistent with--
(A) the National Incident Management System;
(B) the National Response Framework;
(C) the National Infrastructure Protection
Plan;
(D) the National Preparedness Goals; and
(E) other relevant national strategies.
(b) Components.--
(1) In general.--The strategy shall include a
description of the process to be used by the Department
of Health and Human Services, the Department of
Agriculture, and the Department of Homeland Security--
(A) to achieve each goal described in
paragraph (2); and
(B) to evaluate the progress made by Federal,
State, local, and tribal governments towards
the achievement of each goal described in
paragraph (2).
(2) Goals.--The strategy shall include a description
of the process to be used by the Department of Health
and Human Services, the Department of Agriculture, and
the Department of Homeland Security to achieve the
following goals:
(A) Preparedness goal.--Enhance the
preparedness of the agriculture and food system
by--
(i) conducting vulnerability
assessments of the agriculture and food
system;
(ii) mitigating vulnerabilities of
the system;
(iii) improving communication and
training relating to the system;
(iv) developing and conducting
exercises to test decontamination and
disposal plans;
(v) developing modeling tools to
improve event consequence assessment
and decision support; and
(vi) preparing risk communication
tools and enhancing public awareness
through outreach.
(B) Detection goal.--Improve agriculture and
food system detection capabilities by--
(i) identifying contamination in food
products at the earliest possible time;
and
(ii) conducting surveillance to
prevent the spread of diseases.
(C) Emergency response goal.--Ensure an
efficient response to agriculture and food
emergencies by--
(i) immediately investigating animal
disease outbreaks and suspected food
contamination;
(ii) preventing additional human
illnesses;
(iii) organizing, training, and
equipping animal, plant, and food
emergency response teams of--
(I) the Federal Government;
and
(II) State, local, and tribal
governments;
(iv) designing, developing, and
evaluating training and exercises
carried out under agriculture and food
defense plans; and
(v) ensuring consistent and organized
risk communication to the public by--
(I) the Federal Government;
(II) State, local, and tribal
governments; and
(III) the private sector.
(D) Recovery goal.--Secure agriculture and
food production after an agriculture or food
emergency by--
(i) working with the private sector
to develop business recovery plans to
rapidly resume agriculture, food
production, and international trade;
(ii) conducting exercises of the
plans described in subparagraph (C)
with the goal of long-term recovery
results;
(iii) rapidly removing, and
effectively disposing of--
(I) contaminated agriculture
and food products; and
(II) infected plants and
animals; and
(iv) decontaminating and restoring
areas affected by an agriculture or
food emergency.
(3) Evaluation.--The Secretary, in coordination with
the Secretary of Agriculture and the Secretary of
Homeland Security, shall--
(A) develop metrics to measure progress for
the evaluation process described in paragraph
(1)(B); and
(B) report on the progress measured in
subparagraph (A) as part of the National
Agriculture and Food Defense strategy described
in subsection (a)(1).
(c) Limited Distribution.--In the interest of national
security, the Secretary of Health and Human Services and the
Secretary of Agriculture, in coordination with the Secretary of
Homeland Security, may determine the manner and format in which
the National Agriculture and Food Defense strategy established
under this section is made publicly available on the Internet
Web sites of the Department of Health and Human Services, the
Department of Homeland Security, and the Department of
Agriculture, as described in subsection (a)(1).
SEC. 6109. FOOD AND AGRICULTURE COORDINATING COUNCILS.
The Secretary of Homeland Security, in coordination with the
Secretary of Health and Human Services and the Secretary of
Agriculture, shall within 180 days of enactment of this Act,
and annually thereafter, submit to the relevant committees of
Congress, and make publicly available on the Internet Web site
of the Department of Homeland Security, a report on the
activities of the Food and Agriculture Government Coordinating
Council and the Food and Agriculture Sector Coordinating
Council, including the progress of such Councils on--
(1) facilitating partnerships between public and
private entities to help coordinate and enhance the
protection of the agriculture and food system of the
United States;
(2) providing for the regular and timely interchange
of information between each council relating to the
security of the agriculture and food system (including
intelligence information);
(3) identifying best practices and methods for
improving the coordination among Federal, State, local,
and private sector preparedness and response plans for
agriculture and food defense; and
(4) recommending methods by which to protect the
economy and the public health of the United States from
the effects of--
(A) animal or plant disease outbreaks;
(B) food contamination; and
(C) natural disasters affecting agriculture
and food.
SEC. 6110. BUILDING DOMESTIC CAPACITY.
(a) In General.--
(1) Initial report.--The Secretary, in coordination
with the Secretary of Agriculture and the Secretary of
Homeland Security, shall, not later than 2 years after
the date of enactment of this Act, submit to Congress a
comprehensive report that identifies programs and
practices that are intended to promote the safety and
supply chain security of food and to prevent outbreaks
of foodborne illness and other food-related hazards
that can be addressed through preventive activities.
Such report shall include a description of the
following:
(A) Analysis of the need for further
regulations or guidance to industry.
(B) Outreach to food industry sectors,
including through the Food and Agriculture
Coordinating Councils referred to in section
6109, to identify potential sources of emerging
threats to the safety and security of the food
supply and preventive strategies to address
those threats.
(C) Systems to ensure the prompt distribution
to the food industry of information and
technical assistance concerning preventive
strategies.
(D) Communication systems to ensure that
information about specific threats to the
safety and security of the food supply are
rapidly and effectively disseminated.
(E) Surveillance systems and laboratory
networks to rapidly detect and respond to
foodborne illness outbreaks and other food-
related hazards, including how such systems and
networks are integrated.
(F) Outreach, education, and training
provided to States and local governments to
build State and local food safety and food
defense capabilities, including progress
implementing strategies developed under
sections 6108 and 6205.
(G) The estimated resources needed to
effectively implement the programs and
practices identified in the report developed in
this section over a 5-year period.
(H) The impact of requirements under this Act
(including amendments made by this Act) on
certified organic farms and facilities (as
defined in section 415 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350d)).
(I) Specific efforts taken pursuant to the
agreements authorized under section 421(c) of
the Federal Food, Drug, and Cosmetic Act (as
added by section 6201), together with, as
necessary, a description of any additional
authorities necessary to improve seafood
safety.
(2) Biennial reports.--On a biennial basis following
the submission of the report under paragraph (1), the
Secretary shall submit to Congress a report that--
(A) reviews previous food safety programs and
practices;
(B) outlines the success of those programs
and practices;
(C) identifies future programs and practices;
and
(D) includes information related to any
matter described in subparagraphs (A) through
(H) of paragraph (1), as necessary.
(b) Risk-based Activities.--The report developed under
subsection (a)(1) shall describe methods that seek to ensure
that resources available to the Secretary for food safety-
related activities are directed at those actions most likely to
reduce risks from food, including the use of preventive
strategies and allocation of inspection resources. The
Secretary shall promptly undertake those risk-based actions
that are identified during the development of the report as
likely to contribute to the safety and security of the food
supply.
(c) Capability for Laboratory Analyses; Research.--The report
developed under subsection (a)(1) shall provide a description
of methods to increase capacity to undertake analyses of food
samples promptly after collection, to identify new and rapid
analytical techniques, including commercially available
techniques that can be employed at ports of entry and by Food
Emergency Response Network laboratories, and to provide for
well-equipped and staffed laboratory facilities and progress
toward laboratory accreditation under section 422 of the
Federal Food, Drug, and Cosmetic Act (as added by section
6202).
(d) Information Technology.--The report developed under
subsection (a)(1) shall include a description of such
information technology systems as may be needed to identify
risks and receive data from multiple sources, including foreign
governments, State, local, and tribal governments, other
Federal agencies, the food industry, laboratories, laboratory
networks, and consumers. The information technology systems
that the Secretary describes shall also provide for the
integration of the facility registration system under section
415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
350d), and the prior notice system under section 801(m) of such
Act (21 U.S.C. 381(m)) with other information technology
systems that are used by the Federal Government for the
processing of food offered for import into the United States.
(e) Automated Risk Assessment.--The report developed under
subsection (a)(1) shall include a description of progress
toward developing and improving an automated risk assessment
system for food safety surveillance and allocation of
resources.
(f) Traceback and Surveillance Report.--The Secretary shall
include in the report developed under subsection (a)(1) an
analysis of the Food and Drug Administration's performance in
foodborne illness outbreaks during the 5-year period preceding
the date of enactment of this Act involving fruits and
vegetables that are raw agricultural commodities (as defined in
section 6201(r) (21 U.S.C. 321(r)) and recommendations for
enhanced surveillance, outbreak response, and traceability.
Such findings and recommendations shall address communication
and coordination with the public, industry, and State and local
governments, as such communication and coordination relates to
outbreak identification and traceback.
(g) Biennial Food Safety and Food Defense Research Plan.--The
Secretary, the Secretary of Agriculture, and the Secretary of
Homeland Security shall, on a biennial basis, submit to
Congress a joint food safety and food defense research plan
which may include studying the long-term health effects of
foodborne illness. Such biennial plan shall include a list and
description of projects conducted during the previous 2-year
period and the plan for projects to be conducted during the
subsequent 2-year period.
(h) Effectiveness of Programs Administered by the Department
of Health and Human Services.--
(1) In general.--To determine whether existing
Federal programs administered by the Department of
Health and Human Services are effective in achieving
the stated goals of such programs, the Secretary shall,
beginning not later than 1 year after the date of
enactment of this Act--
(A) conduct an annual evaluation of each
program of such Department to determine the
effectiveness of each such program in achieving
legislated intent, purposes, and objectives;
and
(B) submit to Congress a report concerning
such evaluation.
(2) Content.--The report described under paragraph
(1)(B) shall--
(A) include conclusions concerning the
reasons that such existing programs have proven
successful or not successful and what factors
contributed to such conclusions;
(B) include recommendations for consolidation
and elimination to reduce duplication and
inefficiencies in such programs at such
Department as identified during the evaluation
conduct under this subsection; and
(C) be made publicly available in a
publication entitled ``Guide to the U.S.
Department of Health and Human Services
Programs''.
(i) Unique Identification Numbers.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary, acting through
the Commissioner of Food and Drugs, shall conduct a
study regarding the need for, and challenges associated
with, development and implementation of a program that
requires a unique identification number for each food
facility registered with the Secretary and, as
appropriate, each broker that imports food into the
United States. Such study shall include an evaluation
of the costs associated with development and
implementation of such a system, and make
recommendations about what new authorities, if any,
would be necessary to develop and implement such a
system.
(2) Report.--Not later than 15 months after the date
of enactment of this Act, the Secretary shall submit to
Congress a report that describes the findings of the
study conducted under paragraph (1) and that includes
any recommendations determined appropriate by the
Secretary.
SEC. 6111. SANITARY TRANSPORTATION OF FOOD.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall promulgate
regulations described in section 416(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350e(b)).
(b) Food Transportation Study.--The Secretary, acting through
the Commissioner of Food and Drugs, shall conduct a study of
the transportation of food for consumption in the United
States, including transportation by air, that includes an
examination of the unique needs of rural and frontier areas
with regard to the delivery of safe food.
SEC. 6112. FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT.
(a) Definitions.--In this section:
(1) Early childhood education program.--The term
``early childhood education program'' means--
(A) a Head Start program or an Early Head
Start program carried out under the Head Start
Act (42 U.S.C. 9831 et seq.);
(B) a State licensed or regulated child care
program or school; or
(C) a State prekindergarten program that
serves children from birth through
kindergarten.
(2) ESEA definitions.--The terms ``local educational
agency'', ``secondary school'', ``elementary school'',
and ``parent'' have the meanings given the terms in
section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(3) School.--The term ``school'' includes public--
(A) kindergartens;
(B) elementary schools; and
(C) secondary schools.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(b) Establishment of Voluntary Food Allergy and Anaphylaxis
Management Guidelines.--
(1) Establishment.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Secretary, in consultation with the Secretary
of Education, shall--
(i) develop guidelines to be used on
a voluntary basis to develop plans for
individuals to manage the risk of food
allergy and anaphylaxis in schools and
early childhood education programs; and
(ii) make such guidelines available
to local educational agencies, schools,
early childhood education programs, and
other interested entities and
individuals to be implemented on a
voluntary basis only.
(B) Applicability of ferpa.--Each plan
described in subparagraph (A) that is developed
for an individual shall be considered an
education record for the purpose of section 444
of the General Education Provisions Act
(commonly referred to as the ``Family
Educational Rights and Privacy Act of 1974'')
(20 U.S.C. 1232g).
(2) Contents.--The voluntary guidelines developed by
the Secretary under paragraph (1) shall address each of
the following and may be updated as the Secretary
determines necessary:
(A) Parental obligation to provide the school
or early childhood education program, prior to
the start of every school year, with--
(i) documentation from their child's
physician or nurse--
(I) supporting a diagnosis of
food allergy, and any risk of
anaphylaxis, if applicable;
(II) identifying any food to
which the child is allergic;
(III) describing, if
appropriate, any prior history
of anaphylaxis;
(IV) listing any medication
prescribed for the child for
the treatment of anaphylaxis;
(V) detailing emergency
treatment procedures in the
event of a reaction;
(VI) listing the signs and
symptoms of a reaction; and
(VII) assessing the child's
readiness for self-
administration of prescription
medication; and
(ii) a list of substitute meals that
may be offered to the child by school
or early childhood education program
food service personnel.
(B) The creation and maintenance of an
individual plan for food allergy management, in
consultation with the parent, tailored to the
needs of each child with a documented risk for
anaphylaxis, including any procedures for the
self-administration of medication by such
children in instances where--
(i) the children are capable of self-
administering medication; and
(ii) such administration is not
prohibited by State law.
(C) Communication strategies between
individual schools or early childhood education
programs and providers of emergency medical
services, including appropriate instructions
for emergency medical response.
(D) Strategies to reduce the risk of exposure
to anaphylactic causative agents in classrooms
and common school or early childhood education
program areas such as cafeterias.
(E) The dissemination of general information
on life-threatening food allergies to school or
early childhood education program staff,
parents, and children.
(F) Food allergy management training of
school or early childhood education program
personnel who regularly come into contact with
children with life-threatening food allergies.
(G) The authorization and training of school
or early childhood education program personnel
to administer epinephrine when the nurse is not
immediately available.
(H) The timely accessibility of epinephrine
by school or early childhood education program
personnel when the nurse is not immediately
available.
(I) The creation of a plan contained in each
individual plan for food allergy management
that addresses the appropriate response to an
incident of anaphylaxis of a child while such
child is engaged in extracurricular programs of
a school or early childhood education program,
such as nonacademic outings and field trips,
before- and after-school programs or before-
and after-early child education program
programs, and school-sponsored or early
childhood education program-sponsored programs
held on weekends.
(J) Maintenance of information for each
administration of epinephrine to a child at
risk for anaphylaxis and prompt notification to
parents.
(K) Other elements the Secretary determines
necessary for the management of food allergies
and anaphylaxis in schools and early childhood
education programs.
(3) Relation to state law.--Nothing in this section
or the guidelines developed by the Secretary under
paragraph (1) shall be construed to preempt State law,
including any State law regarding whether students at
risk for anaphylaxis may self-administer medication.
(c) School-based Food Allergy Management Grants.--
(1) In general.--The Secretary may award grants to
local educational agencies to assist such agencies with
implementing voluntary food allergy and anaphylaxis
management guidelines described in subsection (b).
(2) Application.--
(A) In general.--To be eligible to receive a
grant under this subsection, a local
educational agency shall submit an application
to the Secretary at such time, in such manner,
and including such information as the Secretary
may reasonably require.
(B) Contents.--Each application submitted
under subparagraph (A) shall include--
(i) an assurance that the local
educational agency has developed plans
in accordance with the food allergy and
anaphylaxis management guidelines
described in subsection (b);
(ii) a description of the activities
to be funded by the grant in carrying
out the food allergy and anaphylaxis
management guidelines, including--
(I) how the guidelines will
be carried out at individual
schools served by the local
educational agency;
(II) how the local
educational agency will inform
parents and students of the
guidelines in place;
(III) how school nurses,
teachers, administrators, and
other school-based staff will
be made aware of, and given
training on, when applicable,
the guidelines in place; and
(IV) any other activities
that the Secretary determines
appropriate;
(iii) an itemization of how grant
funds received under this subsection
will be expended;
(iv) a description of how adoption of
the guidelines and implementation of
grant activities will be monitored; and
(v) an agreement by the local
educational agency to report
information required by the Secretary
to conduct evaluations under this
subsection.
(3) Use of funds.--Each local educational agency that
receives a grant under this subsection may use the
grant funds for the following:
(A) Purchase of materials and supplies,
including limited medical supplies such as
epinephrine and disposable wet wipes, to
support carrying out the food allergy and
anaphylaxis management guidelines described in
subsection (b).
(B) In partnership with local health
departments, school nurse, teacher, and
personnel training for food allergy management.
(C) Programs that educate students as to the
presence of, and policies and procedures in
place related to, food allergies and
anaphylactic shock.
(D) Outreach to parents.
(E) Any other activities consistent with the
guidelines described in subsection (b).
(4) Duration of awards.--The Secretary may award
grants under this subsection for a period of not more
than 2 years. In the event the Secretary conducts a
program evaluation under this subsection, funding in
the second year of the grant, where applicable, shall
be contingent on a successful program evaluation by the
Secretary after the first year.
