[Congressional Record Volume 156, Number 161 (Wednesday, December 8, 2010)]
[House]
[Pages H8152-H8213]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2011

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 1755, I call up 
the bill (H.R. 3082) making appropriations for military construction, 
the Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2010, and for other purposes, with the Senate 
amendment thereto, and I have a motion at the desk.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will designate the Senate 
amendment.
  The text of the Senate amendment is as follows:

       Senate amendment:

                                H.R. 3082

       Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for military 
     construction, the Department of Veterans Affairs, and related 
     agencies for the fiscal year ending September 30, 2010, and 
     for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Army as 
     currently authorized by law, including personnel in the Army 
     Corps of Engineers and other personal services necessary for 
     the purposes of this appropriation, and for construction and 
     operation of facilities in support of the functions of the 
     Commander in Chief, $3,477,673,000, to remain available until 
     September 30, 2014: Provided, That of this amount, not to 
     exceed $191,573,000 shall be available for study, planning, 
     design, architect and engineer services, and host nation 
     support, as authorized by law, unless the Secretary of 
     Defense determines that additional obligations are necessary 
     for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor: Provided further, 
     That the amounts made available under this heading shall be 
     expended for the projects and activities, and in the amounts 
     specified, under this heading in the Committee 
     recommendations and detail tables, including the table 
     entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

              Military Construction, Navy and Marine Corps

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, naval installations, 
     facilities, and real property for the Navy and Marine Corps 
     as currently authorized by law, including personnel in the 
     Naval Facilities Engineering Command and other personal 
     services necessary for the purposes of this appropriation, 
     $3,548,771,000, to remain available until September 30, 2014: 
     Provided, That of this amount, not to exceed $176,896,000 
     shall be available for study, planning, design, and architect 
     and engineer services, as authorized by law, unless the 
     Secretary of Defense determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor: Provided further, 
     That the amounts made available under this heading shall be 
     expended for the projects and activities, and in the amounts 
     specified, under this heading in the Committee 
     recommendations and detail tables, including the table 
     entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

                    Military Construction, Air Force

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Air 
     Force as currently authorized by law, $1,213,539,000, to 
     remain available until September 30, 2014, of which 
     $9,800,000 shall be for an Aircraft Fuel Systems Maintenance 
     Dock at Columbus AFB, Mississippi: Provided, That of this 
     amount, not to exceed $106,918,000 shall be available for 
     study, planning, design, and architect and engineer services, 
     as authorized by law, unless the Secretary of Defense 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of the determination and the reasons 
     therefor: Provided further, That the amounts made available 
     under this heading shall be expended for the projects and 
     activities, and in the amounts specified, under this heading 
     in the Committee recommendations and detail tables, including 
     the table entitled ``Military Construction Projects Listing 
     by Location'' in the report accompanying this Act.

                  Military Construction, Defense-Wide

                     (including transfer of funds)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, installations, 
     facilities, and real property for activities and agencies of 
     the Department of Defense (other than the military 
     departments), as currently authorized by law, $3,069,114,000, 
     to remain available until September 30, 2014: Provided, That 
     such amounts of this appropriation as may be determined by 
     the Secretary of Defense may be transferred to such 
     appropriations of the Department of Defense available for 
     military construction or family housing as the Secretary may 
     designate, to be merged with and to be available for the same 
     purposes, and for the same time period, as the appropriation 
     or fund to which transferred: Provided further, That of the 
     amount appropriated, not to exceed $142,942,000 shall be 
     available for study, planning, design, and architect

[[Page H8153]]

     and engineer services, as authorized by law, unless the 
     Secretary of Defense determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor: Provided further, 
     That the amounts made available under this heading shall be 
     expended for the projects and activities, and in the amounts 
     specified, under this heading in the Committee 
     recommendations and detail tables, including the table 
     entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

               Military Construction, Army National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $497,210,000, to remain available until September 30, 2014: 
     Provided, That the amounts made available under this heading 
     shall be expended for the projects and activities, and in the 
     amounts specified, under this heading in the Committee 
     recommendations and detail tables, including the table 
     entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

               Military Construction, Air National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $297,661,000, to remain available until September 30, 2014: 
     Provided, That the amounts made available under this heading 
     shall be expended for the projects and activities, and in the 
     amounts specified, under this heading in the Committee 
     recommendations and detail tables, including the table 
     entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

                  Military Construction, Army Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army Reserve as authorized by chapter 
     1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $379,012,000, to remain 
     available until September 30, 2014: Provided, That the 
     amounts made available under this heading shall be expended 
     for the projects and activities, and in the amounts 
     specified, under this heading in the Committee 
     recommendations and detail tables, including the table 
     entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

                  Military Construction, Navy Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the reserve components of the Navy and 
     Marine Corps as authorized by chapter 1803 of title 10, 
     United States Code, and Military Construction Authorization 
     Acts, $64,124,000, to remain available until September 30, 
     2014: Provided, That the amounts made available under this 
     heading shall be expended for the projects and activities, 
     and in the amounts specified, under this heading in the 
     Committee recommendations and detail tables, including the 
     table entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

                Military Construction, Air Force Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air Force Reserve as authorized by 
     chapter 1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $47,376,000, to remain 
     available until September 30, 2014: Provided, That the 
     amounts made available under this heading shall be expended 
     for the projects and activities, and in the amounts 
     specified, under this heading in the Committee 
     recommendations and detail tables, including the table 
     entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

     North Atlantic Treaty Organization Security Investment Program

       For the United States share of the cost of the North 
     Atlantic Treaty Organization Security Investment Program for 
     the acquisition and construction of military facilities and 
     installations (including international military headquarters) 
     and for related expenses for the collective defense of the 
     North Atlantic Treaty Area as authorized by section 2806 of 
     title 10, United States Code, and Military Construction 
     Authorization Acts, $276,314,000, to remain available until 
     expended: Provided, That of the amount appropriated, not to 
     exceed $41,400,000 shall be available for the United States 
     share of the planning, design and construction of a new North 
     Atlantic Treaty Organization headquarters.

                   Family Housing Construction, Army

       For expenses of family housing for the Army for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $273,236,000, to remain available until September 30, 2014: 
     Provided, That the amounts made available under this heading 
     shall be expended for the projects and activities, and in the 
     amounts specified, under this heading in the Committee 
     recommendations and detail tables, including the table 
     entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

             Family Housing Operation and Maintenance, Army

       For expenses of family housing for the Army for operation 
     and maintenance, including debt payment, leasing, minor 
     construction, principal and interest charges, and insurance 
     premiums, as authorized by law, $523,418,000.

           Family Housing Construction, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for construction, including acquisition, replacement, 
     addition, expansion, extension, and alteration, as authorized 
     by law, $146,569,000, to remain available until September 30, 
     2014: Provided, That the amounts made available under this 
     heading shall be expended for the projects and activities, 
     and in the amounts specified, under this heading in the 
     Committee recommendations and detail tables, including the 
     table entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

    Family Housing Operation and Maintenance, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for operation and maintenance, including debt payment, 
     leasing, minor construction, principal and interest charges, 
     and insurance premiums, as authorized by law, $368,540,000.

                 Family Housing Construction, Air Force

       For expenses of family housing for the Air Force for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $66,101,000, to remain available until September 30, 2014: 
     Provided, That the amounts made available under this heading 
     shall be expended for the projects and activities, and in the 
     amounts specified, under this heading in the Committee 
     recommendations and detail tables, including the table 
     entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

          Family Housing Operation and Maintenance, Air Force

       For expenses of family housing for the Air Force for 
     operation and maintenance, including debt payment, leasing, 
     minor construction, principal and interest charges, and 
     insurance premiums, as authorized by law, $502,936,000.

               Family Housing Construction, Defense-Wide

       For expenses of family housing for the activities and 
     agencies of the Department of Defense (other than the 
     military departments) for construction, including 
     acquisition, replacement, addition, expansion, extension and 
     alteration, as authorized by law, $2,859,000, to remain 
     available until September 30, 2014: Provided, That the 
     amounts made available under this heading shall be expended 
     for the projects and activities, and in the amounts 
     specified, under this heading in the Committee 
     recommendations and detail tables, including the table 
     entitled ``Military Construction Projects Listing by 
     Location'' in the report accompanying this Act.

         Family Housing Operation and Maintenance, Defense-Wide

       For expenses of family housing for the activities and 
     agencies of the Department of Defense (other than the 
     military departments) for operation and maintenance, leasing, 
     and minor construction, as authorized by law, $49,214,000.

         Department of Defense Family Housing Improvement Fund

       For the Department of Defense Family Housing Improvement 
     Fund, $2,600,000, to remain available until expended, for 
     family housing initiatives undertaken pursuant to section 
     2883 of title 10, United States Code, providing alternative 
     means of acquiring and improving military family housing and 
     supporting facilities.

                       Homeowners Assistance Fund

       For the Homeowners Assistance Fund established by section 
     1013 of the Demonstration Cities and Metropolitan Development 
     Act of 1966 (42 U.S.C. 3374), as amended by section 1001 of 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5; 123 Stat. 194), $373,225,000, to 
     remain available until expended.

          Chemical Demilitarization Construction, Defense-Wide

       For expenses of construction, not otherwise provided for, 
     necessary for the destruction of the United States stockpile 
     of lethal chemical agents and munitions in accordance with 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, as currently authorized by law, 
     $151,541,000, to remain available until September 30, 2014, 
     which shall be only for the Assembled Chemical Weapons 
     Alternatives program: Provided, That the amounts made 
     available under this heading shall be expended for the 
     projects and activities, and in the amounts specified, under 
     this heading in the Committee recommendations and detail 
     tables, including the table entitled ``Military Construction 
     Projects Listing by Location'' in the report accompanying 
     this Act.

            Department of Defense Base Closure Account 1990

       For deposit into the Department of Defense Base Closure 
     Account 1990, established by section 2906(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $421,768,000, to remain available until expended.

            Department of Defense Base Closure Account 2005

       For deposit into the Department of Defense Base Closure 
     Account 2005, established by section 2906A(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $7,479,498,000, to remain available until 
     expended: Provided, That the Department of Defense shall 
     notify the Committees on Appropriations of both Houses of 
     Congress 14 days

[[Page H8154]]

     prior to obligating an amount for a construction project that 
     exceeds or reduces the amount identified for that project in 
     the most recently submitted budget request for this account 
     by 20 percent or $2,000,000, whichever is less: Provided 
     further, That the previous proviso shall not apply to 
     projects costing less than $5,000,000, except for those 
     projects not previously identified in any budget submission 
     for this account and exceeding the minor construction 
     threshold under 10 U.S.C. 2805.

                       Administrative Provisions

       Sec. 101.  None of the funds made available in this title 
     shall be expended for payments under a cost-plus-a-fixed-fee 
     contract for construction, where cost estimates exceed 
     $25,000, to be performed within the United States, except 
     Alaska, without the specific approval in writing of the 
     Secretary of Defense setting forth the reasons therefor.
       Sec. 102.  Funds made available in this title for 
     construction shall be available for hire of passenger motor 
     vehicles.
       Sec. 103.  Funds made available in this title for 
     construction may be used for advances to the Federal Highway 
     Administration, Department of Transportation, for the 
     construction of access roads as authorized by section 210 of 
     title 23, United States Code, when projects authorized 
     therein are certified as important to the national defense by 
     the Secretary of Defense.
       Sec. 104.  None of the funds made available in this title 
     may be used to begin construction of new bases in the United 
     States for which specific appropriations have not been made.
       Sec. 105.  None of the funds made available in this title 
     shall be used for purchase of land or land easements in 
     excess of 100 percent of the value as determined by the Army 
     Corps of Engineers or the Naval Facilities Engineering 
     Command, except: (1) where there is a determination of value 
     by a Federal court; (2) purchases negotiated by the Attorney 
     General or the designee of the Attorney General; (3) where 
     the estimated value is less than $25,000; or (4) as otherwise 
     determined by the Secretary of Defense to be in the public 
     interest.
       Sec. 106.  None of the funds made available in this title 
     shall be used to: (1) acquire land; (2) provide for site 
     preparation; or (3) install utilities for any family housing, 
     except housing for which funds have been made available in 
     annual Acts making appropriations for military construction.
       Sec. 107.  None of the funds made available in this title 
     for minor construction may be used to transfer or relocate 
     any activity from one base or installation to another, 
     without prior notification to the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 108.  None of the funds made available in this title 
     may be used for the procurement of steel for any construction 
     project or activity for which American steel producers, 
     fabricators, and manufacturers have been denied the 
     opportunity to compete for such steel procurement.
       Sec. 109.  None of the funds available to the Department of 
     Defense for military construction or family housing during 
     the current fiscal year may be used to pay real property 
     taxes in any foreign nation.
       Sec. 110.  None of the funds made available in this title 
     may be used to initiate a new installation overseas without 
     prior notification to the Committees on Appropriations of 
     both Houses of Congress.
       Sec. 111.  None of the funds made available in this title 
     may be obligated for architect and engineer contracts 
     estimated by the Government to exceed $500,000 for projects 
     to be accomplished in Japan, in any North Atlantic Treaty 
     Organization member country, or in countries bordering the 
     Arabian Sea, unless such contracts are awarded to United 
     States firms or United States firms in joint venture with 
     host nation firms.
       Sec. 112.  None of the funds made available in this title 
     for military construction in the United States territories 
     and possessions in the Pacific and on Kwajalein Atoll, or in 
     countries bordering the Arabian Sea, may be used to award any 
     contract estimated by the Government to exceed $1,000,000 to 
     a foreign contractor: Provided, That this section shall not 
     be applicable to contract awards for which the lowest 
     responsive and responsible bid of a United States contractor 
     exceeds the lowest responsive and responsible bid of a 
     foreign contractor by greater than 20 percent: Provided 
     furtherThat this section shall not apply to contract awards 
     for military construction on Kwajalein Atoll for which the 
     lowest responsive and responsible bid is submitted by a 
     Marshallese contractor.
       Sec. 113.  The Secretary of Defense is to inform the 
     appropriate committees of both Houses of Congress, including 
     the Committees on Appropriations, of the plans and scope of 
     any proposed military exercise involving United States 
     personnel 30 days prior to its occurring, if amounts expended 
     for construction, either temporary or permanent, are 
     anticipated to exceed $100,000.
       Sec. 114.  Not more than 20 percent of the funds made 
     available in this title which are limited for obligation 
     during the current fiscal year shall be obligated during the 
     last two months of the fiscal year.

                     (including transfer of funds)

       Sec. 115.  Funds appropriated to the Department of Defense 
     for construction in prior years shall be available for 
     construction authorized for each such military department by 
     the authorizations enacted into law during the current 
     session of Congress.
       Sec. 116.  For military construction or family housing 
     projects that are being completed with funds otherwise 
     expired or lapsed for obligation, expired or lapsed funds may 
     be used to pay the cost of associated supervision, 
     inspection, overhead, engineering and design on those 
     projects and on subsequent claims, if any.
       Sec. 117.  Notwithstanding any other provision of law, any 
     funds made available to a military department or defense 
     agency for the construction of military projects may be 
     obligated for a military construction project or contract, or 
     for any portion of such a project or contract, at any time 
     before the end of the fourth fiscal year after the fiscal 
     year for which funds for such project were made available, if 
     the funds obligated for such project: (1) are obligated from 
     funds available for military construction projects; and (2) 
     do not exceed the amount appropriated for such project, plus 
     any amount by which the cost of such project is increased 
     pursuant to law.
       Sec. 118. (a) The Secretary of Defense, in consultation 
     with the Secretary of State, shall submit to the Committees 
     on Appropriations of both Houses of Congress, by February 15 
     of each year, an annual report in unclassified and, if 
     necessary, classified form, on actions taken by the 
     Department of Defense and the Department of State during the 
     previous fiscal year to encourage host countries to assume a 
     greater share of the common defense burden of such countries 
     and the United States.
       (b) The report under subsection (a) shall include a 
     description of--
       (1) attempts to secure cash and in-kind contributions from 
     host countries for military construction projects;
       (2) attempts to achieve economic incentives offered by host 
     countries to encourage private investment for the benefit of 
     the United States Armed Forces;
       (3) attempts to recover funds due to be paid to the United 
     States by host countries for assets deeded or otherwise 
     imparted to host countries upon the cessation of United 
     States operations at military installations;
       (4) the amount spent by host countries on defense, in 
     dollars and in terms of the percent of gross domestic product 
     (GDP) of the host country; and
       (5) for host countries that are members of the North 
     Atlantic Treaty Organization (NATO), the amount contributed 
     to NATO by host countries, in dollars and in terms of the 
     percent of the total NATO budget.
       (c) In this section, the term ``host country'' means other 
     member countries of NATO, Japan, South Korea, and United 
     States allies bordering the Arabian Sea.

                     (including transfer of funds)

       Sec. 119.  In addition to any other transfer authority 
     available to the Department of Defense, proceeds deposited to 
     the Department of Defense Base Closure Account established by 
     section 207(a)(1) of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (10 U.S.C. 2687 note) 
     pursuant to section 207(a)(2)(C) of such Act, may be 
     transferred to the account established by section 2906(a)(1) 
     of the Defense Base Closure and Realignment Act of 1990 (10 
     U.S.C. 2687 note), to be merged with, and to be available for 
     the same purposes and the same time period as that account.

