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[House Report 111-675]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-675

======================================================================

 
 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
 3082) MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, THE DEPARTMENT 
 OF VETERANS AFFAIRS, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING 
               SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES

                                _______
                                

  December 8, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1755]

    The Committee on Rules, having had under consideration 
House Resolution 1755, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of the Senate 
amendment to H.R. 3082, the Military Construction and Veterans 
Affairs Appropriations Act, 2010 (Full-Year FY11 CR and Food 
Safety). The resolution makes in order a motion offered by the 
chair of the Committee on Appropriations that the House concur 
in the Senate amendment to H.R. 3082 with the amendment printed 
in this report. The resolution provides one hour of debate on 
the motion, with 40 minutes equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Appropriations and 20 minutes equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Energy and Commerce. The resolution waives all points of order 
against consideration of the motion. The resolution provides 
that the Senate amendment and the motion shall be considered as 
read.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the motion includes a waiver of clause 10 of rule XXI 
(prohibiting consideration of any bill, joint resolution, 
amendment, or conference report if the provisions of such 
measure affecting direct spending and revenues have the net 
effect of increasing the deficit or reducing the surplus).

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 508

    Date: December 8, 2010.
    Measure: Senate amendment to H.R. 3082.
    Motion by: Mr. Dreier.
    Summary of motion: To allow Mr. Lewis of California to 
offer a substitute amendment to the motion by the chair of the 
Appropriations Committee that the House concur in the Senate 
Amendment to H.R. 3082 with an amendment.
    Results: Defeated 2-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay; 
Dreier--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 509

    Date: December 8, 2010.
    Measure: Senate amendment to H.R. 3082.
    Motion by: Mr. Dreier.
    Summary of motion: To allow Mr. Kagen of Wisconsin to offer 
an amendment to the motion by the chair of the Appropriations 
Committee that the House concur in the Senate Amendment to H.R. 
3082 with an amendment.
    Results: Defeated 3-6.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Perlmutter--Yea; Pingree--Nay; Polis--Nay; 
Dreier--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 510

    Date: December 8, 2010.
    Measure: Senate amendment to H.R. 3082.
    Motion by: Mr. Sessions.
    Summary of motion: To allow Mr. Barton of Texas to offer a 
substitute amendment to the motion by the chair of the 
Appropriations Committee that the House concur in the Senate 
Amendment to H.R. 3082 with an amendment.
    Results: Defeated 2-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay; 
Dreier--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 511

    Date: December 8, 2010.
    Measure: Senate amendment to H.R. 3082.
    Motion by: Mr. Sessions.
    Summary of motion: To divide the question on adoption of 
the motion between the Continuing Resolution and the FDA Food 
Safety Modernization Act.
    Results: Defeated 2-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay; 
Dreier--Yea; Sessions--Yea; Slaughter--Nay.

                       SUMMARY OF HOUSE AMENDMENT

    The House amendment freezes FY 2011 discretionary 
appropriations at the FY 2010 level; providing $45.9 billion 
less than the President requested for the year. Within that 
ceiling, the resolution adjusts funding between programs and 
accounts to deal with current demands and workloads and avoid 
furloughs. Overall, the resolution includes $513 billion for 
the Department of Defense, $4.9 billion above 2010; $75.2 
billion for military construction and veterans, $1.4 billion 
below 2010; and $501.4 billion for all other appropriations, 
$3.5 billion below 2010. It also includes $159 billion for the 
war, as the President requested; prohibits funding for 
Congressional earmarks; freezes non-military Federal pay for 
two years, as requested by the President; and allows feefunded 
programs to continue to be financed from fees.
    The FDA Food Safety and Modernization Act grants the Food 
and Drug Administration authorities it needs to better oversee 
the safety of the nation's food supply. The bill includes 
expanded authority for FDA to inspect records relating to food, 
and requires FDA to increase inspections of high-risk food 
facilities. In addition, it provides for the creation of a more 
accurate registry of all food facilities serving American 
consumers, improved traceability of the history of food in the 
event of a foodborne illness outbreak, certification of certain 
foreign food imports as meeting all U.S. food safety 
requirements, and protection for whistleblowers that bring 
attention to important food safety information.

                        TEXT OF HOUSE AMENDMENT

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

             DIVISION A--FULL-YEAR CONTINUING APPROPRIATIONS

Title I--General Provisions
Title II--Adjustments in Funding and Other Provisions

              DIVISION B--SURFACE TRANSPORTATION EXTENSION

                DIVISION C--AIRPORT AND AIRWAY EXTENSION

                         DIVISION D--FOOD SAFETY

SEC. 3. REFERENCES.

  Except as expressly provided otherwise, any reference to 
``this Act'' contained in any division of this Act shall be 
treated as referring only to the provisions of that division.

            DIVISION A--FULL-YEAR CONTINUING APPROPRIATIONS

  The following sums are hereby appropriated, out of any money 
in the Treasury not otherwise appropriated, and out of 
applicable corporate or other revenues, receipts, and funds, 
for the several departments, agencies, corporations, and other 
organizational units of Government for fiscal year 2011, and 
for other purposes, namely:

                      TITLE I--GENERAL PROVISIONS

  Sec. 1101. (a) Such amounts as may be necessary, at the level 
specified in subsection (c) and under the authority and 
conditions provided in applicable appropriations Acts for 
fiscal year 2010, for projects or activities (including the 
costs of direct loans and loan guarantees) that are not 
otherwise specifically provided for, and for which 
appropriations, funds, or other authority were made available 
in the following appropriations Acts:
          (1) The Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations 
        Act, 2010 (Public Law 111-80).
          (2) Division A of the Department of Defense 
        Appropriations Act, 2010 (division A of Public Law 111-
        118).
          (3) The Energy and Water Development and Related 
        Agencies Appropriations Act, 2010 (Public Law 111-85).
          (4) The Department of Homeland Security 
        Appropriations Act, 2010 (Public Law 111-83) and 
        section 601 of the Supplemental Appropriations Act, 
        2010 (Public Law 111-212).
          (5) The Department of the Interior, Environment, and 
        Related Agencies Appropriations Act, 2010 (division A 
        of Public Law 111-88).
          (6) The Legislative Branch Appropriations Act, 2010 
        (division A of Public Law 111-68).
          (7) The Consolidated Appropriations Act, 2010 (Public 
        Law 111-117).
          (8) Chapter 3 of title I of the Supplemental 
        Appropriations Act, 2010 (Public Law 111-212), except 
        for appropriations under the heading ``Operation and 
        Maintenance'' relating to Haiti following the 
        earthquake of January 12, 2010, or the Port of Guam: 
        Provided, That the amount provided for the Department 
        of Defense pursuant to this paragraph shall not exceed 
        $29,387,401,000: Provided further, That the Secretary 
        of Defense shall allocate such amount to each 
        appropriation account, budget activity, activity group, 
        and subactivity group, and to each program, project, 
        and activity within each appropriation account, in the 
        same proportions as such appropriations for fiscal year 
        2010.
  (b) For purposes of this Act, the term ``level'' means an 
amount.
  (c) The level referred to in subsection (a) shall be the 
amounts appropriated in the appropriations Acts referred to in 
such subsection, including transfers and obligation 
limitations, except that--
          (1) such level shall not include any amount 
        previously designated (other than amounts in section 
        1101(a)(8)) as an emergency requirement and necessary 
        to meet emergency needs pursuant to sections 403(a) and 
        423(b) of S. Con. Res. 13 (111th Congress), the 
        concurrent resolution on the budget for fiscal year 
        2010; and
          (2) such level shall be calculated without regard to 
        any rescission or cancellation of funds or contract 
        authority.
  Sec. 1102.  Appropriations made by section 1101 shall be 
available to the extent and in the manner that would be 
provided by the pertinent appropriations Act.
  Sec. 1103.  Appropriations provided by this Act that, in the 
applicable appropriations Act for fiscal year 2010, carried a 
multiple-year or no-year period of availability shall retain a 
comparable period of availability.
  Sec. 1104.  Except as otherwise expressly provided in this 
Act, the requirements, authorities, conditions, limitations, 
and other provisions of the appropriations Acts referred to in 
section 1101(a) shall continue in effect through the date 
specified in section 1106.
  Sec. 1105.  No appropriation or funds made available or 
authority granted pursuant to section 1101 shall be used to 
initiate or resume any project or activity for which 
appropriations, funds, or other authority were specifically 
prohibited during fiscal year 2010.
  Sec. 1106.  Unless otherwise provided for in this Act or in 
the applicable appropriations Act, appropriations and funds 
made available and authority granted pursuant to this Act shall 
be available through September 30, 2011.
  Sec. 1107.  Expenditures made pursuant to the Continuing 
Appropriations Act, 2011 (Public Law 111-242), shall be charged 
to the applicable appropriation, fund, or authorization 
provided by this Act.
  Sec. 1108.  Funds appropriated by this Act may be obligated 
and expended notwithstanding section 10 of Public Law 91-672 
(22 U.S.C. 2412), section 15 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(22 U.S.C. 6212), and section 504(a)(1) of the National 
Security Act of 1947 (50 U.S.C. 414(a)(1)).
  Sec. 1109. (a) With respect to any discretionary account for 
which advance appropriations were provided for fiscal year 2011 
or 2012 in an appropriations Act for fiscal year 2010, in 
addition to amounts otherwise made available by this Act, 
advance appropriations are provided in the same amount for 
fiscal year 2012 or 2013, respectively, with a comparable 
period of availability.
  (b) In addition to amounts provided by subsection (a), an 
additional amount is provided for the following accounts in the 
amounts specified:
          (1) ``Department of Veterans Affairs, Medical 
        Services'', $2,513,985,000, which shall become 
        available on October 1, 2011, and shall remain 
        available until September 30, 2012.
          (2) ``Department of Veterans Affairs, Medical Support 
        and Compliance'', $228,000,000, which shall become 
        available on October 1, 2011, and shall remain 
        available until September 30, 2012.
  (c) Notwithstanding subsection (a), amounts are provided for 
``Department of Veterans Affairs, Medical Facilities'' in the 
amount of $5,426,000,000, which shall become available on 
October 1, 2011, and shall remain available until September 30, 
2012.
  Sec. 1110. (a) For entitlements and other mandatory payments 
whose budget authority was provided in appropriations Acts for 
fiscal year 2010, and for activities under the Food and 
Nutrition Act of 2008, the levels established by section 1101 
shall be the amounts necessary to maintain program levels under 
current law.
  (b) In addition to the amounts otherwise provided by section 
1101, the following amounts shall be available for the 
following accounts for advance payments for the first quarter 
of fiscal year 2012:
          (1) ``Department of Labor, Employment Standards 
        Administration, Special Benefits for Disabled Coal 
        Miners'', for benefit payments under title IV of the 
        Federal Mine Safety and Health Act of 1977, 
        $41,000,000, to remain available until expended.
          (2) ``Department of Health and Human Services, 
        Centers for Medicare and Medicaid Services, Grants to 
        States for Medicaid'', for payments to States or in the 
        case of section 1928 on behalf of States under title 
        XIX of the Social Security Act, $86,445,289,000, to 
        remain available until expended.
          (3) ``Department of Health and Human Services, 
        Administration for Children and Families, Payments to 
        States for Child Support Enforcement and Family Support 
        Programs'', for payments to States or other non-Federal 
        entities under titles I, IV-D, X, XI, XIV, and XVI of 
        the Social Security Act and the Act of July 5, 1960 (24 
        U.S.C. ch. 9), $1,200,000,000, to remain available 
        until expended.
          (4) ``Department of Health and Human Services, 
        Administration for Children and Families, Payments to 
        States for Foster Care and Permanency'', for payments 
        to States or other non-Federal entities under title IV-
        E of the Social Security Act, $1,850,000,000.
          (5) ``Social Security Administration, Supplemental 
        Security Income Program'', for benefit payments under 
        title XVI of the Social Security Act, $13,400,000,000, 
        to remain available until expended.
  Sec. 1111.  The following amounts are designated as an 
emergency requirement and necessary to meet emergency needs 
pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 
(111th Congress), the concurrent resolution on the budget for 
fiscal year 2010:
          (1) Amounts incorporated by reference in this Act 
        that were previously designated as available for 
        overseas deployments and other activities pursuant to 
        such concurrent resolution.
          (2) Amounts made available pursuant to paragraph (8) 
        of section 1101(a) of this Act.
  Sec. 1112.  Any language specifying an earmark in an 
appropriations Act for fiscal year 2010, or in a committee 
report or joint explanatory statement accompanying such an Act, 
shall have no legal effect with respect to funds appropriated 
by this Act. For purposes of this section, the term ``earmark'' 
means a congressional earmark or congressionally directed 
spending item, as defined in clause 9(e) of rule XXI of the 
Rules of the House of Representatives and paragraph 5(a) of 
rule XLIV of the Standing Rules of the Senate.
  Sec. 1113. (a) Notwithstanding section 1101, user fees for 
``Securities and Exchange Commission, Salaries and Expenses'' 
shall be available for obligation in the amount of 
$1,250,000,000: Provided, That the authority provided in this 
subsection shall be deemed a regular appropriation for purposes 
of section 6(b) of the Securities Act of 1933 (15 U.S.C. 
77f(b)) and sections 13(e), 14(g), and 31 of the Securities 
Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee).
  (b) Notwithstanding section 1101, the Federal Communications 
Commission is authorized to assess and collect pursuant to 
section 9 of title I of the Communications Act of 1934 
offsetting collections during fiscal year 2011 of $350,634,000, 
and such amounts shall be available for obligation until 
expended, of which not less than $8,279,115 shall be for the 
salaries and expenses of the Office of Inspector General.
  Sec. 1114. (a) For the purposes of this section--
          (1) the term ``employee''--
                  (A) means an employee as defined in section 
                2105 of title 5, United States Code; and
                  (B) includes an individual to whom subsection 
                (b), (c), or (f) of such section 2105 pertains 
                (whether or not such individual satisfies 
                subparagraph (A));
          (2) the term ``senior executive'' means--
                  (A) a member of the Senior Executive Service 
                under subchapter VIII of chapter 53 of title 5, 
                United States Code;
                  (B) a member of the FBI-DEA Senior Executive 
                Service under subchapter III of chapter 31 of 
                title 5, United States Code;
                  (C) a member of the Senior Foreign Service 
                under chapter 4 of title I of the Foreign 
                Service Act of 1980 (22 U.S.C. 3961 and 
                following); and
                  (D) a member of any similar senior executive 
                service in an Executive agency;
          (3) the term ``senior-level employee'' means an 
        employee who holds a position in an Executive agency 
        and who is covered by section 5376 of title 5, United 
        States Code, or any similar authority; and
          (4) the term ``Executive agency'' has the meaning 
        given such term by section 105 of title 5, United 
        States Code.
  (b)(1) Notwithstanding any other provision of law, except as 
provided in subsection (e), no statutory pay adjustment which 
(but for this subsection) would otherwise take effect during 
the period beginning on January 1, 2011, and ending on December 
31, 2012, shall be made.
  (2) For purposes of this subsection, the term ``statutory pay 
adjustment'' means--
          (A) an adjustment required under section 5303, 5304, 
        5304a, 5318, or 5343(a) of title 5, United States Code; 
        and
          (B) any similar adjustment, required by statute, with 
        respect to employees in an Executive agency.
  (c) Notwithstanding any other provision of law, except as 
provided in subsection (e), during the period beginning on 
January 1, 2011, and ending on December 31, 2012, no senior 
executive or senior-level employee may receive an increase in 
his or her rate of basic pay absent a change of position that 
results in a substantial increase in responsibility, or a 
promotion.
  (d) The President may issue guidance that Executive agencies 
shall apply in the implementation of this section.
  (e) The Non-Foreign Area Retirement Equity Assurance Act of 
2009 (5 U.S.C. 5304 note) shall be applied using the 
appropriate locality-based comparability payments established 
by the President as the applicable comparability payments in 
section 1914(2) and (3) of such Act.
  Sec. 1115. (a) Amounts made available by this Act shall be 
available for transfer by the head of the agency to the extent 
necessary to avoid furloughs or reductions in force, or to 
provide funding necessary for programs and activities required 
by law: Provided, That such transfers may not result in the 
termination of programs, projects or activities: Provided 
further, That such transfers shall be subject to the approval 
of the House and Senate Appropriations Committees.
  (b) The authorities provided by subsection (a) of this 
section shall be in addition to any other transfer authority 
provided elsewhere in this statute.
  Sec. 1116.  None of the funds made available in this or any 
prior Act may be used to transfer, release, or assist in the 
transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
          (1) is not a United States citizen or a member of the 
        Armed Forces of the United States; and
          (2) is or was held on or after June 24, 2009, at the 
        United States Naval Station, Guantanamo Bay, Cuba, by 
        the Department of Defense.
  Sec. 1117.  None of the funds appropriated or otherwise made 
available by this Act may be obligated by any covered executive 
agency in contravention of the certification requirement of 
section 6(b) of the Iran Sanctions Act of 1996, as included in 
the revisions to the Federal Acquisition Regulation pursuant to 
such section.

         TITLE II--ADJUSTMENTS IN FUNDING AND OTHER PROVISIONS

       CHAPTER 1--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
                  ADMINISTRATION, AND RELATED AGENCIES

  Sec. 2101.  Notwithstanding section 1101, the level for each 
of the following accounts shall be as follows: ``Agricultural 
Programs, Agricultural Research Service, Buildings and 
Facilities,'' $0; ``Agricultural Programs, Agricultural 
Marketing Service, Marketing Services'', $126,148,000; 
``Agricultural Programs, Grain Inspection, Packers and 
Stockyards Administration, Limitation on Inspection and 
Weighing Services Expenses'', $50,000,000; ``Conservation 
Programs, Natural Resources Conservation Service, Watershed and 
Flood Prevention Operations'', $0; ``Rural Development 
Programs, Rural Housing Service, Rental Assistance Program'', 
$971,593,000; ``Domestic Food Programs, Food and Nutrition 
Service, Special Supplemental Nutrition Program for Women, 
Infants, and Children (WIC)'', $6,773,372,000; ``Domestic Food 
Programs, Food and Nutrition Service, Nutrition Programs 
Administration'', $150,801,000; ``Foreign Assistance and 
Related Programs, Foreign Agricultural Service, Salaries and 
Expenses'', $187,801,000; and ``Related Agencies and Food and 
Drug Administration, Independent Agencies, Farm Credit 
Administration, Limitation on Administrative Expenses'', 
$59,400,000.
  Sec. 2102.  Notwithstanding section 1101, the level for 
``Agricultural Programs, Agriculture Buildings and Facilities 
and Rental Payments'' shall be $260,051,000, of which 
$178,470,000 shall be available for payments to the General 
Services Administration for rent; of which $13,800,000 shall be 
for payment to the Department of Homeland Security for building 
security activities; and of which $67,781,000 shall be for 
buildings operations and maintenance expenses.
  Sec. 2103.  The amounts included under the heading 
``Agricultural Programs, National Institute of Food and 
Agriculture, Research and Education Activities'' in Public Law 
111-80 shall be applied to funds appropriated by this division 
as follows: by substituting ``$317,884,000'' for 
``$215,000,000''; by substituting ``$34,816,000'' for 
``$29,000,000''; by substituting ``$51,000,000'' for 
``$48,500,000''; by substituting ``$268,957,000'' for 
``$262,482,000''; by substituting ``$2,844,000'' for 
``$89,029,000''; by substituting ``$2,173,000'' for 
``$1,805,000''; by substituting ``$9,699,000'' for 
``$9,237,000''; by substituting ``$19,100,000'' for 
``$18,250,000''; by substituting ``$4,009,000'' for 
``$3,342,000''; by substituting ``$3,232,000'' for 
``$3,200,000''; and by substituting ``$11,253,000'' for 
``$45,122,000''.
  Sec. 2104.  The amounts included under the heading 
``Agricultural Programs, National Institute of Food and 
Agriculture, Extension Activities'' in Public Law 111-80 shall 
be applied to funds appropriated by this division as follows: 
by substituting ``$306,227,000'' for ``$297,500,000''; by 
substituting ``$43,838,000'' for ``$42,677,000''; by 
substituting ``$69,131,000'' for ``$68,070,000''; by 
substituting ``$3,755,000'' for ``$3,045,000''; by substituting 
``$19,886,000'' for ``$19,770,000''; by substituting 
``$4,377,000'' for ``$4,321,000''; and by substituting 
``$8,565,000'' for ``$20,396,000''.
  Sec. 2105.  The amounts included under the heading 
``Agricultural Programs, Animal and Plant Health Inspection 
Services, Salaries and Expenses'' in Public Law 111-80 shall be 
applied to funds appropriated by this division by substituting 
``$45,219,000'' for ``$60,243,000''.
  Sec. 2106.  In addition to amounts otherwise appropriated or 
made available by this Act, $31,875,000 is appropriated to the 
Secretary of Agriculture for the costs of loan and loan 
guarantees under the heading ``Agricultural Programs, Farm 
Service Agency, Agricultural Credit Insurance Fund Program 
Account'' to ensure that the fiscal year 2010 program levels 
for such loan and loan guarantee programs are maintained for 
fiscal year 2011. Funds appropriated by this Act to such 
heading for farm ownership, operating and conservation direct 
loans and guaranteed loans may be transferred among these 
programs. The Secretary of Agriculture shall notify the 
Committees on Appropriations of the House of Representatives 
and Senate at least 15 days in advance of any transfer.
  Sec. 2107.  Notwithstanding section 1101, the level for each 
of the following accounts under the heading ``Rural Development 
Programs'' shall be as follows: ``Rural Housing Service, Rural 
Housing Insurance Fund Program Account'', $582,409,000; ``Rural 
Housing Service, Farm Labor Program Account'', $20,358,000; 
``Rural Housing Service, Rural Community Facilities Program 
Account'', $56,579,000; ``Rural Business-Cooperative Service, 
Rural Development Loan Fund Program Account'', $17,879,000; 
``Rural Utilities Service, Rural Water and Waste Disposal 
Program Account'', $579,361,000; ``Rural Utilities Service, 
Rural Electrification and Telecommunications Loans Program 
Account'', $40,659,000; and ``Rural Utilities Service, Distance 
Learning, Telemedicine, and Broadband Program'', $78,051,000: 
Provided, That these funds are appropriated to the Secretary of 
Agriculture to ensure that the fiscal year 2010 program levels 
for such loan and loan guarantee programs are maintained for 
fiscal year 2011: Provided further, That the amount provided in 
this Act for grants and administrative expenses under these 
accounts shall remain unchanged from fiscal year 2010.
  Sec. 2108.  Notwithstanding section 1101, the level for 
``Domestic Food Programs, Food and Nutrition Service, Child 
Nutrition Programs'' shall be $17,319,981,000, to remain 
available through September 30, 2012, for necessary expenses to 
carry out the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.), except section 21, and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 
17 and 21; of which such sums as are made available under 
section 14222(b)(1) of the Food, Conservation, and Energy Act 
of 2008 (Public Law 110-246), as amended by this Act, shall be 
merged with and available for the same time period and purposes 
as provided herein: Provided, That of the total amount 
available, $5,000,000 shall be available to be awarded as 
competitive grants to implement section 4405 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-246), and 
may be awarded notwithstanding the limitations imposed by 
sections 4405(b)(1)(A) and 4405(c)(1)(A): Provided further, 
That section 14222(b)(1) of the Food, Conservation, and Energy 
Act of 2008 is amended by adding at the end before the period, 
``except section 21, and the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.), except sections 17 and 21''.
  Sec. 2109.  Notwithstanding section 1101, the level for 
``Domestic Food Programs, Food and Nutrition Service, Commodity 
Assistance Program'', shall be $253,358,000, of which 
$176,788,000 shall be for the Commodity Supplemental Food 
Program.
  Sec. 2110.  Notwithstanding section 1101, the level for 
``Related Agencies and Food and Drug Administration, Food and 
Drug Administration, Salaries and Expenses'' shall be 
$3,707,611,000: Provided, That of the amount provided under 
this heading, $667,057,000 shall be derived from prescription 
drug user fees authorized by section 736 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 379h), shall be credited to 
this account and remain available until expended, and shall not 
include any fees pursuant to paragraphs (2) and (3) of section 
736(a) of such Act (21 U.S.C. 379h(a)(2) and (a)(3)) assessed 
for fiscal year 2012 but collected in fiscal year 2011; 
$61,860,000 shall be derived from medical device user fees 
authorized by section 738 of such Act (21 U.S.C. 379j), and 
shall be credited to this account and remain available until 
expended; $19,448,000 shall be derived from animal drug user 
fees authorized by section 740 of such Act (21 U.S.C. 379j-12), 
and shall be credited to this account and remain available 
until expended; $5,397,000 shall be derived from animal generic 
drug user fees authorized by section 741 of such Act (21 U.S.C. 
379j-21), and shall be credited to this account and shall 
remain available until expended; and $450,000,000 shall be 
derived from tobacco product user fees authorized by section 
919 of such Act (21 U.S.C. 387s) and shall be credited to this 
account and remain available until expended: Provided further, 
That in addition and notwithstanding any other provision under 
this heading, amounts collected for prescription drug user fees 
that exceed the fiscal year 2011 limitation are appropriated 
and shall be credited to this account and remain available 
until expended: Provided further, That fees derived from 
prescription drug, medical device, animal drug, animal generic 
drug, and tobacco product assessments for fiscal year 2011 
received during fiscal year 2011, including any such fees 
assessed prior to fiscal year 2011 but credited for fiscal year 
2011, shall be subject to the fiscal year 2011 limitations: 
Provided further, That none of these funds shall be used to 
develop, establish, or operate any program of user fees 
authorized by 31 U.S.C. 9701: Provided further, That of the 
total amount appropriated under this heading: (1) $856,383,000 
shall be for the Center for Food Safety and Applied Nutrition 
and related field activities in the Office of Regulatory 
Affairs; (2) $963,311,000 shall be for the Center for Drug 
Evaluation and Research and related field activities in the 
Office of Regulatory Affairs; (3) $328,234,000 shall be for the 
Center for Biologics Evaluation and Research and for related 
field activities in the Office of Regulatory Affairs; (4) 
$162,946,000 shall be for the Center for Veterinary Medicine 
and for related field activities in the Office of Regulatory 
Affairs; (5) $362,491,000 shall be for the Center for Devices 
and Radiological Health and for related field activities in the 
Office of Regulatory Affairs; (6) $60,975,000 shall be for the 
National Center for Toxicological Research; (7) $421,463,000 
shall be for the Center for Tobacco Products and for related 
field activities in the Office of Regulatory Affairs; (8) not 
to exceed $141,724,000 shall be for Rent and Related 
activities, of which $41,951,000 is for White Oak 
Consolidation, other than the amounts paid to the General 
Services Administration for rent; (9) not to exceed 
$185,983,000 shall be for payments to the General Services 
Administration for rent; and (10) $224,101,000 shall be for 
other activities, including the Office of the Commissioner of 
Food and Drugs; the Office of Foods; the Office of the Chief 
Scientist; the Office of Policy, Planning and Budget; the 
Office of International Programs; the Office of Administration; 
and central services for these offices: Provided further, That 
none of the funds made available under this heading shall be 
used to transfer funds under section 770(n) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): Provided 
further, That not to exceed $25,000 of the amount provided 
under this heading shall be for official reception and 
representation expenses, not otherwise provided for, as 
determined by the Commissioner: Provided further, That funds 
may be transferred from one specified activity to another with 
the prior approval of the Committees on Appropriations of both 
Houses of Congress.
  Sec. 2111.  Notwithstanding any other provision of this Act, 
the following set-asides included in Public Law 111-80 for 
``Congressionally Designated Projects'' in the following 
accounts for the corresponding amounts shall not apply to funds 
appropriated by this Act:
          (1) ``Agricultural Programs, Agricultural Research 
        Service, Salaries and Expenses'', $44,138,000.
          (2) ``Agricultural Programs, National Institute of 
        Food and Agriculture, Research and Education 
        Activities'', $120,054,000.
          (3) ``Agricultural Programs, National Institute of 
        Food and Agriculture, Extension Activities'', 
        $11,831,000.
          (4) ``Agricultural Programs, Animal and Plant Health 
        Inspection Service, Salaries and Expenses'', 
        $24,410,000.
          (5) ``Conservation Programs, Natural Resources 
        Conservation Service, Conservation Operations'', 
        $37,382,000.
  Sec. 2112.  Notwithstanding any other provision of this Act, 
the following provisions included in Public Law 111-80 shall 
not apply to funds appropriated by this Act:
          (1) The first proviso under the heading 
        ``Agricultural Programs, Agriculture Buildings and 
        Facilities and Rental Payments''.
          (2) The second proviso under the heading 
        ``Conservation Programs, Natural Resources Conservation 
        Service, Conservation Operations''.
          (3) The set-aside of $2,800,000 under the heading 
        ``Rural Development Programs, Rural Business--
        Cooperative Service, Rural Cooperative Development 
        Grants''.
          (4) The second proviso under the heading ``Rural 
        Development Programs, Rural Utilities Service, Rural 
        Water and Waste Disposal Account''.
          (5) The first proviso under the heading ``Domestic 
        Food Programs, Food and Nutrition Service, Commodity 
        Assistance Program''.
          (6) The first proviso under the heading ``Foreign 
        Assistance and Related Programs, Foreign Agricultural 
        Service, McGovern-Dole International Food for Education 
        and Child Nutrition Program Grants''.
  Sec. 2113.  The following sections of title VII of Public Law 
111-80 shall be applied to funds appropriated by this division 
by substituting $0 for the dollar amounts included in those 
sections: section 718, section 723, section 727, section 728, 
and section 738.
  Sec. 2114.  The following sections of title VII of Public Law 
111-80 shall not apply for fiscal year 2011: section 716, 
section 724, section 726, section 729, section 735, and section 
748.
  Sec. 2115.  The following sections of title VII of Public Law 
111-80 that authorized or required certain actions have been 
performed before the date of the enactment of this division and 
need not reoccur: section 737, section 740, section 747, and 
section 749.
  Sec. 2116.  Appropriations to the Department of Agriculture 
made available in fiscal year 2005 to carry out section 601 of 
the Rural Electrification Act of 1936 (7 U.S.C. 950bb) for the 
cost of direct loans shall remain available until expended to 
disburse valid obligations made in fiscal years 2005 and 2006.
  Sec. 2117.  In the case of each program established or 
amended by the Food, Conservation, and Energy Act of 2008 
(Public Law 110-246), other than by title I or subtitle A of 
title III of such Act, or programs for which indefinite amounts 
were provided in that Act that is authorized or required to be 
carried out using funds of the Commodity Credit Corporation (1) 
such funds shall be available for salaries and related 
administrative expenses, including technical assistance, 
associated with the implementation of the program, without 
regard to the limitation on the total amount of allotments and 
fund transfers contained in section 11 of the Commodity Credit 
Corporation Charter Act (15 U.S.C. 714i); and (2) the use of 
such funds for such purpose shall not be considered to be a 
fund transfer or allotment for purposes of applying the 
limitation on the total amount of allotments and fund transfers 
contained in such section.
  Sec. 2118.  With respect to any loan or loan guarantee 
program administered by the Secretary of Agriculture that has a 
negative credit subsidy score for fiscal year 2011, the program 
level for the loan or loan guarantee program, for the purposes 
of the Federal Credit Reform Act of 1990, shall be the program 
level established pursuant to such Act for fiscal year 2010.
  Sec. 2119.  Notwithstanding section 1101, section 102(c) of 
chapter 1 of title I of the Supplemental Appropriations Act, 
2010 (Public Law 111-212) that addresses guaranteed loans in 
the rural housing insurance fund shall remain in effect through 
the date specified in section 1106.
  Sec. 2120.  In paragraph (1) of section 721 of Public Law 
111-80, strike ``$1,180,000,000'' and insert 
``$1,318,000,000''.
  Sec. 2121.  The following provisions of Public Law 111-80 
shall be applied to funds appropriated by this division by 
substituting ``2010'', ``2011'' and ``2012'' for the terms 
``2009'', ``2010'', and ``2011'', respectively, in each 
instance that such terms appear:
          (1) The second paragraph under the heading 
        ``Agricultural Programs, Animal and Plant Health 
        Inspection Service, Salaries and Expenses''.
          (2) The second proviso under the heading 
        ``Agricultural Programs, Food Safety and Inspection 
        Service''.
          (3) The first proviso in the second paragraph under 
        the heading ``Rural Development Programs, Rural Housing 
        Service, Rural Housing Insurance Fund Program 
        Account''.
          (4) The fifth proviso under the heading ``Rural 
        Development Programs, Rural Housing Service, Rental 
        Assistance Program''.
          (5) The proviso under the heading ``Rural Development 
        Programs, Rural Housing Service, Mutual and Self-Help 
        Housing Grants''.
          (6) The first proviso under the heading ``Rural 
        Development Programs, Rural Housing Service, Rural 
        Housing Assistance Grants''.
          (7) The seventh proviso under the heading ``Rural 
        Development Programs, Rural Housing Service, Rural 
        Community Facilities Program Account''.
          (8) The third proviso under the heading ``Rural 
        Development Programs, Rural Business--Cooperative 
        Service, Rural Business Program Account''.
          (9) The four availability of funds clauses under the 
        heading ``Rural Development Programs, Rural Business--
        Cooperative Service, Rural Development Loan Fund 
        Program Account''.
          (10) The fifth proviso under the heading ``Rural 
        Development Programs, Rural Utilities Service, Rural 
        Water and Waste Disposal Program Account''.
          (11) Sections 713, 717, and 746.
  Sec. 2122.  Notwithstanding section 1101, the level for 
``Commodity Futures Trading Commission'' shall be $261,000,000, 
to remain available until September 30, 2012.
  Sec. 2123.  The proviso under the heading ``Commodity Futures 
Trading Commission'' in Public Law 111-80 shall not apply to 
funds appropriated by this Act.

      CHAPTER 2--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

  Sec. 2201.  Notwithstanding section 1101, the level for each 
of the following accounts shall be as follows: ``Department of 
Commerce, Bureau of the Census, Periodic Censuses and 
Programs'', $964,315,000; ``Department of Commerce, National 
Telecommunications and Information Administration, Salaries and 
Expenses'', $40,649,000; ``Department of Commerce, National 
Institute of Standards and Technology, Construction of Research 
Facilities'', $124,800,000; ``Department of Commerce, National 
Oceanic and Atmospheric Administration, Procurement, 
Acquisition and Construction'', $1,772,353,000; ``Department of 
Justice, General Administration, Detention Trustee'', 
$1,533,863,000; ``Department of Justice, Legal Activities, 
Salaries and Expenses, United States Attorneys'', 
$1,944,610,000; ``Department of Justice, Federal Bureau of 
Investigation, Salaries and Expenses'', $7,703,387,000; 
``Department of Justice, Federal Bureau of Investigation, 
Construction'', $107,310,000; ``Department of Justice, Drug 
Enforcement Administration, Salaries and Expenses'', 
$2,030,488,000; ``Department of Justice, Bureau of Alcohol, 
Tobacco, Firearms and Explosives, Salaries and Expenses'', 
$1,126,587,000; ``Department of Justice, Bureau of Alcohol, 
Tobacco, Firearms and Explosives, Construction'', $0; 
``Department of Justice, Federal Prison System, Salaries and 
Expenses'', $6,472,726,000; and ``Department of Justice, 
Federal Prison System, Buildings and Facilities'', 
$194,155,000.
  Sec. 2202.  Notwithstanding section 1101, the level for 
``Department of Commerce, United States Patent and Trademark 
Office, Salaries and Expenses'' shall be $2,262,000,000, to 
remain available until expended: Provided, That the sum herein 
appropriated from the general fund shall be reduced as 
offsetting collections assessed and collected pursuant to 15 
U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during fiscal 
year 2011, so as to result in a fiscal year 2011 appropriation 
from the general fund estimated at $0: Provided further, That 
during fiscal year 2011, should the total amount of offsetting 
fee collections, and the surcharge provided herein, be less 
than $2,262,000,000, this amount shall be reduced accordingly: 
Provided further, That any amount received in excess of 
$2,262,000,000 in fiscal year 2011, in an amount up to 
$200,000,000, shall remain available until expended: Provided 
further, That there shall be a surcharge of 15 percent, rounded 
by standard arithmetic rules, on fees charged or authorized by 
subsections (a), (b), and (d)(1) of section 41 of title 35, 
United States Code, as administered under Public Law 108-447 
and this Act, and on fees charged or authorized by section 
132(b) of title 35, United States Code: Provided further, That 
the surcharge established under the previous proviso shall be 
separate from, and in addition to, any other surcharge that may 
be required pursuant to any provision of title 35, United 
States Code: Provided further, That the surcharge established 
in the previous 2 provisions shall take effect on the date that 
is 10 days after the date of enactment of this Act, and shall 
remain in effect during fiscal year 2011: Provided further, 
That the receipts collected as a result of these surcharges 
shall be available, within the amounts provided herein, to the 
United States Patent and Trademark Office without fiscal year 
limitation, for all authorized activities and operations of the 
Office: Provided further, That within the amounts appropriated, 
$1,000,000 shall be transferred to ``Department of Commerce, 
Departmental Management, Office of Inspector General'' for 
activities associated with carrying out investigations and 
audits related to the United States Patent and Trademark 
Office.
  Sec. 2203.  Notwithstanding section 1101, the level for 
``Department of Justice, Community Oriented Policing Services'' 
shall be $597,500,000: Provided, That the amounts included 
under that heading in division B of Public Law 111-117 shall be 
applied in the same manner to funds appropriated by this Act, 
except that ``$15,000,000'' shall be substituted for 
``$40,385,000'', ``$0'' shall be substituted for 
``$25,385,000'', ``$1,500,000'' shall be substituted for 
``$170,223,000'', and ``$0'' shall be substituted for 
``$168,723,000''.
  Sec. 2204.  Notwithstanding section 1101, the level for 
``Department of Justice, Office of Justice Programs, State and 
Local Law Enforcement Assistance'' shall be $1,349,500,000: 
Provided, That the amounts included under that heading in 
division B of Public Law 111-117 shall be applied in the same 
manner to funds appropriated by this Act, except that ``$0'' 
shall be substituted for ``$185,268,000''.
  Sec. 2205.  Notwithstanding section 1101, the level for 
``Department of Justice, Office of Justice Programs, Juvenile 
Justice Programs'' shall be $332,500,000: Provided, That the 
amounts included under that heading in division B of Public Law 
111-117 shall be applied in the same manner to funds 
appropriated by this Act, except that ``$0'' shall be 
substituted for ``$91,095,000''.
  Sec. 2206.  Notwithstanding section 1101, the level for the 
following accounts of the National Aeronautics and Space 
Administration shall be as follows: ``Science'', 
$5,005,600,000; ``Exploration'', $3,706,000,000; ``Space 
Operations'', $5,247,900,000; ``Aeronautics'', $1,138,600,000; 
``Education'', $180,000,000; ``Cross Agency Support'', 
$3,085,700,000; ``Construction and Environmental Compliance and 
Remediation'', $528,700,000, of which $20,000,000 shall be 
derived from available unobligated balances previously 
appropriated for construction of facilities; and ``Office of 
Inspector General'', $37,500,000: Provided, That within the 
funds provided for ``Space Operations'', not less than 
$989,100,000 shall be for Space Shuttle operations, production, 
research, development, and support, $2,745,000,000 shall be for 
International Space Station operations, production, research, 
development, and support, $688,800,000 shall be for Space and 
Flight Support, and $825,000,000 shall be for additional Space 
Shuttle costs, launch complex development only for activities 
at the Kennedy Space Center related to the civil, nondefense 
launch complex, use at other National Aeronautics and Space 
Administration flight facilities that are currently scheduled 
to launch cargo to the International Space Station, and 
development of ground operations for the heavy lift launch 
vehicle and the Orion multipurpose crew vehicle: Provided 
further, That within the funds provided for ``Aeronautics'', 
$579,600,000 shall be for aeronautics research and development 
activities, and $559,000,000 shall be for space technology 
activities proposed for ``Aeronautics'' and exploration 
technology and demonstration program activities proposed for 
``Exploration'' in the National Aeronautics and Space 
Administration congressional justification that accompanied the 
President's Fiscal Year 2011 budget: Provided further, That 
within the funds provided for ``Exploration'', not less than 
$1,200,000,000 shall be for the Orion multipurpose crew 
vehicle, not less than $250,000,000 shall be for commercial 
crew, not less than $300,000,000 shall be for commercial cargo 
development, and not less than $1,800,000,000 shall be for the 
heavy lift launch vehicle system: Provided further, That the 
initial lift capability for the heavy lift launch vehicle 
system shall be not less than 130 tons and that the upper stage 
and other core elements shall be simultaneously developed: 
Provided further, That the provisos limiting the use of funds 
under the heading ``National Aeronautics and Space 
Administration, Exploration'' in division B of Public Law 111-
117 shall not apply to funds appropriated by this Act: Provided 
further, That within the funds provided for "Construction and 
Environmental Compliance and Remediation", $40,500,000 shall be 
available to support science research and development 
activities; $109,800,000 shall be available to support 
exploration research and development activities; $15,600,000 
shall be available to support space operations research and 
development activities; $300,700,000 shall be available for 
institutional construction of facilities; and $62,100,00 shall 
be available for environmental compliance and remediation: 
Provided further, That of funds provided under the headings 
``Space Operations'' and ``Exploration'' in this Act, up to 
$60,000,000 may be transferred to ``Department of Commerce, 
Economic Development Administration, Economic Development 
Assistance Programs'' to spur regional economic growth in areas 
impacted by Shuttle retirement and Exploration programmatic 
changes: Provided further, That following the retirement of the 
space shuttle orbiters, the National Aeronautics and Space 
Administration shall bear any costs that normally would be 
associated with surplusing the orbiters, including taking 
hazardous orbiter systems offline, and any shuttle recipient 
other than the Smithsonian Institution shall bear costs for 
transportation and for preparing the surplused orbiter for 
display: Provided further, That should the Administrator 
determine that the Smithsonian Institution is an appropriate 
venue for an orbiter, such orbiter shall be made available to 
the Smithsonian at no or nominal cost: Provided further, That 
any funds received by the National Aeronautics and Space 
Administration as a result of the disposition of any orbiter 
shall be available only as provided in subsequent 
appropriations Acts: Provided further, That funds made 
available for ``Space Operations'' in excess of those specified 
for Space Shuttle, International Space Station, and Space and 
Flight support may be transferred to ``Construction and 
Environmental Compliance and Remediation'' for construction 
activities only at National Aeronautics and Space 
Administration owned facilities: Provided further, That funds 
so transferred shall not be subject to section 505(a)(1) of 
division B of Public Law 111-117 or to the transfer limitations 
for the National Aeronautics and Space Administration described 
in the Administrative Provisions of that Act, and shall be 
available until September 30, 2015, only after notification of 
such transfers to the House and Senate Committees on 
Appropriations.
  Sec. 2207.  Of the funds made available for ``Department of 
Commerce, Bureau of the Census, Periodic Censuses and 
Programs'' in division B of Public Law 111-117, $1,740,000,000 
is rescinded.
  Sec. 2208.  Section 529 of division B of Public Law 111-117 
shall not apply to this Act.
  Sec. 2209.  The Departments of Commerce and Justice, the 
National Aeronautics and Space Administration, and the National 
Science Foundation are directed to submit spending plans, 
signed by the respective department or agency head, to the 
House and Senate Committees on Appropriations within 60 days of 
enactment of this Act.
  Sec. 2210.  None of the funds provided to the Department of 
Justice in this or any prior Act shall be available for the 
acquisition of any facility that is to be used wholly or in 
part for the incarceration or detention of any individual 
detained at Naval Station, Guantanamo Bay, Cuba, as of June 24, 
2009.
  Sec. 2211.  Notwithstanding any other provision of this Act, 
the following set-asides included in division B of Public Law 
111-117 for projects specified in the explanatory statement 
accompanying that Act in the following accounts for the 
corresponding amounts shall not apply to funds appropriated by 
this Act: (1) ``Department of Commerce, International Trade 
Administration, Operations and Administration'', $5,215,000; 
(2) ``Department of Commerce, Minority Business Development 
Agency, Minority Business Development'', $1,100,000; (3) 
``Department of Commerce, National Institute of Standards and 
Technology, Scientific and Technical Research and Services'', 
$10,500,000; (4) ``Department of Commerce, National Institute 
of Standards and Technology, Construction of Research 
Facilities'', $47,000,000; (5) ``Department of Commerce, 
National Oceanic and Atmospheric Administration, Operations, 
Research and Facilities'', $99,295,000; (6) ``Department of 
Commerce, National Oceanic and Atmospheric Administration, 
Procurement, Acquisition and Construction'', $18,000,000; and 
(7) ``National Aeronautics and Space Administration, Cross 
Agency Support'', $63,000,000.
  Sec. 2212.  Of the unobligated balances available to 
``Department of Justice, Legal Activities, Assets Forfeiture 
Fund'', $500,000,000 is hereby rescinded.

                           CHAPTER 3--DEFENSE

  Sec. 2301.  Notwithstanding section 1101 of this Act, the 
level for the ``Defense Health Program'' shall be 
$32,097,203,000; of which $30,952,369,000 shall be for 
operation and maintenance, of which not to exceed 2 percent 
shall remain available until September 30, 2012, and of which 
up to $16,212,121,000 may be available for contracts entered 
into under the TRICARE program; of which $519,921,000, to 
remain available for obligation until September 30, 2013, shall 
be for procurement; and of which $624,913,000, to remain 
available for obligation until September 30, 2012, shall be for 
research, development, test and evaluation.
  Sec. 2302.  Amounts provided by section 1101 of this Act for 
``Defense Health Program, Department of Defense'' shall be 
available: (1) for the purposes provided under section 1704 of 
the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111-84), (2) for transfer to the Joint Department 
of Defense-Department of Veterans Affairs Medical Facility 
Demonstration Fund under such section 1704, and (3) for 
operations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Veterans 
Affairs Medical Center, and Navy Ambulatory Care Center, and 
supporting facilities designated as a combined federal medical 
facility as described by section 706 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417).
  Sec. 2303. (a) The authority provided by section 1202 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109-163), as amended by section 1222 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2518), and the authority provided by section 
1222(e) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84), shall continue in effect through 
the date specified in section 1106 of this Act.
  (b) Notwithstanding section 1101 of this Act, the level 
available for the ``Commander's Emergency Response Program'' 
shall be $500,000,000: Provided, That projects (including 
ancillary or related elements in connection with each project) 
executed under this authority shall not exceed $20,000,000: 
Provided further, That the Secretary of Defense shall notify 
the congressional defense committees in writing of any project 
with a total anticipated cost for completion of $5,000,000 not 
less than 15 days prior to obligating funds.
  Sec. 2304.  The authority provided by section 1234 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111-84; 123 Stat. 2532) shall continue in effect through 
the earlier of the date of enactment of the National Defense 
Authorization Act for Fiscal Year 2011 or December 31, 2011.
  Sec. 2305.  The authority provided by section 1224 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111-84; 123 Stat. 2521) shall continue in effect through 
the earlier of the date of enactment of the National Defense 
Authorization Act for Fiscal Year 2011 or December 31, 2011.
  Sec. 2306.  Notwithstanding any other provision of law, of 
the amount provided to the Department of Defense by section 
1101 of this Act for ``Operation and Maintenance'', up to 
$75,000,000 may be obligated and expended for purposes of 
building the capacity of Yemeni Ministry of Interior forces to 
conduct counterterrorism operations, subject to the direction 
and control of the Secretary of Defense, with the concurrence 
of the Secretary of State: Provided, That the Secretary of 
Defense shall, not fewer than 15 days prior to providing 
assistance under this section, submit to the congressional 
defense committees a notice setting forth the assistance to be 
provided, including the types of such assistance, the budget 
for such assistance, and the completion date for the provision 
of such assistance.
  Sec. 2307.  All funds provided by section 1101 of this Act 
for the ``Joint Improvised Explosive Device Defeat Fund'' may 
be used for staff and infrastructure costs.
  Sec. 2308.  The authority provided by section 1014 of the 
Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110-417), shall continue in effect 
through the earlier of the date of enactment of the National 
Defense Authorization Act for Fiscal Year 2011 or December 31, 
2011.
  Sec. 2309.  Section 8905a(d)(4)(B) of title 5, United States 
Code, is amended--
          (1) in clause (i), by striking ``October 1, 2010'' 
        and inserting ``December 31, 2011''; and
          (2) in clause (ii)--
                  (A) by striking ``February 1, 2011'' and 
                inserting ``February 1, 2012''; and
                  (B) by striking ``October 1, 2010'' and 
                inserting ``December 31, 2011''.
  Sec. 2310.  There is hereby established in the Treasury of 
the United States the ``Afghanistan Infrastructure Fund''. Of 
the funds made available in section 1101 of this Act, 
$400,000,000 is available for the ``Afghanistan Infrastructure 
Fund'', to remain available until September 30, 2012: Provided, 
That such sums shall be available for infrastructure projects 
in Afghanistan, notwithstanding any other provision of law, 
which shall be undertaken by the Secretary of State, unless the 
Secretary of State and the Secretary of Defense jointly decide 
that a specific project will be undertaken by the Department of 
Defense: Provided further, That the infrastructure referred to 
in the preceding proviso is in support of the counterinsurgency 
strategy, requiring funding for facility and infrastructure 
projects, including water, power, and transportation projects 
and related maintenance and sustainment costs: Provided 
further, That the authority to undertake such infrastructure 
projects is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That any 
projects funded by this appropriation shall be jointly 
formulated and concurred in by the Secretary of State and 
Secretary of Defense: Provided further, That funds may be 
transferred to the Department of State for purposes of 
undertaking projects, which funds shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 
for purposes of making available the administrative authorities 
contained in that Act: Provided further, That the transfer 
authority in the preceding proviso is in addition to any other 
authority available to the Department of Defense to transfer 
funds: Provided further, That any unexpended funds transferred 
to the Secretary of State under this authority shall be 
returned to the Afghanistan Infrastructure Fund if the 
Secretary of State, in coordination with the Secretary of 
Defense, determines that the project cannot be implemented for 
any reason, or that the project no longer supports the 
counterinsurgency strategy in Afghanistan: Provided further, 
That any funds returned to the Secretary of Defense under the 
previous proviso shall be available for use under this section 
and shall be treated in the same manner as funds not 
transferred to the Secretary of State: Provided further, That 
contributions of funds for the purposes provided herein to the 
Secretary of State in accordance with section 635(d) of the 
Foreign Assistance Act from any person, foreign government, or 
international organization may be credited to such Fund, to 
remain available until expended, and used for such purposes: 
Provided further, That not later than 45 days after the end of 
each fiscal quarter, the Inspector General of the Department of 
State or the Inspector General of the United States Agency for 
International Development, as appropriate, shall provide to the 
appropriate committees of Congress an assessment in writing of 
whether the funds provided herein to the Department of State or 
the United States Agency for International Development are 
being used in the intended manner: Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior to 
making transfers to or from, or obligations from, the Fund, 
notify the appropriate committees of Congress in writing of the 
details of any such transfer: Provided further, That the 
``appropriate committees of Congress'' are the Committees on 
Armed Services, Foreign Relations, and Appropriations of the 
Senate and the Committees on Armed Services, Foreign Affairs, 
and Appropriations of the House of Representatives.
  Sec. 2311.  The authority provided by section 1021 of the 
Ronald W. Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108-375; 118 Stat. 2042), as amended by 
section 1011 of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2441), shall 
continue in effect through the earlier of the date of enactment 
of the National Defense Authorization Act for Fiscal Year 2011 
or the date specified in section 1106 of this Act.
  Sec. 2312.  The authority provided by section 1022 of the 
National Defense Authorization Act for Fiscal Year 2004 (Public 
Law 108-136; 10 U.S.C. 371 note), as amended by section 1012 of 
the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111-84; 123 Stat. 2441), shall continue in effect 
through the earlier of the date of enactment of the National 
Defense Authorization Act for Fiscal Year 2011 or the date 
specified in section 1106 of this Act.
  Sec. 2313.  The authority provided by section 1033 of the 
National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105-85), as amended by section 1014 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2442), shall continue in effect through the earlier of 
the date of enactment of the National Defense Authorization Act 
for Fiscal Year 2011 or the date specified in section 1106 of 
this Act.
  Sec. 2314.  The Secretary of the Navy may award a contract or 
contracts for up to 20 Littoral Combat Ships subject to the 
availability of appropriated funds for such purpose.
  Sec. 2315.  In addition to amounts otherwise made available 
by this Act, $2,770,300,000, is hereby appropriated for title I 
of division A of the Department of Defense Appropriations Act, 
2010 (division A of Public Law 111-118).
  Sec. 2316.  The authority provided by sections 611, 612, 613, 
614, 615, and 616 of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84) shall continue in effect 
through the earlier of the date of enactment of the National 
Defense Authorization Act for Fiscal Year 2011 or December 31, 
2011.
  Sec. 2317.  The authority provided by section 631 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181) shall continue in effect through the earlier of 
the date of enactment of the National Defense Authorization Act 
for Fiscal Year 2011 or December 31, 2011.
  Sec. 2318.  Notwithstanding subsection (b) of section 310 of 
the Supplemental Appropriations Act, 2009 (Public Law 111-32; 
123 Stat. 1870), a claim described in that subsection that is 
submitted before the date specified in section 1106 of this Act 
shall be treated as a claim for which payment may be made under 
such section 310.
  Sec. 2319.  The authority provided by section 1071 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111-84) shall continue in effect through the earlier of the 
date of enactment of the National Defense Authorization Act for 
Fiscal Year 2011 or December 31, 2011.
  Sec. 2320.  The authority provided by section 931 of the 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364) shall continue in effect through the earlier of 
the date of enactment of the National Defense Authorization Act 
for Fiscal Year 2011 or December 31, 2011.
  Sec. 2321.  The authority provided by section 1106 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111-84) shall continue in effect through the earlier of the 
date of enactment of the National Defense Authorization Act for 
Fiscal Year 2011 or December 31, 2011.
  Sec. 2322. (a) Extension of Waiver.--Paragraph (1) of section 
941(b) of the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4577; 10 
U.S.C. 184 note) is amended by striking ``fiscal years 2009 and 
2010'' and inserting ``fiscal years 2009 through 2011.''
  (b) Annual Report.--Paragraph (3) of such section 941(b) is 
amended by striking ``in 2010 and 2011'' and inserting ``in 
each year through 2012.''
  Sec. 2323.  Notwithstanding section 1101 of this Act, 
sections 8006, 8076, and 8101 of the Department of Defense 
Appropriations Act, 2010 (division A of Public Law 111-118), 
shall not be applicable during the current fiscal year.
  Sec. 2324.  Notwithstanding any other provision of law, 
during fiscal year 2011, not more than $150,000,000 of the 
funds made available for overseas contingency operations 
operation and maintenance may be obligated and expended for 
purposes of the Task Force for Business and Stability 
Operations, subject to the direction and control of the 
Secretary of Defense, with concurrence of the Secretary of 
State, to carry out strategic business and economic assistance 
activities in support of Operation Enduring Freedom: Provided, 
That the Secretary of Defense shall, not fewer than 15 days 
prior to the use of the authority provided in this section, 
submit to the congressional defense committees a notice setting 
forth the projects to be initiated, including the budget and 
the completion date for each project.
  Sec. 2325.  Subsection (a) of section 2808 of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B 
of Public Law 108-136; 117 Stat. 1723), as amended by section 
2806 of the Military Construction Authorization Act for Fiscal 
Year 2010 (division B of Public Law 111-84; 123 Stat. 2660), 
shall continue in effect through the date specified in section 
1106 of this Act.
  Sec. 2326.  Of the amounts made available to the Department 
of Defense in section 1101 of this Act, the Secretary of 
Defense shall provide $205,000,000 to the government of Israel 
for the procurement of the Iron Dome defense system to counter 
short-range rocket threats.
  Sec. 2327. (a) None of the amounts made available and no 
authority provided pursuant to section 1101 of this Act to the 
Department of Defense shall be used for--
          (1) the new production of items not funded for 
        production in fiscal year 2010 or prior years;
          (2) the increase in production rates or levels of 
        effort above those sustained with amounts made 
        available for fiscal year 2010; or
          (3) the initiation, resumption, or continuation of 
        any project, activity, operation, or organization 
        (defined as any project, subproject, activity, budget 
        activity, program element, and subprogram within an O-1 
        line, R-1 program element and P-1 line item in a budget 
        activity within an appropriation account) for which 
        appropriations, funds, or other authority were not 
        available during fiscal year 2010 except as approved 
        and described in subsection (b).
  (b) The Secretary of Defense, with the approval of the 
Director of the Office of Management and Budget, may make a 
single transfer request to realign funds for execution in 
fiscal year 2011, to include new starts, increases in 
production or levels of effort, and other realignments to meet 
military requirements for which funds were not provided for 
during fiscal year 2010. The transfer of funds for such 
purposes shall be accomplished using the procedures established 
in section 8005 of the Department of Defense Appropriations 
Act, 2010 (division A of Public Law 111-118), by not later than 
60 days after the date of enactment of this Act: Provided, That 
with the exception of funding provided in title I of the 
Department of Defense Appropriations Act, 2010 and for the 
``Defense Health Program'' in section 2301 of this Act, and 
section 2332 of this Act, the program base from which 
realignments are proposed shall be the allocations as 
prescribed in section 1101 of this Act: Provided further, That 
transfers made in the realignment reprogramming shall not be 
taken into account for purposes of the limitation on the amount 
of funds that may be transferred under section 8005 of the 
Department of Defense Appropriation Act, 2010 (division A of 
Public Law 111-118).
  (c) Subsequent to a transfer under subsection (b), the 
Secretary of Defense shall submit to the congressional defense 
committees reports on the baseline for application of 
reprogramming and transfer authorities for fiscal year 2011 as 
provided in section 8007 of the Department of Defense 
Appropriations Act, 2010 (division A of Public Law 111-118).
  Sec. 2328.  None of the amounts appropriated or authorities 
granted pursuant to section 1101 of this Act for the National 
Intelligence Program shall be used for new projects or sub-
projects for which funds were not provided for in fiscal year 
2010 or for increases in level of effort for previously funded 
projects or sub-projects above the fiscal year 2010 funded 
level unless the congressional intelligence committees are 
notified in accordance with the regular reprogramming 
procedures.
  Sec. 2329.  Of the funds available in section 1101 of this 
Act, $250,000,000 is hereby appropriated for ``Operation and 
Maintenance, Defense-Wide'', to be available until expended: 
Provided, That such funds shall only be available to the 
Secretary of Defense, acting through the Office of Economic 
Adjustment of the Department of Defense, or for transfer to the 
Secretary of Education, notwithstanding any other provision of 
law, to make grants, conclude cooperative agreements, or 
supplement other federal funds to construct, renovate, repair, 
or expand elementary and secondary public schools on military 
installations in order to address capacity or facility 
condition deficiencies at such schools: Provided further, That 
in making such funds available, the Office of Economic 
Adjustment or the Secretary of Education shall give priority 
consideration to those military installations with schools 
having the most serious capacity or facility condition 
deficiencies, as determined by the Secretary of Defense.
  Sec. 2330.  Of the amounts provided to the Department of 
Defense in section 1101 of this Act for operation and 
maintenance, $300,000,000, shall be for ``Operation and 
Maintenance, Defense-Wide'', to remain available until 
expended. Such funds may be available for the Office of 
Economic Adjustment, notwithstanding any other provision of 
law, for transportation infrastructure improvements associated 
with medical facilities related to recommendations of the 
Defense Base Closure and Realignment Commission.
  Sec. 2331.  None of the amounts appropriated or otherwise 
made available or authorities provided pursuant to section 1101 
of this Act for the Department of Defense shall be used to 
initiate multi-year procurements.
  Sec. 2332.  In addition to amounts otherwise made available 
by this Act, $2,000,000 is appropriated for the National 
Commission for the Review of the Research and Development 
Programs of the United States Intelligence Community.
  Sec. 2333.  For purposes of section 8089 of division A of the 
Department of Defense Appropriations Act, 2010 (division A of 
Public Law 111-118), any funds transferred shall retain the 
same period of availability as when originally appropriated.
  Sec. 2334. (a) The amount provided by section 1101 of this 
Act for title II of division A of the Department of Defense 
Appropriations Act, 2010 (division A of Public Law 111-118) is 
hereby reduced to reflect excess cash balances in Department of 
Defense Working Capital Funds, as follows: From ``Operation and 
Maintenance, Army'', $483,000,000.
  (b) Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded 
from the following accounts and programs in the specified 
amounts:
          (1) ``Aircraft Procurement, Navy, 2010/2012'', 
        $168,000,000;
          (2) ``Aircraft Procurement, Air Force, 2010/2012'', 
        $136,000,000; and
          (3) ``Research, Development, Test and Evaluation, Air 
        Force 2010/2011'', $182,000,000.

