[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[Senate]
[Pages 17745-17757]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4691. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 510, to amend the Federal Food, Drug, and Cosmetic 
Act with respect to the safety of the food supply; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

     SEC. ___. CRIMINAL PENALTIES.

       Section 303(a) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 333(a)) is amended--
       (1) in paragraph (1), by striking ``Any'' and inserting 
     ``Except as provided in paragraph (2) or (3), any'';
       (2) in paragraph (2), by striking ``Notwithstanding the 
     provisions of paragraph (1) of this section, if'' and 
     inserting ``If''; and
       (3) by adding at the end the following:
       ``(3) Any person who knowingly violates subsection (a), 
     (b), (c), (k), or (v) of section 301 with respect to any food 
     and with conscious or reckless disregard of a risk of death 
     or serious bodily injury shall be fined under title 18, 
     United States Code, imprisoned for not more than 10 years, or 
     both.''.
                                 ______
                                 
  SA 4692. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 510, to amend the Federal Food, Drug, and 
Cosmetic Act with respect to the safety of the food supply; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 407. AMENDMENT TO TITLE 28.

       (a) In General.--Chapter 45 of title 28, United States 
     Code, is amended by inserting at the end the following:

     ``Sec. 678. Televising Supreme Court proceedings

       ``The Supreme Court shall permit television coverage of all 
     open sessions of the Court unless the Court decides, by a 
     vote of the majority of justices, that allowing such coverage 
     in a particular case would constitute a violation of the due 
     process rights of 1 or more of the parties before the 
     Court.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     45 of title 28, United States Code, is amended by inserting 
     at the end the following:

``678. Televising Supreme Court proceedings.''.
                                 ______
                                 
  SA 4693. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 510, to amend the Federal Food, Drug, and 
Cosmetic Act with respect to the safety of the food supply; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 407. DESIGNER ANABOLIC STEROID CONTROL.

       (a) Amendments to the Controlled Substances Act.--
       (1) Definitions.--Section 102(41) of the Controlled 
     Substances Act (21 U.S.C. 802(41)) is amended--
       (A) in subparagraph (A)--
       (i) in clause (xlix), by striking ``and'' at the end;
       (ii) by redesignating clause (xlx) as clause (lxxx); and
       (iii) by inserting after clause (xlix) the following:
       ``(l) 5a-Androstan-3,6,17-trione;
       ``(li) Androst-4-ene-3,6,17-trione;
       ``(lii) Androsta-1,4,6-triene-3,17-dione;
       ``(liii) 6-bromo-androstan-3,17-dione;
       ``(liv) 6-bromo-androsta-1,4-diene-3,17-dione;
       ``(lv) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol;
       ``(lvi) 4-chloro-17a-methyl-androst-4-ene-3b,17b-diol;
       ``(lvii) 4-chloro-17a-methyl-17b-hydroxy-androst-4-en-3-
     one;
       ``(lviii) 4-chloro-17a-methyl-17b-hydroxy-androst-4-ene-
     3,11-dione;
       ``(lix) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol;
       ``(lx) 2a,17a-dimethyl-17b-hydroxy-5a-androstan-3-one;
       ``(lxi) 2a,17a-dimethyl-17b-hydroxy-5b-androstan-3-one;
       ``(lxii) 2a,3a-epithio-17a-methyl-5a-androstan-17b-ol;
       ``(lxiii) [3,2-c]-furazan-5a-androstan-17b-ol;
       ``(lxiv) 3b-hydroxy-androst-1-en-17-one;
       ``(lxv) 3b-hydroxy-androst-4-en-17-one;
       ``(lxvi) 3b-hydroxy-estr-4-en-17-one;
       ``(lxvii) 3b-hydroxy-estra-4,9,11-trien-17-one;
       ``(lxviii) 17a-methyl-androst-2-ene-3,17b-diol;
       ``(lxix) 17a-methyl-androsta-1,4-diene-3,17b-diol;
       ``(lxx) Estra-4,9,11-triene-3,17-dione;
       ``(lxxi) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one;
       ``(lxxii) 6a-Methyl-androst-4-ene-3,17-dione;
       ``(lxxiii) 17a-Methyl-androstan-3-hydroxyimine-17b-ol;
       ``(lxxiv) 17a-Methyl-5a-androstan-17b-ol;
       ``(lxxv) 17b-Hydroxy-androstano[2,3-d]isoxazole;
       ``(lxxvi) 17b-Hydroxy-androstano[3,2-c]isoxazole
       ``(lxxvii) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-
     c]pyrazole-5a-androstan-17b-ol;
       ``(lxxviii) [3,2-c]pyrazole-androst-4-en-17b-ol;
       ``(lxxix) [3,2-c]pyrazole-5a-androstan-17b-ol; and''; and
       (B) by inserting at the end the following:
       ``(C) A drug or hormonal substance (other than estrogens, 
     progestins, corticosteroids, and dehydroepiandrosterone) that 
     is not listed in subparagraph (A), and is derived from, or 
     has a chemical structure substantially similar to, 1 or more 
     anabolic steroids listed in subparagraph (A), shall, subject 
     to the limitations of section 201(i)(6) (21 U.S.C. 
     811(i)(6)), be considered to be an anabolic steroid for 
     purposes of this Act if--
       ``(i) the drug or substance has been created or 
     manufactured with the intent of producing a drug or other 
     substance that either--

       ``(I) promotes muscle growth; or
       ``(II) otherwise causes a pharmacological effect similar to 
     that of testosterone; or

       ``(ii) the drug or substance has been, or is intended to 
     be, marketed or otherwise promoted in any manner suggesting 
     that consuming it will promote muscle growth or any other 
     pharmacological effect similar to that of testosterone.''.
       (2) Classification authority.--Section 201 of the 
     Controlled Substances Act (21 U.S.C. 811) is amended by 
     adding at the end the following:
       ``(i) Temporary and Permanent Scheduling of Recently 
     Emerged Anabolic Steroids.--
       ``(1) The Attorney General may issue a temporary order 
     adding a drug or other substance to the list of anabolic 
     steroids if the Attorney General finds that--
       ``(A) the drug or other substance satisfies the criteria 
     for being considered an anabolic steroid under section 
     102(41) but is not listed in that section or by regulation of 
     the Attorney General as being an anabolic steroid; and
       ``(B) adding such drug or other substance to the list of 
     anabolic steroids will assist in preventing the unlawful 
     importation, manufacture, distribution, or dispensing of such 
     drug or other substance.
       ``(2) An order issued under paragraph (1) shall not take 
     effect until 30 days after the date of the publication by the 
     Attorney General of a notice in the Federal Register of the 
     intention to issue such order and the grounds upon which such 
     order is to be issued. The order shall expire not later than 
     24 months after the date it becomes effective, except that 
     the Attorney General may, during the pendency of proceedings 
     under paragraph (5), extend the temporary scheduling order 
     for up to 6 months.
       ``(3) A temporary scheduling order issued under paragraph 
     (1) shall be vacated upon the issuance of a permanent 
     scheduling order under paragraph (5).
       ``(4) An order issued under paragraph (1) is not subject to 
     judicial review.
       ``(5) The Attorney General may, by rule, issue a permanent 
     order adding a drug or other substance to the list of 
     anabolic

[[Page 17746]]

     steroids if such drug or other substance satisfies the 
     criteria for being considered an anabolic steroid under 
     section 102(41). Such rulemaking may be commenced 
     simultaneously with the issuance of the temporary order 
     issued under paragraph (1).
       ``(6) If a drug or other substance has not been temporarily 
     or permanently added to the list of anabolic steroids 
     pursuant to this subsection, the drug or other substance 
     shall be considered an anabolic steroid if in any criminal, 
     civil, or administrative proceeding arising under this Act it 
     has been determined in such proceeding, based on evidence 
     presented in the proceeding, that the substance satisfies the 
     criteria for being considered an anabolic steroid under 
     paragraph (41)(A), (41)(C)(i), or (41)(C)(ii) of section 
     102.''.
       (3) Labeling requirements.--The Controlled Substances Act 
     is amended by inserting after section 305 (21 U.S.C. 825) the 
     following:

     ``SEC. 305A. OFFENSES INVOLVING FALSE LABELING OF ANABOLIC 
                   STEROIDS.

       ``(a) Unlawful Acts.--
       ``(1) It shall be unlawful--
       ``(A) to import into the United States or to export from 
     the United States,
       ``(B) to manufacture, distribute, dispense, sell, or offer 
     to sell; or
       ``(C) to possess with intent to manufacture, distribute, 
     dispense, sell, or offer to sell;
     any anabolic steroid, or any product containing an anabolic 
     steroid, unless it bears a label clearly identifying any 
     anabolic steroid contained in such steroid or product by the 
     nomenclature used by the International Union of Pure and 
     Applied Chemistry (IUPAC).
       ``(2) A product that is the subject of an approved 
     application as described in section 505(b), (i) or (j) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b), (i), 
     or (j)) is exempt from the International Union of Pure and 
     Applied Chemistry nomenclature requirement of this subsection 
     if such product is labeled in the manner required by the 
     Federal Food, Drug, and Cosmetic Act.
       ``(b) Criminal Penalties.--
       ``(1) Any person who violates subsection (a) shall be 
     sentenced to a term of imprisonment of not more than 1 year, 
     a fine not to exceed the greater of that authorized in 
     accordance with the provisions of title 18, United States 
     Code, or $100,000 if the defendant is an individual or 
     $250,000 if the defendant is other than an individual, or 
     both.
       ``(2) Any person who violates subsection (a) knowing, 
     intending, or having reasonable cause to believe, that the 
     substance or product is an anabolic steroid, or contains an 
     anabolic steroid, shall be sentenced to a term of 
     imprisonment of not more than 10 years, a fine not to exceed 
     the greater of that authorized in accordance with the 
     provisions of title 18, United States Code, or $500,000 if 
     the defendant is an individual or $2,500,000 if the defendant 
     is other than an individual, or both.
       ``(c) Civil Penalties.--
       ``(1) Any person who violates subsection (a) shall be 
     subject to a civil penalty as follows:
       ``(A) In the case of an importer, exporter, manufacturer, 
     or distributor (other than as provided in subparagraph (B)), 
     up to $500,000 per violation. For purposes of this 
     subparagraph, a violation is defined as each instance of 
     importation, exportation, manufacturing, or distribution, and 
     each anabolic steroid or product imported, exported, 
     manufactured, or distributed.
       ``(B) In the case of a sale or offer to sell at retail, up 
     to $25,000 per violation. For purposes of this subparagraph, 
     each sale and each product offered for sale shall be 
     considered a separate violation. Continued offers to sell by 
     a person 10 or more days after written notice (including 
     through electronic message) to the person by the Attorney 
     General or the Secretary shall be considered additional 
     violations.
       ``(2) Any person who violates subsection (a) with a product 
     that was, at the time of the violation, included on the list 
     described in subsection (d) shall be subject to twice the 
     civil penalty provided in paragraph (1).
       ``(3) In this subsection, the term `product' means a 
     discrete article, either in bulk or in finished form prepared 
     for sale. A number of articles, if similarly packaged and 
     bearing identical labels, shall be considered as one product, 
     but each package size, form, or differently labeled article 
     shall be considered a separate product.
       ``(d) Identification and Publication of List of Products 
     Containing Anabolic Steroids.--
       ``(1) The Attorney General may, in his discretion, collect 
     data and analyze products to determine whether they contain 
     anabolic steroids and are properly labeled in accordance with 
     this section. The Attorney General may publish in the Federal 
     Register or on the website of the Drug Enforcement 
     Administration a list of products that he has determined, 
     based on substantial evidence, contain an anabolic steroid 
     and are not labeled in accordance with this section.
       ``(2) The absence of a product from the list referred to in 
     paragraph (1) shall not constitute evidence that the product 
     does not contain an anabolic steroid.''.
       (b) Sentencing Commission Guidelines.--The United States 
     Sentencing Commission shall--
       (1) review and amend the Federal sentencing guidelines with 
     respect to offenses involving anabolic steroids, including 
     the offenses established under the amendments made by 
     subsection (a) (section 305A of the Controlled Substance 
     Act);
       (2) amend the Federal sentencing guidelines, including 
     notes to the drug quantity tables, to provide clearly that in 
     a case involving an anabolic steroid not in a tablet, 
     capsule, liquid, or other form where dosage can be readily 
     ascertained (such as a powder, topical cream, gel, or 
     aerosol), the sentence shall be determined based on the 
     entire weight of the mixture or substance;
       (3) amend the applicable guidelines by designating 
     quantities of mixture or substance that correspond to a unit 
     so that offenses involving such forms of anabolic steroids 
     are penalized at least as severely as offenses involving 
     forms whose dosage can be readily ascertained; and
       (4) take such other action as the Commission considers 
     necessary to carry out this section.
       (c) Congressional Oversight.--The Administrator of the Drug 
     Enforcement Administration shall report to Congress every 2 
     years--
       (1) what anabolic steroids have been scheduled on a 
     temporary basis under this section; and
       (2) the findings and conclusions that led to such 
     scheduling.
                                 ______
                                 
  SA 4694. Mr. INOUYE (for himself and Ms. Snowe) submitted an 
amendment intended to be proposed by him to the bill S. 510, to amend 
the Federal Food, Drug, and Cosmetic Act with respect to the safety of 
the food supply; which was ordered to lie on the table; as follows:

  At the end of the bill, insert the following:

                        TITLE V--SEAFOOD SAFETY

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Commercial Seafood 
     Consumer Protection Act''.

     SEC. 502. COMMERCIALLY-MARKETED SEAFOOD CONSUMER PROTECTION 
                   SAFETY NET.

       (a) In General.--The Secretary of Commerce shall, in 
     coordination with the Federal Trade Commission and other 
     appropriate Federal agencies, and consistent with the 
     international obligations of the United States, strengthen 
     Federal consumer protection activities for ensuring that 
     commercially-distributed seafood in the United States meets 
     the food quality and safety requirements of applicable 
     Federal laws.
       (b) Interagency Agreements.--
       (1) In general.--Within 180 days after the date of 
     enactment of this Act, the Secretary and other appropriate 
     Federal agencies shall execute memoranda of understanding or 
     other agreements to strengthen interagency cooperation on 
     seafood safety, seafood labeling, and seafood fraud.
       (2) Scope of agreements.--The agreements shall include 
     provisions, as appropriate for each such agreement, for--
       (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) standardizing data on seafood names, inspection 
     records, and laboratory testing to improve interagency 
     coordination;
       (D) coordination of the collection, storage, analysis, and 
     dissemination of all applicable information, intelligence, 
     and data related to the importation, exportation, 
     transportation, sale, harvest, processing, or trade of 
     seafood in order to detect and investigate violations under 
     applicable Federal laws, and to carry out the provisions of 
     this title;
       (E) developing a process for expediting imports of seafood 
     into the United States from foreign countries and exporters 
     that consistently adhere to the highest standards for 
     ensuring seafood safety;
       (F) coordination to track shipments of seafood in the 
     distribution chain within the United States;
       (G) enhancing labeling requirements and methods of assuring 
     compliance with such requirements to clearly identity species 
     and prevent fraudulent practices;
       (H) a process by which officers and employees of the 
     National Oceanic and Atmospheric Administration may be 
     commissioned by the head of any other appropriate Federal 
     agency to conduct or participate in seafood examinations and 
     investigations under applicable Federal laws administered by 
     such other agency;
       (I) the sharing of information concerning observed non-
     compliance with United States seafood requirements 
     domestically and in foreign countries and new regulatory 
     decisions and policies that may affect regulatory outcomes;
       (J) conducting joint training on subjects that affect and 
     strengthen seafood inspection effectiveness by Federal 
     authorities;

[[Page 17747]]

       (K) sharing, to the maximum extent allowable by law, all 
     applicable information, intelligence, and data related to the 
     importation, exportation, transportation, sale, harvest, 
     processing, or trade of seafood in order to detect and 
     investigate violations under applicable Federal laws, or 
     otherwise to carry out the provisions of this title; and
       (L) outreach to private testing laboratories, seafood 
     industries, and the public on Federal efforts to enhance 
     seafood safety and compliance with labeling requirements, 
     including education on Federal requirements for seafood 
     safety and labeling and information on how these entities can 
     work with appropriate Federal agencies to enhance and improve 
     seafood inspection and assist in detecting and preventing 
     seafood fraud and mislabeling.
       (3) Annual reports on implementation of agreements.--The 
     Secretary, the Chairman of the Federal Trade Commission, and 
     the heads of other appropriate Federal agencies that are 
     parties to agreements executed under paragraph (1) shall 
     submit, jointly or severally, an annual report to the 
     Congress concerning--
       (A) specific efforts taken pursuant to the agreements;
       (B) the budget and personnel necessary to strengthen 
     seafood safety and labeling and prevent seafood fraud; and
       (C) any additional authorities necessary to improve seafood 
     safety and labeling and prevent seafood fraud.
       (c) Marketing, Labeling, and Fraud Report.--Within 1 year 
     after the date of enactment of this Act, the Secretary and 
     the Chairman of the Federal Trade Commission shall submit a 
     joint report to the Congress on consumer protection and 
     enforcement efforts with respect to seafood marketing and 
     labeling in the United States. The report shall include--
       (1) findings with respect to the scope of seafood fraud and 
     deception in the United States market and its impact on 
     consumers;
       (2) information on how the National Oceanic and Atmospheric 
     Administration and the Federal Trade Commission can work 
     together more effectively to address fraud and unfair or 
     deceptive acts or practices with respect to seafood;
       (3) detailed information on the enforcement and consumer 
     outreach activities undertaken by the National Oceanic and 
     Atmospheric Administration and the Federal Trade Commission 
     during the preceding year pursuant to this title; and
       (4) an examination of the scope of unfair or deceptive acts 
     or practices in the United States market with respect to 
     foods other than seafood and whether additional enforcement 
     authority or activity is warranted.
       (d) NOAA Seafood Inspection and Marking Coordination.--
       (1) Deceptive marketing and fraud.--The National Oceanic 
     and Atmospheric Administration shall report deceptive seafood 
     marketing and fraud to the Federal Trade Commission pursuant 
     to an agreement under subsection (b).
       (2) Application with existing agreements.--Nothing in this 
     title shall be construed to impede, minimize, or otherwise 
     affect any agreement or agreements regarding cooperation and 
     information sharing in the inspection of fish and fishery 
     products and establishments between the Department of 
     Commerce and the Department of Health and Human Services in 
     effect on the date of enactment of this Act. Within 6 months 
     after the date of enactment of this Act, the Secretary of 
     Commerce and the Secretary of Health and Human Services shall 
     submit a joint report to the Congress on implementation of 
     any such agreement or agreements, including the extent to 
     which the Food and Drug Administration has taken into 
     consideration information resulting from inspections 
     conducted by the Department of Commerce in making risk-based 
     determinations such as the establishment of inspection 
     priorities for domestic and foreign facilities and the 
     examination and testing of imported seafood.
       (3) Coordination with sea grant program.--The Administrator 
     of the National Oceanic and Atmospheric Administration shall 
     ensure that the NOAA Seafood Inspection Program is 
     coordinated with the Sea Grant Program to provide outreach to 
     States, consumers, and the seafood industry on seafood 
     testing, seafood labeling, and seafood substitution, and 
     strategies to combat mislabeling and fraud.

     SEC. 503. CERTIFIED LABORATORIES.

       Within 180 days after the date of enactment of this Act, 
     the Secretary, in consultation with the Secretary of Health 
     and Human Services, shall increase the number of laboratories 
     certified to the standards of the Food and Drug 
     Administration in the United States and in countries that 
     export seafood to the United States for the purpose of 
     analyzing seafood and ensuring that the laboratories, 
     including Federal, State, and private facilities, comply with 
     applicable Federal laws. Within 1 year after the date of 
     enactment of this Act, the Secretary of Commerce shall 
     publish in the Federal Register a list of certified 
     laboratories. The Secretary shall update and publish the list 
     no less frequently than annually.

     SEC. 504. NOAA LABORATORIES.

       In any fiscal year beginning after the date of enactment of 
     this Act, the Secretary may increase the number and capacity 
     of laboratories operated by the National Oceanic and 
     Atmospheric Administration involved in carrying out testing 
     and other activities under this title to the extent that the 
     Secretary determines that increased laboratory capacity is 
     necessary to carry out the provisions of this title and as 
     provided for in appropriations Acts.

     SEC. 505. CONTAMINATED SEAFOOD.

       (a) Refusal of Entry.--The Secretary of Health and Human 
     Services may issue an order refusing admission into the 
     United States of all imports of seafood or seafood products 
     originating from a country or exporter if the Secretary 
     determines that shipments of such seafood or seafood products 
     do not meet the requirements established under applicable 
     Federal law.
       (b) Increased Testing.--If the Secretary of Health and 
     Human Services determines that seafood imports originating 
     from a country may not meet the requirements of Federal law, 
     and determines that there is a lack of adequate certified 
     laboratories to provide for the entry of shipments pursuant 
     to section 503, then the Secretary may order an increase in 
     the percentage of shipments tested of seafood originating 
     from such country to improve detection of potential 
     violations of such requirements.
       (c) Allowance of Individual Shipments from Exporting 
     Country or Exporter.--Notwithstanding an order under 
     subsection (a) with respect to seafood originating from a 
     country or exporter, the Secretary may permit individual 
     shipments of seafood originating in that country or from that 
     exporter to be admitted into the United States if--
       (1) the exporter presents evidence from a laboratory 
     certified by the Secretary that a shipment of seafood meets 
     the requirements of applicable Federal laws; and
       (2) the Secretary, or other agent of a Federal agency 
     authorized to conduct inspections of seafood, has inspected 
     the shipment and has found that the shipment and the 
     conditions of manufacturing meet the requirements of 
     applicable Federal laws.
       (d) Cancellation of Order.--The Secretary may cancel an 
     order under subsection (a) with respect to seafood exported 
     from a country or exporter if all shipments into the United 
     States under subsection (c) of seafood originating in that 
     country or from that exporter more than 1 year after the date 
     on which the Secretary issued the order have been found, 
     under the procedures described in subsection (c), to meet the 
     requirements of Federal law. If the Secretary determines that 
     an exporter has failed to comply with the requirements of an 
     order under subsection (a), the 1-year period in the 
     preceding sentence shall run from the date of that 
     determination rather than the date on which the order was 
     issued.
       (e) Effect.--This section shall be in addition to, and 
     shall have no effect on, the authority of the Secretary of 
     Health and Human Services under the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.) with respect to seafood, 
     seafood products, or any other product.

     SEC. 506. INSPECTION TEAMS.

       (a) Inspection of Foreign Sites.--The Secretary, in 
     cooperation with the Secretary of Health and Human Services, 
     may send 1 or more inspectors to a country or exporter from 
     which seafood exported to the United States originates. The 
     inspection team shall assess practices and processes being 
     used in connection with the farming, cultivation, harvesting, 
     preparation for market, or transportation of such seafood and 
     may provide technical assistance related to the requirements 
     established under applicable Federal laws to address seafood 
     fraud and safety. The inspection team shall prepare a report 
     for the Secretary of Commerce with its findings. The 
     Secretary of Commerce shall make a copy of the report 
     available to the country or exporter that is the subject of 
     the report and provide a 30-day period during which the 
     country or exporter may provide a rebuttal or other comments 
     on the findings to the Secretary.
       (b) Distribution and Use of Report.--The Secretary shall 
     provide the report to the Secretary of Health and Human 
     Services as information for consideration in making risk-
     based determinations such as the establishment of inspection 
     priorities of domestic and foreign facilities and the 
     examination and testing of imported seafood. The Secretary 
     shall provide the report to the Executive Director of the 
     Federal Trade Commission for consideration in making 
     recommendations to the Chairman of the Federal Trade 
     Commission regarding consumer protection to prevent fraud, 
     deception, and unfair business practices in the marketplace.

     SEC. 507. SEAFOOD IDENTIFICATION.

       (a) Standarized List of Names for Seafood.--The Secretary 
     and the Secretary of Health and Human Services shall initial 
     a joint rulemaking proceeding to develop and make public a 
     list of standardized names for seafood identification 
     purposes at distribution, marketing, and consumer retail 
     stages. The list of standardized names shall take into 
     account taxonomy, current labeling regulations, international 
     law and custom, market value, and naming precedence for all 
     commercially-distributed seafood distributed in interstate 
     commerce in the United States

[[Page 17748]]

     and may not include names, whether similar to existing or 
     commonly used names for species, that are likely to confuse 
     or mislead consumers.
       (b) Publication of List.--The list of standardized names 
     shall be made available to the public on Department of Health 
     and Human Services and the Department of Commerce websites, 
     shall be open to public review and comment, and shall be 
     updated annually.

     SEC. 508. DEFINITIONS.

       In this title:
       (1) Applicable federal laws.--The term ``applicable laws 
     and regulations'' means Federal statutes, regulations, and 
     international agreements pertaining to the importation, 
     exportation, transportation, sale, harvest, processing, or 
     trade of seafood, including the Magnuson-Stevens Fishery 
     Conservation and Management Act, section 801 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381), section 203 of 
     the Food Allergen Labeling and Consumer Protection Act of 
     2004 (21 U.S.C. 374a), and the Seafood Hazard Analysis and 
     Critical Control Point regulations in part 123 of title 21, 
     Code of Federal Regulations.
       (2) Appropriate federal agencies.--The term ``appropriate 
     Federal agencies'' includes the Department of Health and 
     Human Services, the Federal Food and Drug Administration, the 
     Department of Homeland Security, and the Department of 
     Agriculture.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
                                 ______
                                 
  SA 4695. Mr. BOND (for himself and Mr. Hatch) submitted an amendment 
intended to be proposed by him to the bill S. 3538, to improve the 
cyber security of the United States and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Cyber 
     Infrastructure Protection Act of 2010''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Energy and Natural Resources, the Committee on Homeland 
     Security and Governmental Affairs, and the Select Committee 
     on Intelligence of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Energy and Commerce, the Committee on Homeland Security, and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
       (2) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given that term in section 
     1016 of the Critical Infrastructures Protection Act of 2001 
     (42 U.S.C. 5195c).
       (3) Cyber security activities.--The term ``cyber security 
     activities'' means a class or collection of similar cyber 
     security operations of a Federal agency that involves 
     personally identifiable data that is--
       (A) screened by a cyber security system outside of the 
     Federal agency that was the intended recipient of the 
     personally identifiable data;
       (B) transferred, for the purpose of cyber security, outside 
     such Federal agency; or
       (C) transferred, for the purpose of cyber security, to an 
     element of the intelligence community.
       (4) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``Executive agency'' in section 105 of 
     title 5, United States Code.
       (5) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 401a(4)).
       (6) Local government.--The term ``local government'' has 
     the meaning given that term in section 2 of the Homeland 
     Security Act of 2002 (6 U.S.C. 101).
       (7) National cyber security program.--The term ``National 
     Cyber Security Program'' means the programs, projects, and 
     activities of the Federal Government to protect and defend 
     Federal Government information networks and to facilitate the 
     protection and defense of United States information networks.
       (8) Network.--The term ``network'' has the meaning given 
     that term by section 4(5) of the High-Performance Computing 
     Act of 1991 (15 U.S.C. 5503(5)).
       (9) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.

                     TITLE I--NATIONAL CYBER CENTER

     SEC. 101. DIRECTOR DEFINED.

       In this title, except as otherwise specifically provided, 
     the term ``Director'' means the Director of the National 
     Cyber Center appointed under section 103.

     SEC. 102. ESTABLISHMENT OF THE NATIONAL CYBER CENTER.

       There is a National Cyber Center.

     SEC. 103. DIRECTOR OF THE NATIONAL CYBER CENTER.

       (a) In General.--The head of the National Cyber Center is 
     the Director of the National Cyber Center, who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       (b) Term and Conditions of Appointment.--A Director shall 
     serve for a term not to exceed five years and during such 
     term may not simultaneously serve in any other capacity in 
     the Executive branch.
       (c) Reporting and Placement.--
       (1) Reporting.--The Director shall report directly to the 
     President.
       (2) Placement.--The position of the Director shall not be 
     located within the Executive Office of the President.
       (d) Duties of the Director.--The Director shall--
       (1) coordinate Federal Government defensive operations, 
     intelligence collection and analysis, and activities to 
     protect and defend Federal Government information networks;
       (2) act as the principal adviser to the President, the 
     National Security Council, and to the heads of Federal 
     agencies on matters relating to the protection and defense of 
     Federal Government information networks;
       (3) coordinate, and ensure the adequacy of, the National 
     Cyber Security Program budgets for Federal agencies;
       (4) maintain and disperse funds from the National Cyber 
     Defense Contingency Fund in accordance with section 108;
       (5) ensure appropriate coordination within the Federal 
     Government for the implementation of any cyber security 
     activities conducted by a Federal agency;
       (6) ensure appropriate coordination within the Federal 
     Government for the conduct of any operations, strategies, and 
     intelligence collection and analysis relating to the 
     protection and defense of Federal Government information 
     networks;
       (7) provide recommendations, on an ongoing basis, to 
     Federal agencies, private sector entities, and public and 
     private sector entities operating critical infrastructure for 
     procedures to be implemented in the event of an imminent 
     cyber attack that will protect critical infrastructure by 
     mitigating network vulnerabilities;
       (8) provide assistance to, and cooperate with, the Cyber 
     Defense Alliance established under section 202, including the 
     development of partnerships with public and private sector 
     entities, and academic institutions that encourage 
     cooperation, research, development, and cyber security 
     education and training;
       (9) develop plans and policies for the security of Federal 
     Government information networks to be implemented by the 
     appropriate Federal agency;
       (10) participate in the process to develop reliability 
     standards pursuant to section 215 of the Federal Power Act 
     (16 U.S.C. 824o);
       (11) develop plans and policies for the sharing of cyber 
     threat-related information among appropriate Federal 
     agencies, and to the extent consistent with the protection of 
     national security sources and methods, with State, tribal, 
     and local government departments, agencies, and entities, and 
     public and private sector entities that operate critical 
     infrastructure;
       (12) develop policies and procedures to ensure the 
     continuity of Federal Government operations in the event of a 
     national cyber crisis; and
       (13) perform such other functions as may be directed by the 
     President.

     SEC. 104. MISSIONS OF THE NATIONAL CYBER CENTER.

       (a) In General.--The National Cyber Center shall--
       (1) serve as the primary organization for coordinating 
     Federal Government defensive operations, intelligence 
     collection and analysis, and activities to protect and defend 
     Federal Government information networks;
       (2) develop policies and procedures for implementation 
     across the Federal Government on matters relating to the 
     protection and defense of Federal Government information 
     networks;
       (3) provide a process for resolving conflicts among Federal 
     agencies relating to the implementation of cyber security 
     activities or the conduct of operations, strategies, and 
     intelligence collection and analysis relating to the 
     protection and defense of Federal Government information 
     networks;
       (4) assign roles and responsibilities to Federal agencies, 
     as appropriate, for the protection and defense of Federal 
     Government information networks that are consistent with 
     applicable law; and
       (5) ensure that, as appropriate, Federal agencies have 
     access to, and receive, information, including appropriate 
     private sector information, regarding cyber threats to 
     Federal Government information networks.
       (b) Access to Intelligence.--The Director shall have access 
     to all intelligence relating to cyber security collected by 
     any Federal agency--
       (1) except as otherwise provided by law;
       (2) unless otherwise directed by the President; or
       (3) unless the Attorney General and the Director agree on 
     guidelines to limit such access.

     SEC. 105. COMPOSITION OF NATIONAL CYBER CENTER.

       (a) Integration of Resources.--Not later than 90 days after 
     the date of the confirmation of the initial Director, the 
     Secretary of

[[Page 17749]]

     Defense, the Secretary of Homeland Security, the Director of 
     National Intelligence, and the Director of the Federal Bureau 
     of Investigation shall, in consultation with the Director, 
     collocate and integrate within the National Cyber Center such 
     elements, offices, task forces, and other components of the 
     Department of Defense, the Department of Homeland Security, 
     the intelligence community, and the Federal Bureau of 
     Investigation that are necessary to carry out the missions of 
     the National Cyber Center.
       (b) Participation of Federal Agencies.--Any Federal agency 
     not referred to in subsection (a) may participate in the 
     National Cyber Center if the head of such Federal agency and 
     the Director agree on the level and type of such 
     participation.
       (c) Recommendations for Consolidation.--In order to reduce 
     duplication of Federal Government efforts, the Director may 
     recommend that the President transfer to, and consolidate 
     within, the National Cyber Center activities that relate to 
     the protection and defense of Federal Government information 
     networks.
       (d) Integration of Information Networks.--The Director 
     shall, in coordination with the appropriate head of a Federal 
     agency, oversee the integration within the National Cyber 
     Center of information relating to the protection and defense 
     of Federal Government information networks, including to the 
     extent necessary and consistent with the protection of 
     sources and methods, databases containing such information.

     SEC. 106. NATIONAL CYBER CENTER OFFICIALS.

       (a) Deputy Directors.--
       (1) In general.--There shall be two Deputy Directors of the 
     National Cyber Center as follows:
       (A) A Deputy Director who shall be appointed by the 
     Secretary of Defense, with the concurrence of the Director.
       (B) A Deputy Director who shall be appointed by the 
     Secretary of Homeland Security, with the concurrence of the 
     Director.
       (2) Appointment criteria.--An individual appointed Deputy 
     Director of the National Cyber Center shall have extensive 
     cyber security and management expertise.
       (3) Duties.--Each Deputy Director of the National Cyber 
     Center shall assist the Director in carrying out the duties 
     and responsibilities of the Director.
       (4) Vacancy.--
       (A) Absence or disability of director.--As determined by 
     the Director, a Deputy Director of the National Cyber Center 
     shall act for, and exercise the powers of, the Director 
     during the absence or disability of the Director.
       (B) Vacancy in position of director.--As determined by the 
     President, a Deputy Director of the National Cyber Center 
     shall act for, and exercise the powers of, the Director 
     during a vacancy in the position of the Director.
       (b) General Counsel.--
       (1) In general.--There is a General Counsel of the National 
     Cyber Center who shall be appointed by the Director.
       (2) Duties.--The General Counsel is the chief legal officer 
     of the National Cyber Center and shall perform such functions 
     as the Director may prescribe.
       (c) Other Officials.--The Director may designate such other 
     officials in the National Cyber Center as the Director 
     determines appropriate.
       (d) Staff.--To assist the Director in fulfilling the duties 
     and responsibilities of the Director, the Director shall 
     employ and utilize a professional staff having expertise in 
     matters relating to the mission of the National Cyber Center, 
     and may establish permanent positions and appropriate rates 
     of pay with respect to such staff.

     SEC. 107. NATIONAL CYBER SECURITY PROGRAM BUDGET.

       (a) Submission of Cyber Budget Request to the Director.--
     For each fiscal year, the head of each Federal agency with 
     responsibilities for matters relating to the protection and 
     defense of Federal Government information networks shall 
     transmit to the Director a copy of the proposed National 
     Cyber Security Program budget request of the agency prior to 
     the submission of such proposed budget request to the Office 
     of Management and Budget in the preparation of the budget of 
     the President submitted to Congress under section 1105(a) of 
     title 31, United States Code.
       (b) Review and Certification of Budget Requests and Budget 
     Submissions.--
       (1) In general.--The Director shall review each budget 
     request submitted to the Director under subsection (a).
       (2) Review of budget requests.--
       (A) Inadequate requests.--If the Director concludes that a 
     budget request submitted under subsection (a) for a Federal 
     agency is inadequate to accomplish the protection and defense 
     of Federal Government information networks, or to facilitate 
     the protection and defense of United States information 
     networks, with respect to such Federal agency for the year 
     for which the request is submitted, the Director shall submit 
     to the head of such Federal agency a written description of 
     funding levels and specific initiatives that would, in the 
     determination of the Director, make the request adequate to 
     accomplish the protection and defense of such information 
     networks.
       (B) Adequate requests.--If the Director concludes that a 
     budget request submitted under subsection (a) for a Federal 
     agency is adequate to accomplish the protection and defense 
     of Federal Government information networks, or to facilitate 
     the protection and defense of United States information 
     networks, with respect to such Federal agency for the year 
     for which the request is submitted, the Director shall submit 
     to the head of such Federal agency a written statement 
     confirming the adequacy of the request.
       (C) Record.--The Director shall maintain a record of each 
     description submitted under subparagraph (A) and each 
     statement submitted under subparagraph (B).
       (3) Agency response.--
       (A) In general.--The head of a Federal agency that receives 
     a description under paragraph (2)(A) shall include the 
     funding levels and initiatives described by the Director in 
     the National Cyber Security Program budget submission for 
     such Federal agency to the Office of Management and Budget.
       (B) Impact statement.--If the head of a Federal agency 
     alters the National Cyber Security Program budget submission 
     of such agency based on a description received under 
     paragraph (2)(A), such head shall include as an appendix to 
     the budget submitted to the Office of Management and Budget 
     for such agency an impact statement that summarizes--
       (i) the changes made to the budget based on such 
     description; and
       (ii) the impact of such changes on the ability of such 
     agency to perform its other responsibilities, including any 
     impact on specific missions or programs of such agency.
       (4) Congressional notification.--The head of a Federal 
     agency shall submit to Congress a copy of any impact 
     statement prepared under paragraph (3)(B) at the time the 
     National Cyber Security Program budget for such agency is 
     submitted to Congress under section 1105(a) of title 31, 
     United States Code.
       (5) Certification of national cyber security program budget 
     submissions.--
       (A) In general.--At the time the head of a Federal agency 
     submits a National Cyber Security Program budget request for 
     such agency for a fiscal year to the Office of Management and 
     Budget, such head shall submit a copy of the National Cyber 
     Security Program budget request to the Director.
       (B) Decertification.--
       (i) In general.--The Director shall review each National 
     Cyber Security Program budget request submitted under 
     subparagraph (A).
       (ii) Budget decertification.--If, based on the review under 
     clause (i), the Director concludes that such budget request 
     does not include the funding levels and specific initiatives 
     that would, in the determination of the Director, make the 
     request adequate to accomplish the protection and defense of 
     Federal Government information networks, or to facilitate the 
     protection and defense of United States information networks, 
     the Director may issue a written decertification of such 
     Federal agency's budget.
       (iii) Submission to congress.--In the case of a 
     decertification of a budget request issued under clause (ii), 
     the Director shall submit to Congress a copy of--

       (I) such National Cyber Security Program budget request;
       (II) such decertification; and
       (III) the description made for the budget request under 
     paragraph (2)(B).

