In the House of Representatives, U. S., 

December 8, 2010. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 3082) entitled ‘‘An Act making appropriations for military construction, the Department of 

Veterans Affairs, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.’’, with the 

following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate, insert the following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Full-Year Continuing 

3 Appropriations Act, 2011’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 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 

6 SEC. 3. REFERENCES. 

7 Except as expressly provided otherwise, any reference 

8 to ‘‘this Act’’ contained in any division of this Act shall 
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1 be treated as referring only to the provisions of that divi2 sion. 

3 DIVISION A—FULL-YEAR 

4 CONTINUING APPROPRIATIONS 

5 The following sums are hereby appropriated, out of 

6 any money in the Treasury not otherwise appropriated, 

7 and out of applicable corporate or other revenues, receipts, 

8 and funds, for the several departments, agencies, corpora9 tions, and other organizational units of Government for fis10 cal year 2011, and for other purposes, namely: 

11 TITLE I—GENERAL PROVISIONS 

12 SEC. 1101. (a) Such amounts as may be necessary, at 

13 the level specified in subsection (c) and under the authority 

14 and conditions provided in applicable appropriations Acts 

15 for fiscal year 2010, for projects or activities (including the 

16 costs of direct loans and loan guarantees) that are not other17 wise specifically provided for, and for which appropria18 tions, funds, or other authority were made available in the 

19 following appropriations Acts: 

20 (1) The Agriculture, Rural Development, Food 

21 and Drug Administration, and Related Agencies Ap22 propriations Act, 2010 (Public Law 111–80). 

23 (2) Division A of the Department of Defense Ap24 propriations Act, 2010 (division A of Public Law 

25 111–118). 
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1 (3) The Energy and Water Development and Re2 lated Agencies Appropriations Act, 2010 (Public Law 

3 111–85). 

4 (4) The Department of Homeland Security Ap5 propriations Act, 2010 (Public Law 111–83) and sec6 tion 601 of the Supplemental Appropriations Act, 

7 2010 (Public Law 111–212). 

8 (5) The Department of the Interior, Environ9 ment, and Related Agencies Appropriations Act, 2010 

10 (division A of Public Law 111–88). 

11 (6) The Legislative Branch Appropriations Act, 

12 2010 (division A of Public Law 111–68). 

13 (7) The Consolidated Appropriations Act, 2010 

14 (Public Law 111–117). 

15 (8) Chapter 3 of title I of the Supplemental Ap16 propriations Act, 2010 (Public Law 111–212), except 

17 for appropriations under the heading ‘‘Operation and 

18 Maintenance’’ relating to Haiti following the earth19 quake of January 12, 2010, or the Port of Guam: 

20 Provided, That the amount provided for the Depart21 ment of Defense pursuant to this paragraph shall not 

22 exceed $29,387,401,000: Provided further, That the 

23 Secretary of Defense shall allocate such amount to 

24 each appropriation account, budget activity, activity 

25 group, and subactivity group, and to each program, 
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1 project, and activity within each appropriation ac2 count, in the same proportions as such appropria3 tions for fiscal year 2010. 

4 (b) For purposes of this Act, the term ‘‘level’’ means 

5 an amount. 

6 (c) The level referred to in subsection (a) shall be the 

7 amounts appropriated in the appropriations Acts referred 

8 to in such subsection, including transfers and obligation 

9 limitations, except that— 

10 (1) such level shall not include any amount pre11 viously designated (other than amounts in section 

12 1101(a)(8)) as an emergency requirement and nec13 essary to meet emergency needs pursuant to sections 

14 403(a) and 423(b) of S. Con. Res. 13 (111th Con15 gress), the concurrent resolution on the budget for fis16 cal year 2010; and 

17 (2) such level shall be calculated without regard 

18 to any rescission or cancellation of funds or contract 

19 authority. 

20 SEC. 1102. Appropriations made by section 1101 shall 

21 be available to the extent and in the manner that would 

22 be provided by the pertinent appropriations Act. 

23 SEC. 1103. Appropriations provided by this Act that, 

24 in the applicable appropriations Act for fiscal year 2010, 
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1 carried a multiple-year or no-year period of availability 

2 shall retain a comparable period of availability. 

3 SEC. 1104. Except as otherwise expressly provided in 

4 this Act, the requirements, authorities, conditions, limita5 tions, and other provisions of the appropriations Acts re6 ferred to in section 1101(a) shall continue in effect through 

7 the date specified in section 1106. 

8 SEC. 1105. No appropriation or funds made available 

9 or authority granted pursuant to section 1101 shall be used 

10 to initiate or resume any project or activity for which ap11 propriations, funds, or other authority were specifically 

12 prohibited during fiscal year 2010. 