                     (including transfer of funds)

       Sec. 120.  Subject to 30 days prior notification to the 
     Committees on Appropriations of both Houses of Congress, such 
     additional amounts as may be determined by the Secretary of 
     Defense may be transferred to: (1) the Department of Defense 
     Family Housing Improvement Fund from amounts appropriated for 
     construction in ``Family Housing'' accounts, to be merged 
     with and to be available for the same purposes and for the 
     same period of time as amounts appropriated directly to the 
     Fund; or (2) the Department of Defense Military Unaccompanied 
     Housing Improvement Fund from amounts appropriated for 
     construction of military unaccompanied housing in ``Military 
     Construction'' accounts, to be merged with and to be 
     available for the same purposes and for the same period of 
     time as amounts appropriated directly to the Fund: Provided, 
     That appropriations made available to the Funds shall be 
     available to cover the costs, as defined in section 502(5) of 
     the Congressional Budget Act of 1974, of direct loans or loan 
     guarantees issued by the Department of Defense pursuant to 
     the provisions of subchapter IV of chapter 169 of title 10, 
     United States Code, pertaining to alternative means of 
     acquiring and improving military family housing, military 
     unaccompanied housing, and supporting facilities.
       Sec. 121. (a) Not later than 60 days before issuing any 
     solicitation for a contract with the private sector for 
     military family housing the Secretary of the military 
     department concerned shall submit to the Committees on 
     Appropriations of both Houses of Congress the notice 
     described in subsection (b).
       (b)(1) A notice referred to in subsection (a) is a notice 
     of any guarantee (including the making of mortgage or rental 
     payments) proposed to be made by the Secretary to the private 
     party under the contract involved in the event of--
       (A) the closure or realignment of the installation for 
     which housing is provided under the contract;
       (B) a reduction in force of units stationed at such 
     installation; or
       (C) the extended deployment overseas of units stationed at 
     such installation.
       (2) Each notice under this subsection shall specify the 
     nature of the guarantee involved and assess the extent and 
     likelihood, if any, of the liability of the Federal 
     Government with respect to the guarantee.

                     (including transfer of funds)

       Sec. 122.  In addition to any other transfer authority 
     available to the Department of Defense, amounts may be 
     transferred from the accounts established by sections 
     2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and 
     Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund 
     established by section 1013(d) of the

[[Page H8155]]

     Demonstration Cities and Metropolitan Development Act of 1966 
     (42 U.S.C. 3374) to pay for expenses associated with the 
     Homeowners Assistance Program incurred under 42 U.S.C. 
     3374(a)(1)(A). Any amounts transferred shall be merged with 
     and be available for the same purposes and for the same time 
     period as the fund to which transferred.
       Sec. 123.  Funds made available in this title for operation 
     and maintenance of family housing shall be the exclusive 
     source of funds for repair and maintenance of all family 
     housing units, including general or flag officer quarters: 
     Provided, That not more than $35,000 per unit may be spent 
     annually for the maintenance and repair of any general or 
     flag officer quarters without 30 days prior notification to 
     the Committees on Appropriations of both Houses of Congress, 
     except that an after-the-fact notification shall be submitted 
     if the limitation is exceeded solely due to costs associated 
     with environmental remediation that could not be reasonably 
     anticipated at the time of the budget submission: Provided 
     further, That the Under Secretary of Defense (Comptroller) is 
     to report annually to the Committees on Appropriations of 
     both Houses of Congress all operation and maintenance 
     expenditures for each individual general or flag officer 
     quarters for the prior fiscal year.
       Sec. 124.  Amounts contained in the Ford Island Improvement 
     Account established by subsection (h) of section 2814 of 
     title 10, United States Code, are appropriated and shall be 
     available until expended for the purposes specified in 
     subsection (i)(1) of such section or until transferred 
     pursuant to subsection (i)(3) of such section.

                     (including transfer of funds)

       Sec. 125.  None of the funds made available in this title, 
     or in any Act making appropriations for military construction 
     which remain available for obligation, may be obligated or 
     expended to carry out a military construction, land 
     acquisition, or family housing project at or for a military 
     installation approved for closure, or at a military 
     installation for the purposes of supporting a function that 
     has been approved for realignment to another installation, in 
     2005 under the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note), unless such a project at a military installation 
     approved for realignment will support a continuing mission or 
     function at that installation or a new mission or function 
     that is planned for that installation, or unless the 
     Secretary of Defense certifies that the cost to the United 
     States of carrying out such project would be less than the 
     cost to the United States of cancelling such project, or if 
     the project is at an active component base that shall be 
     established as an enclave or in the case of projects having 
     multi-agency use, that another Government agency has 
     indicated it will assume ownership of the completed project. 
     The Secretary of Defense may not transfer funds made 
     available as a result of this limitation from any military 
     construction project, land acquisition, or family housing 
     project to another account or use such funds for another 
     purpose or project without the prior approval of the 
     Committees on Appropriations of both Houses of Congress. This 
     section shall not apply to military construction projects, 
     land acquisition, or family housing projects for which the 
     project is vital to the national security or the protection 
     of health, safety, or environmental quality: Provided, That 
     the Secretary of Defense shall notify the congressional 
     defense committees within seven days of a decision to carry 
     out such a military construction project.

                     (including transfer of funds)

       Sec. 126.  During the 5-year period after appropriations 
     available in this Act to the Department of Defense for 
     military construction and family housing operation and 
     maintenance and construction have expired for obligation, 
     upon a determination that such appropriations will not be 
     necessary for the liquidation of obligations or for making 
     authorized adjustments to such appropriations for obligations 
     incurred during the period of availability of such 
     appropriations, unobligated balances of such appropriations 
     may be transferred into the appropriation ``Foreign Currency 
     Fluctuations, Construction, Defense'', to be merged with and 
     to be available for the same time period and for the same 
     purposes as the appropriation to which transferred.
       Sec. 127.  Amounts appropriated or otherwise made available 
     in an account funded under the headings in this title may be 
     transferred among projects and activities within that account 
     in accordance with the reprogramming guidelines for military 
     construction and family housing construction contained in the 
     report accompanying this Act, and in the guidance for 
     military construction reprogrammings and notifications 
     contained in Department of Defense Financial Management 
     Regulation 7000.14-R, Volume 3, Chapter 7, of December 1996, 
     as in effect on the date of enactment of this Act.
       Sec. 128. (a) During each of fiscal years 2010 through 
     2014, the Secretary of Defense shall submit to the 
     congressional defense committees a report analyzing 
     alternative designs for any major construction projects 
     requested in that fiscal year related to the security of 
     strategic nuclear weapons facilities.
       (b) The report shall examine, with regard to each 
     alternative--
       (1) the costs, including full life cycle costs; and
       (2) the benefits, including security enhancements.
       Sec. 129. Not later than each of April 15, 2010, July 15, 
     2010, and October 15, 2010, the Secretary of Defense shall 
     submit to the congressional defense committees a consolidated 
     report from each of the military departments and Defense 
     agencies identifying, by project and dollar amount, bid 
     savings resulting from cost and scope variations pursuant to 
     section 2853 of title 10, United States Code, exceeding 25 
     percent of the appropriated amount for military construction 
     projects funded by this Act, the Supplemental Appropriations 
     Act, 2009 (Public Law 111-32), and the Military Construction 
     and Veterans Affairs Appropriations Act, 2009 (division E of 
     Public Law 110-329), including projects funded through the 
     regular military construction accounts, the Department of 
     Defense Base Closure Account 2005, and the overseas 
     contingency operations military construction accounts.
       Sec. 130. (a) Of the funds appropriated or otherwise made 
     available by this title under the heading ``Department of 
     Defense Base Closure Account, 2005'', $450,000 shall be 
     available for the Secretary of Defense to enter into an 
     arrangement with the National Academy of Sciences to conduct 
     a study through the Transportation Research Board of Federal 
     funding of transportation improvements to accommodate 
     installation growth associated with the 2005 Defense Base 
     Closure and Realignment (BRAC) program.
       (b) The study conducted pursuant to subsection (a) shall--
       (1) examine case studies of congestion caused on 
     metropolitan road and transit facilities when BRAC 
     requirements cause shifts in personnel to occur faster than 
     facilities can be improved through the usual State and local 
     processes;
       (2) review the criteria used by the Defense Access Roads 
     (DAR) program for determining the eligibility of 
     transportation projects and the appropriate Department of 
     Defense share of public highway and transit improvements in 
     BRAC cases;
       (3) assess the adequacy of current Federal surface 
     transportation and Department of Defense programs that fund 
     highway and transit improvements in BRAC cases to mitigate 
     transportation impacts in urban areas with preexisting 
     traffic congestion and saturated roads;
       (4) identify promising approaches for funding road and 
     transit improvements and streamlining transportation project 
     approvals in BRAC cases; and
       (5) provide recommendations for modifications of current 
     policy for the DAR and Office of Economic Adjustment 
     programs, including funding strategies, road capacity 
     assessments, eligibility criteria, and other government 
     policies and programs the National Academy of Sciences may 
     identify, to mitigate the impact of BRAC-related installation 
     growth on preexisting urban congestion.
       (c) The Secretary of Defense shall enter into an 
     arrangement with the National Academy of Sciences to provide 
     the study conducted pursuant to subsection (a) by not later 
     than 45 days after the date of the enactment of the Act.
       (d)(1) Not later than May 15, 2010, the National Academy of 
     Sciences shall provide an interim report of its findings to 
     the Secretary of Defense and the Committees on Armed Services 
     and Appropriations of the Senate and the House of 
     Representatives.
       (2) Not later than January 31, 2011, the National Academy 
     of Sciences shall provide a final report of its findings to 
     the Secretary of Defense and the Committees on Armed Services 
     and Appropriations of the Senate and the House of 
     Representatives.
       Sec. 131. (a)(1) The amount appropriated or otherwise made 
     available by this title under the heading ``Military 
     Construction, Air Force'' is hereby increased by $37,500,000.
       (2) Of the amount appropriated or otherwise made available 
     by this title under the heading ``Military Construction, Air 
     Force'', as increased by paragraph (1), $37,500,000 shall be 
     available for construction of an Unmanned Aerial System Field 
     Training Complex at Holloman Air Force Base, New Mexico.
       (b) Of the amount appropriated or otherwise made available 
     by title I of the Military Construction and Veterans Affairs 
     Appropriations Act, 2009 (division E of Public Law 110-329; 
     122 Stat. 3692) under the heading ``Military Construction, 
     Air Force'' and available for the purpose of Unmanned Aerial 
     System Field Training facilities construction, $38,500,000 is 
     hereby rescinded.
       Sec. 132. (a)(1) The amount appropriated or otherwise made 
     available by this title under the heading ``Military 
     Construction, Defense-Wide'' is hereby increased by 
     $68,500,000, with the amount of such increase to remain 
     available until September 30, 2014.
       (2) Of the amount appropriated or otherwise made available 
     by this title under the heading ``Military Construction, 
     Defense-Wide'', as increased by paragraph (1), $68,500,000 
     shall be available for the construction of an Aegis Ashore 
     Test Facility at the Pacific Missile Range Facility, Hawaii.
       (b) Of the amount appropriated or otherwise made available 
     by title I of the Military Construction and Veterans Affairs 
     Appropriations Act, 2009 (division E of Public Law 110-329; 
     122 Stat. 3692) under the heading ``Military Construction, 
     Defense-Wide'' and available for the purpose of European 
     Ballistic Missile Defense program construction, $69,500,000 
     is hereby rescinded.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

       For the payment of compensation benefits to or on behalf of 
     veterans and a pilot program for disability examinations as 
     authorized by section 107 and chapters 11, 13, 18, 51, 53, 
     55, and 61 of title 38, United States Code; pension benefits 
     to or on behalf of veterans as authorized by chapters 15, 51, 
     53, 55, and 61 of title 38, United States Code; and burial 
     benefits, the Reinstated Entitlement Program for Survivors, 
     emergency and other officers' retirement pay, adjusted-
     service credits and certificates, payment of premiums due on 
     commercial life insurance policies

[[Page H8156]]

     guaranteed under the provisions of title IV of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) 
     and for other benefits as authorized by sections 107, 1312, 
     1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 
     38, United States Code, $47,218,207,000, to remain available 
     until expended: Provided, That not to exceed $29,283,000 of 
     the amount appropriated under this heading shall be 
     reimbursed to ``General operating expenses'', ``Medical 
     support and compliance'', and ``Information technology 
     systems'' for necessary expenses in implementing the 
     provisions of chapters 51, 53, and 55 of title 38, United 
     States Code, the funding source for which is specifically 
     provided as the ``Compensation and pensions'' appropriation: 
     Provided further, That such sums as may be earned on an 
     actual qualifying patient basis, shall be reimbursed to 
     ``Medical care collections fund'' to augment the funding of 
     individual medical facilities for nursing home care provided 
     to pensioners as authorized.

                         readjustment benefits

       For the payment of readjustment and rehabilitation benefits 
     to or on behalf of veterans as authorized by chapters 21, 30, 
     31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, 
     United States Code, $8,663,624,000, to remain available until 
     expended: Provided, That expenses for rehabilitation program 
     services and assistance which the Secretary is authorized to 
     provide under subsection (a) of section 3104 of title 38, 
     United States Code, other than under paragraphs (1), (2), 
     (5), and (11) of that subsection, shall be charged to this 
     account.

                   veterans insurance and indemnities

       For military and naval insurance, national service life 
     insurance, servicemen's indemnities, service-disabled 
     veterans insurance, and veterans mortgage life insurance as 
     authorized by title 38, United States Code, chapters 19 and 
     21, $49,288,000, to remain available until expended.

                 veterans housing benefit program fund

       For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the program, as authorized by 
     subchapters I through III of chapter 37 of title 38, United 
     States Code: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     during fiscal year 2010, within the resources available, not 
     to exceed $500,000 in gross obligations for direct loans are 
     authorized for specially adapted housing loans.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $165,082,000.

            vocational rehabilitation loans program account

                     (including transfer of funds)

       For the cost of direct loans, $29,000, as authorized by 
     chapter 31 of title 38, United States Code: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That funds made available under 
     this heading are available to subsidize gross obligations for 
     the principal amount of direct loans not to exceed 
     $2,298,000.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $328,000, which may be paid to 
     the appropriation for ``General operating expenses''.

          native american veteran housing loan program account

       For administrative expenses to carry out the direct loan 
     program authorized by subchapter V of chapter 37 of title 38, 
     United States Code, $664,000.

  guaranteed transitional housing loans for homeless veterans program 
                                account

       For the administrative expenses to carry out the guaranteed 
     transitional housing loan program authorized by subchapter VI 
     of chapter 20 of title 38, United States Code, not to exceed 
     $750,000 of the amounts appropriated by this Act for 
     ``General operating expenses'' and ``Medical support and 
     compliance'' may be expended.

                     Veterans Health Administration

                            medical services

                     (including transfer of funds)

       For necessary expenses for furnishing, as authorized by 
     law, inpatient and outpatient care and treatment to 
     beneficiaries of the Department of Veterans Affairs and 
     veterans described in section 1705(a) of title 38, United 
     States Code, including care and treatment in facilities not 
     under the jurisdiction of the Department, and including 
     medical supplies and equipment, food services, and salaries 
     and expenses of healthcare employees hired under title 38, 
     United States Code, and aid to State homes as authorized by 
     section 1741 of title 38, United States Code; 
     $34,704,500,000, plus reimbursements: Provided, That of the 
     funds made available under this heading, not to exceed 
     $1,600,000,000 shall be available until September 30, 2011: 
     Provided further, That, notwithstanding any other provision 
     of law, the Secretary of Veterans Affairs shall establish a 
     priority for the provision of medical treatment for veterans 
     who have service-connected disabilities, lower income, or 
     have special needs: Provided further, That, notwithstanding 
     any other provision of law, the Secretary of Veterans Affairs 
     shall give priority funding for the provision of basic 
     medical benefits to veterans in enrollment priority groups 1 
     through 6: Provided further, That, notwithstanding any other 
     provision of law, the Secretary of Veterans Affairs may 
     authorize the dispensing of prescription drugs from Veterans 
     Health Administration facilities to enrolled veterans with 
     privately written prescriptions based on requirements 
     established by the Secretary: Provided further, That the 
     implementation of the program described in the previous 
     proviso shall incur no additional cost to the Department of 
     Veterans Affairs: Provided further, That for the Department 
     of Defense/Department of Veterans Affairs Health Care Sharing 
     Incentive Fund, as authorized by section 8111(d) of title 38, 
     United States Code, a minimum of $15,000,000, to remain 
     available until expended, for any purpose authorized by 
     section 8111 of title 38, United States Code.

                     medical support and compliance

       For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of capital policy 
     activities; and administrative and legal expenses of the 
     Department for collecting and recovering amounts owed the 
     Department as authorized under chapter 17 of title 38, United 
     States Code, and the Federal Medical Care Recovery Act (42 
     U.S.C. 2651 et seq.); $5,100,000,000, plus reimbursements, of 
     which $250,000,000 shall be available until September 30, 
     2011.

                           medical facilities

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, and domiciliary facilities and 
     other necessary facilities of the Veterans Health 
     Administration; for administrative expenses in support of 
     planning, design, project management, real property 
     acquisition and disposition, construction, and renovation of 
     any facility under the jurisdiction or for the use of the 
     Department; for oversight, engineering, and architectural 
     activities not charged to project costs; for repairing, 
     altering, improving, or providing facilities in the several 
     hospitals and homes under the jurisdiction of the Department, 
     not otherwise provided for, either by contract or by the hire 
     of temporary employees and purchase of materials; for leases 
     of facilities; and for laundry services, $4,849,883,000, plus 
     reimbursements, of which $250,000,000 shall be available 
     until September 30, 2011: Provided, That $100,000,000 for 
     non-recurring maintenance provided under this heading shall 
     be allocated in a manner not subject to the Veterans 
     Equitable Resource Allocation.

                    medical and prosthetic research

       For necessary expenses in carrying out programs of medical 
     and prosthetic research and development as authorized by 
     chapter 73 of title 38, United States Code, $580,000,000, 
     plus reimbursements, to remain available until September 30, 
     2011.

                    National Cemetery Administration

       For necessary expenses of the National Cemetery 
     Administration for operations and maintenance, not otherwise 
     provided for, including uniforms or allowances therefor; 
     cemeterial expenses as authorized by law; purchase of one 
     passenger motor vehicle for use in cemeterial operations; 
     hire of passenger motor vehicles; and repair, alteration or 
     improvement of facilities under the jurisdiction of the 
     National Cemetery Administration, $250,000,000, of which not 
     to exceed $24,200,000 shall be available until September 30, 
     2011.