       (c) Consolidated National Cyber Security Program Budget 
     Proposal.--For each fiscal year, following the transmission 
     of proposed National Cyber Security Program budget requests 
     for Federal agencies to the Director under subsection (a), 
     the Director shall, in consultation with the head of such 
     Federal agencies--
       (1) develop a consolidated National Cyber Security Program 
     budget proposal;
       (2) submit the consolidated budget proposal to the 
     President; and
       (3) after making the submission required by paragraph (2), 
     submit the consolidated budget proposal to Congress.

     SEC. 108. NATIONAL CYBER DEFENSE CONTINGENCY FUND.

       (a) Establishment of Fund.--There is established within the 
     National Cyber Security Program Budget a fund to be known as 
     the ``National Cyber Defense Contingency Fund,'' which shall 
     consist of amounts appropriated to the Fund for the purpose 
     of providing financial assistance and technical and 
     operational support in the event of a significant cyber 
     incident.
       (b) Administration.--The Director shall be responsible for 
     the administration and management of the amounts in the 
     National Cyber Defense Contingency Fund.
       (c) Use.--In response to a significant cyber incident 
     involving Federal Government or United States information 
     networks, the Director may distribute amounts from the 
     National Cyber Defense Contingency Fund to appropriate 
     Federal agencies.
       (d) Notification.--Prior to distributing amounts under this 
     section, the Director shall notify the appropriate 
     congressional committees.
       (e) Significant Cyber Incident Defined.--In this section, 
     the term ``significant cyber incident'' means a malicious 
     act, suspicious event, or accident that--

[[Page 17750]]

       (1) causes a disruption of Federal Government or United 
     States information networks;
       (2) affects one or more Federal agencies or public or 
     private sector entities operating critical infrastructure;
       (3) affects more than one State or a substantial number of 
     residents in one or more States; and
       (4) results in a substantial likelihood of harm or 
     financial loss to the United States or its citizens.

     SEC. 109. PROGRAM BUDGET SUBMISSION.

       (a) Submission.--Section 1105(a) of title 31, United States 
     Code, is amended by adding at the end the following:
       ``(38) a separate statement of the combined and individual 
     amounts of appropriations requested for the National Cyber 
     Security Program, including a separate statement of the 
     amounts of appropriations requested by the Secretary of 
     Defense for the operation and activities of the National 
     Cyber Center and a separate statement of the amounts of 
     appropriations requested by the Secretary of Energy for the 
     operation and activities of the Cyber Defense Alliance.''.
       (b) Technical Amendments.--Section 1105(a) of title 31, 
     United States Code, as amended by subsection (a), is further 
     amended--
       (1) by redesignating the paragraph (33) added by section 
     889 of the Homeland Security Act of 2002 (Public Law 107-296; 
     116 Stat. 2250) as paragraph (35);
       (2) by redesignating the paragraph (35) added by section 
     203 of the Emergency Economic Stabilization Act of 2008 
     (division A of Public Law 110-343; 122 Stat. 3765) as 
     paragraph (36); and
       (3) by redesignating the paragraph (36) added by section 2 
     of the Veterans Health Care Budget Reform and Transparency 
     Act of 2009 (Public Law 111-81; 123 Stat. 2137) as paragraph 
     (37).

     SEC. 110. CONSTRUCTION.

       Except as otherwise specifically provided, nothing in this 
     title shall be construed as terminating, altering, or 
     otherwise affecting any authority of the head of a Federal 
     agency collocated within or otherwise participating in the 
     National Cyber Center.

     SEC. 111. CONGRESSIONAL OVERSIGHT.

       The Director shall keep the appropriate congressional 
     committees fully and currently informed of the significant 
     activities of the National Cyber Center relating to ensuring 
     the security of Federal Government information networks.

                    TITLE II--CYBER DEFENSE ALLIANCE

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Board.--The term ``Board'' means the Board of Directors 
     of the Cyber Defense Alliance established pursuant to section 
     204(a).
       (2) National laboratory.--The term ``National Laboratory'' 
     has the meaning given that term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).

     SEC. 202. CYBER DEFENSE ALLIANCE.

       (a) Charter.--There is within a National Laboratory a 
     public and private partnership for sharing cyber threat 
     information and exchanging technical assistance, advice, and 
     support to be known as the Cyber Defense Alliance.
       (b) Establishment.--The Secretary of Energy, in 
     coordination with the Director of the National Cyber Center, 
     the Director of National Intelligence, the Secretary of 
     Defense, the Secretary of Homeland Security, and the Director 
     of the Federal Bureau of Investigation, shall determine the 
     appropriate location for, and establish, the Cyber Defense 
     Alliance.
       (c) Criteria.--The criteria to be used in selecting a 
     National Laboratory under subsection (a) shall include the 
     following:
       (1) Whether the National Laboratory has received 
     recognition from members of the intelligence community, the 
     Secretary of Homeland Security, or the Secretary of Defense 
     for its cyber capabilities.
       (2) Whether the National Laboratory has demonstrated the 
     ability to address cyber-related issues involving varying 
     levels of classified information.
       (3) Whether the National Laboratory has demonstrated the 
     capability to develop cooperative relationships with the 
     private sector on cyber-related issues.
       (d) Partnership.--If the Secretary of Energy, the Director 
     of the National Cyber Center, the Director of National 
     Intelligence, the Secretary of Defense, the Secretary of 
     Homeland Security, and the Director of the Federal Bureau of 
     Investigation determine that the missions and activities of 
     the Cyber Defense Alliance may only be accomplished through a 
     partnership of two or more National Laboratories acting 
     jointly to support the Alliance, then the Alliance may be 
     established and located within such National Laboratories.

     SEC. 203. MISSION AND ACTIVITIES.

       The Cyber Defense Alliance shall--
       (1) facilitate the exchange of ideas and technical 
     assistance and support related to the security of public, 
     private, and critical infrastructure information networks;
       (2) promote research and development, including the 
     advancement of private funding for research and development, 
     related to ensuring the security of public, private, and 
     critical infrastructure information networks;
       (3) serve as a national clearinghouse for the exchange of 
     cyber threat information for the benefit of the private 
     sector, educational institutions, State, tribal, and local 
     governments, public and private sector entities operating 
     critical infrastructure, and the Federal Government in order 
     to enhance the ability of recipients of such information to 
     ensure the protection and defense of public, private, and 
     critical infrastructure information networks; and
       (4) coordinate with the private sector, State, tribal, and 
     local governments, the governments of foreign countries, 
     international organizations, and academic institutions in 
     developing and encouraging the use of voluntary standards for 
     enhancing the security of information networks.

     SEC. 204. BOARD OF DIRECTORS.

       (a) In General.--The Cyber Defense Alliance shall have a 
     Board of Directors which shall be responsible for--
       (1) the executive and administrative operation of the 
     Alliance, including matters relating to funding and promotion 
     of the Alliance; and
       (2) ensuring and facilitating compliance by members of the 
     Alliance with the requirements of this title.
       (b) Composition.--The Board shall be composed of the 
     following members:
       (1) One representative of the Department of Energy.
       (2) Four representatives of Federal agencies, other than 
     the Department of Energy, that have significant 
     responsibility for the protection or defense of government 
     information networks.
       (3) Two representatives from the private sector, one of 
     whom shall have experience in civil liberties matters.
       (4) Two representatives of State, tribal, and local 
     government departments, agencies, or entities.
       (5) Two representatives from the financial sector.
       (6) Two representatives from electronic communication 
     service providers.
       (7) Two representatives from the transportation industry.
       (8) Two representatives from the chemical industry.
       (9) Two representatives from a public or private electric 
     utility company or other generators of power.
       (10) One representative from an academic institution with 
     established expertise in cyber-related matters.
       (11) One additional representative with considerable 
     expertise in cyber-related matters.
       (c) Initial Appointment.--Not later than 30 days after the 
     date of the enactment of this Act, the Director of the 
     National Cyber Center, the Secretary of Energy, the Director 
     of National Intelligence, the Secretary of Defense, the 
     Secretary of Homeland Security, and the Director of the 
     Federal Bureau of Investigation shall jointly appoint the 
     members of the Board described under subsection (b).
       (d) Terms.--
       (1) Representatives of certain federal agencies.--Each 
     member of the Board described in subsection (b)(1) shall 
     serve for a term that is--
       (A) not longer than three years from the date of the 
     member's appointment; and
       (B) determined jointly by the Director of the National 
     Cyber Center, the Secretary of Energy, the Director of 
     National Intelligence, the Secretary of Defense, the 
     Secretary of Homeland Security, and the Director of the 
     Federal Bureau of Investigation.
       (2) Other representatives.--The original members of the 
     Board described in paragraphs (3) through (11) of subsection 
     (b) shall serve an initial term of one year from the date of 
     appointment under subsection (c), at which time the members 
     of the Cyber Defense Alliance shall conduct elections in 
     accordance with the procedures established under subsection 
     (e).
       (e) Rules and Procedures.--Not later than 90 days after the 
     date of the enactment of this Act, the Board shall establish 
     rules and procedures for the election and service of members 
     of the Board described in paragraphs (3) through (11) of 
     subsection (b).
       (f) Leadership.--The Board shall elect from among its 
     members a chair and co-chair of the Board, who shall serve 
     under such terms and conditions as the Board may establish.
       (g) Sub-Boards.--The Board shall have the authority to 
     constitute such sub-Boards, or other advisory groups or 
     panels, from among the members of the Board as may be 
     necessary to assist the Board in carrying out its functions 
     under this section.

     SEC. 205. CYBER DEFENSE ALLIANCE MEMBERSHIP.

       (a) Requirement for Procedures.--Not later than 90 days 
     after the date of the enactment of this Act, the Board shall 
     establish procedures for the voluntary membership by State, 
     tribal, and local government departments, agencies, and 
     entities, private sector businesses and organizations, and 
     academic institutions in the Cyber Defense Alliance.
       (b) Participation by Federal Agencies.--The Director of the 
     National Cyber Center, in coordination with the Secretary of 
     Energy, the Director of National Intelligence, the Secretary 
     of Defense, the Secretary of

[[Page 17751]]

     Homeland Security, the Director of the Federal Bureau of 
     Investigation, and the heads of other appropriate Federal 
     agencies, may provide for the participation and cooperation 
     of such Federal agencies in the Cyber Defense Alliance.

     SEC. 206. FUNDING.

       (a) Initial Expenses.--Administrative and logistical 
     expenses associated with the initial establishment of the 
     Cyber Defense Alliance shall be paid by the Secretary of 
     Energy and shall be included within the National Cyber 
     Security Program budget request for the Department of Energy.
       (b) Other Expenses.--
       (1) In general.--Except as provided in paragraph (2), 
     annual administrative and operational expenses for the Cyber 
     Defense Alliance shall be paid by the members of such 
     Alliance, as determined by the Board.
       (2) Maximum federal contribution.--Not more than 15 percent 
     of the annual expenses referred to in paragraph (1) may be 
     paid by the Federal Government. Such amount shall be provided 
     under the direction of the Secretary of Energy and shall be 
     included within the National Cyber Security Program budget 
     request for the Department of Energy.

     SEC. 207. CLASSIFIED INFORMATION.

       Consistent with the protection of sensitive intelligence 
     sources and methods, the Director of National Intelligence 
     shall facilitate--
       (1) the sharing of classified information in the possession 
     of a Federal agency related to threats to information 
     networks with appropriately cleared members of the Alliance, 
     including representatives of the private sector and of public 
     and private sector entities operating critical 
     infrastructure; and
       (2) the declassification and sharing of information in the 
     possession of a Federal agency related to threats to 
     information networks with members of the Alliance.

     SEC. 208. VOLUNTARY INFORMATION SHARING.