     CHAPTER 4--ENERGY AND WATER DEVELOPMENT, AND RELATED AGENCIES

  Sec. 2401.  Sections 106, 107, 109 through 125, 203, 205 
through 211, and 314 of the Energy Water and Development and 
Related Agencies Appropriations Act, 2010 (Public Law 111-85) 
shall not apply to funds appropriated in this Act.
  Sec. 2402.  The Secretary of the Army, acting through the 
Chief of Engineers, may waive the limitation concerning total 
project costs in section 902 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2280), if such limitation would be 
exceeded during fiscal year 2011 for any project that receives 
funds provided in this Act.
  Sec. 2403.  Notwithstanding section 1101, the level for 
``Corps of Engineers, Civil, Construction'' shall be 
$1,837,000,000.
  Sec. 2404.  All of the provisos under the heading ``Corps of 
Engineers, Civil, Construction'' in Public Law 111-85 shall not 
apply to funds appropriated in this Act.
  Sec. 2405.  The proviso under the heading ``Corps of 
Engineers, Civil, Mississippi River and Tributaries'' in Public 
Law 111-85 shall not apply to funds appropriated in this Act.
  Sec. 2406.  The authority provided by section 126 of Public 
Law 111-85, which continues in effect through the date 
specified in section 1106 of this Act, shall include the 
authority to undertake such modifications or emergency measures 
as the Secretary of the Army determines to be appropriate to 
prevent aquatic nuisance species from dispersing into the Great 
Lakes by way of any hydrologic connection between the Great 
Lakes and the Mississippi River.
  Sec. 2407.  The last four provisos under the heading 
``Department of the Interior, Bureau of Reclamation, Water and 
Related Resources'' in Public Law 111-85 shall not apply to 
funds appropriated in this Act.
  Sec. 2408.  Notwithstanding section 1101, the level for each 
of the following accounts under the heading ``Department of 
Energy, Energy Programs'' shall be as follows: ``Advanced 
Technology Vehicles Manufacturing Loan Program'', $9,998,000; 
``Office of the Inspector General'', $42,850,000; ``Electricity 
Delivery and Energy Reliability'', $158,982,000; ``Nuclear 
Energy'', $768,637,000; and ``Strategic Petroleum Reserve'', 
$209,861,000.
  Sec. 2409.  The first proviso under the heading ``Department 
of Energy, Energy Programs, Science'' in title III of the 
Energy and Water Development Appropriations Act, 2010 (Public 
Law 111-85) shall not apply to funds appropriated in this Act.
  Sec. 2410.  Up to a total of $300,000,000 of funds provided 
by section 1101 for ``Department of Energy, Energy Programs, 
Energy Efficiency and Renewable Energy'' and ``Department of 
Energy, Energy Programs, Science'' may be transferred by the 
Secretary of Energy to ``Advanced Research Projects Agency--
Energy'': Provided, That of the funds transferred, the Director 
of the Advanced Research Projects Agency--Energy shall have the 
authority to fix basic pay and payments in addition to basic 
pay without regard to the civil service laws, provided that 
aggregate pay does not exceed the Vice President's salary as 
specified in 3 U.S.C. 104.
  Sec. 2411.  Notwithstanding section 1101, subject to section 
502 of the Congressional Budget Act of 1974, amounts necessary 
to support commitments to guarantee loans under title XVII of 
the Energy Policy Act of 2005, not to exceed a total principal 
amount of $10,000,000,000, to remain available until committed: 
Provided, That of such amount $7,000,000,000 is for nuclear 
power facilities and $3,000,000,000 is for fossil energy 
technologies: Provided further, That these amounts are in 
addition to authorities provided in any other Act: Provided 
further, That for amounts collected pursuant to section 
1702(b)(2) of the Energy Policy Act of 2005, the source of such 
payment received from borrowers may not be a loan or other debt 
obligation that is guaranteed by the Federal Government: 
Provided further, That pursuant to section 1702(b)(2) of the 
Energy Policy Act of 2005, no appropriations are available to 
pay the subsidy cost of such guarantees for nuclear power 
facilities or fossil energy technologies: Provided further, 
That none of the loan guarantee authority made available in 
this Act shall be available for commitments to guarantee loans 
for any projects with respect to which funds, personnel, or 
property (tangible or intangible) of any Federal agency, 
instrumentality, personnel, or affiliated entity are expected 
to be used (directly or indirectly) through acquisitions, 
contracts, demonstrations, exchanges, grants, incentives, 
leases, procurements, sales, other transaction authority, or 
other arrangements, to support the project or to obtain goods 
or services from the project: Provided further, That the 
previous proviso shall not be interpreted as precluding the use 
of the loan guarantee authority in this Act for commitments to 
guarantee loans for (1) projects as a result of such projects 
benefitting from otherwise allowable Federal income tax 
benefits; (2) projects as a result of such projects benefitting 
from being located on Federal land pursuant to a lease or 
right-of-way agreement for which all consideration for all uses 
is (A) paid exclusively in cash, (B) deposited in the Treasury 
as offsetting receipts, and (C) equal to the fair market value 
as determined by the head of the relevant Federal agency; (3) 
projects as a result of such projects benefitting from Federal 
insurance programs, including under section 170 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210; commonly known as the 
``Price-Anderson Act''); or (4) electric generation projects 
using transmission facilities owned or operated by a Federal 
Power Marketing Administration or the Tennessee Valley 
Authority that have been authorized, approved, and financed 
independent of the project receiving the guarantee: Provided 
further, That none of the loan guarantee authority made 
available in this Act shall be available for any project unless 
the Director of the Office of Management and Budget has 
certified in advance in writing that the loan guarantee and the 
project comply with the provisos under this section: Provided 
further, That in addition to amounts otherwise made available 
by this Act, $306,000,000 is appropriated, to remain available 
until expended, for the cost of loan guarantees for projects 
that employ: (1) new or significantly improved technologies of 
renewable energy systems or efficient end-use energy 
technologies under section 1703 of the Energy Policy Act of 
2005; or (2) notwithstanding section 1703(a)(2), commercial 
technologies of renewable energy systems, efficient end-use 
energy technologies, or leading edge biofuel projects: Provided 
further, That of the authority provided for commitments to 
guarantee loans under ``Department of Energy, Energy Programs, 
Title 17 Innovative Technology Loan Guarantee Program'' in 
title III of division C of Public Law 111-8 and title III of 
division C of Public Law 110-161, $18,000,000,000 is rescinded: 
Provided further, That an additional amount for necessary 
administrative expenses to carry out this Loan Guarantee 
program, $58,000,000 is appropriated, to remain available until 
expended: Provided further, That $58,000,000 of the fees 
collected pursuant to section 1702(h) of the Energy Policy Act 
of 2005 shall be credited as offsetting collections to this 
account to cover administrative expenses and shall remain 
available until expended, so as to result in a final fiscal 
year 2011 appropriations from the general fund estimated at not 
more than $0: Provided further, That fees collected under such 
section 1702(h) in excess of the amount appropriated for 
administrative expenses shall not be available until 
appropriated.
  Sec. 2412.  Notwithstanding section 1101, the level for 
``Atomic Energy Defense Activities, National Nuclear Security 
Administration, Weapons Activities'' shall be $7,008,835,000: 
Provided, That $624,000,000 of such amount shall be available 
only upon the Senate giving its advice and consent to the 
ratification of the Treaty between the United States of America 
and the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive Arms (commonly 
known as the ``New START Treaty'').
  Sec. 2413.  All of the provisos under the heading ``Atomic 
Energy Defense Activities, National Nuclear Security 
Administration, Weapons Activities'' in title III of the Energy 
and Water Development Appropriations Act, 2010 (Public Law 111-
85) shall not apply to funds appropriated in this Act.
  Sec. 2414.  Notwithstanding section 1101, the level for 
``Atomic Energy Defense Activities, National Nuclear Security 
Administration, Defense Nuclear Nonproliferation'' shall be 
$2,575,000,000.
  Sec. 2415.  The first proviso under the heading ``Atomic 
Energy Defense Activities, National Nuclear Security 
Administration, Office of the Administrator'' in title III of 
the Energy and Water Development Appropriations Act, 2010 
(Public Law 111-85) shall not apply to funds appropriated in 
this Act.
  Sec. 2416.  Notwithstanding section 1101, the level for 
``Department of Energy, Environmental and Other Defense 
Activities, Defense Environmental Cleanup'' shall be 
$5,263,031,000, of which $33,700,000 shall be transferred to 
the ``Uranium Enrichment Decontamination and Decommissioning 
Fund''.
  Sec. 2417. (a) Notwithstanding any other provision of law, no 
funds appropriated in this or any other Act may be used in 
fiscal year 2011 to transfer, sell, barter, distribute, or 
otherwise provide more than 3,300,000 pounds of natural uranium 
equivalent of uranium in any form from the Department of 
Energy's inventory.
  (b) Any transfer, sale, barter, distribution, or other 
provision of uranium in any form under subsection (a) shall be 
carried out consistent with the Department of Energy's Excess 
Uranium Inventory Management Plan, dated December 16, 2008.
  (c) The prohibition in subsection (a) shall not apply to the 
transfer, sale, barter, distribution, or other provision of 
uranium in any form for use in initial reactor cores.
  (d) Not less than 30 days prior to the transfer, sale, 
barter, distribution, or other provision of uranium in any form 
in accordance with this section, the Secretary of Energy shall 
notify the Committees on Appropriations of the House of 
Representatives and the Senate. Such notification shall include 
the following information:
          (1) The amount of uranium to be transferred, sold, 
        bartered, distributed, or otherwise provided.
          (2) The estimated market value of the uranium.
          (3) The expected date of the transfer, sale, barter, 
        distribution, or provision of the uranium.
          (4) The recipient of uranium.
  Sec. 2418.  Notwithstanding section 1105, no appropriation, 
funds, or authority made available pursuant to section 1101 for 
the Department of Energy shall be used to initiate or resume 
any project or activity or to initiate Requests For Proposals 
or similar arrangements (including Requests for Quotations, 
Requests for Information, and Funding Opportunity 
Announcements) for a program or activity if the program or 
activity has not been funded by Congress, unless prior approval 
is received from the Committees on Appropriations of the House 
of Representatives and the Senate.
  Sec. 2419.  During the period specified in section 1106 of 
this Act, section 15751(b) of title 40, United States Code, 
shall not apply to the Northern Border Regional Commission.
  Sec. 2420.  Within 30 days of enactment of this Act, the 
Department of Energy, Corps of Engineers, Civil, and Bureau of 
Reclamation shall submit to the Committees on Appropriations of 
the House of Representatives and the Senate a spending, 
expenditure, or operating plan for fiscal year 2011 at a level 
of detail below the account level.

          CHAPTER 5--FINANCIAL SERVICES AND GENERAL GOVERNMENT

  Sec. 2501.  Notwithstanding section 1101, the level for each 
of the following accounts of the Department of the Treasury 
shall be as follows: ``Departmental Offices, Salaries and 
Expenses'', $320,088,000; ``Special Inspector General for the 
Troubled Asset Relief Program, Salaries and Expenses'', 
$36,300,000; ``Treasury Inspector General for Tax 
Administration, Salaries and Expenses'', $155,452,000; 
``Financial Management Service, Salaries and Expenses'', 
$235,253,000; ``Alcohol and Tobacco Tax and Trade Bureau, 
Salaries and Expenses'', $101,000,000; and ``Bureau of the 
Public Debt, Administering the Public Debt'', $185,985,000.
  Sec. 2502.  Notwithstanding section 1101, under the heading 
``Department of the Treasury, Departmental Offices, Salaries 
and Expenses'' in division C of Public Law 111-117, the 
requirement to transfer funds to the National Academy of 
Sciences for a carbon audit of the tax code shall not apply to 
funds appropriated by this Act.
  Sec. 2503.  Notwithstanding section 1101, under the heading 
``Department of the Treasury, Department-wide Systems and 
Capital Investments Programs'' in division C of Public Law 111-
117, the first proviso shall not apply to funds appropriated by 
this Act.
  Sec. 2504.  Notwithstanding section 1101, under the heading 
``Alcohol and Tobacco Tax and Trade Bureau'' in division C of 
Public Law 111-117, the first proviso shall not apply to funds 
appropriated by this Act.
  Sec. 2505.  Of the unobligated balances available under the 
heading ``Treasury Forfeiture Fund'', $350,000,000 is 
rescinded.
  Sec. 2506.  Notwithstanding section 1101, the requirement to 
transfer funds to the Capital Magnet Fund under the heading 
``Department of the Treasury, Community Development Financial 
Institutions Fund Program Account'' in title I of division C of 
Public Law 111-117 shall not apply to funds appropriated by 
this Act, and the funds subject to such transfer shall remain 
with the aggregate amount of funds provided under the first 
paragraph under such heading in such Public Law.
  Sec. 2507.  Notwithstanding section 1101, the level for each 
of the following accounts of the Internal Revenue Service shall 
be as follows: ``Taxpayer Services'', $2,338,215,000; 
``Operations Support'', $4,159,884,000; ``Business Systems 
Modernization'', $363,897,000; and ``Health Insurance Tax 
Credit Administration'', $18,987,000.
  Sec. 2508.  Notwithstanding section 1101, the level for 
``Internal Revenue Service, Enforcement'' shall be 
$5,629,500,000, of which not less than $125,500,000 shall be 
for enforcement related to offshore tax evasion.
  Sec. 2509.  Notwithstanding section 1101, the level for each 
of the following accounts shall be $0: ``Executive Office of 
the President and Funds Appropriated to the President, 
Partnership Fund for Program Integrity Innovation''; ``Office 
of National Drug Control Policy, Counterdrug Technology 
Assessment Center''; ``District of Columbia, Federal Payment 
for Consolidated Laboratory Facility''; and ``Election 
Assistance Commission, Election Reform Programs''.
  Sec. 2510.  Notwithstanding section 1101, the level for each 
of the following accounts shall be as follows: ``Executive 
Office of the President and Funds Appropriated to the 
President, White House Repair and Restoration'', $2,005,000; 
``Executive Office of the President and Funds Appropriated to 
the President, National Security Council and Homeland Security 
Council'', $13,984,000; ``The Judiciary, Fees of Jurors and 
Commissioners'', $52,410,000; ``The Judiciary, Vaccine Injury 
Compensation Trust Fund'', $4,785,000; ``Administrative 
Conference of the United States'', $2,750,000; ``Federal 
Deposit Insurance Corporation, Office of the Inspector 
General'', $47,916,000; ``Harry S Truman Scholarship 
Foundation'', $1,010,000; and ``Office of Special Counsel, 
Salaries and Expenses'', $19,435,000.
  Sec. 2511.  Any expenses incurred by the Election Assistance 
Commission using amounts appropriated under the heading 
``Election Assistance Commission, Election Reform Programs'' in 
the Transportation, Treasury, and Independent Agencies 
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 327) 
for any program or activity which the Commission is authorized 
to carry out under the Help America Vote Act of 2002 shall be 
considered to have been incurred for the programs and 
activities described under such heading.
  Sec. 2512.  Notwithstanding section 1101, the level for ``The 
Judiciary, Courts of Appeals, District Courts, and Other 
Judicial Services, Salaries and Expenses'' shall be 
$5,137,236,000; Provided, That notwithstanding section 302 of 
division C of Public Law 111-117, not to exceed $101,962,000 
shall be available for transfer between accounts to maintain 
fiscal year 2010 operating levels.
  Sec. 2513.  Section 203(c) of the Judicial Improvements Act 
of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended--
          (1) in the third sentence (relating to the District 
        of Kansas), by striking ``19 years'' and inserting ``20 
        years'';
          (2) in the sixth sentence (relating to the Northern 
        District of Ohio), by striking ``19 years'' and 
        inserting ``20 years''; and
          (3) in the seventh sentence (relating to the District 
        of Hawaii), by striking ``16 years'' and inserting ``17 
        years''.
  Sec. 2514.  Notwithstanding any other provision of this Act, 
except section 1106, the District of Columbia may expend local 
funds for programs and activities under the heading ``District 
of Columbia Funds'' for such programs and activities under 
title IV of S. 3677 (111th Congress), as reported by the 
Committee on Appropriations of the Senate, at the rate set 
forth under ``District of Columbia Funds'' as included in the 
Fiscal Year 2011 Budget Request Act (D.C. Act 18-448), as 
modified as of the date of the enactment of this Act.
  Sec. 2515.  Notwithstanding section 1101, the limits set 
forth in section 702 of division C of Public Law 111-117 shall 
not apply to any vehicle that is a commercial item and which 
operates on emerging motor vehicle technology, including 
electric, plug-in hybrid electric, and hydrogen fuel cell 
vehicles.
  Sec. 2516.  Notwithstanding section 1101, the aggregate 
amount of new obligational authority provided under the heading 
``General Services Administration, Real Property Activities, 
Federal Buildings Fund, Limitations on Availability of 
Revenue'' for Federal buildings and courthouses and other 
purposes of the Fund shall be $8,228,561,000, of which 
$492,722,000 is provided for ``Construction and Acquisition'' 
and $500,067,000 is provided for ``Repairs and Alterations'': 
Provided, That the Administrator of General Services is 
authorized to initiate design, construction, repair, 
alteration, leasing, and other projects through existing 
authorities of the Administrator: Provided further, That the 
General Services Administration shall submit a detailed plan, 
by project, regarding the use of funds to the Committees on 
Appropriations of the House of Representatives and the Senate 
within 30 days of enactment of this section and will provide 
notification to the Committees within 15 days prior to any 
changes regarding the use of these funds.
  Sec. 2517.  The matter pertaining to the amount of $1,000,000 
under the heading ``General Services Administration, Operating 
Expenses'' in division C of Public Law 111-117 (123 Stat. 3190) 
shall not apply to funds appropriated by this Act.
  Sec. 2518.  Notwithstanding section 1101, the level for each 
of the following accounts of the National Archives and Records 
Administration shall be as follows: ``Operating Expenses'', 
$348,689,000; ``Office of Inspector General'', $4,250,000; 
``Electronic Records Archives'', $72,000,000, of which 
$52,500,000 shall remain available until September 30, 2013; 
``Repairs and Restoration'' , $11,848,000; and ``National 
Historical Publications and Records Commission, Grants 
Program'', $10,000,000.
  Sec. 2519.  Public Law 109-115 is amended, under the heading 
``National Archives and Records Administration, Repairs and 
Restoration'', by striking ``of which $1,500,000 is to 
construct a new regional archives and records facility in 
Anchorage, Alaska,''.
  Sec. 2520.  Division H of Public Law 108-447 is amended, 
under the heading ``National Archives and Records 
Administration, Repairs and Restoration'', by striking ``of 
which $3,000,000 is for site preparation and construction 
management to construct a new regional archives and records 
facility in Anchorage, Alaska, and''.
  Sec. 2521.  Public Law 111-240 is amended in section 1114 and 
section 1704 by striking ``December 31, 2010'' and inserting 
``September 30, 2011'' each time it appears and in section 1704 
by adding at the end the following: ``(c) For purposes of the 
loans made under this section, the maximum guaranteed amount 
outstanding to the borrower may not exceed $4,500,000.''.
  Sec. 2522.  Notwithstanding section 1101, the level for 
``United States Postal Service, Payment to the Postal Service 
Fund'' shall be $29,000,000; and, notwithstanding section 1109, 
an additional $74,905,000 shall be available for obligation on 
October 1, 2011.
  Sec. 2523.  Of the unobligated balances of prior year 
appropriations available under the heading ``Privacy and Civil 
Liberties Oversight Board'', $1,500,000 is rescinded.
  Sec. 2524.  Section 617 of division C of Public Law 111-117 
is amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010''.
  Sec. 2525.  Of the unobligated balances of prior year 
appropriations available under the heading ``Federal 
Communications Commission, Salaries and Expenses'', $2,800,000 
is rescinded.
  Sec. 2526.  Section 710 of division C of Public Law 111-117 
is amended in subsection (c) by striking ``September 30, 2009'' 
and inserting ``September 30, 2010'' and in subsection (e) by 
striking ``September 30, 2009'' and inserting ``September 30, 
2010''.
  Sec. 2527.  Section 805(b) of division C of Public Law 111-
117 is amended by striking ``November 1, 2010'' and inserting 
``November 1, 2011''.
  Sec. 2528.  Section 302 of the Universal Service 
Antideficiency Temporary Suspension Act is amended by striking 
``December 31, 2010'' each place it appears and inserting 
``December 31, 2011.''

                      CHAPTER 6--HOMELAND SECURITY

  Sec. 2601.  Within 30 days after the date of enactment of 
this Act, the Department of Homeland Security shall submit to 
the Committees on Appropriations of the House of 
Representatives and the Senate an expenditure plan for fiscal 
year 2011 at a level of specificity below the account level for 
the activities listed in the detailed funding table contained 
in Public Law 111-83.
  Sec. 2602.  Notwithstanding section 1101, the level for 
``Office of the Under Secretary for Management'' shall be 
$366,617,000, of which $129,384,000 shall remain available 
until expended for headquarters consolidation and improvements.
  Sec. 2603.  Notwithstanding section 1101, the level for 
``Office of the Federal Coordinator for Gulf Coast Rebuilding'' 
shall be $0.
  Sec. 2604.  Notwithstanding section 1101, the level for each 
of the following accounts shall be as follows: ``U.S. Customs 
and Border Protection, Salaries and Expenses'', $8,208,013,000; 
``U.S. Customs and Border Protection, Automation 
Modernization'', $347,575,000; ``U.S. Customs and Border 
Protection, Border Security Fencing, Infrastructure, and 
Technology'', $574,173,000; and ``U.S. Customs and Border 
Protection, Construction and Facilities Management'', 
$275,740,000.
  Sec. 2605.  Notwithstanding section 1101, the level for each 
of the following accounts shall be as follows: ``U.S. 
Immigration and Customs Enforcement, Salaries and Expenses'', 
$5,437,834,000; and ``U.S. Immigration and Customs Enforcement, 
Automation Modernization'', $84,700,000.
  Sec. 2606.  Notwithstanding section 1101, the level for each 
of the following accounts shall be as follows: ``Transportation 
Security Administration, Aviation Security'', $5,269,490,000, 
of which $320,000,000 shall be for the purchase and 
installation of explosives detection systems; ``Transportation 
Security Administration, Surface Transportation Security'', 
$137,558,000; and ``Transportation Security Administration, 
Federal Air Marshals'', $926,711,000: Provided, That in 
applying the second proviso under the Aviation Security heading 
with respect to amounts made available by this Act, ``9 
percent'' shall be substituted for ``28 percent'': Provided 
further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to the 
``Aviation Security'' appropriation as offsetting collections 
and shall be available only for aviation security: Provided 
further, That the sum appropriated under the Aviation Security 
heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during 
fiscal year 2011, so as to result in a final fiscal year 
appropriation from the general fund estimated at not more than 
$3,169,490,000.
  Sec. 2607.  Section 514 of Public Law 111-83 is amended to 
read as follows:
  ``Sec. 514. (a) The Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall work with air 
carriers and airports to ensure that screening (as that term is 
defined in section 44901(g)(5) of title 49, United States 
Code), increases incrementally each quarter until the 
requirement under section 44901(g)(2)(B) of such title is met.
  ``(b) Not later than 120 days after the end of each quarter, 
the Assistant Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
report on air cargo inspection statistics by airport and air 
carrier detailing the incremental progress being made to meet 
the requirement of section 44901(g)(2)(B) of title 49, United 
States Code.
  ``(c) Not later than 180 days after the date of the enactment 
of the Full-Year Continuing Appropriations Act, 2011, the 
Assistant Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, 
a report that either--
          ``(1) certifies that the requirement for screening 
        all air cargo on passenger aircraft by the deadline 
        under section 44901(g) of title 49, United States Code 
        has been met; or
          ``(2) includes a strategy to comply with the 
        requirements under section 44901(g) of title 49, United 
        States Code, including--
                  ``(A) a plan to meet the requirement under 
                section 44901(g) of title 49, United States 
                Code, to screen 100 percent of air cargo 
                transported on passenger aircraft arriving in 
                the United States in foreign air transportation 
                (as that term is defined in section 40102 of 
                that title); and
                  ``(B) specification of--
                          ``(i) the percentage of such air 
                        cargo that is being screened; and
                          ``(ii) the schedule for achieving 
                        screening of 100 percent of such air 
                        cargo.
  ``(d) The Assistant Secretary shall continue to submit 
reports described in subsection (c)(2) every 180 days 
thereafter until the Assistant Secretary certifies that the 
Transportation Security Administration has achieved screening 
of 100 percent of such air cargo.''.
  Sec. 2608. (a) Civil Penalties.--Section 46301(a)(5)(A)(i) of 
title 49, United States Code, is amended--
          (1) by striking ``or chapter 449'' and inserting 
        ``chapter 449''; and
          (2) by inserting ``, or section 46314(a)'' after 
        ``44909)''.
  (b) Criminal Penalties.--Section 46314(b) of title 49, United 
States Code, is amended to read as follows:
  ``(b) Criminal Penalty.--A person violating subsection (a) of 
this section shall be fined under title 18, imprisoned for not 
more than 10 years, or both.''.
  (c) Notice of Penalties.--Section 46314 of title 49, United 
States Code, is amended by adding at the end the following new 
subsection:
  ``(c) Notice of Penalties.--
          ``(1) In general.--Each operator of an airport in the 
        United States that is required to establish an air 
        transportation security program pursuant to section 
        44903(c) shall ensure that signs that meet such 
        requirements as the Secretary of Homeland Security may 
        prescribe providing notice of the penalties imposed 
        under sections 46301(a)(5)(A)(i) and subsection (b) of 
        this section, are displayed near all screening 
        locations, all locations where passengers exit the 
        sterile area, and such other locations at the airport 
        as the Secretary of Homeland Security determines 
        appropriate.
          ``(2) Effect of signs on penalties.--An individual 
        shall be subject to the penalty provided for under 
        section 46301(a)(5)(A)(i) and subsection (b) of this 
        section without regard to whether or not signs are 
        displayed at an airport as required by paragraph 
        (1).''.
  Sec. 2609.  Notwithstanding section 1101, the level for 
``Coast Guard, Operating Expenses'' shall be $6,913,113,000, of 
which $241,503,000 made available for overseas deployments and 
other activities is designated as an emergency requirement and 
necessary to meet emergency needs pursuant to sections 403(a) 
and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent 
resolution on the budget for fiscal year 2010: Provided, That 
the Coast Guard may decommission one Medium Endurance Cutter, 
two High Endurance Cutters, four HU-25 aircraft, the Maritime 
Intelligence Fusion Center, and one Maritime Safety and 
Security Team, and make staffing changes at the Coast Guard 
Investigative Service, as outlined in its budget justification 
documents for fiscal year 2011 as submitted to the Committees 
on Appropriations of the Senate and House of Representatives.
  Sec. 2610.  Notwithstanding section 1101, the level for 
``Coast Guard, Acquisition, Construction, and Improvements'' 
shall be $1,477,985,000, of which $2,000,000 shall be derived 
from the Coast Guard Housing Fund, established by section 687 
of title 14, United States Code, and shall remain available 
until expended for military family housing; of which 
$73,200,000 shall be for vessels, small boats, critical 
infrastructure and related equipment; of which $36,000,000 
shall be for other equipment; of which $69,200,000 shall be for 
shore facilities and aids to navigation facilities; of which 
$106,083,000 shall be available for personnel compensation and 
benefits and related costs; and of which $1,191,502,000 shall 
be for the Integrated Deepwater Systems program: Provided, That 
of the funds made available for the Integrated Deepwater 
Systems program, $103,000,000 is for aircraft and $933,002,000 
is for surface ships.
  Sec. 2611.  Notwithstanding section 1101, the level for 
``Coast Guard, Alteration of Bridges'' shall be $0.
  Sec. 2612. (a) Subject to subsection (b), for fiscal year 
2011, the Coast Guard may enter into agreements under section 
1535 of title 31, United States Code, with the Secretary of the 
Navy for the disposal of Coast Guard vessels in accordance with 
sections 7305 and 7305a of title 10, United States Code.
  (b) Any agreement entered into under subsection (a) shall be 
at no additional cost to the United States Navy.
  Sec. 2613.  In addition to amounts otherwise made available 
by this Act to ``United States Secret Service, Salaries and 
Expenses'', $14,000,000 is appropriated for costs associated 
with protection to be provided to candidates in the 2012 
presidential campaign and $7,000,000 is appropriated for costs 
associated with implementation of the United States Secret 
Service Uniformed Division Modernization Act of 2010 (Public 
Law 111-282).
  Sec. 2614.  Notwithstanding section 1101, the level for 
``National Protection and Programs Directorate, Infrastructure 
Protection and Information Security'' shall be $878,316,000.
  Sec. 2615.  Notwithstanding section 1101, the level for 
``United States Visitor and Immigrant Status Indicator 
Technology'' shall be $339,263,000.
  Sec. 2616.  Notwithstanding section 1101, the level for 
``Federal Emergency Management Agency, State and Local 
Programs'' shall be $2,913,058,000: Provided, That 4.5 percent 
of the amount provided shall be transferred to the Federal 
Emergency Management Agency ``Management and Administration'' 
account for program administration: Provided further, That 
paragraph (10) and subparagraphs (B) and (C) of paragraph (13) 
under the heading ``Federal Emergency Management Agency, State 
and Local Programs'' in Public Law 111-83 shall not apply to 
funds appropriated by this Act: Provided further, That 
$12,558,000 is available under paragraph (12) under such 
heading in such public law, to be competitively awarded.
  Sec. 2617.  Notwithstanding section 1101, in fiscal year 
2011, funds shall not be available from the National Flood 
Insurance Fund under section 1310 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4017) for operating expenses 
in excess of $110,000,000, and for agents' commissions and 
taxes in excess of $963,339,000: Provided, That notwithstanding 
section 1101, for activities under the National Flood Insurance 
Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster 
Protection Act of 1973 (42 U.S.C. 4001 et seq.), the level 
shall be $169,000,000, which shall be derived from offsetting 
collections assessed and collected under 1308(d) of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)), of 
which not to exceed $22,145,000 shall be available for salaries 
and expenses associated with flood mitigation and flood 
insurance operations; and not less than $146,855,000 shall be 
available for flood plain management and flood mapping, which 
shall remain available until September 30, 2012.
  Sec. 2618.  Notwithstanding the requirement under section 
34(a)(1)(A) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to 
increase the number of firefighters in fire departments, the 
Secretary of Homeland Security, in making grants under section 
34 of such Act using the funds appropriated for fiscal year 
2011, shall grant waivers from the requirements of subsections 
(a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section: 
Provided further, That section 34(a)(1)(E) of such Act shall 
not apply with respect to funds appropriated for fiscal year 
2011 for grants under section 34 of such Act: Provided further, 
That the Secretary of Homeland Security, in making grants under 
section 34 of such Act, shall ensure that funds appropriated 
for fiscal year 2011 are made available for the retention of 
firefighters.
  Sec. 2619.  Notwithstanding section 1101, the level for 
``Federal Emergency Management Agency, National Predisaster 
Mitigation Fund'' shall be $85,000,000.
  Sec. 2620.  Notwithstanding section 1101, the level for 
``Federal Emergency Management Agency, Disaster Relief'' shall 
be increased by $130,000,000.
  Sec. 2621.  Section 203 (m) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5133(m)) is amended by striking ``September 30, 2010'' and 
inserting ``September 30, 2011''.
  Sec. 2622.  Notwithstanding section 1101, the level for 
``United States Citizenship and Immigration Services'' shall be 
$306,400,000, of which $176,000,000 shall be for processing 
applications for asylum or refugee status, and of which 
$103,400,000 is for the E-Verify Program, as authorized by 
section 402 of the Illegal Immigration Reform and Immigrant 
Responsibility Act (8 U.S.C. 1324a note): Provided, That none 
of the funds made available in this section shall be available 
for development of the system commonly known as the ``REAL ID 
hub''.
  Sec. 2623.  Notwithstanding section 1101, the level for 
``Federal Law Enforcement Training Center, Acquisition, 
Construction, Improvements, and Related Expenses'' shall be 
$38,456,000.
  Sec. 2624.  Notwithstanding section 1101, the level for 
``Science and Technology, Research, Development, Acquisition, 
and Operations'' shall be $821,906,000: Provided, That the 
final proviso under this heading in Public Law 111-83 (related 
to the National Bio- and Agro-defense Facility) shall have no 
effect with respect to all amounts available under this 
heading.
  Sec. 2625.  Notwithstanding section 1101, the level for 
``Domestic Nuclear Detection Office, Research, Development, and 
Operations'' shall be $299,537,000.
  Sec. 2626.  Section 560 of Public Law 111-83 (123 Stat. 2181) 
is amended to read as follows:
  ``Sec. 560. (a) No funding provided in this or previous 
appropriations Acts shall be used for construction of the 
National Bio- and Agro-defense Facility in Manhattan, Kansas 
until--
          ``(1) the Department of Homeland Security has 
        completed 50 percent of National Bio- and Agro-defense 
        Facility design planning and submitted a revised site-
        specific biosafety and biosecurity mitigation risk 
        assessment that describes how to significantly reduce 
        risks of conducting essential research and diagnostic 
        testing at the National Bio- and Agro-defense Facility 
        and addresses shortcomings identified in the National 
        Academy of Sciences' evaluation of the initial site-
        specific biosafety and biosecurity mitigation risk 
        assessment; and
          ``(2) the National Academy of Sciences submits an 
        evaluation of the revised site-specific biosafety and 
        biosecurity mitigation risk assessment.
  ``(b) The revised site-specific biosafety and biosecurity 
mitigation risk assessment required by subsection (a) shall--
          ``(1) include a quantitative risk assessment for 
        foot-and-mouth disease virus, in particular 
        epidemiological and economic impact modeling to 
        determine the overall risk of operating the facility 
        for its expected 50-year life span, taking into account 
        strategies to mitigate risk of foot-and-mouth disease 
        virus release from the laboratory and ensure safe 
        operations at the approved National Bio- and Agro-
        defense Facility site;
          ``(2) address the impact of surveillance, response, 
        and mitigation plans (developed in consultation with 
        local, State, and national authorities and appropriate 
        stakeholders) if a release occurs, to detect and 
        control the spread of disease; and
          ``(3) include overall risks of the most dangerous 
        pathogens the Department of Homeland Security expects 
        to hold in the National Bio- and Agro-defense 
        Facility's biosafety level 4 facility, and 
        effectiveness of mitigation strategies to reduce those 
        risks.
  ``(c) The Secretary of Homeland Security shall enter into a 
contract with the National Academy of Sciences to evaluate the 
adequacy and validity of the risk assessment required by 
subsection (a). The National Academy of Sciences shall submit a 
report on such evaluation within 4 months after the date the 
Department of Homeland Security concludes its risk 
assessment.''.
  Sec. 2627.  From the unobligated balances for ``Operations'' 
of funds transferred to the Department of Homeland Security 
when it was created in 2003, $1,891,657 is rescinded.
  Sec. 2628.  From the unobligated balances available for prior 
fiscal years for ``U.S. Customs and Border Protection, 
Construction'' for construction projects, $99,772,000 is 
rescinded: Provided, That the amounts rescinded under this 
section shall be limited to amounts available for Border Patrol 
projects and facilities.
  Sec. 2629.  From the unobligated balances of funds for the 
``Violent Crime Reduction Program'' transferred to the 
Department of Homeland Security when it was established in 
2003, $4,912,245 is rescinded.
  Sec. 2630.  From the unobligated balances of prior year 
appropriations made available for ``U.S. Customs and Border 
Protection, Salaries and Expenses'' transferred to the 
Department of Homeland Security when it was established in 
2003, $18,122,393 is rescinded.
  Sec. 2631.  From the unobligated balances of prior year 
appropriations made available for ``Federal Emergency 
Management Agency, National Pre-Disaster Mitigation Fund'', 
$18,173,641 is rescinded.
  Sec. 2632.  From the unobligated balances of funds for the 
``Office for Domestic Preparedness'' transferred to the 
Department of Homeland Security when it was established, 
$10,568,964 is rescinded.
  Sec. 2633.  From unobligated balances of prior year 
appropriations made available for United States Citizenship and 
Immigration Services for the program commonly known as the 
``REAL ID hub'', $16,500,000 is rescinded.
  Sec. 2634.  From the unobligated balances of prior year 
appropriations made available for ``Science and Technology, 
Research, Development, Acquisition, and Operations'', 
$32,000,000 is rescinded.
  Sec. 2635.  From the unobligated balances of funds made 
available in the Department of the Treasury Forfeiture Fund 
established by section 9703 of title 31, United States Code, 
that was added to such title by section 638 of Public Law 102-
393, $22,600,000 is rescinded.
  Sec. 2636.  Section 550(b) of the Department of Homeland 
Security Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 
121 note), is amended by striking ``on October 4, 2010'' and 
inserting ``on October 4, 2011''.
  Sec. 2637.  Section 532(a) of Public Law 109-295 (120 Stat. 
1384), as amended by section 519 of Public Law 111-83 (123 Stat 
2171), is amended by striking ``2010'' and inserting ``2011''.
  Sec. 2638.  Section 831 of the Homeland Security Act of 2002 
(6 U.S.C. 391), as amended by section 531 of Public Law 111-83 
(123 Stat 2174), is amended--
          (1) in subsection (a), by striking ``Until September 
        30, 2010'' and inserting ``Until September 30, 2011,''; 
        and
          (2) in subsection (d)(1), by striking ``September 30, 
        2010,'' and inserting ``September 30, 2011,''.

         CHAPTER 7--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

  Sec. 2701.  Notwithstanding section 1101, the level for each 
of the following accounts shall be as follows: ``Bureau of Land 
Management, Management of Lands and Resources'', $971,306,000; 
``National Park Service, National Recreation and 
Preservation'', $62,586,000; ``Minerals Management Service, Oil 
Spill Research'', $11,768,000; ``Indian Health Service, Indian 
Health Facilities'', $443,320,000; ``Smithsonian Institution, 
Legacy Fund'', $0; ``Dwight D. Eisenhower Memorial Commission, 
Salaries and Expenses'', $0; and ``Dwight D. Eisenhower 
Memorial Commission, Capital Construction'', $0.
  Sec. 2702.  Notwithstanding any other provision of this Act, 
the funding level for ``National Park Service, Park Partnership 
Project Grants'' shall be $0 and the matter pertaining to such 
account in division A of Public Law 111-88 shall not apply to 
funds appropriated by this Act.
  Sec. 2703.  Notwithstanding section 1101, the last proviso 
under the heading ``National Park Service, Construction'' in 
division A of Public Law 111-88 shall not apply to funds 
appropriated by this Act.
  Sec. 2704.  Notwithstanding section 1101, the level for 
``United States Geological Survey, Surveys, Investigations, and 
Research'' shall be $1,125,090,000, of which $53,500,000 shall 
be for satellite operations, and of which $4,807,000 shall be 
for deferred maintenance and capital improvement projects that 
exceed $100,000 in cost.
  Sec. 2705.  Notwithstanding section 1101, the provisions 
under the heading ``Minerals Management Service, Royalty and 
Offshore Minerals Management'' in division A of Public Law 111-
88 shall be applied to funds appropriated by this Act as 
follows: by substituting ``$271,113,000'' for ``$175,217,000''; 
by substituting ``$113,174,000'' for ``$89,374,000''; by 
substituting ``$154,890,000'' for ``$156,730,000'' each place 
it appears; and by substituting ``fiscal year 2011'' for 
``fiscal year 2010'' each place it appears.
  Sec. 2706.  Notwithstanding section 1101, the provisions 
under the heading ``Bureau of Indian Affairs, Operation of 
Indian Programs'' in division A of Public Law 111-88 shall be 
applied to funds appropriated by this Act as follows: by 
substituting ``$2,355,965,000'' for ``$2,335,965,000''; by 
substituting ``$200,000,000'' for ``$166,000,000'' in the 
matter pertaining to contract support costs; by substituting 
``$85,000,000'' for ``$74,915,000'' in the matter pertaining to 
welfare assistance payments; by substituting ``$597,449,000'' 
for ``$568,702,000'' in the matter pertaining to school 
operations costs of Bureau-funded schools and other education 
programs; and by substituting ``$53,899,000'' for 
``$43,373,000'' in the matter pertaining to administrative cost 
grants for school operations.
  Sec. 2707.  The matter pertaining to Public Law 109-379 
(regarding the Isleta Pueblo settlement) under the heading 
``Bureau of Indian Affairs, Indian Land and Water Claim 
Settlements and Miscellaneous Payments to Indians'' in division 
A of Public Law 111-88 shall not apply to funds appropriated by 
this Act.
  Sec. 2708.  Notwithstanding section 1101, the level for 
``Environmental Protection Agency, Environmental Programs and 
Management'' shall be $2,840,779,000, of which $455,441,000 
shall be for the Geographic Programs specified in the 
explanatory statement accompanying Public Law 111-88, except 
that the funding level for the Great Lakes Restoration 
Initiative shall be $322,000,000.
  Sec. 2709.  Notwithstanding section 1101, the level for 
``Environmental Protection Agency, State and Tribal Assistance 
Grants'' shall be $4,813,446,000, of which $0 shall be for 
special project grants.
  Sec. 2710.  Notwithstanding section 1101, the amounts 
included under the heading ``Administrative Provisions, 
Environmental Protection Agency'' in division A of Public Law 
111-88 shall be applied to funds appropriated by this Act by 
substituting ``$322,000,000'' for ``$475,000,000''.
  Sec. 2711.  Of the unobligated balances available for 
``Environmental Protection Agency, State and Tribal Assistance 
Grants'', $10,000,000 is rescinded: Provided, That no amounts 
may be rescinded from amounts that were designated by Congress 
as an emergency requirement pursuant to a concurrent resolution 
on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.
  Sec. 2712.  Notwithstanding section 1101, the level for 
``Forest Service, National Forest System'' shall be 
$1,581,339,000, of which $30,000,000 shall be deposited in the 
Collaborative Forest Landscape Restoration Fund for ecological 
restoration treatments as authorized by 16 U.S.C. 7303(f).
  Sec. 2713.  Notwithstanding section 1101, the level for 
``Indian Health Service, Indian Health Services'' shall be 
$3,797,227,000, and the provisions under such heading shall be 
applied to funds appropriated by this Act by substituting 
``$816,759,000'' for ``$779,347,000'' in the matter pertaining 
to contract medical care; by substituting ``$404,332,000'' for 
``$398,490,000'' in the matter pertaining to contract support 
costs; and in section 409 of division A of Public Law 111-88 by 
substituting ``111-8, and 111-88'' for ``and 111-8'' and by 
substituting ``2010'' for ``2009''.
  Sec. 2714.  The matter pertaining to methyl isocyanate in the 
last proviso under the heading ``Chemical Safety and Hazard 
Investigation Board, Salaries and Expenses'' in division A of 
Public Law 111-88 shall not apply to funds appropriated by this 
Act.
  Sec. 2715.  Notwithstanding section 1101, the provisions 
under the heading ``National Gallery of Art, Repair, 
Restoration and Renovation of Buildings'' in division A of 
Public Law 111-88 shall be applied to funds appropriated by 
this Act by substituting ``$42,250,000'' for ``$40,000,000'' in 
the matter pertaining to repair of the National Gallery's East 
Building facade.
  Sec. 2716.  The first proviso under the heading ``John F. 
Kennedy Center for the Performing Arts, Operations and 
Maintenance'' in division A of Public Law 111-88 is amended by 
striking ``until expended'' and all that follows and inserting 
``until September 30, 2011.''.
  Sec. 2717.  The contract authority provided for fiscal year 
2011 for ``National Park Service, Land and Water Conservation 
Fund'' by 16 U.S.C. 460l-10a is rescinded.
  Sec. 2718. (a) Notwithstanding any other provision of this 
Act, the Secretary of the Interior may enter into multiyear 
cooperative agreements with nonprofit organizations and other 
appropriate entities, and may enter into multiyear contracts in 
accordance with the provisions of section 304B of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
254c) (except that the 5 year term restriction in subsection 
(d) shall not apply), for the long-term care and maintenance of 
excess wild free-roaming horses and burros by such 
organizations or entities on private land. Such cooperative 
agreements and contracts may not exceed 10 years, subject to 
renewal at the discretion of the Secretary.
  (b) During fiscal year 2011 and subsequent fiscal years, in 
carrying out work involving cooperation with any State or 
political subdivision thereof, the Bureau of Land Management 
may record obligations against accounts receivable from any 
such entities.
  Sec. 2719.  During fiscal year 2011, the Secretary of the 
Interior, in order to implement a reorganization of the Bureau 
of Ocean Energy Management, Regulation, and Enforcement, may 
establish accounts, transfer funds among and between the 
offices and bureaus affected by the reorganization, and take 
any other administrative actions necessary in conformance with 
the Appropriations Committee reprogramming procedures described 
in the joint explanatory statement of the managers accompanying 
Public Law 111-88.
  Sec. 2720.  Notwithstanding any other provision of this Act, 
during fiscal year 2011 and subsequent fiscal years, the 
Secretary of Agriculture, acting through the Forest Service, 
may carry out a program, to be known as the ``Legacy Road and 
Trail Remediation program'', to conduct urgently needed 
decommissioning of Forest Service roads, forest road and trail 
repair and maintenance and associated activities, and removal 
of fish passage barriers on National Forest System lands, 
especially in areas where Forest Service roads may be 
contributing to water quality problems in streams and water 
bodies supporting threatened, endangered, or sensitive species 
or community water sources.
  Sec. 2721.  Notwithstanding section 1101, section 423 of 
Public Law 111-88 (123 Stat. 2961), concerning the distribution 
of geothermal energy receipts, shall have no force or effect 
and the provisions of section 3003(a) of Public Law 111-212 
(124 Stat. 2338) shall apply for fiscal year 2011.
  Sec. 2722.  The authority provided by section 337 of the 
Department of the Interior and Related Agencies Appropriations 
Act, 2005 (Public Law 108-447; 118 Stat. 3102), as amended, 
shall remain in effect until the date specified in section 1106 
of this Act.
  Sec. 2723.  Section 433 of division A of Public Law 111-88 
(regarding Forest Service cabin user fees) is amended by 
striking ``2010'' and ``2009'' and inserting ``2011'' and 
``2010'', respectively.
  Sec. 2724.  Section 11(c)(1) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1340(c)(1)) is amended by striking 
``within thirty days'' and inserting ``within ninety days''.
  Sec. 2725.  Notwithstanding section 1101, the level for 
section 415 of division A of Public Law 111-88 shall be $0.
  Sec. 2726.  Within 30 days after the date of the enactment of 
this Act, each of the following departments and agencies shall 
submit to the House and Senate Committees on Appropriations a 
spending, expenditure, or operating plan for fiscal year 2011 
at a level of detail below the account level:
          (1) Department of Agriculture, Forest Service.
          (2) Department of the Interior.
          (3) Environmental Protection Agency.
          (4) Indian Health Service.
          (5) Smithsonian Institution.
          (6) National Gallery of Art.
          (7) National Endowment for the Arts.
          (8) National Endowment for the Humanities.
  Sec. 2727. (a) Modification.--
          (1) In General.--The first sentence of section 19 of 
        the Act of June 18, 1934 (commonly known as the 
        ``Indian Reorganization Act'') (25 U.S.C. 479), is 
        amended--
                  (A) by striking ``The term'' and inserting 
                ``Effective beginning on June 18, 1934, the 
                term''; and
                  (B) by striking ``any recognized Indian tribe 
                now under Federal jurisdiction'' and inserting 
                ``any federally recognized Indian tribe''.
          (2) Effective Date.--The amendments made by paragraph 
        (1) shall take effect as if included in the Act of June 
        18, 1934 (commonly known as the ``Indian Reorganization 
        Act'') (25 U.S.C. 479), on the date of enactment of 
        that Act.
  (b) Ratification and Confirmation of Actions.--Any action 
taken by the Secretary of the Interior pursuant to the Act of 
June 18, 1934 (commonly known as the ``Indian Reorganization 
Act'') (25 U.S.C. 461 et seq.) for any Indian tribe that was 
federally recognized on the date of the action is ratified and 
confirmed, to the extent such action is subjected to challenge 
based on whether the Indian tribe was federally recognized or 
under Federal jurisdiction on June 18, 1934, ratified and 
confirmed as fully to all intents and purposes as if the action 
had, by prior act of Congress, been specifically authorized and 
directed.
  (c) Effect on Other Laws.--
          (1) In general.--Nothing in this section or the 
        amendments made by this section affects--
                  (A) the application or effect of any Federal 
                law other than the Act of June 18, 1934 (25 
                U.S.C. 461 et seq.) (as amended by subsection 
                (a)); or
                  (B) any limitation on the authority of the 
                Secretary of the Interior under any Federal law 
                or regulation other than the Act of June 18, 
                1934 (25 U.S.C. 461 et seq.) (as so amended).
          (2) References in other laws.--An express reference 
        to the Act of June 18, 1934 (25 U.S.C. 461 et seq.) 
        contained in any other Federal law shall be considered 
        to be a reference to that Act as amended by subsection 
        (a).

