[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.
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