                      Departmental Administration

                       general operating expenses

       For necessary operating expenses of the Department of 
     Veterans Affairs, not otherwise provided for, including 
     administrative expenses in support of Department-Wide capital 
     planning, management and policy activities, uniforms, or 
     allowances therefor; not to exceed $25,000 for official 
     reception and representation expenses; hire of passenger 
     motor vehicles; and reimbursement of the General Services 
     Administration for security guard services, and the 
     Department of Defense for the cost of overseas employee mail, 
     $2,086,251,000: Provided, That expenses for services and 
     assistance authorized under paragraphs (1), (2), (5), and 
     (11) of section 3104(a) of title 38, United States Code, that 
     the Secretary of Veterans Affairs determines are necessary to 
     enable entitled veterans: (1) to the maximum extent feasible, 
     to become employable and to obtain and maintain suitable 
     employment; or (2) to achieve maximum independence in daily 
     living, shall be charged to this account: Provided further, 
     That the Veterans Benefits Administration shall be funded at 
     not less than $1,689,207,000: Provided further, That of the 
     funds made available under this heading, not to exceed 
     $111,000,000 shall be available for obligation until 
     September 30, 2011: Provided further, That from the funds 
     made available under this heading, the Veterans Benefits 
     Administration may purchase (on a one-for-one replacement 
     basis only) up to two passenger motor vehicles for use in 
     operations of that Administration in Manila, Philippines.

                     information technology systems

       For necessary expenses for information technology systems 
     and telecommunications support, including developmental 
     information systems and operational information systems; for 
     pay and associated costs; and for the capital asset 
     acquisition of information technology systems, including 
     management and related contractual costs of said 
     acquisitions, including contractual costs associated with 
     operations authorized by section 3109 of title 5, United 
     States Code, $3,307,000,000, plus reimbursements, to be 
     available until September 30, 2011: Provided, That not later 
     than 30 days after the date of the enactment of this Act, the 
     Secretary of Veterans Affairs shall submit to the Committees 
     on Appropriations of both Houses of Congress a reprogramming 
     base letter which sets forth, by project, the Operations and 
     Maintenance and Salaries and Expenses costs to be carried out 
     utilizing amounts made available by this heading: Provided 
     further, That of the amounts appropriated, $800,485,000 may 
     not be obligated or expended until the Secretary of Veterans 
     Affairs

[[Page H8157]]

     or the Chief Information Officer of the Department of 
     Veterans Affairs submits to the Committees on Appropriations 
     of both Houses of Congress a certification of the amounts, in 
     parts or in full, to be obligated and expended for each 
     development project: Provided further, That amounts specified 
     in the certification with respect to development projects 
     under the preceding proviso shall be incorporated into the 
     reprogramming base letter with respect to development 
     projects funded using amounts appropriated by this heading.

                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     to include information technology, in carrying out the 
     provisions of the Inspector General Act of 1978 (5 U.S.C. 
     App.), $109,000,000, of which $6,000,000 shall be available 
     until September 30, 2011.

                      construction, major projects

       For constructing, altering, extending, and improving any of 
     the facilities, including parking projects, under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, or for any of the purposes set forth in sections 
     316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 
     of title 38, United States Code, including planning, 
     architectural and engineering services, construction 
     management services, maintenance or guarantee period services 
     costs associated with equipment guarantees provided under the 
     project, services of claims analysts, offsite utility and 
     storm drainage system construction costs, and site 
     acquisition, where the estimated cost of a project is more 
     than the amount set forth in section 8104(a)(3)(A) of title 
     38, United States Code, or where funds for a project were 
     made available in a previous major project appropriation, 
     $1,194,000,000, to remain available until expended, of which 
     $16,000,000 shall be to make reimbursements as provided in 
     section 13 of the Contract Disputes Act of 1978 (41 U.S.C. 
     612) for claims paid for contract disputes: Provided, That 
     except for advance planning activities, including needs 
     assessments which may or may not lead to capital investments, 
     and other capital asset management related activities, 
     including portfolio development and management activities, 
     and investment strategy studies funded through the advance 
     planning fund and the planning and design activities funded 
     through the design fund, including needs assessments which 
     may or may not lead to capital investments, and funds 
     provided for the purchase of land for the National Cemetery 
     Administration through the land acquisition line item, none 
     of the funds appropriated under this heading shall be used 
     for any project which has not been approved by the Congress 
     in the budgetary process: Provided further, That funds 
     provided in this appropriation for fiscal year 2010, for each 
     approved project shall be obligated: (1) by the awarding of a 
     construction documents contract by September 30, 2010; and 
     (2) by the awarding of a construction contract by September 
     30, 2011: Provided further, That the Secretary of Veterans 
     Affairs shall promptly submit to the Committees on 
     Appropriations of both Houses of Congress a written report on 
     any approved major construction project for which obligations 
     are not incurred within the time limitations established 
     above.

                      construction, minor projects

       For constructing, altering, extending, and improving any of 
     the facilities, including parking projects, under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, including planning and assessments of needs which 
     may lead to capital investments, architectural and 
     engineering services, maintenance or guarantee period 
     services costs associated with equipment guarantees provided 
     under the project, services of claims analysts, offsite 
     utility and storm drainage system construction costs, and 
     site acquisition, or for any of the purposes set forth in 
     sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 
     8122, and 8162 of title 38, United States Code, where the 
     estimated cost of a project is equal to or less than the 
     amount set forth in section 8104(a)(3)(A) of title 38, United 
     States Code, $685,000,000, to remain available until 
     expended, along with unobligated balances of previous 
     ``Construction, minor projects'' appropriations which are 
     hereby made available for any project where the estimated 
     cost is equal to or less than the amount set forth in such 
     section: Provided, That funds in this account shall be 
     available for: (1) repairs to any of the nonmedical 
     facilities under the jurisdiction or for the use of the 
     Department which are necessary because of loss or damage 
     caused by any natural disaster or catastrophe; and (2) 
     temporary measures necessary to prevent or to minimize 
     further loss by such causes.

       grants for construction of state extended care facilities

       For grants to assist States to acquire or construct State 
     nursing home and domiciliary facilities and to remodel, 
     modify, or alter existing hospital, nursing home, and 
     domiciliary facilities in State homes, for furnishing care to 
     veterans as authorized by sections 8131 through 8137 of title 
     38, United States Code, $115,000,000, to remain available 
     until expended.

          grants for construction of state veterans cemeteries

       For grants to assist States in establishing, expanding, or 
     improving State veterans cemeteries as authorized by section 
     2408 of title 38, United States Code, $42,000,000, to remain 
     available until expended.

                       Administrative Provisions

                     (including transfer of funds)

       Sec. 201.  Any appropriation for fiscal year 2010 for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' may be transferred as 
     necessary to any other of the mentioned appropriations: 
     Provided, That before a transfer may take place, the 
     Secretary of Veterans Affairs shall request from the 
     Committees on Appropriations of both Houses of Congress the 
     authority to make the transfer and such Committees issue an 
     approval, or absent a response, a period of 30 days has 
     elapsed.

                     (including transfer of funds)

       Sec. 202.  Amounts made available for the Department of 
     Veterans Affairs for fiscal year 2010, in this Act or any 
     other Act, under the ``Medical services'', ``Medical support 
     and compliance'' and ``Medical facilities'' accounts may be 
     transferred between the accounts to the extent necessary to 
     implement the restructuring of the Veterans Health 
     Administration accounts: Provided, That any transfers between 
     the ``Medical services'' and ``Medical support and 
     compliance'' accounts of 1 percent or less of the total 
     amount appropriated to the account in this or any other Act 
     may take place subject to notification from the Secretary of 
     Veterans Affairs to the Committees on Appropriations of both 
     Houses of Congress of the amount and purpose of the transfer: 
     Provided further, That any transfers between the ``Medical 
     services'' and ``Medical support and compliance'' accounts in 
     excess of 1 percent, or exceeding the cumulative 1 percent 
     for the fiscal year, may take place only after the Secretary 
     requests from the Committees on Appropriations of both Houses 
     of Congress the authority to make the transfer and an 
     approval is issued: Provided further, That any transfer to or 
     from the ``Medical facilities'' account may take place only 
     after the Secretary requests from the Committees on 
     Appropriations of both Houses of Congress the authority to 
     make the transfer and an approval is issued.
       Sec. 203.  Appropriations available in this title for 
     salaries and expenses shall be available for services 
     authorized by section 3109 of title 5, United States Code, 
     hire of passenger motor vehicles; lease of a facility or land 
     or both; and uniforms or allowances therefore, as authorized 
     by sections 5901 through 5902 of title 5, United States Code.
       Sec. 204.  No appropriations in this title (except the 
     appropriations for ``Construction, major projects'', and 
     ``Construction, minor projects'') shall be available for the 
     purchase of any site for or toward the construction of any 
     new hospital or home.
       Sec. 205.  No appropriations in this title shall be 
     available for hospitalization or examination of any persons 
     (except beneficiaries entitled to such hospitalization or 
     examination under the laws providing such benefits to 
     veterans, and persons receiving such treatment under sections 
     7901 through 7904 of title 5, United States Code, or the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 
     cost of such hospitalization or examination is made to the 
     ``Medical services'' account at such rates as may be fixed by 
     the Secretary of Veterans Affairs.
       Sec. 206.  Appropriations available in this title for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' shall be available for 
     payment of prior year accrued obligations required to be 
     recorded by law against the corresponding prior year accounts 
     within the last quarter of fiscal year 2009.
       Sec. 207.  Appropriations available in this title shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from sections 
     3328(a), 3334, and 3712(a) of title 31, United States Code, 
     except that if such obligations are from trust fund accounts 
     they shall be payable only from ``Compensation and 
     pensions''.

                     (including transfer of funds)

       Sec. 208.  Notwithstanding any other provision of law, 
     during fiscal year 2010, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund (38 
     U.S.C. 1920), the Veterans' Special Life Insurance Fund (38 
     U.S.C. 1923), and the United States Government Life Insurance 
     Fund (38 U.S.C. 1955), reimburse the ``General operating 
     expenses'' and ``Information technology systems'' accounts 
     for the cost of administration of the insurance programs 
     financed through those accounts: Provided, That reimbursement 
     shall be made only from the surplus earnings accumulated in 
     such an insurance program during fiscal year 2010 that are 
     available for dividends in that program after claims have 
     been paid and actuarially determined reserves have been set 
     aside: Provided further, That if the cost of administration 
     of such an insurance program exceeds the amount of surplus 
     earnings accumulated in that program, reimbursement shall be 
     made only to the extent of such surplus earnings: Provided 
     further, That the Secretary shall determine the cost of 
     administration for fiscal year 2010 which is properly 
     allocable to the provision of each such insurance program and 
     to the provision of any total disability income insurance 
     included in that insurance program.
       Sec. 209.  Amounts deducted from enhanced-use lease 
     proceeds to reimburse an account for expenses incurred by 
     that account during a prior fiscal year for providing 
     enhanced-use lease services, may be obligated during the 
     fiscal year in which the proceeds are received.

                     (including transfer of funds)

       Sec. 210.  Funds available in this title or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management of 
     the Department of Veterans Affairs and the Office of 
     Employment Discrimination Complaint Adjudication under 
     section 319 of title 38, United States Code, for all services 
     provided at rates which will recover actual costs but not 
     exceed $34,158,000 for the Office of Resolution Management 
     and $3,278,000 for the Office of Employment and 
     Discrimination Complaint Adjudication: Provided, That

[[Page H8158]]

     payments may be made in advance for services to be furnished 
     based on estimated costs: Provided further, That amounts 
     received shall be credited to the ``General operating 
     expenses'' and ``Information technology systems'' accounts 
     for use by the office that provided the service.
       Sec. 211.  No appropriations in this title shall be 
     available to enter into any new lease of real property if the 
     estimated annual rental is more than $1,000,000 unless the 
     Secretary submits a report which the Committees on 
     Appropriations of both Houses of Congress approve within 30 
     days following the date on which the report is received.
       Sec. 212.  No funds of the Department of Veterans Affairs 
     shall be available for hospital care, nursing home care, or 
     medical services provided to any person under chapter 17 of 
     title 38, United States Code, for a non-service-connected 
     disability described in section 1729(a)(2) of such title, 
     unless that person has disclosed to the Secretary of Veterans 
     Affairs, in such form as the Secretary may require, current, 
     accurate third-party reimbursement information for purposes 
     of section 1729 of such title: Provided, That the Secretary 
     may recover, in the same manner as any other debt due the 
     United States, the reasonable charges for such care or 
     services from any person who does not make such disclosure as 
     required: Provided further, That any amounts so recovered for 
     care or services provided in a prior fiscal year may be 
     obligated by the Secretary during the fiscal year in which 
     amounts are received.

                     (including transfer of funds)

       Sec. 213.  Notwithstanding any other provision of law, 
     proceeds or revenues derived from enhanced-use leasing 
     activities (including disposal) may be deposited into the 
     ``Construction, major projects'' and ``Construction, minor 
     projects'' accounts and be used for construction (including 
     site acquisition and disposition), alterations, and 
     improvements of any medical facility under the jurisdiction 
     or for the use of the Department of Veterans Affairs. Such 
     sums as realized are in addition to the amount provided for 
     in ``Construction, major projects'' and ``Construction, minor 
     projects''.
       Sec. 214.  Amounts made available under ``Medical 
     services'' are available--
       (1) for furnishing recreational facilities, supplies, and 
     equipment; and
       (2) for funeral expenses, burial expenses, and other 
     expenses incidental to funerals and burials for beneficiaries 
     receiving care in the Department.

                     (including transfer of funds)

       Sec. 215.  Such sums as may be deposited to the Medical 
     Care Collections Fund pursuant to section 1729A of title 38, 
     United States Code, may be transferred to ``Medical 
     services'', to remain available until expended for the 
     purposes of that account: Provided, That, for fiscal year 
     2010, $200,000,000 deposited in the Department of Veterans 
     Affairs Medical Care Collections Fund shall be transferred to 
     ``Medical Facilities'', to remain available until expended, 
     for non-recurring maintenance at existing Veterans Health 
     Administration medical facilities: Provided further, That the 
     allocation of amounts transferred to ``Medical Facilities'' 
     under the preceding proviso shall not be subject to the 
     Veterans Equitable Resource Allocation formula.
       Sec. 216.  The Secretary of Veterans Affairs may enter into 
     agreements with Community Health Centers in rural Alaska, 
     Indian tribes and tribal organizations which are party to the 
     Alaska Native Health Compact with the Indian Health Service, 
     and Indian tribes and tribal organizations serving rural 
     Alaska which have entered into contracts with the Indian 
     Health Service under the Indian Self Determination and 
     Educational Assistance Act, to provide healthcare, including 
     behavioral health and dental care. The Secretary shall 
     require participating veterans and facilities to comply with 
     all appropriate rules and regulations, as established by the 
     Secretary. The term ``rural Alaska'' shall mean those lands 
     sited within the external boundaries of the Alaska Native 
     regions specified in sections 7(a)(1)-(4) and (7)-(12) of the 
     Alaska Native Claims Settlement Act, as amended (43 U.S.C. 
     1606), and those lands within the Alaska Native regions 
     specified in sections 7(a)(5) and 7(a)(6) of the Alaska 
     Native Claims Settlement Act, as amended (43 U.S.C. 1606), 
     which are not within the boundaries of the Municipality of 
     Anchorage, the Fairbanks North Star Borough, the Kenai 
     Peninsula Borough or the Matanuska Susitna Borough.

                     (including transfer of funds)

       Sec. 217.  Such sums as may be deposited to the Department 
     of Veterans Affairs Capital Asset Fund pursuant to section 
     8118 of title 38, United States Code, may be transferred to 
     the ``Construction, major projects'' and ``Construction, 
     minor projects'' accounts, to remain available until expended 
     for the purposes of these accounts.
       Sec. 218.  None of the funds made available in this title 
     may be used to implement any policy prohibiting the Directors 
     of the Veterans Integrated Services Networks from conducting 
     outreach or marketing to enroll new veterans within their 
     respective Networks.
       Sec. 219.  The Secretary of Veterans Affairs shall submit 
     to the Committees on Appropriations of both Houses of 
     Congress a quarterly report on the financial status of the 
     Veterans Health Administration.

                     (including transfer of funds)

       Sec. 220.  Amounts made available under the ``Medical 
     services'', ``Medical support and compliance'', ``Medical 
     facilities'', ``General operating expenses'', and ``National 
     Cemetery Administration'' accounts for fiscal year 2010, may 
     be transferred to or from the ``Information technology 
     systems'' account: Provided, That before a transfer may take 
     place, the Secretary of Veterans Affairs shall request from 
     the Committees on Appropriations of both Houses of Congress 
     the authority to make the transfer and an approval is issued.
       Sec. 221.  Amounts made available for the ``Information 
     technology systems'' account may be transferred between 
     projects: Provided, That no project may be increased or 
     decreased by more than $1,000,000 of cost prior to submitting 
     a request to the Committees on Appropriations of both Houses 
     of Congress to make the transfer and an approval is issued, 
     or absent a response, a period of 30 days has elapsed.