  CHAPTER 8--LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED 
                                AGENCIES

  Sec. 2801. (a) Notwithstanding section 1101, the level for 
``Department of Labor, Employment and Training Administration, 
Training and Employment Services'' shall be $1,906,530,000 plus 
reimbursements, of which (1) $879,961,000 shall be available 
for obligation for the period July 1, 2011, through June 30, 
2012, of which $68,450,000 shall be available for pilots, 
demonstrations, and research activities; (2) $1,026,569,000 
shall be available for obligation for the period April 1, 2011, 
through June 30, 2012, for youth programs (including 
YouthBuild); and (3) no funds shall be available for the Career 
Pathways Innovation Fund.
  (b) Notwithstanding section 1101, the level for ``Department 
of Labor, Employment and Training Administration, Community 
Service Employment for Older Americans'' shall be $620,425,000, 
to remain available through June 30, 2012, and the first and 
second provisos under such heading in division D of Public Law 
111-117 shall not apply to funds appropriated by this Act.
  (c) Notwithstanding section 1101, the level which may be 
expended from the Employment Security Administration Account in 
the Unemployment Trust Fund for administrative expenses of 
``Department of Labor, Employment and Training Administration, 
State Unemployment Insurance and Employment Service 
Operations'' shall be $4,154,490,000 (which includes all 
amounts available to conduct in-person reemployment and 
eligibility assessments and unemployment insurance improper 
payment reviews), of which $3,375,645,000 shall be available 
for unemployment compensation State operations, $50,519,000 
shall be available for Federal administration of foreign labor 
certifications, and $15,129,000 shall be available for grants 
to States for the administration of such activities. For 
purposes of this section, the first proviso under such heading 
in division D of Public Law 111-117 shall be applied by 
substituting ``2011'' and ``6,051,000'' for ``2010'' and 
``5,059,000'', respectively.
  Sec. 2802.  Funds appropriated by section 1101 of this Act to 
the Department of Labor's Employment and Training 
Administration for technical assistance services to grantees 
may be transferred to ``Department of Labor, Employment and 
Training Administration, Program Administration'' if it is 
determined that those services will be more efficiently 
performed by Federal staff.
  Sec. 2803.  Notwithstanding section 1101, the level for 
``Department of Labor, Employee Benefits Security 
Administration, Salaries and Expenses'' shall be $164,861,000.
  Sec. 2804.  Notwithstanding section 1101, the level for 
``Department of Labor, Mine Safety and Health Administration, 
Salaries and Expenses'' shall be $381,493,000, of which up to 
$15,000,000 shall be available to the Secretary of Labor to be 
transferred to ``Departmental Management, Salaries and 
Expenses'' for activities related to the Department of Labor's 
caseload before the Federal Mine Safety and Health Review 
Commission and the amounts included under the heading 
``Department of Labor, Mine Safety and Health Administration, 
Salaries and Expenses'' in division D of Public Law 111-117 
shall be applied to funds appropriated in this Act during 
fiscal year 2011 by substituting ``$1,350,000'' for 
``$1,000,000''.
  Sec. 2805.  Funds appropriated by section 1101 of this Act 
for ``Department of Labor, Bureau of Labor Statistics, Salaries 
and Expenses'' may be obligated and expended to implement an 
alternative approach to the Locality Pay Survey component of 
the National Compensation Survey.
  Sec. 2806.  Notwithstanding section 1101, the level for 
``Department of Labor, Departmental Management, Office of Job 
Corps'' shall be $1,027,205,000 (which may be administered 
within the Employment and Training Administration pursuant to 
section 108 of division D of Public Law 111-117), of which 
$993,015,000 shall be available to meet the operational needs 
of Job Corps centers. Of appropriations made available in this 
Act for construction, rehabilitation, and acquisition of Job 
Corps centers, the Secretary of Labor may transfer up to 25 
percent to meet the operational needs of Job Corps centers.
  Sec. 2807. (a) Of the unobligated balances available in 
``Department of Labor, Working Capital Fund'', $3,900,000 is 
permanently rescinded, to be derived solely from amounts 
available in the Investment in Reinvention Fund (other than 
amounts that were designated by the Congress as an emergency 
requirement pursuant to a concurrent resolution on the budget 
or the Balanced Budget and Emergency Deficit Control Act of 
1985).
  (b) Public Law 85-67 is amended by striking the third proviso 
under the heading ``Working Capital Fund'' (as added by Public 
Law 104-134) and relating to establishment of an Investment in 
Reinvention Fund.
  Sec. 2808.  Notwithstanding section 102 of division D of 
Public Law 111-117, not to exceed 1 percent of any 
discretionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985) that are appropriated 
for the current fiscal year for the Department of Labor in this 
Act may be transferred among appropriations, but no such 
appropriation to which such funds are transferred may be 
increased by more than 3 percent by any such transfer: 
Provided, That the transfer authority granted by this section 
shall be available only to meet unanticipated needs and shall 
not be used to create any new program or to fund any project or 
activity for which no funds are provided in this Act: Provided 
further, That the Committees on Appropriations are notified at 
least 15 days in advance of any transfer.
  Sec. 2809. (a) Notwithstanding section 1101, the level for 
``Department of Health and Human Services, Health Resources and 
Services Administration, Health Resources and Services'' shall 
be $7,270,520,000, of which (1) not more than $100,000,000 
shall be available until expended for carrying out the 
provisions of Public Law 104-73 and for expenses incurred by 
the Department of Health and Human Services pertaining to 
administrative claims made under such law; (2) not less than 
$1,932,865,000 shall remain available through September 30, 
2013 for parts A and B of title XXVI of the Public Health 
Service Act (hereafter in this chapter,``PHS Act''), of which 
not less than $835,000,000 shall be for State AIDS Drug 
Assistance Programs under section 2616 of such Act; (3) in 
addition to amounts designated above to carry out parts A and B 
of title XXVI of the PHS Act, $60,000,000 shall be available 
through September 30, 2013, for allocation to State AIDS Drug 
Assistance Programs under section 2616 or section 311(c) of the 
PHS Act; and (4) not less than $612,954,000 shall be available 
for health professions programs under titles VII and VIII and 
section 340G of the PHS Act.
  (b) The eighteenth and nineteenth provisos under the heading 
``Department of Health and Human Services, Health Resources and 
Services Administration, Health Resources and Services'' in 
division D of Public Law 111-117 shall not apply to funds 
appropriated by this Act.
  (c) Sections 340G-1(d)(1) and (d)(2), 747(c)(2), and 
751(j)(2) of the PHS Act, and the proportional funding amounts 
in paragraphs (1) through (4) of section 756(e) of such Act 
shall not apply to funds made available in this Act for 
``Department of Health and Human Services, Health Resources and 
Services Administration, Health Resources and Services''.
  (d) For any program operating under section 751 of the PHS 
Act on or before January 1, 2009, the Secretary of Health and 
Human Services may waive any of the requirements contained in 
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act.
  Sec. 2810. (a) Notwithstanding section 1101, the level for 
the first paragraph under the heading ``Department of Health 
and Human Services; Centers for Disease Control and Prevention; 
Disease Control, Research, and Training'' shall be 
$6,251,352,000, of which (1) $150,137,000 shall be available 
until expended to provide screening and treatment for first 
response emergency services personnel, residents, students, and 
others related to the September 11, 2001 terrorist attacks on 
the World Trade Center; (2) $12,000,000 shall remain available 
until expended for acquisition of real property, equipment, 
construction, and renovation of facilities, including necessary 
repairs and improvements to laboratories leased or operated by 
the Centers for Disease Control and Prevention; and (3) 
$527,234,000 shall remain available until expended for the 
Strategic National Stockpile under section 319F-2 of the PHS 
Act.
  (b) Paragraphs (1) through (3) of section 2821(b) of the PHS 
Act shall not apply to funds made available in this Act.
  (c) Notwithstanding section 1101, funds appropriated for 
``Department of Health and Human Services; Centers for Disease 
Control and Prevention; Disease Control, Research, and 
Training'' shall also be available to carry out title II of the 
Immigration and Nationality Act and sections 4001, 4004, 4201, 
and 4301 of the Patient Protection and Affordable Care Act 
(Public Law 111-148).
  Sec. 2811.  Notwithstanding section 1101, the level for 
``Department of Health and Human Services, National Institutes 
of Health, National Institute of Allergy and Infectious 
Diseases'' shall be $4,818,275,000, and the requirement under 
such heading in division D of Public Law 111-117 for a transfer 
from Biodefense Countermeasures funds shall not apply.
  Sec. 2812.  Of the amount provided by section 1101 for 
``Department of Health and Human Services, National Institutes 
of Health, Office of the Director'' (including amounts 
available for the Common Fund and the Director's Discretionary 
Fund), up to $25,000,000 shall be available to implement the 
Cures Acceleration Network authorized by section 402C of the 
PHS Act.
  Sec. 2813. (a) Notwithstanding section 1101, the level for 
``Department of Health and Human Services, Substance Abuse and 
Mental Health Services Administration, Substance Abuse and 
Mental Health Services'' shall be $3,417,106,000.
  (b) The second proviso under the heading ``Department of 
Health and Human Services, Substance Abuse and Mental Health 
Services Administration, Substance Abuse and Mental Health 
Services'' in division D of Public Law 111-117 shall not apply 
to funds appropriated by this Act.
  Sec. 2814.  Notwithstanding section 1101, the level for 
amounts transferred from the Federal Hospital Insurance and 
Supplementary Medical Insurance Trust Funds for ``Department of 
Health and Human Services, Centers for Medicare and Medicaid 
Services, Program Management'' shall not exceed $3,623,113,000, 
of which $9,120,000 shall remain available through September 
30, 2012, for Medicare contracting reform activities.
  Sec. 2815.  Notwithstanding section 1101, the level for 
``Department of Health and Human Services, Centers for Medicare 
and Medicaid Services, Health Care Fraud and Abuse Control'' 
shall be $461,000,000 which shall remain available through 
September 30, 2012, of which (1) $274,640,000 shall be for the 
Medicare Integrity Program at the Centers for Medicare & 
Medicaid Services, including administrative costs, to conduct 
oversight activities for Medicare Advantage and the Medicare 
Prescription Drug Program authorized in title XVIII of the 
Social Security Act and for activities listed in section 1893 
of such Act; (2) $78,057,000 shall be for the Department of 
Health and Human Services Office of Inspector General to carry 
out fraud and abuse activities authorized by section 1817(k)(3) 
of such Act; (3) $34,400,000 shall be for the Medicaid and 
Children's Health Insurance Program (``CHIP'') program 
integrity activities; and (4) $73,903,000 shall be for the 
Department of Justice to carry out fraud and abuse activities 
authorized by section 1817(k)(3) of such Act.
  Sec. 2816.  Notwithstanding section 1101, the level for 
``Department of Health and Human Services, Administration for 
Children and Families, Payments to States for the Child Care 
and Development Block Grant'' shall be $2,501,081,000.
  Sec. 2817. (a) Notwithstanding section 1101, the level for 
``Department of Health and Human Services, Administration for 
Children and Families, Children and Families Services 
Programs'' shall be $9,643,532,000, of which--
          (1) $44,500,000 shall be for grants to States for 
        adoption incentive payments as authorized by section 
        473A of the Social Security Act;
          (2) $7,548,783,000 shall be for making payments under 
        the Head Start Act; and, for purposes of allocating 
        such funds under the Head Start Act, the term ``base 
        grant'' as used in subsection (a)(7)(A) of section 640 
        of such Act with respect to funding provided to a Head 
        Start agency (including each Early Head Start agency) 
        for fiscal year 2010 shall be deemed to include an 
        amount obtained by multiplying 50 percent of the funds 
        appropriated under ``Department of Health and Human 
        Services, Administration for Children and Families, 
        Children and Family Services Programs'' in Public Law 
        111-5 and provided to such agency for carrying out 
        expansion of Head Start programs, as that phrase is 
        used in subsection (a)(4)(D) of such section 640, and 
        provided to such agency as the ongoing funding level 
        for operations in the 12 month budget period beginning 
        in fiscal year 2010 (``expansion grants''), by a 
        fraction whose numerator is the number of children 
        actually enrolled in that agency's Head Start program 
        in slots funded by such expansion grants as of October 
        30, 2010, and whose denominator is the client 
        population number included in the obligating documents 
        for such expansion grants for that agency's Head Start 
        program for such budget period; and
          (3) $766,000,000 shall be for making payments under 
        the Community Service Block Grant (``CSBG'') Act and of 
        which $56,000,000 shall be for section 680(a)(2) of the 
        CSBG Act.
  (b) Notwithstanding section 611(d)(1) of title VI of division 
G of Public Law 110-161, the National Commission on Children 
and Disasters shall terminate on October 1, 2011.
  Sec. 2818. (a) Notwithstanding section 1101, funds 
appropriated for ``Department of Health and Human Services, 
Administration on Aging, Aging Services Programs'' shall also 
be available to carry out subtitle B of title XX of the Social 
Security Act and for necessary administrative expenses to carry 
out title XVII of the PHS Act.
  (b) Amounts otherwise available in this Act to carry out 
activities relating to Aging and Disability Resource Centers, 
under subsections (a)(20)(B)(iii) and (b)(8) of section 202 of 
the Older Americans Act of 1965, shall be reduced by any 
amounts made available for fiscal year 2011 for such purposes 
under section 2405 of the Patient Protection and Affordable 
Care Act.
  Sec. 2819.  The amounts included under the heading 
``Department of Health and Human Services, Office of the 
Secretary, General Departmental Management'' in division D of 
Public Law 111-117 shall be applied to funds appropriated by 
this Act by substituting ``$538,318,000'' for ``$493,377,000'' 
and such amounts shall also be available to carry out title 
XXVII of the PHS Act, the second proviso under such heading 
shall not apply, and none of the funds made available in this 
Act shall be for carrying out activities specified under 
section 2003(b)(2) or (3) of the PHS Act.
  Sec. 2820.  Notwithstanding section 1101, the level for 
``Department of Health and Human Services, Office of the 
Secretary, Office of Medicare Hearings and Appeals'' shall be 
$77,798,000.
  Sec. 2821.  Notwithstanding section 1101, the level for 
``Department of Health and Human Services, Office of the 
Secretary, Office of Inspector General'' shall be $60,754,000.
  Sec. 2822.  Notwithstanding section 1101, the level for 
``Department of Health and Human Services, Office of the 
Secretary, Office for Civil Rights'' (excluding amounts 
transferred from trust funds) shall be $41,068,000.
  Sec. 2823. (a) Notwithstanding section 1101, the level for 
``Department of Health and Human Services, Office of the 
Secretary, Public Health and Social Services and Emergency 
Fund'' shall be $1,134,303,000, of which (1) $403,194,000 shall 
remain available through September 30, 2012, to support 
advanced research and development pursuant to section 319L of 
the PHS Act and which shall be derived by transfer from funds 
transferred to ``Department of Health and Human Services, 
Office of the Secretary, Public Health and Social Services 
Emergency Fund'' by Public Law 111-117 in the fourth paragraph 
under such heading; (2) $78,167,000 shall be for expenses 
necessary to prepare for and respond to an influenza pandemic, 
none of which shall be available past September 30, 2011; and 
(3) $35,000,000 shall be for expenses necessary for fit-out and 
other costs related to a competitive lease procurement to 
renovate or replace the existing headquarters building for 
Public Health Service agencies and other components of the 
Department of Health and Human Services.
  (b) Of the amounts provided under the heading ``Department of 
Health and Human Services, Office of the Secretary, Public 
Health and Social Services Emergency Fund'' in Public Laws 111-
8 and 111-117 and available for expenses necessary to prepare 
for and respond to an influenza pandemic, $170,000,000 may also 
be used (1) to plan, conduct, and support research to advance 
regulatory science to improve the ability to determine safety, 
effectiveness, quality, and performance of medical 
countermeasure products against chemical, biological, 
radiological, and nuclear agents including influenza virus; and 
(2) to analyze, conduct, and improve regulatory review and 
compliance processes for such products.
  Sec. 2824. (a) Not later than 45 days after enactment of this 
Act, the Secretary of Health and Human Services shall transfer 
from ``Prevention and Public Health Fund''--
          (1) $20,000,000 to ``Health Resources and Services'' 
        for an additional amount to carry out sections 766, 
        767, 768, and 776 of the PHS Act;
          (2) $630,000,000 to ``Disease Control, Research, and 
        Training'' for an additional amount to carry out 
        sections 306, 317(k)(2)(A), 317G, 399U, 1706, and 2821 
        of the PHS Act; sections 4001, 4004, 4201, and 4301 of 
        the Patient Protection and Affordable Care Act; Public 
        Law 99-252; Public Law 98-474; the immunization program 
        under authority of section 317(a), (j), (k)(1), (l), 
        and (m) of the PHS Act; the Environmental Public Health 
        Tracking Program under authority of section 301 of the 
        PHS Act; the Racial and Ethnic Approaches to Community 
        Health program under authority of section 1703 of the 
        PHS Act; the activities of the Office of Smoking and 
        Health under authority of sections 317 and 1701 of the 
        PHS Act; and State grants for chronic disease 
        activities under section 317(k)(2)(B) of the PHS Act;
          (3) $88,000,000 to ``Substance Abuse and Mental 
        Health Services'' for an additional amount for suicide 
        prevention activities and to carry out sections 505, 
        509, and 520(k) of the PHS Act; and
          (4) $12,000,000 to ``Healthcare Research and 
        Quality'' for an additional amount to carry out 
        sections 902(a)(7) and 915(a) of the PHS Act.
  (b) Not later than 60 days after enactment of this Act, the 
Secretary of Health and Human Services shall submit an 
operating plan to the Committees on Appropriations detailing 
the amounts allocated to the programs identified in subsection 
(a).
  Sec. 2825.  Notwithstanding section 206 of division D of 
Public Law 111-117, not to exceed 1 percent of any 
discretionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985) that are appropriated by 
this Act for the current fiscal year for agencies of the 
Department of Health and Human Services for which funds were 
provided in such division may be transferred among 
appropriations, but no such appropriation to which such funds 
are transferred may be increased by more than 3 percent by any 
such transfer: Provided, That the transfer authority granted by 
this section shall be available only to meet unanticipated 
needs and shall not be used to create any new program or to 
fund any project or activity for which no funds are provided in 
this Act: Provided further, That the Committees on 
Appropriations are notified at least 15 days in advance of any 
transfer.
  Sec. 2826.  Hereafter, no funds appropriated in this or any 
previous or subsequent Act shall be subject to the allocation 
requirements of section 1707A(e) of the PHS Act.
  Sec. 2827.  Hereafter, no funds appropriated in this or any 
previous or subsequent Act shall be available for transfer 
under section 274 of the PHS Act.
  Sec. 2828.  Federal administrative costs for activities 
authorized subsequent to enactment of division D of Public Law 
111-117 may be funded from the relevant appropriations provided 
in this Act for administrative costs.
  Sec. 2829.  Notwithstanding section 1101, the level for 
``Department of Education, School Improvement Programs'' shall 
be $3,540,003,000, of which $3,358,993,000 shall become 
available on July 1, 2011, and remain available through 
September 30, 2012, and for purposes of this section, up to 
$11,500,000 of the funds available for the Foreign Language 
Assistance Program shall be available for activities described 
in the twelfth proviso under such heading in division D of 
Public Law 111-117.
  Sec. 2830. (a) Notwithstanding section 1101, the level for 
``Department of Education, Innovation and Improvement'' shall 
be $1,870,123,000, of which $602,628,000 shall be available to 
carry out part D of title V of the Elementary and Secondary 
Education Act of 1965, including up to $25,000,000 of such 
funds to remain available through September 30, 2012, and of 
which not more than $550,000,000 may be used to make awards to 
States under section 14006 of division A of Public Law 111-5 in 
accordance with the applicable requirements of that section.
  (b) The seventeenth and eighteenth provisos under the heading 
``Department of Education, Innovation and Improvement'' in 
division D of Public Law 111-117 shall not apply to funds 
appropriated by this Act.
  Sec. 2831.  Notwithstanding section 1101, the level for 
``Department of Education, Safe Schools and Citizenship 
Education'' shall be $384,841,000, of which (1) funds provided 
to carry out subpart 3 of part C of title II of the Elementary 
and Secondary Education Act of 1965 (``ESEA'') shall be 
available to the Secretary of Education for competitive grants 
to nonprofit organizations that have demonstrated effectiveness 
in the development and implementation of civic learning 
programs, with priority for those programs that demonstrate 
innovation, scalability, accountability, and a focus on 
underserved populations; and (2) no funds shall be available 
for activities authorized under subpart 3 of part D of title V 
of the ESEA.
  Sec. 2832.  Notwithstanding section 1101, the level for 
``Department of Education, Rehabilitation Services and 
Disability Research'' shall be $3,501,766,000.
  Sec. 2833.  Within the funds provided by section 1101 for 
``Department of Education, Special Institutions for Persons 
with Disabilities, National Technical Institute for the Deaf'', 
amounts designated for construction shall also be available for 
any other authorized purpose under such heading.
  Sec. 2834.  Notwithstanding section 1101, the level for 
``Department of Education; Career, Technical, and Adult 
Education'' shall be $1,200,447,000, of which $1,196,047,000 
shall become available on July 1, 2011, and shall remain 
available through September 30, 2012.
  Sec. 2835. (a) Notwithstanding section 1101, the level for 
``Department of Education, Student Financial Assistance'' shall 
be $24,963,809,000.
  (b) The maximum Pell Grant for which a student shall be 
eligible during award year 2011-2012 shall be $4,860.
  (c) Of the funds made available under section 401A(e)(1)(E) 
of the Higher Education Act of 1965, $597,000,000 is rescinded.
  Sec. 2836.  Notwithstanding sections 1101 and 1103, the level 
for ``Department of Education, Student Aid Administration'' 
shall be $994,000,000, which shall remain available through 
September 30, 2012.
  Sec. 2837.  Notwithstanding section 1101, the level for 
``Department of Education, Higher Education'' shall be 
$2,177,915,000.
  Sec. 2838.  Of the amount provided by section 1101 for 
``Department of Education, Institute of Education Sciences'' 
and notwithstanding subsections (d) and (e) of section 174 the 
Education Sciences Reform Act of 2002, $69,650,000 may be used 
to continue the contracts for the Regional Educational 
Laboratories for one additional year.
  Sec. 2839.  Notwithstanding section 1101, the level for 
``Department of Education, Departmental Management, Program 
Administration'' shall be $465,000,000, of which up to 
$17,000,000 shall remain available until expended for 
relocation of, and renovation of buildings occupied by, 
Department staff.
  Sec. 2840.  Notwithstanding section 1101, the level for 
``Corporation for National and Community Service, National 
Service Trust'' shall be $217,000,000.
  Sec. 2841.  Notwithstanding section 1101, the level for 
``Corporation for Public Broadcasting'' for fiscal year 2011 
shall be $36,000,000 and shall not be available for fiscal 
stabilization grants and the public radio interconnection 
system.
  Sec. 2842.  Notwithstanding section 1101, the level for 
``Federal Mine Safety and Health Review Commission, Salaries 
and Expenses'' shall be $15,706,000.
  Sec. 2843.  Notwithstanding section 1101, the level for 
``Institute of Museum and Library Services, Office of Museum 
and Library Services: Grants and Administration'' shall be 
$265,869,000.
  Sec. 2844.  Notwithstanding section 1101, the level for 
``Medicare Payment Advisory Commission, Salaries and Expenses'' 
shall be $12,850,000.
  Sec. 2845.  Notwithstanding section 1101, the level for 
``Railroad Retirement Board, Dual Benefits Payments Account'' 
shall be $57,000,000.
  Sec. 2846. (a) Notwithstanding section 1101, the level for 
``Social Security Administration, Payments to Social Security 
Trust Funds'' shall be $21,404,000, and in addition may be used 
to carry out section 217(g) of the Social Security Act.
  (b) Notwithstanding section 1101, the level for the first 
paragraph under the heading ``Social Security Administration, 
Limitation on Administrative Expenses'' shall be 
$11,240,500,000.
  (c) Notwithstanding section 1101, the level for the first 
paragraph under the heading ``Social Security Administration, 
Supplemental Security Income Program'' shall be 
$40,320,200,000, of which $3,587,200,000 shall be for 
administrative expenses.
  (d) Upon enactment of this Act, up to $325,000,000 of the 
remaining unobligated balances of funds appropriated for 
``Social Security Administration, Limitation on Administrative 
Expenses'' for fiscal years 2010 and prior years (other than 
funds appropriated in Public Law 111-5) shall be made part of 
and merged with other funds in such account available without 
fiscal year limitation for investment in information technology 
and telecommunications hardware and software infrastructure, 
and of such funds available without fiscal year limitation for 
investment in information technology and telecommunications 
hardware and software infrastructure $325,000,000 is rescinded.
  Sec. 2847.  Section 6402(f)(3)(C) of the Internal Revenue 
Code of 1986, as amended by section 801(a)(3)(C) of the Claims 
Resolution Act of 2010, is further amended by striking the word 
``not''.

                     CHAPTER 9--LEGISLATIVE BRANCH

  Sec. 2901.  Notwithstanding section 1101, the level for each 
of the following accounts of the Senate shall be as follows: 
``Salaries, Officers and Employees'', $185,982,000; ``Salaries, 
Officers and Employees, Office of the Sergeant at Arms and 
Doorkeeper'', $77,000,000; ``Contingent Expenses of the Senate, 
Secretary of the Senate'', $6,200,000; and ``Contingent 
Expenses of the Senate, Sergeant at Arms and Doorkeeper of the 
Senate'', $142,401,000.
  Sec. 2902.  Section 8 of the Legislative Branch 
Appropriations Act, 1990 (31 U.S.C. 1535 note) is amended by 
striking paragraph (3) and inserting the following: ``(3) 
Agreement under paragraph (1) shall be in accordance with 
regulations prescribed by the Committee on Rules and 
Administration of the Senate.''.
  Sec. 2903.  Notwithstanding section 1101, the level for 
``House of Representatives, Salaries and Expenses'' shall be 
$1,371,172,000, to be allocated in accordance with an 
allocation plan submitted by the Chief Administrative Officer 
of the House of Representatives and approved by the Committee 
on Appropriations of the House of Representatives.
  Sec. 2904.  Notwithstanding section 1101, the level for each 
of the following accounts of the Capitol Police shall be as 
follows: ``Salaries'', $279,224,000, of which $1,945,000 shall 
remain available until September 30, 2014; and ``General 
Expenses'', $57,985,000.
  Sec. 2905. (a) Notwithstanding section 1018(d) of the 
Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907(d)), 
the use of any funds appropriated to the United States Capitol 
Police during fiscal year 2003 for transfer relating to the 
Truck Interdiction Monitoring Program to the working capital 
fund established under section 328 of title 49, United States 
Code, is ratified.
  (b) Nothing in subsection (a) may be construed to waive 
sections 1341, 1342, 1349, 1350, or 1351 of title 31, United 
States Code, or subchapter II of chapter 15 of such title 
(commonly known as the ``Anti-Deficiency Act'').
  Sec. 2906.  Notwithstanding section 1101, the level for 
``Congressional Budget Office, Salaries and Expenses'' shall be 
$46,905,000.
  Sec. 2907.  Notwithstanding section 1101, the level for each 
of the following accounts of the Architect of the Capitol shall 
be as follows: ``General Administration'', $109,294,000, of 
which $7,499,000 shall remain available until September 30, 
2015; ``Capitol Building'', $54,616,000, of which $27,226,000 
shall remain available until September 30, 2015; ``Capitol 
Grounds'', $9,988,000; ``Senate Office Buildings'', 
$81,112,000, of which $19,474,000 shall remain available until 
September 30, 2015; ``House Office Buildings'', $75,619,000, of 
which $25,323,000 shall remain available until September 30, 
2015; ``Capitol Power Plant'', $109,069,000, of which 
$15,100,000 shall remain available until September 30, 2015; 
``Library Buildings and Grounds'', $44,396,000, of which 
$17,457,000 shall remain available until September 30, 2015; 
``Capitol Police Buildings, Grounds and Security'', 
$26,266,000, of which $6,436,000 shall remain available until 
September 30, 2015; ``Botanic Garden'', $13,834,000, of which 
$1,505,000 shall remain available until September 30, 2015; and 
``Capitol Visitor Center'', $22,771,000. In addition, 
notwithstanding section 1101, $40,000,000, to remain available 
until expended, shall be available under ``Architect of the 
Capitol, House Office Buildings'' for a payment to the House 
Historic Buildings Revitalization Trust Fund.
  Sec. 2908. (a) Notwithstanding section 1101, the level for 
``Government Accountability Office, Salaries and Expenses'' 
shall be $558,430,000.
  (b) Notwithstanding section 1101, the amount applicable under 
the first proviso under the heading ``Government Accountability 
Office, Salaries and Expenses'' in the Legislative Branch 
Appropriations Act, 2010 (Public Law 111-68) shall be 
$9,400,000, the amount applicable under the second proviso 
under such heading shall be $3,100,000, and the amount 
applicable under the third proviso under such heading shall be 
$7,000,000.

   CHAPTER 10--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED 
                                AGENCIES

  Sec. 3001.  Notwithstanding section 1101, the level for each 
of the following accounts of the Department of Defense for 
projects and activities included in the most recently submitted 
future years defense program or that are necessary to support 
overseas contingency operations shall be as follows: ``Military 
Construction, Army'', $4,885,000,000; ``Military Construction, 
Navy and Marine Corps'', $3,517,000,000; ``Military 
Construction, Air Force'', $1,592,000,000; ``Military 
Construction, Defense-Wide'', $3,095,000,000; ``Military 
Construction, Army National Guard'', $874,000,000; ``Military 
Construction, Air National Guard'', $177,000,000; ``Military 
Construction, Army Reserve'', $318,000,000; ``Military 
Construction, Navy Reserve'', $62,000,000; ``Military 
Construction, Air Force Reserve'', $8,000,000; ``Family Housing 
Construction, Army'', $92,000,000; ``Family Housing 
Construction, Navy and Marine Corps'', $186,000,000; ``Family 
Housing Construction, Air Force'', $78,000,000; and ``Family 
Housing Construction, Defense-Wide'', $0. Within 45 days of the 
enactment of this section, the Department of Defense shall 
submit a project-level expenditure plan for fiscal year 2011 
for the accounts funded in this section.
  Sec. 3002.  Notwithstanding section 1111, of the total amount 
specified in section 3001 for ``Military Construction, Army'', 
``Military Construction, Air Force'', and ``Military 
Construction, Defense-Wide'', $1,257,000,000 for Overseas 
Deployments and Other Activities is designated as an emergency 
requirement and necessary to meet emergency needs pursuant to 
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), 
the concurrent resolution on the budget for fiscal year 2010.
  Sec. 3003.  Notwithstanding section 1101, the level for each 
of the following accounts of the Department of Defense for 
projects and activities authorized by law shall be as follows: 
``North Atlantic Treaty Organization Security Investment 
Program'', $259,000,000; ``Homeowners Assistance Fund'', 
$17,000,000; ``Chemical Demilitarization Construction, Defense-
Wide'', $125,000,000; ``Department of Defense Base Closure 
Account 1990'', $360,000,000; and ``Department of Defense Base 
Closure Account 2005'', $2,354,000,000.
  Sec. 3004.  Notwithstanding any other provision of this Act, 
the following provisions included in title I of division E of 
Public Law 111-117 shall not apply to funds appropriated by 
this Act: the first, second, and last provisos, and the set-
aside of $350,000,000, under the heading ``Military 
Construction, Army''; the first and last provisos under the 
heading ``Military Construction, Navy and Marine Corps''; the 
first, second, and last provisos under the heading ``Military 
Construction, Air Force''; the second, third, fourth, and last 
provisos under the heading ``Military Construction, Defense-
Wide''; the first, second, and last provisos, and the set-aside 
of $30,000,000, under the heading ``Military Construction, Army 
National Guard''; the first, second, and last provisos, and the 
set-aside of $30,000,000, under the heading ``Military 
Construction, Air National Guard''; the first, second, and last 
provisos, and the set-aside of $30,000,000, under the heading 
``Military Construction, Army Reserve''; the first, second, and 
last provisos, the set-aside of $20,000,000, and the set-aside 
of $35,000,000, under the heading ``Military Construction, Navy 
Reserve''; the first, second, and last provisos, and the set-
aside of $55,000,000, under the heading ``Military 
Construction, Air Force Reserve''; the proviso under the 
heading ``Family Housing Construction, Army''; the proviso 
under the heading ``Family Housing Construction, Navy and 
Marine Corps''; the proviso under the heading ``Family Housing 
Construction, Air Force''; the proviso under the heading 
``Family Housing Construction, Defense-Wide''; and the proviso 
under the heading ``Chemical Demilitarization Construction, 
Defense-Wide''.
  Sec. 3005.  Section 129 of division E of Public Law 111-117 
shall not apply in fiscal year 2011.
  Sec. 3006.  Notwithstanding any other provision of this Act, 
the following provisions included in title IV of division E of 
Public Law 111-117 shall not apply to funds appropriated by 
this Act: the proviso under ``Military Construction, Army''; 
and the proviso under ``Military Construction, Air Force''.
  Sec. 3007.  Notwithstanding any other provision of law, funds 
made available to the Department of Defense by this chapter may 
be obligated and expended to carry out planning and design and 
military construction projects not otherwise authorized by law.
  Sec. 3008.  Notwithstanding any other provision of law, funds 
made available to ``North Atlantic Treaty Organization Security 
Investment Program'' by this chapter may be obligated and 
expended for purposes of section 2806 of title 10, United 
States Code, and sections 2501 and 2502 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84).
  Sec. 3009.  Notwithstanding section 1101, the level for 
``Department of Veterans Affairs, Departmental Administration, 
General Operating Expenses'' shall be $2,546,276,000, of which 
not less than $2,148,776,000 shall be for the Veterans Benefits 
Administration.
  Sec. 3010.  Notwithstanding section 1101, the level for 
``Department of Veterans Affairs, Departmental Administration, 
Information Technology Systems'' shall be $3,162,501,000.
  Sec. 3011.  Notwithstanding section 1101, the level for 
``Department of Veterans Affairs, Departmental Administration, 
Construction, Major Projects'' shall be $1,151,036,000. Within 
30 days of the enactment of this section, the Department shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate a spending plan for fiscal year 
2011 at a level of detail below the account level.
  Sec. 3012.  Notwithstanding section 1101, the level for 
``Department of Veterans Affairs, Departmental Administration, 
Construction, Minor Projects'' shall be $467,700,000.
  Sec. 3013.  Notwithstanding section 1101, the level for 
``Department of Veterans Affairs, Departmental Administration, 
Grants for Construction of State Extended Care Facilities'' 
shall be $85,000,000.
  Sec. 3014.  Notwithstanding any other provision in this Act, 
sections 230, 231, and 232 of division E of Public Law 111-117 
shall not apply in fiscal year 2011.
  Sec. 3015.  Notwithstanding section 1101, the level for 
``Department of Defense--Civil, Cemeterial Expenses, Army, 
Salaries and Expenses'', shall be $50,340,000.
  Sec. 3016.  Notwithstanding section 1101, the level for 
``Armed Forces Retirement Home, Trust Fund'', shall be 
$71,200,000, of which $2,000,000 shall be for renovation of 
physical plants.
  Sec. 3017. (a) Of the funds appropriated in division E of 
Public Law 111-117, the following amounts which became 
available on October 1, 2010, are hereby rescinded from the 
following accounts of the Department of Veterans Affairs in the 
amounts specified: ``Medical services'', $1,015,000,000; 
``Medical support and compliance'', $145,000,000; and ``Medical 
facilities'', $145,000,000.
  (b) An additional amount is appropriated to the following 
accounts of the Department of Veterans Affairs in the amounts 
specified, to remain available until September 30, 2012: 
``Medical services'', $1,015,000,000; ``Medical support and 
compliance'', $145,000,000; and ``Medical facilities'', 
$145,000,000.
  Sec. 3018.  Amounts provided to the Department of Veterans 
Affairs for ``Medical services'', ``Medical support and 
compliance'', ``Medical facilities'', ``Construction, minor 
projects'', and ``Information technology systems'' for fiscal 
year 2011 shall be available, through the date specified by 
section 1106 of this Act: (1) for transfer to the Joint 
Department of Defense-Department of Veterans Affairs Medical 
Facility Demonstration Fund, established by section 1704 of 
Public Law 111-84, and (2) for operations of the integrated 
Captain James A. Lovell Federal Health Care Center, consisting 
of the North Chicago Veteran Affairs Medical Center, and Navy 
Ambulatory Care Center, and supporting facilities designated as 
a combined Federal medical facility as described by section 706 
of Public Law 110-417.
  Sec. 3019.  Such sums as may be deposited to the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United 
States Code, for health care provided at the Captain James A. 
Lovell Federal Health Care Center shall also be available: (1) 
for transfer to the Joint Department of Defense-Department of 
Veterans Affairs Medical Facility Demonstration Fund, 
established by section 1704 of Public Law 111-84, and (2) for 
operations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Veteran 
Affairs Medical Center and Navy Ambulatory Care Center, and 
supporting facilities designated as a combined Federal medical 
facility as described by section 706 of Public Law 110-417.

      CHAPTER 11--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

  Sec. 3101.  For purposes of this chapter, the term ``division 
F of Public Law 111-117'' means the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 
2010 (division F of Public Law 111-117).
  Sec. 3102.  Notwithstanding section 1101, the level for each 
of the following accounts shall be as follows: ``Administration 
of Foreign Affairs, Diplomatic and Consular Programs'', 
$8,971,529,000; ``Administration of Foreign Affairs, Civilian 
Stabilization Initiative'', $35,000,000; ``International 
Organizations, Contributions to International Organizations'', 
$1,575,430,000; ``International Organizations, Contributions 
for International Peacekeeping Activities'', $2,105,000,000; 
``International Commissions, International Boundary and Water 
Commission, United States and Mexico, Construction'', 
$26,900,000; ``International Commissions, International 
Fisheries Commissions'', $51,000,000; ``Related Agency, 
Broadcasting Board of Governors, Broadcasting Capital 
Improvements'', $6,875,000; ``Related Programs, United States 
Institute of Peace'', $44,050,000, which shall not be used for 
construction activities; ``United States Agency for 
International Development, Funds Appropriated to the President, 
Civilian Stabilization Initiative'', $15,000,000; ``United 
States Agency for International Development, Funds Appropriated 
to the President, Capital Investment Fund'', $173,000,000; 
``Bilateral Economic Assistance, Funds Appropriated to the 
President, International Fund for Ireland'', $15,000,000; 
``Bilateral Economic Assistance, Funds Appropriated to the 
President, Democracy Fund'', $115,000,000, of which $68,500,000 
shall be made available for the Human Rights and Democracy Fund 
of the Bureau of Democracy, Human Rights and Labor, Department 
of State, and $46,500,000 shall be made available for the 
Office of Democracy and Governance of the Bureau for Democracy, 
Conflict, and Humanitarian Assistance, United States Agency for 
International Development; ``Bilateral Economic Assistance, 
Funds Appropriated to the President, Assistance for Europe, 
Eurasia and Central Asia'', $709,000,000; ``Bilateral Economic 
Assistance, Department of the Treasury, Debt Restructuring'', 
$56,000,000; ``Multilateral Assistance, Funds Appropriated to 
the President, International Development Association'', 
$1,235,000,000; ``Multilateral Assistance, Funds Appropriated 
to the President, Contribution to the Inter-American 
Development Bank'', $21,000,000; ``Multilateral Assistance, 
Funds Appropriated to the President, Contribution to the 
African Development Fund'', $150,000,000; ``International 
Security Assistance, Department of State, Nonproliferation, 
Anti-terrorism, Demining and Related Programs'', $740,000,000; 
``International Security Assistance, Department of State, 
Peacekeeping Operations'', $305,000,000; ``International 
Security Assistance, Funds Appropriated to the President, 
International Military Education and Training'', $107,000,000; 
``International Security Assistance, Funds Appropriated to the 
President, Pakistan Counterinsurgency Capability Fund'', 
$700,000,000, which shall remain available until September 30, 
2012, and shall be available to the Secretary of State under 
the terms and conditions provided for this Fund in Public Law 
111-32 and Public Law 111-212; and ``International Security 
Assistance, Funds Appropriated to the President, Foreign 
Military Financing Program'', $5,440,000,000, of which not less 
than $3,000,000,000 shall be available for grants only for 
Israel and $1,300,000,000 shall be available for grants only 
for Egypt and $300,000,000 shall be available for assistance 
for Jordan: Provided, That the dollar amount in the fourth 
proviso under the heading ``International Security Assistance, 
Funds Appropriated to the President, Foreign Military Financing 
Program'' in division F of Public Law 111-117 shall be deemed 
to be $789,000,000 for the purpose of applying funds 
appropriated under such heading by this Act.
  Sec. 3103.  Notwithstanding section 1101, the dollar amount 
in the seventh proviso under the heading ``Bilateral Economic 
Assistance, Funds Appropriated to the President, Economic 
Support Fund'' in division F of Public Law 111-117 shall be 
deemed to be $200,000,000 for the purpose of applying funds 
appropriated under such heading by this Act: Provided, That the 
ninth through the fourteenth provisos under the heading 
``Bilateral Economic Assistance, Funds Appropriated to the 
President, Economic Support Fund'' in division F of Public Law 
111-117 shall not apply to assistance for Afghanistan under 
this Act: Provided further, That the dollar amount in section 
7042(f)(1) in division F of Public Law 111-117 shall be deemed 
to be $550,400,000.
  Sec. 3104.  Notwithstanding section 1101, the level for each 
of the following accounts shall be $0: ``Administration of 
Foreign Affairs, Buying Power Maintenance Account'' and 
``Multilateral Assistance, Funds Appropriated to the President, 
Contribution to the Asian Development Fund''.
  Sec. 3105. (a) In addition to amounts otherwise made 
available in this Act, $12,000,000 is appropriated for 
``Bilateral Economic Assistance, Funds Appropriated to the 
President, Economic Support Fund'' for activities specified in 
section 7071(j) of division F of Public Law 111-117.
  (b) For purposes of the amount made available by this Act for 
``Export-Import Bank of the United States, Administrative 
Expenses'', project specific transaction costs, including 
direct and indirect costs incurred in claims settlements, and 
other costs for systems infrastructure directly supporting 
transactions, shall not be considered administrative expenses.
  (c) Of the unobligated balances available from funds 
appropriated under the heading ``Export and Investment 
Assistance, Export-Import Bank of the United States, Subsidy 
Appropriation'' in the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2009 (division H, 
Public Law 111-8) and under such heading in prior Acts making 
appropriations for the Department of State, foreign operations, 
and related programs, $160,000,000 is rescinded.
  Sec. 3106. (a) Notwithstanding any other provision of this 
Act, the dollar amounts under paragraphs (1) through (4) under 
the heading ``Administration of Foreign Affairs, Diplomatic and 
Consular Programs'' in division F of Public Law 111-117 shall 
not apply to funds appropriated by this Act: Provided, That the 
dollar amounts to be derived from fees collected under 
paragraph (5)(A) under such heading shall be ``$1,702,904'' and 
``$505,000'', respectively.
  (b) Notwithstanding any other provision of this Act, the 
following provisions in division F of Public Law 111-117 shall 
not apply to funds appropriated by this Act:
          (1) Section 7034(l).
          (2) Section 7042(a), (b)(1), (c), and (d)(1).
          (3) In section 7045:
                  (A) The first sentence of subsection (c).
                  (B) The first sentence of subsection (e)(1).
                  (C) The first sentence of subsection (f).
                  (D) Subsection (h).
          (4) Section 7070(b).
          (5) The third proviso under the heading 
        ``Administration of Foreign Affairs, Civilian 
        Stabilization Initiative''.
          (6) The fourth proviso under the heading ``Bilateral 
        Economic Assistance, Funds Appropriated to the 
        President, Assistance for Europe, Eurasia and Central 
        Asia''.
  Sec. 3107. (a) Section 1115(d) of Public Law 111-32 is 
amended by striking ``October 1, 2010'' and inserting ``October 
1, 2011''.
  (b) Section 824(g)(2)(A) of the Foreign Service Act of 1980 
(22 U.S.C. 4064(g)(2)(A)) is amended by striking ``October 1, 
2010'' and inserting ``October 1, 2011''.
  (c) Section 61(a)(2) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2733(a)(2)) is amended by 
striking ``October 1, 2010'' and inserting ``October 1, 2011''.
  (d) Section 625(j)(1)(B) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2385(j)(1)(B)) is amended by striking ``October 
1, 2010'' and inserting ``October 1, 2011''.
  (e) Section 1(b)(2) of the Passport Act of June 4, 1920 (22 
U.S.C. 214(b)(2)) is amended by striking ``September 30, 2010'' 
and inserting ``September 30, 2011''.
  (f) The authority provided by section 1334 of the Foreign 
Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) 
shall remain in effect until September 30, 2011.
  (g) Section 404(b)(2)(B)(vi) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e 
note) is amended by striking ``calendar year 2010,'' and 
inserting ``calendar years 2010 and 2011,''.
  (h) The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167) is 
amended--
          (1) in section 599D (8 U.S.C. 1157 note)--
                  (A) in subsection (b)(3), by striking ``and 
                2010'' and inserting ``2010, and 2011''; and
                  (B) in subsection (e), by striking ``2010'' 
                each place it appears and inserting ``2011''; 
                and
          (2) in section 599E (8 U.S.C. 1255 note) in 
        subsection (b)(2), by striking ``2010'' and inserting 
        ``2011''.
  Sec. 3108. (a) The second proviso under the heading 
``International Security Assistance, Department of State, 
Peacekeeping Operations'' in division F of Public Law 111-117 
shall be applied by substituting the following: ``Provided 
further, That up to $55,918,000 may be used to pay assessed 
expenses of international peacekeeping activities in Somalia, 
except that up to an additional $35,000,000 may be made 
available for such purpose subject to prior consultation with, 
and the regular notification procedures of, the Committees on 
Appropriations:''.
  (b) Section 7034 of division F of Public Law 111-117 shall be 
applied to funds appropriated by this Act by--
          (1) substituting $75,000,000 for the dollar amount in 
        subsection (j); and
          (2) substituting $20,000,000 for the dollar amount in 
        subsection (m)(5).
  (c) Section 7043 of division F of Public Law 111-117 shall be 
applied to funds appropriated by this Act by substituting the 
following for subsection (b):
  ``(b) Limitation.--None of the funds appropriated or 
otherwise made available in title VI of this Act under the 
heading `Export-Import Bank of the United States' may be used 
by the Export-Import Bank of the United States to provide any 
new financing (including loans, guarantees, other credits, 
insurance, and reinsurance) to any person that is subject to 
sanctions under paragraph (2) or (3) of section 5(a) of the 
Iran Sanctions Act of 1996 (Public Law 104-172).''.
  (d) Section 7045(b) of division F of Public Law 111-117 shall 
be applied to funds appropriated by this Act by substituting 
the following for paragraph (2):
          ``(2) Of the funds appropriated under the heading 
        `Debt Restructuring' in this Act, up to $36,000,000 may 
        be made available for the United States share of an 
        increase in the resources of the Fund for Special 
        Operations of the Inter-American Development Bank in 
        furtherance of providing debt relief to Haiti in view 
        of the Cancun Declaration of March 21, 2010.''.
  (e)(1) Section 7046(a) of division F of Public Law 111-117 
shall be applied to funds appropriated by this Act by 
substituting ``$453,995,000'' for the dollar amount.
  (2) The dollar amount in the sixteenth proviso under the 
heading ``Bilateral Economic Assistance, Funds Appropriated to 
the President, Economic Support Fund'' in division F of Public 
Law 111-117 shall be deemed to be ``$195,000,000''.
  (3) The dollar amount in the seventh proviso of the first 
paragraph under the heading ``International Security 
Assistance, Funds Appropriated to the President, Foreign 
Military Financing Program'' in division F of Public Law 111-
117 shall be deemed to be ``$44,500,000'' for the purpose of 
applying funds appropriated under such headings by this Act.
  (f) The second proviso of section 7081(d) of division F of 
Public Law 111-117 is amended to read as follows: ``: Provided 
further, That funds appropriated under title III of this Act 
for tropical forest programs shall be used for purposes 
including to implement and enforce section 8204 of Public Law 
110-246, shall not be used to support or promote the expansion 
of industrial scale logging into primary tropical forests, and 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations''.
  Sec. 3109. (a) Subsections (b) through (e) of this section 
shall apply to funds appropriated by this Act in lieu of 
section 7076 of division F of Public Law 111-117.
  (b) Limitation.--None of the funds appropriated or otherwise 
made available by this Act under the headings ``Economic 
Support Fund'' and ``International Narcotics Control and Law 
Enforcement'' may be obligated for assistance for Afghanistan 
until the Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development (USAID), certifies and reports to the Committees on 
Appropriations that--
          (1) The Government of Afghanistan is--
                  (A) demonstrating a commitment to reduce 
                corruption and improve governance, including by 
                investigating, prosecuting, sanctioning and/or 
                removing corrupt officials from office and to 
                implement financial transparency and 
                accountability measures for government 
                institutions and officials (including the 
                Central Bank) as well as to conduct oversight 
                of public resources;
                  (B) taking significant steps to facilitate 
                active public participation in governance and 
                oversight; and
                  (C) taking credible steps to protect the 
                internationally recognized human rights of 
                Afghan women.
          (2) There is a unified United States Government anti-
        corruption strategy for Afghanistan that is adequately 
        funded, and is being implemented in conjunction with 
        relevant Afghan authorities.
          (3) Funds will be programmed to support and 
        strengthen the capacity of Afghan public and private 
        institutions and entities to reduce corruption and to 
        improve transparency and accountability of national, 
        provincial and local governments, such as--
                  (A) the High Office of Oversight;
                  (B) the Control and Audit Office;
                  (C) the Afghan Criminal Justice Task Force;
                  (D) the Afghan Judicial Security Unit;
                  (E) the Anti-Corruption Tribunal, and the 
                Attorney General's Anti-Corruption Unit;
                  (F) the training and mentoring of judicial 
                personnel;
                  (G) the training and mentoring of Afghan 
                Government personnel in financial management, 
                budgeting, and independent oversight of public 
                funds; and
                  (H) Afghan civil society organizations and 
                media institutions that play an important role 
                in government oversight.
          (4) Representatives of Afghan national, provincial or 
        local governments, local communities and civil society 
        organizations, as appropriate, will be consulted and 
        participate in the design of programs, projects, and 
        activities, including participation in implementation 
        and oversight, and the development of specific 
        benchmarks to measure progress and outcomes.
          (5) Funds will be used to train and deploy additional 
        United States Government direct-hire personnel to 
        improve monitoring and control of assistance to ensure 
        that funds are used for the intended purpose and do not 
        support illicit and/or corrupt activities.
          (6) A framework and methodology is being utilized to 
        assess national, provincial, local and sector level 
        fiduciary risks relating to public financial management 
        of United States Government assistance.
  (c) Direct Government-to-government Assistance.--
          (1) Funds appropriated or otherwise made available by 
        this Act for assistance for Afghanistan may not be made 
        available for direct government-to-government 
        assistance unless the Secretary of State certifies to 
        the Committees on Appropriations that the relevant 
        Afghan implementing agency has been assessed and 
        considered qualified to manage such funds and the 
        Government of the United States and the Government of 
        Afghanistan have agreed, in writing, to clear and 
        achievable goals and objectives for the use of such 
        funds, and have established mechanisms within each 
        implementing agency to ensure that such funds are used 
        for the purposes for which they were intended: 
        Provided, That the Secretary of State should suspend 
        any direct government-to-government assistance to an 
        implementing agency if the Secretary has credible 
        information of misuse of such funds by any such agency: 
        Provided further, That any such assistance shall be 
        subject to prior consultation with, and the regular 
        notification procedures of, the Committees on 
        Appropriations.
          (2) Funds appropriated or otherwise made available by 
        this Act for assistance for Afghanistan may be made 
        available as a United States contribution to the 
        Afghanistan Reconstruction Trust Fund (ARTF) unless the 
        Secretary of State determines and reports to the 
        Committees on Appropriations that the World Bank 
        Monitoring Agent of the ARTF is unable to conduct its 
        financial control and audit responsibilities due to 
        restrictions on security personnel by the Government of 
        Afghanistan.
  (d) Assistance for Operations.--
          (1) Funds appropriated under the headings ``Economic 
        Support Fund'' and ``International Narcotics Control 
        and Law Enforcement'' in this Act that are available 
        for assistance for Afghanistan--
                  (A) shall be made available, to the maximum 
                extent practicable, in a manner that emphasizes 
                the participation of Afghan women, and directly 
                improves the security, economic and social 
                well-being, and political status, and protects 
                the rights of, Afghan women and girls and 
                complies with sections 7062 and 7063 of 
                division F of Public Law 111-117, including 
                support for the Afghan Independent Human Rights 
                Commission, the Afghan Ministry of Women's 
                Affairs, and women-led nongovernmental 
                organizations;
                  (B) may be made available for a United States 
                contribution to an internationally-managed fund 
                to support the reconciliation with and 
                disarmament, demobilization and reintegration 
                into Afghan society of former combatants who 
                have renounced violence against the Government 
                of Afghanistan: Provided, That funds may be 
                made available to support reconciliation and 
                reintegration activities only if--
                          (i) Afghan women are participating at 
                        national, provincial and local levels 
                        of government in the design, policy 
                        formulation and implementation of the 
                        reconciliation or reintegration 
                        process, and such process upholds steps 
                        taken by the Government of Afghanistan 
                        to protect the internationally 
                        recognized human rights of Afghan 
                        women; and
                          (ii) such funds will not be used to 
                        support any pardon or immunity from 
                        prosecution, or any position in the 
                        Government of Afghanistan or security 
                        forces, for any leader of an armed 
                        group responsible for crimes against 
                        humanity, war crimes, or other 
                        violations of internationally 
                        recognized human rights.
                  (C) may be made available for a United States 
                contribution to the North Atlantic Treaty 
                Organization/International Security Assistance 
                Force Post-Operations Humanitarian Relief Fund; 
                and
                  (D) should be made available, notwithstanding 
                any provision of law that restricts assistance 
                to foreign countries, for cross border 
                stabilization and development programs between 
                Afghanistan and Pakistan or between either 
                country and the Central Asian republics.
          (2) Programs and activities funded under titles III 
        and IV of this Act that provide training for foreign 
        police, judicial, and military personnel shall address, 
        where appropriate, gender-based violence.
          (3) The authority contained in section 1102(c) of 
        Public Law 111-32 shall continue in effect during 
        fiscal year 2011 and shall apply as if included in this 
        Act.
          (4) The Coordinator for Rule of Law at the United 
        States Embassy in Kabul, Afghanistan shall be consulted 
        on the use of all funds appropriated by this Act for 
        rule of law programs in Afghanistan.
          (5) None of the funds made available by this Act may 
        be used by the United States Government to enter into a 
        permanent basing rights agreement between the United 
        States and Afghanistan.
          (6) The Secretary of State, after consultation with 
        the USAID Administrator, shall submit to the Committees 
        on Appropriations not later than 45 days after 
        enactment of this Act, and prior to the initial 
        obligation of funds, a detailed spending plan for 
        assistance for Afghanistan which shall include clear 
        and achievable goals, benchmarks for measuring 
        progress, and expected results: Provided, That such 
        plan shall not be considered as meeting the 
        notification requirements under section 7015 of 
        division F of Public Law 111-117 or under section 634A 
        of the Foreign Assistance Act of 1961.
          (7) Any significant modification to the scope, 
        objectives, or implementation mechanisms of United 
        States assistance programs in Afghanistan shall be 
        subject to prior consultation with, and the regular 
        notification procedures of, the Committees on 
        Appropriations, except that the prior consultation 
        requirement may be waived in a manner consistent with 
        section 7015(e) of division F of Public Law 111-117.
  (e) Oversight.--
          (1) The Special Inspector General for Afghanistan 
        Reconstruction, the Inspector General of the Department 
        of State and the Inspector General of USAID, shall 
        jointly develop and submit to the Committees on 
        Appropriations within 45 days of enactment of this Act 
        a coordinated audit and inspection plan of United 
        States assistance for, and civilian operations in, 
        Afghanistan.
          (2) Of the funds appropriated in this Act under the 
        heading ``Economic Support Fund'' for assistance for 
        Afghanistan, $3,000,000 shall be transferred to, and 
        merged with, funds made available under the heading 
        ``Office of Inspector General'' in title I of this Act, 
        for increased oversight of programs in Afghanistan and 
        shall be in addition to funds otherwise available for 
        such purposes: Provided, That $1,500,000 shall be for 
        the Special Inspector General for Afghanistan 
        Reconstruction.
          (3) Of the funds appropriated in this Act under the 
        heading ``Economic Support Fund'' for assistance for 
        Afghanistan, $1,500,000 shall be transferred to, and 
        merged with, funds appropriated under the heading 
        ``Office of Inspector General'' in title II of this Act 
        for increased oversight of programs in Afghanistan and 
        shall be in addition to funds otherwise available for 
        such purposes.
  (f) Modification to Prior Provisions.--
          (1) Section 1004(c)(1)(C) of Public Law 111-212 is 
        amended to read as follows:
          ``(C) taking credible steps to protect the 
        internationally recognized human rights of Afghan 
        women.''.
          (2) Section 1004(d)(l) of Public Law 111-212 is 
        amended to read as follows:
          ``(1) Afghan women are participating at national, 
        provincial and local levels of government in the 
        design, policy formulation and implementation of the 
        reconciliation or reintegration process, and such 
        process upholds steps taken by the Government of 
        Afghanistan to protect the internationally recognized 
        human rights of Afghan women; and''.
          (3) Section 1004(e)(1) of Public Law 111-212 is 
        amended to read as follows:.
          ``(1) based on information available to the 
        Secretary, the Independent Electoral Commission has no 
        members or other employees who participated in, or 
        helped to cover up, acts of fraud in the 2009 
        presidential election in Afghanistan, and the Electoral 
        Complaints Commission is a genuinely independent body 
        with all the authorities that were invested in it under 
        Afghan law as of December 31, 2009; and''.
  Sec. 3110.  In addition to amounts otherwise made available 
by this Act, $100,000,000, to remain available until expended, 
is appropriated for payment as a contribution to a global food 
security fund by the Secretary of the Treasury.
  Sec. 3111. (a) Contribution to the Asian Development Bank.--
In addition to amounts otherwise made available by this Act, 
$106,586,000, to remain available until expended, is 
appropriated for payment to the Asian Development Bank by the 
Secretary of the Treasury for the United States share of the 
paid-in portion of the increase in capital stock.
  (b) Limitation on Callable Capital Subscriptions.--The United 
States Governor of the Asian Development Bank may subscribe 
without fiscal year limitation to the callable capital portion 
of the United States share of such capital stock in an amount 
not to exceed $2,558,048,769.
  (c) Amendment.--The Asian Development Bank Act (22 U.S.C. 285 
et seq.), is amended by adding at the end the following:

                         ``NINTH REPLENISHMENT

  ``Sec. 33.  (a) The United States Governor of the Bank is 
authorized to contribute, on behalf of the United States, 
$461,000,000 to the ninth replenishment of the resources of the 
Fund, subject to obtaining the necessary appropriations.
  ``(b) In order to pay for the United States contribution 
provided for in subsection (a), there are authorized to be 
appropriated, without fiscal year limitation, $461,000,000 for 
payment by the Secretary of the Treasury.

                        ``FIFTH CAPITAL INCREASE

  ``Sec. 34.  (a) Subscription Authorized.
          ``(1) The United States Governor of the Bank may 
        subscribe on behalf of the United States to 1,104,420 
        additional shares of the capital stock of the Bank.
          ``(2) Any subscription by the United States to 
        capital stock of the Bank shall be effective only to 
        such extent or in such amounts as are provided in 
        advance in appropriations Acts.
  ``(b) Authorization of Appropriations--
          ``(1) In order to pay for the increase in the United 
        States subscription to the Bank provided for in 
        subsection (a), there are authorized to be 
        appropriated, without fiscal year limitation, 
        $13,323,173,083, for payment by the Secretary of the 
        Treasury.
          ``(2) Of the amount authorized to be appropriated 
        under paragraph (1)--
                  ``(A) $532,929,240 is authorized to be 
                appropriated for paid in shares of the Bank; 
                and
                  ``(B) $12,790,243,843 is authorized to be 
                appropriated for callable shares of the Bank, 
                for payment by the Secretary of the 
                Treasury.''.

  CHAPTER 12--TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND 
                            RELATED AGENCIES

  Sec. 3201.  Notwithstanding section 1101, the level for 
``Department of Transportation, Federal Aviation 
Administration, Operations'' shall be $9,542,983,000, of which 
$4,559,000,000 shall be derived from the Airport and Airway 
Trust Fund, of which no less than $7,473,299,000 shall be for 
air traffic organization activities; no less than 
$1,253,020,000 shall be for aviation regulation and 
certification activities; not to exceed $15,237,000 shall be 
available for commercial space transportation activities; not 
to exceed $113,681,000 shall be available for financial 
services activities; not to exceed $100,428,000 shall be 
available for human resources program activities; not to exceed 
$341,977,000 shall be available for region and center 
operations and regional coordination activities; not to exceed 
$196,063,000 shall be available for staff offices; and not to 
exceed $49,278,000 shall be available for information services.
  Sec. 3202.  The amounts included under the heading 
``Department of Transportation, Federal Aviation 
Administration, Grants-in-Aid for Airports (Liquidation of 
Contract Authorization)'' in division A of Public Law 111-117 
shall be applied to funds appropriated by this Act by 
substituting ``$3,550,000,000'' for ``$3,000,000,000''.
  Sec. 3203.  Notwithstanding section 1101, the level for 
``Department of Transportation, Federal Highway Administration, 
Surface Transportation Priorities'' shall be $0.
  Sec. 3204.  Notwithstanding section 1101, no funds are 
provided for activities described in section 122 of title I of 
division A of Public Law 111-117.
  Sec. 3205.  Of the amount made available for ``Department of 
Transportation, Motor Carrier Safety Grants, (Liquidation of 
Contract Authorization), (Limitation on Obligations), (Highway 
Trust Fund)'' for the commercial driver's license information 
system modernization program, $3,000,000 shall be made 
available for audits of new entrant motor carriers to carry out 
section 4107(b) of Public Law 109-59, and 31104(a) of title 49, 
United States Code, and $5,000,000 shall be made available for 
the commercial driver's license improvements program to carry 
out section 31313 of title 49, United States Code.
  Sec. 3206.  Notwithstanding section 1101, the level for 
``Department of Transportation, Federal Railroad 
Administration, Safety and Operations'' shall be $176,950,000.
  Sec. 3207.  Notwithstanding section 1101, the level for 
``Department of Transportation, Federal Railroad 
Administration, Capital Assistance for High Speed Rail 
Corridors and Intercity Passenger Rail Service'' shall be 
$1,000,000,000.
  Sec. 3208.  Notwithstanding section 1101, the level for 
``Department of Transportation, Maritime Administration, 
Operations and Training'' shall be $155,750,000, of which 
$11,240,000 shall remain available until expended for 
maintenance and repair of training ships at State Maritime 
Academies, and of which $15,000,000 shall remain available 
until expended for capital improvements at the United States 
Merchant Marine Academy, of which $59,057,000 shall be 
available for operations at the United States Merchant Marine 
Academy, and of which $6,000,000 shall remain available until 
expended for the Secretary's reimbursement of overcharged 
midshipmen fees for academic years 2003-2004 through 2008-2009 
and such action shall be final and conclusive.
  Sec. 3209.  Notwithstanding section 1101, the level for each 
of the following accounts under the heading ``Department of 
Transportation, Pipeline and Hazardous Materials Safety 
Administration'' shall be as follows: ``Operational Expenses 
(Pipeline Safety Fund)'', $21,496,000; ``Hazardous Materials 
Safety'', $39,098,000, of which $1,699,000 shall remain 
available until September 30, 2013; and ``Pipeline Safety 
(Pipeline Safety Fund) (Oil Spill Liability Trust Fund)'', 
$106,919,000, of which $18,905,000 shall be derived from the 
Oil Spill Liability Trust Fund and shall remain available until 
September 30, 2013, and of which $88,014,000 shall be derived 
from the Pipeline Safety Fund, of which $47,332,000 shall 
remain available until September 30, 2013.
  Sec. 3210.  Notwithstanding section 1101, section 186 of 
title I of division A of Public Law 111-117 shall not apply to 
fiscal year 2011.
  Sec. 3211.  Notwithstanding section 1101, the level for 
``Department of Housing and Urban Development, Personnel 
Compensation and Benefits, Housing'' shall be $390,885,000.
  Sec. 3212.  Notwithstanding section 1101, the level for 
``Department of Housing and Urban Development, Personnel 
Compensation and Benefits, Office of the Government National 
Mortgage Association'' shall be $14,000,000.
  Sec. 3213.  Notwithstanding section 1101, the level for 
``Department of Housing and Urban Development, Public and 
Indian Housing, Tenant-Based Rental Assistance'' shall be 
$14,863,998,000, to remain available until expended, shall be 
available on October 1, 2010 (in addition to the $4,000,000,000 
previously appropriated under such heading that will become 
available on October 1, 2010), and notwithstanding section 
1109, an additional $4,000,000,000, to remain available until 
expended, shall be available on October 1, 2011: Provided, That 
of the amounts available for such heading, $16,993,998,000 
shall be for activities specified in paragraph (1) and 
$145,000,000 shall be for activities specified in paragraph (2) 
under such heading of division A of Public Law 111-117: 
Provided further, That of the amounts made available for 
activities under paragraph (2) under such heading of division A 
of Public Law 111-117, $25,000,000 shall be available to 
provide tenant protection assistance, not otherwise provided 
under this paragraph, to residents residing in low-vacancy 
areas and who may have to pay rents greater than 30 percent of 
household income, as the result of (1) the maturity of a HUD-
insured, HUD-held or section 202 loan that requires the 
permission of the Secretary prior to loan payment, (2) the 
expiration of a rental assistance contract for which the 
tenants are not eligible for enhanced voucher or tenant 
protection assistance under existing law, or (3) the expiration 
of affordability restrictions accompanying a mortgage or 
preservation program administered by the Secretary: Provided 
further, That such tenant protection assistance made available 
under the previous proviso may be provided under the authority 
of section 8(t) of the United States Housing Act of 1937 (42 
U.S.C. 1937f(t)): Provided further, That the Secretary shall 
issue guidance to implement the previous two provisos, 
including but not limited to requirements for defining eligible 
at-risk households, within 120 days of the enactment of this 
Act.
  Sec. 3214.  The seventh proviso in paragraph (1) under the 
heading ``Department of Housing and Urban Development, Public 
and Indian Housing, Tenant-Based Rental Assistance'' in 
division A of Public Law 111-117 shall be applied in fiscal 
year 2011 by inserting before the colon at the end the 
following: ``; (5) for one-time adjustments of renewal funding 
for public housing agencies in receivership with approved 
fungibility plans for calendar year 2009 as authorized in 
section 11003 of the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009 (Public Law 
110-329); or (6) to adjust allocations for public housing 
agencies to prevent termination of assistance to families 
receiving assistance under the disaster voucher program, as 
authorized by chapter 9 of title I of division B of Public Law 
109-148 under the heading `Tenant-Based Rental Assistance'''.
  Sec. 3215.  Notwithstanding section 1101, the level for 
``Department of Housing and Urban Development, Community 
Planning and Development, Community Development Fund'' shall be 
$4,255,000,000, of which $3,990,000,000 shall be for carrying 
out the community development block grant program under title I 
of the Housing and Community Development Act of 1974, as 
amended: Provided, That none of the funds made available by 
this section for such account may be used for grants for the 
Economic Development Initiative or Neighborhood Initiatives 
activities.
  Sec. 3216.  Notwithstanding section 1101, the level for 
``Department of Housing and Urban Development, Community 
Planning and Development, Homeless Assistance Grants'' shall be 
$2,055,000,000.
  Sec. 3217.  Notwithstanding section 1101, the level for 
``Department of Housing and Urban Development, Housing 
Programs, Project-Based Rental Assistance'' shall be 
$8,882,328,000, to remain available until expended, shall be 
available on October 1, 2010 (in addition to the $393,672,000 
previously appropriated under such heading that became 
available on October 1, 2010), and, notwithstanding section 
1109, an additional $400,000,000, to remain available until 
expended, shall be available on October 1, 2011: Provided, That 
of the amounts available for such heading, $8,950,000,000 shall 
be for activities specified in paragraph (1) under such heading 
of division A of Public Law 111-117 and $326,000,000 shall be 
available for activities specified in paragraph (2) under such 
heading in such public law.
  Sec. 3218.  Notwithstanding section 1101, the level for 
``Department of Housing and Urban Development, Housing 
Programs, Energy Innovation Fund'' shall be $0.
  Sec. 3219.  The heading ``Department of Housing and Urban 
Development, Housing Program, Other Assisted Housing Programs, 
Rental Housing Assistance'' shall be applied by inserting ``, 
or extensions of up to one year for expiring contracts,'' after 
``for amendments to contracts''.
  Sec. 3220.  Notwithstanding section 1101, the level under the 
heading ``Department of Housing and Urban Development, Housing 
Programs, Rent Supplement (Rescission)'' shall be $40,060,000.
  Sec. 3221.  Notwithstanding section 1101, the level for 
``Department of Housing and Urban Development, Federal Housing 
Administration, Mutual Mortgage Insurance Program Account'' for 
administrative contract expenses shall be $221,125,000.
  Sec. 3222.  The first proviso in the first paragraph under 
the heading ``Department of Housing and Urban Development, 
Federal Housing Administration, General and Special Risk 
Program Account'' in division A of Public Law 111-117 shall be 
applied in fiscal year 2011 by substituting `$20,000,000,000' 
for `$15,000,000,000'.
  Sec. 3223.  Notwithstanding section 1101, the level for 
``Department of Housing and Urban Development, Management and 
Administration, Working Capital Fund'' shall be $228,500,000.
  Sec. 3224.  Notwithstanding section 1101, the level for 
``Related Agencies, National Railroad Passenger Corporation, 
Office of Inspector General, Salaries and Expenses'' shall be 
$19,496,000.
  Sec. 3225.  Notwithstanding section 1101, the level under the 
heading ``Related Agencies, United States Interagency Council 
on Homelessness, Operating Expenses'' shall be $3,930,000.
  Sec. 3226.  Section 209 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11319) is repealed.
  Sec. 3227.  Unobligated balances of funds made available for 
obligation under 23 U.S.C. 320, section 147 of Public Law 95-
599, section 9(c) of Public Law 97-134, section 149 of Public 
Law 100-17, and sections 1006, 1069, 1103, 1104, 1105, 1106, 
1107, 1108, 6005, 6015, and 6023 of Public Law 102-240 are 
permanently rescinded. In addition, the unobligated balance 
available on September 30, 2011, under section 1602 of the 
Transportation Equity Act for the 21st Century (Public Law 105-
178) for each project for which less than 10 percent of the 
amount authorized for such project under such section has been 
obligated is permanently rescinded. In addition, of the amounts 
authorized for fiscal years 2005 through 2009 in section 
1101(a)(16) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (Public Law 109-
59) to carry out the high priority projects program under 
section 117 of title 23, United States Code, that are not 
allocated for projects described in section 1702 of such Act, 
$8,190,335 are permanently rescinded.

              DIVISION B--SURFACE TRANSPORTATION EXTENSION

SEC. 4001. SHORT TITLE; RECONCILIATION OF FUNDS.

  (a) Short Title.--This division may be cited as the ``Surface 
Transportation Extension Act of 2010, Part II''.
  (b) Reconciliation of Funds.--The Secretary of Transportation 
shall reduce the amount apportioned or allocated for a program, 
project, or activity under this division in fiscal year 2011 by 
amounts apportioned or allocated pursuant to the Surface 
Transportation Extension Act of 2010 for the period beginning 
on October 1, 2010, and ending on December 31, 2010.

                     TITLE I--FEDERAL-AID HIGHWAYS

SEC. 4101. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

  (a) In General.--Section 411 of the Surface Transportation 
Extension Act of 2010 (Public Law 111-147; 124 Stat. 78) is 
amended--
          (1) by striking ``the period beginning on October 1, 
        2010, and ending on December 31, 2010'' each place it 
        appears (except in subsection (c)(2)) and inserting 
        ``fiscal year 2011'';
          (2) in subsection (a) by striking ``December 31, 
        2010'' and inserting ``September 30, 2011'';
          (3) in subsection (b)(2) by striking ``\1/4 \of'';
          (4) in subsection (c)--
                  (A) in paragraph (2)--
                          (i) by striking ``\1/4 \of''; and
                          (ii) by striking ``the period 
                        beginning on October 1, 2010, and 
                        ending on December 31, 2010,'' and 
                        inserting ``fiscal year 2011'';
                  (B) in paragraph (4)--
                          (i) in subparagraph (A)(ii) by 
                        striking ``, except that during such 
                        period obligations subject to such 
                        limitation shall not exceed \1/4\ of 
                        the limitation on obligations included 
                        in an Act making appropriations for 
                        fiscal year 2011''; and
                          (ii) in subparagraph (B)(ii)(II) by 
                        striking ``$159,750,000'' and inserting 
                        ``$639,000,000''; and
                  (C) by striking paragraph (5);
          (5) in subsection (d)--
                  (A) by striking ``\1/4\ of'' each place it 
                appears; and
                  (B) in paragraph (2)(A)--
                          (i) in the matter preceding clause 
                        (i) by striking ``apportioned under 
                        sections 104(b) and 144 of title 23, 
                        United States Code,'' and inserting 
                        ``specified in section 105(a)(2) of 
                        title 23, United States Code (except 
                        the high priority projects program),''; 
                        and
                          (ii) in clause (ii) by striking 
                        ``apportioned under such sections of 
                        such Code'' and inserting ``specified 
                        in such section 105(a)(2) (except the 
                        high priority projects program)''; and
          (6) in subsection (e)(1)(B) by striking ``\1/4\''.
  (b) Administrative Expenses.--Section 412(a)(2) of the 
Surface Transportation Extension Act of 2010 (Public Law 111-
147; 124 Stat. 83) is amended--
          (1) by striking ``$105,606,250'' and inserting 
        ``$422,425,000''; and
          (2) by striking ``the period beginning on October 1, 
        2010, and ending on December 31, 2010'' and inserting 
        ``fiscal year 2011''.

TITLE II--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, FEDERAL MOTOR 
         CARRIER SAFETY ADMINISTRATION, AND ADDITIONAL PROGRAMS

SEC. 4201. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
                    HIGHWAY SAFETY PROGRAMS.

  (a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1) of 
SAFETEA-LU (119 Stat. 1519) is amended by striking ``and 
$58,750,000 for the period beginning on October 1, 2010, and 
ending on December 31, 2010.'' and inserting ``and $235,000,000 
for fiscal year 2011.''.
  (b) Highway Safety Research and Development.--Section 
2001(a)(2) of SAFETEA-LU (119 Stat. 1519) is amended by 
striking ``and $27,061,000 for the period beginning on October 
1, 2010, and ending on December 31, 2010.'' and inserting ``and 
$108,244,000 for fiscal year 2011.''.
  (c) Occupant Protection Incentive Grants.--Section 2001(a)(3) 
of SAFETEA-LU (119 Stat. 1519) is amended by striking ``and 
$6,250,000 for the period beginning on October 1, 2010, and 
ending on December 31, 2010.'' and inserting ``and $25,000,000 
for fiscal year 2011.''.
  (d) Safety Belt Performance Grants.--Section 2001(a)(4) of 
SAFETEA-LU (119 Stat. 1519) is amended by striking ``and 
$31,125,000 for the period beginning on October 1, 2010, and 
ending on December 31, 2010.'' and inserting ``and $124,500,000 
for fiscal year 2011.''.
  (e) State Traffic Safety Information System Improvements.--
Section 2001(a)(5) of SAFETEA-LU (119 Stat. 1519) is amended by 
striking ``and $8,625,000 for the period beginning on October 
1, 2010, and ending on December 31, 2010.'' and inserting ``and 
$34,500,000 for fiscal year 2011.''.
  (f) Alcohol-impaired Driving Countermeasures Incentive Grant 
Program.--Section 2001(a)(6) of SAFETEA-LU (119 Stat. 1519) is 
amended by striking ``and $34,750,000 for the period beginning 
on October 1, 2010, and ending on December 31, 2010.'' and 
inserting ``and $139,000,000 for fiscal year 2011.''.
  (g) National Driver Register.--Section 2001(a)(7) of SAFETEA-
LU (119 Stat. 1520) is amended by striking ``and $1,029,000 for 
the period beginning on October 1, 2010, and ending on December 
31, 2010.'' and inserting ``and $4,116,000 for fiscal year 
2011.''.
  (h) High Visibility Enforcement Program.--Section 2001(a)(8) 
of SAFETEA-LU (119 Stat. 1520) is amended by striking ``and 
$7,250,000 for the period beginning on October 1, 2010, and 
ending on December 31, 2010.'' and inserting ``and $29,000,000 
for fiscal year 2011.''.
  (i) Motorcyclist Safety.--Section 2001(a)(9) of SAFETEA-LU 
(119 Stat. 1520) is amended by striking ``and $1,750,000 for 
the period beginning on October 1, 2010, and ending on December 
31, 2010.'' and inserting ``and $7,000,000 for fiscal year 
2011.''.
  (j) Child Safety and Child Booster Seat Safety Incentive 
Grants.--Section 2001(a)(10) of SAFETEA-LU (119 Stat. 1520) is 
amended by striking ``and $1,750,000 for the period beginning 
on October 1, 2010, and ending on December 31, 2010.'' and 
inserting ``and $7,000,000 for fiscal year 2011.''.
  (k) Administrative Expenses.--Section 2001(a)(11) of SAFETEA-
LU (119 Stat. 1520) is amended by striking ``and $6,332,000 for 
the period beginning on October 1, 2010, and ending on December 
31, 2010.'' and inserting ``and $25,328,000 for fiscal year 
2011.''.

SEC. 4202. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
                    PROGRAMS.

  (a) Motor Carrier Safety Grants.--Section 31104(a)(7) of 
title 49, United States Code, is amended by striking 
``$52,679,000 for the period beginning on October 1, 2010, and 
ending on December 31, 2010.'' and inserting ``$209,000,000 for 
fiscal year 2011.''.
  (b) Administrative Expenses.--Section 31104(i)(1)(G) of title 
49, United States Code, is amended by striking ``$61,036,000 
for the period beginning on October 1, 2010, and ending on 
December 31, 2010.'' and inserting ``$244,144,000 for fiscal 
year 2011.''.
  (c) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 Stat. 
1715) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``and'' after ``2009,''; and
                  (B) by striking ``and $6,301,000 for the 
                period beginning on October 1, 2010, and ending 
                on December 31, 2010'' and inserting ``and 
                $25,000,000 for fiscal year 2011'';
          (2) in paragraph (2) by striking ``and $8,066,000 for 
        the period beginning on October 1, 2010, and ending on 
        December 31, 2010'' and inserting ``and $32,000,000 for 
        fiscal year 2011'';
          (3) in paragraph (3) by striking ``and $1,260,000 for 
        the period beginning on October 1, 2010, and ending on 
        December 31, 2010'' and inserting ``and $5,000,000 for 
        fiscal year 2011'';
          (4) in paragraph (4) by striking ``and $6,301,000 for 
        the period beginning on October 1, 2010, and ending on 
        December 31, 2010'' and inserting ``and $25,000,000 for 
        fiscal year 2011''; and
          (5) in paragraph (5) by striking ``and $756,000 for 
        the period beginning on October 1, 2010, and ending on 
        December 31, 2010'' and inserting ``and $3,000,000 for 
        fiscal year 2011''.
  (d) High-Priority Activities.--Section 31104(k)(2) of title 
49, United States Code, is amended by striking ``and $3,781,000 
for the period beginning on October 1, 2010, and ending on 
December 31, 2010'' and inserting ``and $15,000,000 for fiscal 
year 2011''.
  (e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, 
United States Code, is amended by striking ``(and up to 
$7,310,000 for the period beginning on October 1, 2010, and 
ending on December 31, 2010)''.
  (f) Commercial Driver's License Information System 
Modernization.--Section 4123(d)(6) of SAFETEA-LU (119 Stat. 
1736) is amended by striking ``$2,016,000 for the period 
beginning on October 1, 2010, and ending on December 31, 
2010.'' and inserting ``$8,000,000 for fiscal year 2011.''.
  (g) Outreach and Education.--Section 4127(e) of SAFETEA-LU 
(119 Stat. 1741) is amended by striking ``and 2010'' and all 
that follows before ``to carry out'' and inserting ``2010, and 
2011''.
  (h) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of SAFETEA-LU (119 Stat. 1744) is amended by 
striking ``2009, 2010, and $252,000 for the period beginning on 
October 1, 2010, and ending on December 31, 2010,'' and 
inserting ``2011''.
  (i) Motor Carrier Safety Advisory Committee.--Section 4144(d) 
of SAFETEA-LU (119 Stat. 1748) is amended by striking 
``December 31, 2010'' and inserting ``September 30, 2011''.
  (j) Working Group for Development of Practices and Procedures 
to Enhance Federal-State Relations.--Section 4213(d) of 
SAFETEA-LU (49 U.S.C. 14710 note; 119 Stat. 1759) is amended by 
striking ``December 31, 2010'' and inserting ``September 30, 
2011''.

SEC. 4203. ADDITIONAL PROGRAMS.

  (a) Hazardous Materials Research Projects.--Section 7131(c) 
of SAFETEA-LU (119 Stat. 1910) is amended by striking ``through 
2010'' and all that follows before ``shall be available'' and 
inserting ``through 2011''.
  (b) Dingell-Johnson Sport Fish Restoration Act.--Section 4 of 
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) 
is amended--
          (1) in subsection (a) by striking ``For each of 
        fiscal years 2006'' and all that follows before 
        paragraph (1) and inserting the following: ``For each 
        of fiscal years 2006 through 2011, the balance of each 
        annual appropriation made in accordance with the 
        provisions of section 3 remaining after the 
        distributions for administrative expenses and other 
        purposes under subsection (b) and for multistate 
        conservation grants under section 14 shall be 
        distributed as follows:''; and
          (2) in subsection (b)(1)(A) by striking the first 
        sentence and inserting the following: ``From the annual 
        appropriation made in accordance with section 3, for 
        each of fiscal years 2006 through 2011, the Secretary 
        of the Interior may use no more than the amount 
        specified in subparagraph (B) for the fiscal year for 
        expenses for administration incurred in the 
        implementation of this Act, in accordance with this 
        section and section 9.''.
  (c) Surface Transportation Project Delivery Pilot Program.--
Section 327(i)(1) of title 23, United States Code, is amended 
by striking ``6 years after'' and inserting ``7 years after''.
  (d) Implementation of Future Strategic Highway Research 
Program.--Section 510 of title 23, United States Code, is 
amended by adding at the end the following:
  ``(h) Implementation.--Notwithstanding any other provision of 
this section, the Secretary may use funds made available to 
carry out this section for implementation of research products 
related to the future strategic highway research program, 
including development, demonstration, evaluation, and 
technology transfer activities.''.

               TITLE III--PUBLIC TRANSPORTATION PROGRAMS

SEC. 4301. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.

   Section 5305(g) of title 49, United States Code, is amended 
by striking ``2010, and for the period beginning October 1, 
2010, and ending December 31, 2010,'' and inserting ``2011''.

SEC. 4302. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.

   Section 5307(b)(2) of title 49, United States Code, is 
amended--
          (1) in the paragraph heading by striking ``2010, and 
        the period beginning october 1, 2010, and ending 
        december 31, 2010'' and inserting ``2011'';
          (2) in subparagraph (A) by striking ``2010, and the 
        period beginning October 1, 2010, and ending December 
        31, 2010,'' and inserting ``2011,''; and
          (3) in subparagraph (E)--
                  (A) in the subparagraph heading by striking 
                ``2010 and during the period beginning october 
                1, 2010, and ending december 31, 2010'' and 
                inserting ``2011''; and
                  (B) in the matter preceding clause (i) by 
                striking ``In fiscal years 2008 through 2010, 
                and during the period beginning October 1, 
                2010, and ending December 31, 2010,'' and 
                inserting ``In each of fiscal years 2008 
                through 2011''.

SEC. 4303. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.

   Section 5309(m) of title 49, United States Code, is 
amended--
          (1) in paragraph (2)--
                  (A) in the paragraph heading by striking 
                ``2010 and october 1, 2010, through december 
                31, 2010'' and inserting ``2011'';
                  (B) in the matter preceding subparagraph (A) 
                by striking ``2010, and during the period 
                beginning October 1, 2010, and ending December 
                31, 2010,'' and inserting ``2011''; and
                  (C) in subparagraph (A)(i) by striking 
                ``2010, and $50,000,000 for the period 
                beginning October 1, 2010, and ending December 
                31, 2010,'' and inserting ``2011'';
          (2) in paragraph (6)--
                  (A) in subparagraph (B) by striking ``2010, 
                and $3,750,000 shall be available for the 
                period beginning October 1, 2010, and ending 
                December 31, 2010,'' and inserting ``2011''; 
                and
                  (B) in subparagraph (C) by striking ``2010, 
                and $1,250,000 shall be available for the 
                period beginning October 1, 2010 and ending 
                December 31, 2010,'' and inserting ``2011''; 
                and
          (3) in paragraph (7)--
                  (A) in subparagraph (A)--
                          (i) by striking ``(A) Ferry boat 
                        systems.--'' and all that follows 
                        through ``(i) Fiscal year 2006 through 
                        2010.--$10,000,000 shall be available 
                        in each of fiscal years 2006 through 
                        2010'' and inserting the following:
                  ``(A) Ferry boat systems.--$10,000,000 shall 
                be available in each of fiscal years 2006 
                through 2011'';
                          (ii) by striking clause (ii);
                          (iii) by redesignating subclauses (I) 
                        through (VIII) as clauses (i) through 
                        (viii), respectively, and moving the 
                        text of such clauses 2 ems to the left; 
                        and
                          (iv) by inserting a period at the end 
                        of clause (iv) (as so redesignated);
                  (B) by striking subparagraph (B)(vi) and 
                inserting the following:
                          ``(vi) $13,500,000 for fiscal year 
                        2011.'';
                  (C) in subparagraph (C) by striking ``, and 
                during the period beginning October 1, 2010, 
                and ending December 31, 2010,'';
                  (D) in subparagraph (D) by striking ``, and 
                not less than $8,750,000 shall be available for 
                the period beginning October 1, 2010, and 
                ending December 31, 2010,''; and
                  (E) in subparagraph (E) by striking ``, and 
                $750,000 shall be available for the period 
                beginning October 1, 2010, and ending December 
                31, 2010,''.

SEC. 4304. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED 
                    AREAS.

   Section 5311(c)(1)(F) of title 49, United States Code, is 
amended to read as follows:
                  ``(F) $15,000,000 for fiscal year 2011.''.

SEC. 4305. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.

   Section 5337 of title 49, United States Code, is amended--
          (1) in subsection (a), in the matter preceding 
        paragraph (1), by striking ``2010'' and inserting 
        ``2011''; and
          (2) by striking subsection (g).

SEC. 4306. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.

  (a) Formula and Bus Grants.--Section 5338(b) of title 49, 
United States Code, is amended--
          (1) by striking paragraph (1)(F) and inserting the 
        following:
                  ``(F) $8,360,565,000 for fiscal year 2011.''; 
                and
          (2) in paragraph (2)--
                  (A) in subparagraph (A) by striking 
                ``$28,375,000 for the period beginning October 
                1, 2010, and ending December 31, 2010,'' and 
                inserting ``$113,500,000 for fiscal year 
                2011'';
                  (B) in subparagraph (B) by striking 
                ``$1,040,091,250 for the period beginning 
                October 1, 2010, and ending December 31, 
                2010,'' and inserting ``$4,160,365,000 for 
                fiscal year 2011'';
                  (C) in subparagraph (C) by striking 
                ``$12,875,000 for the period beginning October 
                1, 2010, and ending December 31, 2010,'' and 
                inserting ``$51,500,000 for fiscal year 2011'';
                  (D) in subparagraph (D) by striking 
                ``$416,625,000 for the period beginning October 
                1, 2010 and ending December 31, 2010,'' and 
                inserting ``$1,666,500,000 for fiscal year 
                2011'';
                  (E) in subparagraph (E) by striking 
                ``$246,000,000 for the period beginning October 
                1, 2010 and ending December 31, 2010,'' and 
                inserting ``$984,000,000 for fiscal year 
                2011'';
                  (F) in subparagraph (F) by striking 
                ``$33,375,000 for the period beginning October 
                1, 2010 and ending December 31, 2010,'' and 
                inserting ``$133,500,000 for fiscal year 
                2011'';
                  (G) in subparagraph (G) by striking 
                ``$116,250,000 for the period beginning October 
                1, 2010 and ending December 31, 2010,'' and 
                inserting ``$465,000,000 for fiscal year 
                2011'';
                  (H) in subparagraph (H) by striking 
                ``$41,125,000 for the period beginning October 
                1, 2010 and ending December 31, 2010,'' and 
                inserting ``$164,500,000 for fiscal year 
                2011'';
                  (I) in subparagraph (I) by striking 
                ``$23,125,000 for the period beginning October 
                1, 2010 and ending December 31, 2010,'' and 
                inserting ``$92,500,000 for fiscal year 2011'';
                  (J) in subparagraph (J) by striking 
                ``$6,725,000 for the period beginning October 
                1, 2010 and ending December 31, 2010,'' and 
                inserting ``$26,900,000 for fiscal year 2011'';
                  (K) in subparagraph (K) by striking 
                ``$875,000 for the period beginning October 1, 
                2010 and ending December 31, 2010,'' and 
                inserting ``$3,500,000 for fiscal year 2011'';
                  (L) in subparagraph (L) by striking 
                ``$6,250,000 for the period beginning October 
                1, 2010 and ending December 31, 2010,'' and 
                inserting ``$25,000,000 for fiscal year 2011'';
                  (M) in subparagraph (M) by striking 
                ``$116,250,000 for the period beginning October 
                1, 2010 and ending December 31, 2010,'' and 
                inserting ``$465,000,000 for fiscal year 
                2011''; and
                  (N) in subparagraph (N) by striking 
                ``$2,200,000 for the period beginning October 
                1, 2010 and ending December 31, 2010,'' and 
                inserting ``$8,800,000 for fiscal year 2011''.
  (b) Capital Investment Grants.--Section 5338(c)(6) of title 
49, United States Code, is amended to read as follows:
          ``(6) $2,000,000,000 for fiscal year 2011.''.
  (c) Research and University Research Centers.--Section 
5338(d) of title 49, United States Code, is amended--
          (1) in paragraph (1)--
                  (A) in the matter preceding subparagraph (A) 
                by striking ``$17,437,500 for the period 
                beginning October 1, 2010, and ending December 
                31, 2010'' and inserting ``$69,750,000 for 
                fiscal year 2011''; and
                  (B) in subparagraph (A) by striking ``fiscal 
                year 2009'' and inserting ``each of fiscal 
                years 2009, 2010, and 2011'';
          (2) in paragraph (2)(A)--
                  (A) in clauses (i), (ii), and (iii) by 
                striking ``2009'' and inserting ``2011''; and
                  (B) in clauses (v), (vi), (vii), and (viii) 
                by striking ``and 2009'' and inserting 
                ``through 2011''; and
          (3) by striking paragraph (3) and inserting the 
        following:
          ``(3) Funding.--If the Secretary determines that a 
        project or activity described in paragraph (2) received 
        sufficient funds in fiscal year 2010, or a previous 
        fiscal year, to carry out the purpose for which the 
        project or activity was authorized, the Secretary may 
        not allocate any amounts under paragraph (2) for the 
        project or activity for fiscal year 2011, or any 
        subsequent fiscal year.''.
  (d) Administration.--Section 5338(e)(6) of title 49, United 
States Code, is amended to read as follows:
          ``(6) $98,911,000 for fiscal year 2011.''.

SEC. 4307. AMENDMENTS TO SAFETEA-LU.

  (a) Contracted Paratransit Pilot.--Section 3009(i)(1) of 
SAFETEA-LU (119 Stat. 1572) is amended by striking ``2010, and 
for the period beginning October 1, 2010, and ending December 
31, 2010'' and inserting ``2011''.
  (b) Public-private Partnership Pilot Program.--Section 3011 
of SAFETEA-LU (49 U.S.C. 5309 note; 119 Stat. 1588) is 
amended--
          (1) in subsection (c)(5) by striking ``2010 and the 
        period beginning October 1, 2010, and ending December 
        31, 2010'' and inserting ``2011''; and
          (2) in subsection (d) by striking ``2010, and for the 
        period beginning October 1, 2010, and ending December 
        31, 2010'' and inserting ``2011''.
  (c) Elderly Individuals and Individuals With Disabilities 
Pilot Program.--Section 3012(b)(8) of SAFETEA-LU (49 U.S.C. 
5310 note; 119 Stat. 1593) is amended by striking ``December 
31, 2010'' and inserting ``September 30, 2011''.
  (d) Obligation Ceiling.--Section 3040(7) of SAFETEA-LU (119 
Stat. 1639) is amended to read as follows:
          ``(7) $10,507,752,000 for fiscal year 2011, of which 
        not more than $8,360,565,000 shall be from the Mass 
        Transit Account.''.
  (e) Project Authorizations for New Fixed Guideway Capital 
Projects.--Section 3043 of SAFETEA-LU (119 Stat. 1640) is 
amended--
          (1) in subsection (b), in the matter preceding 
        paragraph (1), by striking ``2010, and for the period 
        beginning October 1, 2010, and ending December 31, 
        2010,'' and inserting ``2011''; and
          (2) in subsection (c), in the matter preceding 
        paragraph (1), by striking ``2010, and for the period 
        beginning October 1, 2010, and ending December 31, 
        2010,'' and inserting ``2011''.
  (f) Allocations for National Research and Technology 
Programs.--Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note; 119 
Stat. 1706) is amended--
          (1) in subsection (b) by striking ``or period'';
          (2) by striking subsection (c) and inserting the 
        following:
  ``(c) Additional Appropriations.--The Secretary shall 
allocate amounts appropriated pursuant to section 5338(d) of 
title 49, United States Code, for national research and 
technology programs under sections 5312, 5314, and 5322 of such 
title for fiscal years 2010 and 2011, in amounts equal to the 
amounts allocated for fiscal year 2009 under each of paragraphs 
(2), (3), (5), (6), and (8) through (25) of subsection (a).''; 
and
          (3) in subsection (d)--
                  (A) by striking ``2009'' and inserting 
                ``2010''; and
                  (B) by striking ``2010'' and inserting 
                ``2011''.

SEC. 4308. LEVEL OF OBLIGATION LIMITATIONS.

  (a) Highway Category.--Section 8003(a) of SAFETEA-LU (2 
U.S.C. 901 note; 119 Stat. 1917) is amended--
          (1) in paragraph (6) by striking ``for the period 
        beginning on October 1, 2009, and ending on September 
        30, 2010,'' and inserting ``for fiscal year 2010,''; 
        and
          (2) by striking paragraph (7) and inserting the 
        following:
          ``(7) for fiscal year 2011, $42,469,970,178.''.
  (b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU (2 
U.S.C. 901 note; 119 Stat. 1917) is amended--
          (1) in paragraph (6) by striking ``for the period 
        beginning on October 1, 2009, and ending on December 
        31, 2010,'' and inserting ``for fiscal year 2010,''; 
        and
          (2) by striking paragraph (7) and inserting the 
        following:
          ``(7) for fiscal year 2011, $10,338,065,000.''.

              TITLE IV--EXTENSION OF EXPENDITURE AUTHORITY

SEC. 4401. EXTENSION OF EXPENDITURE AUTHORITY.

  (a) Highway Trust Fund.--Section 9503 of the Internal Revenue 
Code of 1986 is amended--
          (1) by striking ``December 31, 2010 (January 1, 2011, 
        in the case of expenditures for administrative 
        expenses)'' in subsections (b)(6)(B) and (c)(1) and 
        inserting ``October 1, 2011'',
          (2) by striking ``the Surface Transportation 
        Extension Act of 2010'' in subsections (c)(1) and 
        (e)(3) and inserting ``the Surface Transportation 
        Extension Act of 2010, Part II'', and
          (3) by striking ``January 1, 2011'' in subsection 
        (e)(3) and inserting ``October 1, 2011''.
  (b) Sport Fish Restoration and Boating Trust Fund.--Section 
9504 of the Internal Revenue Code of 1986 is amended--
          (1) by striking ``Surface Transportation Extension 
        Act of 2010'' each place it appears in subsection 
        (b)(2) and inserting ``Surface Transportation Extension 
        Act of 2010, Part II'', and
          (2) by striking ``January 1, 2011'' in subsection 
        (d)(2) and inserting ``October 1, 2011''.
  (c) Effective Date.--The amendments made by this section 
shall take effect on December 31, 2010.

                DIVISION C--AIRPORT AND AIRWAY EXTENSION

SEC. 5001. SHORT TITLE.

  This division may be cited as the ``Airport and Airway 
Extension Act of 2010, Part IV''.

SEC. 5002. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

  (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of 
the Internal Revenue Code of 1986 is amended by striking 
``December 31, 2010'' and inserting ``September 30, 2011''.
  (b) Ticket Taxes.--
          (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of 
        the Internal Revenue Code of 1986 is amended by 
        striking ``December 31, 2010'' and inserting 
        ``September 30, 2011''.
          (2) Property.--Clause (ii) of section 4271(d)(1)(A) 
        of such Code is amended by striking ``December 31, 
        2010'' and inserting ``September 30, 2011''.
  (c) Effective Date.--The amendments made by this section 
shall take effect on January 1, 2011.

SEC. 5003. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                    AUTHORITY.

  (a) In General.--Paragraph (1) of section 9502(d) of the 
Internal Revenue Code of 1986 is amended--
          (1) by striking ``January 1, 2011'' and inserting 
        ``October 1, 2011''; and
          (2) by inserting ``or the Airport and Airway 
        Extension Act of 2010, Part IV'' before the semicolon 
        at the end of subparagraph (A).
  (b) Conforming Amendment.--Paragraph (2) of section 9502(e) 
of such Code is amended by striking ``January 1, 2011'' and 
inserting ``October 1, 2011''.
  (c) Effective Date.--The amendments made by this section 
shall take effect on January 1, 2011.

SEC. 5004. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

  (a) Authorization of Appropriations.--Section 48103(8) of 
title 49, United States Code, is amended to read as follows:
          ``(8) $3,700,000,000 for fiscal year 2011.''.
  (b) Project Grant Authority.--Section 47104(c) of such title 
is amended by striking ``December 31, 2010,'' and inserting 
``September 30, 2011,''.

SEC. 5005. EXTENSION OF EXPIRING AUTHORITIES.

  (a) Section 40117(l)(7) of title 49, United States Code, is 
amended by striking ``January 1, 2011.'' and inserting 
``October 1, 2011.''.
  (b) Section 44302(f)(1) of such title is amended--
          (1) by striking ``December 31, 2010,'' and inserting 
        ``September 30, 2011,''; and
          (2) by striking ``March 31, 2011,'' and inserting 
        ``December 31, 2011,''.
  (c) Section 44303(b) of such title is amended by striking 
``March 31, 2011,'' and inserting ``December 31, 2011,''.
  (d) Section 47107(s)(3) of such title is amended by striking 
``January 1, 2011.'' and inserting ``October 1, 2011.''.
  (e) Section 47115(j) of such title is amended by striking 
``fiscal years 2004 through 2010, and for the portion of fiscal 
year 2011 ending before January 1, 2011,'' and inserting 
``fiscal years 2004 through 2011,''.
  (f) Section 47141(f) of such title is amended by striking 
``December 31, 2010.'' and inserting ``September 30, 2011.''.
  (g) Section 49108 of such title is amended by striking 
``December 31, 2010,'' and inserting ``September 30, 2011,''.
  (h) Section 161 of the Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 47109 note) is amended by 
striking ``fiscal year 2009 or 2010, or in the portion of 
fiscal year 2011 ending before January 1, 2011,'' and inserting 
``fiscal year 2009, 2010, or 2011''.
  (i) Section 186(d) of such Act (117 Stat. 2518) is amended by 
striking ``for fiscal years ending before October 1, 2010, and 
for the portion of fiscal year 2011 ending before January 1, 
2011,'' and inserting ``for fiscal years ending before October 
1, 2011,''.
  (j) The amendments made by this section shall take effect on 
January 1, 2011.

                        DIVISION D--FOOD SAFETY

SEC. 6001. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

  (a) Short Title.--This division may be cited as the ``FDA 
Food Safety Modernization Act''.
  (b) References.--Except as otherwise specified, whenever in 
this division an amendment is expressed in terms of an 
amendment to a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
  (c) Table of Contents.--The table of contents for this 
division is as follows:

                         DIVISION D--FOOD SAFETY

Sec. 6001. Short title; references; table of contents.

       TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS

Sec. 6101. Inspections of records.
Sec. 6102. Registration of food facilities.
Sec. 6103. Hazard analysis and risk-based preventive controls.
Sec. 6104. Performance standards.
Sec. 6105. Standards for produce safety.
Sec. 6106. Protection against intentional adulteration.
Sec. 6107. Authority to collect fees.
Sec. 6108. National agriculture and food defense strategy.
Sec. 6109. Food and Agriculture Coordinating Councils.
Sec. 6110. Building domestic capacity.
Sec. 6111. Sanitary transportation of food.
Sec. 6112. Food allergy and anaphylaxis management.
Sec. 6113. New dietary ingredients.
Sec. 6114. Requirement for guidance relating to post-harvest processing 
          of raw oysters.
Sec. 6115. Port shopping.
Sec. 6116. Alcohol-related facilities.

   TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY 
                                PROBLEMS

Sec. 6201. Targeting of inspection resources for domestic facilities, 
          foreign facilities, and ports of entry; annual report.
Sec. 6202. Laboratory accreditation for analyses of foods.
Sec. 6203. Integrated consortium of laboratory networks.
Sec. 6204. Enhancing tracking and tracing of food and recordkeeping.
Sec. 6205. Surveillance.
Sec. 6206. Mandatory recall authority.
Sec. 6207. Administrative detention of food.
Sec. 6208. Decontamination and disposal standards and plans.
Sec. 6209. Improving the training of State, local, territorial, and 
          tribal food safety officials.
Sec. 6210. Enhancing food safety.
Sec. 6211. Improving the reportable food registry.

            TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD

Sec. 6301. Foreign supplier verification program.
Sec. 6302. Voluntary qualified importer program.
Sec. 6303. Authority to require import certifications for food.
Sec. 6304. Prior notice of imported food shipments.
Sec. 6305. Building capacity of foreign governments with respect to food 
          safety.
Sec. 6306. Inspection of foreign food facilities.
Sec. 6307. Accreditation of third-party auditors.
Sec. 6308. Foreign offices of the Food and Drug Administration.
Sec. 6309. Smuggled food.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 6401. Funding for food safety.
Sec. 6402. Employee protections.
Sec. 6403. Jurisdiction; authorities.
Sec. 6404. Compliance with international agreements.
Sec. 6405. Determination of budgetary effects.

      TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS

SEC. 6101. INSPECTIONS OF RECORDS.

  (a) In General.--Section 414(a) (21 U.S.C. 350c(a)) is 
amended--
          (1) by striking the subsection heading and all that 
        follows through ``of food is'' and inserting the 
        following: ``Records Inspection.--
          ``(1) Adulterated food.--If the Secretary has a 
        reasonable belief that an article of food, and any 
        other article of food that the Secretary reasonably 
        believes is likely to be affected in a similar manner, 
        is'';
          (2) by inserting ``, and to any other article of food 
        that the Secretary reasonably believes is likely to be 
        affected in a similar manner,'' after ``relating to 
        such article'';
          (3) by striking the last sentence; and
          (4) by inserting at the end the following:
          ``(2) Use of or exposure to food of concern.--If the 
        Secretary believes that there is a reasonable 
        probability that the use of or exposure to an article 
        of food, and any other article of food that the 
        Secretary reasonably believes is likely to be affected 
        in a similar manner, will cause serious adverse health 
        consequences or death to humans or animals, each person 
        (excluding farms and restaurants) who manufactures, 
        processes, packs, distributes, receives, holds, or 
        imports such article shall, at the request of an 
        officer or employee duly designated by the Secretary, 
        permit such officer or employee, upon presentation of 
        appropriate credentials and a written notice to such 
        person, at reasonable times and within reasonable 
        limits and in a reasonable manner, to have access to 
        and copy all records relating to such article and to 
        any other article of food that the Secretary reasonably 
        believes is likely to be affected in a similar manner, 
        that are needed to assist the Secretary in determining 
        whether there is a reasonable probability that the use 
        of or exposure to the food will cause serious adverse 
        health consequences or death to humans or animals.
          ``(3) Application.--The requirement under paragraphs 
        (1) and (2) applies to all records relating to the 
        manufacture, processing, packing, distribution, 
        receipt, holding, or importation of such article 
        maintained by or on behalf of such person in any format 
        (including paper and electronic formats) and at any 
        location.''.
  (b) Conforming Amendment.--Section 704(a)(1)(B) (21 U.S.C. 
374(a)(1)(B)) is amended by striking ``section 414 when'' and 
all that follows through ``subject to'' and inserting ``section 
414, when the standard for records inspection under paragraph 
(1) or (2) of section 414(a) applies, subject to''.

SEC. 6102. REGISTRATION OF FOOD FACILITIES.

  (a) Updating of Food Category Regulations; Biennial 
Registration Renewal.--Section 415(a) (21 U.S.C. 350d(a)) is 
amended--
          (1) in paragraph (2), by--
                  (A) striking ``conducts business and'' and 
                inserting ``conducts business, the e-mail 
                address for the contact person of the facility 
                or, in the case of a foreign facility, the 
                United States agent for the facility, and''; 
                and
                  (B) inserting ``, or any other food 
                categories as determined appropriate by the 
                Secretary, including by guidance'' after ``Code 
                of Federal Regulations'';
          (2) by redesignating paragraphs (3) and (4) as 
        paragraphs (4) and (5), respectively; and
          (3) by inserting after paragraph (2) the following:
          ``(3) Biennial registration renewal.--During the 
        period beginning on October 1 and ending on December 31 
        of each even-numbered year, a registrant that has 
        submitted a registration under paragraph (1) shall 
        submit to the Secretary a renewal registration 
        containing the information described in paragraph (2). 
        The Secretary shall provide for an abbreviated 
        registration renewal process for any registrant that 
        has not had any changes to such information since the 
        registrant submitted the preceding registration or 
        registration renewal for the facility involved.''.
  (b) Suspension of Registration.--
          (1) In general.--Section 415 (21 U.S.C. 350d) is 
        amended--
                  (A) in subsection (a)(2), by inserting after 
                the first sentence the following: ``The 
                registration shall contain an assurance that 
                the Secretary will be permitted to inspect such 
                facility at the times and in the manner 
                permitted by this Act.'';
                  (B) by redesignating subsections (b) and (c) 
                as subsections (c) and (d), respectively; and
                  (C) by inserting after subsection (a) the 
                following:
  ``(b) Suspension of Registration.--
          ``(1) In general.--If the Secretary determines that 
        food manufactured, processed, packed, received, or held 
        by a facility registered under this section has a 
        reasonable probability of causing serious adverse 
        health consequences or death to humans or animals, the 
        Secretary may by order suspend the registration of a 
        facility--
                  ``(A) that created, caused, or was otherwise 
                responsible for such reasonable probability; or
                  ``(B)(i) that knew of, or had reason to know 
                of, such reasonable probability; and
                  ``(ii) packed, received, or held such food.
          ``(2) Hearing on suspension.--The Secretary shall 
        provide the registrant subject to an order under 
        paragraph (1) with an opportunity for an informal 
        hearing, to be held as soon as possible but not later 
        than 2 business days after the issuance of the order or 
        such other time period, as agreed upon by the Secretary 
        and the registrant, on the actions required for 
        reinstatement of registration and why the registration 
        that is subject to suspension should be reinstated. The 
        Secretary shall reinstate a registration if the 
        Secretary determines, based on evidence presented, that 
        adequate grounds do not exist to continue the 
        suspension of the registration.
          ``(3) Post-hearing corrective action plan; vacating 
        of order.--
                  ``(A) Corrective action plan.--If, after 
                providing opportunity for an informal hearing 
                under paragraph (2), the Secretary determines 
                that the suspension of registration remains 
                necessary, the Secretary shall require the 
                registrant to submit a corrective action plan 
                to demonstrate how the registrant plans to 
                correct the conditions found by the Secretary. 
                The Secretary shall review such plan not later 
                than 14 days after the submission of the 
                corrective action plan or such other time 
                period as determined by the Secretary.
                  ``(B) Vacating of order.--Upon a 
                determination by the Secretary that adequate 
                grounds do not exist to continue the suspension 
                actions required by the order, or that such 
                actions should be modified, the Secretary shall 
                promptly vacate the order and reinstate the 
                registration of the facility subject to the 
                order or modify the order, as appropriate.
          ``(4) Effect of suspension.--If the registration of a 
        facility is suspended under this subsection, no person 
        shall import or export food into the United States from 
        such facility, offer to import or export food into the 
        United States from such facility, or otherwise 
        introduce food from such facility into interstate or 
        intrastate commerce in the United States.
          ``(5) Regulations.--
                  ``(A) In general.--The Secretary shall 
                promulgate regulations to implement this 
                subsection. The Secretary may promulgate such 
                regulations on an interim final basis.
                  ``(B) Registration requirement.--The 
                Secretary may require that registration under 
                this section be submitted in an electronic 
                format. Such requirement may not take effect 
                before the date that is 5 years after the date 
                of enactment of the FDA Food Safety 
                Modernization Act.
          ``(6) Application date.--Facilities shall be subject 
        to the requirements of this subsection beginning on the 
        earlier of--
                  ``(A) the date on which the Secretary issues 
                regulations under paragraph (5); or
                  ``(B) 180 days after the date of enactment of 
                the FDA Food Safety Modernization Act.
          ``(7) No delegation.--The authority conferred by this 
        subsection to issue an order to suspend a registration 
        or vacate an order of suspension shall not be delegated 
        to any officer or employee other than the 
        Commissioner.''.
          (2) Small entity compliance policy guide.--Not later 
        than 180 days after the issuance of the regulations 
        promulgated under section 415(b)(5) of the Federal 
        Food, Drug, and Cosmetic Act (as added by this 
        section), the Secretary shall issue a small entity 
        compliance policy guide setting forth in plain language 
        the requirements of such regulations to assist small 
        entities in complying with registration requirements 
        and other activities required under such section.
          (3) Imported food.--Section 801(l) (21 U.S.C. 381(l)) 
        is amended by inserting ``(or for which a registration 
        has been suspended under such section)'' after 
        ``section 415''.
  (c) Clarification of Intent.--
          (1) Retail food establishment.--The Secretary shall 
        amend the definition of the term ``retail food 
        establishment'' in section 1.227(b)(11) of title 21, 
        Code of Federal Regulations to clarify that, in 
        determining the primary function of an establishment or 
        a retail food establishment under such section, the 
        sale of food products directly to consumers by such 
        establishment and the sale of food directly to 
        consumers by such retail food establishment include--
                  (A) the sale of such food products or food 
                directly to consumers by such establishment at 
                a roadside stand or farmers' market where such 
                stand or market is located other than where the 
                food was manufactured or processed;
                  (B) the sale and distribution of such food 
                through a community supported agriculture 
                program; and
                  (C) the sale and distribution of such food at 
                any other such direct sales platform as 
                determined by the Secretary.
          (2) Definitions.--For purposes of paragraph (1)--
                  (A) the term ``community supported 
                agriculture program'' has the same meaning 
                given the term ``community supported 
                agriculture (CSA) program'' in section 249.2 of 
                title 7, Code of Federal Regulations (or any 
                successor regulation); and
                  (B) the term ``consumer'' does not include a 
                business.
  (d) Conforming Amendments.--
          (1) Section 301(d) (21 U.S.C. 331(d)) is amended by 
        inserting ``415,'' after ``404,''.
          (2) Section 415(d), as redesignated by subsection 
        (b), is amended by adding at the end before the period 
        ``for a facility to be registered, except with respect 
        to the reinstatement of a registration that is 
        suspended under subsection (b)''.