(5) Limitation on grant funding.--The Secretary may
not provide grant funding to a local educational agency
under this subsection after such local educational
agency has received 2 years of grant funding under this
subsection.
(6) Maximum amount of annual awards.--A grant awarded
under this subsection may not be made in an amount that
is more than $50,000 annually.
(7) Priority.--In awarding grants under this
subsection, the Secretary shall give priority to local
educational agencies with the highest percentages of
children who are counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6333(c)).
(8) Matching funds.--
(A) In general.--The Secretary may not award
a grant under this subsection unless the local
educational agency agrees that, with respect to
the costs to be incurred by such local
educational agency in carrying out the grant
activities, the local educational agency shall
make available (directly or through donations
from public or private entities) non-Federal
funds toward such costs in an amount equal to
not less than 25 percent of the amount of the
grant.
(B) Determination of amount of non-federal
contribution.--Non-Federal funds required under
subparagraph (A) may be cash or in kind,
including plant, equipment, or services.
Amounts provided by the Federal Government, and
any portion of any service subsidized by the
Federal Government, may not be included in
determining the amount of such non-Federal
funds.
(9) Administrative funds.--A local educational agency
that receives a grant under this subsection may use not
more than 2 percent of the grant amount for
administrative costs related to carrying out this
subsection.
(10) Progress and evaluations.--At the completion of
the grant period referred to in paragraph (4), a local
educational agency shall provide the Secretary with
information on how grant funds were spent and the
status of implementation of the food allergy and
anaphylaxis management guidelines described in
subsection (b).
(11) Supplement, not supplant.--Grant funds received
under this subsection shall be used to supplement, and
not supplant, non-Federal funds and any other Federal
funds available to carry out the activities described
in this subsection.
(12) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $30,000,000 for fiscal year 2011 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
(d) Voluntary Nature of Guidelines.--
(1) In general.--The food allergy and anaphylaxis
management guidelines developed by the Secretary under
subsection (b) are voluntary. Nothing in this section
or the guidelines developed by the Secretary under
subsection (b) shall be construed to require a local
educational agency to implement such guidelines.
(2) Exception.--Notwithstanding paragraph (1), the
Secretary may enforce an agreement by a local
educational agency to implement food allergy and
anaphylaxis management guidelines as a condition of the
receipt of a grant under subsection (c).
SEC. 6113. NEW DIETARY INGREDIENTS.
(a) In General.--Section 413 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350b) is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following:
``(c) Notification.--
``(1) In general.--If the Secretary determines that
the information in a new dietary ingredient
notification submitted under this section for an
article purported to be a new dietary ingredient is
inadequate to establish that a dietary supplement
containing such article will reasonably be expected to
be safe because the article may be, or may contain, an
anabolic steroid or an analogue of an anabolic steroid,
the Secretary shall notify the Drug Enforcement
Administration of such determination. Such notification
by the Secretary shall include, at a minimum, the name
of the dietary supplement or article, the name of the
person or persons who marketed the product or made the
submission of information regarding the article to the
Secretary under this section, and any contact
information for such person or persons that the
Secretary has.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `anabolic steroid' has the
meaning given such term in section 102(41) of
the Controlled Substances Act; and
``(B) the term `analogue of an anabolic
steroid' means a substance whose chemical
structure is substantially similar to the
chemical structure of an anabolic steroid.''.
(b) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish guidance
that clarifies when a dietary supplement ingredient is a new
dietary ingredient, when the manufacturer or distributor of a
dietary ingredient or dietary supplement should provide the
Secretary with information as described in section 413(a)(2) of
the Federal Food, Drug, and Cosmetic Act, the evidence needed
to document the safety of new dietary ingredients, and
appropriate methods for establishing the identify of a new
dietary ingredient.
SEC. 6114. REQUIREMENT FOR GUIDANCE RELATING TO POST-HARVEST PROCESSING
OF RAW OYSTERS.
(a) In General.--Not later than 90 days prior to the issuance
of any guidance, regulation, or suggested amendment by the Food
and Drug Administration to the National Shellfish Sanitation
Program's Model Ordinance, or the issuance of any guidance or
regulation by the Food and Drug Administration relating to the
Seafood Hazard Analysis Critical Control Points Program of the
Food and Drug Administration (parts 123 and 1240 of title 21,
Code of Federal Regulations (or any successor regulations),
where such guidance, regulation, or suggested amendment relates
to post-harvest processing for raw oysters, the Secretary shall
prepare and submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report which
shall include--
(1) an assessment of how post-harvest processing or
other equivalent controls feasibly may be implemented
in the fastest, safest, and most economical manner;
(2) the projected public health benefits of any
proposed post-harvest processing;
(3) the projected costs of compliance with such post-
harvest processing measures;
(4) the impact post-harvest processing is expected to
have on the sales, cost, and availability of raw
oysters;
(5) criteria for ensuring post-harvest processing
standards will be applied equally to shellfish imported
from all nations of origin;
(6) an evaluation of alternative measures to prevent,
eliminate, or reduce to an acceptable level the
occurrence of foodborne illness; and
(7) the extent to which the Food and Drug
Administration has consulted with the States and other
regulatory agencies, as appropriate, with regard to
post-harvest processing measures.
(b) Limitation.--Subsection (a) shall not apply to the
guidance described in section 6103(h).
(c) Review and Evaluation.--Not later than 30 days after the
Secretary issues a proposed regulation or guidance described in
subsection (a), the Comptroller General of the United States
shall--
(1) review and evaluate the report described in
subsection (a) and report to Congress on the findings
of the estimates and analysis in the report;
(2) compare such proposed regulation or guidance to
similar regulations or guidance with respect to other
regulated foods, including a comparison of risks the
Secretary may find associated with seafood and the
instances of those risks in such other regulated foods;
and
(3) evaluate the impact of post-harvest processing on
the competitiveness of the domestic oyster industry in
the United States and in international markets.
(d) Waiver.--The requirement of preparing a report under
subsection (a) shall be waived if the Secretary issues a
guidance that is adopted as a consensus agreement between
Federal and State regulators and the oyster industry, acting
through the Interstate Shellfish Sanitation Conference.
(e) Public Access.--Any report prepared under this section
shall be made available to the public.
SEC. 6115. PORT SHOPPING.
Until the date on which the Secretary promulgates a final
rule that implements the amendments made by section 308 of the
Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (Public Law 107-188), the Secretary shall
notify the Secretary of Homeland Security of all instances in
which the Secretary refuses to admit a food into the United
States under section 801(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381(a)) so that the Secretary of
Homeland Security, acting through the Commissioner of Customs
and Border Protection, may prevent food refused admittance into
the United States by a United States port of entry from being
admitted by another United States port of entry, through the
notification of other such United States ports of entry.
SEC. 6116. ALCOHOL-RELATED FACILITIES.
(a) In General.--Except as provided by sections 6102, 6206,
6207, 6302, 6304, 6402, 6403, and 6404 of this Act, and the
amendments made by such sections, nothing in this Act, or the
amendments made by this Act, shall be construed to apply to a
facility that--
(1) under the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.) or chapter 51 of subtitle E of the
Internal Revenue Code of 1986 (26 U.S.C. 5001 et seq.)
is required to obtain a permit or to register with the
Secretary of the Treasury as a condition of doing
business in the United States; and
(2) under section 415 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350d) is required to register
as a facility because such facility is engaged in
manufacturing, processing, packing, or holding 1 or
more alcoholic beverages, with respect to the
activities of such facility that relate to the
manufacturing, processing, packing, or holding of
alcoholic beverages.
(b) Limited Receipt and Distribution of Nonalcohol Food.--
Subsection (a) shall not apply to a facility engaged in the
receipt and distribution of any nonalcohol food, except that
such paragraph shall apply to a facility described in such
paragraph that receives and distributes nonalcohol food,
provided such food is received and distributed--
(1) in a prepackaged form that prevents any direct
human contact with such food; and
(2) in amounts that constitute not more than 5
percent of the overall sales of such facility, as
determined by the Secretary of the Treasury.
(c) Rule of Construction.--Except as provided in subsections
(a) and (b), this section shall not be construed to exempt any
food, other than alcoholic beverages, as defined in section 214
of the Federal Alcohol Administration Act (27 U.S.C. 214), from
the requirements of this Act (including the amendments made by
this Act).
TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY
PROBLEMS
SEC. 6201. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES,
FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL
REPORT.
(a) Targeting of Inspection Resources for Domestic
Facilities, Foreign Facilities, and Ports of Entry.--Chapter IV
(21 U.S.C. 341 et seq.), as amended by section 6106, is amended
by adding at the end the following:
``SEC. 421. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES,
FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL
REPORT.
``(a) Identification and Inspection of Facilities.--
``(1) Identification.--The Secretary shall identify
high-risk facilities and shall allocate resources to
inspect facilities according to the known safety risks
of the facilities, which shall be based on the
following factors:
``(A) The known safety risks of the food
manufactured, processed, packed, or held at the
facility.
``(B) The compliance history of a facility,
including with regard to food recalls,
outbreaks of foodborne illness, and violations
of food safety standards.
``(C) The rigor and effectiveness of the
facility's hazard analysis and risk-based
preventive controls.
``(D) Whether the food manufactured,
processed, packed, or held at the facility
meets the criteria for priority under section
801(h)(1).
``(E) Whether the food or the facility that
manufactured, processed, packed, or held such
food has received a certification as described
in section 801(q) or 806, as appropriate.
``(F) Any other criteria deemed necessary and
appropriate by the Secretary for purposes of
allocating inspection resources.
``(2) Inspections.--
``(A) In general.--Beginning on the date of
enactment of the FDA Food Safety Modernization
Act, the Secretary shall increase the frequency
of inspection of all facilities.
``(B) Domestic high-risk facilities.--The
Secretary shall increase the frequency of
inspection of domestic facilities identified
under paragraph (1) as high-risk facilities
such that each such facility is inspected--
``(i) not less often than once in the
5-year period following the date of
enactment of the FDA Food Safety
Modernization Act; and
``(ii) not less often than once every
3 years thereafter.
``(C) Domestic non-high-risk facilities.--The
Secretary shall ensure that each domestic
facility that is not identified under paragraph
(1) as a high-risk facility is inspected--
``(i) not less often than once in the
7-year period following the date of
enactment of the FDA Food Safety
Modernization Act; and
``(ii) not less often than once every
5 years thereafter.
``(D) Foreign facilities.--
``(i) Year 1.--In the 1-year period
following the date of enactment of the
FDA Food Safety Modernization Act, the
Secretary shall inspect not fewer than
600 foreign facilities.
``(ii) Subsequent years.--In each of
the 5 years following the 1-year period
described in clause (i), the Secretary
shall inspect not fewer than twice the
number of foreign facilities inspected
by the Secretary during the previous
year.
``(E) Reliance on federal, state, or local
inspections.--In meeting the inspection
requirements under this subsection for domestic
facilities, the Secretary may rely on
inspections conducted by other Federal, State,
or local agencies under interagency agreements,
contracts, memoranda of understanding, or other
obligations.
``(b) Identification and Inspection at Ports of Entry.--The
Secretary, in consultation with the Secretary of Homeland
Security, shall allocate resources to inspect any article of
food imported into the United States according to the known
safety risks of the article of food, which shall be based on
the following factors:
``(1) The known safety risks of the food imported.
``(2) The known safety risks of the countries or
regions of origin and countries through which such
article of food is transported.
``(3) The compliance history of the importer,
including with regard to food recalls, outbreaks of
foodborne illness, and violations of food safety
standards.
``(4) The rigor and effectiveness of the activities
conducted by the importer of such article of food to
satisfy the requirements of the foreign supplier
verification program under section 805.
``(5) Whether the food importer participates in the
voluntary qualified importer program under section 806.
``(6) Whether the food meets the criteria for
priority under section 801(h)(1).
``(7) Whether the food or the facility that
manufactured, processed, packed, or held such food
received a certification as described in section 801(q)
or 806.
``(8) Any other criteria deemed necessary and
appropriate by the Secretary for purposes of allocating
inspection resources.
``(c) Interagency Agreements With Respect to Seafood.--
``(1) In general.--The Secretary of Health and Human
Services, the Secretary of Commerce, the Secretary of
Homeland Security, the Chairman of the Federal Trade
Commission, and the heads of other appropriate agencies
may enter into such agreements as may be necessary or
appropriate to improve seafood safety.
``(2) Scope of agreements.--The agreements under
paragraph (1) may include--
``(A) cooperative arrangements for examining
and testing seafood imports that leverage the
resources, capabilities, and authorities of
each party to the agreement;
``(B) coordination of inspections of foreign
facilities to increase the percentage of
imported seafood and seafood facilities
inspected;
``(C) standardization of data on seafood
names, inspection records, and laboratory
testing to improve interagency coordination;
``(D) coordination to detect and investigate
violations under applicable Federal law;
``(E) a process, including the use or
modification of existing processes, by which
officers and employees of the National Oceanic
and Atmospheric Administration may be duly
designated by the Secretary to carry out
seafood examinations and investigations under
section 801 of this Act or section 203 of the
Food Allergen Labeling and Consumer Protection
Act of 2004;
``(F) the sharing of information concerning
observed noncompliance with United States food
requirements domestically and in foreign
nations and new regulatory decisions and
policies that may affect the safety of food
imported into the United States;
``(G) conducting joint training on subjects
that affect and strengthen seafood inspection
effectiveness by Federal authorities; and
``(H) outreach on Federal efforts to enhance
seafood safety and compliance with Federal food
safety requirements.
``(d) Coordination.--The Secretary shall improve coordination
and cooperation with the Secretary of Agriculture and the
Secretary of Homeland Security to target food inspection
resources.
``(e) Facility.--For purposes of this section, the term
`facility' means a domestic facility or a foreign facility that
is required to register under section 415.''.
(b) Annual Report.--Section 1003 (21 U.S.C. 393) is amended
by adding at the end the following:
``(h) Annual Report Regarding Food.--Not later than February
1 of each year, the Secretary shall submit to Congress a
report, including efforts to coordinate and cooperate with
other Federal agencies with responsibilities for food
inspections, regarding--
``(1) information about food facilities including--
``(A) the appropriations used to inspect
facilities registered pursuant to section 415
in the previous fiscal year;
``(B) the average cost of both a non-high-
risk food facility inspection and a high-risk
food facility inspection, if such a difference
exists, in the previous fiscal year;
``(C) the number of domestic facilities and
the number of foreign facilities registered
pursuant to section 415 that the Secretary
inspected in the previous fiscal year;
``(D) the number of domestic facilities and
the number of foreign facilities registered
pursuant to section 415 that were scheduled for
inspection in the previous fiscal year and
which the Secretary did not inspect in such
year;
``(E) the number of high-risk facilities
identified pursuant to section 421 that the
Secretary inspected in the previous fiscal
year; and
``(F) the number of high-risk facilities
identified pursuant to section 421 that were
scheduled for inspection in the previous fiscal
year and which the Secretary did not inspect in
such year.
``(2) information about food imports including--
``(A) the number of lines of food imported
into the United States that the Secretary
physically inspected or sampled in the previous
fiscal year;
``(B) the number of lines of food imported
into the United States that the Secretary did
not physically inspect or sample in the
previous fiscal year; and
``(C) the average cost of physically
inspecting or sampling a line of food subject
to this Act that is imported or offered for
import into the United States; and
``(3) information on the foreign offices of the Food
and Drug Administration including--
``(A) the number of foreign offices
established; and
``(B) the number of personnel permanently
stationed in each foreign office.
``(i) Public Availability of Annual Food Reports.--The
Secretary shall make the reports required under subsection (h)
available to the public on the Internet Web site of the Food
and Drug Administration.''.
(c) Advisory Committee Consultation.--In allocating
inspection resources as described in section 421 of the Federal
Food, Drug, and Cosmetic Act (as added by subsection (a)), the
Secretary may, as appropriate, consult with any relevant
advisory committee within the Department of Health and Human
Services.
SEC. 6202. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.
(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6201, is amended by adding at the end the
following:
``SEC. 422. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.
``(a) Recognition of Laboratory Accreditation.--
``(1) In general.--Not later than 2 years after the
date of enactment of the FDA Food Safety Modernization
Act, the Secretary shall--
``(A) establish a program for the testing of
food by accredited laboratories;
``(B) establish a publicly available registry
of accreditation bodies recognized by the
Secretary and laboratories accredited by a
recognized accreditation body, including the
name of, contact information for, and other
information deemed appropriate by the Secretary
about such bodies and laboratories; and
``(C) require, as a condition of recognition
or accreditation, as appropriate, that
recognized accreditation bodies and accredited
laboratories report to the Secretary any
changes that would affect the recognition of
such accreditation body or the accreditation of
such laboratory.
``(2) Program requirements.--The program established
under paragraph (1)(A) shall provide for the
recognition of laboratory accreditation bodies that
meet criteria established by the Secretary for
accreditation of laboratories, including independent
private laboratories and laboratories run and operated
by a Federal agency (including the Department of
Commerce), State, or locality with a demonstrated
capability to conduct 1 or more sampling and analytical
testing methodologies for food.
``(3) Increasing the number of qualified
laboratories.--The Secretary shall work with the
laboratory accreditation bodies recognized under
paragraph (1), as appropriate, to increase the number
of qualified laboratories that are eligible to perform
testing under subsection (b) beyond the number so
qualified on the date of enactment of the FDA Food
Safety Modernization Act.
