[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3082 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
December 8, 2010.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 3082) entitled ``An Act 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.'', with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, 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.
Attest:
Clerk.
111th CONGRESS
2d Session
H.R. 3082
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT