99–008 

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). 


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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. 


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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. 


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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 


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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 multipleyear 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. 


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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 nonFederal 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 


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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. 


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(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. 


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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’’, 

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ment 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 

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pended; 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. 


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(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 Inspec- tion 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 allotVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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ments 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. 


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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, 


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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’’ 


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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. 


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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 


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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 


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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 


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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 


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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. 


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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 subprojects 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 DepartVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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ment 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, DefenseWide’’, 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 multiyear 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 


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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 


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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 enduse 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 


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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 


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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 


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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 


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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 


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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’’, 


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$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)’’. 


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(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. 


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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 


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(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. 


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‘‘(b) The revised site-specific biosafety and biosecurity mitigation 

risk assessment required by subsection (a) shall— 

‘‘(1) include a quantitative risk assessment for foot-andmouth 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, 


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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 


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‘‘$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 


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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 fac ̧ade. 

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 longterm 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. 


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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.— 


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(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. 


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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. 


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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 NaVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00042 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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tionality 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— 


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44 

(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. 


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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; 


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(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 

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sion 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. 


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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.’’. 


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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. 


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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, DefenseWide’’, $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 


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‘‘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. 


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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, ConstrucVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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tion’’, $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 


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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’’. 


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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 ‘ExportImport 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 


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(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 Re- structuring’ 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. 


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(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. 


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(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. 


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(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, genderbased 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. 


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(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. 


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‘‘(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, Grantsin-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. 


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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– 


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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) 


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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. 


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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’’. 


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(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 


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$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)’’. 


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(f) COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEM MOD- ERNIZATION.—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 OPERA- TORS.—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 PRO- CEDURES 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 developVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00068 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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ment, 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


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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’’; 


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(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 SecVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00071 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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retary 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’’. 


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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.— 


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(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’’. 


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(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. 


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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.’’. 


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(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 REG- ISTRATION 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 posVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00077 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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sible 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 


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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— 


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‘‘(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 


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‘‘(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 


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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 SEC- TION 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 


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‘‘(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 enduser’, 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. 


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‘‘(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 


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‘‘(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 preVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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ventative 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.— 


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(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 


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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 PROD- UCTS 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 


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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: 


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‘‘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 


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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 introducVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00091 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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tion 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 


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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 avVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00093 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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erage 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 


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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. 


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‘‘(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. 


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(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; 


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‘‘(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 


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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 

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scribed 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 


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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 


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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— 


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(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 


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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 riskbased 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 


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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— 


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(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). 


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(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 ANAPHY- LAXIS 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 


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risk for anaphylaxis, including any procedures for the selfadministration 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 lifethreatening 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 afterschool 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.— 


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(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 


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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 CON- TRIBUTION.—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 conVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00110 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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strued 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 


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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 postharvest 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 


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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 FACILI- TIES, 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.— 


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‘‘(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 


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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; 


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‘‘(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 


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‘‘(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 labVerDate Mar 15 2010 03:58 Dec 09, 2010 Jkt 099008 PO 00000 Frm 00117 Fmt 6659 Sfmt 6602 E:\HR\OC\HR675.XXX HR675

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oratories 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 


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‘‘(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 


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(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— 


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(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 


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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 


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(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 


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(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). 


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(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— 


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(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 


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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 


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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 

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ational 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 

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oratories, 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— 


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‘‘(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 warehousebased 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. 

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tinue 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 

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ject 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 


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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; 


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(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— 


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(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 

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cy, 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: 


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‘‘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 


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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— 


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‘‘(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. 


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‘‘(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, nonFederal 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 


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‘‘(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— 


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(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 onepage 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 

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vide 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 

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vide 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.’’. 


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(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. 


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‘‘(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 


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‘‘(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. 


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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 


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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 thirdparty auditor. 


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‘‘(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 thirdparty 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 


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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 thirdparty 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 PAR- TIES.—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 


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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— 


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‘‘(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 thirdparty 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 


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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 thirdparty 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 thirdparty 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. 


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‘‘(B) ADDITIONAL BASIS FOR WITHDRAWAL OF ACCREDITATION.—The Secretary may withdraw accreditation from an 

accredited third-party auditor in the case that such thirdparty 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 thirdparty 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 


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‘‘(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 


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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— 


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(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). 


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‘‘(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 


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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; 


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‘‘(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 


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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, 


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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. 

Æ 


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