``(4) Limited distribution.--In the interest of
national security, the Secretary, in coordination with
the Secretary of Homeland Security, may determine the
time, manner, and form in which the registry
established under paragraph (1)(B) is made publicly
available.
``(5) Foreign laboratories.--Accreditation bodies
recognized by the Secretary under paragraph (1) may
accredit laboratories that operate outside the United
States, so long as such laboratories meet the
accreditation standards applicable to domestic
laboratories accredited under this section.
``(6) Model laboratory standards.--The Secretary
shall develop model standards that a laboratory shall
meet to be accredited by a recognized accreditation
body for a specified sampling or analytical testing
methodology and included in the registry provided for
under paragraph (1). In developing the model standards,
the Secretary shall consult existing standards for
guidance. The model standards shall include--
``(A) methods to ensure that--
``(i) appropriate sampling,
analytical procedures (including rapid
analytical procedures), and
commercially available techniques are
followed and reports of analyses are
certified as true and accurate;
``(ii) internal quality systems are
established and maintained;
``(iii) procedures exist to evaluate
and respond promptly to complaints
regarding analyses and other activities
for which the laboratory is accredited;
and
``(iv) individuals who conduct the
sampling and analyses are qualified by
training and experience to do so; and
``(B) any other criteria determined
appropriate by the Secretary.
``(7) Review of recognition.--To ensure compliance
with the requirements of this section, the Secretary--
``(A) shall periodically, and in no case less
than once every 5 years, reevaluate
accreditation bodies recognized under paragraph
(1) and may accompany auditors from an
accreditation body to assess whether the
accreditation body meets the criteria for
recognition; and
``(B) shall promptly revoke the recognition
of any accreditation body found not to be in
compliance with the requirements of this
section, specifying, as appropriate, any terms
and conditions necessary for laboratories
accredited by such body to continue to perform
testing as described in this section.
``(b) Testing Procedures.--
``(1) In general.--Not later than 30 months after the
date of enactment of the FDA Food Safety Modernization
Act, food testing shall be conducted by Federal
laboratories or non-Federal laboratories that have been
accredited for the appropriate sampling or analytical
testing methodology or methodologies by a recognized
accreditation body on the registry established by the
Secretary under subsection (a)(1)(B) whenever such
testing is conducted--
``(A) by or on behalf of an owner or
consignee--
``(i) in response to a specific
testing requirement under this Act or
implementing regulations, when applied
to address an identified or suspected
food safety problem; and
``(ii) as required by the Secretary,
as the Secretary deems appropriate, to
address an identified or suspected food
safety problem; or
``(B) on behalf of an owner or consignee--
``(i) in support of admission of an
article of food under section 801(a);
and
``(ii) under an Import Alert that
requires successful consecutive tests.
``(2) Results of testing.--The results of any such
testing shall be sent directly to the Food and Drug
Administration, except the Secretary may by regulation
exempt test results from such submission requirement if
the Secretary determines that such results do not
contribute to the protection of public health. Test
results required to be submitted may be submitted to
the Food and Drug Administration through electronic
means.
``(3) Exception.--The Secretary may waive
requirements under this subsection if--
``(A) a new methodology or methodologies have
been developed and validated but a laboratory
has not yet been accredited to perform such
methodology or methodologies; and
``(B) the use of such methodology or
methodologies are necessary to prevent,
control, or mitigate a food emergency or
foodborne illness outbreak.
``(c) Review by Secretary.--If food sampling and testing
performed by a laboratory run and operated by a State or
locality that is accredited by a recognized accreditation body
on the registry established by the Secretary under subsection
(a) result in a State recalling a food, the Secretary shall
review the sampling and testing results for the purpose of
determining the need for a national recall or other compliance
and enforcement activities.
``(d) No Limit on Secretarial Authority.--Nothing in this
section shall be construed to limit the ability of the
Secretary to review and act upon information from food testing,
including determining the sufficiency of such information and
testing.''.
(b) Food Emergency Response Network.--The Secretary, in
coordination with the Secretary of Agriculture, the Secretary
of Homeland Security, and State, local, and tribal governments
shall, not later than 180 days after the date of enactment of
this Act, and biennially thereafter, submit to the relevant
committees of Congress, and make publicly available on the
Internet Web site of the Department of Health and Human
Services, a report on the progress in implementing a national
food emergency response laboratory network that--
(1) provides ongoing surveillance, rapid detection,
and surge capacity for large-scale food-related
emergencies, including intentional adulteration of the
food supply;
(2) coordinates the food laboratory capacities of
State, local, and tribal food laboratories, including
the adoption of novel surveillance and identification
technologies and the sharing of data among Federal
agencies and State laboratories to develop national
situational awareness;
(3) provides accessible, timely, accurate, and
consistent food laboratory services throughout the
United States;
(4) develops and implements a methods repository for
use by Federal, State, and local officials;
(5) responds to food-related emergencies; and
(6) is integrated with relevant laboratory networks
administered by other Federal agencies.
SEC. 6203. INTEGRATED CONSORTIUM OF LABORATORY NETWORKS.
(a) In General.--The Secretary of Homeland Security, in
coordination with the Secretary of Health and Human Services,
the Secretary of Agriculture, the Secretary of Commerce, and
the Administrator of the Environmental Protection Agency, shall
maintain an agreement through which relevant laboratory network
members, as determined by the Secretary of Homeland Security,
shall--
(1) agree on common laboratory methods in order to
reduce the time required to detect and respond to
foodborne illness outbreaks and facilitate the sharing
of knowledge and information relating to animal health,
agriculture, and human health;
(2) identify means by which laboratory network
members could work cooperatively--
(A) to optimize national laboratory
preparedness; and
(B) to provide surge capacity during
emergencies; and
(3) engage in ongoing dialogue and build
relationships that will support a more effective and
integrated response during emergencies.
(b) Reporting Requirement.--The Secretary of Homeland
Security shall, on a biennial basis, submit to the relevant
committees of Congress, and make publicly available on the
Internet Web site of the Department of Homeland Security, a
report on the progress of the integrated consortium of
laboratory networks, as established under subsection (a), in
carrying out this section.
SEC. 6204. ENHANCING TRACKING AND TRACING OF FOOD AND RECORDKEEPING.
(a) Pilot Projects.--
(1) In general.--Not later than 270 days after the
date of enactment of this Act, the Secretary of Health
and Human Services (referred to in this section as the
``Secretary''), taking into account recommendations
from the Secretary of Agriculture and representatives
of State departments of health and agriculture, shall
establish pilot projects in coordination with the food
industry to explore and evaluate methods to rapidly and
effectively identify recipients of food to prevent or
mitigate a foodborne illness outbreak and to address
credible threats of serious adverse health consequences
or death to humans or animals as a result of such food
being adulterated under section 402 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 342) or
misbranded under section 403(w) of such Act (21 U.S.C.
343(w)).
(2) Content.--The Secretary shall conduct 1 or more
pilot projects under paragraph (1) in coordination with
the processed food sector and 1 or more such pilot
projects in coordination with processors or
distributors of fruits and vegetables that are raw
agricultural commodities. The Secretary shall ensure
that the pilot projects under paragraph (1) reflect the
diversity of the food supply and include at least 3
different types of foods that have been the subject of
significant outbreaks during the 5-year period
preceding the date of enactment of this Act, and are
selected in order to--
(A) develop and demonstrate methods for rapid
and effective tracking and tracing of foods in
a manner that is practicable for facilities of
varying sizes, including small businesses;
(B) develop and demonstrate appropriate
technologies, including technologies existing
on the date of enactment of this Act, that
enhance the tracking and tracing of food; and
(C) inform the promulgation of regulations
under subsection (d).
(3) Report.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall report to
Congress on the findings of the pilot projects under
this subsection together with recommendations for
improving the tracking and tracing of food.
(b) Additional Data Gathering.--
(1) In general.--The Secretary, in coordination with
the Secretary of Agriculture and multiple
representatives of State departments of health and
agriculture, shall assess--
(A) the costs and benefits associated with
the adoption and use of several product tracing
technologies, including technologies used in
the pilot projects under subsection (a);
(B) the feasibility of such technologies for
different sectors of the food industry,
including small businesses; and
(C) whether such technologies are compatible
with the requirements of this subsection.
(2) Requirements.--To the extent practicable, in
carrying out paragraph (1), the Secretary shall--
(A) evaluate domestic and international
product tracing practices in commercial use;
(B) consider international efforts, including
an assessment of whether product tracing
requirements developed under this section are
compatible with global tracing systems, as
appropriate; and
(C) consult with a diverse and broad range of
experts and stakeholders, including
representatives of the food industry,
agricultural producers, and nongovernmental
organizations that represent the interests of
consumers.
(c) Product Tracing System.--The Secretary, in consultation
with the Secretary of Agriculture, shall, as appropriate,
establish within the Food and Drug Administration a product
tracing system to receive information that improves the
capacity of the Secretary to effectively and rapidly track and
trace food that is in the United States or offered for import
into the United States. Prior to the establishment of such
product tracing system, the Secretary shall examine the results
of applicable pilot projects and shall ensure that the
activities of such system are adequately supported by the
results of such pilot projects.
(d) Additional Recordkeeping Requirements for High-risk
Foods.--
(1) In general.--In order to rapidly and effectively
identify recipients of a food to prevent or mitigate a
foodborne illness outbreak and to address credible
threats of serious adverse health consequences or death
to humans or animals as a result of such food being
adulterated under section 402 of the Federal Food,
Drug, and Cosmetic Act or misbranded under section
403(w) of such Act, not later than 2 years after the
date of enactment of this Act, the Secretary shall
publish a notice of proposed rulemaking to establish
recordkeeping requirements, in addition to the
requirements under section 414 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350c) and subpart J
of part 1 of title 21, Code of Federal Regulations (or
any successor regulations), for facilities that
manufacture, process, pack, or hold foods that the
Secretary designates under paragraph (2) as high-risk
foods. The Secretary shall set an appropriate effective
date of such additional requirements for foods
designated as high risk that takes into account the
length of time necessary to comply with such
requirements. Such requirements shall--
(A) relate only to information that is
reasonably available and appropriate;
(B) be science-based;
(C) not prescribe specific technologies for
the maintenance of records;
(D) ensure that the public health benefits of
imposing additional recordkeeping requirements
outweigh the cost of compliance with such
requirements;
(E) be scale-appropriate and practicable for
facilities of varying sizes and capabilities
with respect to costs and recordkeeping
burdens, and not require the creation and
maintenance of duplicate records where the
information is contained in other company
records kept in the normal course of business;
(F) minimize the number of different
recordkeeping requirements for facilities that
handle more than 1 type of food;
(G) to the extent practicable, not require a
facility to change business systems to comply
with such requirements;
(H) allow any person subject to this
subsection to maintain records required under
this subsection at a central or reasonably
accessible location provided that such records
can be made available to the Secretary not
later than 24 hours after the Secretary
requests such records;
(I) include a process by which the Secretary
may issue a waiver of the requirements under
this subsection if the Secretary determines
that such requirements would result in an
economic hardship for an individual facility or
a type of facility;
(J) be commensurate with the known safety
risks of the designated food;
(K) take into account international trade
obligations;
(L) not require--
(i) a full pedigree, or a record of
the complete previous distribution
history of the food from the point of
origin of such food;
(ii) records of recipients of a food
beyond the immediate subsequent
recipient of such food; or
(iii) product tracking to the case
level by persons subject to such
requirements; and
(M) include a process by which the Secretary
may remove a high-risk food designation
developed under paragraph (2) for a food or
type of food.
(2) Designation of high-risk foods.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, and
thereafter as the Secretary determines
necessary, the Secretary shall designate high-
risk foods for which the additional
recordkeeping requirements described in
paragraph (1) are appropriate and necessary to
protect the public health. Each such
designation shall be based on--
(i) the known safety risks of a
particular food, including the history
and severity of foodborne illness
outbreaks attributed to such food,
taking into consideration foodborne
illness data collected by the Centers
for Disease Control and Prevention;
(ii) the likelihood that a particular
food has a high potential risk for
microbiological or chemical
contamination or would support the
growth of pathogenic microorganisms due
to the nature of the food or the
processes used to produce such food;
(iii) the point in the manufacturing
process of the food where contamination
is most likely to occur;
(iv) the likelihood of contamination
and steps taken during the
manufacturing process to reduce the
possibility of contamination;
(v) the likelihood that consuming a
particular food will result in a
foodborne illness due to contamination
of the food; and
(vi) the likely or known severity,
including health and economic impacts,
of a foodborne illness attributed to a
particular food.
(B) List of high-risk foods.--At the time the
Secretary promulgates the final rules under
paragraph (1), the Secretary shall publish the
list of the foods designated under subparagraph
(A) as high-risk foods on the Internet website
of the Food and Drug Administration. The
Secretary may update the list to designate new
high-risk foods and to remove foods that are no
longer deemed to be high-risk foods, provided
that each such update to the list is consistent
with the requirements of this subsection and
notice of such update is published in the
Federal Register.
(3) Protection of sensitive information.--In
promulgating regulations under this subsection, the
Secretary shall take appropriate measures to ensure
that there are effective procedures to prevent the
unauthorized disclosure of any trade secret or
confidential information that is obtained by the
Secretary pursuant to this section, including periodic
risk assessment and planning to prevent unauthorized
release and controls to--
(A) prevent unauthorized reproduction of
trade secret or confidential information;
(B) prevent unauthorized access to trade
secret or confidential information; and
(C) maintain records with respect to access
by any person to trade secret or confidential
information maintained by the agency.
(4) Public input.--During the comment period in the
notice of proposed rulemaking under paragraph (1), the
Secretary shall conduct not less than 3 public meetings
in diverse geographical areas of the United States to
provide persons in different regions an opportunity to
comment.
(5) Retention of records.--Except as otherwise
provided in this subsection, the Secretary may require
that a facility retain records under this subsection
for not more than 2 years, taking into consideration
the risk of spoilage, loss of value, or loss of
palatability of the applicable food when determining
the appropriate timeframes.
(6) Limitations.--
(A) Farm-to-school programs.--In establishing
requirements under this subsection, the
Secretary shall, in consultation with the
Secretary of Agriculture, consider the impact
of requirements on farm-to-school or farm-to-
institution programs of the Department of
Agriculture and other farm-to-school and farm-
to-institution programs outside such agency,
and shall modify the requirements under this
subsection, as appropriate, with respect to
such programs so that the requirements do not
place undue burdens on farm-to-school or farm-
to-institution programs.
(B) Identity-preserved labels with respect to
farm sales of food that is produced and
packaged on a farm.--The requirements under
this subsection shall not apply to a food that
is produced and packaged on a farm if--
(i) the packaging of the food
maintains the integrity of the product
and prevents subsequent contamination
or alteration of the product; and
(ii) the labeling of the food
includes the name, complete address
(street address, town, State, country,
and zip or other postal code), and
business phone number of the farm,
unless the Secretary waives the
requirement to include a business phone
number of the farm, as appropriate, in
order to accommodate a religious belief
of the individual in charge of such
farm.
(C) Fishing vessels.--The requirements under
this subsection with respect to a food that is
produced through the use of a fishing vessel
(as defined in section 3(18) of the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802(18))) shall be limited to the
requirements under subparagraph (F) until such
time as the food is sold by the owner,
operator, or agent in charge of such fishing
vessel.
(D) Commingled raw agricultural
commodities.--
(i) Limitation on extent of
tracing.--Recordkeeping requirements
under this subsection with regard to
any commingled raw agricultural
commodity shall be limited to the
requirements under subparagraph (F).
(ii) Definitions.--For the purposes
of this subparagraph--
(I) the term ``commingled raw
agricultural commodity'' means
any commodity that is combined
or mixed after harvesting, but
before processing;
(II) the term ``commingled
raw agricultural commodity''
shall not include types of
fruits and vegetables that are
raw agricultural commodities
for which the Secretary has
determined that standards
promulgated under section 419
of the Federal Food, Drug, and
Cosmetic Act (as added by
section 6105) would minimize
the risk of serious adverse
health consequences or death;
and
(III) the term ``processing''
means operations that alter the
general state of the commodity,
such as canning, cooking,
freezing, dehydration, milling,
grinding, pasteurization, or
homogenization.
(E) Exemption of other foods.--The Secretary
may, by notice in the Federal Register, modify
the requirements under this subsection with
respect to, or exempt a food or a type of
facility from, the requirements of this
subsection (other than the requirements under
subparagraph (F), if applicable) if the
Secretary determines that product tracing
requirements for such food (such as bulk or
commingled ingredients that are intended to be
processed to destroy pathogens) or type of
facility is not necessary to protect the public
health.
(F) Recordkeeping regarding previous sources
and subsequent recipients.--In the case of a
person or food to which a limitation or
exemption under subparagraph (C), (D), or (E)
applies, if such person, or a person who
manufactures, processes, packs, or holds such
food, is required to register with the
Secretary under section 415 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350d)
with respect to the manufacturing, processing,
packing, or holding of the applicable food, the
Secretary shall require such person to maintain
records that identify the immediate previous
source of such food and the immediate
subsequent recipient of such food.
(G) Grocery stores.--With respect to a sale
of a food described in subparagraph (H) to a
grocery store, the Secretary shall not require
such grocery store to maintain records under
this subsection other than records documenting
the farm that was the source of such food. The
Secretary shall not require that such records
be kept for more than 180 days.