       (a) Uses of Shared Information.--
       (1) In general.--Notwithstanding any other provision of law 
     and subject to paragraph (2), information shared with or 
     provided to the Cyber Defense Alliance or to a Federal agency 
     through such Alliance by any member of the Cyber Defense 
     Alliance that is not a Federal agency in furtherance of the 
     mission and activities of the Alliance as described in 
     section 203--
       (A) shall be exempt from disclosure under section 552 of 
     title 5, United States Code (commonly referred to as the 
     Freedom of Information Act);
       (B) shall not be subject to the rules of any Federal agency 
     or any judicial doctrine regarding ex parte communications 
     with a decision-making official;
       (C) shall not, without the written consent of the person or 
     entity submitting such information, be used directly by any 
     Federal agency, any other Federal, State, tribal, or local 
     authority, or any third party, in any civil action arising 
     under Federal or State law if such information is submitted 
     to the Cyber Defense Alliance in good faith and for the 
     purpose of facilitating the missions of such Alliance;
       (D) shall not, without the written consent of the person or 
     entity submitting such information, be used or disclosed by 
     any officer or employee of the United States for purposes 
     other than the purposes of this title, except--
       (i) in furtherance of an investigation or the prosecution 
     of a criminal act; or
       (ii) the disclosure of the information to the appropriate 
     congressional committee;
       (E) shall not, if subsequently provided to a State, tribal, 
     or local government or government agency--
       (i) be made available pursuant to any State, tribal, or 
     local law requiring disclosure of information or records;
       (ii) otherwise be disclosed or distributed to any party by 
     such State, tribal, or local government or government agency 
     without the written consent of the person or entity 
     submitting such information; or
       (iii) be used other than for the purpose of protecting 
     information systems, or in furtherance of an investigation or 
     the prosecution of a criminal act; and
       (F) does not constitute a waiver of any applicable 
     privilege or protection provided under law, such as trade 
     secret protection.
       (2) Application.--Paragraph (1) shall only apply to 
     information shared with or provided to the Cyber Defense 
     Alliance or to a Federal agency through such Alliance by a 
     member of the Cyber Defense Alliance that is not a Federal 
     agency if such information is accompanied by an express 
     statement requesting that such paragraph apply.
       (b) Limitation.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to any communication of 
     information to a Federal agency made pursuant to this title.
       (c) Procedures.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall, in consultation with the heads of 
     appropriate Federal agencies, establish uniform procedures 
     for the receipt, care, and storage by such agencies of 
     information that is voluntarily submitted to the Federal 
     Government through the Cyber Defense Alliance.
       (2) Elements.--The procedures established under paragraph 
     (1) shall include procedures for--
       (A) the acknowledgment of receipt by a Federal agency of 
     cyber threat information that is voluntarily submitted to the 
     Federal Government;
       (B) the maintenance of the identification of such 
     information;
       (C) the care and storage of such information;
       (D) limiting subsequent dissemination of such information 
     to ensure that such information is not used for an 
     unauthorized purpose;
       (E) the protection of the constitutional and statutory 
     rights of any individuals who are subjects of such 
     information; and
       (F) the protection and maintenance of the confidentiality 
     of such information so as to permit the sharing of such 
     information within the Federal Government and with State, 
     tribal, and local governments, and the issuance of notices 
     and warnings related to the protection of information 
     networks, in such manner as to protect from public disclosure 
     the identity of the submitting person or entity, or 
     information that is proprietary, business sensitive, relates 
     specifically to the submitting person or entity, and is 
     otherwise not appropriately in the public domain.
       (d) Independently Obtained Information.--Nothing in this 
     section shall be construed to limit or otherwise affect the 
     ability of a Federal agency, a State, tribal, or local 
     government or government agency, or any third party--
       (1) to obtain cyber threat information in a manner other 
     than through the Cyber Defense Alliance, including obtaining 
     any information lawfully and properly disclosed generally or 
     broadly to the public; and
       (2) to use such information in any manner permitted by law.

     SEC. 209. PENALTIES.

       (a) In General.--It shall be unlawful for any officer or 
     employee of the United States or of any Federal agency to 
     knowingly publish, divulge, disclose, or make known in any 
     manner or to any extent not authorized by law, any cyber 
     threat information protected from disclosure by this title 
     coming to such officer or employee in the course of the 
     employee's employment or official duties or by reason of any 
     examination or investigation made by, or return, report, or 
     record made to or filed with, such officer, employee, or 
     agency.
       (b) Penalty.--Any person who violates subsection (a) shall 
     be fined under title 18, United States Code, imprisoned for 
     not more than 1 year, or both, and shall be removed from 
     office or employment.

     SEC. 210. AUTHORITY TO ISSUE WARNINGS.

       The Federal Government may provide advisories, alerts, and 
     warnings to relevant companies, targeted sectors, other 
     government entities, or the general public regarding 
     potential threats to information networks as appropriate. In 
     issuing a warning, the Federal Government shall take 
     appropriate actions to protect from disclosure--
       (1) the source of any voluntarily submitted information 
     that forms the basis for the warning; and
       (2) information that is proprietary, business sensitive, 
     relates specifically to the submitting person or entity, or 
     is otherwise not appropriately in the public domain.

     SEC. 211. EXEMPTION FROM ANTITRUST PROHIBITIONS.

       The exchange of information by and between private sector 
     members of the Cyber Defense Alliance, in furtherance of the 
     mission and activities of the Cyber Defense Alliance, shall 
     not be considered a violation of any provision of the 
     antitrust laws (as defined in the first section of the 
     Clayton Act (15 U.S.C. 12)).

     SEC. 212. DURATION.

       The Cyber Defense Alliance shall cease to exist on December 
     31, 2020.
                                 ______
                                 
  SA 4696. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 510, to amend the Federal Food, Drug, and Cosmetic 
Act with respect to the safety of the food supply; which was ordered to 
lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Ensuring 
     Greater Food Safety Act of 2010''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Ensuring Federal agencies effectively communicate to ensure 
              greater food safety.
Sec. 3. Strategic plan for health information technology.
Sec. 4. Expediting new food safety technologies.
Sec. 5. Limited access to records in public health emergencies.
Sec. 6. Registration of food facilities.
Sec. 7. Clarifying FDA authority to require preventive controls.
Sec. 8. Export certification fees for foods and animal feed.
Sec. 9. Leveraging third party inspections.
Sec. 10. Entry of food from facilities inspected by an accredited third 
              party.

[[Page 17752]]

Sec. 11. Activities with other governments.
Sec. 12. Compliance with international agreements.

     SEC. 2. ENSURING FEDERAL AGENCIES EFFECTIVELY COMMUNICATE TO 
                   ENSURE GREATER FOOD SAFETY.

       (a) In General.--Notwithstanding any other provision of 
     law, not later than 60 days after the date of enactment of 
     this Act, the Secretary of Health and Human Services and the 
     Secretary or Agriculture shall establish a plan to ensure 
     effective information sharing regarding the regulation and 
     inspection of food products and facilities, including 
     violations, in which the Food and Drug Administration and the 
     Department of Agriculture share joint, overlapping, or 
     similar responsibility.
       (b) Joint Report.--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 shall issue to 
     Congress a joint report that summarizes the effectiveness, or 
     lack of effectiveness, of the new information sharing 
     arrangement established pursuant to subsection (a).
       (c) GAO Report.--Not later than 1 year after the issuance 
     of the report under subsection (b), the Comptroller General 
     of the United States shall issue to Congress a report 
     concerning the determination and description of any 
     inefficiencies or other challenges that remain regarding the 
     sharing of information as required pursuant to subsection 
     (a).

     SEC. 3. STRATEGIC PLAN FOR HEALTH INFORMATION TECHNOLOGY.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Health and Human Services shall submit 
     to the Committee on Health, Education, Labor, and Pensions 
     and the Committee on Appropriations of the Senate and the 
     Committee on Energy and Commerce and the Committee on 
     Appropriations of the House of Representatives, a strategic 
     plan on information technology that includes--
       (1) an assessment of the information technology 
     infrastructure, including systems for food safety data 
     collection, access to data in external food safety databases, 
     data mining capabilities, personnel, and personnel training 
     programs, needed by the Food and Drug Administration to--
       (A) comply with the requirements of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 301 et seq.);
       (B) achieve interoperability within the Center for Food 
     Safety and Nutrition and between the Food and Drug 
     Administration and the Department of Agriculture, U.S. 
     Customs and Border Protection, and the Centers for Disease 
     Control and Prevention;
       (C) utilize electronic import and recall records; and
       (D) communicate food safety and recall information to 
     industry and the public;
       (2) an assessment of the extent to which the current 
     information technology assets of the Food and Drug 
     Administration are sufficient to meet the needs assessments 
     under paragraph (1);
       (3) a plan for enhancing the information technology assets 
     of the Food and Drug Administration toward meeting the needs 
     assessments under paragraph (1); and
       (4) an assessment of additional resources needed to so 
     enhance the information technology assets of the Food and 
     Drug Administration.

     SEC. 4. EXPEDITING NEW FOOD SAFETY TECHNOLOGIES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, acting through the Commissioner of Food and Drugs, 
     shall submit to Congress a plan for a more expeditious 
     process for approving new technologies used to ensure the 
     safety of the food supply.
       (b) Content.--The report submitted under subsection (a) 
     shall include a description of how the Food and Drug 
     Administration plans to provide more effective risk-
     communication regarding new technologies described in such 
     report that are approved by such Administration.

     SEC. 5. LIMITED ACCESS TO RECORDS IN PUBLIC HEALTH 
                   EMERGENCIES.

       (a) Maintenance and Inspection of Records.--Section 414 of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350c) is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``or a related article of food'' after 
     ``such article'' each place the term appears;
       (B) by inserting ``or a related article of food'' after 
     ``whether the food''; and
       (C) by adding at the end the following: ``In this 
     subsection, the term `related article of food' means an 
     article of food that is related to the article of food the 
     Secretary has reason to believe is adulterated, such as an 
     article of food produced on the same manufacturing line as 
     the article of food believed to be adulterated.''; and
       (2) by adding at the end the following:
       ``(e) Food-related Emergencies.--In the case of a food-
     related public health emergency declared by the Secretary 
     under section 319 of the Public Health Service Act, the 
     Secretary may take action as described in subsection (a) if 
     the Secretary has a reasonable belief that such article of 
     food--
       ``(1) presents a threat of serious adverse health 
     consequences or death; and
       ``(2) is related to the emergency.''.
       (b) Factory Inspection.--Section 704(a)(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)(1)) is amended 
     in the second sentence by inserting ``, and in the case of a 
     food-related public health emergency declared by the 
     Secretary under section 319 of the Public Health Service Act, 
     the inspection shall extend to all records and other 
     information described in section 414 if the Secretary has a 
     reasonable belief that such article of food presents a threat 
     of serious adverse health consequences or death and is 
     related to the emergency, subject to the limitations 
     established in section 414(d)'' before the period at the end.

     SEC. 6. REGISTRATION OF FOOD FACILITIES.

       Section 415(a) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 350d(a)) is amended--
       (1) in paragraph (2), by inserting ``(or any successor 
     regulation)'' after ``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 reregistration.--
       ``(A) In general.--On a biennial basis, a registrant that 
     has registered under paragraph (1) shall submit to the 
     Secretary a reregistration containing the information 
     described in paragraph (2).
       ``(B) Expedited reregistration.--The Secretary may provide 
     for an expedited reregistration process in the case of a 
     registrant for which the information described in paragraph 
     (2) has not changed since the preceding registration or 
     reregistration.''.

     SEC. 7. CLARIFYING FDA AUTHORITY TO REQUIRE PREVENTIVE 
                   CONTROLS.

       Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 341 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 418. PREVENTIVE CONTROLS.