                     (including transfer of funds)

       Sec. 222.  Any balances in prior year accounts established 
     for the payment of benefits under the Reinstated Entitlement 
     Program for Survivors shall be transferred to and merged with 
     amounts available under the ``Compensation and pensions'' 
     account, and receipts that would otherwise be credited to the 
     accounts established for the payment of benefits under the 
     Reinstated Entitlement Program for Survivors program shall be 
     credited to amounts available under the ``Compensation and 
     pensions'' account.
       Sec. 223.  The Department shall continue research into Gulf 
     War illness at levels not less than those made available in 
     fiscal year 2009, within available funds contained in this 
     Act.
       Sec. 224. (a) Upon a determination by the Secretary of 
     Veterans Affairs that such action is in the national 
     interest, and will have a direct benefit for veterans through 
     increased access to treatment, the Secretary of Veterans 
     Affairs may transfer not more than $5,000,000 to the 
     Secretary of Health and Human Services for the Graduate 
     Psychology Education Program, which includes treatment of 
     veterans, to support increased training of psychologists 
     skilled in the treatment of post-traumatic stress disorder, 
     traumatic brain injury, and related disorders.
       (b) The Secretary of Health and Human Services may only use 
     funds transferred under this section for the purposes 
     described in subsection (a).
       (c) The Secretary of Veterans Affairs shall notify Congress 
     of any such transfer of funds under this section.
       Sec. 225.  None of the funds appropriated or otherwise made 
     available by this Act or any other Act for the Department of 
     Veterans Affairs may be used in a manner that is inconsistent 
     with--
       (1) section 842 of the Transportation, Treasury, Housing 
     and Urban Development, the Judiciary, and Independent 
     Agencies Appropriations Act, 2006 (Public Law 109-115; 119 
     Stat. 2506); or
       (2) section 8110(a)(5) of title 38, United States Code.
       Sec. 226.  Of the amounts made available to the Department 
     of Veterans Affairs for fiscal year 2010, in this Act or any 
     other Act, under the ``Medical Facilities'' account for non-
     recurring maintenance, not more than 20 percent of the funds 
     made available shall be obligated during the last 2 months of 
     the fiscal year: Provided, That the Secretary may waive this 
     requirement after providing written notice to the Committees 
     on Appropriations of both Houses of Congress.
       Sec. 227.  Section 1925(d)(3) of title 38, United States 
     Code, is amended by striking ``appropriation `General 
     Operating Expenses, Department of Veterans Affairs' '', and 
     inserting ``appropriations for `General Operating Expenses 
     and Information Technology Systems, Department of Veterans 
     Affairs' ''.
       Sec. 228.  Section 1922(a) of title 38, United States Code, 
     is amended by striking ``(5) administrative costs to the 
     Government for the costs of'', and inserting ``(5) 
     administrative support performed by General Operating 
     Expenses and Information Technology Systems, Department of 
     Veterans Affairs, for''.
       Sec. 229. (a) Additional Amount for State Veterans 
     Cemeteries.--The amount appropriated by this title under the 
     heading ``grants for construction of state veterans 
     cemeteries'' is hereby increased by $4,000,000.
       (b) Offset.--The amount appropriated or otherwise made 
     available by this title under the heading ``general operating 
     expenses'' is hereby decreased by $4,000,000.
       Sec. 230. (a)(1)(A) Of the amount made available by this 
     title for the Veterans Health Administration under the 
     heading ``medical services'', $1,500,000 shall be available 
     to allow the Secretary of Veterans Affairs to offer 
     incentives to qualified health care providers working in 
     underserved rural areas designated by the Veterans Health 
     Administration, in addition to amounts otherwise available 
     for other pay and incentives.
       (B) Health care providers shall be eligible for incentives 
     pursuant to this paragraph only for the period of time that 
     they serve in designated areas.
       (2)(A) Of the amount made available by this title for the 
     Veterans Health Administration under the heading ``medical 
     support and compliance'', $1,500,000 shall be available to 
     allow the Secretary of Veterans Affairs to offer incentives 
     to qualified health care administrators working in 
     underserved rural areas designated by the Veterans Health 
     Administration, in addition to amounts otherwise available 
     for other pay and incentives.
       (B) Health care administrators shall be eligible for 
     incentives pursuant to this paragraph only for the period of 
     time that they serve in designated areas.
       (b) Not later than March 31, 2010, the Secretary of 
     Veterans Affairs shall submit to the Committees on Veterans' 
     Affairs and Appropriations of the Senate and the House of 
     Representatives a report detailing the number of new 
     employees receiving incentives under the pilot program 
     established pursuant to this section, describing the 
     potential for retaining those employees, and explaining the 
     structure of the program.
       Sec. 231. (a) Naming of Health Care Center.--Effective 
     October 1, 2010, the North Chicago Veterans Affairs Medical 
     Center located in

[[Page H8159]]

     Lake County, Illinois, shall be known and designated as the 
     ``Captain James A. Lovell Federal Health Care Center''.
       (b) References.--Any reference to the medical center 
     referred to in subsection (a) in any law, regulation, map, 
     document, record, or other paper of the United States shall 
     be considered to be a reference to the Captain James A. 
     Lovell Federal Health Care Center.
       Sec. 232.  Section 315(b) of title 38, United States Code, 
     is amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2010''.
       Sec. 233. Of the amount appropriated or otherwise made 
     available by this title under the heading ``medical 
     services'', $150,000,000 may be available for the grant 
     program under section 2011 of title 38, United States Code, 
     and per diem payments under section 2012 of such title.
       Sec. 234.  Of the amounts appropriated or otherwise made 
     available by this title for the Department of Veterans 
     Affairs, up to $5,000,000 may be available for the study 
     required by section 1077 of the National Defense 
     Authorization Act for Fiscal Year 2010.
       Sec. 235. (a) Campus Outreach and Services for Mental 
     Health and Neurological Conditions.--Of the amounts 
     appropriated or otherwise made available by this title, 
     $5,000,000 may be available to conduct outreach to and 
     provide services at institutions of higher education to 
     ensure that veterans enrolled in programs of education at 
     such institutions have information on and access to care and 
     services for neurological and psychological issues.
       (b) Supplement Not Supplant.--The amount described in 
     subsection (a) for the purposes described in such subsection 
     is in addition to amounts otherwise appropriated or made 
     available for readjustment counseling and related mental 
     health services.
       Sec. 236. In administering section 51.210(d) of title 38, 
     Code of Federal Regulations, the Secretary of Veterans 
     Affairs may permit a State home to provide services to, in 
     addition to non-veterans described in such section, a non-
     veteran any of whose children died while serving in the Armed 
     Forces, as long as such services are not denied to a 
     qualified veteran seeking such services.
       Sec. 237. (a) Designation of Robley Rex Department of 
     Veterans Affairs Medical Center.--The Department of Veterans 
     Affairs Medical Center in Louisville, Kentucky, and any 
     successor to such medical center, shall after the date of the 
     enactment of this Act be known and designated as the ``Robley 
     Rex Department of Veterans Affairs Medical Center''.
       (b) References.--Any reference in any law, regulation, map, 
     document, record, or other paper of the United States to the 
     medical center referred to in subsection (a) shall be 
     considered to be a reference to the Robley Rex Department of 
     Veterans Affairs Medical Center.
       Sec. 238. (a) Additional Amount for Homeless Veterans 
     Comprehensive Service Programs and Housing Assistance and 
     Supportive Services.--The amount appropriated by this title 
     under the heading ``medical services'' under the heading 
     ``Veterans Health Administration'' is increased by $750,000, 
     with the amount of the increase to be available for the 
     following:
       (1) The grant program under section 2011 of title 38, 
     United States Code.
       (2) Per diem payments under section 2012 of such title.
       (3) Housing assistance and supportive services under 
     subchapter V of chapter 20 of such title.
       (b) Offset.--The amount appropriated or otherwise made 
     available by this title under the heading ``general operating 
     expenses'' under the heading ``Departmental Administration'' 
     is decreased by $750,000.
       Sec. 239. (a) Modification on Restriction of Alienation of 
     Certain Real Property in Gulfport, Mississippi.--Section 
     2703(b) of the Emergency Supplemental Appropriations Act for 
     Defense, the Global War on Terror, and Hurricane Recovery, 
     2006 (Public Law 109-234; 120 Stat. 469), as amended by 
     section 231 of the Military Construction and Veterans Affairs 
     and Related Agencies Appropriations Act, 2009 (division E of 
     Public Law 110-329; 122 Stat. 3713), is further amended by 
     inserting after ``the City of Gulfport'' the following: ``, 
     or its urban renewal agency,''.
       (b) Memorialization of Modification.--The Secretary of 
     Veterans Affairs shall take appropriate actions to modify the 
     quitclaim deeds executed to effectuate the conveyance 
     authorized by section 2703 of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Hurricane Recovery, 2006 in order to accurately reflect and 
     memorialize the amendment made by subsection (a).
       Sec. 240. (a)(1) The amount appropriated or otherwise made 
     available by this title under the heading ``construction, 
     minor projects'' is hereby increased by $50,000,000.
       (2) Of the amount appropriated or otherwise made available 
     by this title under the heading ``construction, minor 
     projects'', as increased by paragraph (1), $50,000,000 shall 
     be available for renovation of Department of Veterans Affairs 
     buildings for the purpose of converting unused structures 
     into housing with supportive services for homeless veterans.
       (b) The amount appropriated or otherwise made available by 
     title I under the heading ``Homeowners Assistance Fund'' is 
     hereby reduced by $50,000,000.
       Sec. 241. Of the amounts appropriated or otherwise made 
     available by this title, the Secretary shall award $5,000,000 
     in competitively-awarded grants to State and local government 
     entities or their designees with a demonstrated record of 
     serving veterans to conduct outreach to ensure that veterans 
     in under-served areas receive the care and benefits for which 
     they are eligible.
       Sec. 242. (a) Study on Capacity of Department of Veterans 
     Affairs To Address Combat Stress in Women Veterans.--The 
     Inspector General of the Department of Veterans Affairs shall 
     carry out a study to assess the capacity of the Department of 
     Veterans Affairs to address combat stress in women veterans.
       (b) Elements.--In carrying out the study required by 
     subsection (a), the Inspector General shall consider the 
     following:
       (1) Whether women veterans are properly evaluated by the 
     Department for post-traumatic stress disorder (PTSD), 
     military-related sexual trauma, traumatic brain injury (TBI), 
     and other combat-related conditions.
       (2) Whether women veterans with combat stress are being 
     properly adjudicated as service-connected disabled by the 
     Department for purposes of veterans disability benefits for 
     combat stress.
       (3) Whether the Veterans Benefits Administration has 
     developed and disseminated to personnel who adjudicate 
     disability claims reference materials that thoroughly and 
     effectively address the management of claims of women 
     veterans involving military-related sexual trauma.
       (4) The feasibility and advisability of requiring training 
     and testing on military-related sexual trauma matters as part 
     of a certification of Veterans Benefits Administration 
     personnel who adjudicate disability claims involving post-
     traumatic stress disorder.
       (5) Such other matters as the Inspector General considers 
     appropriate.
       (c) Reports.--
       (1) Interim report.--Not later than 180 days after the date 
     of the enactment of this Act, the Inspector General shall 
     submit to the Secretary of Veterans Affairs, and to the 
     appropriate committees of Congress, a report setting forth 
     the plan of the Inspector General for the study required by 
     subsection (a), together with such interim findings as the 
     Inspector General has made as of the date of the report as a 
     result of the study.
       (2) Final report.--Not later than one year after the date 
     of the enactment of this Act, the Inspector General shall 
     submit to the Secretary, and Congress, then the Secretary 
     shall make recommendations for legislative or administrative 
     action.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committees on Appropriations and Veterans' Affairs 
     of the Senate; and
       (B) the Committees on Appropriations and Veterans' Affairs 
     of the House of Representatives.
       Sec. 243. (a) Study on Improvements to Information 
     Technology Infrastructure Needed To Furnish Health Care 
     Services to Veterans Using Telehealth Platforms.--The 
     Secretary of Veterans Affairs shall carry out a study to 
     identify the improvements to the infrastructure of the 
     Department of Veterans Affairs that are required to furnish 
     health care services to veterans using telehealth platforms.
       (b) Availability of Funds.--The amounts appropriated or 
     otherwise made available by this title under the headings 
     ``Departmental Administration'' and ``information technology 
     systems'' shall be available to the Secretary of Veterans 
     Affairs to carry out the study required by subsection (a).
       Sec. 244.  Of the amounts appropriated or otherwise made 
     available by this title under the headings ``Veterans Health 
     Administration'' and ``medical services'', $1,000,000 may be 
     available for education debt reduction under subchapter VII 
     of chapter 76 of title 38, United States Code, for mental 
     health care professionals who agree to employment at the 
     Department of Veterans Affairs.

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one-for-one replacement basis 
     only) and hire of passenger motor vehicles; not to exceed 
     $7,500 for official reception and representation expenses; 
     and insurance of official motor vehicles in foreign 
     countries, when required by law of such countries, 
     $63,549,000, to remain available until expended.

                 foreign currency fluctuations account

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, such sums as may be 
     necessary, to remain available until expended, for purposes 
     authorized by section 2109 of title 36, United States Code.

           united states court of appeals for veterans claims

                         salaries and expenses

       For necessary expenses for the operation of the United 
     States Court of Appeals for Veterans Claims as authorized by 
     sections 7251 through 7298 of title 38, United States Code, 
     $27,115,000, of which $1,820,000 shall be available for the 
     purpose of providing financial assistance as described, and 
     in accordance with the process and reporting procedures set 
     forth, under this heading in Public Law 102-229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

       For necessary expenses, as authorized by law, for 
     maintenance, operation, and improvement of Arlington National 
     Cemetery and Soldiers' and Airmen's Home National Cemetery, 
     including the purchase of two passenger motor vehicles for 
     replacement only, and not to exceed $1,000 for

[[Page H8160]]

     official reception and representation expenses, $37,200,000, 
     to remain available until expended. In addition, such sums as 
     may be necessary for parking maintenance, repairs and 
     replacement, to be derived from the Lease of Department of 
     Defense Real Property for Defense Agencies account.
       Funds appropriated under this Act may be provided to 
     Arlington County, Virginia, for the relocation of the 
     federally owned water main at Arlington National Cemetery 
     making additional land available for ground burials.

                      Armed Forces Retirement Home

                               trust fund

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the Armed Forces Retirement Home--
     Washington, District of Columbia, and the Armed Forces 
     Retirement Home--Gulfport, Mississippi, to be paid from funds 
     available in the Armed Forces Retirement Home Trust Fund, 
     $134,000,000, of which $72,000,000 shall remain available 
     until expended for construction and renovation of the 
     physical plants at the Armed Forces Retirement Home--
     Washington, District of Columbia, and the Armed Forces 
     Retirement Home--Gulfport, Mississippi.

                                TITLE IV

                   OVERSEAS CONTINGENCIES OPERATIONS

                         MILITARY CONSTRUCTION

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'', $924,484,000, to remain available until September 30, 
     2012: Provided, That notwithstanding any other provision of 
     law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law.

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $474,500,000, to remain available until September 
     30, 2012: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law.

                        Administrative Provision

       Sec. 401. (a)(1) The amount appropriated or otherwise made 
     available by this title under the heading ``Military 
     Construction, Army'' and available for a dining hall project 
     at Forward Operating Base Dwyer is hereby increased by 
     $4,400,000.
       (2) The amount appropriated or otherwise made available by 
     this title under the heading ``Military Construction, Army'' 
     and available for a dining hall project at Forward Operating 
     Base Maywand is hereby reduced by $4,400,000.
       (b)(1) The amount appropriated or otherwise made available 
     by this title under the heading ``Military Construction, 
     Army'' and available for a dining hall project at Forward 
     Operating Base Wolverine is hereby increased by $2,150,000.
       (2) The amount appropriated or otherwise made available by 
     this title under the heading ``Military Construction, Army'' 
     and available for a dining hall project at Forward Operating 
     Base Tarin Kowt is hereby reduced by $2,150,000.
       Sec. 402. Amounts appropriated or otherwise made available 
     by this title are designated as being for overseas 
     deployments and other activities pursuant to sections 
     401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), 
     the concurrent resolution on the budget for fiscal year 2010.

                                TITLE V

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            medical services

       For necessary expenses for furnishing, as authorized by 
     law, inpatient and outpatient care and treatment to 
     beneficiaries of the Department of Veterans Affairs and 
     veterans described in section 1705(a) of title 38, United 
     States Code, including care and treatment in facilities not 
     under the jurisdiction of the Department, and including 
     medical supplies and equipment, food services, and salaries 
     and expenses of healthcare employees hired under title 38, 
     United States Code, and aid to State homes as authorized by 
     section 1741 of title 38, United States Code; 
     $37,136,000,000, plus reimbursements, which shall become 
     available on October 1, 2010, and shall remain available 
     through September 30, 2011: Provided, That, notwithstanding 
     any other provision of law, the Secretary of Veterans Affairs 
     shall establish a priority for the provision of medical 
     treatment for veterans who have service-connected 
     disabilities, lower income, or have special needs: Provided 
     further, That, notwithstanding any other provision of law, 
     the Secretary of Veterans Affairs shall give priority funding 
     for the provision of basic medical benefits to veterans in 
     enrollment priority groups 1 through 6: Provided further, 
     That, notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs may authorize the dispensing of 
     prescription drugs from Veterans Health Administration 
     facilities to enrolled veterans with privately written 
     prescriptions based on requirements established by the 
     Secretary: Provided further, That the implementation of the 
     program described in the previous proviso shall incur no 
     additional cost to the Department of Veterans Affairs: 
     Provided further, That for the Department of Defense/
     Department of Veterans Affairs Health Care Sharing Incentive 
     Fund, as authorized by section 8111(d) of title 38, United 
     States Code, a minimum of $15,000,000, to remain available 
     until expended, for any purpose authorized by section 8111 of 
     title 38, United States Code.

                     medical support and compliance

       For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of capital policy 
     activities; and administrative and legal expenses of the 
     Department for collecting and recovering amounts owed the 
     Department as authorized under chapter 17 of title 38, United 
     States Code, and the Federal Medical Care Recovery Act (42 
     U.S.C. 2651 et seq.); $5,307,000,000, plus reimbursements, 
     which shall become available on October 1, 2010, and shall 
     remain available through September 30, 2011.

                           medical facilities

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, and domiciliary facilities and 
     other necessary facilities of the Veterans Health 
     Administration; for administrative expenses in support of 
     planning, design, project management, real property 
     acquisition and disposition, construction, and renovation of 
     any facility under the jurisdiction or for the use of the 
     Department; for oversight, engineering, and architectural 
     activities not charged to project costs; for repairing, 
     altering, improving, or providing facilities in the several 
     hospitals and homes under the jurisdiction of the Department, 
     not otherwise provided for, either by contract or by the hire 
     of temporary employees and purchase of materials; for leases 
     of facilities; and for laundry services, $5,740,000,000, plus 
     reimbursements, which shall become available on October 1, 
     2010, and shall remain available through September 30, 2011.

                                TITLE VI

                           GENERAL PROVISIONS

       Sec. 601. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 602. Such sums as may be necessary for fiscal year 
     2010 for pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 603. None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       Sec. 604. No part of any funds appropriated in this Act 
     shall be used by an agency of the executive branch, other 
     than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution, or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before 
     Congress, except in presentation to Congress itself.
       Sec. 605. All departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       Sec. 606. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this or any other 
     appropriations Act.
       Sec. 607. Unless stated otherwise, all reports and 
     notifications required by this Act shall be submitted to the 
     Subcommittee on Military Construction, Veterans Affairs, and 
     Related Agencies of the Committee on Appropriations of the 
     House of Representatives and the Subcommittee on Military 
     Construction, Veterans Affairs, and Related Agencies of the 
     Committee on Appropriations of the Senate.
       Sec. 608. (a) Notwithstanding any other provision of this 
     Act and except as provided in subsection (b), any report 
     required to be submitted by a Federal agency or department to 
     the Committee on Appropriations of either the Senate or the 
     House of Representatives in this Act shall be posted on the 
     public website of that agency upon receipt by the committee.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       Sec. 609.  None of the funds made available under this Act 
     may be distributed to the Association of Community 
     Organizations for Reform Now (ACORN) or its subsidiaries.
        This Act may be cited as the ``Military Construction and 
     Veterans Affairs and Related Agencies Appropriations Act, 
     2010''.