(H) Farm sales to consumers.--The Secretary
shall not require a farm to maintain any
distribution records under this subsection with
respect to a sale of a food described in
subparagraph (I) (including a sale of a food
that is produced and packaged on such farm), if
such sale is made by the farm directly to a
consumer.
(I) Sale of a food.--A sale of a food
described in this subparagraph is a sale of a
food in which--
(i) the food is produced on a farm;
and
(ii) the sale is made by the owner,
operator, or agent in charge of such
farm directly to a consumer or grocery
store.
(7) No impact on non-high-risk foods.--The
recordkeeping requirements established under paragraph
(1) shall have no effect on foods that are not
designated by the Secretary under paragraph (2) as
high-risk foods. Foods described in the preceding
sentence shall be subject solely to the recordkeeping
requirements under section 414 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350c) and subpart J
of part 1 of title 21, Code of Federal Regulations (or
any successor regulations).
(e) Evaluation and Recommendations.--
(1) Report.--Not later than 1 year after the
effective date of the final rule promulgated under
subsection (d)(1), the Comptroller General of the
United States shall submit to Congress a report, taking
into consideration the costs of compliance and other
regulatory burdens on small businesses and Federal,
State, and local food safety practices and
requirements, that evaluates the public health benefits
and risks, if any, of limiting--
(A) the product tracing requirements under
subsection (d) to foods identified under
paragraph (2) of such subsection, including
whether such requirements provide adequate
assurance of traceability in the event of
intentional adulteration, including by acts of
terrorism; and
(B) the participation of restaurants in the
recordkeeping requirements.
(2) Determination and recommendations.--In conducting
the evaluation and report under paragraph (1), if the
Comptroller General of the United States determines
that the limitations described in such paragraph do not
adequately protect the public health, the Comptroller
General shall submit to Congress recommendations, if
appropriate, regarding recordkeeping requirements for
restaurants and additional foods, in order to protect
the public health.
(f) Farms.--
(1) Request for information.--Notwithstanding
subsection (d), during an active investigation of a
foodborne illness outbreak, or if the Secretary
determines it is necessary to protect the public health
and prevent or mitigate a foodborne illness outbreak,
the Secretary, in consultation and coordination with
State and local agencies responsible for food safety,
as appropriate, may request that the owner, operator,
or agent of a farm identify potential immediate
recipients, other than consumers, of an article of the
food that is the subject of such investigation if the
Secretary reasonably believes such article of food--
(A) is adulterated under section 402 of the
Federal Food, Drug, and Cosmetic Act;
(B) presents a threat of serious adverse
health consequences or death to humans or
animals; and
(C) was adulterated as described in
subparagraph (A) on a particular farm (as
defined in section 1.227 of chapter 21, Code of
Federal Regulations (or any successor
regulation)).
(2) Manner of request.--In making a request under
paragraph (1), the Secretary, in consultation and
coordination with State and local agencies responsible
for food safety, as appropriate, shall issue a written
notice to the owner, operator, or agent of the farm to
which the article of food has been traced. The
individual providing such notice shall present to such
owner, operator, or agent appropriate credentials and
shall deliver such notice at reasonable times and
within reasonable limits and in a reasonable manner.
(3) Delivery of information requested.--The owner,
operator, or agent of a farm shall deliver the
information requested under paragraph (1) in a prompt
and reasonable manner. Such information may consist of
records kept in the normal course of business, and may
be in electronic or nonelectronic format.
(4) Limitation.--A request made under paragraph (1)
shall not include a request for information relating to
the finances, pricing of commodities produced,
personnel, research, sales (other than information
relating to shipping), or other disclosures that may
reveal trade secrets or confidential information from
the farm to which the article of food has been traced,
other than information necessary to identify potential
immediate recipients of such food. Section 301(j) of
the Federal Food, Drug, and Cosmetic Act and the
Freedom of Information Act shall apply with respect to
any confidential commercial information that is
disclosed to the Food and Drug Administration in the
course of responding to a request under paragraph (1).
(5) Records.--Except with respect to identifying
potential immediate recipients in response to a request
under this subsection, nothing in this subsection shall
require the establishment or maintenance by farms of
new records.
(g) No Limitation on Commingling of Food.--Nothing in this
section shall be construed to authorize the Secretary to impose
any limitation on the commingling of food.
(h) Small Entity Compliance Guide.--Not later than 180 days
after promulgation of a final rule under subsection (d), the
Secretary shall issue a small entity compliance guide setting
forth in plain language the requirements of the regulations
under such subsection in order to assist small entities,
including farms and small businesses, in complying with the
recordkeeping requirements under such subsection.
(i) Flexibility for Small Businesses.--Notwithstanding any
other provision of law, the regulations promulgated under
subsection (d) shall apply--
(1) to small businesses (as defined by the Secretary
in section 6103, not later than 90 days after the date
of enactment of this Act) beginning on the date that is
1 year after the effective date of the final
regulations promulgated under subsection (d); and
(2) to very small businesses (as defined by the
Secretary in section 6103, not later than 90 days after
the date of enactment of this Act) beginning on the
date that is 2 years after the effective date of the
final regulations promulgated under subsection (d).
(j) Enforcement.--
(1) Prohibited acts.--Section 301(e) (21 U.S.C.
331(e)) is amended by inserting ``; or the violation of
any recordkeeping requirement under section 6204 of the
FDA Food Safety Modernization Act (except when such
violation is committed by a farm)'' before the period
at the end.
(2) Imports.--Section 801(a) (21 U.S.C. 381(a)) is
amended by inserting ``or (4) the recordkeeping
requirements under section 6204 of the FDA Food Safety
Modernization Act (other than the requirements under
subsection (f) of such section) have not been complied
with regarding such article,'' in the third sentence
before ``then such article shall be refused
admission''.
SEC. 6205. SURVEILLANCE.
(a) Definition of Foodborne Illness Outbreak.--In this Act,
the term ``foodborne illness outbreak'' means the occurrence of
2 or more cases of a similar illness resulting from the
ingestion of a certain food.
(b) Foodborne Illness Surveillance Systems.--
(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and
Prevention, shall enhance foodborne illness
surveillance systems to improve the collection,
analysis, reporting, and usefulness of data on
foodborne illnesses by--
(A) coordinating Federal, State, and local
foodborne illness surveillance systems,
including complaint systems, and increasing
participation in national networks of public
health and food regulatory agencies and
laboratories;
(B) facilitating sharing of surveillance
information on a more timely basis among
governmental agencies, including the Food and
Drug Administration, the Department of
Agriculture, the Department of Homeland
Security, and State and local agencies, and
with the public;
(C) developing improved epidemiological tools
for obtaining quality exposure data and
microbiological methods for classifying cases;
(D) augmenting such systems to improve
attribution of a foodborne illness outbreak to
a specific food;
(E) expanding capacity of such systems,
including working toward automatic electronic
searches, for implementation of identification
practices, including fingerprinting strategies,
for foodborne infectious agents, in order to
identify new or rarely documented causes of
foodborne illness and submit standardized
information to a centralized database;
(F) allowing timely public access to
aggregated, de-identified surveillance data;
(G) at least annually, publishing current
reports on findings from such systems;
(H) establishing a flexible mechanism for
rapidly initiating scientific research by
academic institutions;
(I) integrating foodborne illness
surveillance systems and data with other
biosurveillance and public health situational
awareness capabilities at the Federal, State,
and local levels, including by sharing
foodborne illness surveillance data with the
National Biosurveillance Integration Center;
and
(J) other activities as determined
appropriate by the Secretary.
(2) Working group.--The Secretary shall support and
maintain a diverse working group of experts and
stakeholders from Federal, State, and local food safety
and health agencies, the food and food testing
industries, consumer organizations, and academia. Such
working group shall provide the Secretary, through at
least annual meetings of the working group and an
annual public report, advice and recommendations on an
ongoing and regular basis regarding the improvement of
foodborne illness surveillance and implementation of
this section, including advice and recommendations on--
(A) the priority needs of regulatory
agencies, the food industry, and consumers for
information and analysis on foodborne illness
and its causes;
(B) opportunities to improve the
effectiveness of initiatives at the Federal,
State, and local levels, including coordination
and integration of activities among Federal
agencies, and among the Federal, State, and
local levels of government;
(C) improvement in the timeliness and depth
of access by regulatory and health agencies,
the food industry, academic researchers, and
consumers to foodborne illness aggregated, de-
identified surveillance data collected by
government agencies at all levels, including
data compiled by the Centers for Disease
Control and Prevention;
(D) key barriers at Federal, State, and local
levels to improving foodborne illness
surveillance and the utility of such
surveillance for preventing foodborne illness;
(E) the capabilities needed for establishing
automatic electronic searches of surveillance
data; and
(F) specific actions to reduce barriers to
improvement, implement the working group's
recommendations, and achieve the purposes of
this section, with measurable objectives and
timelines, and identification of resource and
staffing needs.
(3) Authorization of appropriations.--To carry out
the activities described in paragraph (1), there is
authorized to be appropriated $24,000,000 for each
fiscal years 2011 through 2015.
(c) Improving Food Safety and Defense Capacity at the State
and Local Level.--
(1) In general.--The Secretary shall develop and
implement strategies to leverage and enhance the food
safety and defense capacities of State and local
agencies in order to achieve the following goals:
(A) Improve foodborne illness outbreak
response and containment.
(B) Accelerate foodborne illness surveillance
and outbreak investigation, including rapid
shipment of clinical isolates from clinical
laboratories to appropriate State laboratories,
and conducting more standardized illness
outbreak interviews.
(C) Strengthen the capacity of State and
local agencies to carry out inspections and
enforce safety standards.
(D) Improve the effectiveness of Federal,
State, and local partnerships to coordinate
food safety and defense resources and reduce
the incidence of foodborne illness.
(E) Share information on a timely basis among
public health and food regulatory agencies,
with the food industry, with health care
providers, and with the public.
(F) Strengthen the capacity of State and
local agencies to achieve the goals described
in section 6108.
(2) Review.--In developing of the strategies required
by paragraph (1), the Secretary shall, not later than 1
year after the date of enactment of the FDA Food Safety
Modernization Act, complete a review of State and local
capacities, and needs for enhancement, which may
include a survey with respect to--
(A) staffing levels and expertise available
to perform food safety and defense functions;
(B) laboratory capacity to support
surveillance, outbreak response, inspection,
and enforcement activities;
(C) information systems to support data
management and sharing of food safety and
defense information among State and local
agencies and with counterparts at the Federal
level; and
(D) other State and local activities and
needs as determined appropriate by the
Secretary.
(d) Food Safety Capacity Building Grants.--Section 317R(b) of
the Public Health Service Act (42 U.S.C. 247b-20(b)) is
amended--
(1) by striking ``2002'' and inserting ``2010''; and
(2) by striking ``2003 through 2006'' and inserting
``2011 through 2015''.
SEC. 6206. MANDATORY RECALL AUTHORITY.
(a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as
amended by section 6202, is amended by adding at the end the
following:
``SEC. 423. MANDATORY RECALL AUTHORITY.
``(a) Voluntary Procedures.--If the Secretary determines,
based on information gathered through the reportable food
registry under section 417 or through any other means, that
there is a reasonable probability that an article of food
(other than infant formula) is adulterated under section 402 or
misbranded under section 403(w) and the use of or exposure to
such article will cause serious adverse health consequences or
death to humans or animals, the Secretary shall provide the
responsible party (as defined in section 417) with an
opportunity to cease distribution and recall such article.
``(b) Prehearing Order To Cease Distribution and Give
Notice.--
``(1) In general.--If the responsible party refuses
to or does not voluntarily cease distribution or recall
such article within the time and in the manner
prescribed by the Secretary (if so prescribed), the
Secretary may, by order require, as the Secretary deems
necessary, such person to--
``(A) immediately cease distribution of such
article; and
``(B) as applicable, immediately notify all
persons--
``(i) manufacturing, processing,
packing, transporting, distributing,
receiving, holding, or importing and
selling such article; and
``(ii) to which such article has been
distributed, transported, or sold, to
immediately cease distribution of such
article.
``(2) Required additional information.--
``(A) In general.--If an article of food
covered by a recall order issued under
paragraph (1)(B) has been distributed to a
warehouse-based third-party logistics provider
without providing such provider sufficient
information to know or reasonably determine the
precise identity of the article of food covered
by a recall order that is in its possession,
the notice provided by the responsible party
subject to the order issued under paragraph
(1)(B) shall include such information as is
necessary for the warehouse-based third-party
logistics provider to identify the food.
``(B) Rules of construction.--Nothing in this
paragraph shall be construed--
``(i) to exempt a warehouse-based
third-party logistics provider from the
requirements of this Act, including the
requirements in this section and
section 414; or
``(ii) to exempt a warehouse-based
third party logistics provider from
being the subject of a mandatory recall
order.
``(3) Determination to limit areas affected.--If the
Secretary requires a responsible party to cease
distribution under paragraph (1)(A) of an article of
food identified in subsection (a), the Secretary may
limit the size of the geographic area and the markets
affected by such cessation if such limitation would not
compromise the public health.
``(c) Hearing on Order.--The Secretary shall provide the
responsible party subject to an order under subsection (b) with
an opportunity for an informal hearing, to be held as soon as
possible, but not later than 2 days after the issuance of the
order, on the actions required by the order and on why the
article that is the subject of the order should not be
recalled.
``(d) Post-hearing Recall Order and Modification of Order.--
``(1) Amendment of order.--If, after providing
opportunity for an informal hearing under subsection
(c), the Secretary determines that removal of the
article from commerce is necessary, the Secretary
shall, as appropriate--
``(A) amend the order to require recall of
such article or other appropriate action;
``(B) specify a timetable in which the recall
shall occur;
``(C) require periodic reports to the
Secretary describing the progress of the
recall; and
``(D) provide notice to consumers to whom
such article was, or may have been,
distributed.
``(2) Vacating of order.--If, after such hearing, the
Secretary determines that adequate grounds do not exist
to continue the actions required by the order, or that
such actions should be modified, the Secretary shall
vacate the order or modify the order.
``(e) Rule Regarding Alcoholic Beverages.--The Secretary
shall not initiate a mandatory recall or take any other action
under this section with respect to any alcohol beverage until
the Secretary has provided the Alcohol and Tobacco Tax and
Trade Bureau with a reasonable opportunity to cease
distribution and recall such article under the Alcohol and
Tobacco Tax and Trade Bureau authority.
``(f) Cooperation and Consultation.--The Secretary shall work
with State and local public health officials in carrying out
this section, as appropriate.
``(g) Public Notification.--In conducting a recall under this
section, the Secretary shall--
``(1) ensure that a press release is published
regarding the recall, as well as alerts and public
notices, as appropriate, in order to provide
notification--
``(A) of the recall to consumers and
retailers to whom such article was, or may have
been, distributed; and
``(B) that includes, at a minimum--
``(i) the name of the article of food
subject to the recall;
``(ii) a description of the risk
associated with such article; and
``(iii) to the extent practicable,
information for consumers about similar
articles of food that are not affected
by the recall;
``(2) consult the policies of the Department of
Agriculture regarding providing to the public a list of
retail consignees receiving products involved in a
Class I recall and shall consider providing such a list
to the public, as determined appropriate by the
Secretary; and
``(3) if available, publish on the Internet Web site
of the Food and Drug Administration an image of the
article that is the subject of the press release
described in paragraph (1).
``(h) No Delegation.--The authority conferred by this section
to order a recall or vacate a recall order shall not be
delegated to any officer or employee other than the
Commissioner.
``(i) Effect.--Nothing in this section shall affect the
authority of the Secretary to request or participate in a
voluntary recall, or to issue an order to cease distribution or
to recall under any other provision of this Act or under the
Public Health Service Act.
``(j) Coordinated Communication.--
``(1) In general.--To assist in carrying out the
requirements of this subsection, the Secretary shall
establish an incident command operation or a similar
operation within the Department of Health and Human
Services that will operate not later than 24 hours
after the initiation of a mandatory recall or the
recall of an article of food for which the use of, or
exposure to, such article will cause serious adverse
health consequences or death to humans or animals.
``(2) Requirements.--To reduce the potential for
miscommunication during recalls or regarding
investigations of a foodborne illness outbreak
associated with a food that is subject to a recall,
each incident command operation or similar operation
under paragraph (1) shall use regular staff and
resources of the Department of Health and Human
Services to--
``(A) ensure timely and coordinated
communication within the Department, including
enhanced communication and coordination between
different agencies and organizations within the
Department;
``(B) ensure timely and coordinated
communication from the Department, including
public statements, throughout the duration of
the investigation and related foodborne illness
outbreak;
``(C) identify a single point of contact
within the Department for public inquiries
regarding any actions by the Secretary related
to a recall;
``(D) coordinate with Federal, State, local,
and tribal authorities, as appropriate, that
have responsibilities related to the recall of
a food or a foodborne illness outbreak
associated with a food that is subject to the
recall, including notification of the Secretary
of Agriculture and the Secretary of Education
in the event such recalled food is a commodity
intended for use in a child nutrition program
(as identified in section 25(b) of the Richard
B. Russell National School Lunch Act (42 U.S.C.
1769f(b)); and
``(E) conclude operations at such time as the
Secretary determines appropriate.
``(3) Multiple recalls.--The Secretary may establish
multiple or concurrent incident command operations or
similar operations in the event of multiple recalls or
foodborne illness outbreaks necessitating such action
by the Department of Health and Human Services.''.