       ``(a) Definitions.--In 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, as a result, an identified 
     food safety hazard can be prevented, eliminated, or reduced 
     to acceptable levels.
       ``(2) Critical limit.--The term `critical limit' means the 
     maximum or minimum value to which a physical, biological, or 
     chemical parameter must be controlled at a critical control 
     point to prevent, eliminate, or reduce to an acceptable level 
     the occurrence of the identified food safety hazard.
       ``(b) Regulations by Secretary.--The Secretary--
       ``(1) may by regulation require manufacturers, processors, 
     and packers of food to implement science-based and risk-based 
     processes to prevent, reduce, or eliminate specific hazards 
     from high-risk foods; and
       ``(2) may issue guidance to assist the relevant industry 
     with compliance with this section.
       ``(c) Limitation.--The Secretary shall not have the 
     authority to place any specific requirements on food safety 
     plans required pursuant to subsection (d)(1). The authority 
     of the Secretary under this section is limited to validating 
     the existence of a food safety plan that meets the explicit 
     statutory requirements provided in this section.
       ``(d) Content.--
       ``(1) Determination.--The regulations under subsection (b) 
     shall include a determination specifying the food facilities 
     which shall be required to develop and maintain a written 
     food safety plan. The determination shall include a careful 
     examination of the effect on small businesses and shall 
     include specific exemptions for firms that will be adversely 
     impacted by the requirements of this section.
       ``(2) Requirement.--The regulations under subsection (b) 
     shall require that a required food safety plan--
       ``(A) list the food safety hazards which the plan is 
     intended to address;
       ``(B) list the critical control points for each of the 
     identified food safety hazards;
       ``(C) list the critical limits that must be met at each of 
     the critical control points;
       ``(D) list the procedures, and frequency thereof, that will 
     be used to monitor each of the critical control points to 
     ensure compliance with the critical limits;
       ``(E) include any corrective action plans that have been 
     developed to be followed in response to deviations from 
     critical limits at critical control points to either prevent 
     the food from entering commerce, or for correcting the 
     deviation;
       ``(F) list the verification procedures, and frequency 
     thereof, that the manufacturer, processor, packer will use to 
     ensure the plan is adequate to control identified food safety 
     hazards and that the plan is being effectively implemented;
       ``(G) provide for a recordkeeping system that documents the 
     acceptance and implementation of the plan, including 
     calibration of instruments, monitoring of the critical 
     control points, and corrective actions;
       ``(H) establish a schedule for periodic reassessment of the 
     adequacy of the plan which shall be at least annually and 
     whenever any changes occur that could affect the hazard 
     analysis or alter the food safety plan; and

[[Page 17753]]

       ``(I) be modified immediately whenever a reassessment or 
     ongoing verification reveals that the plan is no longer 
     adequate to fully meet the requirements of this section.
       ``(3) Description.--The regulations under subsection (b) 
     shall describe, as the Secretary determines necessary, any 
     evidence that shall be required to accompany food imported or 
     offered for import into the United States to verify that the 
     food was manufactured, processed, or packed under conditions 
     that comply with this Act. Such evidence shall be of a 
     similar nature and stringency to that which is required by 
     the regulations for food manufactured, processed, or packed 
     in the United States.
       ``(e) Official Review.--All records, food safety plans, and 
     procedures required by this section shall be made available 
     to the Secretary upon request for official review and copying 
     at reasonable times. In conducting such a review, the 
     authority of the Secretary shall be limited to validating the 
     existence of the plan and the Secretary shall not have the 
     authority to alter the plan or require specific items with 
     the plan.
       ``(f) Public Disclosure.--All food safety plans and records 
     required by this section shall not be made available for 
     public disclosure unless such plans and records are data and 
     information previously disclosed to the public (as described 
     in section 20.81 of title 21, Code of Federal Regulations), 
     or such plans and records relate to a food or ingredient that 
     has been abandoned and such plans and records no longer 
     represent a trade secret or confidential commercial or 
     financial information (as described in section 20.61 of title 
     21, Code of Federal Regulations).
       ``(g) Imports.--
       ``(1) In general.--The Secretary may establish additional 
     or substitute methods and requirements to apply to foreign 
     manufacturers, processors, and packers of food that are of 
     similar stringency to the methods and requirements applicable 
     to domestic manufacturers, processors, and packers of food. 
     Such methods or requirements shall ensure that--
       ``(A) food imported or offered for import into the United 
     States is manufactured, processed, and packed in accordance 
     with this Act; and
       ``(B) food manufactured, processed, or packed in a foreign 
     country is evaluated for compliance with this Act in a 
     similar manner as food manufactured, processed, or packed in 
     the United States.
       ``(2) Competent third party.--An importer may contract with 
     a competent third party to assist with or perform any or all 
     of the verification activities specified in this section.
       ``(h) Exceptions.--The regulations in this section shall 
     not apply to--
       ``(1) harvesting food, without otherwise engaging in 
     processing;
       ``(2) the operation of a retail establishment;
       ``(3) the manufacturing, processing, or packing of seafood 
     or fresh juice; and
       ``(4) small producers that demonstrate in writing to the 
     Secretary that complying with such regulations would 
     adversely impact their operations.''.

     SEC. 8. EXPORT CERTIFICATION FEES FOR FOODS AND ANIMAL FEED.

       (a) Authority for Export Certifications for Food, Including 
     Animal Feed.--Section 801(e)(4)(A) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381(e)(4)(A)) is amended--
       (1) in the matter preceding clause (i), by striking ``a 
     drug'' and inserting ``a food, drug'';
       (2) in clause (i) by striking ``exported drug'' and 
     inserting ``exported food, drug''; and
       (3) in clause (ii) by striking ``the drug'' each place it 
     appears and inserting ``the food, drug''.
       (b) Treatment of Fees.--Section 801(e)(4) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)) is 
     amended--
       (1) by amending subparagraph (B) to read as follows:
       ``(B) If the Secretary issues a written export 
     certification within the 20 days prescribed by subparagraph 
     (A), a fee for such certification may be charged but shall 
     not exceed $175 for each certification.''; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) With respect to fees collected for a fiscal year 
     pursuant to subparagraph (B), the following shall apply:
       ``(i) In the case of fees for certification of exported 
     drugs, animal drugs, or devices, be credited to the 
     appropriation account for salaries and expenses of the Food 
     and Drug Administration and be available in accordance with 
     appropriations Acts until expended, without fiscal year 
     limitation. To cover the cost of issuing such certifications, 
     such sums as necessary may be transferred from such 
     appropriation account for salaries and expenses of the Food 
     and Drug Administration without fiscal year limitation to 
     such appropriation account for salaries and expenses with 
     fiscal year limitation.
       ``(ii) In the case of fees for certification of exported 
     foods, be credited to the Food and Drug Administration User 
     Fee Account and be available in accordance with 
     appropriations Acts until expended, without fiscal year 
     limitation.''.
       (c) Clarification of Certification.--Section 801(e)(4) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     381(e)(4)), as amended by subsection (b), is amended by 
     adding at the end the following:
       ``(D) For purposes of this paragraph, a certification by 
     the Secretary shall be made on such basis, and in such form 
     (which may include a publicly available listing) as the 
     Secretary determines appropriate.''.

     SEC. 9. LEVERAGING THIRD PARTY INSPECTIONS.

       (a) In General.--Section 704 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 374) is amended by adding at the end 
     the following:
       ``(h) Accreditation of Entities That Inspect Domestic 
     Facilities or Foreign Facilities.--
       ``(1) Definitions.--In this subsection:
       ``(A) Domestic facility.--The term `domestic facility' has 
     the meaning given the term in section 415.
       ``(B) Foreign facility.--The term `foreign facility' has 
     the meaning given the term in section 415.
       ``(2) Voluntary use of accredited entities by facilities.--
     A domestic facility or foreign facility may employ an entity 
     accredited under this subsection to inspect such facility to 
     ensure compliance with this Act.
       ``(3) Authorization.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Ensuring Greater Food Safety Act of 2010, 
     the Secretary, subject to subparagraph (B), shall accredit 
     entities for the purpose of inspecting domestic facilities or 
     foreign facilities to ensure compliance with this Act. Such 
     entities may include State governments or foreign government 
     entities.
       ``(B) Criteria to accredit entities and categories of 
     accreditation.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of the Ensuring Greater Food Safety Act of 2010, 
     the Secretary shall publish in the Federal Register criteria 
     to accredit entities, including the requirements described in 
     clause (iii), and the categories of accreditation.
       ``(ii) Consultation.--In developing the criteria and 
     categories described in clause (i), the Secretary shall 
     consult with the Secretary of Agriculture, the Secretary of 
     Commerce, and the heads of other agencies with experience in 
     accrediting third parties to determine the accreditation 
     categories and criteria that are most appropriate.
       ``(iii) Requirements to become accredited.--In order for an 
     entity to be accredited under this subsection, the entity 
     shall, at a minimum, meet the following requirements:

       ``(I) Such entity may not be an employee of the Federal 
     Government.
       ``(II) Such entity shall be an independent organization 
     that is not owned or controlled by a manufacturer, supplier, 
     or vendor of food regulated under this Act and that has no 
     organizational, material, or financial affiliation (including 
     a consultative affiliation) with such a manufacturer, 
     supplier, or vendor.
       ``(III) Such entity shall be legally constituted and 
     permitted to conduct the inspection activities for which it 
     seeks accreditation.
       ``(IV) Such entity may not engage in the design, 
     manufacture, promotion, or sale of food regulated under this 
     Act.
       ``(V) The operations of such entity shall be in accordance 
     with generally accepted professional and ethical business 
     practices, and such entity shall agree in writing that, at a 
     minimum, the entity will--

       ``(aa) certify that reported information accurately 
     reflects data reviewed, inspection observations made, other 
     matters that relate to or may influence compliance with this 
     Act, and recommendations made during an inspection or at an 
     inspection's closing meeting;
       ``(bb) limit work to that for which competence and capacity 
     are available;
       ``(cc) treat information received, records, reports, and 
     recommendations as confidential commercial or financial 
     information or trade secret information, except such 
     information may be made available to the Secretary; and
       ``(dd) promptly respond and attempt to resolve complaints 
     regarding its activities for which it is accredited.
       ``(iv) Categories of accreditation.--The categories of 
     accreditation may include--

       ``(I) inspection of domestic facilities only;
       ``(II) inspection of foreign facilities only; or
       ``(III) inspection of both domestic facilities and foreign 
     facilities.

       ``(C) Acting on request for accreditation.--
       ``(i) Information on adequacy.--Not later than 60 days 
     after the date the Secretary receives a request from an 
     entity to be accredited under this subsection, the Secretary 
     shall inform the entity whether the request for accreditation 
     is adequate for review.
       ``(ii) Determination.--Not later than 90 days after the 
     date the Secretary informs an entity under clause (i), the 
     Secretary shall make a determination with respect to the 
     request.
       ``(D) Content of accreditation.--Any accreditation granted 
     under this subsection shall state that the entity is 
     accredited to conduct inspections at domestic facilities, 
     foreign facilities, or both, or such other categories as may 
     be applicable.

[[Page 17754]]

       ``(E) Effect of subsection.--Nothing in this subsection 
     shall affect the authority of the Secretary under this Act to 
     inspect any domestic facility or foreign facility.
       ``(4) Requirements of accredited entities.--
       ``(A) Maintenance of records.--
       ``(i) In general.--An entity accredited under this 
     subsection shall maintain records documenting--

       ``(I) the qualifications of the entity to inspect and the 
     training and qualification of employees of the entity;
       ``(II) the procedures used by the entity for handling 
     confidential information;
       ``(III) the compensation arrangements made by the entity; 
     and
       ``(IV) the procedures used by the entity to identify and 
     avoid conflicts of interest.

       ``(ii) Access to records.--Upon the request of an officer 
     or employee designated by the Secretary, an entity accredited 
     under this subsection shall permit the officer or employee, 
     at all reasonable times, to have access to, copy, and verify 
     the records described in clause (i).
       ``(iii) Production of records.--Not later than 15 days 
     after the date an entity accredited under this subsection 
     receives a written request from the Secretary for a copy of 
     the records described in clause (i), the entity shall produce 
     the copy at the place designated by the Secretary.
       ``(B) Inspection reports.--
       ``(i) In general.--In carrying out an inspection of a 
     domestic facility or foreign facility to ensure compliance 
     with this Act, an entity accredited under this subsection 
     shall--

       ``(I) record in writing the entity's inspection 
     observations;
       ``(II) present the observations to the facility's 
     designated representative and describe each observation; and
       ``(III) prepare an inspection report (including for 
     inspections for which there are no corrective actions needed) 
     in a form and manner consistent with such reports prepared by 
     employees and officials designated by the Secretary to 
     conduct inspections.

       ``(ii) Content of report.--An inspection report prepared 
     under clause (i)(III) shall, at a minimum--

       ``(I) identify the person responsible for compliance with 
     this Act at the inspected facility, the dates of the 
     inspection, and the scope of the inspection;
       ``(II) describe in detail each observation identified by 
     the entity accredited under this subsection;
       ``(III) identify other matters that relate to or may 
     influence compliance with this Act; and
       ``(IV) describe any recommendations made by the entity 
     accredited under this subsection to the inspected facility 
     during the inspection or at the inspection's closing meeting.