                            Motion to Concur

  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:
  Mr. OBEY moves that the House concur in the Senate amendment to H.R. 
3082 with an amendment.
  The text of the amendment is as follows:

       Amendment:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Full-Year Continuing 
     Appropriations Act, 2011''.

[[Page H8161]]

     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;

[[Page H8162]]

       (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,

[[Page H8163]]

     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

[[Page H8164]]

     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

[[Page H8165]]

     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

[[Page H8166]]

     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,

[[Page H8167]]

     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

[[Page H8168]]

     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.''.

[[Page H8169]]

       (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

[[Page H8170]]

     ``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.

[[Page H8171]]

       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

[[Page H8172]]

     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.

[[Page H8173]]

       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,

[[Page H8174]]

     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-

[[Page H8175]]

     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,

[[Page H8176]]

     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

[[Page H8177]]

     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

[[Page H8178]]

     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

[[Page H8179]]

     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

[[Page H8180]]

     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:

[[Page H8181]]

       ``(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

[[Page H8182]]

     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;

[[Page H8183]]

       ``(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.

[[Page H8184]]

       (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;

[[Page H8185]]

       ``(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.

[[Page H8186]]

       ``(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

[[Page H8187]]

     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:

[[Page H8188]]

       (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;

[[Page H8189]]

       (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

[[Page H8190]]

     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

[[Page H8191]]

     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

[[Page H8192]]

     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;

[[Page H8193]]

       (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.

[[Page H8194]]

       (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.--

[[Page H8195]]

       ``(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

[[Page H8196]]

     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.

[[Page H8197]]

       ``(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--

[[Page H8198]]

       ``(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

[[Page H8199]]

       ``(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,

[[Page H8200]]

     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

[[Page H8201]]

       ``(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.

[[Page H8202]]

     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

[[Page H8203]]

     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.

  The SPEAKER pro tempore. Pursuant to House Resolution 1755, the 
motion shall be debatable for 1 hour, with 40 minutes equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Appropriations and 20 minutes equally divided and 
controlled by the chair and ranking minority member of the Committee on 
Energy and Commerce.
  The gentleman from Wisconsin (Mr. Obey) and the gentleman from 
California (Mr. Lewis) each will control 20 minutes. The gentleman from 
California (Mr. Waxman) and the gentleman from Texas (Mr. Barton) each 
will control 10 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks on the 
pending legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.

                              {time}  1620

  Mr. OBEY. I yield myself 7 minutes. Mr. Speaker, I'm bringing a 
resolution to the floor that I have minimum high regard for, to say the 
least.
  America is facing serious problems, the most depressing is that we 
have the biggest divide between the haves and the have-nots since the 
Great Depression. Over the last decade, 80 percent of the growth in our 
economy has gone to the luckiest 10 percent out there. Meanwhile, the 
economy is sputtering along, and families are hurting. And what has 
been Washington's response? Apparently, it is to spend nearly $80 
billion over the next 2 years to give supersized tax cuts to 
millionaires and another $24 billion to give families worth $10 million 
a pass on paying taxes on their good fortune. This occurs at the same 
time that Washington politicians are singing pious songs about the need 
for deficit reduction.
  I hope that the Congress is not too ``offended'' to recognize that, 
yes, we must deal with long-term budget deficits; but if this country 
is to grow for everybody, we also need to confront our investment 
deficits in jobs, in education, in infrastructure, and in science and 
technology. That is the context in which this bill, to keep the 
government functioning for a year, is being considered.
  This bill freezes discretionary appropriations at the 2010 level for 
the rest of the fiscal year, spending $46 billion less than the 
President asked for this year. It adjusts last year's priorities in 
three main ways: It funds the current shortfall in Pell Grants for 
college students; it meets the increased medical needs for our 
veterans; it makes adequate adjustments to meet military pay and health 
costs. It provides the Department of Defense $513 billion, which is 
$4.9 billion more than last year with corresponding cuts on the 
domestic side of the ledger, I'm sorry to say.
  Now I'm sure we'll hear a lot of talk about a number of changes in 
the bill, the number of hard choices we had to make in this package to 
try to keep Uncle Sam from being Uncle Scrooge this holiday season. 
John Wesley admonished us to ``do all the good you can, by all the 
means you can, in all the ways you can, in all the places you can, at 
all the times you can, to all the people you can, as long as ever you 
can.'' This product falls embarrassingly short of that goal. But I make 
no apologies for the fact that the committee has done its dead level 
best within the constraints under which we are operating to make some 
modest adjustments, to salvage some investments which over the long 
haul just might create more jobs than tax breaks for millionaires and 
adjustments that might ease the financial desperation faced by so many 
families today who cannot afford to send their kids to college, to find 
decent child care, or to

[[Page H8204]]

provide adequate medical attention to their needs.
  So we have had the unmitigated gall to shift additional funds to the 
Social Security Administration to ensure that people get their benefits 
without undue delay.
  In an outrageously socialistic attempt to provide some additional 
health safety protections for miners who have all too often been the 
victims of the mindset of owners who put more emphasis on profitability 
than they do on miner safety, we shifted about $50 million into that 
account.
  I hope that the Congress is not so penny-wise and pound foolish that 
they will object to our decision to shift funding to further our 
efforts to ferret out waste, fraud, and abuse in Social Security and 
Medicare.
  And on a day when temperatures are dropping to 5 above zero in my 
hometown, and we were a balmy 23 degrees here in Washington last night, 
I hope this Congress isn't too offended that we have recommended $190 
million above last year for homeless assistance grants to combat the 
growing number of families who are living on the streets, thanks to the 
``brilliance'' of political leaders in Washington in managing this 
economy. Those are a few of the modest changes that we have made in 
what would otherwise be an automatic pilot course of action in a 
straight continuing resolution.
  Within the same dollar limits, this legislation attempts to make 
modest adjustments that recognize that needs and conditions change over 
a year's time. I hope it does not represent too great an 
``inconvenience'' to those Members of this body who are much more 
comfortable providing budget-busting tax gifts to the economic elite in 
this country rather than making even the tiniest government investment 
in programs that will help the lives of the unlucky by making their 
lives a little bit better with investments that might run the unholy 
risk of making the economy work nearly as well for average families as 
it does for the American elite who can afford to make large 
contributions to those fortunate enough to be honored by our 
constituents with the stewardship of the national interest.
  I want to say one other thing. There are at least 50 decisions in 
this bill that I am flatly opposed to. There are many arguments in this 
bill that I have lost. But the fact is, sooner or later, if you're 
going to be responsible, you have to set aside your first preferences 
and simply do what is necessary in order to keep the government open so 
that Congress doesn't become the laughingstock of the country. The only 
responsible vote to cast on this proposition is an ``aye'' vote. I urge 
support for the resolution, with all of its shortcomings.
  I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, it's rare, indeed, that I have 
the opportunity to watch my chairman speaking from the well, and it 
almost diverted me a bit. The minor adjustments in this package that 
cause him to be so unhappy only amount to some, like, $33 billion. 
Actually, if both of us dislike it so much, Mr. Obey, and if we both 
voted ``no,'' maybe we could bring the turkey down and start all over 
again.
  But in the meantime, let's not dwell too long, Mr. Speaker. We are 
now 9 weeks past the beginning of the new fiscal year, and Congress has 
yet to enact a single appropriations bill. Out of 12 total for 2011, 
two have passed the House while 10 bills have never even been 
considered by the full committee. As a result of this historic 
breakdown of regular order, the House will soon be considering what 
many people are describing as a full year continuing resolution, to 
keep the government operating through the end of the current fiscal 
year. Truth be told, it's more of a CR rolled into an omnibus spending 
bill because of the adjusted spending levels, the $33 billion that I 
was talking about, and the many extraneous policy provisions that are 
being added to the package as well.
  It's worth noting that none of these spending adjustments or changes 
in policy were ever debated or considered by the Appropriations 
Committee or the House this year. Like so many other items added to 
bills in the Democrats' era of closed rules, new program funding levels 
and legislative riders just somehow magically appear in bill after 
bill, and particularly in this bill.
  For the record, I remain adamantly opposed to extending this CR for 
the balance of the fiscal year at Democrats' current levels, which are 
too high, or at the inflated levels proposed in this package. Rather 
than simply keeping the government running, this bill picks winners and 
losers among agencies and programs across the government by moving 
some, I suggested, $30-plus billion for all kinds of programs. None of 
it, by the way, for defense.
  Not surprisingly, Labor and Health and Human Service programs are 
among the biggest winners in this package, receiving an almost $7 
billion net increase over fiscal year 2010. The State-Foreign 
Operations bill also receives a $2 billion increase over the current 
year's levels. By comparison, this CR omnibus provides $513 billion in 
base defense spending, which is over $18 billion below the department's 
request. It is also over $11 billion below the level the Defense 
Subcommittee reported out back in July.
  While I freely admit that all spending, including defense, must be on 
the table as we look to rein in this historic set of deficits, we must 
proceed smartly and wisely, especially when our troops are engaged in 
the battlefield. Ultimately, this approach is neither. It shortchanges 
our troops at a time when we should be supporting them. At a time when 
we should be supporting our troops, this bill uses defense funding as a 
piggy bank for the majority's domestic priorities.
  Additionally, this legislation triples the time for which the 
Department of Interior has to approve exploration plans for offshore 
operators, extending the timeline from some 30 days to 90 days and 
essentially codifying the de facto moratorium offshore operators have 
been operating under for months.

                              {time}  1630

  This significant policy change, done without debate or a single 
committee or House vote, has far-reaching implications relating to both 
existing and future oil and gas leases.
  Simply put, this is a Christmas tree bill that provides more spending 
for the majority's many domestic priorities before their time in the 
majority comes to an end in early January.
  I am encouraging our colleagues on both sides of the aisle who are 
concerned about excessive spending to oppose any effort to extend the 
CR beyond February. That would allow the new Republican majority to 
complete the unfinished FY 2011 appropriations bills at the FY 2008 
levels and save taxpayers some $100 billion. This would be the clearest 
signal the House could send to the American people that we got the 
message in November and are deadly serious about cutting spending.
  Even as the House prepares to consider the CR/omnibus, the House and 
Senate majority are finalizing the details of a 12 bill, $1.1 trillion 
omnibus spending bill. The Senate faces a 60-vote hurdle to pass that 
omnibus bill; but if they succeed, it will fall on the House Democrats 
to pass it, and they will have to do it without a single Republican 
vote, I can assure you.
  Mr. Speaker, none of us believe we should shut down the government, 
but I cannot and will not support the CR/omnibus because it simply 
spends too much and contains unnecessary and extraneous legislative 
riders. If we pass a CR, we should pass a clean CR funded at the FY 
2008 levels and demonstrate our commitment to cutting spending.
  Mr. Speaker, just perchance the Senate is not able to get those 60 
votes, this could be the last time that my chairman, Mr. Obey, and I 
are on the floor together, and as we do that, I wanted to recognize 
especially my staff director, Jeff Shockey, for the fabulous job he has 
done working for us over these years.
  With that, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield 2 minutes to the distinguished 
gentlewoman from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Speaker, I rise today in support of this continuing 
resolution. This deals with the responsibility that we have to fund the 
government so that it can function.
  This bill represents some really hard choices. It freezes 
discretionary funding--and this is a point that should not be lost--at 
a time when we are looking

[[Page H8205]]

at those on the other side of the aisle that would pass a tax package 
that would benefit the richest 3 percent of the people in this Nation. 
The richest 3 percent of the people in this Nation will get a tax cut, 
and some people have the temerity to propose an estate tax to the one-
quarter of one percent of the richest people in this Nation while folks 
in this country and kids are going hungry.
  The chairman should be commended for closing the Pell Grant shortfall 
and for including critical investments in services needed to keep 
people from falling through the cracks. I commend him for the small and 
modest funds dedicated to early childhood programs such as Head Start 
and childcare.
  As the chair of the Appropriations Agriculture Subcommittee, this 
bill continues the important and necessary investments that we made 
last year in agricultural research, rural investment, nutrition and 
food aid, conservation, and, yes, the public health. It says that a key 
Federal agency like the Food and Drug Administration will have the 
resources it needs to meet its important responsibilities to the 
American people to combat the continuing economic crisis and to provide 
food and nutrition that millions of Americans currently rely on.
  This resolution includes language that allows the Supplemental 
Nutrition Assistance Program and other crucial entitlement programs to 
be funded at the levels necessary to maintain participation in the 
current fiscal year. One out of five families is today on food stamps. 
One out of four children is going to bed hungry every single night in 
the United States of America.
  I urge my colleagues today to support this bill, with all of its 
difficulties. It keeps the government functioning, and we make modest, 
modest progress in aiding the current economic crisis.
  Mr. LEWIS of California. Mr. Speaker, if the House did what I 
suggested, that is to do a CR to the end of February, I would be 
introducing the gentleman from Kentucky (Mr. Rogers) as the new 
Appropriations chairman of the House. In the meantime, I am privileged 
to yield the gentleman 4 minutes.
  Mr. ROGERS of Kentucky. Mr. Speaker, let me thank the gentleman for 
yielding. He is a true gentleman. The long service that this man has 
contributed to the welfare of the Nation and to its defense, we can 
never repay Jerry Lewis for the great job he has done as chairman and 
ranking member of this committee.
  Mr. Speaker, how can we explain this year's so-called budget process 
to the American people? Should I begin with the historic failure to 
enact a budget resolution? How about the despicable way special 
interest bailout funds were dumped on the backs of our troops during 
the war supplemental debate?
  What about the Band-aid border security supplemental that was used 
for political cover just months before the President proposed cutting 
the Border Patrol? And who could forget the fact that this year marks 
the first year, the very first year, the House has failed to pass a 
Homeland Security appropriations bill, a failure that came in the midst 
of several serious terrorist attacks and disrupted plots?
  Then there are the results: no discipline, no oversight, no bills. 
Instead, we have this monstrosity before us today, a measure that punts 
our fiscal and oversight responsibilities into a year-long CR that is 
laden with exceptions, gimmicks, and riders. And it is based upon a 
strategy of the Senate overriding this bill with a gigantic 
unaffordable omnibus bill that has never seen the light of day.
  Mr. Speaker, that is not a budget process. That is a failure of epic 
proportions.
  As we were resoundingly told just 5 weeks ago, the American taxpayers 
are demanding far better from the stewards of their precious, but 
limited, dollars. We need a whole new ball game; no more bucking tough 
decisions, no more failing to prioritize our security needs, no more 
letting failing programs slide, and no more enabling the overreach of 
Federal agencies. We need to go back to the tough job of oversight. We 
need to go back and usher in a new era of collaboration and 
transparency. And we need to do the hard work of cutting spending, 
right-sizing the government, and restoring the trust of the American 
people.
  This CR marks the culmination of failure on all fronts: process, 
product and performance. I urge my returning colleagues to reject this 
legislation and prepare to go to work in the 112th Congress.
  Mr. OBEY. Mr. Speaker, could I ask the gentleman how many speakers he 
has remaining.
  Mr. LEWIS of California. Mr. Chairman, I have three or four more 
speakers.
  Mr. OBEY. We have none. I reserve my time.
  Mr. LEWIS of California. Mr. Speaker, I am privileged to yield 3 
minutes to my colleague from Virginia (Mr. Wolf).
  Mr. WOLF. I thank the gentleman, and I want to thank Mr. Lewis for 
his service, too.
  Mr. Speaker, I rise in strong opposition. Everyone should know that 
in this continuing resolution there is the expansion of Indian 
gambling. There is the expansion of Indian gambling. And probably 
nobody in this institution, bar one or two people on the Appropriations 
Committee, has even read the bill.
  This overturns a Supreme Court decision. Do you all know on my side 
and that side, this overturns a Supreme Court decision?

                              {time}  1640

  Has anyone remembered Abramoff and corruption and problems that have 
come about with regard to that? How did such an erroneous provision, 
how did expansion get in? No markup. No markup by the Natural Resources 
Committee. The election just said the American people want to know that 
we have read the bill. Nobody's read this bill, and now this is slipped 
in. And I don't know who has slipped it in. But, quite frankly----
  Mr. OBEY. Would the gentleman like an answer to that question?
  Mr. WOLF. Yes, sir, I would like an answer.
  Mr. OBEY. This amendment was a Republican amendment offered by Mr. 
Cole from Oklahoma. It was not slipped in. It was voted in in the 
subcommittee appropriation bill 5 months ago.
  Mr. WOLF. I don't care if it's a Republican amendment or a Democratic 
amendment, it is a bad amendment, and it will bring about major 
expansion of gambling.
  Mr. OBEY. Don't suggest it's been sneaked. It has not.
  Mr. WOLF. I reclaim my time.
  There have been no hearings. The Department of the Interior has 
refused to answer a written request from Members of Congress to 
identify which tribes. So nobody knows what tribes. Nobody knows what 
tribes. Nobody knows anything in this institution when it comes to 
this.
  The Department of the Interior has refused to answer. There is no 
consultation with the States. This bill is almost a repeat, a repeat of 
how this Congress and this city and this country got in trouble with 
the Abramoff thing. This is scandalous.
  This provision--I don't care if it's a Republican amendment or a 
Democratic amendment; it is a bad amendment. It will bring about crime, 
corruption. It attacks on the poor, and it is a bad amendment. And 
because of all the great reasons that Mr. Lewis said and others said 
why it's a bad bill, this is another good reason. This bill should be 
defeated. Because when you vote for this bill, you are voting for 
expansion of gambling all over this country.
  Mr. OBEY. I yield myself 1 minute.
  Mr. Speaker, I happen to agree with the gentleman from Virginia on 
the substance of the issue. But the fact is that the Interior 
Appropriations Subcommittee voted in open session with open debate to 
adopt the Cole amendment.
  Now, as chairman of the full committee, I don't have the luxury of 
producing bills that represent my own priorities. It is my obligation 
to try to find the center of gravity that enables us to represent the 
views of the House. That's what we did on this issue. And for the 
gentleman to suggest that there is anything corrupt about it is 
scurrilous.
  I reserve the balance of my time.
  Mr. LEWIS of California. I yield 30 seconds to the gentleman from 
Virginia.