(b) Search Engine.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall modify the Internet
Web site of the Food and Drug Administration to include a
search engine that--
(1) is consumer-friendly, as determined by the
Secretary; and
(2) provides a means by which an individual may
locate relevant information regarding each article of
food subject to a recall under section 423 of the
Federal Food, Drug, and Cosmetic Act and the status of
such recall (such as whether a recall is ongoing or has
been completed).
(c) Civil Penalty.--Section 303(f)(2)(A) (21 U.S.C.
333(f)(2)(A)) is amended by inserting ``or any person who does
not comply with a recall order under section 423'' after
``section 402(a)(2)(B)''.
(d) Prohibited Acts.--Section 301 (21 U.S.C. 331 et seq.), as
amended by section 6106, is amended by adding at the end the
following:
``(xx) The refusal or failure to follow an order under
section 423.''.
(e) GAO Review.--
(1) In general.--Not later than 90 days after the
date of enactment of this Act, the Comptroller General
of the United States shall submit to Congress a report
that--
(A) identifies State and local agencies with
the authority to require the mandatory recall
of food, and evaluates use of such authority
with regard to frequency, effectiveness, and
appropriateness, including consideration of any
new or existing mechanisms available to
compensate persons for general and specific
recall-related costs when a recall is
subsequently determined by the relevant
authority to have been an error;
(B) identifies Federal agencies, other than
the Department of Health and Human Services,
with mandatory recall authority and examines
use of that authority with regard to frequency,
effectiveness, and appropriateness, including
any new or existing mechanisms available to
compensate persons for general and specific
recall-related costs when a recall is
subsequently determined by the relevant agency
to have been an error;
(C) considers models for farmer restitution
implemented in other nations in cases of
erroneous recalls; and
(D) makes recommendations to the Secretary
regarding use of the authority under section
423 of the Federal Food, Drug, and Cosmetic Act
(as added by this section) to protect the
public health while seeking to minimize
unnecessary economic costs.
(2) Effect of review.--If the Comptroller General of
the United States finds, after the review conducted
under paragraph (1), that the mechanisms described in
such paragraph do not exist or are inadequate, then,
not later than 90 days after the conclusion of such
review, the Secretary of Agriculture shall conduct a
study of the feasibility of implementing a farmer
indemnification program to provide restitution to
agricultural producers for losses sustained as a result
of a mandatory recall of an agricultural commodity by a
Federal or State regulatory agency that is subsequently
determined to be in error. The Secretary of Agriculture
shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that describes the results of the study,
including any recommendations.
(f) Annual Report to Congress.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act and annually thereafter,
the Secretary of Health and Human Services (referred to
in this subsection as the ``Secretary'') shall submit a
report to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives on the use
of recall authority under section 423 of the Federal
Food, Drug, and Cosmetic Act (as added by subsection
(a)) and any public health advisories issued by the
Secretary that advise against the consumption of an
article of food on the ground that the article of food
is adulterated and poses an imminent danger to health.
(2) Content.--The report under paragraph (1) shall
include, with respect to the report year--
(A) the identity of each article of food that
was the subject of a public health advisory
described in paragraph (1), an opportunity to
cease distribution and recall under subsection
(a) of section 423 of the Federal Food, Drug,
and Cosmetic Act, or a mandatory recall order
under subsection (b) of such section;
(B) the number of responsible parties, as
defined in section 417 of the Federal Food,
Drug, and Cosmetic Act, formally given the
opportunity to cease distribution of an article
of food and recall such article, as described
in section 423(a) of such Act;
(C) the number of responsible parties
described in subparagraph (B) who did not cease
distribution of or recall an article of food
after given the opportunity to cease
distribution or recall under section 423(a) of
the Federal Food, Drug, and Cosmetic Act;
(D) the number of recall orders issued under
section 423(b) of the Federal Food, Drug, and
Cosmetic Act; and
(E) a description of any instances in which
there was no testing that confirmed
adulteration of an article of food that was the
subject of a recall under section 423(b) of the
Federal Food, Drug, and Cosmetic Act or a
public health advisory described in paragraph
(1).
SEC. 6207. ADMINISTRATIVE DETENTION OF FOOD.
(a) In General.--Section 304(h)(1)(A) (21 U.S.C.
334(h)(1)(A)) is amended by--
(1) striking ``credible evidence or information
indicating'' and inserting ``reason to believe''; and
(2) striking ``presents a threat of serious adverse
health consequences or death to humans or animals'' and
inserting ``is adulterated or misbranded''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue an interim
final rule amending subpart K of part 1 of title 21, Code of
Federal Regulations, to implement the amendment made by this
section.
(c) Effective Date.--The amendment made by this section shall
take effect 180 days after the date of enactment of this Act.
SEC. 6208. DECONTAMINATION AND DISPOSAL STANDARDS AND PLANS.
(a) In General.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), in coordination with the Secretary of
Health and Human Services, Secretary of Homeland Security, and
Secretary of Agriculture, shall provide support for, and
technical assistance to, State, local, and tribal governments
in preparing for, assessing, decontaminating, and recovering
from an agriculture or food emergency.
(b) Development of Standards.--In carrying out subsection
(a), the Administrator, in coordination with the Secretary of
Health and Human Services, Secretary of Homeland Security,
Secretary of Agriculture, and State, local, and tribal
governments, shall develop and disseminate specific standards
and protocols to undertake clean-up, clearance, and recovery
activities following the decontamination and disposal of
specific threat agents and foreign animal diseases.
(c) Development of Model Plans.--In carrying out subsection
(a), the Administrator, the Secretary of Health and Human
Services, and the Secretary of Agriculture shall jointly
develop and disseminate model plans for--
(1) the decontamination of individuals, equipment,
and facilities following an intentional contamination
of agriculture or food; and
(2) the disposal of large quantities of animals,
plants, or food products that have been infected or
contaminated by specific threat agents and foreign
animal diseases.
(d) Exercises.--In carrying out subsection (a), the
Administrator, in coordination with the entities described
under subsection (b), shall conduct exercises at least annually
to evaluate and identify weaknesses in the decontamination and
disposal model plans described in subsection (c). Such
exercises shall be carried out, to the maximum extent
practicable, as part of the national exercise program under
section 648(b)(1) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 748(b)(1)).
(e) Modifications.--Based on the exercises described in
subsection (d), the Administrator, in coordination with the
entities described in subsection (b), shall review and modify
as necessary the plans described in subsection (c) not less
frequently than biennially.
(f) Prioritization.--The Administrator, in coordination with
the entities described in subsection (b), shall develop
standards and plans under subsections (b) and (c) in an
identified order of priority that takes into account--
(1) highest risk biological, chemical, and
radiological threat agents;
(2) agents that could cause the greatest economic
devastation to the agriculture and food system; and
(3) agents that are most difficult to clean or
remediate.
SEC. 6209. IMPROVING THE TRAINING OF STATE, LOCAL, TERRITORIAL, AND
TRIBAL FOOD SAFETY OFFICIALS.
(a) Improving Training.--Chapter X (21 U.S.C. 391 et seq.) is
amended by adding at the end the following:
``SEC. 1012. IMPROVING THE TRAINING OF STATE, LOCAL, TERRITORIAL, AND
TRIBAL FOOD SAFETY OFFICIALS.
``(a) Training.--The Secretary shall set standards and
administer training and education programs for the employees of
State, local, territorial, and tribal food safety officials
relating to the regulatory responsibilities and policies
established by this Act, including programs for--
``(1) scientific training;
``(2) training to improve the skill of officers and
employees authorized to conduct inspections under
sections 702 and 704;
``(3) training to achieve advanced product or process
specialization in such inspections;
``(4) training that addresses best practices;
``(5) training in administrative process and
procedure and integrity issues;
``(6) training in appropriate sampling and laboratory
analysis methodology; and
``(7) training in building enforcement actions
following inspections, examinations, testing, and
investigations.
``(b) Partnerships With State and Local Officials.--
``(1) In general.--The Secretary, pursuant to a
contract or memorandum of understanding between the
Secretary and the head of a State, local, territorial,
or tribal department or agency, is authorized and
encouraged to conduct examinations, testing, and
investigations for the purposes of determining
compliance with the food safety provisions of this Act
through the officers and employees of such State,
local, territorial, or tribal department or agency.
``(2) Content.--A contract or memorandum described
under paragraph (1) shall include provisions to ensure
adequate training of such officers and employees to
conduct such examinations, testing, and investigations.
The contract or memorandum shall contain provisions
regarding reimbursement. Such provisions may, at the
sole discretion of the head of the other department or
agency, require reimbursement, in whole or in part,
from the Secretary for the examinations, testing, or
investigations performed pursuant to this section by
the officers or employees of the State, territorial, or
tribal department or agency.
``(3) Effect.--Nothing in this subsection shall be
construed to limit the authority of the Secretary under
section 702.
``(c) Extension Service.--The Secretary shall ensure
coordination with the extension activities of the National
Institute of Food and Agriculture of the Department of
Agriculture in advising producers and small processors
transitioning into new practices required as a result of the
enactment of the FDA Food Safety Modernization Act and
assisting regulated industry with compliance with such Act.
``(d) National Food Safety Training, Education, Extension,
Outreach, and Technical Assistance Program.--
``(1) In general.--In order to improve food safety
and reduce the incidence of foodborne illness, the
Secretary shall, not later than 180 days after the date
of enactment of the FDA Food Safety Modernization Act,
enter into one or more memoranda of understanding, or
enter into other cooperative agreements, with the
Secretary of Agriculture to establish a competitive
grant program within the National Institute for Food
and Agriculture to provide food safety training,
education, extension, outreach, and technical
assistance to--
``(A) owners and operators of farms;
``(B) small food processors; and
``(C) small fruit and vegetable merchant
wholesalers.
``(2) Implementation.--The competitive grant program
established under paragraph (1) shall be carried out in
accordance with section 405 of the Agricultural
Research, Extension, and Education Reform Act of 1998.
``(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section for fiscal years 2011 through 2015.''.
(b) National Food Safety Training, Education, Extension,
Outreach, and Technical Assistance Program.--Title IV of the
Agricultural Research, Extension, and Education Reform Act of
1998 is amended by inserting after section 404 (7 U.S.C. 7624)
the following:
``SEC. 405. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION,
OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.
``(a) In General.--The Secretary shall award grants under
this section to carry out the competitive grant program
established under section 1012(d) of the Federal Food, Drug,
and Cosmetic Act, pursuant to any memoranda of understanding
entered into under such section.
``(b) Integrated Approach.--The grant program described under
subsection (a) shall be carried out under this section in a
manner that facilitates the integration of food safety
standards and guidance with the variety of agricultural
production systems, encompassing conventional, sustainable,
organic, conservation, and environmental practices.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to projects that target small-
and medium-sized farms, beginning farmers, socially
disadvantaged farmers, small processors, or small fresh fruit
and vegetable merchant wholesalers.
``(d) Program Coordination.--
``(1) In general.--The Secretary shall coordinate
implementation of the grant program under this section
with the National Integrated Food Safety Initiative.
``(2) Interaction.--The Secretary shall--
``(A) in carrying out the grant program under
this section, take into consideration applied
research, education, and extension results
obtained from the National Integrated Food
Safety Initiative; and
``(B) in determining the applied research
agenda for the National Integrated Food Safety
Initiative, take into consideration the needs
articulated by participants in projects funded
by the program under this section.
``(e) Grants.--
``(1) In general.--In carrying out this section, the
Secretary shall make competitive grants to support
training, education, extension, outreach, and technical
assistance projects that will help improve public
health by increasing the understanding and adoption of
established food safety standards, guidance, and
protocols.
``(2) Encouraged features.--The Secretary shall
encourage projects carried out using grant funds under
this section to include co-management of food safety,
conservation systems, and ecological health.
``(3) Maximum term and size of grant.--
``(A) In general.--A grant under this section
shall have a term that is not more than 3
years.
``(B) Limitation on grant funding.--The
Secretary may not provide grant funding to an
entity under this section after such entity has
received 3 years of grant funding under this
section.
``(f) Grant Eligibility.--
``(1) In general.--To be eligible for a grant under
this section, an entity shall be--
``(A) a State cooperative extension service;
``(B) a Federal, State, local, or tribal
agency, a nonprofit community-based or
nongovernmental organization, or an
organization representing owners and operators
of farms, small food processors, or small fruit
and vegetable merchant wholesalers that has a
commitment to public health and expertise in
administering programs that contribute to food
safety;
``(C) an institution of higher education (as
defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))) or a
foundation maintained by an institution of
higher education;
``(D) a collaboration of 2 or more eligible
entities described in this subsection; or
``(E) such other appropriate entity, as
determined by the Secretary.
``(2) Multistate partnerships.--Grants under this
section may be made for projects involving more than 1
State.
``(g) Regional Balance.--In making grants under this section,
the Secretary shall, to the maximum extent practicable,
ensure--
``(1) geographic diversity; and
``(2) diversity of types of agricultural production.
``(h) Technical Assistance.--The Secretary may use funds made
available under this section to provide technical assistance to
grant recipients to further the purposes of this section.
``(i) Best Practices and Model Programs.--Based on
evaluations of, and responses arising from, projects funded
under this section, the Secretary may issue a set of
recommended best practices and models for food safety training
programs for agricultural producers, small food processors, and
small fresh fruit and vegetable merchant wholesalers.
``(j) Authorization of Appropriations.--For the purposes of
making grants under this section, there are authorized to be
appropriated such sums as may be necessary for fiscal years
2011 through 2015.''.
SEC. 6210. ENHANCING FOOD SAFETY.
(a) Grants To Enhance Food Safety.--Section 1009 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399) is amended
to read as follows:
``SEC. 1009. GRANTS TO ENHANCE FOOD SAFETY.
``(a) In General.--The Secretary is authorized to make grants
to eligible entities to--
``(1) undertake examinations, inspections,
investigations, and related food safety activities
under section 702;
``(2) train to the standards of the Secretary for the
examination, inspection, and investigation of food
manufacturing, processing, packing, holding,
distribution, and importation, including as such
examination, inspection, and investigation relate to
retail food establishments;
``(3) build the food safety capacity of the
laboratories of such eligible entity, including the
detection of zoonotic diseases;
``(4) build the infrastructure and capacity of the
food safety programs of such eligible entity to meet
the standards as outlined in the grant application; and
``(5) take appropriate action to protect the public
health in response to--
``(A) a notification under section 1008,
including planning and otherwise preparing to
take such action; or
``(B) a recall of food under this Act.
``(b) Eligible Entities; Application.--
``(1) In general.--In this section, the term
`eligible entity' means an entity--
``(A) that is--
``(i) a State;
``(ii) a locality;
``(iii) a territory;
``(iv) an Indian tribe (as defined in
section 4(e) of the Indian Self-
Determination and Education Assistance
Act); or
``(v) a nonprofit food safety
training entity that collaborates with
1 or more institutions of higher
education; and
``(B) that submits an application to the
Secretary at such time, in such manner, and
including such information as the Secretary may
reasonably require.
``(2) Contents.--Each application submitted under
paragraph (1) shall include--
``(A) an assurance that the eligible entity
has developed plans to engage in the types of
activities described in subsection (a);
``(B) a description of the types of
activities to be funded by the grant;
``(C) an itemization of how grant funds
received under this section will be expended;
``(D) a description of how grant activities
will be monitored; and
``(E) an agreement by the eligible entity to
report information required by the Secretary to
conduct evaluations under this section.
``(c) Limitations.--The funds provided under subsection (a)
shall be available to an eligible entity that receives a grant
under this section only to the extent such entity funds the
food safety programs of such entity independently of any grant
under this section in each year of the grant at a level equal
to the level of such funding in the previous year, increased by
the Consumer Price Index. Such non-Federal matching funds may
be provided directly or through donations from public or
private entities and may be in cash or in-kind, fairly
evaluated, including plant, equipment, or services.
``(d) Additional Authority.--The Secretary may--
``(1) award a grant under this section in each
subsequent fiscal year without reapplication for a
period of not more than 3 years, provided the
requirements of subsection (c) are met for the previous
fiscal year; and
``(2) award a grant under this section in a fiscal
year for which the requirement of subsection (c) has
not been met only if such requirement was not met
because such funding was diverted for response to 1 or
more natural disasters or in other extenuating
circumstances that the Secretary may determine
appropriate.
``(e) Duration of Awards.--The Secretary may award grants to
an individual grant recipient under this section for periods of
not more than 3 years. In the event the Secretary conducts a
program evaluation, funding in the second year or third year of
the grant, where applicable, shall be contingent on a
successful program evaluation by the Secretary after the first
year.
``(f) Progress and Evaluation.--
``(1) In general.--The Secretary shall measure the
status and success of each grant program authorized
under the FDA Food Safety Modernization Act (and any
amendment made by such Act), including the grant
program under this section. A recipient of a grant
described in the preceding sentence shall, at the end
of each grant year, provide the Secretary with
information on how grant funds were spent and the
status of the efforts by such recipient to enhance food
safety. To the extent practicable, the Secretary shall
take the performance of such a grant recipient into
account when determining whether to continue funding
for such recipient.
``(2) No duplication.--In carrying out paragraph (1),
the Secretary shall not duplicate the efforts of the
Secretary under other provisions of this Act or the FDA
Food Safety Modernization Act that require measurement
and review of the activities of grant recipients under
either such Act.