       ``(iii) Report sent to the secretary.--Not later than 10 
     days after the last date of an inspection, the entity 
     accredited under this subsection shall submit the inspection 
     report prepared under clause (i)(III) to the Secretary and 
     the designated representative of the inspected facility at 
     the same time. The inspection report submitted to the 
     Secretary shall be accompanied by all written inspection 
     observations previously provided to the designated 
     representative of the inspected facility.
       ``(iv) False statements.--Any statement or representation 
     made by an employee or agent of a domestic facility or 
     foreign facility to an entity accredited under this 
     subsection shall be subject to section 1001 of title 18, 
     United States Code.
       ``(v) Immediate notification.--If, at any time during an 
     inspection by an entity accredited under this subsection, the 
     entity discovers a condition that could cause or contribute 
     to an unreasonable risk to the public health, the entity 
     shall immediately notify the Secretary of the identity of the 
     facility subject to inspection and such condition.
       ``(5) Requirements of the secretary.--
       ``(A) Publication of list of accredited entities on 
     internet.--
       ``(i) In general.--The Secretary shall publish on the 
     Internet Web site of the Food and Drug Administration lists 
     of entities that are accredited under this subsection in each 
     category established under this subsection.
       ``(ii) Updating lists.--The lists described in clause (i) 
     shall be updated to ensure that the identity of each entity 
     accredited under this subsection, and the particular category 
     for which the entity is accredited, is known to the public. 
     The lists shall be updated not later than 30 days after the 
     date on which--

       ``(I) an entity is accredited under this subsection;
       ``(II) the accreditation of an entity under this subsection 
     is suspended or withdrawn; or
       ``(III) the particular category for which an entity is 
     accredited under this subsection is modified.

       ``(B) Audits; withdrawal; debarment.--
       ``(i) In general.--To ensure that entities accredited under 
     this subsection continue to meet the standards of 
     accreditation, the Secretary shall--

       ``(I) audit the performance of such entities on a periodic 
     basis through the review of inspection reports and 
     inspections by the Secretary to evaluate the compliance 
     status of a domestic facility or foreign facility and the 
     performance of entities accredited under this subsection; and
       ``(II) take such additional measures as the Secretary 
     determines to be appropriate.

       ``(ii) Withdrawal.--

       ``(I) In general.--The Secretary may withdraw accreditation 
     of an entity accredited under this subsection, after 
     providing notice and an opportunity for an informal hearing, 
     if--

       ``(aa) such entity is substantially not in compliance with 
     the standards of accreditation;
       ``(bb) such entity poses a threat to public health;
       ``(cc) such entity fails to act in a manner that is 
     consistent with the purposes of this subsection; or
       ``(dd) the Secretary determines that there is a financial 
     conflict of interest in the relationship between such entity 
     and the owner or operator of a domestic facility or foreign 
     facility that the entity has inspected under this subsection.

       ``(II) Suspension.--The Secretary may suspend accreditation 
     of an entity during the pendency of the process under 
     subclause (I).

       ``(iii) Debarment.--If the Secretary determines that an 
     entity accredited under this subsection has violated section 
     301(y), the Secretary--

       ``(I) shall withdraw such entity's accreditation under this 
     subsection; and
       ``(II) may permanently debar a responsible person for such 
     entity from being accredited and from carrying out inspection 
     activities under this subsection.

       ``(6) Fees.--An entity accredited under this subsection may 
     charge a domestic facility or foreign facility reasonable 
     fees for inspection services.
       ``(7) Symbol indicating inspection by an accredited 
     entity.--The Secretary may by regulation establish one or 
     more tamper-resistant symbols indicating that an article of 
     food was produced in a domestic or foreign facility that 
     passed an accredited third party inspection. Such a symbol 
     may be affixed on the packaging of such an article.
       ``(8) Electronic import certificates.--If the standards, 
     processes, and criteria to certify articles of food used by a 
     foreign regulatory authority of an exporting country or an 
     entity accredited under this subsection are sufficient to 
     ensure compliance with this Act, the Secretary shall enter 
     into agreements with such regulatory authority or such 
     accredited entity to electronically certify each food 
     shipment or class of shipments of designated food for 
     compliance with this Act prior to shipment. Such agreements 
     shall include provision of electronic certificates from such 
     regulatory authority or such accredited entity to accompany 
     each shipment. The Secretary shall provide criteria for such 
     certificates to ensure a secure system that prevents 
     counterfeiting of the certificates and takes into 
     consideration possible transshipment of products as a way to 
     avoid certification.
       ``(9) Consideration.--Notwithstanding any other provision 
     of law, the Secretary shall consider inspections performed by 
     accredited entities under this subsection, as well as other 
     private food safety contracts, when determining the overall 
     inspection schedule of the Food and Drug Administration in 
     order to focus on higher-risk facilities.''.
       (b) Prohibited Acts.--Section 301(y) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 331(y)) is amended--
       (1) in paragraph (1), by inserting ``or an entity 
     accredited under section 704(h)'' after ``523'';
       (2) in paragraph (2)--
       (A) by inserting ``or an entity accredited under section 
     704(h)'' after ``523''; and
       (B) by inserting ``or entity'' after ``such person''; and
       (3) in paragraph (3)--
       (A) by inserting ``or an entity accredited under section 
     704(h)'' after ``523'';
       (B) by inserting ``or entity'' after ``by such person''; 
     and
       (C) by inserting ``or entity'' after ``to such person''.

     SEC. 10. ENTRY OF FOOD FROM FACILITIES INSPECTED BY AN 
                   ACCREDITED THIRD PARTY.

       Section 801 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 381) is amended by adding at the end the following:
       ``(p) Entry of Food From Facilities Inspected by an 
     Accredited Third Party.--If an article of food is being 
     imported or offered for import at a port of entry into the 
     United States and such article of food is from a foreign 
     facility at which an inspection by an entity accredited under 
     section 704(h) was completed prior to the production of such 
     article of food at such facility and--
       ``(1) the results of the inspection were no official action 
     indicated, the Commissioner of Food and Drugs agrees with the 
     results of the inspection, and such facility has a 
     certificate described under section 704(h)(8), then the 
     article of food shall be presumed to be admissible into the 
     United States and shall not be detained or refused admission 
     but shall receive permission for expedited entry into the 
     United States;
       ``(2) the results of the inspection were voluntary action 
     indicated and the Commissioner of Food and Drugs agrees with 
     the results of the inspection, then the article of

[[Page 17755]]

     food shall be subject to increased random inspection at the 
     border; or
       ``(3) the results of the inspection were official action 
     indicated and the Commissioner of Food and Drugs agrees with 
     the results of the inspection, then the article of food 
     shall--
       ``(A) be--
       ``(i) held at the port of entry for the article without 
     physical examination and refused admission if the inspection 
     failure was due to a condition presenting a reasonable 
     probability that the use of or exposure to the article of 
     food will cause serious adverse health consequences or death; 
     or
       ``(ii) placed on import alert if the inspection failure was 
     due to a condition in which use of or exposure to the article 
     of food may cause temporary or medically reversible adverse 
     health consequences or where the probability of serious 
     adverse health consequences is remote; and
       ``(B) be subject to other actions as provided under this 
     Act.''.

     SEC. 11. ACTIVITIES WITH OTHER GOVERNMENTS.

       (a) Meetings and Agreements.--
       (1) In general.--In carrying out the functions of the 
     Office of International Programs of the Food and Drug 
     Administration, the Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'')--
       (A) shall regularly participate in meetings with 
     representatives of foreign governments to discuss and reach 
     agreement on methods and approaches to harmonize regulatory 
     requirements; and
       (B) may enter into an agreement with a foreign entity to 
     facilitate commerce in food between the United States and 
     such entity--
       (i) consistent with the requirements of this Act and the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); 
     and
       (ii) in which the Secretary shall encourage the mutual 
     development and recognition of--

       (I) good manufacturing practice regulations; and
       (II) other regulations and testing protocols as the 
     Secretary determines to be appropriate.

       (2) Joint inspection.--An agreement entered into pursuant 
     to paragraph (1)(B) may include joint inspection missions 
     where an inspection team is composed of individuals from 
     regulatory authorities of both countries.
       (b) Reduction of Regulation Burden and Harmonization of 
     Food Regulatory Requirements.--The Secretary shall support 
     the Office of the United States Trade Representative, in 
     consultation with the Secretary of Commerce, in meetings with 
     representatives of foreign governments to discuss methods and 
     approaches to reduce the burden of regulation and harmonize 
     food regulatory requirements if the Secretary determines that 
     such harmonization continues consumer protections consistent 
     with the purposes of this Act and the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.).

     SEC. 12. 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.
                                 ______
                                 
  SA 4697. Mr. COBURN (for himself, Mrs. McCaskill, and Mr. Udall of 
Colorado) submitted an amendment intended to be proposed by him to the 
bill S. 510, to amend the Federal Food, Drug, and Cosmetic Act with 
respect to the safety of the food supply; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FISCAL YEARS 2011 THROUGH 2013 EARMARK MORATORIUM.

       (a) Bills and Joint Resolutions.--
       (1) Point of order.--It shall not be in order to--
       (A) consider a bill or joint resolution reported by any 
     committee or a bill or joint resolution reported by any 
     committee with a report that includes an earmark, limited tax 
     benefit, or limited tariff benefit; or
       (B) a Senate bill or joint resolution not reported by 
     committee that includes an earmark, limited tax benefit, or 
     limited tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the bill or joint resolution 
     shall be returned to the calendar until compliance with this 
     subsection has been achieved.
       (b) Conference Report.--
       (1) Point of order.--It shall not be in order to vote on 
     the adoption of a report of a committee of conference if the 
     report includes an earmark, limited tax benefit, or limited 
     tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the conference report shall 
     be returned to the calendar.
       (c) Floor Amendment.--It shall not be in order to consider 
     an amendment to a bill or joint resolution if the amendment 
     contains an earmark, limited tax benefit, or limited tariff 
     benefit.
       (d) Amendment Between the Houses.--
       (1) In general.--It shall not be in order to consider an 
     amendment between the Houses if that amendment includes an 
     earmark, limited tax benefit, or limited tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the amendment between the 
     Houses shall be returned to the calendar until compliance 
     with this subsection has been achieved.
       (e) Waiver.--Any Senator may move to waive any or all 
     points of order under this section by an affirmative vote of 
     two-thirds of the Members, duly chosen and sworn.
       (f) Definitions.--For the purpose of this section--
       (1) the term ``earmark'' means a provision or report 
     language included primarily at the request of a Senator or 
     Member of the House of Representatives providing, 
     authorizing, or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process;
       (2) the term ``limited tax benefit'' means any revenue 
     provision that--
       (A) provides a Federal tax deduction, credit, exclusion, or 
     preference to a particular beneficiary or limited group of 
     beneficiaries under the Internal Revenue Code of 1986; and
       (B) contains eligibility criteria that are not uniform in 
     application with respect to potential beneficiaries of such 
     provision; and
       (3) the term ``limited tariff benefit'' means a provision 
     modifying the Harmonized Tariff Schedule of the United States 
     in a manner that benefits 10 or fewer entities.
       (g) Fiscal Years 2011 Through 2013.--The point of order 
     under this section shall only apply to legislation providing 
     or authorizing discretionary budget authority, credit 
     authority or other spending authority, providing a federal 
     tax deduction, credit, or exclusion, or modifying the 
     Harmonized Tariff Schedule in fiscal years 2011 through 2013.
       (h) Application.--This rule shall not apply to any 
     authorization of appropriations to a Federal entity if such 
     authorization is not specifically targeted to a State, 
     locality, or congressional district.
                                 ______
                                 
  SA 4698. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 510, to amend the Federal Food, Drug, and Cosmetic 
Act with respect to the safety of the food supply; which was ordered to 
lie on the table; as follows:

       On page 222, between lines 4 and 5, insert the following:

     SEC. 212. REPORT ON FOOD FRAUD.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act and annually thereafter, the 
     Commissioner of Food and Drugs shall prepare and submit to 
     the Committee on Agriculture, Nutrition, and Forestry, the 
     Committee on Health, Education, Labor, and Pensions, the 
     Committee on Commerce, and the Committee on Appropriations of 
     the Senate and to the Committee on Energy and Commerce, the 
     Committee on Agriculture, and the Committee on Appropriations 
     of the House of Representatives a written report on food 
     fraud.
       (b) Contents of Report.--The report described in subsection 
     (a) shall include--
       (1) a list of food fraud complaints filed with the Food and 
     Drug Administration;
       (2) a list of food fraud investigations conducted by the 
     Food and Drug Administration;
       (3) penalties for food fraud assessed by the Food and Drug 
     Administration;
       (4) resources of the Food and Drug Administration that are 
     used to combat food fraud, including staffing and equipment;
       (5) field reports of food fraud investigations conducted by 
     the Food and Drug Administration; and
       (6) recommendations of resources the Food and Drug 
     Administration could use to combat food fraud.
       (c) Food Fraud Definition.--For purposes of this section, 
     the term ``food fraud'' means an act of producing a food 
     product designed for human consumption that is intentionally 
     mislabeled, adulterated, or otherwise not of the nature, 
     substance, or quality expected by consumers.
                                 ______
                                 
  SA 4699. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 510, to amend the Federal Food, Drug, and Cosmetic 
Act with respect to the safety of the food supply; which was ordered to 
lie on the table; as follows:

       On page 222, between lines 4 and 5, insert the following:

     SEC. 212. FOOD FRAUD INVESTIGATION TASK FORCE.