[[Page H8206]]

  Mr. WOLF. It's not scurrilous. This will bring a major expansion of 
gambling. And I don't care what subcommittee.
  I will venture, had the average Member come down here and been told 
tomorrow that they voted for a major expansion of gambling, they would 
not have known. It ought not to be on the CR bill.
  It is a bad bill. It is a bad idea. It brings about crime and 
corruption and attacks on the poor, and I urge the defeat of this CR.
  Mr. LEWIS of California. Mr. Speaker, I am pleased to yield 2 minutes 
to a member of the committee, the gentleman from Georgia (Mr. 
Kingston).
  Mr. KINGSTON. I thank the gentleman for yielding.
  I want to say that I do understand we are here largely because there 
was not a budget this year and we were unable to move bills under 
regular order. And because of that, here we have something that was 
published, as I understand it, last night at midnight, and the list, 
itself, came out at 9 a.m. And, as a member of the committee, I am not 
sure what all these things are doing.
  I see that we are increasing the Ag marketing healthy food 
initiative. Excuse me. It's not an increase. It's a brand new program.
  I am the ranking member of the Ag Committee. I don't know exactly 
what that is. I think that might be something that has been voted on, 
but we have not had it through the committee. Now, I understand a lot 
of these other things are old items that have gone through the 
committee, but that one is one that has not.
  The broadband, there is a $30 million increase in broadband loans. I 
am very confused about that because the stimulus bill increased 
broadband loans $7 billion. And then there is an FDA increase of $470 
million. The FDA has gotten a lot of money over the past years, 
including some in the stimulus. So I am not sure why they are getting 
an increase when so many others are getting a cut.
  I noticed on another page that there is a rescission for the Navy of 
$168 million and for the Air Force $136 million. I also serve on the 
Defense Committee. There has been no debate on that.
  Now, on the next page, we increase funding for the IRS, including 
$125 million for IRS enforcement. I guess that's because people who 
won't get health insurance now, the IRS is going to get a lot more 
agents and they will have more money to spend on prosecuting people who 
don't buy health care.
  Then over here on another page, we are cutting the Customs and Border 
Patrol by $225 million. We have got a problem, as we all would agree, 
on immigration, but we are cutting the Customs and Border Patrol for 
the infrastructure fence. I look further, the CDC is getting a cut of 
$57 million.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEWIS of California. I yield the gentleman an additional minute.
  Mr. KINGSTON. I thank the gentleman.
  And then over here on another page, we are cutting grants for 
academic competitiveness. I think if there is one thing we all agree on 
right now is we need our students to be as competitive as possible, but 
we are cutting academic competitiveness $36 million. But we are 
increasing Congress's budget. House of Representatives, $2 million 
increase; Capitol Police, $8.8 million; the Congressional Budget 
Office, $1.7 million; the GAO, $1.5 million. So Congress is getting an 
increase while we are cutting academics.
  And then on another page, a whole myriad of things we are cutting out 
of the military that runs into the millions of dollars. And I noticed 
here in a very small account that we are actually cutting OPIC, which 
is the overseas insurance account that underwrites loans for emerging 
markets. And it's one of the few Federal agencies that actually makes 
money. Now, maybe that's why we are cutting them. It would appear to me 
that that kind of behavior should be well rewarded, but under the CR, 
they are going to be getting a cut.
  I respectfully think that we should put this thing back 2 or 3 months 
and have regular order.
  Mr. OBEY. I continue to reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, may I inquire of the time 
remaining?
  The SPEAKER pro tempore. The gentleman from California has 5 minutes 
remaining. The gentleman from Wisconsin has 10\3/4\ minutes remaining.
  Mr. LEWIS of California. Mr. Speaker, I am pleased to yield 2 minutes 
to the gentleman from Arizona (Mr. Flake).
  Mr. FLAKE. I thank the gentleman from California for yielding.
  I rise in opposition to this CR. Having failed to present one of the 
12 annual appropriation bills for fiscal year 2011 to the President, 
this body finds itself once again in the position of scrambling at the 
last minute to pass legislation just to keep the government running.
  This year is different. This year the outgoing majority wants us to 
accomplish much of its agenda long before Republicans take control. It 
would seem that if you failed to pass legislation in regular order that 
would fund the government for the coming year that you should at least 
recognize that we have had an election. And if you can't finish the 
work, allow those who are coming in to go ahead with their own budget.
  Republicans have called to cut spending to fiscal 2008 levels. This, 
I think, continues funding at 2010 levels. That might not seem 
significant until you realize that's a $100 billion difference. And 
when you are running these kinds of deficits, when you have this kind 
of debt, that makes a difference. If the first rule when you are in a 
hole is to stop digging, certainly the first rule when you are running 
a deficit like we are is to stop spending. And if we can cut it to 
fiscal 2008 levels rather than 2010, we should do it. We are just 
digging a deeper hole that we will have to fill in later and make 
deeper cuts later on.
  So I would encourage everyone to reject this CR; pass a short-term CR 
so we can deal with this responsibly in January or February rather than 
continuing funding at an unsustainable level.
  Mr. LEWIS of California. Mr. Speaker, I am pleased to yield 2 minutes 
to the gentleman from Oklahoma (Mr. Cole), a member of the committee.
  Mr. COLE. I thank the chairman for yielding.
  I had not intended to speak on this particular issue, but I had the 
opportunity to hear my good friend from Virginia (Mr. Wolf) in debate 
recently, and I wanted to come down to the floor and correct a 
misimpression he has about the so-called Carcieri fix. And let me begin 
by thanking my good friend, the chairman, for allowing us to put that 
particular legislation in the bill.

                              {time}  1650

  I actually proposed the amendment on the floor. It was passed 
unanimously on a bipartisan vote by our subcommittee of Interior. And 
the bill, frankly, the measure has absolutely nothing to do with 
gaming. As a matter of fact, the Supreme Court fix that it addresses 
didn't involve gaming at all. It involved a housing case, land put into 
trust and used for housing by an Indian tribe.
  What the Supreme Court has done--by a very narrow interpretation of 
the 1934 Indian Reorganization Act--is to create two classes of Indian 
tribes, some of whom can receive land in the trust, as they have for 80 
years by Secretaries of the Interior of both parties, and some of whom 
now cannot. Almost all the cases involved here, almost every single 
one, involved cases that have absolutely nothing to do with gaming.
  This is ultimately a sovereignty issue and a process issue. Frankly, 
if this fix is not made, it would not have been made without the 
support, frankly, of the members of the committees of jurisdiction and 
of the United States Senate, who said this was the best vehicle and the 
best way to go. But if the fix isn't made, we are going to have 
billions of dollars worth of litigation and have enormous disruption of 
economic development in Indian Country.
  I think my friend is simply under a misimpression, Mr. Speaker. I 
wanted to make that point for the record.
  I again wanted to thank my friend, Mr. Obey, for working with us and 
his staff and my good friend, the chairman of the subcommittee, 
Chairman Moran, for working with us for a bipartisan solution to a real 
problem.

[[Page H8207]]

  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from Ohio (Mr. Turner).
  Mr. TURNER. Thank you, Mr. Chairman.
  I rise in strong opposition to this CR, specifically because of 
section 2412.
  The Democrats are holding hostage the funding necessary to sustain 
our nuclear weapons and our nuclear facilities until the Senate 
ratifies the New START Treaty. The administration opposes this 
provision and, in fact, has offered its ``unequivocal commitment to 
recapitalizing and modernizing the nuclear enterprise.''
  There are significant national security issues related to the New 
START Treaty that must be resolved, Russian intentions, missile defense 
limitations and a nuclear modernization.
  Just yesterday, myself and incoming Armed Services Committee Chairman 
McKeon and 14 other committee members sent a letter to the Senate 
urging them not to vote on the New START Treaty until these concerns 
are addressed. Unfortunately, this provision would ignore these 
security concerns and hold hostage the funding necessary to ensure our 
Nation's nuclear deterrent remains safe, secure and reliable.
  Section 2142 is irresponsible, dangerous and must be opposed.

         House Committee on Armed Services, U.S. House of 
           Representatives
                                 Washington, DC, December 7, 2010.
     Hon. Harry Reid,
     Majority Leader, U.S. Senate,
     Washington, DC.
     Hon. Mitch McConnell,
     Minority Leader, U.S. Senate,
     Washington, DC.
       Dear Senators Reid and McConnell: We are troubled by the 
     Administration's push to ratify the New START Treaty amid 
     outstanding concerns regarding Russian intentions, missile 
     defense limitations, and nuclear modernization. Given the 
     security implications associated with this treaty and the 
     importance of such a treaty enjoying bipartisan support, we 
     believe the Senate should not be rushed in its deliberations. 
     Therefore, we urge the Senate not to vote on the New START 
     Treaty in the lame duck congressional session and certainly 
     not until these important security issues are resolved.
       There remains a significant divide between Russia and the 
     U.S. on whether New START affects our ability to deploy 
     missiles defenses, particularly long-range missile defenses 
     in Europe. Despite testimony from Administration officials 
     that New START does not limit U.S. missile defenses, Moscow 
     seems to believe it will. Russian officials have declared 
     they would withdraw from the treaty if U.S. missile defense 
     systems are upgraded quantitatively or qualitatively.
       Russia also warns that it will build up offensive forces 
     should its ``terms'' for a missile defense agreement not be 
     met; all while the Administration seeks to reduce our nuclear 
     forces. We have no insight on what these terms are, nor do we 
     know the exact nature and scope of the missile defense 
     negotiations reportedly occurring between Undersecretary of 
     State Ellen Tauscher and her Russian counterpart, Deputy 
     Foreign Minister Sergei Ryabkov.
       We reject the notion that Russia can set terms for our 
     missile defenses. Iranian and North Korean missile and 
     nuclear programs continue unabated as highlighted by recent 
     events. Given these threats, upgrades to our homeland missile 
     defense capabilities and funding for missile defenses in 
     Europe will remain top priorities for the House Armed 
     Services Committee.
       However, our principal concern is that the Administration 
     might cede to Russian demands and allow Moscow to shape U.S. 
     missile defense plans in exchange for its adherence to New 
     START. This concern is exacerbated by a lack of transparency 
     by the Administration in providing information on the nature 
     of these secretive missile defense discussions. One way to 
     alleviate this concern is for the Administration to provide 
     Congress with the treaty negotiating record--which Senators 
     have requested on numerous occasions--so that members can see 
     firsthand how missile defense was discussed within the 
     context of the treaty, as well as documents related to the 
     Tauscher-Ryabkov discussions. In the meantime, we think it 
     unwise to vote on New START until the Congress gains this 
     additional insight and better understands how the impasse on 
     missile defense will affect our long-term security.
       We are also deeply concerned about the state of our 
     nation's nuclear enterprise, and whether the Administration 
     will remain committed to nuclear modernization and our 
     nation's nuclear triad. Reversing the erosion of our nation's 
     nuclear infrastructure--which the bipartisan U.S. Strategic 
     Posture Commission called ``decrepit''--will require a 
     comprehensive plan and long-term political and financial 
     support from the Administration and both chambers of 
     Congress.
       Our committee recently received an updated ``1251 Report'' 
     on nuclear modernization. The report provides glimpses of the 
     Administration's revised funding requirements based on its 
     Nuclear Posture Review released last spring. However, it is 
     unclear exactly how these additional funds contribute to 
     modernization. For example, over one-third of these funds 
     appear to go towards employee pension plans--not 
     modernization of the infrastructure or stockpile. Members of 
     the House have yet to be briefed on the updated 1251 Report, 
     and therefore we cannot assess the adequacy of these revised 
     plans and funding requirements. We would hope the Senate 
     would allow for the same due diligence in its oversight of 
     this matter prior to a vote on New START.
       As members of the House we will not have the opportunity to 
     vote on the New START Treaty. However, the outcome of the 
     treaty will undoubtedly impact national security policy and 
     investment decisions within our jurisdiction as authorizers 
     of the annual defense bill, and we will be responsible for 
     overseeing its implementation. Because of these roles, we 
     feel compelled to express our concerns.
       We are in complete agreement with Senator Kerry who 
     recently told the press, ``The American people want to see 
     Republicans and Democrats working together on behalf of 
     national security.'' We believe bipartisanship is possible 
     with good faith and sufficient cooperation among both 
     political parties and the executive and legislative branches 
     of the federal government. The security concerns associated 
     with the New START Treaty are significant and must be 
     addressed. This requires thorough and thoughtful 
     deliberation. The American people expect this of their 
     government and we owe them nothing less.
           Sincerely,
                                        Howard P. ``Buck'' McKeon,
                                                   Ranking Member.

                                               Michael Turner,

                                                   Ranking Member,
                                    Strategic Forces Subcommittee.

  The SPEAKER pro tempore. The gentleman from California has 30 seconds 
remaining.
  Mr. LEWIS of California. Mr. Speaker, I yield back the balance of my 
time.
  Mr. OBEY. May I inquire as to how much time remains.
  The SPEAKER pro tempore. The gentleman from Wisconsin has 10\3/4\ 
minutes remaining.
  Mr. OBEY. I yield myself such time as I may consume. Don't worry, I 
am not going to take it all.
  Mr. Speaker, I had not expected to get into this kind of a discussion 
today, but I think the comments of a previous speaker from the other 
side illustrate just another reason why I am glad to be leaving this 
place.
  When I came here, I don't think there were very many Members who 
would reach a conclusion that if someone disagreed with them on 
substance that somehow they were morally defective.
  In a civilized, adult, legislative body, Members would recognize that 
there can be legitimate policy differences that can be highly 
controversial and that you can have honorable people on both sides of 
the question engage in honest debate and discussion about those issues.
  In the main, that is what Members of this House usually do, but I 
have noticed a tendency in recent years on more and more occasions for 
Members to substitute hyperbole for thought and to substitute attacks 
on character for attacks on argument, and I find that sad indeed.
  I do not know of a straighter shooter in this Congress than Mr. Cole. 
He is a highly partisan individual. He at one time ran the Republican 
Congressional Campaign Committee, but he did it with honor and, in my 
view, he has brought honor to this place in the way he has handled 
himself on a wide variety of issues as long as I have watched him 
operate.
  I do not believe that he or any other member of the Interior 
subcommittee who dealt with the issue at hand demonstrated anything but 
an honest effort to try to deal with a Court decision which played 
fruit basket upset on years and years of legal precedent.
  I am, for one, proud of the service that I have had in this place 
with people like the gentleman from Oklahoma, and I would simply urge 
all Members, as I leave this Chamber, to remember that there are good 
people on both sides of the aisle who have honest, hard-fought views 
and hard-earned views and have a right to express them without some 
off-the-wall Member accusing them of corruption.
  I urge an ``aye'' vote.
  I yield back the balance of my time.
  Mr. DINGELL. Mr. Speaker, I yield myself 1\1/2\ minutes in support of 
the legislation.
  Mr. Speaker, this is a good bill, and I urge my colleagues to support 
the part which was reported out by the Committee on Energy and Commerce 
unanimously, the food safety provisions. It, with the help of my good 
friend, the gentleman from Texas, reported the bill unanimously.

[[Page H8208]]

  Why is it here? First of all, it's substantially the same as the bill 
passed by the House. Second of all, it is substantially the same as 
that passed by the Senate. It is a bill which cures the weakness of the 
Food and Drug Administration and the fact that about a third to a 
quarter of our food is imported from abroad where there is no real 
protection for American consumers.
  Some 5,000 Americans die every year of bad food, 300,000 go to the 
hospital, and 77 million get sick. This bill gives the Food and Drug 
Administration the funds, the authority that it needs to do the job 
that has to be done.
  If we do not pass this legislation, we will find that legislation 
like this could not come to the floor before late in the spring or in 
the summer of next year. I urge my colleagues to respect the problems 
that we have, to see to it that Americans are protected against unsafe 
food coming in from China, milk with melamine, unsafe strawberries and 
berries, unsafe fruits and vegetables, unsafe leafy vegetables, unsafe 
fish and seafood and shellfish. All manner of unsafe commodities are 
being brought in and sold to the American people because of the total 
inability of Food and Drug under current law to now protect the 
American people. This legislation will cure and address those problems.
  I reserve the balance of my time.
  Mr. BARTON of Texas. I yield myself such time as I may consume.
  (Mr. BARTON of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. BARTON of Texas. I rise in respectful and regretful opposition to 
the continuing resolution. The primary reason that the Energy and 
Commerce Committee has time on the floor is because of the inclusion of 
the Food Safety Act in the continuing resolution.
  The food safety bill that passed the House last year was the result 
of bipartisan cooperation between Chairman Waxman, Subcommittee 
Chairman Pallone, Chairman Dingell, myself, then-subcommittee Ranking 
Member Nathan Deal, and others on the Republican side. It was the 
result of a number of years of work. It was an open process, it was an 
inclusive process, and the result was a very strong bipartisan vote 
both in the committee and on the House floor. I believe on the House 
floor, 59 Republicans joined with almost every Democrat to send that 
bill to the Senate.