``(g) Supplement Not Supplant.--Grant funds received under
this section shall be used to supplement, and not supplant,
non-Federal funds and any other Federal funds available to
carry out the activities described in this section.
``(h) Authorization of Appropriations.--For the purpose of
making grants under this section, there are authorized to be
appropriated such sums as may be necessary for fiscal years
2011 through 2015.''.
(b) Centers of Excellence.--Part P of the Public Health
Service Act (42 U.S.C. 280g et seq.) is amended by adding at
the end the following:
``SEC. 399V-5. FOOD SAFETY INTEGRATED CENTERS OF EXCELLENCE.
``(a) In General.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention and in consultation with the
working group described in subsection (b)(2), shall designate 5
Integrated Food Safety Centers of Excellence (referred to in
this section as the `Centers of Excellence') to serve as
resources for Federal, State, and local public health
professionals to respond to foodborne illness outbreaks. The
Centers of Excellence shall be headquartered at selected State
health departments.
``(b) Selection of Centers of Excellence.--
``(1) Eligible entities.--To be eligible to be
designated as a Center of Excellence under subsection
(a), an entity shall--
``(A) be a State health department;
``(B) partner with 1 or more institutions of
higher education that have demonstrated
knowledge, expertise, and meaningful experience
with regional or national food production,
processing, and distribution, as well as
leadership in the laboratory, epidemiological,
and environmental detection and investigation
of foodborne illness; and
``(C) provide to the Secretary such
information, at such time, and in such manner,
as the Secretary may require.
``(2) Working group.--Not later than 180 days after
the date of enactment of the FDA Food Safety
Modernization Act, the Secretary shall establish a
diverse working group of experts and stakeholders from
Federal, State, and local food safety and health
agencies, the food industry, including food retailers
and food manufacturers, consumer organizations, and
academia to make recommendations to the Secretary
regarding designations of the Centers of Excellence.
``(3) Additional centers of excellence.--The
Secretary may designate eligible entities to be
regional Food Safety Centers of Excellence, in addition
to the 5 Centers designated under subsection (a).
``(c) Activities.--Under the leadership of the Director of
the Centers for Disease Control and Prevention, each Center of
Excellence shall be based out of a selected State health
department, which shall provide assistance to other regional,
State, and local departments of health through activities that
include--
``(1) providing resources, including timely
information concerning symptoms and tests, for
frontline health professionals interviewing individuals
as part of routine surveillance and outbreak
investigations;
``(2) providing analysis of the timeliness and
effectiveness of foodborne disease surveillance and
outbreak response activities;
``(3) providing training for epidemiological and
environmental investigation of foodborne illness,
including suggestions for streamlining and
standardizing the investigation process;
``(4) establishing fellowships, stipends, and
scholarships to train future epidemiological and food-
safety leaders and to address critical workforce
shortages;
``(5) training and coordinating State and local
personnel;
``(6) strengthening capacity to participate in
existing or new foodborne illness surveillance and
environmental assessment information systems; and
``(7) conducting research and outreach activities
focused on increasing prevention, communication, and
education regarding food safety.
``(d) Report to Congress.--Not later than 2 years after the
date of enactment of the FDA Food Safety Modernization Act, the
Secretary shall submit to Congress a report that--
``(1) describes the effectiveness of the Centers of
Excellence; and
``(2) provides legislative recommendations or
describes additional resources required by the Centers
of Excellence.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
``(f) No Duplication of Effort.--In carrying out activities
of the Centers of Excellence or other programs under this
section, the Secretary shall not duplicate other Federal
foodborne illness response efforts.''.
SEC. 6211. IMPROVING THE REPORTABLE FOOD REGISTRY.
(a) In General.--Section 417 (21 U.S.C. 350f) is amended--
(1) by redesignating subsections (f) through (k) as
subsections (i) through (n), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Critical Information.--Except with respect to fruits
and vegetables that are raw agricultural commodities, not more
than 18 months after the date of enactment of the FDA Food
Safety Modernization Act, the Secretary may require a
responsible party to submit to the Secretary consumer-oriented
information regarding a reportable food, which shall include--
``(1) a description of the article of food as
provided in subsection (e)(3);
``(2) as provided in subsection (e)(7), affected
product identification codes, such as UPC, SKU, or lot
or batch numbers sufficient for the consumer to
identify the article of food;
``(3) contact information for the responsible party
as provided in subsection (e)(8); and
``(4) any other information the Secretary determines
is necessary to enable a consumer to accurately
identify whether such consumer is in possession of the
reportable food.
``(g) Grocery Store Notification.--
``(1) Action by secretary.--The Secretary shall--
``(A) prepare the critical information
described under subsection (f) for a reportable
food as a standardized one-page summary;
``(B) publish such one-page summary on the
Internet website of the Food and Drug
Administration in a format that can be easily
printed by a grocery store for purposes of
consumer notification.
``(2) Action by grocery store.--A notification
described under paragraph (1)(B) shall include the date
and time such summary was posted on the Internet
website of the Food and Drug Administration.
``(h) Consumer Notification.--
``(1) In general.--If a grocery store sold a
reportable food that is the subject of the posting and
such establishment is part of chain of establishments
with 15 or more physical locations, then such
establishment shall, not later than 24 hours after a
one page summary described in subsection (g) is
published, prominently display such summary or the
information from such summary via at least one of the
methods identified under paragraph (2) and maintain the
display for 14 days.
``(2) List of conspicuous locations.--Not more than 1
year after the date of enactment of the FDA Food Safety
Modernization Act, the Secretary shall develop and
publish a list of acceptable conspicuous locations and
manners, from which grocery stores shall select at
least one, for providing the notification required in
paragraph (1). Such list shall include--
``(A) posting the notification at or near the
register;
``(B) providing the location of the
reportable food;
``(C) providing targeted recall information
given to customers upon purchase of a food; and
``(D) other such prominent and conspicuous
locations and manners utilized by grocery
stores as of the date of the enactment of the
FDA Food Safety Modernization Act to provide
notice of such recalls to consumers as
considered appropriate by the Secretary.''.
(b) Prohibited Act.--Section 301 (21 U.S.C. 331), as amended
by section 6206, is amended by adding at the end the following:
``(yy) The knowing and willful failure to comply with the
notification requirement under section 417(h).''.
(c) Conforming Amendment.--Section 301(e) (21 U.S.C. 331(e))
is amended by striking ``417(g)'' and inserting ``417(j)''.
TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD
SEC. 6301. FOREIGN SUPPLIER VERIFICATION PROGRAM.
(a) In General.--Chapter VIII (21 U.S.C. 381 et seq.) is
amended by adding at the end the following:
``SEC. 805. FOREIGN SUPPLIER VERIFICATION PROGRAM.
``(a) In General.--
``(1) Verification requirement.--Except as provided
under subsections (e) and (f), each importer shall
perform risk-based foreign supplier verification
activities for the purpose of verifying that the food
imported by the importer or agent of an importer is--
``(A) produced in compliance with the
requirements of section 418 or section 419, as
appropriate; and
``(B) is not adulterated under section 402 or
misbranded under section 403(w).
``(2) Importer defined.--For purposes of this
section, the term `importer' means, with respect to an
article of food--
``(A) the United States owner or consignee of
the article of food at the time of entry of
such article into the United States; or
``(B) in the case when there is no United
States owner or consignee as described in
subparagraph (A), the United States agent or
representative of a foreign owner or consignee
of the article of food at the time of entry of
such article into the United States.
``(b) Guidance.--Not later than 1 year after the date of
enactment of the FDA Food Safety Modernization Act, the
Secretary shall issue guidance to assist importers in
developing foreign supplier verification programs.
``(c) Regulations.--
``(1) In general.--Not later than 1 year after the
date of enactment of the FDA Food Safety Modernization
Act, the Secretary shall promulgate regulations to
provide for the content of the foreign supplier
verification program established under subsection (a).
``(2) Requirements.--The regulations promulgated
under paragraph (1)--
``(A) shall require that the foreign supplier
verification program of each importer be
adequate to provide assurances that each
foreign supplier to the importer produces the
imported food in compliance with--
``(i) processes and procedures,
including reasonably appropriate risk-
based preventive controls, that provide
the same level of public health
protection as those required under
section 418 or section 419 (taking into
consideration variances granted under
section 419), as appropriate; and
``(ii) section 402 and section
403(w).
``(B) shall include such other requirements
as the Secretary deems necessary and
appropriate to verify that food imported into
the United States is as safe as food produced
and sold within the United States.
``(3) Considerations.--In promulgating regulations
under this subsection, the Secretary shall, as
appropriate, take into account differences among
importers and types of imported foods, including based
on the level of risk posed by the imported food.
``(4) Activities.--Verification activities under a
foreign supplier verification program under this
section may include monitoring records for shipments,
lot-by-lot certification of compliance, annual on-site
inspections, checking the hazard analysis and risk-
based preventive control plan of the foreign supplier,
and periodically testing and sampling shipments.
``(d) Record Maintenance and Access.--Records of an importer
related to a foreign supplier verification program shall be
maintained for a period of not less than 2 years and shall be
made available promptly to a duly authorized representative of
the Secretary upon request.
``(e) Exemption of Seafood, Juice, and Low-acid Canned Food
Facilities in Compliance With HACCP.--This section shall not
apply to a facility if the owner, operator, or agent in charge
of such facility is required to comply with, and is in
compliance with, 1 of the following standards and regulations
with respect to such facility:
``(1) The Seafood Hazard Analysis Critical Control
Points Program of the Food and Drug Administration.
``(2) The Juice Hazard Analysis Critical Control
Points Program of the Food and Drug Administration.
``(3) The Thermally Processed Low-Acid Foods Packaged
in Hermetically Sealed Containers standards of the Food
and Drug Administration (or any successor standards).
The exemption under paragraph (3) shall apply only with respect
to microbiological hazards that are regulated under the
standards for Thermally Processed Low-Acid Foods Packaged in
Hermetically Sealed Containers under part 113 of chapter 21,
Code of Federal Regulations (or any successor regulations).
``(f) Additional Exemptions.--The Secretary, by notice
published in the Federal Register, shall establish an exemption
from the requirements of this section for articles of food
imported in small quantities for research and evaluation
purposes or for personal consumption, provided that such foods
are not intended for retail sale and are not sold or
distributed to the public.
``(g) Publication of List of Participants.--The Secretary
shall publish and maintain on the Internet Web site of the Food
and Drug Administration a current list that includes the name
of, location of, and other information deemed necessary by the
Secretary about, importers participating under this section.''.
(b) Prohibited Act.--Section 301 (21 U.S.C. 331), as amended
by section 6211, is amended by adding at the end the following:
``(zz) The importation or offering for importation of a food
if the importer (as defined in section 805) does not have in
place a foreign supplier verification program in compliance
with such section 805.''.
(c) Imports.--Section 801(a) (21 U.S.C. 381(a)) is amended by
adding ``or the importer (as defined in section 805) is in
violation of such section 805'' after ``or in violation of
section 505''.
(d) Effective Date.--The amendments made by this section
shall take effect 2 years after the date of enactment of this
Act.
SEC. 6302. VOLUNTARY QUALIFIED IMPORTER PROGRAM.
Chapter VIII (21 U.S.C. 381 et seq.), as amended by section
6301, is amended by adding at the end the following:
``SEC. 806. VOLUNTARY QUALIFIED IMPORTER PROGRAM.
``(a) In General.--Beginning not later than 18 months after
the date of enactment of the FDA Food Safety Modernization Act,
the Secretary shall--
``(1) establish a program, in consultation with the
Secretary of Homeland Security--
``(A) to provide for the expedited review and
importation of food offered for importation by
importers who have voluntarily agreed to
participate in such program; and
``(B) consistent with section 808, establish
a process for the issuance of a facility
certification to accompany food offered for
importation by importers who have voluntarily
agreed to participate in such program; and
``(2) issue a guidance document related to
participation in, revocation of such participation in,
reinstatement in, and compliance with, such program.
``(b) Voluntary Participation.--An importer may request the
Secretary to provide for the expedited review and importation
of designated foods in accordance with the program established
by the Secretary under subsection (a).
``(c) Notice of Intent To Participate.--An importer that
intends to participate in the program under this section in a
fiscal year shall submit a notice and application to the
Secretary of such intent at the time and in a manner
established by the Secretary.
``(d) Eligibility.--Eligibility shall be limited to an
importer offering food for importation from a facility that has
a certification described in subsection (a). In reviewing the
applications and making determinations on such applications,
the Secretary shall consider the risk of the food to be
imported based on factors, such as the following:
``(1) The known safety risks of the food to be
imported.
``(2) The compliance history of foreign suppliers
used by the importer, as appropriate.
``(3) The capability of the regulatory system of the
country of export to ensure compliance with United
States food safety standards for a designated food.
``(4) The compliance of the importer with the
requirements of section 805.
``(5) The recordkeeping, testing, inspections and
audits of facilities, traceability of articles of food,
temperature controls, and sourcing practices of the
importer.
``(6) The potential risk for intentional adulteration
of the food.
``(7) Any other factor that the Secretary determines
appropriate.
``(e) Review and Revocation.--Any importer qualified by the
Secretary in accordance with the eligibility criteria set forth
in this section shall be reevaluated not less often than once
every 3 years and the Secretary shall promptly revoke the
qualified importer status of any importer found not to be in
compliance with such criteria.
``(f) False Statements.--Any statement or representation made
by an importer to the Secretary shall be subject to section
1001 of title 18, United States Code.
``(g) Definition.--For purposes of this section, the term
`importer' means the person that brings food, or causes food to
be brought, from a foreign country into the customs territory
of the United States.''.
SEC. 6303. AUTHORITY TO REQUIRE IMPORT CERTIFICATIONS FOR FOOD.
(a) In General.--Section 801(a) (21 U.S.C. 381(a)) is amended
by inserting after the third sentence the following: ``With
respect to an article of food, if importation of such food is
subject to, but not compliant with, the requirement under
subsection (q) that such food be accompanied by a certification
or other assurance that the food meets applicable requirements
of this Act, then such article shall be refused admission.''.
(b) Addition of Certification Requirement.--Section 801 (21
U.S.C. 381) is amended by adding at the end the following new
subsection:
``(q) Certifications Concerning Imported Foods.--
``(1) In general.--The Secretary may require, as a
condition of granting admission to an article of food
imported or offered for import into the United States,
that an entity described in paragraph (3) provide a
certification, or such other assurances as the
Secretary determines appropriate, that the article of
food complies with applicable requirements of this Act.
Such certification or assurances may be provided in the
form of shipment-specific certificates, a listing of
certified facilities that manufacture, process, pack,
or hold such food, or in such other form as the
Secretary may specify.
``(2) Factors to be considered in requiring
certification.--The Secretary shall base the
determination that an article of food is required to
have a certification described in paragraph (1) on the
risk of the food, including--
``(A) known safety risks associated with the
food;
``(B) known food safety risks associated with
the country, territory, or region of origin of
the food;
``(C) a finding by the Secretary, supported
by scientific, risk-based evidence, that--
``(i) the food safety programs,
systems, and standards in the country,
territory, or region of origin of the
food are inadequate to ensure that the
article of food is as safe as a similar
article of food that is manufactured,
processed, packed, or held in the
United States in accordance with the
requirements of this Act; and
``(ii) the certification would assist
the Secretary in determining whether to
refuse or admit the article of food
under subsection (a); and
``(D) information submitted to the Secretary
in accordance with the process established in
paragraph (7).
``(3) Certifying entities.--For purposes of paragraph
(1), entities that shall provide the certification or
assurances described in such paragraph are--
``(A) an agency or a representative of the
government of the country from which the
article of food at issue originated, as
designated by the Secretary; or
``(B) such other persons or entities
accredited pursuant to section 808 to provide
such certification or assurance.
``(4) Renewal and refusal of certifications.--The
Secretary may--
``(A) require that any certification or other
assurance provided by an entity specified in
paragraph (2) be renewed by such entity at such
times as the Secretary determines appropriate;
and
``(B) refuse to accept any certification or
assurance if the Secretary determines that such
certification or assurance is not valid or
reliable.
``(5) Electronic submission.--The Secretary shall
provide for the electronic submission of certifications
under this subsection.
``(6) False statements.--Any statement or
representation made by an entity described in paragraph
(2) to the Secretary shall be subject to section 1001
of title 18, United States Code.
``(7) Assessment of food safety programs, systems,
and standards.--If the Secretary determines that the
food safety programs, systems, and standards in a
foreign region, country, or territory are inadequate to
ensure that an article of food is as safe as a similar
article of food that is manufactured, processed,
packed, or held in the United States in accordance with
the requirements of this Act, the Secretary shall, to
the extent practicable, identify such inadequacies and
establish a process by which the foreign region,
country, or territory may inform the Secretary of
improvements made to such food safety program, system,
or standard and demonstrate that those controls are
adequate to ensure that an article of food is as safe
as a similar article of food that is manufactured,
processed, packed, or held in the United States in
accordance with the requirements of this Act.''.
(c) Conforming Technical Amendment.--Section 801(b) (21
U.S.C. 381(b)) is amended in the second sentence by striking
``with respect to an article included within the provision of
the fourth sentence of subsection (a)'' and inserting ``with
respect to an article described in subsection (a) relating to
the requirements of sections 760 or 761,''.