SEC. 6103. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS.

  (a) In General.--Chapter IV (21 U.S.C. 341 et seq.) is 
amended by adding at the end the following:

``SEC. 418. HAZARD ANALYSIS AND RISK-BASED PREVENTIVE CONTROLS.

  ``(a) In General.--The owner, operator, or agent in charge of 
a facility shall, in accordance with this section, evaluate the 
hazards that could affect food manufactured, processed, packed, 
or held by such facility, identify and implement preventive 
controls to significantly minimize or prevent the occurrence of 
such hazards and provide assurances that such food is not 
adulterated under section 402 or misbranded under section 
403(w), monitor the performance of those controls, and maintain 
records of this monitoring as a matter of routine practice.
  ``(b) Hazard Analysis.--The owner, operator, or agent in 
charge of a facility shall--
          ``(1) identify and evaluate known or reasonably 
        foreseeable hazards that may be associated with the 
        facility, including--
                  ``(A) biological, chemical, physical, and 
                radiological hazards, natural toxins, 
                pesticides, drug residues, decomposition, 
                parasites, allergens, and unapproved food and 
                color additives; and
                  ``(B) hazards that occur naturally, or may be 
                unintentionally introduced; and
          ``(2) identify and evaluate hazards that may be 
        intentionally introduced, including by acts of 
        terrorism; and
          ``(3) develop a written analysis of the hazards.
  ``(c) Preventive Controls.--The owner, operator, or agent in 
charge of a facility shall identify and implement preventive 
controls, including at critical control points, if any, to 
provide assurances that--
          ``(1) hazards identified in the hazard analysis 
        conducted under subsection (b)(1) will be significantly 
        minimized or prevented;
          ``(2) any hazards identified in the hazard analysis 
        conducted under subsection (b)(2) will be significantly 
        minimized or prevented and addressed, consistent with 
        section 420, as applicable; and
          ``(3) the food manufactured, processed, packed, or 
        held by such facility will not be adulterated under 
        section 402 or misbranded under section 403(w).
  ``(d) Monitoring of Effectiveness.--The owner, operator, or 
agent in charge of a facility shall monitor the effectiveness 
of the preventive controls implemented under subsection (c) to 
provide assurances that the outcomes described in subsection 
(c) shall be achieved.
  ``(e) Corrective Actions.--The owner, operator, or agent in 
charge of a facility shall establish procedures to ensure that, 
if the preventive controls implemented under subsection (c) are 
not properly implemented or are found to be ineffective--
          ``(1) appropriate action is taken to reduce the 
        likelihood of recurrence of the implementation failure;
          ``(2) all affected food is evaluated for safety; and
          ``(3) all affected food is prevented from entering 
        into commerce if the owner, operator, or agent in 
        charge of such facility cannot ensure that the affected 
        food is not adulterated under section 402 or misbranded 
        under section 403(w).
  ``(f) Verification.--The owner, operator, or agent in charge 
of a facility shall verify that--
          ``(1) the preventive controls implemented under 
        subsection (c) are adequate to control the hazards 
        identified under subsection (b);
          ``(2) the owner, operator, or agent is conducting 
        monitoring in accordance with subsection (d);
          ``(3) the owner, operator, or agent is making 
        appropriate decisions about corrective actions taken 
        under subsection (e);
          ``(4) the preventive controls implemented under 
        subsection (c) are effectively and significantly 
        minimizing or preventing the occurrence of identified 
        hazards, including through the use of environmental and 
        product testing programs and other appropriate means; 
        and
          ``(5) there is documented, periodic reanalysis of the 
        plan under subsection (i) to ensure that the plan is 
        still relevant to the raw materials, conditions, and 
        processes in the facility, and new and emerging 
        threats.
  ``(g) Recordkeeping.--The owner, operator, or agent in charge 
of a facility shall maintain, for not less than 2 years, 
records documenting the monitoring of the preventive controls 
implemented under subsection (c), instances of nonconformance 
material to food safety, the results of testing and other 
appropriate means of verification under subsection (f)(4), 
instances when corrective actions were implemented, and the 
efficacy of preventive controls and corrective actions.
  ``(h) Written Plan and Documentation.--The owner, operator, 
or agent in charge of a facility shall prepare a written plan 
that documents and describes the procedures used by the 
facility to comply with the requirements of this section, 
including analyzing the hazards under subsection (b) and 
identifying the preventive controls adopted under subsection 
(c) to address those hazards. Such written plan, together with 
the documentation described in subsection (g), shall be made 
promptly available to a duly authorized representative of the 
Secretary upon oral or written request.
  ``(i) Requirement To Reanalyze.--The owner, operator, or 
agent in charge of a facility shall conduct a reanalysis under 
subsection (b) whenever a significant change is made in the 
activities conducted at a facility operated by such owner, 
operator, or agent if the change creates a reasonable potential 
for a new hazard or a significant increase in a previously 
identified hazard or not less frequently than once every 3 
years, whichever is earlier. Such reanalysis shall be completed 
and additional preventive controls needed to address the hazard 
identified, if any, shall be implemented before the change in 
activities at the facility is operative. Such owner, operator, 
or agent shall revise the written plan required under 
subsection (h) if such a significant change is made or document 
the basis for the conclusion that no additional or revised 
preventive controls are needed. The Secretary may require a 
reanalysis under this section to respond to new hazards and 
developments in scientific understanding, including, as 
appropriate, results from the Department of Homeland Security 
biological, chemical, radiological, or other terrorism risk 
assessment.
  ``(j) Exemption for Seafood, Juice, and Low-acid Canned Food 
Facilities Subject to HACCP.--
          ``(1) In general.--This section shall not apply to a 
        facility if the owner, operator, or agent in charge of 
        such facility is required to comply with, and is in 
        compliance with, 1 of the following standards and 
        regulations with respect to such facility:
                  ``(A) The Seafood Hazard Analysis Critical 
                Control Points Program of the Food and Drug 
                Administration.
                  ``(B) The Juice Hazard Analysis Critical 
                Control Points Program of the Food and Drug 
                Administration.
                  ``(C) The Thermally Processed Low-Acid Foods 
                Packaged in Hermetically Sealed Containers 
                standards of the Food and Drug Administration 
                (or any successor standards).
          ``(2) Applicability.--The exemption under paragraph 
        (1)(C) shall apply only with respect to microbiological 
        hazards that are regulated under the standards for 
        Thermally Processed Low-Acid Foods Packaged in 
        Hermetically Sealed Containers under part 113 of 
        chapter 21, Code of Federal Regulations (or any 
        successor regulations).
  ``(k) Exception for Activities of Facilities Subject to 
Section 419.--This section shall not apply to activities of a 
facility that are subject to section 419.
  ``(l) Modified Requirements for Qualified Facilities.--
          ``(1) Qualified facilities.--
                  ``(A) In general.--A facility is a qualified 
                facility for purposes of this subsection if the 
                facility meets the conditions under 
                subparagraph (B) or (C).
                  ``(B) Very small business.--A facility is a 
                qualified facility under this subparagraph--
                          ``(i) if the facility, including any 
                        subsidiary or affiliate of the 
                        facility, is, collectively, a very 
                        small business (as defined in the 
                        regulations promulgated under 
                        subsection (n)); and
                          ``(ii) in the case where the facility 
                        is a subsidiary or affiliate of an 
                        entity, if such subsidiaries or 
                        affiliates, are, collectively, a very 
                        small business (as so defined).
                  ``(C) Limited annual monetary value of 
                sales.--
                          ``(i) In general.--A facility is a 
                        qualified facility under this 
                        subparagraph if clause (ii) applies--
                                  ``(I) to the facility, 
                                including any subsidiary or 
                                affiliate of the facility, 
                                collectively; and
                                  ``(II) to the subsidiaries or 
                                affiliates, collectively, of 
                                any entity of which the 
                                facility is a subsidiary or 
                                affiliate.
                          ``(ii) Average annual monetary 
                        value.--This clause applies if--
                                  ``(I) during the 3-year 
                                period preceding the applicable 
                                calendar year, the average 
                                annual monetary value of the 
                                food manufactured, processed, 
                                packed, or held at such 
                                facility (or the collective 
                                average annual monetary value 
                                of such food at any subsidiary 
                                or affiliate, as described in 
                                clause (i)) that is sold 
                                directly to qualified end-users 
                                during such period exceeded the 
                                average annual monetary value 
                                of the food manufactured, 
                                processed, packed, or held at 
                                such facility (or the 
                                collective average annual 
                                monetary value of such food at 
                                any subsidiary or affiliate, as 
                                so described) sold by such 
                                facility (or collectively by 
                                any such subsidiary or 
                                affiliate) to all other 
                                purchasers during such period; 
                                and
                                  ``(II) the average annual 
                                monetary value of all food sold 
                                by such facility (or the 
                                collective average annual 
                                monetary value of such food 
                                sold by any subsidiary or 
                                affiliate, as described in 
                                clause (i)) during such period 
                                was less than $500,000, 
                                adjusted for inflation.
          ``(2) Exemption.--A qualified facility--
                  ``(A) shall not be subject to the 
                requirements under subsections (a) through (i) 
                and subsection (n) in an applicable calendar 
                year; and
                  ``(B) shall submit to the Secretary--
                          ``(i)(I) documentation that 
                        demonstrates that the owner, operator, 
                        or agent in charge of the facility has 
                        identified potential hazards associated 
                        with the food being produced, is 
                        implementing preventive controls to 
                        address the hazards, and is monitoring 
                        the preventive controls to ensure that 
                        such controls are effective; or
                          ``(II) documentation (which may 
                        include licenses, inspection reports, 
                        certificates, permits, credentials, 
                        certification by an appropriate agency 
                        (such as a State department of 
                        agriculture), or other evidence of 
                        oversight), as specified by the 
                        Secretary, that the facility is in 
                        compliance with State, local, county, 
                        or other applicable non-Federal food 
                        safety law; and
                          ``(ii) documentation, as specified by 
                        the Secretary in a guidance document 
                        issued not later than 1 year after the 
                        date of enactment of this section, that 
                        the facility is a qualified facility 
                        under paragraph (1)(B) or (1)(C).
          ``(3) Withdrawal; rule of construction.--
                  ``(A) In general.--In the event of an active 
                investigation of a foodborne illness outbreak 
                that is directly linked to a qualified facility 
                subject to an exemption under this subsection, 
                or if the Secretary determines that it is 
                necessary to protect the public health and 
                prevent or mitigate a foodborne illness 
                outbreak based on conduct or conditions 
                associated with a qualified facility that are 
                material to the safety of the food 
                manufactured, processed, packed, or held at 
                such facility, the Secretary may withdraw the 
                exemption provided to such facility under this 
                subsection.
                  ``(B) Rule of construction.--Nothing in this 
                subsection shall be construed to expand or 
                limit the inspection authority of the 
                Secretary.
          ``(4) Definitions.--In this subsection:
                  ``(A) Affiliate.--The term `affiliate' means 
                any facility that controls, is controlled by, 
                or is under common control with another 
                facility.
                  ``(B) Qualified end-user.--The term 
                `qualified end-user', with respect to a food, 
                means--
                          ``(i) the consumer of the food; or
                          ``(ii) a restaurant or retail food 
                        establishment (as those terms are 
                        defined by the Secretary for purposes 
                        of section 415) that--
                                  ``(I) is located--
                                          ``(aa) in the same 
                                        State as the qualified 
                                        facility that sold the 
                                        food to such restaurant 
                                        or establishment; or
                                          ``(bb) not more than 
                                        275 miles from such 
                                        facility; and
                                  ``(II) is purchasing the food 
                                for sale directly to consumers 
                                at such restaurant or retail 
                                food establishment.
                  ``(C) Consumer.--For purposes of subparagraph 
                (B), the term `consumer' does not include a 
                business.
                  ``(D) Subsidiary.--The term `subsidiary' 
                means any company which is owned or controlled 
                directly or indirectly by another company.
          ``(5) Study.--
                  ``(A) In general.--The Secretary, in 
                consultation with the Secretary of Agriculture, 
                shall conduct a study of the food processing 
                sector regulated by the Secretary to 
                determine--
                          ``(i) the distribution of food 
                        production by type and size of 
                        operation, including monetary value of 
                        food sold;
                          ``(ii) the proportion of food 
                        produced by each type and size of 
                        operation;
                          ``(iii) the number and types of food 
                        facilities co-located on farms, 
                        including the number and proportion by 
                        commodity and by manufacturing or 
                        processing activity;
                          ``(iv) the incidence of foodborne 
                        illness originating from each size and 
                        type of operation and the type of food 
                        facilities for which no reported or 
                        known hazard exists; and
                          ``(v) the effect on foodborne illness 
                        risk associated with commingling, 
                        processing, transporting, and storing 
                        food and raw agricultural commodities, 
                        including differences in risk based on 
                        the scale and duration of such 
                        activities.
                  ``(B) Size.--The results of the study 
                conducted under subparagraph (A) shall include 
                the information necessary to enable the 
                Secretary to define the terms `small business' 
                and `very small business', for purposes of 
                promulgating the regulation under subsection 
                (n). In defining such terms, the Secretary 
                shall include consideration of harvestable 
                acres, income, the number of employees, and the 
                volume of food harvested.
                  ``(C) Submission of report.--Not later than 
                18 months after the date of enactment the FDA 
                Food Safety Modernization Act, the Secretary 
                shall submit to Congress a report that 
                describes the results of the study conducted 
                under subparagraph (A).
          ``(6) No preemption.--Nothing in this subsection 
        preempts State, local, county, or other non-Federal law 
        regarding the safe production of food. Compliance with 
        this subsection shall not relieve any person from 
        liability at common law or under State statutory law.
          ``(7) Notification to consumers.--
                  ``(A) In general.--A qualified facility that 
                is exempt from the requirements under 
                subsections (a) through (i) and subsection (n) 
                and does not prepare documentation under 
                paragraph (2)(B)(i)(I) shall--
                          ``(i) with respect to a food for 
                        which a food packaging label is 
                        required by the Secretary under any 
                        other provision of this Act, include 
                        prominently and conspicuously on such 
                        label the name and business address of 
                        the facility where the food was 
                        manufactured or processed; or
                          ``(ii) with respect to a food for 
                        which a food packaging label is not 
                        required by the Secretary under any 
                        other provisions of this Act, 
                        prominently and conspicuously display, 
                        at the point of purchase, the name and 
                        business address of the facility where 
                        the food was manufactured or processed, 
                        on a label, poster, sign, placard, or 
                        documents delivered contemporaneously 
                        with the food in the normal course of 
                        business, or, in the case of Internet 
                        sales, in an electronic notice.
                  ``(B) No additional label.--Subparagraph (A) 
                does not provide authority to the Secretary to 
                require a label that is in addition to any 
                label required under any other provision of 
                this Act.
  ``(m) Authority With Respect to Certain Facilities.--The 
Secretary may, by regulation, exempt or modify the requirements 
for compliance under this section with respect to facilities 
that are solely engaged in the production of food for animals 
other than man, the storage of raw agricultural commodities 
(other than fruits and vegetables) intended for further 
distribution or processing, or the storage of packaged foods 
that are not exposed to the environment.
  ``(n) Regulations.--
          ``(1) In general.--Not later than 18 months after the 
        date of enactment of the FDA Food Safety Modernization 
        Act, the Secretary shall promulgate regulations--
                  ``(A) to establish science-based minimum 
                standards for conducting a hazard analysis, 
                documenting hazards, implementing preventive 
                controls, and documenting the implementation of 
                the preventive controls under this section; and
                  ``(B) to define, for purposes of this 
                section, the terms `small business' and `very 
                small business', taking into consideration the 
                study described in subsection (l)(5).
          ``(2) Coordination.--In promulgating the regulations 
        under paragraph (1)(A), with regard to hazards that may 
        be intentionally introduced, including by acts of 
        terrorism, the Secretary shall coordinate with the 
        Secretary of Homeland Security, as appropriate.
          ``(3) Content.--The regulations promulgated under 
        paragraph (1)(A) shall--
                  ``(A) provide sufficient flexibility to be 
                practicable for all sizes and types of 
                facilities, including small businesses such as 
                a small food processing facility co-located on 
                a farm;
                  ``(B) comply with chapter 35 of title 44, 
                United States Code (commonly known as the 
                `Paperwork Reduction Act'), with special 
                attention to minimizing the burden (as defined 
                in section 3502(2) of such Act) on the 
                facility, and collection of information (as 
                defined in section 3502(3) of such Act), 
                associated with such regulations;
                  ``(C) acknowledge differences in risk and 
                minimize, as appropriate, the number of 
                separate standards that apply to separate 
                foods; and
                  ``(D) not require a facility to hire a 
                consultant or other third party to identify, 
                implement, certify, or audit preventative 
                controls, except in the case of negotiated 
                enforcement resolutions that may require such a 
                consultant or third party.
          ``(4) Rule of construction.--Nothing in this 
        subsection shall be construed to provide the Secretary 
        with the authority to prescribe specific technologies, 
        practices, or critical controls for an individual 
        facility.
          ``(5) Review.--In promulgating the regulations under 
        paragraph (1)(A), the Secretary shall review regulatory 
        hazard analysis and preventive control programs in 
        existence on the date of enactment of the FDA Food 
        Safety Modernization Act, including the Grade `A' 
        Pasteurized Milk Ordinance to ensure that such 
        regulations are consistent, to the extent practicable, 
        with applicable domestic and internationally recognized 
        standards in existence on such date.
  ``(o) Definitions.--For purposes of this section:
          ``(1) Critical control point.--The term `critical 
        control point' means a point, step, or procedure in a 
        food process at which control can be applied and is 
        essential to prevent or eliminate a food safety hazard 
        or reduce such hazard to an acceptable level.
          ``(2) Facility.--The term `facility' means a domestic 
        facility or a foreign facility that is required to 
        register under section 415.
          ``(3) Preventive controls.--The term `preventive 
        controls' means those risk-based, reasonably 
        appropriate procedures, practices, and processes that a 
        person knowledgeable about the safe manufacturing, 
        processing, packing, or holding of food would employ to 
        significantly minimize or prevent the hazards 
        identified under the hazard analysis conducted under 
        subsection (b) and that are consistent with the current 
        scientific understanding of safe food manufacturing, 
        processing, packing, or holding at the time of the 
        analysis. Those procedures, practices, and processes 
        may include the following:
                  ``(A) Sanitation procedures for food contact 
                surfaces and utensils and food-contact surfaces 
                of equipment.
                  ``(B) Supervisor, manager, and employee 
                hygiene training.
                  ``(C) An environmental monitoring program to 
                verify the effectiveness of pathogen controls 
                in processes where a food is exposed to a 
                potential contaminant in the environment.
                  ``(D) A food allergen control program.
                  ``(E) A recall plan.
                  ``(F) Current Good Manufacturing Practices 
                (cGMPs) under part 110 of title 21, Code of 
                Federal Regulations (or any successor 
                regulations).
                  ``(G) Supplier verification activities that 
                relate to the safety of food.''.
  (b) Guidance Document.--The Secretary shall issue a guidance 
document related to the regulations promulgated under 
subsection (b)(1) with respect to the hazard analysis and 
preventive controls under section 418 of the Federal Food, 
Drug, and Cosmetic Act (as added by subsection (a)).
  (c) Rulemaking.--
          (1) Proposed rulemaking.--
                  (A) In general.--Not later than 9 months 
                after the date of enactment of this Act, the 
                Secretary of Health and Human Services 
                (referred to in this subsection as the 
                ``Secretary'') shall publish a notice of 
                proposed rulemaking in the Federal Register to 
                promulgate regulations with respect to--
                          (i) activities that constitute on-
                        farm packing or holding of food that is 
                        not grown, raised, or consumed on such 
                        farm or another farm under the same 
                        ownership for purposes of section 415 
                        of the Federal Food, Drug, and Cosmetic 
                        Act (21 U.S.C. 350d), as amended by 
                        this Act; and
                          (ii) activities that constitute on-
                        farm manufacturing or processing of 
                        food that is not consumed on that farm 
                        or on another farm under common 
                        ownership for purposes of such section 
                        415.
                  (B) Clarification.--The rulemaking described 
                under subparagraph (A) shall enhance the 
                implementation of such section 415 and clarify 
                the activities that are included as part of the 
                definition of the term ``facility'' under such 
                section 415. Nothing in this Act authorizes the 
                Secretary to modify the definition of the term 
                ``facility'' under such section.
                  (C) Science-based risk analysis.--In 
                promulgating regulations under subparagraph 
                (A), the Secretary shall conduct a science-
                based risk analysis of--
                          (i) specific types of on-farm packing 
                        or holding of food that is not grown, 
                        raised, or consumed on such farm or 
                        another farm under the same ownership, 
                        as such packing and holding relates to 
                        specific foods; and
                          (ii) specific on-farm manufacturing 
                        and processing activities as such 
                        activities relate to specific foods 
                        that are not consumed on that farm or 
                        on another farm under common ownership.
                  (D) Authority with respect to certain 
                facilities.--
                          (i) In general.--In promulgating the 
                        regulations under subparagraph (A), the 
                        Secretary shall consider the results of 
                        the science-based risk analysis 
                        conducted under subparagraph (C), and 
                        shall exempt certain facilities from 
                        the requirements in section 418 of the 
                        Federal Food, Drug, and Cosmetic Act 
                        (as added by this section), including 
                        hazard analysis and preventive 
                        controls, and the mandatory inspection 
                        frequency in section 421 of such Act 
                        (as added by section 6201), or modify 
                        the requirements in such sections 418 
                        or 421, as the Secretary determines 
                        appropriate, if such facilities are 
                        engaged only in specific types of on-
                        farm manufacturing, processing, 
                        packing, or holding activities that the 
                        Secretary determines to be low risk 
                        involving specific foods the Secretary 
                        determines to be low risk.
                          (ii) Limitation.--The exemptions or 
                        modifications under clause (i) shall 
                        not include an exemption from the 
                        requirement to register under section 
                        415 of the Federal Food, Drug, and 
                        Cosmetic Act (21 U.S.C. 350d), as 
                        amended by this Act, if applicable, and 
                        shall apply only to small businesses 
                        and very small businesses, as defined 
                        in the regulation promulgated under 
                        section 418(n) of the Federal Food, 
                        Drug, and Cosmetic Act (as added under 
                        subsection (a)).
          (2) Final regulations.--Not later than 9 months after 
        the close of the comment period for the proposed 
        rulemaking under paragraph (1), the Secretary shall 
        adopt final rules with respect to--
                  (A) activities that constitute on-farm 
                packing or holding of food that is not grown, 
                raised, or consumed on such farm or another 
                farm under the same ownership for purposes of 
                section 415 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 350d), as amended by 
                this Act;
                  (B) activities that constitute on-farm 
                manufacturing or processing of food that is not 
                consumed on that farm or on another farm under 
                common ownership for purposes of such section 
                415; and
                  (C) the requirements under sections 418 and 
                421 of the Federal Food, Drug, and Cosmetic 
                Act, as added by this Act, from which the 
                Secretary may issue exemptions or modifications 
                of the requirements for certain types of 
                facilities.
  (d) Small Entity Compliance Policy Guide.--Not later than 180 
days after the issuance of the regulations promulgated under 
subsection (n) of section 418 of the Federal Food, Drug, and 
Cosmetic Act (as added by subsection (a)), the Secretary shall 
issue a small entity compliance policy guide setting forth in 
plain language the requirements of such section 418 and this 
section to assist small entities in complying with the hazard 
analysis and other activities required under such section 418 
and this section.
  (e) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended 
by adding at the end the following:
  ``(uu) The operation of a facility that manufactures, 
processes, packs, or holds food for sale in the United States 
if the owner, operator, or agent in charge of such facility is 
not in compliance with section 418.''.
  (f) No Effect on HACCP Authorities.--Nothing in the 
amendments made by this section limits the authority of the 
Secretary under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) or the Public Health Service Act (42 U.S.C. 
201 et seq.) to revise, issue, or enforce Hazard Analysis 
Critical Control programs and the Thermally Processed Low-Acid 
Foods Packaged in Hermetically Sealed Containers standards.
  (g) Dietary Supplements.--Nothing in the amendments made by 
this section shall apply to any facility with regard to the 
manufacturing, processing, packing, or holding of a dietary 
supplement that is in compliance with the requirements of 
sections 402(g)(2) and 761 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 342(g)(2), 379aa-1).
  (h) Updating Guidance Relating to Fish and Fisheries Products 
Hazards and Controls.--The Secretary shall, not later than 180 
days after the date of enactment of this Act, update the Fish 
and Fisheries Products Hazards and Control Guidance to take 
into account advances in technology that have occurred since 
the previous publication of such Guidance by the Secretary.
  (i) Effective Dates.--
          (1) General rule.--The amendments made by this 
        section shall take effect 18 months after the date of 
        enactment of this Act.
          (2) Flexibility for small businesses.--
        Notwithstanding paragraph (1)--
                  (A) the amendments made by this section shall 
                apply to a small business (as defined in the 
                regulations promulgated under section 418(n) of 
                the Federal Food, Drug, and Cosmetic Act (as 
                added by this section)) beginning on the date 
                that is 6 months after the effective date of 
                such regulations; and
                  (B) the amendments made by this section shall 
                apply to a very small business (as defined in 
                such regulations) beginning on the date that is 
                18 months after the effective date of such 
                regulations.

SEC. 6104. PERFORMANCE STANDARDS.

  (a) In General.--The Secretary shall, in coordination with 
the Secretary of Agriculture, not less frequently than every 2 
years, review and evaluate relevant health data and other 
relevant information, including from toxicological and 
epidemiological studies and analyses, current Good 
Manufacturing Practices issued by the Secretary relating to 
food, and relevant recommendations of relevant advisory 
committees, including the Food Advisory Committee, to determine 
the most significant foodborne contaminants.
  (b) Guidance Documents and Regulations.--Based on the review 
and evaluation conducted under subsection (a), and when 
appropriate to reduce the risk of serious illness or death to 
humans or animals or to prevent adulteration of the food under 
section 402 of the Federal Food, Drug, or Cosmetic Act (21 
U.S.C. 342) or to prevent the spread by food of communicable 
disease under section 361 of the Public Health Service Act (42 
U.S.C. 264), the Secretary shall issue contaminant-specific and 
science-based guidance documents, including guidance documents 
regarding action levels, or regulations. Such guidance, 
including guidance regarding action levels, or regulations--
          (1) shall apply to products or product classes;
          (2) shall, where appropriate, differentiate between 
        food for human consumption and food intended for 
        consumption by animals other than humans; and
          (3) shall not be written to be facility-specific.
  (c) No Duplication of Efforts.--The Secretary shall 
coordinate with the Secretary of Agriculture to avoid issuing 
duplicative guidance on the same contaminants.
  (d) Review.--The Secretary shall periodically review and 
revise, as appropriate, the guidance documents, including 
guidance documents regarding action levels, or regulations 
promulgated under this section.

SEC. 6105. STANDARDS FOR PRODUCE SAFETY.

  (a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as 
amended by section 6103, is amended by adding at the end the 
following:

``SEC. 419. STANDARDS FOR PRODUCE SAFETY.

  ``(a) Proposed Rulemaking.--
          ``(1) In general.--
                  ``(A) Rulemaking.--Not later than 1 year 
                after the date of enactment of the FDA Food 
                Safety Modernization Act, the Secretary, in 
                coordination with the Secretary of Agriculture 
                and representatives of State departments of 
                agriculture (including with regard to the 
                national organic program established under the 
                Organic Foods Production Act of 1990), and in 
                consultation with the Secretary of Homeland 
                Security, shall publish a notice of proposed 
                rulemaking to establish science-based minimum 
                standards for the safe production and 
                harvesting of those types of fruits and 
                vegetables, including specific mixes or 
                categories of fruits and vegetables, that are 
                raw agricultural commodities for which the 
                Secretary has determined that such standards 
                minimize the risk of serious adverse health 
                consequences or death.
                  ``(B) Determination by secretary.--With 
                respect to small businesses and very small 
                businesses (as such terms are defined in the 
                regulation promulgated under subparagraph (A)) 
                that produce and harvest those types of fruits 
                and vegetables that are raw agricultural 
                commodities that the Secretary has determined 
                are low risk and do not present a risk of 
                serious adverse health consequences or death, 
                the Secretary may determine not to include 
                production and harvesting of such fruits and 
                vegetables in such rulemaking, or may modify 
                the applicable requirements of regulations 
                promulgated pursuant to this section.
          ``(2) Public input.--During the comment period on the 
        notice of proposed rulemaking under paragraph (1), the 
        Secretary shall conduct not less than 3 public meetings 
        in diverse geographical areas of the United States to 
        provide persons in different regions an opportunity to 
        comment.
          ``(3) Content.--The proposed rulemaking under 
        paragraph (1) shall--
                  ``(A) provide sufficient flexibility to be 
                applicable to various types of entities engaged 
                in the production and harvesting of fruits and 
                vegetables that are raw agricultural 
                commodities, including small businesses and 
                entities that sell directly to consumers, and 
                be appropriate to the scale and diversity of 
                the production and harvesting of such 
                commodities;
                  ``(B) include, with respect to growing, 
                harvesting, sorting, packing, and storage 
                operations, science-based minimum standards 
                related to soil amendments, hygiene, packaging, 
                temperature controls, animals in the growing 
                area, and water;
                  ``(C) consider hazards that occur naturally, 
                may be unintentionally introduced, or may be 
                intentionally introduced, including by acts of 
                terrorism;
                  ``(D) take into consideration, consistent 
                with ensuring enforceable public health 
                protection, conservation and environmental 
                practice standards and policies established by 
                Federal natural resource conservation, wildlife 
                conservation, and environmental agencies;
                  ``(E) in the case of production that is 
                certified organic, not include any requirements 
                that conflict with or duplicate the 
                requirements of the national organic program 
                established under the Organic Foods Production 
                Act of 1990, while providing the same level of 
                public health protection as the requirements 
                under guidance documents, including guidance 
                documents regarding action levels, and 
                regulations under the FDA Food Safety 
                Modernization Act; and
                  ``(F) define, for purposes of this section, 
                the terms `small business' and `very small 
                business'.
          ``(4) Prioritization.--The Secretary shall prioritize 
        the implementation of the regulations under this 
        section for specific fruits and vegetables that are raw 
        agricultural commodities based on known risks which may 
        include a history and severity of foodborne illness 
        outbreaks.
  ``(b) Final Regulation.--
          ``(1) In general.--Not later than 1 year after the 
        close of the comment period for the proposed rulemaking 
        under subsection (a), the Secretary shall adopt a final 
        regulation to provide for minimum science-based 
        standards for those types of fruits and vegetables, 
        including specific mixes or categories of fruits or 
        vegetables, that are raw agricultural commodities, 
        based on known safety risks, which may include a 
        history of foodborne illness outbreaks.
          ``(2) Final regulation.--The final regulation shall--
                  ``(A) provide for coordination of education 
                and enforcement activities by State and local 
                officials, as designated by the Governors of 
                the respective States or the appropriate 
                elected State official as recognized by State 
                statute; and
                  ``(B) include a description of the variance 
                process under subsection (c) and the types of 
                permissible variances the Secretary may grant.
          ``(3) Flexibility for small businesses.--
        Notwithstanding paragraph (1)--
                  ``(A) the regulations promulgated under this 
                section shall apply to a small business (as 
                defined in the regulation promulgated under 
                subsection (a)(1)) after the date that is 1 
                year after the effective date of the final 
                regulation under paragraph (1); and
                  ``(B) the regulations promulgated under this 
                section shall apply to a very small business 
                (as defined in the regulation promulgated under 
                subsection (a)(1)) after the date that is 2 
                years after the effective date of the final 
                regulation under paragraph (1).
  ``(c) Criteria.--
          ``(1) In general.--The regulations adopted under 
        subsection (b) shall--
                  ``(A) set forth those procedures, processes, 
                and practices that the Secretary determines to 
                minimize the risk of serious adverse health 
                consequences or death, including procedures, 
                processes, and practices that the Secretary 
                determines to be reasonably necessary to 
                prevent the introduction of known or reasonably 
                foreseeable biological, chemical, and physical 
                hazards, including hazards that occur 
                naturally, may be unintentionally introduced, 
                or may be intentionally introduced, including 
                by acts of terrorism, into fruits and 
                vegetables, including specific mixes or 
                categories of fruits and vegetables, that are 
                raw agricultural commodities and to provide 
                reasonable assurances that the produce is not 
                adulterated under section 402;
                  ``(B) provide sufficient flexibility to be 
                practicable for all sizes and types of 
                businesses, including small businesses such as 
                a small food processing facility co-located on 
                a farm;
                  ``(C) comply with chapter 35 of title 44, 
                United States Code (commonly known as the 
                `Paperwork Reduction Act'), with special 
                attention to minimizing the burden (as defined 
                in section 3502(2) of such Act) on the 
                business, and collection of information (as 
                defined in section 3502(3) of such Act), 
                associated with such regulations;
                  ``(D) acknowledge differences in risk and 
                minimize, as appropriate, the number of 
                separate standards that apply to separate 
                foods; and
                  ``(E) not require a business to hire a 
                consultant or other third party to identify, 
                implement, or certify compliance with these 
                procedures, processes, and practices, except in 
                the case of negotiated enforcement resolutions 
                that may require such a consultant or third 
                party; and
                  ``(F) permit States and foreign countries 
                from which food is imported into the United 
                States to request from the Secretary variances 
                from the requirements of the regulations, 
                subject to paragraph (2), where the State or 
                foreign country determines that the variance is 
                necessary in light of local growing conditions 
                and that the procedures, processes, and 
                practices to be followed under the variance are 
                reasonably likely to ensure that the produce is 
                not adulterated under section 402 and to 
                provide the same level of public health 
                protection as the requirements of the 
                regulations adopted under subsection (b).
          ``(2) Variances.--
                  ``(A) Requests for variances.--A State or 
                foreign country from which food is imported 
                into the United States may in writing request a 
                variance from the Secretary. Such request shall 
                describe the variance requested and present 
                information demonstrating that the variance 
                does not increase the likelihood that the food 
                for which the variance is requested will be 
                adulterated under section 402, and that the 
                variance provides the same level of public 
                health protection as the requirements of the 
                regulations adopted under subsection (b). The 
                Secretary shall review such requests in a 
                reasonable timeframe.
                  ``(B) Approval of variances.--The Secretary 
                may approve a variance in whole or in part, as 
                appropriate, and may specify the scope of 
                applicability of a variance to other similarly 
                situated persons.
                  ``(C) Denial of variances.--The Secretary may 
                deny a variance request if the Secretary 
                determines that such variance is not reasonably 
                likely to ensure that the food is not 
                adulterated under section 402 and is not 
                reasonably likely to provide the same level of 
                public health protection as the requirements of 
                the regulation adopted under subsection (b). 
                The Secretary shall notify the person 
                requesting such variance of the reasons for the 
                denial.
                  ``(D) Modification or revocation of a 
                variance.--The Secretary, after notice and an 
                opportunity for a hearing, may modify or revoke 
                a variance if the Secretary determines that 
                such variance is not reasonably likely to 
                ensure that the food is not adulterated under 
                section 402 and is not reasonably likely to 
                provide the same level of public health 
                protection as the requirements of the 
                regulations adopted under subsection (b).
  ``(d) Enforcement.--The Secretary may coordinate with the 
Secretary of Agriculture and, as appropriate, shall contract 
and coordinate with the agency or department designated by the 
Governor of each State to perform activities to ensure 
compliance with this section.
  ``(e) Guidance.--
          ``(1) In general.--Not later than 1 year after the 
        date of enactment of the FDA Food Safety Modernization 
        Act, the Secretary shall publish, after consultation 
        with the Secretary of Agriculture, representatives of 
        State departments of agriculture, farmer 
        representatives, and various types of entities engaged 
        in the production and harvesting or importing of fruits 
        and vegetables that are raw agricultural commodities, 
        including small businesses, updated good agricultural 
        practices and guidance for the safe production and 
        harvesting of specific types of fresh produce under 
        this section.
          ``(2) Public meetings.--The Secretary shall conduct 
        not fewer than 3 public meetings in diverse 
        geographical areas of the United States as part of an 
        effort to conduct education and outreach regarding the 
        guidance described in paragraph (1) for persons in 
        different regions who are involved in the production 
        and harvesting of fruits and vegetables that are raw 
        agricultural commodities, including persons that sell 
        directly to consumers and farmer representatives, and 
        for importers of fruits and vegetables that are raw 
        agricultural commodities.
          ``(3) Paperwork reduction.--The Secretary shall 
        ensure that any updated guidance under this section 
        will--
                  ``(A) provide sufficient flexibility to be 
                practicable for all sizes and types of 
                facilities, including small businesses such as 
                a small food processing facility co-located on 
                a farm; and
                  ``(B) acknowledge differences in risk and 
                minimize, as appropriate, the number of 
                separate standards that apply to separate 
                foods.
  ``(f) Exemption for Direct Farm Marketing.--
          ``(1) In general.--A farm shall be exempt from the 
        requirements under this section in a calendar year if--
                  ``(A) during the previous 3-year period, the 
                average annual monetary value of the food sold 
                by such farm directly to qualified end-users 
                during such period exceeded the average annual 
                monetary value of the food sold by such farm to 
                all other buyers during such period; and
                  ``(B) the average annual monetary value of 
                all food sold during such period was less than 
                $500,000, adjusted for inflation.
          ``(2) Notification to consumers.--
                  ``(A) In general.--A farm that is exempt from 
                the requirements under this section shall--
                          ``(i) with respect to a food for 
                        which a food packaging label is 
                        required by the Secretary under any 
                        other provision of this Act, include 
                        prominently and conspicuously on such 
                        label the name and business address of 
                        the farm where the produce was grown; 
                        or
                          ``(ii) with respect to a food for 
                        which a food packaging label is not 
                        required by the Secretary under any 
                        other provision of this Act, 
                        prominently and conspicuously display, 
                        at the point of purchase, the name and 
                        business address of the farm where the 
                        produce was grown, on a label, poster, 
                        sign, placard, or document delivered 
                        contemporaneously with the food in the 
                        normal course of business, or, in the 
                        case of Internet sales, in an 
                        electronic notice.
                  ``(B) No additional label.--Subparagraph (A) 
                does not provide authority to the Secretary to 
                require a label that is in addition to any 
                label required under any other provision of 
                this Act.
          ``(3) Withdrawal; rule of construction.--
                  ``(A) In general.--In the event of an active 
                investigation of a foodborne illness outbreak 
                that is directly linked to a farm subject to an 
                exemption under this subsection, or if the 
                Secretary determines that it is necessary to 
                protect the public health and prevent or 
                mitigate a foodborne illness outbreak based on 
                conduct or conditions associated with a farm 
                that are material to the safety of the food 
                produced or harvested at such farm, the 
                Secretary may withdraw the exemption provided 
                to such farm under this subsection.
                  ``(B) Rule of construction.--Nothing in this 
                subsection shall be construed to expand or 
                limit the inspection authority of the 
                Secretary.
          ``(4) Definitions.--
                  ``(A) Qualified end-user.--In this 
                subsection, the term `qualified end-user', with 
                respect to a food means--
                          ``(i) the consumer of the food; or
                          ``(ii) a restaurant or retail food 
                        establishment (as those terms are 
                        defined by the Secretary for purposes 
                        of section 415) that is located--
                                  ``(I) in the same State as 
                                the farm that produced the 
                                food; or
                                  ``(II) not more than 275 
                                miles from such farm.
                  ``(B) Consumer.--For purposes of subparagraph 
                (A), the term `consumer' does not include a 
                business.
          ``(5) No preemption.--Nothing in this subsection 
        preempts State, local, county, or other non-Federal law 
        regarding the safe production, harvesting, holding, 
        transportation, and sale of fresh fruits and 
        vegetables. Compliance with this subsection shall not 
        relieve any person from liability at common law or 
        under State statutory law.
          ``(6) Limitation of effect.--Nothing in this 
        subsection shall prevent the Secretary from exercising 
        any authority granted in the other sections of this 
        Act.
  ``(g) Clarification.--This section shall not apply to produce 
that is produced by an individual for personal consumption.
  ``(h) Exception for Activities of Facilities Subject to 
Section 418.--This section shall not apply to activities of a 
facility that are subject to section 418.''.
  (b) Small Entity Compliance Policy Guide.--Not later than 180 
days after the issuance of regulations under section 419 of the 
Federal Food, Drug, and Cosmetic Act (as added by subsection 
(a)), the Secretary of Health and Human Services shall issue a 
small entity compliance policy guide setting forth in plain 
language the requirements of such section 419 and to assist 
small entities in complying with standards for safe production 
and harvesting and other activities required under such 
section.
  (c) Prohibited Acts.--Section 301 (21 U.S.C. 331), as amended 
by section 6103, is amended by adding at the end the following:
  ``(vv) The failure to comply with the requirements under 
section 419.''.
  (d) No Effect on HACCP Authorities.--Nothing in the 
amendments made by this section limits the authority of the 
Secretary under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) or the Public Health Service Act (42 U.S.C. 
201 et seq.) to revise, issue, or enforce product and category-
specific regulations, such as the Seafood Hazard Analysis 
Critical Controls Points Program, the Juice Hazard Analysis 
Critical Control Program, and the Thermally Processed Low-Acid 
Foods Packaged in Hermetically Sealed Containers standards.

SEC. 6106. PROTECTION AGAINST INTENTIONAL ADULTERATION.

  (a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as 
amended by section 6105, is amended by adding at the end the 
following:

``SEC. 420. PROTECTION AGAINST INTENTIONAL ADULTERATION.

  ``(a) Determinations.--
          ``(1) In general.--The Secretary shall--
                  ``(A) conduct a vulnerability assessment of 
                the food system, including by consideration of 
                the Department of Homeland Security biological, 
                chemical, radiological, or other terrorism risk 
                assessments;
                  ``(B) consider the best available 
                understanding of uncertainties, risks, costs, 
                and benefits associated with guarding against 
                intentional adulteration of food at vulnerable 
                points; and
                  ``(C) determine the types of science-based 
                mitigation strategies or measures that are 
                necessary to protect against the intentional 
                adulteration of food.
          ``(2) Limited distribution.--In the interest of 
        national security, the Secretary, in consultation with 
        the Secretary of Homeland Security, may determine the 
        time, manner, and form in which determinations made 
        under paragraph (1) are made publicly available.
  ``(b) Regulations.--Not later than 18 months after the date 
of enactment of the FDA Food Safety Modernization Act, the 
Secretary, in coordination with the Secretary of Homeland 
Security and in consultation with the Secretary of Agriculture, 
shall promulgate regulations to protect against the intentional 
adulteration of food subject to this Act. Such regulations 
shall--
          ``(1) specify how a person shall assess whether the 
        person is required to implement mitigation strategies 
        or measures intended to protect against the intentional 
        adulteration of food; and
          ``(2) specify appropriate science-based mitigation 
        strategies or measures to prepare and protect the food 
        supply chain at specific vulnerable points, as 
        appropriate.
  ``(c) Applicability.--Regulations promulgated under 
subsection (b) shall apply only to food for which there is a 
high risk of intentional contamination, as determined by the 
Secretary, in consultation with the Secretary of Homeland 
Security, under subsection (a), that could cause serious 
adverse health consequences or death to humans or animals and 
shall include those foods--
          ``(1) for which the Secretary has identified clear 
        vulnerabilities (including short shelf-life or 
        susceptibility to intentional contamination at critical 
        control points); and
          ``(2) in bulk or batch form, prior to being packaged 
        for the final consumer.
  ``(d) Exception.--This section shall not apply to farms, 
except for those that produce milk.
  ``(e) Definition.--For purposes of this section, the term 
`farm' has the meaning given that term in section 1.227 of 
title 21, Code of Federal Regulations (or any successor 
regulation).''.
  (b) Guidance Documents.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of Health and 
        Human Services, in consultation with the Secretary of 
        Homeland Security and the Secretary of Agriculture, 
        shall issue guidance documents related to protection 
        against the intentional adulteration of food, including 
        mitigation strategies or measures to guard against such 
        adulteration as required under section 420 of the 
        Federal Food, Drug, and Cosmetic Act, as added by 
        subsection (a).
          (2) Content.--The guidance documents issued under 
        paragraph (1) shall--
                  (A) include a model assessment for a person 
                to use under subsection (b)(1) of section 420 
                of the Federal Food, Drug, and Cosmetic Act, as 
                added by subsection (a);
                  (B) include examples of mitigation strategies 
                or measures described in subsection (b)(2) of 
                such section; and
                  (C) specify situations in which the examples 
                of mitigation strategies or measures described 
                in subsection (b)(2) of such section are 
                appropriate.
          (3) Limited distribution.--In the interest of 
        national security, the Secretary of Health and Human 
        Services, in consultation with the Secretary of 
        Homeland Security, may determine the time, manner, and 
        form in which the guidance documents issued under 
        paragraph (1) are made public, including by releasing 
        such documents to targeted audiences.
  (c) Periodic Review.--The Secretary of Health and Human 
Services shall periodically review and, as appropriate, update 
the regulations under section 420(b) of the Federal Food, Drug, 
and Cosmetic Act, as added by subsection (a), and the guidance 
documents under subsection (b).
  (d) Prohibited Acts.--Section 301 (21 U.S.C. 331 et seq.), as 
amended by section 6105, is amended by adding at the end the 
following:
  ``(ww) The failure to comply with section 420.''.

SEC. 6107. AUTHORITY TO COLLECT FEES.

  (a) Fees for Reinspection, Recall, and Importation 
Activities.--Subchapter C of chapter VII (21 U.S.C. 379f et 
seq.) is amended by adding at the end the following:

                     ``PART 6--FEES RELATED TO FOOD

``SEC. 743. AUTHORITY TO COLLECT AND USE FEES.

  ``(a) In General.--
          ``(1) Purpose and authority.--For fiscal year 2010 
        and each subsequent fiscal year, the Secretary shall, 
        in accordance with this section, assess and collect 
        fees from--
                  ``(A) the responsible party for each domestic 
                facility (as defined in section 415(b)) and the 
                United States agent for each foreign facility 
                subject to a reinspection in such fiscal year, 
                to cover reinspection-related costs for such 
                year;
                  ``(B) the responsible party for a domestic 
                facility (as defined in section 415(b)) and an 
                importer who does not comply with a recall 
                order under section 423 or under section 412(f) 
                in such fiscal year, to cover food recall 
                activities associated with such order performed 
                by the Secretary, including technical 
                assistance, follow-up effectiveness checks, and 
                public notifications, for such year;
                  ``(C) each importer participating in the 
                voluntary qualified importer program under 
                section 806 in such year, to cover the 
                administrative costs of such program for such 
                year; and
                  ``(D) each importer subject to a reinspection 
                in such fiscal year, to cover reinspection-
                related costs for such year.
          ``(2) Definitions.--For purposes of this section--
                  ``(A) the term `reinspection' means--
                          ``(i) with respect to domestic 
                        facilities (as defined in section 
                        415(b)), 1 or more inspections 
                        conducted under section 704 subsequent 
                        to an inspection conducted under such 
                        provision which identified 
                        noncompliance materially related to a 
                        food safety requirement of this Act, 
                        specifically to determine whether 
                        compliance has been achieved to the 
                        Secretary's satisfaction; and
                          ``(ii) with respect to importers, 1 
                        or more examinations conducted under 
                        section 801 subsequent to an 
                        examination conducted under such 
                        provision which identified 
                        noncompliance materially related to a 
                        food safety requirement of this Act, 
                        specifically to determine whether 
                        compliance has been achieved to the 
                        Secretary's satisfaction;
                  ``(B) the term `reinspection-related costs' 
                means all expenses, including administrative 
                expenses, incurred in connection with--
                          ``(i) arranging, conducting, and 
                        evaluating the results of 
                        reinspections; and
                          ``(ii) assessing and collecting 
                        reinspection fees under this section; 
                        and
                  ``(C) the term `responsible party' has the 
                meaning given such term in section 417(a)(1).
  ``(b) Establishment of Fees.--
          ``(1) In general.--Subject to subsections (c) and 
        (d), the Secretary shall establish the fees to be 
        collected under this section for each fiscal year 
        specified in subsection (a)(1), based on the 
        methodology described under paragraph (2), and shall 
        publish such fees in a Federal Register notice not 
        later than 60 days before the start of each such year.
          ``(2) Fee methodology.--
                  ``(A) Fees.--Fees amounts established for 
                collection--
                          ``(i) under subparagraph (A) of 
                        subsection (a)(1) for a fiscal year 
                        shall be based on the Secretary's 
                        estimate of 100 percent of the costs of 
                        the reinspection-related activities 
                        (including by type or level of 
                        reinspection activity, as the Secretary 
                        determines applicable) described in 
                        such subparagraph (A) for such year;
                          ``(ii) under subparagraph (B) of 
                        subsection (a)(1) for a fiscal year 
                        shall be based on the Secretary's 
                        estimate of 100 percent of the costs of 
                        the activities described in such 
                        subparagraph (B) for such year;
                          ``(iii) under subparagraph (C) of 
                        subsection (a)(1) for a fiscal year 
                        shall be based on the Secretary's 
                        estimate of 100 percent of the costs of 
                        the activities described in such 
                        subparagraph (C) for such year; and
                          ``(iv) under subparagraph (D) of 
                        subsection (a)(1) for a fiscal year 
                        shall be based on the Secretary's 
                        estimate of 100 percent of the costs of 
                        the activities described in such 
                        subparagraph (D) for such year.
                  ``(B) Other considerations.--
                          ``(i) Voluntary qualified importer 
                        program.--In establishing the fee 
                        amounts under subparagraph (A)(iii) for 
                        a fiscal year, the Secretary shall 
                        provide for the number of importers who 
                        have submitted to the Secretary a 
                        notice under section 806(c) informing 
                        the Secretary of the intent of such 
                        importer to participate in the program 
                        under section 806 in such fiscal year.
                          ``(ii) Crediting of fees.--In 
                        establishing the fee amounts under 
                        subparagraph (A) for a fiscal year, the 
                        Secretary shall provide for the 
                        crediting of fees from the previous 
                        year to the next year if the Secretary 
                        overestimated the amount of fees needed 
                        to carry out such activities, and 
                        consider the need to account for any 
                        adjustment of fees and such other 
                        factors as the Secretary determines 
                        appropriate.
                          ``(iii) Published guidelines.--Not 
                        later than 180 days after the date of 
                        enactment of the FDA Food Safety 
                        Modernization Act, the Secretary shall 
                        publish in the Federal Register a 
                        proposed set of guidelines in 
                        consideration of the burden of fee 
                        amounts on small business. Such 
                        consideration may include reduced fee 
                        amounts for small businesses. The 
                        Secretary shall provide for a period of 
                        public comment on such guidelines. The 
                        Secretary shall adjust the fee schedule 
                        for small businesses subject to such 
                        fees only through notice and comment 
                        rulemaking.
          ``(3) Use of fees.--The Secretary shall make all of 
        the fees collected pursuant to clause (i), (ii), (iii), 
        and (iv) of paragraph (2)(A) available solely to pay 
        for the costs referred to in such clause (i), (ii), 
        (iii), and (iv) of paragraph (2)(A), respectively.
  ``(c) Limitations.--
          ``(1) In general.--Fees under subsection (a) shall be 
        refunded for a fiscal year beginning after fiscal year 
        2010 unless the amount of the total appropriations for 
        food safety activities at the Food and Drug 
        Administration for such fiscal year (excluding the 
        amount of fees appropriated for such fiscal year) is 
        equal to or greater than the amount of appropriations 
        for food safety activities at the Food and Drug 
        Administration for fiscal year 2009 (excluding the 
        amount of fees appropriated for such fiscal year), 
        multiplied by the adjustment factor under paragraph 
        (3).
          ``(2) Authority.--If--
                  ``(A) the Secretary does not assess fees 
                under subsection (a) for a portion of a fiscal 
                year because paragraph (1) applies; and
                  ``(B) at a later date in such fiscal year, 
                such paragraph (1) ceases to apply,
        the Secretary may assess and collect such fees under 
        subsection (a), without any modification to the rate of 
        such fees, notwithstanding the provisions of subsection 
        (a) relating to the date fees are to be paid.
          ``(3) Adjustment factor.--
                  ``(A) In general.--The adjustment factor 
                described in paragraph (1) shall be the total 
                percentage change that occurred in the Consumer 
                Price Index for all urban consumers (all items; 
                United States city average) for the 12-month 
                period ending June 30 preceding the fiscal 
                year, but in no case shall such adjustment 
                factor be negative.
                  ``(B) Compounded basis.--The adjustment under 
                subparagraph (A) made each fiscal year shall be 
                added on a compounded basis to the sum of all 
                adjustments made each fiscal year after fiscal 
                year 2009.
          ``(4) Limitation on amount of certain fees.--
                  ``(A) In general.--Notwithstanding any other 
                provision of this section and subject to 
                subparagraph (B), the Secretary may not collect 
                fees in a fiscal year such that the amount 
                collected--
                          ``(i) under subparagraph (B) of 
                        subsection (a)(1) exceeds $20,000,000; 
                        and
                          ``(ii) under subparagraphs (A) and 
                        (D) of subsection (a)(1) exceeds 
                        $25,000,000 combined.
                  ``(B) Exception.--If a domestic facility (as 
                defined in section 415(b)) or an importer 
                becomes subject to a fee described in 
                subparagraph (A), (B), or (D) of subsection 
                (a)(1) after the maximum amount of fees has 
                been collected by the Secretary under 
                subparagraph (A), the Secretary may collect a 
                fee from such facility or importer.
  ``(d) Crediting and Availability of Fees.--Fees authorized 
under subsection (a) shall be collected and available for 
obligation only to the extent and in the amount provided in 
appropriations Acts. Such fees are authorized to remain 
available until expended. Such sums as may be necessary may be 
transferred from the Food and Drug Administration salaries and 
expenses account without fiscal year limitation to such 
appropriation account for salaries and expenses with such 
fiscal year limitation. The sums transferred shall be available 
solely for the purpose of paying the operating expenses of the 
Food and Drug Administration employees and contractors 
performing activities associated with these food safety fees.
  ``(e) Collection of Fees.--
          ``(1) In general.--The Secretary shall specify in the 
        Federal Register notice described in subsection (b)(1) 
        the time and manner in which fees assessed under this 
        section shall be collected.
          ``(2) Collection of unpaid fees.--In any case where 
        the Secretary does not receive payment of a fee 
        assessed under this section within 30 days after it is 
        due, such fee shall be treated as a claim of the United 
        States Government subject to provisions of subchapter 
        II of chapter 37 of title 31, United States Code.
  ``(f) Annual Report to Congress.--Not later than 120 days 
after each fiscal year for which fees are assessed under this 
section, the Secretary shall submit a report to the Committee 
on Health, Education, Labor, and Pensions of the Senate and the 
Committee on Energy and Commerce of the House of 
Representatives, to include a description of fees assessed and 
collected for each such year and a summary description of the 
entities paying such fees and the types of business in which 
such entities engage.
  ``(g) Authorization of Appropriations.--For fiscal year 2010 
and each fiscal year thereafter, there is authorized to be 
appropriated for fees under this section an amount equal to the 
total revenue amount determined under subsection (b) for the 
fiscal year, as adjusted or otherwise affected under the other 
provisions of this section.''.
  (b) Export Certification Fees for Foods and Animal Feed.--
          (1) Authority for export certifications for food, 
        including animal feed.--Section 801(e)(4)(A) (21 U.S.C. 
        381(e)(4)(A)) is amended--
                  (A) in the matter preceding clause (i), by 
                striking ``a drug'' and inserting ``a food, 
                drug'';
                  (B) in clause (i) by striking ``exported 
                drug'' and inserting ``exported food, drug''; 
                and
                  (C) in clause (ii) by striking ``the drug'' 
                each place it appears and inserting ``the food, 
                drug''.
          (2) Clarification of certification.--Section 
        801(e)(4) (21 U.S.C. 381(e)(4)) is amended by inserting 
        after subparagraph (B) the following new subparagraph:
  ``(C) For purposes of this paragraph, a certification by the 
Secretary shall be made on such basis, and in such form 
(including a publicly available listing) as the Secretary 
determines appropriate.''.
          (3) Limitations on use and amount of fees.--Paragraph 
        (4) of section 801(e) (21 U.S.C. 381(e)) is amended by 
        adding at the end the following:
  ``(D) With regard to fees pursuant to subparagraph (B) in 
connection with written export certifications for food:
          ``(i) Such fees shall be collected and available 
        solely for the costs of the Food and Drug 
        Administration associated with issuing such 
        certifications.
          ``(ii) Such fees may not be retained in an amount 
        that exceeds such costs.''.