                              {time}  1700

  The bill that's come back from the Senate that's been included in the 
continuing resolution is not the House bill, as amended. It is a Senate 
bill that is significantly different in several respects.
  The inclusion of what's called the Tester amendment in the Senate 
bill means that some farms, small farms along the borders between the 
United States and Mexico and the United States and Canada would be 
exempt from some of the requirements of the bill.
  The methods of payment are different. The House had a registration 
fee, an annual registration fee. That is not included in the Senate 
version.
  There are a number of tax issues with the Senate bill that we have a 
problem with here in the House; if it was not included in the CR, the 
food safety bill would, in all likelihood, be subject to what we call 
``blue slipping'' here in the House of Representatives.
  So it really is difficult to be in opposition to the food safety bill 
because of the unity of purpose and the spirit of cooperation that 
existed in the Energy and Commerce Committee when the food safety 
legislation was passed last year. But our friends in the other body, as 
is more often than not the case, have tended to ignore our work product 
and send us theirs at the last moment with a ``take it or leave it'' 
attitude.
  Ranking member and soon to be Agriculture Committee Chairman Frank 
Lucas and I have sent a letter to our Speaker suggesting that we would 
be more than willing to go to conference with our friends in the other 
body. We're going to be in session at least another week, perhaps two. 
We could have a conference. We could probably agree on a bipartisan, 
bicameral food safety bill that would pass muster in both bodies. I'm 
still hopeful that that might occur.
  With regards to other items in the continuing resolution that are not 
part of the Food Safety Act, there are numerous things that we find 
objectionable. The FCC, the Federal Communications Commission is going 
to receive $350 million, which is an increase of over 4\1/2\ percent 
from fiscal year 2010. It's even more than $14 million, as I understand 
it, than what they perhaps asked for.
  In the continuing resolution in terms of health provisions, there is 
funding for several sections of the health care law that we believe to 
be objectionable. The funding for public awareness, for example--so 
far, HHS has spent over $3 million for television ads featuring one of 
my favorite actors, Andy Griffith. ``The Andy Griffith Show'' and 
Barney Fife were one of my favorite television shows when I was growing 
up, and I continue to watch it on reruns.
  But I have a little bit of a problem watching Mr. Griffith extol to 
seniors the important new benefits of the current health care law 
simply as a kind of a pitch master for something that, in all 
likelihood, we're going to change, perhaps even repeal next year.
  Independent groups have found that some of these ads have misled 
seniors. They claim benefits that will be available while ignoring cuts 
to Medicare Advantage and other reductions in the Medicare payment 
rate. I think this is misleading and unfortunate.
  In the area of telecommunications, the continuing resolution exempts 
the Universal Service Fund from the Anti-Deficiency Act. This would 
allow the government to obligate money for carrier subsidies before we 
actually have the money in hand. Most of us on the minority side, soon 
to be the majority side of the aisle, Mr. Speaker, find that to be very 
objectionable and, quite frankly, irresponsible.
  So again, on the food safety bill that passed the House, I voted for 
it. I have nothing but respect and compliments for the leadership of 
Mr. Waxman, Mr. Dingell, Mr. Pallone, and others. But the CR version of 
the food safety bill that we're asked to vote on today is not the bill 
that came out of the House. And for that reason, regretfully, I oppose 
it.
  And on the basic CR overall, there are numerous reasons from an 
Energy and Commerce perspective on the minority side of the aisle to 
oppose that.
  So we would ask for a ``no'' vote, Mr. Speaker.
  I reserve the balance of my time.


                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Members are reminded to not traffic the well 
when another Member is under recognition.
  Mr. DINGELL. Mr. Speaker, I yield 1\1/2\ minutes to the distinguished 
gentleman from California (Mr. Waxman), the chairman of the Committee 
on Energy and Commerce.
  Mr. WAXMAN. Mr. Speaker, the House passed the food safety bill a year 
ago July. Not this July, but the July in 2009. And we waited for the 
Senate to act, and they recently acted by 73-25 in favor of the 
legislation. When we had it before us it was 283 supporters.
  Now, the Senate made some changes in the bill. But all advocacy 
groups, all the public interest groups, have told us that FDA needs 
this legislation to be able to protect the American people from unsafe 
food, whether it's domestic or foreign imported foods. This legislation 
gives them important tools. They have clear authority to issue and 
require manufacturers to meet strong, enforceable standards to ensure 
the safety of various types of foods.
  This bill does not create unnecessary burdens for farmers and small 
businesses. It would allow FDA to exercise their new authorities and 
require manufacturers to implement actions like preventive systems to 
stop outbreaks before they occur.
  I would have preferred the House bill rather than the amendment in 
the Senate bill. But sometimes you have to accept a change that you may 
not favor at first blush. But to have us defeat this bill and have the 
American people go without the tools in FDA's hands to stop unsafe 
foods would be irresponsible. I urge support for the legislation.
  Mr. BARTON of Texas. Mr. Speaker, I continue to reserve the balance 
of my time.
  Mr. DINGELL. Mr. Speaker, if the gentleman from Texas has any extra 
time, we would be delighted to receive it over here.
  At this time I yield 1\1/2\ minutes to the distinguished gentleman 
from New

[[Page H8209]]

Jersey (Mr. Pallone), the chairman of the Subcommittee on Health of the 
Committee on Energy and Commerce, one of the original sponsors of this 
legislation.
  Mr. PALLONE. Thank you, Chairman Dingell, and thank you for all the 
work you've done on this bill and so many other bills.
  There shouldn't be any more time for delay. Every time we have a food 
safety crisis, be it eggs or spinach or pepper or peanuts, we shake our 
heads at the vulnerability of our food supply and bemoan the fact that 
we don't have the tools to protect it. And these aren't isolated 
instances. Each year 76 million Americans are sickened from consuming 
contaminated food, and 5,000 of these people die.
  Is the bill we're going to vote on today perfect? Certainly not. But 
it's a bill that we can all be proud of. The Food Safety Act would give 
the FDA the ability, the authority, and the resources to protect 
American consumers from contaminated food.
  FDA will now better ensure food safety through more frequent 
inspection of food processing facilities, the development of a food 
trace-back system to pinpoint the source of food-borne illness, and 
enhanced powers to ensure that imported foods are safe.
  Perhaps most notably, the bill emphasizes prevention and safety that 
helps ensure that food is safe before it's distributed, before it 
reaches store shelves, before it reaches the kitchens of American 
families.
  We have the most productive and most efficient food distribution 
system in the world, but we need to make sure that we have the safest 
food supply. American families need to know the food they select from 
grocery stores and the meals they put on their kitchen tables are safe.
  We started this job in the House. Let's finish it today.
  Mr. BARTON of Texas. I continue to reserve, Mr. Speaker.
  Mr. DINGELL. If the gentleman from Texas would yield me a little 
time, I'd be delighted.
  Mr. BARTON of Texas. How much time do I have remaining, Mr. Speaker?
  The SPEAKER pro tempore. The gentleman from Texas has 4 minutes 
remaining.
  Mr. BARTON of Texas. I will yield 2 minutes to the gentleman from 
Michigan.
  Mr. DINGELL. I thank the distinguished gentleman. And by the way, I 
want to commend him for his help on this legislation.
  Mr. BARTON of Texas. On the House-passed bill, not this bill, but the 
House-passed bill.
  Mr. DINGELL. I want to address that because I want the House to 
understand, first of all, the great job the gentleman did, but also the 
fact that the Senate, in an unusual action, did only slight damage to 
our bill.
  At this time I yield 1\1/2\ minutes to my distinguished friend from 
Michigan (Mr. Stupak).
  Mr. STUPAK. Mr. Speaker, I rise to support this continuing 
resolution, which includes the Food Safety Modernization Act. I want to 
thank Chairman Dingell, Mr. Waxman, Mr. Pallone, as well as other 
members of the leadership for making this important legislation a 
priority in this CR.
  The Food Safety Modernization Act will provide the FDA with some of 
the resources and authorities it needs to effectively monitor our 
Nation's food supply and prevent outbreaks of food-borne illness.
  As chairman of the Subcommittee on Oversight and Investigations, I've 
held 13 food safety hearings, examining the failures of the FDA and the 
food industry to protect our Nation's food supply.

                              {time}  1710

  The finding of these investigations highlighted the need for the 
first major overhaul of our food safety law in 70 years. Among its key 
provisions, this bill would establish a national food tracing system 
and provide the FDA with recall authority.
  This food safety bill is not perfect, but it is a dramatic 
improvement over current law. I urge the next Congress to look closely 
at providing the FDA with a dedicated revenue stream for inspections, 
requiring country of origin labeling, and finally giving the FDA the 
subpoena power it so sorely needs.
  Despite the lack of these provisions, this bill, as compromised with 
the Senate, is a good bill and one that deserves to be passed by this 
Congress and signed into law this year.
  Mr. BARTON of Texas. I have no other speakers, and I reserve the 
balance of my time.
  Mr. DINGELL. Mr. Speaker, I thank the distinguished gentleman from 
Michigan, who is regrettably leaving us at the end of this Congress, 
for his outstanding leadership in this matter as chairman of the 
Oversight Subcommittee and for the outstanding work he did to put us 
where we are so we can pass this legislation.
  At this time, I yield 1\1/2\ minutes to the distinguished gentlewoman 
from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Speaker, I rise today in support of this continuing 
resolution, and especially the food safety provisions. They represent a 
good first step in reforming our food safety system and reducing food-
borne illness.
  This House passed much stronger food safety legislation in July 2009. 
The bill before us today still includes critical reforms and deserves 
our support. It provides the FDA with several authorities that will 
help the agency better prevent food-borne illnesses.
  These include increased inspection of high-risk facilities, expanded 
authority to inspect records relating to recalls, the creation of a 
more accurate food facility registry, improved traceability in the 
event of an illness outbreak, and certification of certain foreign food 
imports meeting all U.S. food safety requirements.
  This bill will help us identify food-borne outbreaks more quickly. 
Food safety is and should be a vital component of our national security 
and our jobs as the people's elected representatives. When it comes to 
the very real potential of a full-blown food-borne epidemic, we have 
been playing a dangerous game for far too long.
  With that in mind, our food safety efforts will not end with the 
passage of this bill. I believe that we must establish a single food 
safety agency, one that would consolidate all of the food safety 
functions spread across 15 Federal departments under one roof.
  I will continue to fight for a single agency. I believe it is needed 
to ensure that the food in our supermarkets, restaurants, and kitchens 
is safe. Nonetheless, the food safety provisions in today's resolution 
are a great first step. I urge my colleagues to support them.
  Mr. DINGELL. At this time, I find I have no further speakers until I 
close, and I believe it is the right of this side to close, so at this 
time I ask my dear friend from Texas to say whatever he has in mind, 
and I urge the House to note that he is worth listening to.
  Mr. BARTON of Texas. I appreciate the gentleman's indulgence.
  We are going to have to suggest that the Members on the minority side 
vote ``no'' on the CR because of a number of reasons that our friends 
on the Appropriations Committee have alluded to.
  If we could have a conference between the House conferees and the 
Senate conferees on the food safety bill, we could come to some 
reasonable compromises where we could recommend a vote for the food 
safety bill as a stand-alone bill. That is still possible to do or 
would be possible if the Speaker of the House and the majority leader 
of the Senate and the chairmen of the appropriate committees in the 
House and Senate were willing to go down that road. In this Congress, 
those types of conferences have been few and far between. So we are 
stuck here in a situation where you have a reasonably good piece of 
legislation that passed the House, a not as reasonably good piece of 
legislation that came out of the Senate at the last moment and is being 
attached to a continuing resolution that shows that the majority in 
both this body and the other body have refused to take their funding 
responsibilities very seriously for the last year.
  So as much as good as is in the food safety part of the bill, and as 
hard as Chairman Waxman and Chairman Dingell and Subcommittee Chairman 
Pallone have worked on that part of it, I still believe that the 
correct vote on this bill today is a ``no'' vote.
  So, Mr. Speaker, we do ask that Members vote ``no'' on this. The good 
parts of the legislation we will hopefully bring back very quickly in 
the next Congress and have a vote in regular order early in the year.
  With that, I would ask for a ``no'' vote on the bill today.

[[Page H8210]]

  I yield back the balance of my time.
  Mr. DINGELL. Mr. Speaker, I yield to the distinguished gentleman from 
California for the purpose of a unanimous consent request.
  (Mr. COSTA asked and was given permission to revise and extend his 
remarks.)
  Mr. COSTA. Mr. Speaker, I know the great work that Chairman Dingell 
did on this effort. Unfortunately, I cannot support the continuing 
resolution food safety effort.
  The good work we did here in the House that was sent over to the 
Senate, the Senate amendments make it a flawed measure. This process 
should be based on science and not based on miles and sales. For those 
reasons, I, unfortunately, will oppose the resolution.
  Mr. Speaker, I want to thank Chairman Emeritus Dingell for his 
support. I rise today to reluctantly oppose the Continue Resolution and 
attached Food Safety bill.
  Unfortunately leadership has chosen to attach a gravely-flawed food 
safety bill to this continuing resolution which I cannot support.
  Don't misunderstand--I am a huge supporter of food safety reform, I 
have worked on for almost 4 years.
  However--the Senate poisoned our efforts by attaching arbitrary 
exemptions that ignore risk and leave gaping holes in our food safety 
system--through the Tester amendment.
  I wholeheartedly support protecting our family farmers--ensuring that 
they are not overburdened with paperwork and regulation.
  But this process should be based on science--not based on miles and 
sales, therefore I am voting no.
  Does anyone here believe food poisoning is less dangerous if it comes 
from a small farm rather than a large one?
  Even more concerning is that these regulations have trade 
implications.
  With a great number of farms in Canada and Mexico well within the 275 
mile threshold, we will be providing a loophole large enough to drive a 
Mexican truck through.
  I'd like to remind my colleagues that the Serrano peppers that 
sickened over 1,000 people and devastated a wrongfully-accused tomato 
industry came from a small distributor in Texas--imported from a small 
farm in Mexico.
  I ask my colleagues--did the size of this farm prevent those men, 
women and children from becoming ill?
  No. Of course it didn't.
  Because contaminated food can and does come from any size and any 
location and is no less deadly in some cases if consumed.
  That is why I have worked on food safety and will continue to work on 
food safety.
  And that is, unfortunately, why I am unable to support the Senate 
food safety bill with the Tester amendment included in its current 
form.
  Mr. DINGELL. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I want to commend my dear friend from Texas for the 
superb job he did in working with us on this bill. The House bill was a 
superb bill. It came out of the Committee on Energy and Commerce 
unanimously, and it passed the House by an overwhelming vote. It has 
the endorsement of everybody in the industry, and it has the support of 
all of the consumer organizations and by the administration and the 
FDA.
  I want to commend Chairman Waxman, Chairman Pallone, Chairman Stupak, 
and Ms. DeGette for their outstanding leadership. Mr. Stupak, who 
leaves the Congress now, did a very fine job of conducting the 
hearings, which demonstrated the weaknesses of the existing law and 
made it possible for us to establish what needs to be done.
  At the conclusion of my remarks, I will include the list of the 
supporters of this legislation and industry and amongst the consumers. 
I urge my colleagues to address that, because this is a good and a 
strong bill.
  I want to commend Rachel Sher and Eric Flamm of the committee, and 
also two members of the staff who worked directly for me on this 
important matter, Mr. Virgil Miller and Ms. Katie Campbell, who did 
superb work.
  The legislation before us has been changed by the Senate, but not in 
any significant way. I very much agree with the gentleman from Texas 
that we should be going to conference with the Senate. But, 
regrettably, while we would be doing that, we would be running out of 
time and failing to pass this legislation and winding up with a 
situation where Americans would continue dying because Food and Drug 
was not able to do its job and protect us not only from bad foods 
imported into this country, but from some which is domestically 
produced.
  This legislation gives Food and Drug the authorities they need to 
seize and to compel manufacturers to use best technology for the 
protection of American consumers. In other words, the work which is 
done now by Food and Drug, which is simply catching wrongdoing, would 
be changed so that, in fact, we would be addressing the problems before 
they become real by seeing to it that industry must use the best 
manufacturing practices.
  American industry supports this because they recognize that the food 
safety of the United States, as well as the food safety of goods 
manufactured here, is threatened by imports from places like China, 
where they put melamine in milk products to up the amounts of protein 
in milk, something which is poisoning babies and adults. And, of 
course, the roster of unsafe foods which we see coming onto the 
marketplace is a continuing source of fear, particularly when you 
contemplate the fact that it is coming in from China and abroad, 
because we import now somewhere between a quarter and a third of our 
food.

                              {time}  1720

  Having said these things, there is not time enough to conduct a 
proper investigation of the differences between the two bodies and to 
have a proper conference between the two bodies. I regret this as much 
as anyone, and it is not the fault of this House that this has taken so 
long. It has taken the Senate since the bill was passed in the House in 
June of last year, not of this year, and they have dawdled around and 
dawdled around, as the Senate always does, with the end result being 
that we are now forced, in good part, to take the Senate bill.
  The blue slip problem which existed has been corrected in this 
legislation, and we will find that the bill, although it is not as good 
as the House bill, will provide enormous advantages in the safety of 
American food products and food products sold to American citizens by 
everyone who sells not only American companies but also the foreigners. 
I would observe that we cannot properly protect Americans from unsafe 
imported foods, unless we impose similar and identical burdens on 
Americans because of the trade laws.
  I would urge my colleagues to recognize that this legislation is 
something which is going to stop the deaths of about 5,000 Americans a 
year, of 77 million who are sick and of about 300,000 who are 
hospitalized. This is a very serious problem, and it is my hope that we 
will be back next year with legislation to make the others of Food and 
Drug's powers sufficient to address the needs of the American public in 
pharmaceuticals and in other things under the jurisdiction of the Food 
and Drug Administration.

                           S. 510 Supporters

       Obama Administration
       American Bakers Association; American Beverage Association; 
     American Public Health Association; Center for Foodborne 
     Illness, Research & Prevention; Center for the Science in the 
     Public Interest; Consumer Federation of America; Consumers 
     Union; Flavor and Extract Manufacturers Association; Food 
     Marketing Institute; Grocery Manufacturers Association; 
     Institute of Shortening & Edible Oils Inc.; International 
     Dairy Foods Association; International Bottled Water 
     Association; National Association of Manufacturers; National 
     Coffee Association of U.S.A., Inc.; National Confectioners 
     Association; National Consumers League; National Restaurant 
     Association; The Pew Charitable Trusts; Snack Food 
     Association; STOP--Safe Tables Our Priority; Trust for 
     America's Health; U.S. Chamber of Commerce and U.S. PIRG: 
     Federation of State PIRGs.
  Mr. CONYERS. Mr. Speaker, today, I rise in support of the Fiscal Year 
2011 Full Year Funding Resolution. While this legislation is far from 
perfect, and I have deep reservations with certain funding cuts, the 
bill addresses serious issues and moves America forward. I am 
particularly happy that this funding resolution also includes the FDA 
Food Safety Modernization Act, which passed the Senate last week.
  The 2011 Full Year Funding Resolution will help hard-working families 
during these tough economic times. For example, the Child Nutrition and 
Supplemental Nutrition Assistance Program will provide over 32 million 
children health meals and food assistance to over 43 million people. 
The legislation will also provide necessary funds to cover all current 
children in the Head Start program and offer child care assistance to 
low-income working families.