(d) No Limit on Authority.--Nothing in the amendments made by
this section shall limit the authority of the Secretary to
conduct inspections of imported food or to take such other
steps as the Secretary deems appropriate to determine the
admissibility of imported food.
SEC. 6304. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS.
(a) In General.--Section 801(m)(1) (21 U.S.C. 381(m)(1)) is
amended by inserting ``any country to which the article has
been refused entry;'' after ``the country from which the
article is shipped;''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue an interim
final rule amending subpart I of part 1 of title 21, Code of
Federal Regulations, to implement the amendment made by this
section.
(c) Effective Date.--The amendment made by this section shall
take effect 180 days after the date of enactment of this Act.
SEC. 6305. BUILDING CAPACITY OF FOREIGN GOVERNMENTS WITH RESPECT TO
FOOD SAFETY.
(a) In General.--The Secretary shall, not later than 2 years
of the date of enactment of this Act, develop a comprehensive
plan to expand the technical, scientific, and regulatory food
safety capacity of foreign governments, and their respective
food industries, from which foods are exported to the United
States.
(b) Consultation.--In developing the plan under subsection
(a), the Secretary shall consult with the Secretary of
Agriculture, Secretary of State, Secretary of the Treasury, the
Secretary of Homeland Security, the United States Trade
Representative, and the Secretary of Commerce, representatives
of the food industry, appropriate foreign government officials,
nongovernmental organizations that represent the interests of
consumers, and other stakeholders.
(c) Plan.--The plan developed under subsection (a) shall
include, as appropriate, the following:
(1) Recommendations for bilateral and multilateral
arrangements and agreements, including provisions to
provide for responsibility of exporting countries to
ensure the safety of food.
(2) Provisions for secure electronic data sharing.
(3) Provisions for mutual recognition of inspection
reports.
(4) Training of foreign governments and food
producers on United States requirements for safe food.
(5) Recommendations on whether and how to harmonize
requirements under the Codex Alimentarius.
(6) Provisions for the multilateral acceptance of
laboratory methods and testing and detection
techniques.
(d) Rule of Construction.--Nothing in this section shall be
construed to affect the regulation of dietary supplements under
the Dietary Supplement Health and Education Act of 1994 (Public
Law 103-417).
SEC. 6306. INSPECTION OF FOREIGN FOOD FACILITIES.
(a) In General.--Chapter VIII (21 U.S.C. 381 et seq.), as
amended by section 6302, is amended by inserting at the end the
following:
``SEC. 807. INSPECTION OF FOREIGN FOOD FACILITIES.
``(a) Inspection.--The Secretary--
``(1) may enter into arrangements and agreements with
foreign governments to facilitate the inspection of
foreign facilities registered under section 415; and
``(2) shall direct resources to inspections of
foreign facilities, suppliers, and food types,
especially such facilities, suppliers, and food types
that present a high risk (as identified by the
Secretary), to help ensure the safety and security of
the food supply of the United States.
``(b) Effect of Inability To Inspect.--Notwithstanding any
other provision of law, food shall be refused admission into
the United States if it is from a foreign factory, warehouse,
or other establishment of which the owner, operator, or agent
in charge, or the government of the foreign country, refuses to
permit entry of United States inspectors or other individuals
duly designated by the Secretary, upon request, to inspect such
factory, warehouse, or other establishment. For purposes of
this subsection, such an owner, operator, or agent in charge
shall be considered to have refused an inspection if such
owner, operator, or agent in charge does not permit an
inspection of a factory, warehouse, or other establishment
during the 24-hour period after such request is submitted, or
after such other time period, as agreed upon by the Secretary
and the foreign factory, warehouse, or other establishment.''.
(b) Inspection by the Secretary of Commerce.--
(1) In general.--The Secretary of Commerce, in
coordination with the Secretary of Health and Human
Services, may send 1 or more inspectors to a country or
facility of an exporter from which seafood imported
into the United States originates. The inspectors shall
assess practices and processes used in connection with
the farming, cultivation, harvesting, preparation for
market, or transportation of such seafood and may
provide technical assistance related to such
activities.
(2) Inspection report.--
(A) In general.--The Secretary of Health and
Human Services, in coordination with the
Secretary of Commerce, shall--
(i) prepare an inspection report for
each inspection conducted under
paragraph (1);
(ii) provide the report to the
country or exporter that is the subject
of the report; and
(iii) provide a 30-day period during
which the country or exporter may
provide a rebuttal or other comments on
the findings of the report to the
Secretary of Health and Human Services.
(B) Distribution and use of report.--The
Secretary of Health and Human Services shall
consider the inspection reports described in
subparagraph (A) in distributing inspection
resources under section 421 of the Federal
Food, Drug, and Cosmetic Act, as added by
section 6201.
SEC. 6307. ACCREDITATION OF THIRD-PARTY AUDITORS.
Chapter VIII (21 U.S.C. 381 et seq.), as amended by section
6306, is amended by adding at the end the following:
``SEC. 808. ACCREDITATION OF THIRD-PARTY AUDITORS.
``(a) Definitions.--In this section:
``(1) Audit agent.--The term `audit agent' means an
individual who is an employee or agent of an accredited
third-party auditor and, although not individually
accredited, is qualified to conduct food safety audits
on behalf of an accredited third-party auditor.
``(2) Accreditation body.--The term `accreditation
body' means an authority that performs accreditation of
third-party auditors.
``(3) Third-party auditor.--The term `third-party
auditor' means a foreign government, agency of a
foreign government, foreign cooperative, or any other
thirdparty, as the Secretary determines appropriate in
accordance with the model standards described in
subsection (b)(2), that is eligible to be considered
for accreditation to conduct food safety audits to
certify that eligible entities meet the applicable
requirements of this section. A third-party auditor may
be a single individual. A third-party auditor may
employ or use audit agents to help conduct consultative
and regulatory audits.
``(4) Accredited third-party auditor.--The term
`accredited third-party auditor' means a third-party
auditor accredited by an accreditation body to conduct
audits of eligible entities to certify that such
eligible entities meet the applicable requirements of
this section. An accredited third-party auditor may be
an individual who conducts food safety audits to
certify that eligible entities meet the applicable
requirements of this section.
``(5) Consultative audit.--The term `consultative
audit' means an audit of an eligible entity--
``(A) to determine whether such entity is in
compliance with the provisions of this Act and
with applicable industry standards and
practices; and
``(B) the results of which are for internal
purposes only.
``(6) Eligible entity.--The term `eligible entity'
means a foreign entity, including a foreign facility
registered under section 415, in the food import supply
chain that chooses to be audited by an accredited
third-party auditor or the audit agent of such
accredited third-party auditor.
``(7) Regulatory audit.--The term `regulatory audit'
means an audit of an eligible entity--
``(A) to determine whether such entity is in
compliance with the provisions of this Act; and
``(B) the results of which determine--
``(i) whether an article of food
manufactured, processed, packed, or
held by such entity is eligible to
receive a food certification under
section 801(q); or
``(ii) whether a facility is eligible
to receive a facility certification
under section 806(a) for purposes of
participating in the program under
section 806.
``(b) Accreditation System.--
``(1) Accreditation bodies.--
``(A) Recognition of accreditation bodies.--
``(i) In general.--Not later than 2
years after the date of enactment of
the FDA Food Safety Modernization Act,
the Secretary shall establish a system
for the recognition of accreditation
bodies that accredit third-party
auditors to certify that eligible
entities meet the applicable
requirements of this section.
``(ii) Direct accreditation.--If, by
the date that is 2 years after the date
of establishment of the system
described in clause (i), the Secretary
has not identified and recognized an
accreditation body to meet the
requirements of this section, the
Secretary may directly accredit third-
party auditors.
``(B) Notification.--Each accreditation body
recognized by the Secretary shall submit to the
Secretary a list of all accredited third-party
auditors accredited by such body and the audit
agents of such auditors.
``(C) Revocation of recognition as an
accreditation body.--The Secretary shall
promptly revoke the recognition of any
accreditation body found not to be in
compliance with the requirements of this
section.
``(D) Reinstatement.--The Secretary shall
establish procedures to reinstate recognition
of an accreditation body if the Secretary
determines, based on evidence presented by such
accreditation body, that revocation was
inappropriate or that the body meets the
requirements for recognition under this
section.
``(2) Model accreditation standards.--Not later than
18 months after the date of enactment of the FDA Food
Safety Modernization Act, the Secretary shall develop
model standards, including requirements for regulatory
audit reports, and each recognized accreditation body
shall ensure that third-party auditors and audit agents
of such auditors meet such standards in order to
qualify such third-party auditors as accredited third-
party auditors under this section. In developing the
model standards, the Secretary shall look to standards
in place on the date of the enactment of this section
for guidance, to avoid unnecessary duplication of
efforts and costs.
``(c) Third-Party Auditors.--
``(1) Requirements for accreditation as a third-party
auditor.--
``(A) Foreign governments.--Prior to
accrediting a foreign government or an agency
of a foreign government as an accredited third-
party auditor, the accreditation body (or, in
the case of direct accreditation under
subsection (b)(1)(A)(ii), the Secretary) shall
perform such reviews and audits of food safety
programs, systems, and standards of the
government or agency of the government as the
Secretary deems necessary, including
requirements under the model standards
developed under subsection (b)(2), to determine
that the foreign government or agency of the
foreign government is capable of adequately
ensuring that eligible entities or foods
certified by such government or agency meet the
requirements of this Act with respect to food
manufactured, processed, packed, or held for
import into the United States.
``(B) Foreign cooperatives and other third
parties.--Prior to accrediting a foreign
cooperative that aggregates the products of
growers or processors, or any other third party
to be an accredited third-party auditor, the
accreditation body (or, in the case of direct
accreditation under subsection (b)(1)(A)(ii),
the Secretary) shall perform such reviews and
audits of the training and qualifications of
audit agents used by that cooperative or party
and conduct such reviews of internal systems
and such other investigation of the cooperative
or party as the Secretary deems necessary,
including requirements under the model
standards developed under subsection (b)(2), to
determine that each eligible entity certified
by the cooperative or party has systems and
standards in use to ensure that such entity or
food meets the requirements of this Act.
``(2) Requirement to issue certification of eligible
entities or foods.--
``(A) In general.--An accreditation body (or,
in the case of direct accreditation under
subsection (b)(1)(A)(ii), the Secretary) may
not accredit a third-party auditor unless such
third-party auditor agrees to issue a written
and, as appropriate, electronic food
certification, described in section 801(q), or
facility certification under section 806(a), as
appropriate, to accompany each food shipment
for import into the United States from an
eligible entity, subject to requirements set
forth by the Secretary. Such written or
electronic certification may be included with
other documentation regarding such food
shipment. The Secretary shall consider
certifications under section 801(q) and
participation in the voluntary qualified
importer program described in section 806 when
targeting inspection resources under section
421.
``(B) Purpose of certification.--The
Secretary shall use certification provided by
accredited third-party auditors to--
``(i) determine, in conjunction with
any other assurances the Secretary may
require under section 801(q), whether a
food satisfies the requirements of such
section; and
``(ii) determine whether a facility
is eligible to be a facility from which
food may be offered for import under
the voluntary qualified importer
program under section 806.
``(C) Requirements for issuing
certification.--
``(i) In general.--An accredited
third-party auditor shall issue a food
certification under section 801(q) or a
facility certification described under
subparagraph (B) only after conducting
a regulatory audit and such other
activities that may be necessary to
establish compliance with the
requirements of such sections.
``(ii) Provision of certification.--
Only an accredited third-party auditor
or the Secretary may provide a facility
certification under section 806(a).
Only those parties described in
801(q)(3) or the Secretary may provide
a food certification under 301(g).
``(3) Audit report submission requirements.--
``(A) Requirements in general.--As a
condition of accreditation, not later than 45
days after conducting an audit, an accredited
third-party auditor or audit agent of such
auditor shall prepare, and, in the case of a
regulatory audit, submit, the audit report for
each audit conducted, in a form and manner
designated by the Secretary, which shall
include--
``(i) the identity of the persons at
the audited eligible entity responsible
for compliance with food safety
requirements;
``(ii) the dates of the audit;
``(iii) the scope of the audit; and
``(iv) any other information required
by the Secretary that relates to or may
influence an assessment of compliance
with this Act.
``(B) Records.--Following any accreditation
of a third-party auditor, the Secretary may, at
any time, require the accredited third-party
auditor to submit to the Secretary an onsite
audit report and such other reports or
documents required as part of the audit
process, for any eligible entity certified by
the third-party auditor or audit agent of such
auditor. Such report may include documentation
that the eligible entity is in compliance with
any applicable registration requirements.
``(C) Limitation.--The requirement under
subparagraph (B) shall not include any report
or other documents resulting from a
consultative audit by the accredited third-
party auditor, except that the Secretary may
access the results of a consultative audit in
accordance with section 414.
``(4) Requirements of accredited third-party auditors
and audit agents of such auditors.--
``(A) Risks to public health.--If, at any
time during an audit, an accredited third-party
auditor or audit agent of such auditor
discovers a condition that could cause or
contribute to a serious risk to the public
health, such auditor shall immediately notify
the Secretary of--
``(i) the identification of the
eligible entity subject to the audit;
and
``(ii) such condition.
``(B) Types of audits.--An accredited third-
party auditor or audit agent of such auditor
may perform consultative and regulatory audits
of eligible entities.
``(C) Limitations.--
``(i) In general.--An accredited
third-party auditor may not perform a
regulatory audit of an eligible entity
if such agent has performed a
consultative audit or a regulatory
audit of such eligible entity during
the previous 13-month period.
``(ii) Waiver.--The Secretary may
waive the application of clause (i) if
the Secretary determines that there is
insufficient access to accredited
third-party auditors in a country or
region.
``(5) Conflicts of interest.--
``(A) Third-party auditors.--An accredited
third-party auditor shall--
``(i) not be owned, managed, or
controlled by any person that owns or
operates an eligible entity to be
certified by such auditor;
``(ii) in carrying out audits of
eligible entities under this section,
have procedures to ensure against the
use of any officer or employee of such
auditor that has a financial conflict
of interest regarding an eligible
entity to be certified by such auditor;
and
``(iii) annually make available to
the Secretary disclosures of the extent
to which such auditor and the officers
and employees of such auditor have
maintained compliance with clauses (i)
and (ii) relating to financial
conflicts of interest.
``(B) Audit agents.--An audit agent shall--
``(i) not own or operate an eligible
entity to be audited by such agent;
``(ii) in carrying out audits of
eligible entities under this section,
have procedures to ensure that such
agent does not have a financial
conflict of interest regarding an
eligible entity to be audited by such
agent; and
``(iii) annually make available to
the Secretary disclosures of the extent
to which such agent has maintained
compliance with clauses (i) and (ii)
relating to financial conflicts of
interest.
``(C) Regulations.--The Secretary shall
promulgate regulations not later than 18 months
after the date of enactment of the FDA Food
Safety Modernization Act to implement this
section and to ensure that there are
protections against conflicts of interest
between an accredited third-party auditor and
the eligible entity to be certified by such
auditor or audited by such audit agent. Such
regulations shall include--
``(i) requiring that audits performed
under this section be unannounced;
``(ii) a structure to decrease the
potential for conflicts of interest,
including timing and public disclosure,
for fees paid by eligible entities to
accredited third-party auditors; and
``(iii) appropriate limits on
financial affiliations between an
accredited third-party auditor or audit
agents of such auditor and any person
that owns or operates an eligible
entity to be certified by such auditor,
as described in subparagraphs (A) and
(B).
``(6) Withdrawal of accreditation.--
``(A) In general.--The Secretary shall
withdraw accreditation from an accredited
third-party auditor--
``(i) if food certified under section
801(q) or from a facility certified
under paragraph (2)(B) by such third-
party auditor is linked to an outbreak
of foodborne illness that has a
reasonable probability of causing
serious adverse health consequences or
death in humans or animals;
``(ii) following an evaluation and
finding by the Secretary that the
third-party auditor no longer meets the
requirements for accreditation; or
``(iii) following a refusal to allow
United States officials to conduct such
audits and investigations as may be
necessary to ensure continued
compliance with the requirements set
forth in this section.
``(B) Additional basis for withdrawal of
accreditation.--The Secretary may withdraw
accreditation from an accredited third-party
auditor in the case that such third-party
auditor is accredited by an accreditation body
for which recognition as an accreditation body
under subsection (b)(1)(C) is revoked, if the
Secretary determines that there is good cause
for the withdrawal.
``(C) Exception.--The Secretary may waive the
application of subparagraph (A)(i) if the
Secretary--
``(i) conducts an investigation of
the material facts related to the
outbreak of human or animal illness;
and
``(ii) reviews the steps or actions
taken by the third-party auditor to
justify the certification and
determines that the accredited third-
party auditor satisfied the
requirements under section 801(q) of
certifying the food, or the
requirements under paragraph (2)(B) of
certifying the entity.
``(7) Reaccreditation.--The Secretary shall establish
procedures to reinstate the accreditation of a third-
party auditor for which accreditation has been
withdrawn under paragraph (6)--
``(A) if the Secretary determines, based on
evidence presented, that the third-party
auditor satisfies the requirements of this
section and adequate grounds for revocation no
longer exist; and
``(B) in the case of a third-party auditor
accredited by an accreditation body for which
recognition as an accreditation body under
subsection (b)(1)(C) is revoked--
``(i) if the third-party auditor
becomes accredited not later than 1
year after revocation of accreditation
under paragraph (6)(A), through direct
accreditation under subsection
(b)(1)(A)(ii) or by an accreditation
body in good standing; or
``(ii) under such conditions as the
Secretary may require for a third-party
auditor under paragraph (6)(B).