13 SEC. 1106. Unless otherwise provided for in this Act 

14 or in the applicable appropriations Act, appropriations 

15 and funds made available and authority granted pursuant 

16 to this Act shall be available through September 30, 2011. 

17 SEC. 1107. Expenditures made pursuant to the Con18 tinuing Appropriations Act, 2011 (Public Law 111–242), 

19 shall be charged to the applicable appropriation, fund, or 

20 authorization provided by this Act. 

21 SEC. 1108. Funds appropriated by this Act may be 

22 obligated and expended notwithstanding section 10 of Pub23 lic Law 91–672 (22 U.S.C. 2412), section 15 of the State 

24 Department Basic Authorities Act of 1956 (22 U.S.C. 

25 2680), section 313 of the Foreign Relations Authorization 
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1 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and 

2 section 504(a)(1) of the National Security Act of 1947 (50 

3 U.S.C. 414(a)(1)). 

4 SEC. 1109. (a) With respect to any discretionary ac5 count for which advance appropriations were provided for 

6 fiscal year 2011 or 2012 in an appropriations Act for fiscal 

7 year 2010, in addition to amounts otherwise made available 

8 by this Act, advance appropriations are provided in the 

9 same amount for fiscal year 2012 or 2013, respectively, 

10 with a comparable period of availability. 

11 (b) In addition to amounts provided by subsection (a), 

12 an additional amount is provided for the following accounts 

13 in the amounts specified: 

14 (1) ‘‘Department of Veterans Affairs, Medical 

15 Services’’, $2,513,985,000, which shall become avail16 able on October 1, 2011, and shall remain available 

17 until September 30, 2012. 

18 (2) ‘‘Department of Veterans Affairs, Medical 

19 Support and Compliance’’, $228,000,000, which shall 

20 become available on October 1, 2011, and shall re21 main available until September 30, 2012. 

22 (c) Notwithstanding subsection (a), amounts are pro23 vided for ‘‘Department of Veterans Affairs, Medical Facili24 ties’’ in the amount of $5,426,000,000, which shall become 
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1 available on October 1, 2011, and shall remain available 

2 until September 30, 2012. 

3 SEC. 1110. (a) For entitlements and other mandatory 

4 payments whose budget authority was provided in appro5 priations Acts for fiscal year 2010, and for activities under 

6 the Food and Nutrition Act of 2008, the levels established 

7 by section 1101 shall be the amounts necessary to maintain 

8 program levels under current law. 

9 (b) In addition to the amounts otherwise provided by 

10 section 1101, the following amounts shall be available for 

11 the following accounts for advance payments for the first 

12 quarter of fiscal year 2012: 

13 (1) ‘‘Department of Labor, Employment Stand14 ards Administration, Special Benefits for Disabled 

15 Coal Miners’’, for benefit payments under title IV of 

16 the Federal Mine Safety and Health Act of 1977, 

17 $41,000,000, to remain available until expended. 

18 (2) ‘‘Department of Health and Human Services, 

19 Centers for Medicare and Medicaid Services, Grants 

20 to States for Medicaid’’, for payments to States or in 

21 the case of section 1928 on behalf of States under title 

22 XIX of the Social Security Act, $86,445,289,000, to 

23 remain available until expended. 

24 (3) ‘‘Department of Health and Human Services, 

25 Administration for Children and Families, Payments 
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1 to States for Child Support Enforcement and Family 

2 Support Programs’’, for payments to States or other 

3 non-Federal entities under titles I, IV–D, X, XI, XIV, 

4 and XVI of the Social Security Act and the Act of 

5 July 5, 1960 (24 U.S.C. ch. 9), $1,200,000,000, to re6 main available until expended. 

7 (4) ‘‘Department of Health and Human Services, 

8 Administration for Children and Families, Payments 

9 to States for Foster Care and Permanency’’, for pay10 ments to States or other non-Federal entities under 

11 title IV–E of the Social Security Act, $1,850,000,000. 

12 (5) ‘‘Social Security Administration, Supple13 mental Security Income Program’’, for benefit pay14 ments under title XVI of the Social Security Act, 

15 $13,400,000,000, to remain available until expended. 

16 SEC. 1111. The following amounts are designated as 

17 an emergency requirement and necessary to meet emergency 

18 needs pursuant to sections 403(a) and 423(b) of S. Con. 

19 Res. 13 (111th Congress), the concurrent resolution on the 

20 budget for fiscal year 2010: 

21 (1) Amounts incorporated by reference in this 

22 Act that were previously designated as available for 

23 overseas deployments and other activities pursuant to 

24 such concurrent resolution. 
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1 (2) Amounts made available pursuant to para2 graph (8) of section 1101(a) of this Act. 