SEC. 6108. NATIONAL AGRICULTURE AND FOOD DEFENSE STRATEGY.

  (a) Development and Submission of Strategy.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of Health and 
        Human Services and the Secretary of Agriculture, in 
        coordination with the Secretary of Homeland Security, 
        shall prepare and transmit to the relevant committees 
        of Congress, and make publicly available on the 
        Internet Web sites of the Department of Health and 
        Human Services and the Department of Agriculture, the 
        National Agriculture and Food Defense Strategy.
          (2) Implementation plan.--The strategy shall include 
        an implementation plan for use by the Secretaries 
        described under paragraph (1) in carrying out the 
        strategy.
          (3) Research.--The strategy shall include a 
        coordinated research agenda for use by the Secretaries 
        described under paragraph (1) in conducting research to 
        support the goals and activities described in 
        paragraphs (1) and (2) of subsection (b).
          (4) Revisions.--Not later than 4 years after the date 
        on which the strategy is submitted to the relevant 
        committees of Congress under paragraph (1), and not 
        less frequently than every 4 years thereafter, the 
        Secretary of Health and Human Services and the 
        Secretary of Agriculture, in coordination with the 
        Secretary of Homeland Security, shall revise and submit 
        to the relevant committees of Congress the strategy.
          (5) Consistency with existing plans.--The strategy 
        described in paragraph (1) shall be consistent with--
                  (A) the National Incident Management System;
                  (B) the National Response Framework;
                  (C) the National Infrastructure Protection 
                Plan;
                  (D) the National Preparedness Goals; and
                  (E) other relevant national strategies.
  (b) Components.--
          (1) In general.--The strategy shall include a 
        description of the process to be used by the Department 
        of Health and Human Services, the Department of 
        Agriculture, and the Department of Homeland Security--
                  (A) to achieve each goal described in 
                paragraph (2); and
                  (B) to evaluate the progress made by Federal, 
                State, local, and tribal governments towards 
                the achievement of each goal described in 
                paragraph (2).
          (2) Goals.--The strategy shall include a description 
        of the process to be used by the Department of Health 
        and Human Services, the Department of Agriculture, and 
        the Department of Homeland Security to achieve the 
        following goals:
                  (A) Preparedness goal.--Enhance the 
                preparedness of the agriculture and food system 
                by--
                          (i) conducting vulnerability 
                        assessments of the agriculture and food 
                        system;
                          (ii) mitigating vulnerabilities of 
                        the system;
                          (iii) improving communication and 
                        training relating to the system;
                          (iv) developing and conducting 
                        exercises to test decontamination and 
                        disposal plans;
                          (v) developing modeling tools to 
                        improve event consequence assessment 
                        and decision support; and
                          (vi) preparing risk communication 
                        tools and enhancing public awareness 
                        through outreach.
                  (B) Detection goal.--Improve agriculture and 
                food system detection capabilities by--
                          (i) identifying contamination in food 
                        products at the earliest possible time; 
                        and
                          (ii) conducting surveillance to 
                        prevent the spread of diseases.
                  (C) Emergency response goal.--Ensure an 
                efficient response to agriculture and food 
                emergencies by--
                          (i) immediately investigating animal 
                        disease outbreaks and suspected food 
                        contamination;
                          (ii) preventing additional human 
                        illnesses;
                          (iii) organizing, training, and 
                        equipping animal, plant, and food 
                        emergency response teams of--
                                  (I) the Federal Government; 
                                and
                                  (II) State, local, and tribal 
                                governments;
                          (iv) designing, developing, and 
                        evaluating training and exercises 
                        carried out under agriculture and food 
                        defense plans; and
                          (v) ensuring consistent and organized 
                        risk communication to the public by--
                                  (I) the Federal Government;
                                  (II) State, local, and tribal 
                                governments; and
                                  (III) the private sector.
                  (D) Recovery goal.--Secure agriculture and 
                food production after an agriculture or food 
                emergency by--
                          (i) working with the private sector 
                        to develop business recovery plans to 
                        rapidly resume agriculture, food 
                        production, and international trade;
                          (ii) conducting exercises of the 
                        plans described in subparagraph (C) 
                        with the goal of long-term recovery 
                        results;
                          (iii) rapidly removing, and 
                        effectively disposing of--
                                  (I) contaminated agriculture 
                                and food products; and
                                  (II) infected plants and 
                                animals; and
                          (iv) decontaminating and restoring 
                        areas affected by an agriculture or 
                        food emergency.
          (3) Evaluation.--The Secretary, in coordination with 
        the Secretary of Agriculture and the Secretary of 
        Homeland Security, shall--
                  (A) develop metrics to measure progress for 
                the evaluation process described in paragraph 
                (1)(B); and
                  (B) report on the progress measured in 
                subparagraph (A) as part of the National 
                Agriculture and Food Defense strategy described 
                in subsection (a)(1).
  (c) Limited Distribution.--In the interest of national 
security, the Secretary of Health and Human Services and the 
Secretary of Agriculture, in coordination with the Secretary of 
Homeland Security, may determine the manner and format in which 
the National Agriculture and Food Defense strategy established 
under this section is made publicly available on the Internet 
Web sites of the Department of Health and Human Services, the 
Department of Homeland Security, and the Department of 
Agriculture, as described in subsection (a)(1).

SEC. 6109. FOOD AND AGRICULTURE COORDINATING COUNCILS.

  The Secretary of Homeland Security, in coordination with the 
Secretary of Health and Human Services and the Secretary of 
Agriculture, shall within 180 days of enactment of this Act, 
and annually thereafter, submit to the relevant committees of 
Congress, and make publicly available on the Internet Web site 
of the Department of Homeland Security, a report on the 
activities of the Food and Agriculture Government Coordinating 
Council and the Food and Agriculture Sector Coordinating 
Council, including the progress of such Councils on--
          (1) facilitating partnerships between public and 
        private entities to help coordinate and enhance the 
        protection of the agriculture and food system of the 
        United States;
          (2) providing for the regular and timely interchange 
        of information between each council relating to the 
        security of the agriculture and food system (including 
        intelligence information);
          (3) identifying best practices and methods for 
        improving the coordination among Federal, State, local, 
        and private sector preparedness and response plans for 
        agriculture and food defense; and
          (4) recommending methods by which to protect the 
        economy and the public health of the United States from 
        the effects of--
                  (A) animal or plant disease outbreaks;
                  (B) food contamination; and
                  (C) natural disasters affecting agriculture 
                and food.

SEC. 6110. BUILDING DOMESTIC CAPACITY.

  (a) In General.--
          (1) Initial report.--The Secretary, in coordination 
        with the Secretary of Agriculture and the Secretary of 
        Homeland Security, shall, not later than 2 years after 
        the date of enactment of this Act, submit to Congress a 
        comprehensive report that identifies programs and 
        practices that are intended to promote the safety and 
        supply chain security of food and to prevent outbreaks 
        of foodborne illness and other food-related hazards 
        that can be addressed through preventive activities. 
        Such report shall include a description of the 
        following:
                  (A) Analysis of the need for further 
                regulations or guidance to industry.
                  (B) Outreach to food industry sectors, 
                including through the Food and Agriculture 
                Coordinating Councils referred to in section 
                6109, to identify potential sources of emerging 
                threats to the safety and security of the food 
                supply and preventive strategies to address 
                those threats.
                  (C) Systems to ensure the prompt distribution 
                to the food industry of information and 
                technical assistance concerning preventive 
                strategies.
                  (D) Communication systems to ensure that 
                information about specific threats to the 
                safety and security of the food supply are 
                rapidly and effectively disseminated.
                  (E) Surveillance systems and laboratory 
                networks to rapidly detect and respond to 
                foodborne illness outbreaks and other food-
                related hazards, including how such systems and 
                networks are integrated.
                  (F) Outreach, education, and training 
                provided to States and local governments to 
                build State and local food safety and food 
                defense capabilities, including progress 
                implementing strategies developed under 
                sections 6108 and 6205.
                  (G) The estimated resources needed to 
                effectively implement the programs and 
                practices identified in the report developed in 
                this section over a 5-year period.
                  (H) The impact of requirements under this Act 
                (including amendments made by this Act) on 
                certified organic farms and facilities (as 
                defined in section 415 of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 350d)).
                  (I) Specific efforts taken pursuant to the 
                agreements authorized under section 421(c) of 
                the Federal Food, Drug, and Cosmetic Act (as 
                added by section 6201), together with, as 
                necessary, a description of any additional 
                authorities necessary to improve seafood 
                safety.
          (2) Biennial reports.--On a biennial basis following 
        the submission of the report under paragraph (1), the 
        Secretary shall submit to Congress a report that--
                  (A) reviews previous food safety programs and 
                practices;
                  (B) outlines the success of those programs 
                and practices;
                  (C) identifies future programs and practices; 
                and
                  (D) includes information related to any 
                matter described in subparagraphs (A) through 
                (H) of paragraph (1), as necessary.
  (b) Risk-based Activities.--The report developed under 
subsection (a)(1) shall describe methods that seek to ensure 
that resources available to the Secretary for food safety-
related activities are directed at those actions most likely to 
reduce risks from food, including the use of preventive 
strategies and allocation of inspection resources. The 
Secretary shall promptly undertake those risk-based actions 
that are identified during the development of the report as 
likely to contribute to the safety and security of the food 
supply.
  (c) Capability for Laboratory Analyses; Research.--The report 
developed under subsection (a)(1) shall provide a description 
of methods to increase capacity to undertake analyses of food 
samples promptly after collection, to identify new and rapid 
analytical techniques, including commercially available 
techniques that can be employed at ports of entry and by Food 
Emergency Response Network laboratories, and to provide for 
well-equipped and staffed laboratory facilities and progress 
toward laboratory accreditation under section 422 of the 
Federal Food, Drug, and Cosmetic Act (as added by section 
6202).
  (d) Information Technology.--The report developed under 
subsection (a)(1) shall include a description of such 
information technology systems as may be needed to identify 
risks and receive data from multiple sources, including foreign 
governments, State, local, and tribal governments, other 
Federal agencies, the food industry, laboratories, laboratory 
networks, and consumers. The information technology systems 
that the Secretary describes shall also provide for the 
integration of the facility registration system under section 
415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
350d), and the prior notice system under section 801(m) of such 
Act (21 U.S.C. 381(m)) with other information technology 
systems that are used by the Federal Government for the 
processing of food offered for import into the United States.
  (e) Automated Risk Assessment.--The report developed under 
subsection (a)(1) shall include a description of progress 
toward developing and improving an automated risk assessment 
system for food safety surveillance and allocation of 
resources.
  (f) Traceback and Surveillance Report.--The Secretary shall 
include in the report developed under subsection (a)(1) an 
analysis of the Food and Drug Administration's performance in 
foodborne illness outbreaks during the 5-year period preceding 
the date of enactment of this Act involving fruits and 
vegetables that are raw agricultural commodities (as defined in 
section 6201(r) (21 U.S.C. 321(r)) and recommendations for 
enhanced surveillance, outbreak response, and traceability. 
Such findings and recommendations shall address communication 
and coordination with the public, industry, and State and local 
governments, as such communication and coordination relates to 
outbreak identification and traceback.
  (g) Biennial Food Safety and Food Defense Research Plan.--The 
Secretary, the Secretary of Agriculture, and the Secretary of 
Homeland Security shall, on a biennial basis, submit to 
Congress a joint food safety and food defense research plan 
which may include studying the long-term health effects of 
foodborne illness. Such biennial plan shall include a list and 
description of projects conducted during the previous 2-year 
period and the plan for projects to be conducted during the 
subsequent 2-year period.
  (h) Effectiveness of Programs Administered by the Department 
of Health and Human Services.--
          (1) In general.--To determine whether existing 
        Federal programs administered by the Department of 
        Health and Human Services are effective in achieving 
        the stated goals of such programs, the Secretary shall, 
        beginning not later than 1 year after the date of 
        enactment of this Act--
                  (A) conduct an annual evaluation of each 
                program of such Department to determine the 
                effectiveness of each such program in achieving 
                legislated intent, purposes, and objectives; 
                and
                  (B) submit to Congress a report concerning 
                such evaluation.
          (2) Content.--The report described under paragraph 
        (1)(B) shall--
                  (A) include conclusions concerning the 
                reasons that such existing programs have proven 
                successful or not successful and what factors 
                contributed to such conclusions;
                  (B) include recommendations for consolidation 
                and elimination to reduce duplication and 
                inefficiencies in such programs at such 
                Department as identified during the evaluation 
                conduct under this subsection; and
                  (C) be made publicly available in a 
                publication entitled ``Guide to the U.S. 
                Department of Health and Human Services 
                Programs''.
  (i) Unique Identification Numbers.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary, acting through 
        the Commissioner of Food and Drugs, shall conduct a 
        study regarding the need for, and challenges associated 
        with, development and implementation of a program that 
        requires a unique identification number for each food 
        facility registered with the Secretary and, as 
        appropriate, each broker that imports food into the 
        United States. Such study shall include an evaluation 
        of the costs associated with development and 
        implementation of such a system, and make 
        recommendations about what new authorities, if any, 
        would be necessary to develop and implement such a 
        system.
          (2) Report.--Not later than 15 months after the date 
        of enactment of this Act, the Secretary shall submit to 
        Congress a report that describes the findings of the 
        study conducted under paragraph (1) and that includes 
        any recommendations determined appropriate by the 
        Secretary.

SEC. 6111. SANITARY TRANSPORTATION OF FOOD.

  (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall promulgate 
regulations described in section 416(b) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 350e(b)).
  (b) Food Transportation Study.--The Secretary, acting through 
the Commissioner of Food and Drugs, shall conduct a study of 
the transportation of food for consumption in the United 
States, including transportation by air, that includes an 
examination of the unique needs of rural and frontier areas 
with regard to the delivery of safe food.

SEC. 6112. FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT.

  (a) Definitions.--In this section:
          (1) Early childhood education program.--The term 
        ``early childhood education program'' means--
                  (A) a Head Start program or an Early Head 
                Start program carried out under the Head Start 
                Act (42 U.S.C. 9831 et seq.);
                  (B) a State licensed or regulated child care 
                program or school; or
                  (C) a State prekindergarten program that 
                serves children from birth through 
                kindergarten.
          (2) ESEA definitions.--The terms ``local educational 
        agency'', ``secondary school'', ``elementary school'', 
        and ``parent'' have the meanings given the terms in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
          (3) School.--The term ``school'' includes public--
                  (A) kindergartens;
                  (B) elementary schools; and
                  (C) secondary schools.
          (4) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.
  (b) Establishment of Voluntary Food Allergy and Anaphylaxis 
Management Guidelines.--
          (1) Establishment.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of this Act, the 
                Secretary, in consultation with the Secretary 
                of Education, shall--
                          (i) develop guidelines to be used on 
                        a voluntary basis to develop plans for 
                        individuals to manage the risk of food 
                        allergy and anaphylaxis in schools and 
                        early childhood education programs; and
                          (ii) make such guidelines available 
                        to local educational agencies, schools, 
                        early childhood education programs, and 
                        other interested entities and 
                        individuals to be implemented on a 
                        voluntary basis only.
                  (B) Applicability of ferpa.--Each plan 
                described in subparagraph (A) that is developed 
                for an individual shall be considered an 
                education record for the purpose of section 444 
                of the General Education Provisions Act 
                (commonly referred to as the ``Family 
                Educational Rights and Privacy Act of 1974'') 
                (20 U.S.C. 1232g).
          (2) Contents.--The voluntary guidelines developed by 
        the Secretary under paragraph (1) shall address each of 
        the following and may be updated as the Secretary 
        determines necessary:
                  (A) Parental obligation to provide the school 
                or early childhood education program, prior to 
                the start of every school year, with--
                          (i) documentation from their child's 
                        physician or nurse--
                                  (I) supporting a diagnosis of 
                                food allergy, and any risk of 
                                anaphylaxis, if applicable;
                                  (II) identifying any food to 
                                which the child is allergic;
                                  (III) describing, if 
                                appropriate, any prior history 
                                of anaphylaxis;
                                  (IV) listing any medication 
                                prescribed for the child for 
                                the treatment of anaphylaxis;
                                  (V) detailing emergency 
                                treatment procedures in the 
                                event of a reaction;
                                  (VI) listing the signs and 
                                symptoms of a reaction; and
                                  (VII) assessing the child's 
                                readiness for self-
                                administration of prescription 
                                medication; and
                          (ii) a list of substitute meals that 
                        may be offered to the child by school 
                        or early childhood education program 
                        food service personnel.
                  (B) The creation and maintenance of an 
                individual plan for food allergy management, in 
                consultation with the parent, tailored to the 
                needs of each child with a documented risk for 
                anaphylaxis, including any procedures for the 
                self-administration of medication by such 
                children in instances where--
                          (i) the children are capable of self-
                        administering medication; and
                          (ii) such administration is not 
                        prohibited by State law.
                  (C) Communication strategies between 
                individual schools or early childhood education 
                programs and providers of emergency medical 
                services, including appropriate instructions 
                for emergency medical response.
                  (D) Strategies to reduce the risk of exposure 
                to anaphylactic causative agents in classrooms 
                and common school or early childhood education 
                program areas such as cafeterias.
                  (E) The dissemination of general information 
                on life-threatening food allergies to school or 
                early childhood education program staff, 
                parents, and children.
                  (F) Food allergy management training of 
                school or early childhood education program 
                personnel who regularly come into contact with 
                children with life-threatening food allergies.
                  (G) The authorization and training of school 
                or early childhood education program personnel 
                to administer epinephrine when the nurse is not 
                immediately available.
                  (H) The timely accessibility of epinephrine 
                by school or early childhood education program 
                personnel when the nurse is not immediately 
                available.
                  (I) The creation of a plan contained in each 
                individual plan for food allergy management 
                that addresses the appropriate response to an 
                incident of anaphylaxis of a child while such 
                child is engaged in extracurricular programs of 
                a school or early childhood education program, 
                such as nonacademic outings and field trips, 
                before- and after-school programs or before- 
                and after-early child education program 
                programs, and school-sponsored or early 
                childhood education program-sponsored programs 
                held on weekends.
                  (J) Maintenance of information for each 
                administration of epinephrine to a child at 
                risk for anaphylaxis and prompt notification to 
                parents.
                  (K) Other elements the Secretary determines 
                necessary for the management of food allergies 
                and anaphylaxis in schools and early childhood 
                education programs.
          (3) Relation to state law.--Nothing in this section 
        or the guidelines developed by the Secretary under 
        paragraph (1) shall be construed to preempt State law, 
        including any State law regarding whether students at 
        risk for anaphylaxis may self-administer medication.
  (c) School-based Food Allergy Management Grants.--
          (1) In general.--The Secretary may award grants to 
        local educational agencies to assist such agencies with 
        implementing voluntary food allergy and anaphylaxis 
        management guidelines described in subsection (b).
          (2) Application.--
                  (A) In general.--To be eligible to receive a 
                grant under this subsection, a local 
                educational agency shall submit an application 
                to the Secretary at such time, in such manner, 
                and including such information as the Secretary 
                may reasonably require.
                  (B) Contents.--Each application submitted 
                under subparagraph (A) shall include--
                          (i) an assurance that the local 
                        educational agency has developed plans 
                        in accordance with the food allergy and 
                        anaphylaxis management guidelines 
                        described in subsection (b);
                          (ii) a description of the activities 
                        to be funded by the grant in carrying 
                        out the food allergy and anaphylaxis 
                        management guidelines, including--
                                  (I) how the guidelines will 
                                be carried out at individual 
                                schools served by the local 
                                educational agency;
                                  (II) how the local 
                                educational agency will inform 
                                parents and students of the 
                                guidelines in place;
                                  (III) how school nurses, 
                                teachers, administrators, and 
                                other school-based staff will 
                                be made aware of, and given 
                                training on, when applicable, 
                                the guidelines in place; and
                                  (IV) any other activities 
                                that the Secretary determines 
                                appropriate;
                          (iii) an itemization of how grant 
                        funds received under this subsection 
                        will be expended;
                          (iv) a description of how adoption of 
                        the guidelines and implementation of 
                        grant activities will be monitored; and
                          (v) an agreement by the local 
                        educational agency to report 
                        information required by the Secretary 
                        to conduct evaluations under this 
                        subsection.
          (3) Use of funds.--Each local educational agency that 
        receives a grant under this subsection may use the 
        grant funds for the following:
                  (A) Purchase of materials and supplies, 
                including limited medical supplies such as 
                epinephrine and disposable wet wipes, to 
                support carrying out the food allergy and 
                anaphylaxis management guidelines described in 
                subsection (b).
                  (B) In partnership with local health 
                departments, school nurse, teacher, and 
                personnel training for food allergy management.
                  (C) Programs that educate students as to the 
                presence of, and policies and procedures in 
                place related to, food allergies and 
                anaphylactic shock.
                  (D) Outreach to parents.
                  (E) Any other activities consistent with the 
                guidelines described in subsection (b).
          (4) Duration of awards.--The Secretary may award 
        grants under this subsection for a period of not more 
        than 2 years. In the event the Secretary conducts a 
        program evaluation under this subsection, funding in 
        the second year of the grant, where applicable, shall 
        be contingent on a successful program evaluation by the 
        Secretary after the first year.
          (5) Limitation on grant funding.--The Secretary may 
        not provide grant funding to a local educational agency 
        under this subsection after such local educational 
        agency has received 2 years of grant funding under this 
        subsection.
          (6) Maximum amount of annual awards.--A grant awarded 
        under this subsection may not be made in an amount that 
        is more than $50,000 annually.
          (7) Priority.--In awarding grants under this 
        subsection, the Secretary shall give priority to local 
        educational agencies with the highest percentages of 
        children who are counted under section 1124(c) of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6333(c)).
          (8) Matching funds.--
                  (A) In general.--The Secretary may not award 
                a grant under this subsection unless the local 
                educational agency agrees that, with respect to 
                the costs to be incurred by such local 
                educational agency in carrying out the grant 
                activities, the local educational agency shall 
                make available (directly or through donations 
                from public or private entities) non-Federal 
                funds toward such costs in an amount equal to 
                not less than 25 percent of the amount of the 
                grant.
                  (B) Determination of amount of non-federal 
                contribution.--Non-Federal funds required under 
                subparagraph (A) may be cash or in kind, 
                including plant, equipment, or services. 
                Amounts provided by the Federal Government, and 
                any portion of any service subsidized by the 
                Federal Government, may not be included in 
                determining the amount of such non-Federal 
                funds.
          (9) Administrative funds.--A local educational agency 
        that receives a grant under this subsection may use not 
        more than 2 percent of the grant amount for 
        administrative costs related to carrying out this 
        subsection.
          (10) Progress and evaluations.--At the completion of 
        the grant period referred to in paragraph (4), a local 
        educational agency shall provide the Secretary with 
        information on how grant funds were spent and the 
        status of implementation of the food allergy and 
        anaphylaxis management guidelines described in 
        subsection (b).
          (11) Supplement, not supplant.--Grant funds received 
        under this subsection shall be used to supplement, and 
        not supplant, non-Federal funds and any other Federal 
        funds available to carry out the activities described 
        in this subsection.
          (12) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $30,000,000 for fiscal year 2011 and such 
        sums as may be necessary for each of the 4 succeeding 
        fiscal years.
  (d) Voluntary Nature of Guidelines.--
          (1) In general.--The food allergy and anaphylaxis 
        management guidelines developed by the Secretary under 
        subsection (b) are voluntary. Nothing in this section 
        or the guidelines developed by the Secretary under 
        subsection (b) shall be construed to require a local 
        educational agency to implement such guidelines.
          (2) Exception.--Notwithstanding paragraph (1), the 
        Secretary may enforce an agreement by a local 
        educational agency to implement food allergy and 
        anaphylaxis management guidelines as a condition of the 
        receipt of a grant under subsection (c).

SEC. 6113. NEW DIETARY INGREDIENTS.

  (a) In General.--Section 413 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 350b) is amended--
          (1) by redesignating subsection (c) as subsection 
        (d); and
          (2) by inserting after subsection (b) the following:
  ``(c) Notification.--
          ``(1) In general.--If the Secretary determines that 
        the information in a new dietary ingredient 
        notification submitted under this section for an 
        article purported to be a new dietary ingredient is 
        inadequate to establish that a dietary supplement 
        containing such article will reasonably be expected to 
        be safe because the article may be, or may contain, an 
        anabolic steroid or an analogue of an anabolic steroid, 
        the Secretary shall notify the Drug Enforcement 
        Administration of such determination. Such notification 
        by the Secretary shall include, at a minimum, the name 
        of the dietary supplement or article, the name of the 
        person or persons who marketed the product or made the 
        submission of information regarding the article to the 
        Secretary under this section, and any contact 
        information for such person or persons that the 
        Secretary has.
          ``(2) Definitions.--For purposes of this subsection--
                  ``(A) the term `anabolic steroid' has the 
                meaning given such term in section 102(41) of 
                the Controlled Substances Act; and
                  ``(B) the term `analogue of an anabolic 
                steroid' means a substance whose chemical 
                structure is substantially similar to the 
                chemical structure of an anabolic steroid.''.
  (b) Guidance.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall publish guidance 
that clarifies when a dietary supplement ingredient is a new 
dietary ingredient, when the manufacturer or distributor of a 
dietary ingredient or dietary supplement should provide the 
Secretary with information as described in section 413(a)(2) of 
the Federal Food, Drug, and Cosmetic Act, the evidence needed 
to document the safety of new dietary ingredients, and 
appropriate methods for establishing the identify of a new 
dietary ingredient.

SEC. 6114. REQUIREMENT FOR GUIDANCE RELATING TO POST-HARVEST PROCESSING 
                    OF RAW OYSTERS.

  (a) In General.--Not later than 90 days prior to the issuance 
of any guidance, regulation, or suggested amendment by the Food 
and Drug Administration to the National Shellfish Sanitation 
Program's Model Ordinance, or the issuance of any guidance or 
regulation by the Food and Drug Administration relating to the 
Seafood Hazard Analysis Critical Control Points Program of the 
Food and Drug Administration (parts 123 and 1240 of title 21, 
Code of Federal Regulations (or any successor regulations), 
where such guidance, regulation, or suggested amendment relates 
to post-harvest processing for raw oysters, the Secretary shall 
prepare and submit to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report which 
shall include--
          (1) an assessment of how post-harvest processing or 
        other equivalent controls feasibly may be implemented 
        in the fastest, safest, and most economical manner;
          (2) the projected public health benefits of any 
        proposed post-harvest processing;
          (3) the projected costs of compliance with such post-
        harvest processing measures;
          (4) the impact post-harvest processing is expected to 
        have on the sales, cost, and availability of raw 
        oysters;
          (5) criteria for ensuring post-harvest processing 
        standards will be applied equally to shellfish imported 
        from all nations of origin;
          (6) an evaluation of alternative measures to prevent, 
        eliminate, or reduce to an acceptable level the 
        occurrence of foodborne illness; and
          (7) the extent to which the Food and Drug 
        Administration has consulted with the States and other 
        regulatory agencies, as appropriate, with regard to 
        post-harvest processing measures.
  (b) Limitation.--Subsection (a) shall not apply to the 
guidance described in section 6103(h).
  (c) Review and Evaluation.--Not later than 30 days after the 
Secretary issues a proposed regulation or guidance described in 
subsection (a), the Comptroller General of the United States 
shall--
          (1) review and evaluate the report described in 
        subsection (a) and report to Congress on the findings 
        of the estimates and analysis in the report;
          (2) compare such proposed regulation or guidance to 
        similar regulations or guidance with respect to other 
        regulated foods, including a comparison of risks the 
        Secretary may find associated with seafood and the 
        instances of those risks in such other regulated foods; 
        and
          (3) evaluate the impact of post-harvest processing on 
        the competitiveness of the domestic oyster industry in 
        the United States and in international markets.
  (d) Waiver.--The requirement of preparing a report under 
subsection (a) shall be waived if the Secretary issues a 
guidance that is adopted as a consensus agreement between 
Federal and State regulators and the oyster industry, acting 
through the Interstate Shellfish Sanitation Conference.
  (e) Public Access.--Any report prepared under this section 
shall be made available to the public.

SEC. 6115. PORT SHOPPING.

  Until the date on which the Secretary promulgates a final 
rule that implements the amendments made by section 308 of the 
Public Health Security and Bioterrorism Preparedness and 
Response Act of 2002 (Public Law 107-188), the Secretary shall 
notify the Secretary of Homeland Security of all instances in 
which the Secretary refuses to admit a food into the United 
States under section 801(a) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 381(a)) so that the Secretary of 
Homeland Security, acting through the Commissioner of Customs 
and Border Protection, may prevent food refused admittance into 
the United States by a United States port of entry from being 
admitted by another United States port of entry, through the 
notification of other such United States ports of entry.

SEC. 6116. ALCOHOL-RELATED FACILITIES.

  (a) In General.--Except as provided by sections 6102, 6206, 
6207, 6302, 6304, 6402, 6403, and 6404 of this Act, and the 
amendments made by such sections, nothing in this Act, or the 
amendments made by this Act, shall be construed to apply to a 
facility that--
          (1) under the Federal Alcohol Administration Act (27 
        U.S.C. 201 et seq.) or chapter 51 of subtitle E of the 
        Internal Revenue Code of 1986 (26 U.S.C. 5001 et seq.) 
        is required to obtain a permit or to register with the 
        Secretary of the Treasury as a condition of doing 
        business in the United States; and
          (2) under section 415 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 350d) is required to register 
        as a facility because such facility is engaged in 
        manufacturing, processing, packing, or holding 1 or 
        more alcoholic beverages, with respect to the 
        activities of such facility that relate to the 
        manufacturing, processing, packing, or holding of 
        alcoholic beverages.
  (b) Limited Receipt and Distribution of Nonalcohol Food.--
Subsection (a) shall not apply to a facility engaged in the 
receipt and distribution of any nonalcohol food, except that 
such paragraph shall apply to a facility described in such 
paragraph that receives and distributes nonalcohol food, 
provided such food is received and distributed--
          (1) in a prepackaged form that prevents any direct 
        human contact with such food; and
          (2) in amounts that constitute not more than 5 
        percent of the overall sales of such facility, as 
        determined by the Secretary of the Treasury.
  (c) Rule of Construction.--Except as provided in subsections 
(a) and (b), this section shall not be construed to exempt any 
food, other than alcoholic beverages, as defined in section 214 
of the Federal Alcohol Administration Act (27 U.S.C. 214), from 
the requirements of this Act (including the amendments made by 
this Act).

   TITLE II--IMPROVING CAPACITY TO DETECT AND RESPOND TO FOOD SAFETY 
                                PROBLEMS

SEC. 6201. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES, 
                    FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL 
                    REPORT.

  (a) Targeting of Inspection Resources for Domestic 
Facilities, Foreign Facilities, and Ports of Entry.--Chapter IV 
(21 U.S.C. 341 et seq.), as amended by section 6106, is amended 
by adding at the end the following:

``SEC. 421. TARGETING OF INSPECTION RESOURCES FOR DOMESTIC FACILITIES, 
                    FOREIGN FACILITIES, AND PORTS OF ENTRY; ANNUAL 
                    REPORT.

  ``(a) Identification and Inspection of Facilities.--
          ``(1) Identification.--The Secretary shall identify 
        high-risk facilities and shall allocate resources to 
        inspect facilities according to the known safety risks 
        of the facilities, which shall be based on the 
        following factors:
                  ``(A) The known safety risks of the food 
                manufactured, processed, packed, or held at the 
                facility.
                  ``(B) The compliance history of a facility, 
                including with regard to food recalls, 
                outbreaks of foodborne illness, and violations 
                of food safety standards.
                  ``(C) The rigor and effectiveness of the 
                facility's hazard analysis and risk-based 
                preventive controls.
                  ``(D) Whether the food manufactured, 
                processed, packed, or held at the facility 
                meets the criteria for priority under section 
                801(h)(1).
                  ``(E) Whether the food or the facility that 
                manufactured, processed, packed, or held such 
                food has received a certification as described 
                in section 801(q) or 806, as appropriate.
                  ``(F) Any other criteria deemed necessary and 
                appropriate by the Secretary for purposes of 
                allocating inspection resources.
          ``(2) Inspections.--
                  ``(A) In general.--Beginning on the date of 
                enactment of the FDA Food Safety Modernization 
                Act, the Secretary shall increase the frequency 
                of inspection of all facilities.
                  ``(B) Domestic high-risk facilities.--The 
                Secretary shall increase the frequency of 
                inspection of domestic facilities identified 
                under paragraph (1) as high-risk facilities 
                such that each such facility is inspected--
                          ``(i) not less often than once in the 
                        5-year period following the date of 
                        enactment of the FDA Food Safety 
                        Modernization Act; and
                          ``(ii) not less often than once every 
                        3 years thereafter.
                  ``(C) Domestic non-high-risk facilities.--The 
                Secretary shall ensure that each domestic 
                facility that is not identified under paragraph 
                (1) as a high-risk facility is inspected--
                          ``(i) not less often than once in the 
                        7-year period following the date of 
                        enactment of the FDA Food Safety 
                        Modernization Act; and
                          ``(ii) not less often than once every 
                        5 years thereafter.
                  ``(D) Foreign facilities.--
                          ``(i) Year 1.--In the 1-year period 
                        following the date of enactment of the 
                        FDA Food Safety Modernization Act, the 
                        Secretary shall inspect not fewer than 
                        600 foreign facilities.
                          ``(ii) Subsequent years.--In each of 
                        the 5 years following the 1-year period 
                        described in clause (i), the Secretary 
                        shall inspect not fewer than twice the 
                        number of foreign facilities inspected 
                        by the Secretary during the previous 
                        year.
                  ``(E) Reliance on federal, state, or local 
                inspections.--In meeting the inspection 
                requirements under this subsection for domestic 
                facilities, the Secretary may rely on 
                inspections conducted by other Federal, State, 
                or local agencies under interagency agreements, 
                contracts, memoranda of understanding, or other 
                obligations.
  ``(b) Identification and Inspection at Ports of Entry.--The 
Secretary, in consultation with the Secretary of Homeland 
Security, shall allocate resources to inspect any article of 
food imported into the United States according to the known 
safety risks of the article of food, which shall be based on 
the following factors:
          ``(1) The known safety risks of the food imported.
          ``(2) The known safety risks of the countries or 
        regions of origin and countries through which such 
        article of food is transported.
          ``(3) The compliance history of the importer, 
        including with regard to food recalls, outbreaks of 
        foodborne illness, and violations of food safety 
        standards.
          ``(4) The rigor and effectiveness of the activities 
        conducted by the importer of such article of food to 
        satisfy the requirements of the foreign supplier 
        verification program under section 805.
          ``(5) Whether the food importer participates in the 
        voluntary qualified importer program under section 806.
          ``(6) Whether the food meets the criteria for 
        priority under section 801(h)(1).
          ``(7) Whether the food or the facility that 
        manufactured, processed, packed, or held such food 
        received a certification as described in section 801(q) 
        or 806.
          ``(8) Any other criteria deemed necessary and 
        appropriate by the Secretary for purposes of allocating 
        inspection resources.
  ``(c) Interagency Agreements With Respect to Seafood.--
          ``(1) In general.--The Secretary of Health and Human 
        Services, the Secretary of Commerce, the Secretary of 
        Homeland Security, the Chairman of the Federal Trade 
        Commission, and the heads of other appropriate agencies 
        may enter into such agreements as may be necessary or 
        appropriate to improve seafood safety.
          ``(2) Scope of agreements.--The agreements under 
        paragraph (1) may include--
                  ``(A) cooperative arrangements for examining 
                and testing seafood imports that leverage the 
                resources, capabilities, and authorities of 
                each party to the agreement;
                  ``(B) coordination of inspections of foreign 
                facilities to increase the percentage of 
                imported seafood and seafood facilities 
                inspected;
                  ``(C) standardization of data on seafood 
                names, inspection records, and laboratory 
                testing to improve interagency coordination;
                  ``(D) coordination to detect and investigate 
                violations under applicable Federal law;
                  ``(E) a process, including the use or 
                modification of existing processes, by which 
                officers and employees of the National Oceanic 
                and Atmospheric Administration may be duly 
                designated by the Secretary to carry out 
                seafood examinations and investigations under 
                section 801 of this Act or section 203 of the 
                Food Allergen Labeling and Consumer Protection 
                Act of 2004;
                  ``(F) the sharing of information concerning 
                observed noncompliance with United States food 
                requirements domestically and in foreign 
                nations and new regulatory decisions and 
                policies that may affect the safety of food 
                imported into the United States;
                  ``(G) conducting joint training on subjects 
                that affect and strengthen seafood inspection 
                effectiveness by Federal authorities; and
                  ``(H) outreach on Federal efforts to enhance 
                seafood safety and compliance with Federal food 
                safety requirements.
  ``(d) Coordination.--The Secretary shall improve coordination 
and cooperation with the Secretary of Agriculture and the 
Secretary of Homeland Security to target food inspection 
resources.
  ``(e) Facility.--For purposes of this section, the term 
`facility' means a domestic facility or a foreign facility that 
is required to register under section 415.''.
  (b) Annual Report.--Section 1003 (21 U.S.C. 393) is amended 
by adding at the end the following:
  ``(h) Annual Report Regarding Food.--Not later than February 
1 of each year, the Secretary shall submit to Congress a 
report, including efforts to coordinate and cooperate with 
other Federal agencies with responsibilities for food 
inspections, regarding--
          ``(1) information about food facilities including--
                  ``(A) the appropriations used to inspect 
                facilities registered pursuant to section 415 
                in the previous fiscal year;
                  ``(B) the average cost of both a non-high-
                risk food facility inspection and a high-risk 
                food facility inspection, if such a difference 
                exists, in the previous fiscal year;
                  ``(C) the number of domestic facilities and 
                the number of foreign facilities registered 
                pursuant to section 415 that the Secretary 
                inspected in the previous fiscal year;
                  ``(D) the number of domestic facilities and 
                the number of foreign facilities registered 
                pursuant to section 415 that were scheduled for 
                inspection in the previous fiscal year and 
                which the Secretary did not inspect in such 
                year;
                  ``(E) the number of high-risk facilities 
                identified pursuant to section 421 that the 
                Secretary inspected in the previous fiscal 
                year; and
                  ``(F) the number of high-risk facilities 
                identified pursuant to section 421 that were 
                scheduled for inspection in the previous fiscal 
                year and which the Secretary did not inspect in 
                such year.
          ``(2) information about food imports including--
                  ``(A) the number of lines of food imported 
                into the United States that the Secretary 
                physically inspected or sampled in the previous 
                fiscal year;
                  ``(B) the number of lines of food imported 
                into the United States that the Secretary did 
                not physically inspect or sample in the 
                previous fiscal year; and
                  ``(C) the average cost of physically 
                inspecting or sampling a line of food subject 
                to this Act that is imported or offered for 
                import into the United States; and
          ``(3) information on the foreign offices of the Food 
        and Drug Administration including--
                  ``(A) the number of foreign offices 
                established; and
                  ``(B) the number of personnel permanently 
                stationed in each foreign office.
  ``(i) Public Availability of Annual Food Reports.--The 
Secretary shall make the reports required under subsection (h) 
available to the public on the Internet Web site of the Food 
and Drug Administration.''.
  (c) Advisory Committee Consultation.--In allocating 
inspection resources as described in section 421 of the Federal 
Food, Drug, and Cosmetic Act (as added by subsection (a)), the 
Secretary may, as appropriate, consult with any relevant 
advisory committee within the Department of Health and Human 
Services.

SEC. 6202. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.

  (a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as 
amended by section 6201, is amended by adding at the end the 
following:

``SEC. 422. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.

  ``(a) Recognition of Laboratory Accreditation.--
          ``(1) In general.--Not later than 2 years after the 
        date of enactment of the FDA Food Safety Modernization 
        Act, the Secretary shall--
                  ``(A) establish a program for the testing of 
                food by accredited laboratories;
                  ``(B) establish a publicly available registry 
                of accreditation bodies recognized by the 
                Secretary and laboratories accredited by a 
                recognized accreditation body, including the 
                name of, contact information for, and other 
                information deemed appropriate by the Secretary 
                about such bodies and laboratories; and
                  ``(C) require, as a condition of recognition 
                or accreditation, as appropriate, that 
                recognized accreditation bodies and accredited 
                laboratories report to the Secretary any 
                changes that would affect the recognition of 
                such accreditation body or the accreditation of 
                such laboratory.
          ``(2) Program requirements.--The program established 
        under paragraph (1)(A) shall provide for the 
        recognition of laboratory accreditation bodies that 
        meet criteria established by the Secretary for 
        accreditation of laboratories, including independent 
        private laboratories and laboratories run and operated 
        by a Federal agency (including the Department of 
        Commerce), State, or locality with a demonstrated 
        capability to conduct 1 or more sampling and analytical 
        testing methodologies for food.
          ``(3) Increasing the number of qualified 
        laboratories.--The Secretary shall work with the 
        laboratory accreditation bodies recognized under 
        paragraph (1), as appropriate, to increase the number 
        of qualified laboratories that are eligible to perform 
        testing under subsection (b) beyond the number so 
        qualified on the date of enactment of the FDA Food 
        Safety Modernization Act.
          ``(4) Limited distribution.--In the interest of 
        national security, the Secretary, in coordination with 
        the Secretary of Homeland Security, may determine the 
        time, manner, and form in which the registry 
        established under paragraph (1)(B) is made publicly 
        available.
          ``(5) Foreign laboratories.--Accreditation bodies 
        recognized by the Secretary under paragraph (1) may 
        accredit laboratories that operate outside the United 
        States, so long as such laboratories meet the 
        accreditation standards applicable to domestic 
        laboratories accredited under this section.
          ``(6) Model laboratory standards.--The Secretary 
        shall develop model standards that a laboratory shall 
        meet to be accredited by a recognized accreditation 
        body for a specified sampling or analytical testing 
        methodology and included in the registry provided for 
        under paragraph (1). In developing the model standards, 
        the Secretary shall consult existing standards for 
        guidance. The model standards shall include--
                  ``(A) methods to ensure that--
                          ``(i) appropriate sampling, 
                        analytical procedures (including rapid 
                        analytical procedures), and 
                        commercially available techniques are 
                        followed and reports of analyses are 
                        certified as true and accurate;
                          ``(ii) internal quality systems are 
                        established and maintained;
                          ``(iii) procedures exist to evaluate 
                        and respond promptly to complaints 
                        regarding analyses and other activities 
                        for which the laboratory is accredited; 
                        and
                          ``(iv) individuals who conduct the 
                        sampling and analyses are qualified by 
                        training and experience to do so; and
                  ``(B) any other criteria determined 
                appropriate by the Secretary.
          ``(7) Review of recognition.--To ensure compliance 
        with the requirements of this section, the Secretary--
                  ``(A) shall periodically, and in no case less 
                than once every 5 years, reevaluate 
                accreditation bodies recognized under paragraph 
                (1) and may accompany auditors from an 
                accreditation body to assess whether the 
                accreditation body meets the criteria for 
                recognition; and
                  ``(B) shall promptly revoke the recognition 
                of any accreditation body found not to be in 
                compliance with the requirements of this 
                section, specifying, as appropriate, any terms 
                and conditions necessary for laboratories 
                accredited by such body to continue to perform 
                testing as described in this section.
  ``(b) Testing Procedures.--
          ``(1) In general.--Not later than 30 months after the 
        date of enactment of the FDA Food Safety Modernization 
        Act, food testing shall be conducted by Federal 
        laboratories or non-Federal laboratories that have been 
        accredited for the appropriate sampling or analytical 
        testing methodology or methodologies by a recognized 
        accreditation body on the registry established by the 
        Secretary under subsection (a)(1)(B) whenever such 
        testing is conducted--
                  ``(A) by or on behalf of an owner or 
                consignee--
                          ``(i) in response to a specific 
                        testing requirement under this Act or 
                        implementing regulations, when applied 
                        to address an identified or suspected 
                        food safety problem; and
                          ``(ii) as required by the Secretary, 
                        as the Secretary deems appropriate, to 
                        address an identified or suspected food 
                        safety problem; or
                  ``(B) on behalf of an owner or consignee--
                          ``(i) in support of admission of an 
                        article of food under section 801(a); 
                        and
                          ``(ii) under an Import Alert that 
                        requires successful consecutive tests.
          ``(2) Results of testing.--The results of any such 
        testing shall be sent directly to the Food and Drug 
        Administration, except the Secretary may by regulation 
        exempt test results from such submission requirement if 
        the Secretary determines that such results do not 
        contribute to the protection of public health. Test 
        results required to be submitted may be submitted to 
        the Food and Drug Administration through electronic 
        means.
          ``(3) Exception.--The Secretary may waive 
        requirements under this subsection if--
                  ``(A) a new methodology or methodologies have 
                been developed and validated but a laboratory 
                has not yet been accredited to perform such 
                methodology or methodologies; and
                  ``(B) the use of such methodology or 
                methodologies are necessary to prevent, 
                control, or mitigate a food emergency or 
                foodborne illness outbreak.
  ``(c) Review by Secretary.--If food sampling and testing 
performed by a laboratory run and operated by a State or 
locality that is accredited by a recognized accreditation body 
on the registry established by the Secretary under subsection 
(a) result in a State recalling a food, the Secretary shall 
review the sampling and testing results for the purpose of 
determining the need for a national recall or other compliance 
and enforcement activities.
  ``(d) No Limit on Secretarial Authority.--Nothing in this 
section shall be construed to limit the ability of the 
Secretary to review and act upon information from food testing, 
including determining the sufficiency of such information and 
testing.''.
  (b) Food Emergency Response Network.--The Secretary, in 
coordination with the Secretary of Agriculture, the Secretary 
of Homeland Security, and State, local, and tribal governments 
shall, not later than 180 days after the date of enactment of 
this Act, and biennially thereafter, submit to the relevant 
committees of Congress, and make publicly available on the 
Internet Web site of the Department of Health and Human 
Services, a report on the progress in implementing a national 
food emergency response laboratory network that--
          (1) provides ongoing surveillance, rapid detection, 
        and surge capacity for large-scale food-related 
        emergencies, including intentional adulteration of the 
        food supply;
          (2) coordinates the food laboratory capacities of 
        State, local, and tribal food laboratories, including 
        the adoption of novel surveillance and identification 
        technologies and the sharing of data among Federal 
        agencies and State laboratories to develop national 
        situational awareness;
          (3) provides accessible, timely, accurate, and 
        consistent food laboratory services throughout the 
        United States;
          (4) develops and implements a methods repository for 
        use by Federal, State, and local officials;
          (5) responds to food-related emergencies; and
          (6) is integrated with relevant laboratory networks 
        administered by other Federal agencies.

SEC. 6203. INTEGRATED CONSORTIUM OF LABORATORY NETWORKS.

  (a) In General.--The Secretary of Homeland Security, in 
coordination with the Secretary of Health and Human Services, 
the Secretary of Agriculture, the Secretary of Commerce, and 
the Administrator of the Environmental Protection Agency, shall 
maintain an agreement through which relevant laboratory network 
members, as determined by the Secretary of Homeland Security, 
shall--
          (1) agree on common laboratory methods in order to 
        reduce the time required to detect and respond to 
        foodborne illness outbreaks and facilitate the sharing 
        of knowledge and information relating to animal health, 
        agriculture, and human health;
          (2) identify means by which laboratory network 
        members could work cooperatively--
                  (A) to optimize national laboratory 
                preparedness; and
                  (B) to provide surge capacity during 
                emergencies; and
          (3) engage in ongoing dialogue and build 
        relationships that will support a more effective and 
        integrated response during emergencies.
  (b) Reporting Requirement.--The Secretary of Homeland 
Security shall, on a biennial basis, submit to the relevant 
committees of Congress, and make publicly available on the 
Internet Web site of the Department of Homeland Security, a 
report on the progress of the integrated consortium of 
laboratory networks, as established under subsection (a), in 
carrying out this section.

SEC. 6204. ENHANCING TRACKING AND TRACING OF FOOD AND RECORDKEEPING.