``(8) Neutralizing costs.--The Secretary shall
establish by regulation a reimbursement (user fee)
program, similar to the method described in section
203(h) of the Agriculture Marketing Act of 1946, by
which the Secretary assesses fees and requires
accredited third-party auditors and audit agents to
reimburse the Food and Drug Administration for the work
performed to establish and administer the accreditation
system under this section. The Secretary shall make
operating this program revenue-neutral and shall not
generate surplus revenue from such a reimbursement
mechanism. Fees authorized under this paragraph shall
be collected and available for obligation only to the
extent and in the amount provided in advance in
appropriation Acts. Such fees are authorized to remain
available until expended.
``(d) Recertification of Eligible Entities.--An eligible
entity shall apply for annual recertification by an accredited
third-party auditor if such entity--
``(1) intends to participate in voluntary qualified
importer program under section 806; or
``(2) is required to provide to the Secretary a
certification under section 801(q) for any food from
such entity.
``(e) False Statements.--Any statement or representation
made--
``(1) by an employee or agent of an eligible entity
to an accredited third-party auditor or audit agent; or
``(2) by an accredited third-party auditor to the
Secretary,
shall be subject to section 1001 of title 18, United States
Code.
``(f) Monitoring.--To ensure compliance with the requirements
of this section, the Secretary shall--
``(1) periodically, or at least once every 4 years,
reevaluate the accreditation bodies described in
subsection (b)(1);
``(2) periodically, or at least once every 4 years,
evaluate the performance of each accredited third-party
auditor, through the review of regulatory audit reports
by such auditors, the compliance history as available
of eligible entities certified by such auditors, and
any other measures deemed necessary by the Secretary;
``(3) at any time, conduct an onsite audit of any
eligible entity certified by an accredited third-party
auditor, with or without the auditor present; and
``(4) take any other measures deemed necessary by the
Secretary.
``(g) Publicly Available Registry.--The Secretary shall
establish a publicly available registry of accreditation bodies
and of accredited third-party auditors, including the name of,
contact information for, and other information deemed necessary
by the Secretary about such bodies and auditors.
``(h) Limitations.--
``(1) No effect on section 704 inspections.--The
audits performed under this section shall not be
considered inspections under section 704.
``(2) No effect on inspection authority.--Nothing in
this section affects the authority of the Secretary to
inspect any eligible entity pursuant to this Act.''.
SEC. 6308. FOREIGN OFFICES OF THE FOOD AND DRUG ADMINISTRATION.
(a) In General.--The Secretary shall establish offices of the
Food and Drug Administration in foreign countries selected by
the Secretary, to provide assistance to the appropriate
governmental entities of such countries with respect to
measures to provide for the safety of articles of food and
other products regulated by the Food and Drug Administration
exported by such country to the United States, including by
directly conducting risk-based inspections of such articles and
supporting such inspections by such governmental entity.
(b) Consultation.--In establishing the foreign offices
described in subsection (a), the Secretary shall consult with
the Secretary of State, the Secretary of Homeland Security, and
the United States Trade Representative.
(c) Report.--Not later than October 1, 2011, the Secretary
shall submit to Congress a report on the basis for the
selection by the Secretary of the foreign countries in which
the Secretary established offices, the progress which such
offices have made with respect to assisting the governments of
such countries in providing for the safety of articles of food
and other products regulated by the Food and Drug
Administration exported to the United States, and the plans of
the Secretary for establishing additional foreign offices of
the Food and Drug Administration, as appropriate.
SEC. 6309. SMUGGLED FOOD.
(a) In General.--Not later than 180 days after the enactment
of this Act, the Secretary shall, in coordination with the
Secretary of Homeland Security, develop and implement a
strategy to better identify smuggled food and prevent entry of
such food into the United States.
(b) Notification to Homeland Security.--Not later than 10
days after the Secretary identifies a smuggled food that the
Secretary believes would cause serious adverse health
consequences or death to humans or animals, the Secretary shall
provide to the Secretary of Homeland Security a notification
under section 417(n) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 350f(k)) describing the smuggled food and, if
available, the names of the individuals or entities that
attempted to import such food into the United States.
(c) Public Notification.--If the Secretary--
(1) identifies a smuggled food;
(2) reasonably believes exposure to the food would
cause serious adverse health consequences or death to
humans or animals; and
(3) reasonably believes that the food has entered
domestic commerce and is likely to be consumed,
the Secretary shall promptly issue a press release describing
that food and shall use other emergency communication or recall
networks, as appropriate, to warn consumers and vendors about
the potential threat.
(d) Effect of Section.--Nothing in this section shall affect
the authority of the Secretary to issue public notifications
under other circumstances.
(e) Definition.--In this subsection, the term ``smuggled
food'' means any food that a person introduces into the United
States through fraudulent means or with the intent to defraud
or mislead.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 6401. FUNDING FOR FOOD SAFETY.
(a) In General.--There are authorized to be appropriated to
carry out the activities of the Center for Food Safety and
Applied Nutrition, the Center for Veterinary Medicine, and
related field activities in the Office of Regulatory Affairs of
the Food and Drug Administration such sums as may be necessary
for fiscal years 2011 through 2015.
(b) Increased Number of Field Staff.--
(1) In general.--To carry out the activities of the
Center for Food Safety and Applied Nutrition, the
Center for Veterinary Medicine, and related field
activities of the Office of Regulatory Affairs of the
Food and Drug Administration, the Secretary of Health
and Human Services shall increase the field staff of
such Centers and Office with a goal of not fewer than--
(A) 4,000 staff members in fiscal year 2011;
(B) 4,200 staff members in fiscal year 2012;
(C) 4,600 staff members in fiscal year 2013;
and
(D) 5,000 staff members in fiscal year 2014.
(2) Field staff for food defense.--The goal under
paragraph (1) shall include an increase of 150
employees by fiscal year 2011 to--
(A) provide additional detection of and
response to food defense threats; and
(B) detect, track, and remove smuggled food
(as defined in section 6309) from commerce.
SEC. 6402. EMPLOYEE PROTECTIONS.
Chapter X of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 391 et seq.), as amended by section 6209, is further
amended by adding at the end the following:
``SEC. 1013. EMPLOYEE PROTECTIONS.
``(a) In General.--No entity engaged in the manufacture,
processing, packing, transporting, distribution, reception,
holding, or importation of food may discharge an employee or
otherwise discriminate against an employee with respect to
compensation, terms, conditions, or privileges of employment
because the employee, whether at the employee's initiative or
in the ordinary course of the employee's duties (or any person
acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided to the employer, the
Federal Government, or the attorney general of a State
information relating to any violation of, or any act or
omission the employee reasonably believes to be a
violation of any provision of this Act or any order,
rule, regulation, standard, or ban under this Act, or
any order, rule, regulation, standard, or ban under
this Act;
``(2) testified or is about to testify in a
proceeding concerning such violation;
``(3) assisted or participated or is about to assist
or participate in such a proceeding; or
``(4) objected to, or refused to participate in, any
activity, policy, practice, or assigned task that the
employee (or other such person) reasonably believed to
be in violation of any provision of this Act, or any
order, rule, regulation, standard, or ban under this
Act.
``(b) Process.--
``(1) In general.--A person who believes that he or
she has been discharged or otherwise discriminated
against by any person in violation of subsection (a)
may, not later than 180 days after the date on which
such violation occurs, file (or have any person file on
his or her behalf) a complaint with the Secretary of
Labor (referred to in this section as the `Secretary')
alleging such discharge or discrimination and
identifying the person responsible for such act. Upon
receipt of such a complaint, the Secretary shall
notify, in writing, the person named in the complaint
of the filing of the complaint, of the allegations
contained in the complaint, of the substance of
evidence supporting the complaint, and of the
opportunities that will be afforded to such person
under paragraph (2).
``(2) Investigation.--
``(A) In general.--Not later than 60 days
after the date of receipt of a complaint filed
under paragraph (1) and after affording the
complainant and the person named in the
complaint an opportunity to submit to the
Secretary a written response to the complaint
and an opportunity to meet with a
representative of the Secretary to present
statements from witnesses, the Secretary shall
initiate an investigation and determine whether
there is reasonable cause to believe that the
complaint has merit and notify, in writing, the
complainant and the person alleged to have
committed a violation of subsection (a) of the
Secretary's findings.
``(B) Reasonable cause found; preliminary
order.--If the Secretary concludes that there
is reasonable cause to believe that a violation
of subsection (a) has occurred, the Secretary
shall accompany the Secretary's findings with a
preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than
30 days after the date of notification of
findings under this paragraph, the person
alleged to have committed the violation or the
complainant may file objections to the findings
or preliminary order, or both, and request a
hearing on the record. The filing of such
objections shall not operate to stay any
reinstatement remedy contained in the
preliminary order. Any such hearing shall be
conducted expeditiously. If a hearing is not
requested in such 30-day period, the
preliminary order shall be deemed a final order
that is not subject to judicial review.
``(C) Dismissal of complaint.--
``(i) Standard for complainant.--The
Secretary shall dismiss a complaint
filed under this subsection and shall
not conduct an investigation otherwise
required under subparagraph (A) unless
the complainant makes a prima facie
showing that any behavior described in
paragraphs (1) through (4) of
subsection (a) was a contributing
factor in the unfavorable personnel
action alleged in the complaint.
``(ii) Standard for employer.--
Notwithstanding a finding by the
Secretary that the complainant has made
the showing required under clause (i),
no investigation otherwise required
under subparagraph (A) shall be
conducted if the employer demonstrates,
by clear and convincing evidence, that
the employer would have taken the same
unfavorable personnel action in the
absence of that behavior.
``(iii) Violation standard.--The
Secretary may determine that a
violation of subsection (a) has
occurred only if the complainant
demonstrates that any behavior
described in paragraphs (1) through (4)
of subsection (a) was a contributing
factor in the unfavorable personnel
action alleged in the complaint.
``(iv) Relief standard.--Relief may
not be ordered under subparagraph (A)
if the employer demonstrates by clear
and convincing evidence that the
employer would have taken the same
unfavorable personnel action in the
absence of that behavior.
``(3) Final order.--
``(A) In general.--Not later than 120 days
after the date of conclusion of any hearing
under paragraph (2), the Secretary shall issue
a final order providing the relief prescribed
by this paragraph or denying the complaint. At
any time before issuance of a final order, a
proceeding under this subsection may be
terminated on the basis of a settlement
agreement entered into by the Secretary, the
complainant, and the person alleged to have
committed the violation.
``(B) Content of order.--If, in response to a
complaint filed under paragraph (1), the
Secretary determines that a violation of
subsection (a) has occurred, the Secretary
shall order the person who committed such
violation--
``(i) to take affirmative action to
abate the violation;
``(ii) to reinstate the complainant
to his or her former position together
with compensation (including back pay)
and restore the terms, conditions, and
privileges associated with his or her
employment; and
``(iii) to provide compensatory
damages to the complainant.
``(C) Penalty.--If such an order is issued
under this paragraph, the Secretary, at the
request of the complainant, shall assess
against the person against whom the order is
issued a sum equal to the aggregate amount of
all costs and expenses (including attorneys'
and expert witness fees) reasonably incurred,
as determined by the Secretary, by the
complainant for, or in connection with, the
bringing of the complaint upon which the order
was issued.
``(D) Bad faith claim.--If the Secretary
finds that a complaint under paragraph (1) is
frivolous or has been brought in bad faith, the
Secretary may award to the prevailing employer
a reasonable attorneys' fee, not exceeding
$1,000, to be paid by the complainant.
``(4) Action in court.--
``(A) In general.--If the Secretary has not
issued a final decision within 210 days after
the filing of the complaint, or within 90 days
after receiving a written determination, the
complainant may bring an action at law or
equity for de novo review in the appropriate
district court of the United States with
jurisdiction, which shall have jurisdiction
over such an action without regard to the
amount in controversy, and which action shall,
at the request of either party to such action,
be tried by the court with a jury. The
proceedings shall be governed by the same legal
burdens of proof specified in paragraph (2)(C).
``(B) Relief.--The court shall have
jurisdiction to grant all relief necessary to
make the employee whole, including injunctive
relief and compensatory damages, including--
``(i) reinstatement with the same
seniority status that the employee
would have had, but for the discharge
or discrimination;
``(ii) the amount of back pay, with
interest; and
``(iii) compensation for any special
damages sustained as a result of the
discharge or discrimination, including
litigation costs, expert witness fees,
and reasonable attorney's fees.
``(5) Review.--
``(A) In general.--Unless the complainant
brings an action under paragraph (4), any
person adversely affected or aggrieved by a
final order issued under paragraph (3) may
obtain review of the order in the United States
Court of Appeals for the circuit in which the
violation, with respect to which the order was
issued, allegedly occurred or the circuit in
which the complainant resided on the date of
such violation. The petition for review must be
filed not later than 60 days after the date of
the issuance of the final order of the
Secretary. Review shall conform to chapter 7 of
title 5, United States Code. The commencement
of proceedings under this subparagraph shall
not, unless ordered by the court, operate as a
stay of the order.
``(B) No judicial review.--An order of the
Secretary with respect to which review could
have been obtained under subparagraph (A) shall
not be subject to judicial review in any
criminal or other civil proceeding.
``(6) Failure to comply with order.--Whenever any
person has failed to comply with an order issued under
paragraph (3), the Secretary may file a civil action in
the United States district court for the district in
which the violation was found to occur, or in the
United States district court for the District of
Columbia, to enforce such order. In actions brought
under this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including,
but not limited to, injunctive relief and compensatory
damages.
``(7) Civil action to require compliance.--
``(A) In general.--A person on whose behalf
an order was issued under paragraph (3) may
commence a civil action against the person to
whom such order was issued to require
compliance with such order. The appropriate
United States district court shall have
jurisdiction, without regard to the amount in
controversy or the citizenship of the parties,
to enforce such order.
``(B) Award.--The court, in issuing any final
order under this paragraph, may award costs of
litigation (including reasonable attorneys' and
expert witness fees) to any party whenever the
court determines such award is appropriate.
``(c) Effect of Section.--
``(1) Other laws.--Nothing in this section preempts
or diminishes any other safeguards against
discrimination, demotion, discharge, suspension,
threats, harassment, reprimand, retaliation, or any
other manner of discrimination provided by Federal or
State law.
``(2) Rights of employees.--Nothing in this section
shall be construed to diminish the rights, privileges,
or remedies of any employee under any Federal or State
law or under any collective bargaining agreement. The
rights and remedies in this section may not be waived
by any agreement, policy, form, or condition of
employment.
``(d) Enforcement.--Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28, United States Code.
``(e) Limitation.--Subsection (a) shall not apply with
respect to an employee of an entity engaged in the manufacture,
processing, packing, transporting, distribution, reception,
holding, or importation of food who, acting without direction
from such entity (or such entity's agent), deliberately causes
a violation of any requirement relating to any violation or
alleged violation of any order, rule, regulation, standard, or
ban under this Act.''.
SEC. 6403. JURISDICTION; AUTHORITIES.
Nothing in this Act, or an amendment made by this Act, shall
be construed to--
(1) alter the jurisdiction between the Secretary of
Agriculture and the Secretary of Health and Human
Services, under applicable statutes, regulations, or
agreements regarding voluntary inspection of non-
amenable species under the Agricultural Marketing Act
of 1946 (7 U.S.C. 1621 et seq.);
(2) alter the jurisdiction between the Alcohol and
Tobacco Tax and Trade Bureau and the Secretary of
Health and Human Services, under applicable statutes
and regulations;
(3) limit the authority of the Secretary of Health
and Human Services under--
(A) the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.) as in effect on the day
before the date of enactment of this Act; or
(B) the Public Health Service Act (42 U.S.C.
301 et seq.) as in effect on the day before the
date of enactment of this Act;
(4) alter or limit the authority of the Secretary of
Agriculture under the laws administered by such
Secretary, including--
(A) the Federal Meat Inspection Act (21
U.S.C. 601 et seq.);
(B) the Poultry Products Inspection Act (21
U.S.C. 451 et seq.);
(C) the Egg Products Inspection Act (21
U.S.C. 1031 et seq.);
(D) the United States Grain Standards Act (7
U.S.C. 71 et seq.);
(E) the Packers and Stockyards Act, 1921 (7
U.S.C. 181 et seq.);
(F) the United States Warehouse Act (7 U.S.C.
241 et seq.);
(G) the Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.); and
(H) the Agricultural Adjustment Act (7 U.S.C.
601 et seq.), reenacted with the amendments
made by the Agricultural Marketing Agreement
Act of 1937; or
(5) alter, impede, or affect the authority of the
Secretary of Homeland Security under the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) or any
other statute, including any authority related to
securing the borders of the United States, managing
ports of entry, or agricultural import and entry
inspection activities.
SEC. 6404. COMPLIANCE WITH INTERNATIONAL AGREEMENTS.
Nothing in this Act (or an amendment made by this Act) shall
be construed in a manner inconsistent with the agreement
establishing the World Trade Organization or any other treaty
or international agreement to which the United States is a
party.
SEC. 6405. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on this conference
report or amendment between the Houses.