3 SEC. 1112. Any language specifying an earmark in 

4 an appropriations Act for fiscal year 2010, or in a com5 mittee report or joint explanatory statement accompanying 

6 such an Act, shall have no legal effect with respect to funds 

7 appropriated by this Act. For purposes of this section, the 

8 term ‘‘earmark’’ means a congressional earmark or congres9 sionally directed spending item, as defined in clause 9(e) 

10 of rule XXI of the Rules of the House of Representatives 

11 and paragraph 5(a) of rule XLIV of the Standing Rules 

12 of the Senate. 

13 SEC. 1113. (a) Notwithstanding section 1101, user fees 

14 for ‘‘Securities and Exchange Commission, Salaries and 

15 Expenses’’ shall be available for obligation in the amount 

16 of $1,250,000,000: Provided, That the authority provided 

17 in this subsection shall be deemed a regular appropriation 

18 for purposes of section 6(b) of the Securities Act of 1933 

19 (15 U.S.C. 77f(b)) and sections 13(e), 14(g), and 31 of the 

20 Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), 

21 and 78ee). 

22 (b) Notwithstanding section 1101, the Federal Commu23 nications Commission is authorized to assess and collect 

24 pursuant to section 9 of title I of the Communications Act 

25 of 1934 offsetting collections during fiscal year 2011 of 
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1 $350,634,000, and such amounts shall be available for obli2 gation until expended, of which not less than $8,279,115 

3 shall be for the salaries and expenses of the Office of Inspec4 tor General. 

5 SEC. 1114. (a) For the purposes of this section— 

6 (1) the term ‘‘employee’’— 

7 (A) means an employee as defined in sec8 tion 2105 of title 5, United States Code; and 

9 (B) includes an individual to whom sub10 section (b), (c), or (f) of such section 2105 per11 tains (whether or not such individual satisfies 

12 subparagraph (A)); 

13 (2) the term ‘‘senior executive’’ means— 

14 (A) a member of the Senior Executive Serv15 ice under subchapter VIII of chapter 53 of title 

16 5, United States Code; 

17 (B) a member of the FBI–DEA Senior Ex18 ecutive Service under subchapter III of chapter 

19 31 of title 5, United States Code; 

20 (C) a member of the Senior Foreign Service 

21 under chapter 4 of title I of the Foreign Service 

22 Act of 1980 (22 U.S.C. 3961 and following); and 

23 (D) a member of any similar senior execu24 tive service in an Executive agency; 
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1 (3) the term ‘‘senior-level employee’’ means an 

2 employee who holds a position in an Executive agen3 cy and who is covered by section 5376 of title 5, 

4 United States Code, or any similar authority; and 

5 (4) the term ‘‘Executive agency’’ has the mean6 ing given such term by section 105 of title 5, United 

7 States Code. 

8 (b)(1) Notwithstanding any other provision of law, ex9 cept as provided in subsection (e), no statutory pay adjust10 ment which (but for this subsection) would otherwise take 

11 effect during the period beginning on January 1, 2011, and 

12 ending on December 31, 2012, shall be made. 

13 (2) For purposes of this subsection, the term ‘‘statutory 

14 pay adjustment’’ means— 

15 (A) an adjustment required under section 5303, 

16 5304, 5304a, 5318, or 5343(a) of title 5, United 

17 States Code; and 

18 (B) any similar adjustment, required by statute, 

19 with respect to employees in an Executive agency. 

20 (c) Notwithstanding any other provision of law, except 

21 as provided in subsection (e), during the period beginning 

22 on January 1, 2011, and ending on December 31, 2012, 

23 no senior executive or senior-level employee may receive an 

24 increase in his or her rate of basic pay absent a change 
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1 of position that results in a substantial increase in respon2 sibility, or a promotion. 

3 (d) The President may issue guidance that Executive 

4 agencies shall apply in the implementation of this section. 

5 (e) The Non-Foreign Area Retirement Equity Assur6 ance Act of 2009 (5 U.S.C. 5304 note) shall be applied using 

7 the appropriate locality-based comparability payments es8 tablished by the President as the applicable comparability 

9 payments in section 1914(2) and (3) of such Act. 

10 SEC. 1115. (a) Amounts made available by this Act 

11 shall be available for transfer by the head of the agency to 

12 the extent necessary to avoid furloughs or reductions in 

13 force, or to provide funding necessary for programs and ac14 tivities required by law: Provided, That such transfers may 

15 not result in the termination of programs, projects or ac16 tivities: Provided further, That such transfers shall be sub17 ject to the approval of the House and Senate Appropria18 tions Committees. 