       Chapter IV (21 U.S.C. 341 et seq.), as amended by section 
     207, is further amended by adding at the end the following:

     ``SEC. 424. FOOD FRAUD INVESTIGATION TASK FORCE.

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of the FDA Food

[[Page 17756]]

     Safety Modernization Act, the Secretary shall establish a 
     Food Fraud Investigation Task Force (referred to in this 
     section as the `Task Force'), headed by the Commissioner, to 
     investigate suspected cases of food fraud.
       ``(b) Task Force Investigative Authority and Duties.--The 
     duties of the Task Force shall include--
       ``(1) developing and maintaining a toll-free telephone 
     hotline and a reporting form on the Internet website of the 
     Food and Drug Administration for individuals to report 
     suspected cases of food fraud to the Secretary;
       ``(2) establishing a rapid response investigation team to 
     investigate suspected cases of food fraud reported to the 
     Secretary; and
       ``(3) establishing a surveillance program to randomly 
     inspect food in the marketplace in order to identify cases of 
     food fraud.
       ``(c) Consultation.--In carrying out this section, the Task 
     Force shall consult with the Secretary of Agriculture and the 
     heads of relevant agencies and offices within the Department 
     of Agriculture.
       ``(d) Considerations.--In carrying out the duties under 
     this section, the Task Force shall consider--
       ``(1) the use of DNA testing equipment, isotope ratio 
     testing equipment, and other devices to accurately detect 
     instances of food fraud; and
       ``(2) partnering with third parties to assist in the 
     detection of food fraud.
       ``(e) Biennial Reporting.--The Task Force shall prepare and 
     submit to the Committee on Health, Education, Labor, and 
     Pensions, the Committee on Agriculture, Nutrition, and 
     Forestry, and the Committee on Appropriations of the Senate 
     and the Committee on Agriculture, the Committee on 
     Appropriations, and the Committee on Energy and Commerce of 
     the House of Representatives a biennial report containing 
     findings by the Task Force with respect to food fraud and 
     recommendations on how to combat food fraud in the 
     marketplace.
       ``(f) Food Fraud.--For purposes of this section, the term 
     `food fraud' means an act of producing a food product 
     designed for human consumption that is intentionally 
     mislabeled, adulterated, or otherwise not of the nature, 
     substance, or quality expected by consumers.''.
                                 ______
                                 
  SA 4700. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 510, to amend the Federal Food, Drug, and Cosmetic 
Act with respect to the safety of the food supply; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. __. SENSE OF THE SENATE ON CATFISH FOOD SAFETY.

       (a) In General.--It is the sense of the Senate that--
       (1) Congress enacted section 11016 of the Food, 
     Conservation, and Energy Act of 2008 (Public Law 110-246; 122 
     Stat. 2130) and the amendments made by that section to 
     improve catfish inspection following multiple discoveries of 
     banned substances;
       (2) subsection (b) of that section includes amendments that 
     require the Secretary of Agriculture to provide inspection 
     activities under the Federal Meat Inspection Act (21 U.S.C. 
     601 et seq.) for farm-raised catfish, by adding catfish to 
     the list of amenable species (as that term is defined in 
     section 1 of that Act (21 U.S.C. 601));
       (3) it is imperative that the Secretary of Agriculture and 
     the Director of the Office of Management and Budget implement 
     those amendments to improve food safety procedures and 
     protect consumers in the United States; and
       (4) the Secretary of Agriculture and the Director of the 
     Office of Management and Budget should promulgate regulations 
     to complete implementation of section 11016 of the Food, 
     Conservation, and Energy Act of 2008 (Public Law 110-246; 122 
     Stat. 2130) and the amendments made by that section.
       (b) Relationship to Other Activities.--In establishing the 
     grading and inspection program for catfish in accordance with 
     the amendments made by section 11016 of the Food, 
     Conservation, and Energy Act of 2008 (Public Law 110-246; 122 
     Stat. 2130), the Secretary of Agriculture shall ensure that 
     the program does not duplicate, impede, or undermine any food 
     safety or product grading activity conducted by the Secretary 
     of Commerce or the Commissioner of Food and Drugs.
                                 ______
                                 
  SA 4701. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 510, to amend the Federal Food, Drug, and Cosmetic 
Act with respect to the safety of the food supply; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. __. SENSE OF THE SENATE ON FOOD, CONSERVATION, AND 
                   ENERGY ACT OF 2008.

       It is the sense of the Senate that--
       (1) the Food, Conservation, and Energy Act of 2008 (7 
     U.S.C. 8701 et seq.) was enacted on June 18, 2008, and it is 
     critical that action be taken to fully implement that Act and 
     the amendments made by that Act; and
       (2) the Director of the Office of Management and Budget 
     should promulgate any remaining regulations relating to food 
     safety and inspection that are necessary to complete 
     implementation of that Act and the amendments made by that 
     Act.
                                 ______
                                 
  SA 4702. Mr. JOHANNS submitted an amendment intended to be proposed 
by him to the bill S. 510, to amend the Federal Food, Drug, and 
Cosmetic Act with respect to the safety of the food supply; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

              TITLE V--SMALL BUSINESS PAPERWORK REDUCTION

     SEC. 501. REPEAL OF EXPANSION OF INFORMATION REPORTING 
                   REQUIREMENTS.

       Section 9006 of the Patient Protection and Affordable Care 
     Act, and the amendments made thereby, are hereby repealed; 
     and the Internal Revenue Code of 1986 shall be applied as if 
     such section, and amendments, had never been enacted.

     SEC. 502. RESCISSION OF UNSPENT FEDERAL FUNDS TO OFFSET LOSS 
                   IN REVENUES.

       (a) In General.--Notwithstanding any other provision of 
     law, of all available unobligated funds, $39,000,000,000 in 
     appropriated discretionary funds are hereby permanently 
     rescinded.
       (b) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify from which 
     appropriation accounts the rescission under subsection (a) 
     shall apply and the amount of such rescission that shall 
     apply to each such account. Not later than 60 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall submit a report to the 
     Secretary of the Treasury and Congress of the accounts and 
     amounts determined and identified for rescission under the 
     preceding sentence.
       (c) Exception.--This section shall not apply to the 
     unobligated funds of the Department of Defense or the 
     Department of Veterans Affairs.
                                 ______
                                 
  SA 4703. Mr. NELSON of Nebraska (for himself and Mr. Leahy) submitted 
an amendment intended to be proposed by him to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle A of title IX, add the following:

     SEC. 904. MEMBERSHIP OF CHIEF OF THE NATIONAL GUARD BUREAU ON 
                   THE JOINT CHIEFS OF STAFF.

       (a) In General.--Section 151(a) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(7) The Chief of the National Guard Bureau.''.
       (b) Conforming Amendments.--Section 10502 of such title is 
     amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Member of the Joint Chiefs of Staff.--The Chief of 
     the National Guard Bureau is a member of the Joint Chiefs of 
     Staff, and shall perform the duties prescribed as a member of 
     the Joint Chiefs of Staff under section 151 of this title.''.
                                 ______
                                 
  SA 4704. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill S. 3454, to authorize appropriations for 
fiscal year 2011 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1082. WEEKLY INCREASE IN THE REWARD FOR CAPTURE OF OSAMA 
                   BIN LADEN.

       (a) Finding.--Congress finds that a foremost objective of 
     United States counterterrorism policy should be protecting 
     United States persons and property by capturing or killing 
     Osama bin Laden, and other leaders of the al Qaeda network, 
     and by destroying the al Qaeda network.
       (b) Weekly Increase in Reward.--Section 36(e)(1) of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2708(e)(1)) is amended by adding at the end the following new 
     sentence: ``The amount of the reward under the previous 
     sentence shall be increased by $1,000,000 every seven days 
     after the date of the enactment of this sentence until 
     September 30, 2015.''.
                                 ______
                                 
  SA 4705. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill S. 3454,

[[Page 17757]]

to authorize appropriations for fiscal year 2011 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle J of title V, add the following:

     SEC. 594. DEFERRAL OF DEPLOYMENT OF MEMBERS OF THE ARMED 
                   FORCES WHO GIVE BIRTH TO A CHILD.

       (a) Deferral.--A member of the Armed Forces who gives birth 
     to a child may not be deployed or otherwise temporarily 
     assigned to a location away from the permanent duty station 
     or homeport of the member during such period beginning on the 
     date of birth as the Secretary of the military department 
     concerned shall specify with respect to the member.
       (b) Minimum Period.--The minimum period specified with 
     respect to a member under subsection (a) shall be six months.
       (c) Waiver of Deferral by Member.--A member may waive a 
     deferral of deployment or assignment under subsection (a), in 
     whole or in part.
       (d) Waiver of Applicability of Deferral.--The Secretary of 
     Defense may waive the applicability of subsection (a) to a 
     member otherwise covered by that subsection if the Secretary 
     determines that the waiver is in the national security 
     interests of the United States. Waivers under this subsection 
     shall be made on a case-by-case basis.
       (e) Regulations.--This section shall be administered in 
     accordance with regulations prescribed by the Secretary of 
     Defense. Such regulations shall, to the extent practicable, 
     apply uniformly across the Armed Forces.
       (f) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act, and shall apply with 
     respect to members of the Armed Forces who give birth on or 
     after that date.
                                 ______
                                 
  SA 4706. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill S. 3454, to authorize appropriations for 
fiscal year 2011 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 548, between lines 10 and 11, insert the following:
       (h) Repayment of Funds Provided.--
       (1) Findings.--Congress makes the following findings:
       (A) The Iraq Security Forces Fund (ISSF) is intended to 
     provide funding in areas where the United States is in a 
     position to make a unique contribution to Iraqi security.
       (B) Starting in 2008, Congress called for Government of 
     Iraq to increase the level it financed its own security 
     forces in light of increases in oil revenues and unspent 
     funds.
       (C) Iraq has an available surplus of $11,800,000,000, 
     according to a September 2010 report by the Government 
     Accountability Office. The report, entitled ``Iraqi-U.S. Cost 
     Sharing'', projected a budget surplus of $52,100,000,000 
     through the end of 2009, with estimated outstanding advances 
     of $40,300,000,000.
       (D) In addition, the security ministries of Iraq did not 
     use between $2,500,000,000 and $5,200,000,000 of their 
     budgeted funds from 2005 through 2009, which could have been 
     used to address security needs, according to the same 
     Government Accountability Office report.
       (E) The fiscal year 2011 budget request of the President 
     for the Iraq Security Forces Fund was $2,000,000,000.
       (F) The United States has authorized $707,000,000,000 for 
     military operations in Iraq since 2003, of which 
     $24,000,000,000 has been provided for training, equipment, 
     supplies, facility construction, and other services for the 
     Iraqi security forces.
       (G) Iraq has the third largest oil reserve in the world, 
     providing a steady source of revenue that has led to budget 
     surpluses even during a period of global economic hardship.
       (H) The Government of Iraq should assume responsibility for 
     the costs associated with building its security forces.
       (I) The United States budget deficit for fiscal 2010 is 
     estimated at slightly less than $1,300,000,000,000 by the 
     Congressional Budget Office, and the projected deficit for 
     fiscal 2011 is $980,000,000,000.
       (J) The United States cannot continue to fund security 
     activities for the Government of Iraq, which now possesses 
     the resources and ability to provide for itself.
       (2) Provision of assistance after fiscal year 2010 through 
     loans.--United States funds made available from the Iraq 
     Security Forces Fund after the date of the enactment of this 
     Act shall be provided in the form of loans subject to full 
     repayment to the Government of the United States.
       (3) Repayment.--The Secretary of State shall, in 
     conjunction with the Secretary of Defense, seek to enter into 
     negotiations with the Government of Iraq in order to enter 
     into an agreement under which the Government of Iraq agrees 
     to repay the United States Government the United States funds 
     provided from the Iraq Security Forces Fund, including United 
     States funds provided before the date of the enactment of 
     this Act and United States funds provided as loans under 
     paragraph (2).
       (4) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall, in 
     consultation with the Secretary of Defense, submit to 
     Congress a report describing the status of negotiations 
     described in paragraph (3), including any details of the 
     repayment agreement entered into as a result of such 
     negotiations.
                                 ______
                                 
  SA 4707. Mr. NELSON of Nebraska (for himself, Mr. Wicker, Mr. Casey, 
and Mr. Inhofe) submitted an amendment intended to be proposed by him 
to the bill S. 3454, to authorize appropriations for fiscal year 2011 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 713.

                          ____________________