  (a) Pilot Projects.--
          (1) In general.--Not later than 270 days after the 
        date of enactment of this Act, the Secretary of Health 
        and Human Services (referred to in this section as the 
        ``Secretary''), taking into account recommendations 
        from the Secretary of Agriculture and representatives 
        of State departments of health and agriculture, shall 
        establish pilot projects in coordination with the food 
        industry to explore and evaluate methods to rapidly and 
        effectively identify recipients of food to prevent or 
        mitigate a foodborne illness outbreak and to address 
        credible threats of serious adverse health consequences 
        or death to humans or animals as a result of such food 
        being adulterated under section 402 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 342) or 
        misbranded under section 403(w) of such Act (21 U.S.C. 
        343(w)).
          (2) Content.--The Secretary shall conduct 1 or more 
        pilot projects under paragraph (1) in coordination with 
        the processed food sector and 1 or more such pilot 
        projects in coordination with processors or 
        distributors of fruits and vegetables that are raw 
        agricultural commodities. The Secretary shall ensure 
        that the pilot projects under paragraph (1) reflect the 
        diversity of the food supply and include at least 3 
        different types of foods that have been the subject of 
        significant outbreaks during the 5-year period 
        preceding the date of enactment of this Act, and are 
        selected in order to--
                  (A) develop and demonstrate methods for rapid 
                and effective tracking and tracing of foods in 
                a manner that is practicable for facilities of 
                varying sizes, including small businesses;
                  (B) develop and demonstrate appropriate 
                technologies, including technologies existing 
                on the date of enactment of this Act, that 
                enhance the tracking and tracing of food; and
                  (C) inform the promulgation of regulations 
                under subsection (d).
          (3) Report.--Not later than 18 months after the date 
        of enactment of this Act, the Secretary shall report to 
        Congress on the findings of the pilot projects under 
        this subsection together with recommendations for 
        improving the tracking and tracing of food.
  (b) Additional Data Gathering.--
          (1) In general.--The Secretary, in coordination with 
        the Secretary of Agriculture and multiple 
        representatives of State departments of health and 
        agriculture, shall assess--
                  (A) the costs and benefits associated with 
                the adoption and use of several product tracing 
                technologies, including technologies used in 
                the pilot projects under subsection (a);
                  (B) the feasibility of such technologies for 
                different sectors of the food industry, 
                including small businesses; and
                  (C) whether such technologies are compatible 
                with the requirements of this subsection.
          (2) Requirements.--To the extent practicable, in 
        carrying out paragraph (1), the Secretary shall--
                  (A) evaluate domestic and international 
                product tracing practices in commercial use;
                  (B) consider international efforts, including 
                an assessment of whether product tracing 
                requirements developed under this section are 
                compatible with global tracing systems, as 
                appropriate; and
                  (C) consult with a diverse and broad range of 
                experts and stakeholders, including 
                representatives of the food industry, 
                agricultural producers, and nongovernmental 
                organizations that represent the interests of 
                consumers.
  (c) Product Tracing System.--The Secretary, in consultation 
with the Secretary of Agriculture, shall, as appropriate, 
establish within the Food and Drug Administration a product 
tracing system to receive information that improves the 
capacity of the Secretary to effectively and rapidly track and 
trace food that is in the United States or offered for import 
into the United States. Prior to the establishment of such 
product tracing system, the Secretary shall examine the results 
of applicable pilot projects and shall ensure that the 
activities of such system are adequately supported by the 
results of such pilot projects.
  (d) Additional Recordkeeping Requirements for High-risk 
Foods.--
          (1) In general.--In order to rapidly and effectively 
        identify recipients of a food to prevent or mitigate a 
        foodborne illness outbreak and to address credible 
        threats of serious adverse health consequences or death 
        to humans or animals as a result of such food being 
        adulterated under section 402 of the Federal Food, 
        Drug, and Cosmetic Act or misbranded under section 
        403(w) of such Act, not later than 2 years after the 
        date of enactment of this Act, the Secretary shall 
        publish a notice of proposed rulemaking to establish 
        recordkeeping requirements, in addition to the 
        requirements under section 414 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 350c) and subpart J 
        of part 1 of title 21, Code of Federal Regulations (or 
        any successor regulations), for facilities that 
        manufacture, process, pack, or hold foods that the 
        Secretary designates under paragraph (2) as high-risk 
        foods. The Secretary shall set an appropriate effective 
        date of such additional requirements for foods 
        designated as high risk that takes into account the 
        length of time necessary to comply with such 
        requirements. Such requirements shall--
                  (A) relate only to information that is 
                reasonably available and appropriate;
                  (B) be science-based;
                  (C) not prescribe specific technologies for 
                the maintenance of records;
                  (D) ensure that the public health benefits of 
                imposing additional recordkeeping requirements 
                outweigh the cost of compliance with such 
                requirements;
                  (E) be scale-appropriate and practicable for 
                facilities of varying sizes and capabilities 
                with respect to costs and recordkeeping 
                burdens, and not require the creation and 
                maintenance of duplicate records where the 
                information is contained in other company 
                records kept in the normal course of business;
                  (F) minimize the number of different 
                recordkeeping requirements for facilities that 
                handle more than 1 type of food;
                  (G) to the extent practicable, not require a 
                facility to change business systems to comply 
                with such requirements;
                  (H) allow any person subject to this 
                subsection to maintain records required under 
                this subsection at a central or reasonably 
                accessible location provided that such records 
                can be made available to the Secretary not 
                later than 24 hours after the Secretary 
                requests such records;
                  (I) include a process by which the Secretary 
                may issue a waiver of the requirements under 
                this subsection if the Secretary determines 
                that such requirements would result in an 
                economic hardship for an individual facility or 
                a type of facility;
                  (J) be commensurate with the known safety 
                risks of the designated food;
                  (K) take into account international trade 
                obligations;
                  (L) not require--
                          (i) a full pedigree, or a record of 
                        the complete previous distribution 
                        history of the food from the point of 
                        origin of such food;
                          (ii) records of recipients of a food 
                        beyond the immediate subsequent 
                        recipient of such food; or
                          (iii) product tracking to the case 
                        level by persons subject to such 
                        requirements; and
                  (M) include a process by which the Secretary 
                may remove a high-risk food designation 
                developed under paragraph (2) for a food or 
                type of food.
          (2) Designation of high-risk foods.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of this Act, and 
                thereafter as the Secretary determines 
                necessary, the Secretary shall designate high-
                risk foods for which the additional 
                recordkeeping requirements described in 
                paragraph (1) are appropriate and necessary to 
                protect the public health. Each such 
                designation shall be based on--
                          (i) the known safety risks of a 
                        particular food, including the history 
                        and severity of foodborne illness 
                        outbreaks attributed to such food, 
                        taking into consideration foodborne 
                        illness data collected by the Centers 
                        for Disease Control and Prevention;
                          (ii) the likelihood that a particular 
                        food has a high potential risk for 
                        microbiological or chemical 
                        contamination or would support the 
                        growth of pathogenic microorganisms due 
                        to the nature of the food or the 
                        processes used to produce such food;
                          (iii) the point in the manufacturing 
                        process of the food where contamination 
                        is most likely to occur;
                          (iv) the likelihood of contamination 
                        and steps taken during the 
                        manufacturing process to reduce the 
                        possibility of contamination;
                          (v) the likelihood that consuming a 
                        particular food will result in a 
                        foodborne illness due to contamination 
                        of the food; and
                          (vi) the likely or known severity, 
                        including health and economic impacts, 
                        of a foodborne illness attributed to a 
                        particular food.
                  (B) List of high-risk foods.--At the time the 
                Secretary promulgates the final rules under 
                paragraph (1), the Secretary shall publish the 
                list of the foods designated under subparagraph 
                (A) as high-risk foods on the Internet website 
                of the Food and Drug Administration. The 
                Secretary may update the list to designate new 
                high-risk foods and to remove foods that are no 
                longer deemed to be high-risk foods, provided 
                that each such update to the list is consistent 
                with the requirements of this subsection and 
                notice of such update is published in the 
                Federal Register.
          (3) Protection of sensitive information.--In 
        promulgating regulations under this subsection, the 
        Secretary shall take appropriate measures to ensure 
        that there are effective procedures to prevent the 
        unauthorized disclosure of any trade secret or 
        confidential information that is obtained by the 
        Secretary pursuant to this section, including periodic 
        risk assessment and planning to prevent unauthorized 
        release and controls to--
                  (A) prevent unauthorized reproduction of 
                trade secret or confidential information;
                  (B) prevent unauthorized access to trade 
                secret or confidential information; and
                  (C) maintain records with respect to access 
                by any person to trade secret or confidential 
                information maintained by the agency.
          (4) Public input.--During the comment period in the 
        notice of proposed rulemaking under paragraph (1), the 
        Secretary shall conduct not less than 3 public meetings 
        in diverse geographical areas of the United States to 
        provide persons in different regions an opportunity to 
        comment.
          (5) Retention of records.--Except as otherwise 
        provided in this subsection, the Secretary may require 
        that a facility retain records under this subsection 
        for not more than 2 years, taking into consideration 
        the risk of spoilage, loss of value, or loss of 
        palatability of the applicable food when determining 
        the appropriate timeframes.
          (6) Limitations.--
                  (A) Farm-to-school programs.--In establishing 
                requirements under this subsection, the 
                Secretary shall, in consultation with the 
                Secretary of Agriculture, consider the impact 
                of requirements on farm-to-school or farm-to-
                institution programs of the Department of 
                Agriculture and other farm-to-school and farm-
                to-institution programs outside such agency, 
                and shall modify the requirements under this 
                subsection, as appropriate, with respect to 
                such programs so that the requirements do not 
                place undue burdens on farm-to-school or farm-
                to-institution programs.
                  (B) Identity-preserved labels with respect to 
                farm sales of food that is produced and 
                packaged on a farm.--The requirements under 
                this subsection shall not apply to a food that 
                is produced and packaged on a farm if--
                          (i) the packaging of the food 
                        maintains the integrity of the product 
                        and prevents subsequent contamination 
                        or alteration of the product; and
                          (ii) the labeling of the food 
                        includes the name, complete address 
                        (street address, town, State, country, 
                        and zip or other postal code), and 
                        business phone number of the farm, 
                        unless the Secretary waives the 
                        requirement to include a business phone 
                        number of the farm, as appropriate, in 
                        order to accommodate a religious belief 
                        of the individual in charge of such 
                        farm.
                  (C) Fishing vessels.--The requirements under 
                this subsection with respect to a food that is 
                produced through the use of a fishing vessel 
                (as defined in section 3(18) of the Magnuson-
                Stevens Fishery Conservation and Management Act 
                (16 U.S.C. 1802(18))) shall be limited to the 
                requirements under subparagraph (F) until such 
                time as the food is sold by the owner, 
                operator, or agent in charge of such fishing 
                vessel.
                  (D) Commingled raw agricultural 
                commodities.--
                          (i) Limitation on extent of 
                        tracing.--Recordkeeping requirements 
                        under this subsection with regard to 
                        any commingled raw agricultural 
                        commodity shall be limited to the 
                        requirements under subparagraph (F).
                          (ii) Definitions.--For the purposes 
                        of this subparagraph--
                                  (I) the term ``commingled raw 
                                agricultural commodity'' means 
                                any commodity that is combined 
                                or mixed after harvesting, but 
                                before processing;
                                  (II) the term ``commingled 
                                raw agricultural commodity'' 
                                shall not include types of 
                                fruits and vegetables that are 
                                raw agricultural commodities 
                                for which the Secretary has 
                                determined that standards 
                                promulgated under section 419 
                                of the Federal Food, Drug, and 
                                Cosmetic Act (as added by 
                                section 6105) would minimize 
                                the risk of serious adverse 
                                health consequences or death; 
                                and
                                  (III) the term ``processing'' 
                                means operations that alter the 
                                general state of the commodity, 
                                such as canning, cooking, 
                                freezing, dehydration, milling, 
                                grinding, pasteurization, or 
                                homogenization.
                  (E) Exemption of other foods.--The Secretary 
                may, by notice in the Federal Register, modify 
                the requirements under this subsection with 
                respect to, or exempt a food or a type of 
                facility from, the requirements of this 
                subsection (other than the requirements under 
                subparagraph (F), if applicable) if the 
                Secretary determines that product tracing 
                requirements for such food (such as bulk or 
                commingled ingredients that are intended to be 
                processed to destroy pathogens) or type of 
                facility is not necessary to protect the public 
                health.
                  (F) Recordkeeping regarding previous sources 
                and subsequent recipients.--In the case of a 
                person or food to which a limitation or 
                exemption under subparagraph (C), (D), or (E) 
                applies, if such person, or a person who 
                manufactures, processes, packs, or holds such 
                food, is required to register with the 
                Secretary under section 415 of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 350d) 
                with respect to the manufacturing, processing, 
                packing, or holding of the applicable food, the 
                Secretary shall require such person to maintain 
                records that identify the immediate previous 
                source of such food and the immediate 
                subsequent recipient of such food.
                  (G) Grocery stores.--With respect to a sale 
                of a food described in subparagraph (H) to a 
                grocery store, the Secretary shall not require 
                such grocery store to maintain records under 
                this subsection other than records documenting 
                the farm that was the source of such food. The 
                Secretary shall not require that such records 
                be kept for more than 180 days.
                  (H) Farm sales to consumers.--The Secretary 
                shall not require a farm to maintain any 
                distribution records under this subsection with 
                respect to a sale of a food described in 
                subparagraph (I) (including a sale of a food 
                that is produced and packaged on such farm), if 
                such sale is made by the farm directly to a 
                consumer.
                  (I) Sale of a food.--A sale of a food 
                described in this subparagraph is a sale of a 
                food in which--
                          (i) the food is produced on a farm; 
                        and
                          (ii) the sale is made by the owner, 
                        operator, or agent in charge of such 
                        farm directly to a consumer or grocery 
                        store.
          (7) No impact on non-high-risk foods.--The 
        recordkeeping requirements established under paragraph 
        (1) shall have no effect on foods that are not 
        designated by the Secretary under paragraph (2) as 
        high-risk foods. Foods described in the preceding 
        sentence shall be subject solely to the recordkeeping 
        requirements under section 414 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 350c) and subpart J 
        of part 1 of title 21, Code of Federal Regulations (or 
        any successor regulations).
  (e) Evaluation and Recommendations.--
          (1) Report.--Not later than 1 year after the 
        effective date of the final rule promulgated under 
        subsection (d)(1), the Comptroller General of the 
        United States shall submit to Congress a report, taking 
        into consideration the costs of compliance and other 
        regulatory burdens on small businesses and Federal, 
        State, and local food safety practices and 
        requirements, that evaluates the public health benefits 
        and risks, if any, of limiting--
                  (A) the product tracing requirements under 
                subsection (d) to foods identified under 
                paragraph (2) of such subsection, including 
                whether such requirements provide adequate 
                assurance of traceability in the event of 
                intentional adulteration, including by acts of 
                terrorism; and
                  (B) the participation of restaurants in the 
                recordkeeping requirements.
          (2) Determination and recommendations.--In conducting 
        the evaluation and report under paragraph (1), if the 
        Comptroller General of the United States determines 
        that the limitations described in such paragraph do not 
        adequately protect the public health, the Comptroller 
        General shall submit to Congress recommendations, if 
        appropriate, regarding recordkeeping requirements for 
        restaurants and additional foods, in order to protect 
        the public health.
  (f) Farms.--
          (1) Request for information.--Notwithstanding 
        subsection (d), during an active investigation of a 
        foodborne illness outbreak, or if the Secretary 
        determines it is necessary to protect the public health 
        and prevent or mitigate a foodborne illness outbreak, 
        the Secretary, in consultation and coordination with 
        State and local agencies responsible for food safety, 
        as appropriate, may request that the owner, operator, 
        or agent of a farm identify potential immediate 
        recipients, other than consumers, of an article of the 
        food that is the subject of such investigation if the 
        Secretary reasonably believes such article of food--
                  (A) is adulterated under section 402 of the 
                Federal Food, Drug, and Cosmetic Act;
                  (B) presents a threat of serious adverse 
                health consequences or death to humans or 
                animals; and
                  (C) was adulterated as described in 
                subparagraph (A) on a particular farm (as 
                defined in section 1.227 of chapter 21, Code of 
                Federal Regulations (or any successor 
                regulation)).
          (2) Manner of request.--In making a request under 
        paragraph (1), the Secretary, in consultation and 
        coordination with State and local agencies responsible 
        for food safety, as appropriate, shall issue a written 
        notice to the owner, operator, or agent of the farm to 
        which the article of food has been traced. The 
        individual providing such notice shall present to such 
        owner, operator, or agent appropriate credentials and 
        shall deliver such notice at reasonable times and 
        within reasonable limits and in a reasonable manner.
          (3) Delivery of information requested.--The owner, 
        operator, or agent of a farm shall deliver the 
        information requested under paragraph (1) in a prompt 
        and reasonable manner. Such information may consist of 
        records kept in the normal course of business, and may 
        be in electronic or nonelectronic format.
          (4) Limitation.--A request made under paragraph (1) 
        shall not include a request for information relating to 
        the finances, pricing of commodities produced, 
        personnel, research, sales (other than information 
        relating to shipping), or other disclosures that may 
        reveal trade secrets or confidential information from 
        the farm to which the article of food has been traced, 
        other than information necessary to identify potential 
        immediate recipients of such food. Section 301(j) of 
        the Federal Food, Drug, and Cosmetic Act and the 
        Freedom of Information Act shall apply with respect to 
        any confidential commercial information that is 
        disclosed to the Food and Drug Administration in the 
        course of responding to a request under paragraph (1).
          (5) Records.--Except with respect to identifying 
        potential immediate recipients in response to a request 
        under this subsection, nothing in this subsection shall 
        require the establishment or maintenance by farms of 
        new records.
  (g) No Limitation on Commingling of Food.--Nothing in this 
section shall be construed to authorize the Secretary to impose 
any limitation on the commingling of food.
  (h) Small Entity Compliance Guide.--Not later than 180 days 
after promulgation of a final rule under subsection (d), the 
Secretary shall issue a small entity compliance guide setting 
forth in plain language the requirements of the regulations 
under such subsection in order to assist small entities, 
including farms and small businesses, in complying with the 
recordkeeping requirements under such subsection.
  (i) Flexibility for Small Businesses.--Notwithstanding any 
other provision of law, the regulations promulgated under 
subsection (d) shall apply--
          (1) to small businesses (as defined by the Secretary 
        in section 6103, not later than 90 days after the date 
        of enactment of this Act) beginning on the date that is 
        1 year after the effective date of the final 
        regulations promulgated under subsection (d); and
          (2) to very small businesses (as defined by the 
        Secretary in section 6103, not later than 90 days after 
        the date of enactment of this Act) beginning on the 
        date that is 2 years after the effective date of the 
        final regulations promulgated under subsection (d).
  (j) Enforcement.--
          (1) Prohibited acts.--Section 301(e) (21 U.S.C. 
        331(e)) is amended by inserting ``; or the violation of 
        any recordkeeping requirement under section 6204 of the 
        FDA Food Safety Modernization Act (except when such 
        violation is committed by a farm)'' before the period 
        at the end.
          (2) Imports.--Section 801(a) (21 U.S.C. 381(a)) is 
        amended by inserting ``or (4) the recordkeeping 
        requirements under section 6204 of the FDA Food Safety 
        Modernization Act (other than the requirements under 
        subsection (f) of such section) have not been complied 
        with regarding such article,'' in the third sentence 
        before ``then such article shall be refused 
        admission''.

SEC. 6205. SURVEILLANCE.

  (a) Definition of Foodborne Illness Outbreak.--In this Act, 
the term ``foodborne illness outbreak'' means the occurrence of 
2 or more cases of a similar illness resulting from the 
ingestion of a certain food.
  (b) Foodborne Illness Surveillance Systems.--
          (1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and 
        Prevention, shall enhance foodborne illness 
        surveillance systems to improve the collection, 
        analysis, reporting, and usefulness of data on 
        foodborne illnesses by--
                  (A) coordinating Federal, State, and local 
                foodborne illness surveillance systems, 
                including complaint systems, and increasing 
                participation in national networks of public 
                health and food regulatory agencies and 
                laboratories;
                  (B) facilitating sharing of surveillance 
                information on a more timely basis among 
                governmental agencies, including the Food and 
                Drug Administration, the Department of 
                Agriculture, the Department of Homeland 
                Security, and State and local agencies, and 
                with the public;
                  (C) developing improved epidemiological tools 
                for obtaining quality exposure data and 
                microbiological methods for classifying cases;
                  (D) augmenting such systems to improve 
                attribution of a foodborne illness outbreak to 
                a specific food;
                  (E) expanding capacity of such systems, 
                including working toward automatic electronic 
                searches, for implementation of identification 
                practices, including fingerprinting strategies, 
                for foodborne infectious agents, in order to 
                identify new or rarely documented causes of 
                foodborne illness and submit standardized 
                information to a centralized database;
                  (F) allowing timely public access to 
                aggregated, de-identified surveillance data;
                  (G) at least annually, publishing current 
                reports on findings from such systems;
                  (H) establishing a flexible mechanism for 
                rapidly initiating scientific research by 
                academic institutions;
                  (I) integrating foodborne illness 
                surveillance systems and data with other 
                biosurveillance and public health situational 
                awareness capabilities at the Federal, State, 
                and local levels, including by sharing 
                foodborne illness surveillance data with the 
                National Biosurveillance Integration Center; 
                and
                  (J) other activities as determined 
                appropriate by the Secretary.
          (2) Working group.--The Secretary shall support and 
        maintain a diverse working group of experts and 
        stakeholders from Federal, State, and local food safety 
        and health agencies, the food and food testing 
        industries, consumer organizations, and academia. Such 
        working group shall provide the Secretary, through at 
        least annual meetings of the working group and an 
        annual public report, advice and recommendations on an 
        ongoing and regular basis regarding the improvement of 
        foodborne illness surveillance and implementation of 
        this section, including advice and recommendations on--
                  (A) the priority needs of regulatory 
                agencies, the food industry, and consumers for 
                information and analysis on foodborne illness 
                and its causes;
                  (B) opportunities to improve the 
                effectiveness of initiatives at the Federal, 
                State, and local levels, including coordination 
                and integration of activities among Federal 
                agencies, and among the Federal, State, and 
                local levels of government;
                  (C) improvement in the timeliness and depth 
                of access by regulatory and health agencies, 
                the food industry, academic researchers, and 
                consumers to foodborne illness aggregated, de-
                identified surveillance data collected by 
                government agencies at all levels, including 
                data compiled by the Centers for Disease 
                Control and Prevention;
                  (D) key barriers at Federal, State, and local 
                levels to improving foodborne illness 
                surveillance and the utility of such 
                surveillance for preventing foodborne illness;
                  (E) the capabilities needed for establishing 
                automatic electronic searches of surveillance 
                data; and
                  (F) specific actions to reduce barriers to 
                improvement, implement the working group's 
                recommendations, and achieve the purposes of 
                this section, with measurable objectives and 
                timelines, and identification of resource and 
                staffing needs.
          (3) Authorization of appropriations.--To carry out 
        the activities described in paragraph (1), there is 
        authorized to be appropriated $24,000,000 for each 
        fiscal years 2011 through 2015.
  (c) Improving Food Safety and Defense Capacity at the State 
and Local Level.--
          (1) In general.--The Secretary shall develop and 
        implement strategies to leverage and enhance the food 
        safety and defense capacities of State and local 
        agencies in order to achieve the following goals:
                  (A) Improve foodborne illness outbreak 
                response and containment.
                  (B) Accelerate foodborne illness surveillance 
                and outbreak investigation, including rapid 
                shipment of clinical isolates from clinical 
                laboratories to appropriate State laboratories, 
                and conducting more standardized illness 
                outbreak interviews.
                  (C) Strengthen the capacity of State and 
                local agencies to carry out inspections and 
                enforce safety standards.
                  (D) Improve the effectiveness of Federal, 
                State, and local partnerships to coordinate 
                food safety and defense resources and reduce 
                the incidence of foodborne illness.
                  (E) Share information on a timely basis among 
                public health and food regulatory agencies, 
                with the food industry, with health care 
                providers, and with the public.
                  (F) Strengthen the capacity of State and 
                local agencies to achieve the goals described 
                in section 6108.
          (2) Review.--In developing of the strategies required 
        by paragraph (1), the Secretary shall, not later than 1 
        year after the date of enactment of the FDA Food Safety 
        Modernization Act, complete a review of State and local 
        capacities, and needs for enhancement, which may 
        include a survey with respect to--
                  (A) staffing levels and expertise available 
                to perform food safety and defense functions;
                  (B) laboratory capacity to support 
                surveillance, outbreak response, inspection, 
                and enforcement activities;
                  (C) information systems to support data 
                management and sharing of food safety and 
                defense information among State and local 
                agencies and with counterparts at the Federal 
                level; and
                  (D) other State and local activities and 
                needs as determined appropriate by the 
                Secretary.
  (d) Food Safety Capacity Building Grants.--Section 317R(b) of 
the Public Health Service Act (42 U.S.C. 247b-20(b)) is 
amended--
          (1) by striking ``2002'' and inserting ``2010''; and
          (2) by striking ``2003 through 2006'' and inserting 
        ``2011 through 2015''.

SEC. 6206. MANDATORY RECALL AUTHORITY.

  (a) In General.--Chapter IV (21 U.S.C. 341 et seq.), as 
amended by section 6202, is amended by adding at the end the 
following:

``SEC. 423. MANDATORY RECALL AUTHORITY.

  ``(a) Voluntary Procedures.--If the Secretary determines, 
based on information gathered through the reportable food 
registry under section 417 or through any other means, that 
there is a reasonable probability that an article of food 
(other than infant formula) is adulterated under section 402 or 
misbranded under section 403(w) and the use of or exposure to 
such article will cause serious adverse health consequences or 
death to humans or animals, the Secretary shall provide the 
responsible party (as defined in section 417) with an 
opportunity to cease distribution and recall such article.
  ``(b) Prehearing Order To Cease Distribution and Give 
Notice.--
          ``(1) In general.--If the responsible party refuses 
        to or does not voluntarily cease distribution or recall 
        such article within the time and in the manner 
        prescribed by the Secretary (if so prescribed), the 
        Secretary may, by order require, as the Secretary deems 
        necessary, such person to--
                  ``(A) immediately cease distribution of such 
                article; and
                  ``(B) as applicable, immediately notify all 
                persons--
                          ``(i) manufacturing, processing, 
                        packing, transporting, distributing, 
                        receiving, holding, or importing and 
                        selling such article; and
                          ``(ii) to which such article has been 
                        distributed, transported, or sold, to 
                        immediately cease distribution of such 
                        article.
          ``(2) Required additional information.--
                  ``(A) In general.--If an article of food 
                covered by a recall order issued under 
                paragraph (1)(B) has been distributed to a 
                warehouse-based third-party logistics provider 
                without providing such provider sufficient 
                information to know or reasonably determine the 
                precise identity of the article of food covered 
                by a recall order that is in its possession, 
                the notice provided by the responsible party 
                subject to the order issued under paragraph 
                (1)(B) shall include such information as is 
                necessary for the warehouse-based third-party 
                logistics provider to identify the food.
                  ``(B) Rules of construction.--Nothing in this 
                paragraph shall be construed--
                          ``(i) to exempt a warehouse-based 
                        third-party logistics provider from the 
                        requirements of this Act, including the 
                        requirements in this section and 
                        section 414; or
                          ``(ii) to exempt a warehouse-based 
                        third party logistics provider from 
                        being the subject of a mandatory recall 
                        order.
          ``(3) Determination to limit areas affected.--If the 
        Secretary requires a responsible party to cease 
        distribution under paragraph (1)(A) of an article of 
        food identified in subsection (a), the Secretary may 
        limit the size of the geographic area and the markets 
        affected by such cessation if such limitation would not 
        compromise the public health.
  ``(c) Hearing on Order.--The Secretary shall provide the 
responsible party subject to an order under subsection (b) with 
an opportunity for an informal hearing, to be held as soon as 
possible, but not later than 2 days after the issuance of the 
order, on the actions required by the order and on why the 
article that is the subject of the order should not be 
recalled.
  ``(d) Post-hearing Recall Order and Modification of Order.--
          ``(1) Amendment of order.--If, after providing 
        opportunity for an informal hearing under subsection 
        (c), the Secretary determines that removal of the 
        article from commerce is necessary, the Secretary 
        shall, as appropriate--
                  ``(A) amend the order to require recall of 
                such article or other appropriate action;
                  ``(B) specify a timetable in which the recall 
                shall occur;
                  ``(C) require periodic reports to the 
                Secretary describing the progress of the 
                recall; and
                  ``(D) provide notice to consumers to whom 
                such article was, or may have been, 
                distributed.
          ``(2) Vacating of order.--If, after such hearing, the 
        Secretary determines that adequate grounds do not exist 
        to continue the actions required by the order, or that 
        such actions should be modified, the Secretary shall 
        vacate the order or modify the order.
  ``(e) Rule Regarding Alcoholic Beverages.--The Secretary 
shall not initiate a mandatory recall or take any other action 
under this section with respect to any alcohol beverage until 
the Secretary has provided the Alcohol and Tobacco Tax and 
Trade Bureau with a reasonable opportunity to cease 
distribution and recall such article under the Alcohol and 
Tobacco Tax and Trade Bureau authority.
  ``(f) Cooperation and Consultation.--The Secretary shall work 
with State and local public health officials in carrying out 
this section, as appropriate.
  ``(g) Public Notification.--In conducting a recall under this 
section, the Secretary shall--
          ``(1) ensure that a press release is published 
        regarding the recall, as well as alerts and public 
        notices, as appropriate, in order to provide 
        notification--
                  ``(A) of the recall to consumers and 
                retailers to whom such article was, or may have 
                been, distributed; and
                  ``(B) that includes, at a minimum--
                          ``(i) the name of the article of food 
                        subject to the recall;
                          ``(ii) a description of the risk 
                        associated with such article; and
                          ``(iii) to the extent practicable, 
                        information for consumers about similar 
                        articles of food that are not affected 
                        by the recall;
          ``(2) consult the policies of the Department of 
        Agriculture regarding providing to the public a list of 
        retail consignees receiving products involved in a 
        Class I recall and shall consider providing such a list 
        to the public, as determined appropriate by the 
        Secretary; and
          ``(3) if available, publish on the Internet Web site 
        of the Food and Drug Administration an image of the 
        article that is the subject of the press release 
        described in paragraph (1).
  ``(h) No Delegation.--The authority conferred by this section 
to order a recall or vacate a recall order shall not be 
delegated to any officer or employee other than the 
Commissioner.
  ``(i) Effect.--Nothing in this section shall affect the 
authority of the Secretary to request or participate in a 
voluntary recall, or to issue an order to cease distribution or 
to recall under any other provision of this Act or under the 
Public Health Service Act.
  ``(j) Coordinated Communication.--
          ``(1) In general.--To assist in carrying out the 
        requirements of this subsection, the Secretary shall 
        establish an incident command operation or a similar 
        operation within the Department of Health and Human 
        Services that will operate not later than 24 hours 
        after the initiation of a mandatory recall or the 
        recall of an article of food for which the use of, or 
        exposure to, such article will cause serious adverse 
        health consequences or death to humans or animals.
          ``(2) Requirements.--To reduce the potential for 
        miscommunication during recalls or regarding 
        investigations of a foodborne illness outbreak 
        associated with a food that is subject to a recall, 
        each incident command operation or similar operation 
        under paragraph (1) shall use regular staff and 
        resources of the Department of Health and Human 
        Services to--
                  ``(A) ensure timely and coordinated 
                communication within the Department, including 
                enhanced communication and coordination between 
                different agencies and organizations within the 
                Department;
                  ``(B) ensure timely and coordinated 
                communication from the Department, including 
                public statements, throughout the duration of 
                the investigation and related foodborne illness 
                outbreak;
                  ``(C) identify a single point of contact 
                within the Department for public inquiries 
                regarding any actions by the Secretary related 
                to a recall;
                  ``(D) coordinate with Federal, State, local, 
                and tribal authorities, as appropriate, that 
                have responsibilities related to the recall of 
                a food or a foodborne illness outbreak 
                associated with a food that is subject to the 
                recall, including notification of the Secretary 
                of Agriculture and the Secretary of Education 
                in the event such recalled food is a commodity 
                intended for use in a child nutrition program 
                (as identified in section 25(b) of the Richard 
                B. Russell National School Lunch Act (42 U.S.C. 
                1769f(b)); and
                  ``(E) conclude operations at such time as the 
                Secretary determines appropriate.
          ``(3) Multiple recalls.--The Secretary may establish 
        multiple or concurrent incident command operations or 
        similar operations in the event of multiple recalls or 
        foodborne illness outbreaks necessitating such action 
        by the Department of Health and Human Services.''.
  (b) Search Engine.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall modify the Internet 
Web site of the Food and Drug Administration to include a 
search engine that--
          (1) is consumer-friendly, as determined by the 
        Secretary; and
          (2) provides a means by which an individual may 
        locate relevant information regarding each article of 
        food subject to a recall under section 423 of the 
        Federal Food, Drug, and Cosmetic Act and the status of 
        such recall (such as whether a recall is ongoing or has 
        been completed).
  (c) Civil Penalty.--Section 303(f)(2)(A) (21 U.S.C. 
333(f)(2)(A)) is amended by inserting ``or any person who does 
not comply with a recall order under section 423'' after 
``section 402(a)(2)(B)''.
  (d) Prohibited Acts.--Section 301 (21 U.S.C. 331 et seq.), as 
amended by section 6106, is amended by adding at the end the 
following:
  ``(xx) The refusal or failure to follow an order under 
section 423.''.
  (e) GAO Review.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Comptroller General 
        of the United States shall submit to Congress a report 
        that--
                  (A) identifies State and local agencies with 
                the authority to require the mandatory recall 
                of food, and evaluates use of such authority 
                with regard to frequency, effectiveness, and 
                appropriateness, including consideration of any 
                new or existing mechanisms available to 
                compensate persons for general and specific 
                recall-related costs when a recall is 
                subsequently determined by the relevant 
                authority to have been an error;
                  (B) identifies Federal agencies, other than 
                the Department of Health and Human Services, 
                with mandatory recall authority and examines 
                use of that authority with regard to frequency, 
                effectiveness, and appropriateness, including 
                any new or existing mechanisms available to 
                compensate persons for general and specific 
                recall-related costs when a recall is 
                subsequently determined by the relevant agency 
                to have been an error;
                  (C) considers models for farmer restitution 
                implemented in other nations in cases of 
                erroneous recalls; and
                  (D) makes recommendations to the Secretary 
                regarding use of the authority under section 
                423 of the Federal Food, Drug, and Cosmetic Act 
                (as added by this section) to protect the 
                public health while seeking to minimize 
                unnecessary economic costs.
          (2) Effect of review.--If the Comptroller General of 
        the United States finds, after the review conducted 
        under paragraph (1), that the mechanisms described in 
        such paragraph do not exist or are inadequate, then, 
        not later than 90 days after the conclusion of such 
        review, the Secretary of Agriculture shall conduct a 
        study of the feasibility of implementing a farmer 
        indemnification program to provide restitution to 
        agricultural producers for losses sustained as a result 
        of a mandatory recall of an agricultural commodity by a 
        Federal or State regulatory agency that is subsequently 
        determined to be in error. The Secretary of Agriculture 
        shall submit to the Committee on Agriculture of the 
        House of Representatives and the Committee on 
        Agriculture, Nutrition, and Forestry of the Senate a 
        report that describes the results of the study, 
        including any recommendations.
  (f) Annual Report to Congress.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of this Act and annually thereafter, 
        the Secretary of Health and Human Services (referred to 
        in this subsection as the ``Secretary'') shall submit a 
        report to the Committee on Health, Education, Labor, 
        and Pensions of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives on the use 
        of recall authority under section 423 of the Federal 
        Food, Drug, and Cosmetic Act (as added by subsection 
        (a)) and any public health advisories issued by the 
        Secretary that advise against the consumption of an 
        article of food on the ground that the article of food 
        is adulterated and poses an imminent danger to health.
          (2) Content.--The report under paragraph (1) shall 
        include, with respect to the report year--
                  (A) the identity of each article of food that 
                was the subject of a public health advisory 
                described in paragraph (1), an opportunity to 
                cease distribution and recall under subsection 
                (a) of section 423 of the Federal Food, Drug, 
                and Cosmetic Act, or a mandatory recall order 
                under subsection (b) of such section;
                  (B) the number of responsible parties, as 
                defined in section 417 of the Federal Food, 
                Drug, and Cosmetic Act, formally given the 
                opportunity to cease distribution of an article 
                of food and recall such article, as described 
                in section 423(a) of such Act;
                  (C) the number of responsible parties 
                described in subparagraph (B) who did not cease 
                distribution of or recall an article of food 
                after given the opportunity to cease 
                distribution or recall under section 423(a) of 
                the Federal Food, Drug, and Cosmetic Act;
                  (D) the number of recall orders issued under 
                section 423(b) of the Federal Food, Drug, and 
                Cosmetic Act; and
                  (E) a description of any instances in which 
                there was no testing that confirmed 
                adulteration of an article of food that was the 
                subject of a recall under section 423(b) of the 
                Federal Food, Drug, and Cosmetic Act or a 
                public health advisory described in paragraph 
                (1).

SEC. 6207. ADMINISTRATIVE DETENTION OF FOOD.

  (a) In General.--Section 304(h)(1)(A) (21 U.S.C. 
334(h)(1)(A)) is amended by--
          (1) striking ``credible evidence or information 
        indicating'' and inserting ``reason to believe''; and
          (2) striking ``presents a threat of serious adverse 
        health consequences or death to humans or animals'' and 
        inserting ``is adulterated or misbranded''.
  (b) Regulations.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall issue an interim 
final rule amending subpart K of part 1 of title 21, Code of 
Federal Regulations, to implement the amendment made by this 
section.
  (c) Effective Date.--The amendment made by this section shall 
take effect 180 days after the date of enactment of this Act.

SEC. 6208. DECONTAMINATION AND DISPOSAL STANDARDS AND PLANS.

  (a) In General.--The Administrator of the Environmental 
Protection Agency (referred to in this section as the 
``Administrator''), in coordination with the Secretary of 
Health and Human Services, Secretary of Homeland Security, and 
Secretary of Agriculture, shall provide support for, and 
technical assistance to, State, local, and tribal governments 
in preparing for, assessing, decontaminating, and recovering 
from an agriculture or food emergency.
  (b) Development of Standards.--In carrying out subsection 
(a), the Administrator, in coordination with the Secretary of 
Health and Human Services, Secretary of Homeland Security, 
Secretary of Agriculture, and State, local, and tribal 
governments, shall develop and disseminate specific standards 
and protocols to undertake clean-up, clearance, and recovery 
activities following the decontamination and disposal of 
specific threat agents and foreign animal diseases.
  (c) Development of Model Plans.--In carrying out subsection 
(a), the Administrator, the Secretary of Health and Human 
Services, and the Secretary of Agriculture shall jointly 
develop and disseminate model plans for--
          (1) the decontamination of individuals, equipment, 
        and facilities following an intentional contamination 
        of agriculture or food; and
          (2) the disposal of large quantities of animals, 
        plants, or food products that have been infected or 
        contaminated by specific threat agents and foreign 
        animal diseases.
  (d) Exercises.--In carrying out subsection (a), the 
Administrator, in coordination with the entities described 
under subsection (b), shall conduct exercises at least annually 
to evaluate and identify weaknesses in the decontamination and 
disposal model plans described in subsection (c). Such 
exercises shall be carried out, to the maximum extent 
practicable, as part of the national exercise program under 
section 648(b)(1) of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 748(b)(1)).
  (e) Modifications.--Based on the exercises described in 
subsection (d), the Administrator, in coordination with the 
entities described in subsection (b), shall review and modify 
as necessary the plans described in subsection (c) not less 
frequently than biennially.
  (f) Prioritization.--The Administrator, in coordination with 
the entities described in subsection (b), shall develop 
standards and plans under subsections (b) and (c) in an 
identified order of priority that takes into account--
          (1) highest risk biological, chemical, and 
        radiological threat agents;
          (2) agents that could cause the greatest economic 
        devastation to the agriculture and food system; and
          (3) agents that are most difficult to clean or 
        remediate.

SEC. 6209. IMPROVING THE TRAINING OF STATE, LOCAL, TERRITORIAL, AND 
                    TRIBAL FOOD SAFETY OFFICIALS.

  (a) Improving Training.--Chapter X (21 U.S.C. 391 et seq.) is 
amended by adding at the end the following:

``SEC. 1012. IMPROVING THE TRAINING OF STATE, LOCAL, TERRITORIAL, AND 
                    TRIBAL FOOD SAFETY OFFICIALS.

  ``(a) Training.--The Secretary shall set standards and 
administer training and education programs for the employees of 
State, local, territorial, and tribal food safety officials 
relating to the regulatory responsibilities and policies 
established by this Act, including programs for--
          ``(1) scientific training;
          ``(2) training to improve the skill of officers and 
        employees authorized to conduct inspections under 
        sections 702 and 704;
          ``(3) training to achieve advanced product or process 
        specialization in such inspections;
          ``(4) training that addresses best practices;
          ``(5) training in administrative process and 
        procedure and integrity issues;
          ``(6) training in appropriate sampling and laboratory 
        analysis methodology; and
          ``(7) training in building enforcement actions 
        following inspections, examinations, testing, and 
        investigations.
  ``(b) Partnerships With State and Local Officials.--
          ``(1) In general.--The Secretary, pursuant to a 
        contract or memorandum of understanding between the 
        Secretary and the head of a State, local, territorial, 
        or tribal department or agency, is authorized and 
        encouraged to conduct examinations, testing, and 
        investigations for the purposes of determining 
        compliance with the food safety provisions of this Act 
        through the officers and employees of such State, 
        local, territorial, or tribal department or agency.
          ``(2) Content.--A contract or memorandum described 
        under paragraph (1) shall include provisions to ensure 
        adequate training of such officers and employees to 
        conduct such examinations, testing, and investigations. 
        The contract or memorandum shall contain provisions 
        regarding reimbursement. Such provisions may, at the 
        sole discretion of the head of the other department or 
        agency, require reimbursement, in whole or in part, 
        from the Secretary for the examinations, testing, or 
        investigations performed pursuant to this section by 
        the officers or employees of the State, territorial, or 
        tribal department or agency.
          ``(3) Effect.--Nothing in this subsection shall be 
        construed to limit the authority of the Secretary under 
        section 702.
  ``(c) Extension Service.--The Secretary shall ensure 
coordination with the extension activities of the National 
Institute of Food and Agriculture of the Department of 
Agriculture in advising producers and small processors 
transitioning into new practices required as a result of the 
enactment of the FDA Food Safety Modernization Act and 
assisting regulated industry with compliance with such Act.
  ``(d) National Food Safety Training, Education, Extension, 
Outreach, and Technical Assistance Program.--
          ``(1) In general.--In order to improve food safety 
        and reduce the incidence of foodborne illness, the 
        Secretary shall, not later than 180 days after the date 
        of enactment of the FDA Food Safety Modernization Act, 
        enter into one or more memoranda of understanding, or 
        enter into other cooperative agreements, with the 
        Secretary of Agriculture to establish a competitive 
        grant program within the National Institute for Food 
        and Agriculture to provide food safety training, 
        education, extension, outreach, and technical 
        assistance to--
                  ``(A) owners and operators of farms;
                  ``(B) small food processors; and
                  ``(C) small fruit and vegetable merchant 
                wholesalers.
          ``(2) Implementation.--The competitive grant program 
        established under paragraph (1) shall be carried out in 
        accordance with section 405 of the Agricultural 
        Research, Extension, and Education Reform Act of 1998.
  ``(e) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section for fiscal years 2011 through 2015.''.
  (b) National Food Safety Training, Education, Extension, 
Outreach, and Technical Assistance Program.--Title IV of the 
Agricultural Research, Extension, and Education Reform Act of 
1998 is amended by inserting after section 404 (7 U.S.C. 7624) 
the following:

``SEC. 405. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, 
                    OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.

  ``(a) In General.--The Secretary shall award grants under 
this section to carry out the competitive grant program 
established under section 1012(d) of the Federal Food, Drug, 
and Cosmetic Act, pursuant to any memoranda of understanding 
entered into under such section.
  ``(b) Integrated Approach.--The grant program described under 
subsection (a) shall be carried out under this section in a 
manner that facilitates the integration of food safety 
standards and guidance with the variety of agricultural 
production systems, encompassing conventional, sustainable, 
organic, conservation, and environmental practices.
  ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to projects that target small- 
and medium-sized farms, beginning farmers, socially 
disadvantaged farmers, small processors, or small fresh fruit 
and vegetable merchant wholesalers.
  ``(d) Program Coordination.--
          ``(1) In general.--The Secretary shall coordinate 
        implementation of the grant program under this section 
        with the National Integrated Food Safety Initiative.
          ``(2) Interaction.--The Secretary shall--
                  ``(A) in carrying out the grant program under 
                this section, take into consideration applied 
                research, education, and extension results 
                obtained from the National Integrated Food 
                Safety Initiative; and
                  ``(B) in determining the applied research 
                agenda for the National Integrated Food Safety 
                Initiative, take into consideration the needs 
                articulated by participants in projects funded 
                by the program under this section.
  ``(e) Grants.--
          ``(1) In general.--In carrying out this section, the 
        Secretary shall make competitive grants to support 
        training, education, extension, outreach, and technical 
        assistance projects that will help improve public 
        health by increasing the understanding and adoption of 
        established food safety standards, guidance, and 
        protocols.
          ``(2) Encouraged features.--The Secretary shall 
        encourage projects carried out using grant funds under 
        this section to include co-management of food safety, 
        conservation systems, and ecological health.
          ``(3) Maximum term and size of grant.--
                  ``(A) In general.--A grant under this section 
                shall have a term that is not more than 3 
                years.
                  ``(B) Limitation on grant funding.--The 
                Secretary may not provide grant funding to an 
                entity under this section after such entity has 
                received 3 years of grant funding under this 
                section.
  ``(f) Grant Eligibility.--
          ``(1) In general.--To be eligible for a grant under 
        this section, an entity shall be--
                  ``(A) a State cooperative extension service;
                  ``(B) a Federal, State, local, or tribal 
                agency, a nonprofit community-based or 
                nongovernmental organization, or an 
                organization representing owners and operators 
                of farms, small food processors, or small fruit 
                and vegetable merchant wholesalers that has a 
                commitment to public health and expertise in 
                administering programs that contribute to food 
                safety;
                  ``(C) an institution of higher education (as 
                defined in section 101(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1001(a))) or a 
                foundation maintained by an institution of 
                higher education;
                  ``(D) a collaboration of 2 or more eligible 
                entities described in this subsection; or
                  ``(E) such other appropriate entity, as 
                determined by the Secretary.
          ``(2) Multistate partnerships.--Grants under this 
        section may be made for projects involving more than 1 
        State.
  ``(g) Regional Balance.--In making grants under this section, 
the Secretary shall, to the maximum extent practicable, 
ensure--
          ``(1) geographic diversity; and
          ``(2) diversity of types of agricultural production.
  ``(h) Technical Assistance.--The Secretary may use funds made 
available under this section to provide technical assistance to 
grant recipients to further the purposes of this section.
  ``(i) Best Practices and Model Programs.--Based on 
evaluations of, and responses arising from, projects funded 
under this section, the Secretary may issue a set of 
recommended best practices and models for food safety training 
programs for agricultural producers, small food processors, and 
small fresh fruit and vegetable merchant wholesalers.
  ``(j) Authorization of Appropriations.--For the purposes of 
making grants under this section, there are authorized to be 
appropriated such sums as may be necessary for fiscal years 
2011 through 2015.''.

SEC. 6210. ENHANCING FOOD SAFETY.

  (a) Grants To Enhance Food Safety.--Section 1009 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399) is amended 
to read as follows:

``SEC. 1009. GRANTS TO ENHANCE FOOD SAFETY.

  ``(a) In General.--The Secretary is authorized to make grants 
to eligible entities to--
          ``(1) undertake examinations, inspections, 
        investigations, and related food safety activities 
        under section 702;
          ``(2) train to the standards of the Secretary for the 
        examination, inspection, and investigation of food 
        manufacturing, processing, packing, holding, 
        distribution, and importation, including as such 
        examination, inspection, and investigation relate to 
        retail food establishments;
          ``(3) build the food safety capacity of the 
        laboratories of such eligible entity, including the 
        detection of zoonotic diseases;
          ``(4) build the infrastructure and capacity of the 
        food safety programs of such eligible entity to meet 
        the standards as outlined in the grant application; and
          ``(5) take appropriate action to protect the public 
        health in response to--
                  ``(A) a notification under section 1008, 
                including planning and otherwise preparing to 
                take such action; or
                  ``(B) a recall of food under this Act.
  ``(b) Eligible Entities; Application.--
          ``(1) In general.--In this section, the term 
        `eligible entity' means an entity--
                  ``(A) that is--
                          ``(i) a State;
                          ``(ii) a locality;
                          ``(iii) a territory;
                          ``(iv) an Indian tribe (as defined in 
                        section 4(e) of the Indian Self-
                        Determination and Education Assistance 
                        Act); or
                          ``(v) a nonprofit food safety 
                        training entity that collaborates with 
                        1 or more institutions of higher 
                        education; and
                  ``(B) that submits an application to the 
                Secretary at such time, in such manner, and 
                including such information as the Secretary may 
                reasonably require.
          ``(2) Contents.--Each application submitted under 
        paragraph (1) shall include--
                  ``(A) an assurance that the eligible entity 
                has developed plans to engage in the types of 
                activities described in subsection (a);
                  ``(B) a description of the types of 
                activities to be funded by the grant;
                  ``(C) an itemization of how grant funds 
                received under this section will be expended;
                  ``(D) a description of how grant activities 
                will be monitored; and
                  ``(E) an agreement by the eligible entity to 
                report information required by the Secretary to 
                conduct evaluations under this section.
  ``(c) Limitations.--The funds provided under subsection (a) 
shall be available to an eligible entity that receives a grant 
under this section only to the extent such entity funds the 
food safety programs of such entity independently of any grant 
under this section in each year of the grant at a level equal 
to the level of such funding in the previous year, increased by 
the Consumer Price Index. Such non-Federal matching funds may 
be provided directly or through donations from public or 
private entities and may be in cash or in-kind, fairly 
evaluated, including plant, equipment, or services.
  ``(d) Additional Authority.--The Secretary may--
          ``(1) award a grant under this section in each 
        subsequent fiscal year without reapplication for a 
        period of not more than 3 years, provided the 
        requirements of subsection (c) are met for the previous 
        fiscal year; and
          ``(2) award a grant under this section in a fiscal 
        year for which the requirement of subsection (c) has 
        not been met only if such requirement was not met 
        because such funding was diverted for response to 1 or 
        more natural disasters or in other extenuating 
        circumstances that the Secretary may determine 
        appropriate.
  ``(e) Duration of Awards.--The Secretary may award grants to 
an individual grant recipient under this section for periods of 
not more than 3 years. In the event the Secretary conducts a 
program evaluation, funding in the second year or third year of 
the grant, where applicable, shall be contingent on a 
successful program evaluation by the Secretary after the first 
year.
  ``(f) Progress and Evaluation.--
          ``(1) In general.--The Secretary shall measure the 
        status and success of each grant program authorized 
        under the FDA Food Safety Modernization Act (and any 
        amendment made by such Act), including the grant 
        program under this section. A recipient of a grant 
        described in the preceding sentence shall, at the end 
        of each grant year, provide the Secretary with 
        information on how grant funds were spent and the 
        status of the efforts by such recipient to enhance food 
        safety. To the extent practicable, the Secretary shall 
        take the performance of such a grant recipient into 
        account when determining whether to continue funding 
        for such recipient.
          ``(2) No duplication.--In carrying out paragraph (1), 
        the Secretary shall not duplicate the efforts of the 
        Secretary under other provisions of this Act or the FDA 
        Food Safety Modernization Act that require measurement 
        and review of the activities of grant recipients under 
        either such Act.
  ``(g) Supplement Not Supplant.--Grant funds received under 
this section shall be used to supplement, and not supplant, 
non-Federal funds and any other Federal funds available to 
carry out the activities described in this section.
  ``(h) Authorization of Appropriations.--For the purpose of 
making grants under this section, there are authorized to be 
appropriated such sums as may be necessary for fiscal years 
2011 through 2015.''.
  (b) Centers of Excellence.--Part P of the Public Health 
Service Act (42 U.S.C. 280g et seq.) is amended by adding at 
the end the following:

``SEC. 399V-5. FOOD SAFETY INTEGRATED CENTERS OF EXCELLENCE.

  ``(a) In General.--Not later than 1 year after the date of 
enactment of the FDA Food Safety Modernization Act, the 
Secretary, acting through the Director of the Centers for 
Disease Control and Prevention and in consultation with the 
working group described in subsection (b)(2), shall designate 5 
Integrated Food Safety Centers of Excellence (referred to in 
this section as the `Centers of Excellence') to serve as 
resources for Federal, State, and local public health 
professionals to respond to foodborne illness outbreaks. The 
Centers of Excellence shall be headquartered at selected State 
health departments.
  ``(b) Selection of Centers of Excellence.--
          ``(1) Eligible entities.--To be eligible to be 
        designated as a Center of Excellence under subsection 
        (a), an entity shall--
                  ``(A) be a State health department;
                  ``(B) partner with 1 or more institutions of 
                higher education that have demonstrated 
                knowledge, expertise, and meaningful experience 
                with regional or national food production, 
                processing, and distribution, as well as 
                leadership in the laboratory, epidemiological, 
                and environmental detection and investigation 
                of foodborne illness; and
                  ``(C) provide to the Secretary such 
                information, at such time, and in such manner, 
                as the Secretary may require.
          ``(2) Working group.--Not later than 180 days after 
        the date of enactment of the FDA Food Safety 
        Modernization Act, the Secretary shall establish a 
        diverse working group of experts and stakeholders from 
        Federal, State, and local food safety and health 
        agencies, the food industry, including food retailers 
        and food manufacturers, consumer organizations, and 
        academia to make recommendations to the Secretary 
        regarding designations of the Centers of Excellence.
          ``(3) Additional centers of excellence.--The 
        Secretary may designate eligible entities to be 
        regional Food Safety Centers of Excellence, in addition 
        to the 5 Centers designated under subsection (a).
  ``(c) Activities.--Under the leadership of the Director of 
the Centers for Disease Control and Prevention, each Center of 
Excellence shall be based out of a selected State health 
department, which shall provide assistance to other regional, 
State, and local departments of health through activities that 
include--
          ``(1) providing resources, including timely 
        information concerning symptoms and tests, for 
        frontline health professionals interviewing individuals 
        as part of routine surveillance and outbreak 
        investigations;
          ``(2) providing analysis of the timeliness and 
        effectiveness of foodborne disease surveillance and 
        outbreak response activities;
          ``(3) providing training for epidemiological and 
        environmental investigation of foodborne illness, 
        including suggestions for streamlining and 
        standardizing the investigation process;
          ``(4) establishing fellowships, stipends, and 
        scholarships to train future epidemiological and food-
        safety leaders and to address critical workforce 
        shortages;
          ``(5) training and coordinating State and local 
        personnel;
          ``(6) strengthening capacity to participate in 
        existing or new foodborne illness surveillance and 
        environmental assessment information systems; and
          ``(7) conducting research and outreach activities 
        focused on increasing prevention, communication, and 
        education regarding food safety.
  ``(d) Report to Congress.--Not later than 2 years after the 
date of enactment of the FDA Food Safety Modernization Act, the 
Secretary shall submit to Congress a report that--
          ``(1) describes the effectiveness of the Centers of 
        Excellence; and
          ``(2) provides legislative recommendations or 
        describes additional resources required by the Centers 
        of Excellence.
  ``(e) Authorization of Appropriations.--There is authorized 
to be appropriated such sums as may be necessary to carry out 
this section.
  ``(f) No Duplication of Effort.--In carrying out activities 
of the Centers of Excellence or other programs under this 
section, the Secretary shall not duplicate other Federal 
foodborne illness response efforts.''.

SEC. 6211. IMPROVING THE REPORTABLE FOOD REGISTRY.