[[Page H8211]]

College students will be eligible to apply for the maximum Pell Grant 
award for $5,550. Lastly, unemployment offices will be provided 
additional funds to manage increased workloads.
  The Resolution will keep America safe by funding key federal 
programs. First, it offers appropriate funding for the FBI and U.S. 
Attorney's office to ensure mortgage fraud investigation and 
prosecutions can continue. In addition, the Securities and Exchange 
Commission, Department of the Treasury, and other key federal agencies 
are given robust funding to combat financial fraud and gambling on Wall 
Street that led to the worst financial crisis since the Great 
Depression. Finally, the bill will give Internal Revenue Service 
resources to investigate offshore tax evasion.
  As I mentioned, today's legislation also includes S. 510, the FDA 
Food Safety Modernization Act. The House passed a similar bill last 
year. This bill will help prevent outbreaks and food-borne illnesses by 
increasing third party testing, expands FDA access to food facilities, 
and requires food importers to certify their safety standards. For the 
first time ever, this Resolution allows the FDA to initiate a mandatory 
recall of food product if a company fails to do so. Lastly, the bill 
increases FDA inspectors to inspect food facilities.
  Mr. Speaker, I have deep concerns over parts of today's legislation. 
Two projects in the City of Detroit which were passed into law are now 
being rescinded. One project provides funds to the City of Detroit 
airport and the other funds the city's riverfront. Both projects are 
necessary for the future of the city. I hope my colleagues in the 
Senate will amend or delete this section. Additionally, $1.5 billion is 
cut from existing appropriations for high speed rail. I believe this is 
counterproductive and will hamper America's ability to reduce its 
carbon footprint. Lastly, I am opposed to the federal worker pay freeze 
which will cause pain to hard-working Americans who make significantly 
less than private sector employees and steadfastly serve our Nation.
  The 2011 Full Year Funding Resolution will also, for the first time, 
ban the transfer of Guantanamo detainees to the United States for the 
entire fiscal year. This ban differs from current law because it does 
not allow an exception to transport prisoners for prosecution. This 
restriction was inserted late yesterday night without any hearings or 
chance for modification. Moreover, today's resolution completely 
undermines the Department of Justice's ability to try Guantanamo 
detainees in Article III federal courts.
  In conclusion, because this bill promotes the common good of our 
Nation more than it hinders it, I urge my colleagues to support the 
bill.
  Mr. HOLT. Mr. Speaker, I am voting for the funding bill before us 
today but not without deep reservations. Each of the appropriations 
subcommittees considered bills for Fiscal Year 2011, but only two were 
brought to the floor for a vote. All twelve appropriations bills 
deserved a vote by the full House. Instead, we are freezing spending 
levels across the board and carrying forward most of the spending 
decisions made last year without a full and fair debate on the 
consequences for today's economy and today's needs. Surely this action 
does not live up to the responsibility that our constituents have 
entrusted to us.
  The results of our failure to fully weigh the tradeoffs of our 
spending choices are not inconsequential. Even though serious questions 
remain about the effectiveness and safety of full body imaging devices, 
this bill increases funding for the Transportation Security 
Administration to procure, deploy, and staff new full body scanners in 
America's airports. To keep spending levels constant, the bill 
unilaterally ends funding for certain election reform programs, reduces 
funding for high speed rail, and forces the Department of Energy to 
raid funding for renewable energy and basic science programs in order 
to pay for the Advanced Research Projects Agency--Energy. This one-year 
funding bill freezes the pay of our dedicated public servants for two 
years even though non-military federal worker salaries did not create 
our deficit and a freeze will not solve our budget problems. While I'm 
pleased that this bill includes funds for a 1.4 percent military pay 
raise and additional funding to help our troops and their families, I 
regret that the bill includes tens of billions of dollars for ongoing 
combat operations in Afghanistan. Our continued military operations in 
Afghanistan and Pakistan are not making us safer, and the billions we 
are wasting on these wars is money that could be far better spent at 
home--to hire more police for our communities, build new schools, and 
replace our aging and increasingly dangerous road and rail bridges.
  Yet even with these and many other significant problems, this bill 
will keep our government operating and uphold many of our important 
commitments. Low-income working families will receive badly needed 
childcare and housing assistance. Our military personnel will receive 
the benefits and care they need, and our veterans will have their 
benefits claims processed in a more timely manner. We will fully fund 
our aid agreement with Israel and maintain assistance programs for 
other countries, including Egypt, Jordan, and Pakistan. Students will 
continue to receive Pell grants, and the Federal Emergency Management 
Agency will have the resources necessary to respond to natural 
disasters.
  The choice presented to us in the form of this bill should not be. We 
are putting off the tough decisions that deserve careful consideration 
and reasoned compromise. We can and should make that effort. Yet on 
balance, I believe this bill is necessary, even if the process and the 
product are clearly insufficient.
  Mr. OBERSTAR. Mr. Speaker, I rise today in strong support of H.R. 
3082, the ``Full-Year Continuing Appropriations Act, 2011.''
  This legislation includes extensions of Federal-aid highway, public 
transit, highway and motor carrier safety, and aviation programs.
  The timely consideration of this measure is especially critical given 
that the current extensions of these transportation programs lapse on 
December 31, 2010.
  Division B of this bill extends the current surface transportation 
programs for nine months, providing a total investment level of $54.8 
billion for these programs in fiscal year 2011. This investment 
includes $42.3 billion for the Federal-aid highway program and $10.5 
billion for Federal transit programs.
  The extension of surface transportation programs provides continuity 
of funding for infrastructure projects, cutting-edge research, and 
highway safety programs across the country that are putting Americans 
to work, saving lives, and fostering economic prosperity for businesses 
and consumers alike.
  An extension of current programs and funding levels is a far cry from 
my preferred approach to addressing the nation's growing surface 
transportation challenges. Meeting the overall needs of the system and 
developing a 21st century surface transportation network worthy of 
being passed on to future generations can only be accomplished through 
the passage of a robust and transformational long-term surface 
transportation authorization act.
  However, extending these programs through the end of the fiscal year 
will provide States, localities, and public transit agencies with the 
degree of certainty necessary to move forward with their capital 
programs while Congress continues to work toward passage of a long-term 
surface transportation authorization bill.
  I am also very pleased that Division B addresses a concern that I 
have raised with the Hiring Incentives to Restore Employment (HIRE) Act 
(P.L. 111-147) regarding the programmatic distribution of formerly 
earmarked funds that disproportionately benefited certain highway 
formula programs at the expense of other formula programs.
  Division B distributes additional formula funds to States in lieu of 
additional Congressionally-designated funding. However, the HIRE Act 
distributed these additional funds to only six of the 13 Federal-aid 
highway formula programs. This extension act will instead distribute 
these funds among all 13 highway formula programs.
  This change ensures that seven programs: the Appalachian Development 
Highway System; Rail-Highway Grade Crossing; Equity Bonus; Recreational 
Trails; Safe Routes to School; Coordinated Border Infrastructure; and 
Metropolitan Planning programs, receive additional funding in fiscal 
year 2011.
  This approach is consistent with the approach taken in the 12 surface 
transportation extension acts enacted between 2003 and 2005, which 
distributed these additional funds through all Federal-aid highway 
formula programs.
  In addition, H.R. 3082 includes an amended version of H.R. 5730, the 
``Surface Transportation Earmark Rescission, Savings, and 
Accountability Act,'' which passed the House on July 27, 2010, by a 
vote of 394-23. H.R. 3082 eliminates unobligated balances for 
approximately 300 Member-designated projects contained in previous 
surface transportation authorization acts, including every surface 
transportation authorization act of the past two decades. The bill 
clears the books of projects that will not go forward and saves 
taxpayers more than $600 million. I thank the gentlewoman from Colorado 
(Ms. Markey) for introducing H.R. 5730 and working to ensure its 
inclusion in the bill before us today.
  Specifically, the bill:
  Rescinds all remaining highway earmarks designated in the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 (STURAA) 
(P.L. 100-17);
  Rescinds all remaining highway earmarks designated in the Intermodal 
Surface Transportation Efficiency Act of 1991 (ISTEA) (P.L. 102-240);
  Rescinds all highway projects designated in the Transportation Equity 
Act for the 21st century (TEA 21) (P.L. 105-178) that have not 
obligated at least 10 percent of the funds authorized for the project; 
and
  Rescinds all High Priority Project program funds authorized by the 
Safe, Accountable,

[[Page H8212]]

Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU) (P.L. 109-59) that were not designated for use on a 
specific project.
  Division C of the bill extends aviation programs, taxes, and Airport 
and Airway Trust Fund expenditure authority through September 30, 2011. 
These provisions will ensure that Federal Aviation Administration, FAA, 
programs continue without interruption pending enactment of a long-term 
FAA reauthorization bill. As I have said many times over the past four 
years, the House has done its part to move FAA reauthorization 
legislation forward, only to be stymied by the Senate. In the event 
that a long-term FAA reauthorization bill is not enacted prior to the 
end of the 111th Congress, this extension act, which authorizes FAA 
programs through the end of the current fiscal year, will provide a 
measure of stability and certainty to FAA programs.

  Finally, the bill extends all requirements and conditions of the 
Federal surface transportation and aviation programs, including 
provisions regarding the utilization of disadvantaged business 
enterprises, DBE. DBE provisions have been applicable to the Department 
of Transportation's financial assistance programs since 1980, and are 
designed to ensure nondiscrimination in the award and administration of 
DOT-assisted contracts.
  On March 26, 2009, the Committee on Transportation and Infrastructure 
held a hearing entitled ``The Department of Transportation's 
Disadvantaged Business Enterprise Programs.'' During the hearing, the 
Committee reviewed a large volume of recent evidence of race and gender 
discrimination from numerous sources. This evidence demonstrated that 
discrimination across the nation poses a serious obstacle to full and 
fair participation in highway, transit, and airport construction 
projects of women business owners and minority business owners, and 
provides a strong basis in evidence that there is a compelling need for 
the continuation of the disadvantaged business enterprise program to 
address race and gender discrimination in these transportation 
construction projects. Based on the Committee's continuing oversight of 
the DBE program, Congress specifically finds that the DBE provisions 
are narrowly tailored to achieve a compelling governmental interest.
  Mr. Speaker, I ask my colleagues to join me in supporting H.R. 3082, 
the ``Full-Year Continuing Appropriations Act, 2011.''
  Mr. HOLT. Mr. Speaker, I rise today in support of the FDA Food Safety 
Modernization Act, S. 510, and to commend the Senate for its hard work 
in crafting and amending the bill to ensure that it would not adversely 
impact small and family-owned farms.
  According to a study by the Centers for Disease Control, each year 76 
million people (25 percent of the population) become sick, 325,000 are 
hospitalized and 5,000 die from foodborne illnesses in the United 
States. In recent years, the United States has experienced many 
incidents of food contamination, caused by biological and man-made 
toxins, from spinach contaminated with E. coli bacteria, to imported 
wheat gluten from China contaminated with the industrial chemical 
melamine, to the largest beef recall in United States history--more 
than 143 million pounds of beef products--due to downer cattle having 
entered the food supply, to another of the largest food recalls in the 
nation's history when Georgia-based Peanut Corporation of America 
recalled all of its peanut products due to salmonella contamination.
  These clear instances of food contamination highlight that we are 
long overdue in passing comprehensive food safety legislation. I was 
pleased to support a strong House version of this legislation when it 
was considered in July 2009. While I am sorry we cannot win final 
approval for our stronger legislation, the bill before us today 
includes many of those important reforms, and represents the most 
comprehensive set of food safety reforms put forth since the 1930s.
  The bill would provide the FDA with direct mandatory recall 
authority, replacing the current system which depends on individual 
producers to issue recalls. It would also require food producers to 
develop food safety plans, including identifying potential risks of 
contamination or other hazards, and identifying the mechanisms through 
which those risks would be controlled. Hazards required to be 
identified and controlled are very broadly defined, including 
biological and chemical hazards, natural and man-made toxins, 
pesticides, drug residues, parasites, allergens and other contaminants, 
whether intentionally or unintentionally introduced. The bill would 
increase the number of FDA inspections at all food facilities. In 
addition, the bill establishes a food tracing system through which 
consumers could rapidly be identified and deaths and illnesses could be 
minimized in the event of a contamination outbreak. Finally, importers 
would be required to verify that all imported foods comply with United 
States food safety requirements, and the FDA would be allowed to deny 
entry to a food that lacks FDA certification for high-risk foods, or 
that is from a foreign facility that has refused U.S. inspectors.
  In particular, I want to thank my colleagues in the Senate for 
responding to many of the concerns raised by the National Sustainable 
Agriculture Coalition, NSAC, and constituents from my district that the 
bill would negatively impact small and family-owned farms, and value-
added producers. As stated by the NSAC, ``[a]s a result of grassroots 
mobilization and much negotiation this bill now provides scale-
appropriate food safety rules for small farms and mid-sized farms and 
local processors that sell to restaurants, food coops, groceries, 
wholesalers and at farm stands and farmers markets.''
  The bill before us today includes several key Senate amendments that 
addressed the NSAC's concerns. For example, the Tester-Hagen amendment 
clarifies existing law exempting from FDA registration requirements 
farms that market more than 50 percent of their product directly from 
the farm or from farm stands or farmer's markets. In addition, it 
provides less costly alternatives to Hazard Analysis and Critical 
Control Plans, HACCP, to farms that directly market more than 50 
percent of their product to consumers, stores or restaurants within 
their state or within 400 miles of the farm, and have gross sales of 
less than $500,000. The HACCP is a system through which food safety 
hazards at producers are identified, evaluated, and controlled, and the 
Tester-Hagen amendment allows qualifying farms to satisfy HACCP 
requirements by documenting that they comply with state laws or by 
providing the FDA with documentation identifying potential hazards, 
controls implemented to address those hazards, and monitoring 
mechanisms.
  The Stabenow amendment establishes a competitive grant program for 
food safety training, giving priority to small and mid-sized farms, 
beginning and socially disadvantaged farmers, and small food 
processors. The Bennet amendment alleviates paperwork requirements 
applicable to all small farms, and requires the FDA to allow on-farm 
processing and other flexible mechanisms through which small farms may 
comply with the preventative control plan and produce standards 
requirements of the bill. Other important amendments that protect small 
and mid-sized farms would allow the FDA to exempt farms that engage in 
low-risk or no-risk value-added processing from regulatory 
requirements, exempt small farms from traceability and recordkeeping 
requirements if they sell directly to consumers or grocery stores, and 
remove requirements that negatively impact wildlife and wildlife 
habitat on farms.
  I thank my supportive colleagues again for their leadership and 
comprehensive action on this matter, and I urge my undecided colleagues 
to support this bill.
  Mr. LUCAS. Mr. Speaker, I rise in opposition to this legislation, 
H.R. 3082, the continuing resolution. Among many other issues, I object 
to the inclusion of Senate language from S. 510, the Food Safety 
Modernization Act.
  Let me be clear: I believe our nation has the safest food supply in 
the world. I also believe we must continually examine our food 
production and regulatory system and move forward with changes that 
improve food safety.
  This legislation is the product of a flawed process. It will lead to 
huge regulatory burdens on our nation's farmers and ranchers. It will 
raise the cost of food for our consumers, and it contains very little 
that will actually contribute to the goal of safer food. It gives the 
Food and Drug Administration lots of additional authorities with no 
accountability. In fact, with the inclusion of the so-called Tester 
amendment, some argue that it is a step backwards.
  My concerns about the legislation are not limited to the 
unforgiveable process. There are serious public policy concerns as 
well. The Tester amendment is an illustrative example. Intended to 
shield small and local producers from the burdens of the new food 
safety law, it is opposed by virtually all of the major organizations 
representing farmers and ranchers.
  Normally, these groups would be expected to support a provision that 
sought to protect their farmers and ranchers. But they oppose the 
Tester amendment--and any legislation that contains it--because it adds 
to the layers of food safety regulation, creating yet another tier of 
regulatory standards that will only confuse our consumers. Further, by 
exempting small domestic companies from Federal standards, I fear we 
will be required to exempt similarly sized companies in developing 
countries from our standards. This approach does not make food safer--
it eliminates important consumer protections and puts our citizens at 
increased risk.
  With respect to the Tester amendment, I question the value of any law 
that is so onerous to an industry that Senators believe segments of 
that industry should be excluded from it. It would be wise to 
reconsider the entire legislative approach.
  There are other problems in the bill as well. New registration 
authorities for food processing facilities will create what amounts to 
a

[[Page H8213]]

federal license to be in the food business. Registration of food 
processing facilities was originally envisioned as a commonsense way of 
helping the FDA identify facilities under the bioterrorism act in 2002. 
This bill turns it into a license to operate, making it unlawful to 
sell food without a registration license and allowing the FDA to 
suspend a company's registration. This is the type of government 
intrusion into commerce that Americans rejected in early November.
  Another provision of particular concern would mandate the Food and 
Drug Administration to set on-farm production performance standards. 
For the first time, we would have the Federal government prescribing 
how our farmers grow crops. Farming, the growing of crops and raising 
of livestock, is the first organized activity pursued by man. We've 
been doing it for a long time. And we've been doing it without the FDA.
  The vast majority of these provisions, along with recordkeeping 
requirements, traceability, and mandatory recall authority, will do 
absolutely nothing to prevent food-borne disease outbreaks from 
occurring, but will do plenty to keep federal bureaucrats busy. And 
these are all of the sorts of things that can be worked out through the 
normal legislative process. But only if there's a process.
  Mr. Speaker, let me return to where I started: we have the safest 
food supply in the world. Anyone who follows current events knows that 
our food production system faces ongoing food safety challenges and I 
stand ready to work with my colleagues to address those challenges.
  Our nation's farmers, ranchers, packers, processors, retailers, and 
consumers deserve better.
  Mr. DINGELL. I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to clause 1(c) of rule XIX, further consideration of this 
motion is postponed.

                          ____________________