  (a) In General.--Section 417 (21 U.S.C. 350f) is amended--
          (1) by redesignating subsections (f) through (k) as 
        subsections (i) through (n), respectively; and
          (2) by inserting after subsection (e) the following:
  ``(f) Critical Information.--Except with respect to fruits 
and vegetables that are raw agricultural commodities, not more 
than 18 months after the date of enactment of the FDA Food 
Safety Modernization Act, the Secretary may require a 
responsible party to submit to the Secretary consumer-oriented 
information regarding a reportable food, which shall include--
          ``(1) a description of the article of food as 
        provided in subsection (e)(3);
          ``(2) as provided in subsection (e)(7), affected 
        product identification codes, such as UPC, SKU, or lot 
        or batch numbers sufficient for the consumer to 
        identify the article of food;
          ``(3) contact information for the responsible party 
        as provided in subsection (e)(8); and
          ``(4) any other information the Secretary determines 
        is necessary to enable a consumer to accurately 
        identify whether such consumer is in possession of the 
        reportable food.
  ``(g) Grocery Store Notification.--
          ``(1) Action by secretary.--The Secretary shall--
                  ``(A) prepare the critical information 
                described under subsection (f) for a reportable 
                food as a standardized one-page summary;
                  ``(B) publish such one-page summary on the 
                Internet website of the Food and Drug 
                Administration in a format that can be easily 
                printed by a grocery store for purposes of 
                consumer notification.
          ``(2) Action by grocery store.--A notification 
        described under paragraph (1)(B) shall include the date 
        and time such summary was posted on the Internet 
        website of the Food and Drug Administration.
  ``(h) Consumer Notification.--
          ``(1) In general.--If a grocery store sold a 
        reportable food that is the subject of the posting and 
        such establishment is part of chain of establishments 
        with 15 or more physical locations, then such 
        establishment shall, not later than 24 hours after a 
        one page summary described in subsection (g) is 
        published, prominently display such summary or the 
        information from such summary via at least one of the 
        methods identified under paragraph (2) and maintain the 
        display for 14 days.
          ``(2) List of conspicuous locations.--Not more than 1 
        year after the date of enactment of the FDA Food Safety 
        Modernization Act, the Secretary shall develop and 
        publish a list of acceptable conspicuous locations and 
        manners, from which grocery stores shall select at 
        least one, for providing the notification required in 
        paragraph (1). Such list shall include--
                  ``(A) posting the notification at or near the 
                register;
                  ``(B) providing the location of the 
                reportable food;
                  ``(C) providing targeted recall information 
                given to customers upon purchase of a food; and
                  ``(D) other such prominent and conspicuous 
                locations and manners utilized by grocery 
                stores as of the date of the enactment of the 
                FDA Food Safety Modernization Act to provide 
                notice of such recalls to consumers as 
                considered appropriate by the Secretary.''.
  (b) Prohibited Act.--Section 301 (21 U.S.C. 331), as amended 
by section 6206, is amended by adding at the end the following:
  ``(yy) The knowing and willful failure to comply with the 
notification requirement under section 417(h).''.
  (c) Conforming Amendment.--Section 301(e) (21 U.S.C. 331(e)) 
is amended by striking ``417(g)'' and inserting ``417(j)''.

            TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD

SEC. 6301. FOREIGN SUPPLIER VERIFICATION PROGRAM.

  (a) In General.--Chapter VIII (21 U.S.C. 381 et seq.) is 
amended by adding at the end the following:

``SEC. 805. FOREIGN SUPPLIER VERIFICATION PROGRAM.

  ``(a) In General.--
          ``(1) Verification requirement.--Except as provided 
        under subsections (e) and (f), each importer shall 
        perform risk-based foreign supplier verification 
        activities for the purpose of verifying that the food 
        imported by the importer or agent of an importer is--
                  ``(A) produced in compliance with the 
                requirements of section 418 or section 419, as 
                appropriate; and
                  ``(B) is not adulterated under section 402 or 
                misbranded under section 403(w).
          ``(2) Importer defined.--For purposes of this 
        section, the term `importer' means, with respect to an 
        article of food--
                  ``(A) the United States owner or consignee of 
                the article of food at the time of entry of 
                such article into the United States; or
                  ``(B) in the case when there is no United 
                States owner or consignee as described in 
                subparagraph (A), the United States agent or 
                representative of a foreign owner or consignee 
                of the article of food at the time of entry of 
                such article into the United States.
  ``(b) Guidance.--Not later than 1 year after the date of 
enactment of the FDA Food Safety Modernization Act, the 
Secretary shall issue guidance to assist importers in 
developing foreign supplier verification programs.
  ``(c) Regulations.--
          ``(1) In general.--Not later than 1 year after the 
        date of enactment of the FDA Food Safety Modernization 
        Act, the Secretary shall promulgate regulations to 
        provide for the content of the foreign supplier 
        verification program established under subsection (a).
          ``(2) Requirements.--The regulations promulgated 
        under paragraph (1)--
                  ``(A) shall require that the foreign supplier 
                verification program of each importer be 
                adequate to provide assurances that each 
                foreign supplier to the importer produces the 
                imported food in compliance with--
                          ``(i) processes and procedures, 
                        including reasonably appropriate risk-
                        based preventive controls, that provide 
                        the same level of public health 
                        protection as those required under 
                        section 418 or section 419 (taking into 
                        consideration variances granted under 
                        section 419), as appropriate; and
                          ``(ii) section 402 and section 
                        403(w).
                  ``(B) shall include such other requirements 
                as the Secretary deems necessary and 
                appropriate to verify that food imported into 
                the United States is as safe as food produced 
                and sold within the United States.
          ``(3) Considerations.--In promulgating regulations 
        under this subsection, the Secretary shall, as 
        appropriate, take into account differences among 
        importers and types of imported foods, including based 
        on the level of risk posed by the imported food.
          ``(4) Activities.--Verification activities under a 
        foreign supplier verification program under this 
        section may include monitoring records for shipments, 
        lot-by-lot certification of compliance, annual on-site 
        inspections, checking the hazard analysis and risk-
        based preventive control plan of the foreign supplier, 
        and periodically testing and sampling shipments.
  ``(d) Record Maintenance and Access.--Records of an importer 
related to a foreign supplier verification program shall be 
maintained for a period of not less than 2 years and shall be 
made available promptly to a duly authorized representative of 
the Secretary upon request.
  ``(e) Exemption of Seafood, Juice, and Low-acid Canned Food 
Facilities in Compliance With HACCP.--This section shall not 
apply to a facility if the owner, operator, or agent in charge 
of such facility is required to comply with, and is in 
compliance with, 1 of the following standards and regulations 
with respect to such facility:
          ``(1) The Seafood Hazard Analysis Critical Control 
        Points Program of the Food and Drug Administration.
          ``(2) The Juice Hazard Analysis Critical Control 
        Points Program of the Food and Drug Administration.
          ``(3) The Thermally Processed Low-Acid Foods Packaged 
        in Hermetically Sealed Containers standards of the Food 
        and Drug Administration (or any successor standards).
The exemption under paragraph (3) shall apply only with respect 
to microbiological hazards that are regulated under the 
standards for Thermally Processed Low-Acid Foods Packaged in 
Hermetically Sealed Containers under part 113 of chapter 21, 
Code of Federal Regulations (or any successor regulations).
  ``(f) Additional Exemptions.--The Secretary, by notice 
published in the Federal Register, shall establish an exemption 
from the requirements of this section for articles of food 
imported in small quantities for research and evaluation 
purposes or for personal consumption, provided that such foods 
are not intended for retail sale and are not sold or 
distributed to the public.
  ``(g) Publication of List of Participants.--The Secretary 
shall publish and maintain on the Internet Web site of the Food 
and Drug Administration a current list that includes the name 
of, location of, and other information deemed necessary by the 
Secretary about, importers participating under this section.''.
  (b) Prohibited Act.--Section 301 (21 U.S.C. 331), as amended 
by section 6211, is amended by adding at the end the following:
  ``(zz) The importation or offering for importation of a food 
if the importer (as defined in section 805) does not have in 
place a foreign supplier verification program in compliance 
with such section 805.''.
  (c) Imports.--Section 801(a) (21 U.S.C. 381(a)) is amended by 
adding ``or the importer (as defined in section 805) is in 
violation of such section 805'' after ``or in violation of 
section 505''.
  (d) Effective Date.--The amendments made by this section 
shall take effect 2 years after the date of enactment of this 
Act.

SEC. 6302. VOLUNTARY QUALIFIED IMPORTER PROGRAM.

  Chapter VIII (21 U.S.C. 381 et seq.), as amended by section 
6301, is amended by adding at the end the following:

``SEC. 806. VOLUNTARY QUALIFIED IMPORTER PROGRAM.

  ``(a) In General.--Beginning not later than 18 months after 
the date of enactment of the FDA Food Safety Modernization Act, 
the Secretary shall--
          ``(1) establish a program, in consultation with the 
        Secretary of Homeland Security--
                  ``(A) to provide for the expedited review and 
                importation of food offered for importation by 
                importers who have voluntarily agreed to 
                participate in such program; and
                  ``(B) consistent with section 808, establish 
                a process for the issuance of a facility 
                certification to accompany food offered for 
                importation by importers who have voluntarily 
                agreed to participate in such program; and
          ``(2) issue a guidance document related to 
        participation in, revocation of such participation in, 
        reinstatement in, and compliance with, such program.
  ``(b) Voluntary Participation.--An importer may request the 
Secretary to provide for the expedited review and importation 
of designated foods in accordance with the program established 
by the Secretary under subsection (a).
  ``(c) Notice of Intent To Participate.--An importer that 
intends to participate in the program under this section in a 
fiscal year shall submit a notice and application to the 
Secretary of such intent at the time and in a manner 
established by the Secretary.
  ``(d) Eligibility.--Eligibility shall be limited to an 
importer offering food for importation from a facility that has 
a certification described in subsection (a). In reviewing the 
applications and making determinations on such applications, 
the Secretary shall consider the risk of the food to be 
imported based on factors, such as the following:
          ``(1) The known safety risks of the food to be 
        imported.
          ``(2) The compliance history of foreign suppliers 
        used by the importer, as appropriate.
          ``(3) The capability of the regulatory system of the 
        country of export to ensure compliance with United 
        States food safety standards for a designated food.
          ``(4) The compliance of the importer with the 
        requirements of section 805.
          ``(5) The recordkeeping, testing, inspections and 
        audits of facilities, traceability of articles of food, 
        temperature controls, and sourcing practices of the 
        importer.
          ``(6) The potential risk for intentional adulteration 
        of the food.
          ``(7) Any other factor that the Secretary determines 
        appropriate.
  ``(e) Review and Revocation.--Any importer qualified by the 
Secretary in accordance with the eligibility criteria set forth 
in this section shall be reevaluated not less often than once 
every 3 years and the Secretary shall promptly revoke the 
qualified importer status of any importer found not to be in 
compliance with such criteria.
  ``(f) False Statements.--Any statement or representation made 
by an importer to the Secretary shall be subject to section 
1001 of title 18, United States Code.
  ``(g) Definition.--For purposes of this section, the term 
`importer' means the person that brings food, or causes food to 
be brought, from a foreign country into the customs territory 
of the United States.''.

SEC. 6303. AUTHORITY TO REQUIRE IMPORT CERTIFICATIONS FOR FOOD.

  (a) In General.--Section 801(a) (21 U.S.C. 381(a)) is amended 
by inserting after the third sentence the following: ``With 
respect to an article of food, if importation of such food is 
subject to, but not compliant with, the requirement under 
subsection (q) that such food be accompanied by a certification 
or other assurance that the food meets applicable requirements 
of this Act, then such article shall be refused admission.''.
  (b) Addition of Certification Requirement.--Section 801 (21 
U.S.C. 381) is amended by adding at the end the following new 
subsection:
  ``(q) Certifications Concerning Imported Foods.--
          ``(1) In general.--The Secretary may require, as a 
        condition of granting admission to an article of food 
        imported or offered for import into the United States, 
        that an entity described in paragraph (3) provide a 
        certification, or such other assurances as the 
        Secretary determines appropriate, that the article of 
        food complies with applicable requirements of this Act. 
        Such certification or assurances may be provided in the 
        form of shipment-specific certificates, a listing of 
        certified facilities that manufacture, process, pack, 
        or hold such food, or in such other form as the 
        Secretary may specify.
          ``(2) Factors to be considered in requiring 
        certification.--The Secretary shall base the 
        determination that an article of food is required to 
        have a certification described in paragraph (1) on the 
        risk of the food, including--
                  ``(A) known safety risks associated with the 
                food;
                  ``(B) known food safety risks associated with 
                the country, territory, or region of origin of 
                the food;
                  ``(C) a finding by the Secretary, supported 
                by scientific, risk-based evidence, that--
                          ``(i) the food safety programs, 
                        systems, and standards in the country, 
                        territory, or region of origin of the 
                        food are inadequate to ensure that the 
                        article of food is as safe as a similar 
                        article of food that is manufactured, 
                        processed, packed, or held in the 
                        United States in accordance with the 
                        requirements of this Act; and
                          ``(ii) the certification would assist 
                        the Secretary in determining whether to 
                        refuse or admit the article of food 
                        under subsection (a); and
                  ``(D) information submitted to the Secretary 
                in accordance with the process established in 
                paragraph (7).
          ``(3) Certifying entities.--For purposes of paragraph 
        (1), entities that shall provide the certification or 
        assurances described in such paragraph are--
                  ``(A) an agency or a representative of the 
                government of the country from which the 
                article of food at issue originated, as 
                designated by the Secretary; or
                  ``(B) such other persons or entities 
                accredited pursuant to section 808 to provide 
                such certification or assurance.
          ``(4) Renewal and refusal of certifications.--The 
        Secretary may--
                  ``(A) require that any certification or other 
                assurance provided by an entity specified in 
                paragraph (2) be renewed by such entity at such 
                times as the Secretary determines appropriate; 
                and
                  ``(B) refuse to accept any certification or 
                assurance if the Secretary determines that such 
                certification or assurance is not valid or 
                reliable.
          ``(5) Electronic submission.--The Secretary shall 
        provide for the electronic submission of certifications 
        under this subsection.
          ``(6) False statements.--Any statement or 
        representation made by an entity described in paragraph 
        (2) to the Secretary shall be subject to section 1001 
        of title 18, United States Code.
          ``(7) Assessment of food safety programs, systems, 
        and standards.--If the Secretary determines that the 
        food safety programs, systems, and standards in a 
        foreign region, country, or territory are inadequate to 
        ensure that an article of food is as safe as a similar 
        article of food that is manufactured, processed, 
        packed, or held in the United States in accordance with 
        the requirements of this Act, the Secretary shall, to 
        the extent practicable, identify such inadequacies and 
        establish a process by which the foreign region, 
        country, or territory may inform the Secretary of 
        improvements made to such food safety program, system, 
        or standard and demonstrate that those controls are 
        adequate to ensure that an article of food is as safe 
        as a similar article of food that is manufactured, 
        processed, packed, or held in the United States in 
        accordance with the requirements of this Act.''.
  (c) Conforming Technical Amendment.--Section 801(b) (21 
U.S.C. 381(b)) is amended in the second sentence by striking 
``with respect to an article included within the provision of 
the fourth sentence of subsection (a)'' and inserting ``with 
respect to an article described in subsection (a) relating to 
the requirements of sections 760 or 761,''.
  (d) No Limit on Authority.--Nothing in the amendments made by 
this section shall limit the authority of the Secretary to 
conduct inspections of imported food or to take such other 
steps as the Secretary deems appropriate to determine the 
admissibility of imported food.

SEC. 6304. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS.

  (a) In General.--Section 801(m)(1) (21 U.S.C. 381(m)(1)) is 
amended by inserting ``any country to which the article has 
been refused entry;'' after ``the country from which the 
article is shipped;''.
  (b) Regulations.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall issue an interim 
final rule amending subpart I of part 1 of title 21, Code of 
Federal Regulations, to implement the amendment made by this 
section.
  (c) Effective Date.--The amendment made by this section shall 
take effect 180 days after the date of enactment of this Act.

SEC. 6305. BUILDING CAPACITY OF FOREIGN GOVERNMENTS WITH RESPECT TO 
                    FOOD SAFETY.

  (a) In General.--The Secretary shall, not later than 2 years 
of the date of enactment of this Act, develop a comprehensive 
plan to expand the technical, scientific, and regulatory food 
safety capacity of foreign governments, and their respective 
food industries, from which foods are exported to the United 
States.
  (b) Consultation.--In developing the plan under subsection 
(a), the Secretary shall consult with the Secretary of 
Agriculture, Secretary of State, Secretary of the Treasury, the 
Secretary of Homeland Security, the United States Trade 
Representative, and the Secretary of Commerce, representatives 
of the food industry, appropriate foreign government officials, 
nongovernmental organizations that represent the interests of 
consumers, and other stakeholders.
  (c) Plan.--The plan developed under subsection (a) shall 
include, as appropriate, the following:
          (1) Recommendations for bilateral and multilateral 
        arrangements and agreements, including provisions to 
        provide for responsibility of exporting countries to 
        ensure the safety of food.
          (2) Provisions for secure electronic data sharing.
          (3) Provisions for mutual recognition of inspection 
        reports.
          (4) Training of foreign governments and food 
        producers on United States requirements for safe food.
          (5) Recommendations on whether and how to harmonize 
        requirements under the Codex Alimentarius.
          (6) Provisions for the multilateral acceptance of 
        laboratory methods and testing and detection 
        techniques.
  (d) Rule of Construction.--Nothing in this section shall be 
construed to affect the regulation of dietary supplements under 
the Dietary Supplement Health and Education Act of 1994 (Public 
Law 103-417).

SEC. 6306. INSPECTION OF FOREIGN FOOD FACILITIES.

  (a) In General.--Chapter VIII (21 U.S.C. 381 et seq.), as 
amended by section 6302, is amended by inserting at the end the 
following:

``SEC. 807. INSPECTION OF FOREIGN FOOD FACILITIES.

  ``(a) Inspection.--The Secretary--
          ``(1) may enter into arrangements and agreements with 
        foreign governments to facilitate the inspection of 
        foreign facilities registered under section 415; and
          ``(2) shall direct resources to inspections of 
        foreign facilities, suppliers, and food types, 
        especially such facilities, suppliers, and food types 
        that present a high risk (as identified by the 
        Secretary), to help ensure the safety and security of 
        the food supply of the United States.
  ``(b) Effect of Inability To Inspect.--Notwithstanding any 
other provision of law, food shall be refused admission into 
the United States if it is from a foreign factory, warehouse, 
or other establishment of which the owner, operator, or agent 
in charge, or the government of the foreign country, refuses to 
permit entry of United States inspectors or other individuals 
duly designated by the Secretary, upon request, to inspect such 
factory, warehouse, or other establishment. For purposes of 
this subsection, such an owner, operator, or agent in charge 
shall be considered to have refused an inspection if such 
owner, operator, or agent in charge does not permit an 
inspection of a factory, warehouse, or other establishment 
during the 24-hour period after such request is submitted, or 
after such other time period, as agreed upon by the Secretary 
and the foreign factory, warehouse, or other establishment.''.
  (b) Inspection by the Secretary of Commerce.--
          (1) In general.--The Secretary of Commerce, in 
        coordination with the Secretary of Health and Human 
        Services, may send 1 or more inspectors to a country or 
        facility of an exporter from which seafood imported 
        into the United States originates. The inspectors shall 
        assess practices and processes used in connection with 
        the farming, cultivation, harvesting, preparation for 
        market, or transportation of such seafood and may 
        provide technical assistance related to such 
        activities.
          (2) Inspection report.--
                  (A) In general.--The Secretary of Health and 
                Human Services, in coordination with the 
                Secretary of Commerce, shall--
                          (i) prepare an inspection report for 
                        each inspection conducted under 
                        paragraph (1);
                          (ii) provide the report to the 
                        country or exporter that is the subject 
                        of the report; and
                          (iii) provide a 30-day period during 
                        which the country or exporter may 
                        provide a rebuttal or other comments on 
                        the findings of the report to the 
                        Secretary of Health and Human Services.
                  (B) Distribution and use of report.--The 
                Secretary of Health and Human Services shall 
                consider the inspection reports described in 
                subparagraph (A) in distributing inspection 
                resources under section 421 of the Federal 
                Food, Drug, and Cosmetic Act, as added by 
                section 6201.

SEC. 6307. ACCREDITATION OF THIRD-PARTY AUDITORS.

  Chapter VIII (21 U.S.C. 381 et seq.), as amended by section 
6306, is amended by adding at the end the following:

``SEC. 808. ACCREDITATION OF THIRD-PARTY AUDITORS.

  ``(a) Definitions.--In this section:
          ``(1) Audit agent.--The term `audit agent' means an 
        individual who is an employee or agent of an accredited 
        third-party auditor and, although not individually 
        accredited, is qualified to conduct food safety audits 
        on behalf of an accredited third-party auditor.
          ``(2) Accreditation body.--The term `accreditation 
        body' means an authority that performs accreditation of 
        third-party auditors.
          ``(3) Third-party auditor.--The term `third-party 
        auditor' means a foreign government, agency of a 
        foreign government, foreign cooperative, or any other 
        thirdparty, as the Secretary determines appropriate in 
        accordance with the model standards described in 
        subsection (b)(2), that is eligible to be considered 
        for accreditation to conduct food safety audits to 
        certify that eligible entities meet the applicable 
        requirements of this section. A third-party auditor may 
        be a single individual. A third-party auditor may 
        employ or use audit agents to help conduct consultative 
        and regulatory audits.
          ``(4) Accredited third-party auditor.--The term 
        `accredited third-party auditor' means a third-party 
        auditor accredited by an accreditation body to conduct 
        audits of eligible entities to certify that such 
        eligible entities meet the applicable requirements of 
        this section. An accredited third-party auditor may be 
        an individual who conducts food safety audits to 
        certify that eligible entities meet the applicable 
        requirements of this section.
          ``(5) Consultative audit.--The term `consultative 
        audit' means an audit of an eligible entity--
                  ``(A) to determine whether such entity is in 
                compliance with the provisions of this Act and 
                with applicable industry standards and 
                practices; and
                  ``(B) the results of which are for internal 
                purposes only.
          ``(6) Eligible entity.--The term `eligible entity' 
        means a foreign entity, including a foreign facility 
        registered under section 415, in the food import supply 
        chain that chooses to be audited by an accredited 
        third-party auditor or the audit agent of such 
        accredited third-party auditor.
          ``(7) Regulatory audit.--The term `regulatory audit' 
        means an audit of an eligible entity--
                  ``(A) to determine whether such entity is in 
                compliance with the provisions of this Act; and
                  ``(B) the results of which determine--
                          ``(i) whether an article of food 
                        manufactured, processed, packed, or 
                        held by such entity is eligible to 
                        receive a food certification under 
                        section 801(q); or
                          ``(ii) whether a facility is eligible 
                        to receive a facility certification 
                        under section 806(a) for purposes of 
                        participating in the program under 
                        section 806.
  ``(b) Accreditation System.--
          ``(1) Accreditation bodies.--
                  ``(A) Recognition of accreditation bodies.--
                          ``(i) In general.--Not later than 2 
                        years after the date of enactment of 
                        the FDA Food Safety Modernization Act, 
                        the Secretary shall establish a system 
                        for the recognition of accreditation 
                        bodies that accredit third-party 
                        auditors to certify that eligible 
                        entities meet the applicable 
                        requirements of this section.
                          ``(ii) Direct accreditation.--If, by 
                        the date that is 2 years after the date 
                        of establishment of the system 
                        described in clause (i), the Secretary 
                        has not identified and recognized an 
                        accreditation body to meet the 
                        requirements of this section, the 
                        Secretary may directly accredit third-
                        party auditors.
                  ``(B) Notification.--Each accreditation body 
                recognized by the Secretary shall submit to the 
                Secretary a list of all accredited third-party 
                auditors accredited by such body and the audit 
                agents of such auditors.
                  ``(C) Revocation of recognition as an 
                accreditation body.--The Secretary shall 
                promptly revoke the recognition of any 
                accreditation body found not to be in 
                compliance with the requirements of this 
                section.
                  ``(D) Reinstatement.--The Secretary shall 
                establish procedures to reinstate recognition 
                of an accreditation body if the Secretary 
                determines, based on evidence presented by such 
                accreditation body, that revocation was 
                inappropriate or that the body meets the 
                requirements for recognition under this 
                section.
          ``(2) Model accreditation standards.--Not later than 
        18 months after the date of enactment of the FDA Food 
        Safety Modernization Act, the Secretary shall develop 
        model standards, including requirements for regulatory 
        audit reports, and each recognized accreditation body 
        shall ensure that third-party auditors and audit agents 
        of such auditors meet such standards in order to 
        qualify such third-party auditors as accredited third-
        party auditors under this section. In developing the 
        model standards, the Secretary shall look to standards 
        in place on the date of the enactment of this section 
        for guidance, to avoid unnecessary duplication of 
        efforts and costs.
  ``(c) Third-Party Auditors.--
          ``(1) Requirements for accreditation as a third-party 
        auditor.--
                  ``(A) Foreign governments.--Prior to 
                accrediting a foreign government or an agency 
                of a foreign government as an accredited third-
                party auditor, the accreditation body (or, in 
                the case of direct accreditation under 
                subsection (b)(1)(A)(ii), the Secretary) shall 
                perform such reviews and audits of food safety 
                programs, systems, and standards of the 
                government or agency of the government as the 
                Secretary deems necessary, including 
                requirements under the model standards 
                developed under subsection (b)(2), to determine 
                that the foreign government or agency of the 
                foreign government is capable of adequately 
                ensuring that eligible entities or foods 
                certified by such government or agency meet the 
                requirements of this Act with respect to food 
                manufactured, processed, packed, or held for 
                import into the United States.
                  ``(B) Foreign cooperatives and other third 
                parties.--Prior to accrediting a foreign 
                cooperative that aggregates the products of 
                growers or processors, or any other third party 
                to be an accredited third-party auditor, the 
                accreditation body (or, in the case of direct 
                accreditation under subsection (b)(1)(A)(ii), 
                the Secretary) shall perform such reviews and 
                audits of the training and qualifications of 
                audit agents used by that cooperative or party 
                and conduct such reviews of internal systems 
                and such other investigation of the cooperative 
                or party as the Secretary deems necessary, 
                including requirements under the model 
                standards developed under subsection (b)(2), to 
                determine that each eligible entity certified 
                by the cooperative or party has systems and 
                standards in use to ensure that such entity or 
                food meets the requirements of this Act.
          ``(2) Requirement to issue certification of eligible 
        entities or foods.--
                  ``(A) In general.--An accreditation body (or, 
                in the case of direct accreditation under 
                subsection (b)(1)(A)(ii), the Secretary) may 
                not accredit a third-party auditor unless such 
                third-party auditor agrees to issue a written 
                and, as appropriate, electronic food 
                certification, described in section 801(q), or 
                facility certification under section 806(a), as 
                appropriate, to accompany each food shipment 
                for import into the United States from an 
                eligible entity, subject to requirements set 
                forth by the Secretary. Such written or 
                electronic certification may be included with 
                other documentation regarding such food 
                shipment. The Secretary shall consider 
                certifications under section 801(q) and 
                participation in the voluntary qualified 
                importer program described in section 806 when 
                targeting inspection resources under section 
                421.
                  ``(B) Purpose of certification.--The 
                Secretary shall use certification provided by 
                accredited third-party auditors to--
                          ``(i) determine, in conjunction with 
                        any other assurances the Secretary may 
                        require under section 801(q), whether a 
                        food satisfies the requirements of such 
                        section; and
                          ``(ii) determine whether a facility 
                        is eligible to be a facility from which 
                        food may be offered for import under 
                        the voluntary qualified importer 
                        program under section 806.
                  ``(C) Requirements for issuing 
                certification.--
                          ``(i) In general.--An accredited 
                        third-party auditor shall issue a food 
                        certification under section 801(q) or a 
                        facility certification described under 
                        subparagraph (B) only after conducting 
                        a regulatory audit and such other 
                        activities that may be necessary to 
                        establish compliance with the 
                        requirements of such sections.
                          ``(ii) Provision of certification.--
                        Only an accredited third-party auditor 
                        or the Secretary may provide a facility 
                        certification under section 806(a). 
                        Only those parties described in 
                        801(q)(3) or the Secretary may provide 
                        a food certification under 301(g).
          ``(3) Audit report submission requirements.--
                  ``(A) Requirements in general.--As a 
                condition of accreditation, not later than 45 
                days after conducting an audit, an accredited 
                third-party auditor or audit agent of such 
                auditor shall prepare, and, in the case of a 
                regulatory audit, submit, the audit report for 
                each audit conducted, in a form and manner 
                designated by the Secretary, which shall 
                include--
                          ``(i) the identity of the persons at 
                        the audited eligible entity responsible 
                        for compliance with food safety 
                        requirements;
                          ``(ii) the dates of the audit;
                          ``(iii) the scope of the audit; and
                          ``(iv) any other information required 
                        by the Secretary that relates to or may 
                        influence an assessment of compliance 
                        with this Act.
                  ``(B) Records.--Following any accreditation 
                of a third-party auditor, the Secretary may, at 
                any time, require the accredited third-party 
                auditor to submit to the Secretary an onsite 
                audit report and such other reports or 
                documents required as part of the audit 
                process, for any eligible entity certified by 
                the third-party auditor or audit agent of such 
                auditor. Such report may include documentation 
                that the eligible entity is in compliance with 
                any applicable registration requirements.
                  ``(C) Limitation.--The requirement under 
                subparagraph (B) shall not include any report 
                or other documents resulting from a 
                consultative audit by the accredited third-
                party auditor, except that the Secretary may 
                access the results of a consultative audit in 
                accordance with section 414.
          ``(4) Requirements of accredited third-party auditors 
        and audit agents of such auditors.--
                  ``(A) Risks to public health.--If, at any 
                time during an audit, an accredited third-party 
                auditor or audit agent of such auditor 
                discovers a condition that could cause or 
                contribute to a serious risk to the public 
                health, such auditor shall immediately notify 
                the Secretary of--
                          ``(i) the identification of the 
                        eligible entity subject to the audit; 
                        and
                          ``(ii) such condition.
                  ``(B) Types of audits.--An accredited third-
                party auditor or audit agent of such auditor 
                may perform consultative and regulatory audits 
                of eligible entities.
                  ``(C) Limitations.--
                          ``(i) In general.--An accredited 
                        third-party auditor may not perform a 
                        regulatory audit of an eligible entity 
                        if such agent has performed a 
                        consultative audit or a regulatory 
                        audit of such eligible entity during 
                        the previous 13-month period.
                          ``(ii) Waiver.--The Secretary may 
                        waive the application of clause (i) if 
                        the Secretary determines that there is 
                        insufficient access to accredited 
                        third-party auditors in a country or 
                        region.
          ``(5) Conflicts of interest.--
                  ``(A) Third-party auditors.--An accredited 
                third-party auditor shall--
                          ``(i) not be owned, managed, or 
                        controlled by any person that owns or 
                        operates an eligible entity to be 
                        certified by such auditor;
                          ``(ii) in carrying out audits of 
                        eligible entities under this section, 
                        have procedures to ensure against the 
                        use of any officer or employee of such 
                        auditor that has a financial conflict 
                        of interest regarding an eligible 
                        entity to be certified by such auditor; 
                        and
                          ``(iii) annually make available to 
                        the Secretary disclosures of the extent 
                        to which such auditor and the officers 
                        and employees of such auditor have 
                        maintained compliance with clauses (i) 
                        and (ii) relating to financial 
                        conflicts of interest.
                  ``(B) Audit agents.--An audit agent shall--
                          ``(i) not own or operate an eligible 
                        entity to be audited by such agent;
                          ``(ii) in carrying out audits of 
                        eligible entities under this section, 
                        have procedures to ensure that such 
                        agent does not have a financial 
                        conflict of interest regarding an 
                        eligible entity to be audited by such 
                        agent; and
                          ``(iii) annually make available to 
                        the Secretary disclosures of the extent 
                        to which such agent has maintained 
                        compliance with clauses (i) and (ii) 
                        relating to financial conflicts of 
                        interest.
                  ``(C) Regulations.--The Secretary shall 
                promulgate regulations not later than 18 months 
                after the date of enactment of the FDA Food 
                Safety Modernization Act to implement this 
                section and to ensure that there are 
                protections against conflicts of interest 
                between an accredited third-party auditor and 
                the eligible entity to be certified by such 
                auditor or audited by such audit agent. Such 
                regulations shall include--
                          ``(i) requiring that audits performed 
                        under this section be unannounced;
                          ``(ii) a structure to decrease the 
                        potential for conflicts of interest, 
                        including timing and public disclosure, 
                        for fees paid by eligible entities to 
                        accredited third-party auditors; and
                          ``(iii) appropriate limits on 
                        financial affiliations between an 
                        accredited third-party auditor or audit 
                        agents of such auditor and any person 
                        that owns or operates an eligible 
                        entity to be certified by such auditor, 
                        as described in subparagraphs (A) and 
                        (B).
          ``(6) Withdrawal of accreditation.--
                  ``(A) In general.--The Secretary shall 
                withdraw accreditation from an accredited 
                third-party auditor--
                          ``(i) if food certified under section 
                        801(q) or from a facility certified 
                        under paragraph (2)(B) by such third-
                        party auditor is linked to an outbreak 
                        of foodborne illness that has a 
                        reasonable probability of causing 
                        serious adverse health consequences or 
                        death in humans or animals;
                          ``(ii) following an evaluation and 
                        finding by the Secretary that the 
                        third-party auditor no longer meets the 
                        requirements for accreditation; or
                          ``(iii) following a refusal to allow 
                        United States officials to conduct such 
                        audits and investigations as may be 
                        necessary to ensure continued 
                        compliance with the requirements set 
                        forth in this section.
                  ``(B) Additional basis for withdrawal of 
                accreditation.--The Secretary may withdraw 
                accreditation from an accredited third-party 
                auditor in the case that such third-party 
                auditor is accredited by an accreditation body 
                for which recognition as an accreditation body 
                under subsection (b)(1)(C) is revoked, if the 
                Secretary determines that there is good cause 
                for the withdrawal.
                  ``(C) Exception.--The Secretary may waive the 
                application of subparagraph (A)(i) if the 
                Secretary--
                          ``(i) conducts an investigation of 
                        the material facts related to the 
                        outbreak of human or animal illness; 
                        and
                          ``(ii) reviews the steps or actions 
                        taken by the third-party auditor to 
                        justify the certification and 
                        determines that the accredited third-
                        party auditor satisfied the 
                        requirements under section 801(q) of 
                        certifying the food, or the 
                        requirements under paragraph (2)(B) of 
                        certifying the entity.
          ``(7) Reaccreditation.--The Secretary shall establish 
        procedures to reinstate the accreditation of a third-
        party auditor for which accreditation has been 
        withdrawn under paragraph (6)--
                  ``(A) if the Secretary determines, based on 
                evidence presented, that the third-party 
                auditor satisfies the requirements of this 
                section and adequate grounds for revocation no 
                longer exist; and
                  ``(B) in the case of a third-party auditor 
                accredited by an accreditation body for which 
                recognition as an accreditation body under 
                subsection (b)(1)(C) is revoked--
                          ``(i) if the third-party auditor 
                        becomes accredited not later than 1 
                        year after revocation of accreditation 
                        under paragraph (6)(A), through direct 
                        accreditation under subsection 
                        (b)(1)(A)(ii) or by an accreditation 
                        body in good standing; or
                          ``(ii) under such conditions as the 
                        Secretary may require for a third-party 
                        auditor under paragraph (6)(B).
          ``(8) Neutralizing costs.--The Secretary shall 
        establish by regulation a reimbursement (user fee) 
        program, similar to the method described in section 
        203(h) of the Agriculture Marketing Act of 1946, by 
        which the Secretary assesses fees and requires 
        accredited third-party auditors and audit agents to 
        reimburse the Food and Drug Administration for the work 
        performed to establish and administer the accreditation 
        system under this section. The Secretary shall make 
        operating this program revenue-neutral and shall not 
        generate surplus revenue from such a reimbursement 
        mechanism. Fees authorized under this paragraph shall 
        be collected and available for obligation only to the 
        extent and in the amount provided in advance in 
        appropriation Acts. Such fees are authorized to remain 
        available until expended.
  ``(d) Recertification of Eligible Entities.--An eligible 
entity shall apply for annual recertification by an accredited 
third-party auditor if such entity--
          ``(1) intends to participate in voluntary qualified 
        importer program under section 806; or
          ``(2) is required to provide to the Secretary a 
        certification under section 801(q) for any food from 
        such entity.
  ``(e) False Statements.--Any statement or representation 
made--
          ``(1) by an employee or agent of an eligible entity 
        to an accredited third-party auditor or audit agent; or
          ``(2) by an accredited third-party auditor to the 
        Secretary,
shall be subject to section 1001 of title 18, United States 
Code.
  ``(f) Monitoring.--To ensure compliance with the requirements 
of this section, the Secretary shall--
          ``(1) periodically, or at least once every 4 years, 
        reevaluate the accreditation bodies described in 
        subsection (b)(1);
          ``(2) periodically, or at least once every 4 years, 
        evaluate the performance of each accredited third-party 
        auditor, through the review of regulatory audit reports 
        by such auditors, the compliance history as available 
        of eligible entities certified by such auditors, and 
        any other measures deemed necessary by the Secretary;
          ``(3) at any time, conduct an onsite audit of any 
        eligible entity certified by an accredited third-party 
        auditor, with or without the auditor present; and
          ``(4) take any other measures deemed necessary by the 
        Secretary.
  ``(g) Publicly Available Registry.--The Secretary shall 
establish a publicly available registry of accreditation bodies 
and of accredited third-party auditors, including the name of, 
contact information for, and other information deemed necessary 
by the Secretary about such bodies and auditors.
  ``(h) Limitations.--
          ``(1) No effect on section 704 inspections.--The 
        audits performed under this section shall not be 
        considered inspections under section 704.
          ``(2) No effect on inspection authority.--Nothing in 
        this section affects the authority of the Secretary to 
        inspect any eligible entity pursuant to this Act.''.

SEC. 6308. FOREIGN OFFICES OF THE FOOD AND DRUG ADMINISTRATION.

  (a) In General.--The Secretary shall establish offices of the 
Food and Drug Administration in foreign countries selected by 
the Secretary, to provide assistance to the appropriate 
governmental entities of such countries with respect to 
measures to provide for the safety of articles of food and 
other products regulated by the Food and Drug Administration 
exported by such country to the United States, including by 
directly conducting risk-based inspections of such articles and 
supporting such inspections by such governmental entity.
  (b) Consultation.--In establishing the foreign offices 
described in subsection (a), the Secretary shall consult with 
the Secretary of State, the Secretary of Homeland Security, and 
the United States Trade Representative.
  (c) Report.--Not later than October 1, 2011, the Secretary 
shall submit to Congress a report on the basis for the 
selection by the Secretary of the foreign countries in which 
the Secretary established offices, the progress which such 
offices have made with respect to assisting the governments of 
such countries in providing for the safety of articles of food 
and other products regulated by the Food and Drug 
Administration exported to the United States, and the plans of 
the Secretary for establishing additional foreign offices of 
the Food and Drug Administration, as appropriate.

SEC. 6309. SMUGGLED FOOD.

  (a) In General.--Not later than 180 days after the enactment 
of this Act, the Secretary shall, in coordination with the 
Secretary of Homeland Security, develop and implement a 
strategy to better identify smuggled food and prevent entry of 
such food into the United States.
  (b) Notification to Homeland Security.--Not later than 10 
days after the Secretary identifies a smuggled food that the 
Secretary believes would cause serious adverse health 
consequences or death to humans or animals, the Secretary shall 
provide to the Secretary of Homeland Security a notification 
under section 417(n) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 350f(k)) describing the smuggled food and, if 
available, the names of the individuals or entities that 
attempted to import such food into the United States.
  (c) Public Notification.--If the Secretary--
          (1) identifies a smuggled food;
          (2) reasonably believes exposure to the food would 
        cause serious adverse health consequences or death to 
        humans or animals; and
          (3) reasonably believes that the food has entered 
        domestic commerce and is likely to be consumed,
the Secretary shall promptly issue a press release describing 
that food and shall use other emergency communication or recall 
networks, as appropriate, to warn consumers and vendors about 
the potential threat.
  (d) Effect of Section.--Nothing in this section shall affect 
the authority of the Secretary to issue public notifications 
under other circumstances.
  (e) Definition.--In this subsection, the term ``smuggled 
food'' means any food that a person introduces into the United 
States through fraudulent means or with the intent to defraud 
or mislead.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 6401. FUNDING FOR FOOD SAFETY.

  (a) In General.--There are authorized to be appropriated to 
carry out the activities of the Center for Food Safety and 
Applied Nutrition, the Center for Veterinary Medicine, and 
related field activities in the Office of Regulatory Affairs of 
the Food and Drug Administration such sums as may be necessary 
for fiscal years 2011 through 2015.
  (b) Increased Number of Field Staff.--
          (1) In general.--To carry out the activities of the 
        Center for Food Safety and Applied Nutrition, the 
        Center for Veterinary Medicine, and related field 
        activities of the Office of Regulatory Affairs of the 
        Food and Drug Administration, the Secretary of Health 
        and Human Services shall increase the field staff of 
        such Centers and Office with a goal of not fewer than--
                  (A) 4,000 staff members in fiscal year 2011;
                  (B) 4,200 staff members in fiscal year 2012;
                  (C) 4,600 staff members in fiscal year 2013; 
                and
                  (D) 5,000 staff members in fiscal year 2014.
          (2) Field staff for food defense.--The goal under 
        paragraph (1) shall include an increase of 150 
        employees by fiscal year 2011 to--
                  (A) provide additional detection of and 
                response to food defense threats; and
                  (B) detect, track, and remove smuggled food 
                (as defined in section 6309) from commerce.

SEC. 6402. EMPLOYEE PROTECTIONS.

  Chapter X of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 391 et seq.), as amended by section 6209, is further 
amended by adding at the end the following:

``SEC. 1013. EMPLOYEE PROTECTIONS.

  ``(a) In General.--No entity engaged in the manufacture, 
processing, packing, transporting, distribution, reception, 
holding, or importation of food may discharge an employee or 
otherwise discriminate against an employee with respect to 
compensation, terms, conditions, or privileges of employment 
because the employee, whether at the employee's initiative or 
in the ordinary course of the employee's duties (or any person 
acting pursuant to a request of the employee)--
          ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided to the employer, the 
        Federal Government, or the attorney general of a State 
        information relating to any violation of, or any act or 
        omission the employee reasonably believes to be a 
        violation of any provision of this Act or any order, 
        rule, regulation, standard, or ban under this Act, or 
        any order, rule, regulation, standard, or ban under 
        this Act;
          ``(2) testified or is about to testify in a 
        proceeding concerning such violation;
          ``(3) assisted or participated or is about to assist 
        or participate in such a proceeding; or
          ``(4) objected to, or refused to participate in, any 
        activity, policy, practice, or assigned task that the 
        employee (or other such person) reasonably believed to 
        be in violation of any provision of this Act, or any 
        order, rule, regulation, standard, or ban under this 
        Act.
  ``(b) Process.--
          ``(1) In general.--A person who believes that he or 
        she has been discharged or otherwise discriminated 
        against by any person in violation of subsection (a) 
        may, not later than 180 days after the date on which 
        such violation occurs, file (or have any person file on 
        his or her behalf) a complaint with the Secretary of 
        Labor (referred to in this section as the `Secretary') 
        alleging such discharge or discrimination and 
        identifying the person responsible for such act. Upon 
        receipt of such a complaint, the Secretary shall 
        notify, in writing, the person named in the complaint 
        of the filing of the complaint, of the allegations 
        contained in the complaint, of the substance of 
        evidence supporting the complaint, and of the 
        opportunities that will be afforded to such person 
        under paragraph (2).
          ``(2) Investigation.--
                  ``(A) In general.--Not later than 60 days 
                after the date of receipt of a complaint filed 
                under paragraph (1) and after affording the 
                complainant and the person named in the 
                complaint an opportunity to submit to the 
                Secretary a written response to the complaint 
                and an opportunity to meet with a 
                representative of the Secretary to present 
                statements from witnesses, the Secretary shall 
                initiate an investigation and determine whether 
                there is reasonable cause to believe that the 
                complaint has merit and notify, in writing, the 
                complainant and the person alleged to have 
                committed a violation of subsection (a) of the 
                Secretary's findings.
                  ``(B) Reasonable cause found; preliminary 
                order.--If the Secretary concludes that there 
                is reasonable cause to believe that a violation 
                of subsection (a) has occurred, the Secretary 
                shall accompany the Secretary's findings with a 
                preliminary order providing the relief 
                prescribed by paragraph (3)(B). Not later than 
                30 days after the date of notification of 
                findings under this paragraph, the person 
                alleged to have committed the violation or the 
                complainant may file objections to the findings 
                or preliminary order, or both, and request a 
                hearing on the record. The filing of such 
                objections shall not operate to stay any 
                reinstatement remedy contained in the 
                preliminary order. Any such hearing shall be 
                conducted expeditiously. If a hearing is not 
                requested in such 30-day period, the 
                preliminary order shall be deemed a final order 
                that is not subject to judicial review.
                  ``(C) Dismissal of complaint.--
                          ``(i) Standard for complainant.--The 
                        Secretary shall dismiss a complaint 
                        filed under this subsection and shall 
                        not conduct an investigation otherwise 
                        required under subparagraph (A) unless 
                        the complainant makes a prima facie 
                        showing that any behavior described in 
                        paragraphs (1) through (4) of 
                        subsection (a) was a contributing 
                        factor in the unfavorable personnel 
                        action alleged in the complaint.
                          ``(ii) Standard for employer.--
                        Notwithstanding a finding by the 
                        Secretary that the complainant has made 
                        the showing required under clause (i), 
                        no investigation otherwise required 
                        under subparagraph (A) shall be 
                        conducted if the employer demonstrates, 
                        by clear and convincing evidence, that 
                        the employer would have taken the same 
                        unfavorable personnel action in the 
                        absence of that behavior.
                          ``(iii) Violation standard.--The 
                        Secretary may determine that a 
                        violation of subsection (a) has 
                        occurred only if the complainant 
                        demonstrates that any behavior 
                        described in paragraphs (1) through (4) 
                        of subsection (a) was a contributing 
                        factor in the unfavorable personnel 
                        action alleged in the complaint.
                          ``(iv) Relief standard.--Relief may 
                        not be ordered under subparagraph (A) 
                        if the employer demonstrates by clear 
                        and convincing evidence that the 
                        employer would have taken the same 
                        unfavorable personnel action in the 
                        absence of that behavior.
          ``(3) Final order.--
                  ``(A) In general.--Not later than 120 days 
                after the date of conclusion of any hearing 
                under paragraph (2), the Secretary shall issue 
                a final order providing the relief prescribed 
                by this paragraph or denying the complaint. At 
                any time before issuance of a final order, a 
                proceeding under this subsection may be 
                terminated on the basis of a settlement 
                agreement entered into by the Secretary, the 
                complainant, and the person alleged to have 
                committed the violation.
                  ``(B) Content of order.--If, in response to a 
                complaint filed under paragraph (1), the 
                Secretary determines that a violation of 
                subsection (a) has occurred, the Secretary 
                shall order the person who committed such 
                violation--
                          ``(i) to take affirmative action to 
                        abate the violation;
                          ``(ii) to reinstate the complainant 
                        to his or her former position together 
                        with compensation (including back pay) 
                        and restore the terms, conditions, and 
                        privileges associated with his or her 
                        employment; and
                          ``(iii) to provide compensatory 
                        damages to the complainant.
                  ``(C) Penalty.--If such an order is issued 
                under this paragraph, the Secretary, at the 
                request of the complainant, shall assess 
                against the person against whom the order is 
                issued a sum equal to the aggregate amount of 
                all costs and expenses (including attorneys' 
                and expert witness fees) reasonably incurred, 
                as determined by the Secretary, by the 
                complainant for, or in connection with, the 
                bringing of the complaint upon which the order 
                was issued.
                  ``(D) Bad faith claim.--If the Secretary 
                finds that a complaint under paragraph (1) is 
                frivolous or has been brought in bad faith, the 
                Secretary may award to the prevailing employer 
                a reasonable attorneys' fee, not exceeding 
                $1,000, to be paid by the complainant.
          ``(4) Action in court.--
                  ``(A) In general.--If the Secretary has not 
                issued a final decision within 210 days after 
                the filing of the complaint, or within 90 days 
                after receiving a written determination, the 
                complainant may bring an action at law or 
                equity for de novo review in the appropriate 
                district court of the United States with 
                jurisdiction, which shall have jurisdiction 
                over such an action without regard to the 
                amount in controversy, and which action shall, 
                at the request of either party to such action, 
                be tried by the court with a jury. The 
                proceedings shall be governed by the same legal 
                burdens of proof specified in paragraph (2)(C).
                  ``(B) Relief.--The court shall have 
                jurisdiction to grant all relief necessary to 
                make the employee whole, including injunctive 
                relief and compensatory damages, including--
                          ``(i) reinstatement with the same 
                        seniority status that the employee 
                        would have had, but for the discharge 
                        or discrimination;
                          ``(ii) the amount of back pay, with 
                        interest; and
                          ``(iii) compensation for any special 
                        damages sustained as a result of the 
                        discharge or discrimination, including 
                        litigation costs, expert witness fees, 
                        and reasonable attorney's fees.
          ``(5) Review.--
                  ``(A) In general.--Unless the complainant 
                brings an action under paragraph (4), any 
                person adversely affected or aggrieved by a 
                final order issued under paragraph (3) may 
                obtain review of the order in the United States 
                Court of Appeals for the circuit in which the 
                violation, with respect to which the order was 
                issued, allegedly occurred or the circuit in 
                which the complainant resided on the date of 
                such violation. The petition for review must be 
                filed not later than 60 days after the date of 
                the issuance of the final order of the 
                Secretary. Review shall conform to chapter 7 of 
                title 5, United States Code. The commencement 
                of proceedings under this subparagraph shall 
                not, unless ordered by the court, operate as a 
                stay of the order.
                  ``(B) No judicial review.--An order of the 
                Secretary with respect to which review could 
                have been obtained under subparagraph (A) shall 
                not be subject to judicial review in any 
                criminal or other civil proceeding.
          ``(6) Failure to comply with order.--Whenever any 
        person has failed to comply with an order issued under 
        paragraph (3), the Secretary may file a civil action in 
        the United States district court for the district in 
        which the violation was found to occur, or in the 
        United States district court for the District of 
        Columbia, to enforce such order. In actions brought 
        under this paragraph, the district courts shall have 
        jurisdiction to grant all appropriate relief including, 
        but not limited to, injunctive relief and compensatory 
        damages.
          ``(7) Civil action to require compliance.--
                  ``(A) In general.--A person on whose behalf 
                an order was issued under paragraph (3) may 
                commence a civil action against the person to 
                whom such order was issued to require 
                compliance with such order. The appropriate 
                United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, 
                to enforce such order.
                  ``(B) Award.--The court, in issuing any final 
                order under this paragraph, may award costs of 
                litigation (including reasonable attorneys' and 
                expert witness fees) to any party whenever the 
                court determines such award is appropriate.
  ``(c) Effect of Section.--
          ``(1) Other laws.--Nothing in this section preempts 
        or diminishes any other safeguards against 
        discrimination, demotion, discharge, suspension, 
        threats, harassment, reprimand, retaliation, or any 
        other manner of discrimination provided by Federal or 
        State law.
          ``(2) Rights of employees.--Nothing in this section 
        shall be construed to diminish the rights, privileges, 
        or remedies of any employee under any Federal or State 
        law or under any collective bargaining agreement. The 
        rights and remedies in this section may not be waived 
        by any agreement, policy, form, or condition of 
        employment.
  ``(d) Enforcement.--Any nondiscretionary duty imposed by this 
section shall be enforceable in a mandamus proceeding brought 
under section 1361 of title 28, United States Code.
  ``(e) Limitation.--Subsection (a) shall not apply with 
respect to an employee of an entity engaged in the manufacture, 
processing, packing, transporting, distribution, reception, 
holding, or importation of food who, acting without direction 
from such entity (or such entity's agent), deliberately causes 
a violation of any requirement relating to any violation or 
alleged violation of any order, rule, regulation, standard, or 
ban under this Act.''.

SEC. 6403. JURISDICTION; AUTHORITIES.

  Nothing in this Act, or an amendment made by this Act, shall 
be construed to--
          (1) alter the jurisdiction between the Secretary of 
        Agriculture and the Secretary of Health and Human 
        Services, under applicable statutes, regulations, or 
        agreements regarding voluntary inspection of non-
        amenable species under the Agricultural Marketing Act 
        of 1946 (7 U.S.C. 1621 et seq.);
          (2) alter the jurisdiction between the Alcohol and 
        Tobacco Tax and Trade Bureau and the Secretary of 
        Health and Human Services, under applicable statutes 
        and regulations;
          (3) limit the authority of the Secretary of Health 
        and Human Services under--
                  (A) the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 301 et seq.) as in effect on the day 
                before the date of enactment of this Act; or
                  (B) the Public Health Service Act (42 U.S.C. 
                301 et seq.) as in effect on the day before the 
                date of enactment of this Act;
          (4) alter or limit the authority of the Secretary of 
        Agriculture under the laws administered by such 
        Secretary, including--
                  (A) the Federal Meat Inspection Act (21 
                U.S.C. 601 et seq.);
                  (B) the Poultry Products Inspection Act (21 
                U.S.C. 451 et seq.);
                  (C) the Egg Products Inspection Act (21 
                U.S.C. 1031 et seq.);
                  (D) the United States Grain Standards Act (7 
                U.S.C. 71 et seq.);
                  (E) the Packers and Stockyards Act, 1921 (7 
                U.S.C. 181 et seq.);
                  (F) the United States Warehouse Act (7 U.S.C. 
                241 et seq.);
                  (G) the Agricultural Marketing Act of 1946 (7 
                U.S.C. 1621 et seq.); and
                  (H) the Agricultural Adjustment Act (7 U.S.C. 
                601 et seq.), reenacted with the amendments 
                made by the Agricultural Marketing Agreement 
                Act of 1937; or
          (5) alter, impede, or affect the authority of the 
        Secretary of Homeland Security under the Homeland 
        Security Act of 2002 (6 U.S.C. 101 et seq.) or any 
        other statute, including any authority related to 
        securing the borders of the United States, managing 
        ports of entry, or agricultural import and entry 
        inspection activities.

SEC. 6404. COMPLIANCE WITH INTERNATIONAL AGREEMENTS.

  Nothing in this Act (or an amendment made by this Act) shall 
be construed in a manner inconsistent with the agreement 
establishing the World Trade Organization or any other treaty 
or international agreement to which the United States is a 
party.

SEC. 6405. DETERMINATION OF BUDGETARY EFFECTS.

  The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, 
jointly submitted for printing in the Congressional Record by 
the Chairmen of the House and Senate Budget Committees, 
provided that such statement has been submitted prior to the 
vote on passage in the House acting first on this conference 
report or amendment between the Houses.

                                  
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