19 (b) The authorities provided by subsection (a) of this 

20 section shall be in addition to any other transfer authority 

21 provided elsewhere in this statute. 

22 SEC. 1116. None of the funds made available in this 

23 or any prior Act may be used to transfer, release, or assist 

24 in the transfer or release to or within the United States, 
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1 its territories, or possessions Khalid Sheikh Mohammed or 

2 any other detainee who— 

3 (1) is not a United States citizen or a member 

4 of the Armed Forces of the United States; and 

5 (2) is or was held on or after June 24, 2009, at 

6 the United States Naval Station, Guantanamo Bay, 

7 Cuba, by the Department of Defense. 

8 SEC. 1117. None of the funds appropriated or other9 wise made available by this Act may be obligated by any 

10 covered executive agency in contravention of the certifi11 cation requirement of section 6(b) of the Iran Sanctions Act 

12 of 1996, as included in the revisions to the Federal Acquisi13 tion Regulation pursuant to such section. 

14 TITLE II—ADJUSTMENTS IN FUNDING AND 

15 OTHER PROVISIONS 

16 CHAPTER 1—AGRICULTURE, RURAL DEVELOP17 MENT, FOOD AND DRUG ADMINISTRATION, 

18 AND RELATED AGENCIES 

19 SEC. 2101. Notwithstanding section 1101, the level for 

20 each of the following accounts shall be as follows: ‘‘Agricul21 tural Programs, Agricultural Research Service, Buildings 

22 and Facilities,’’ $0; ‘‘Agricultural Programs, Agricultural 

23 Marketing Service, Marketing Services’’, $126,148,000; 

24 ‘‘Agricultural Programs, Grain Inspection, Packers and 

25 Stockyards Administration, Limitation on Inspection and 
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1 Weighing Services Expenses’’, $50,000,000; ‘‘Conservation 

2 Programs, Natural Resources Conservation Service, Water3 shed and Flood Prevention Operations’’, $0; ‘‘Rural Devel4 opment Programs, Rural Housing Service, Rental Assist5 ance Program’’, $971,593,000; ‘‘Domestic Food Programs, 

6 Food and Nutrition Service, Special Supplemental Nutri7 tion Program for Women, Infants, and Children (WIC)’’, 

8 $6,773,372,000; ‘‘Domestic Food Programs, Food and Nu9 trition Service, Nutrition Programs Administration’’, 

10 $150,801,000; ‘‘Foreign Assistance and Related Programs, 

11 Foreign Agricultural Service, Salaries and Expenses’’, 

12 $187,801,000; and ‘‘Related Agencies and Food and Drug 

13 Administration, Independent Agencies, Farm Credit Ad14 ministration, Limitation on Administrative Expenses’’, 

15 $59,400,000. 

16 SEC. 2102. Notwithstanding section 1101, the level for 

17 ‘‘Agricultural Programs, Agriculture Buildings and Facili18 ties and Rental Payments’’ shall be $260,051,000, of which 

19 $178,470,000 shall be available for payments to the General 

20 Services Administration for rent; of which $13,800,000 

21 shall be for payment to the Department of Homeland Secu22 rity for building security activities; and of which 

23 $67,781,000 shall be for buildings operations and mainte24 nance expenses. 
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1 SEC. 2103. The amounts included under the heading 

2 ‘‘Agricultural Programs, National Institute of Food and 

3 Agriculture, Research and Education Activities’’ in Public 

4 Law 111–80 shall be applied to funds appropriated by this 

5 division as follows: by substituting ‘‘$317,884,000’’ for 

6 ‘‘$215,000,000’’; by substituting ‘‘$34,816,000’’ for 

7 ‘‘$29,000,000’’; by substituting ‘‘$51,000,000’’ for 

8 ‘‘$48,500,000’’; by substituting ‘‘$268,957,000’’ for 

9 ‘‘$262,482,000’’; by substituting ‘‘$2,844,000’’ for 

10 ‘‘$89,029,000’’; by substituting ‘‘$2,173,000’’ for 

11 ‘‘$1,805,000’’; by substituting ‘‘$9,699,000’’ for 

12 ‘‘$9,237,000’’; by substituting ‘‘$19,100,000’’ for 

13 ‘‘$18,250,000’’; by substituting ‘‘$4,009,000’’ for 

14 ‘‘$3,342,000’’; by substituting ‘‘$3,232,000’’ for 

15 ‘‘$3,200,000’’; and by substituting ‘‘$11,253,000’’ for 

16 ‘‘$45,122,000’’. 

17 SEC. 2104. The amounts included under the heading 

18 ‘‘Agricultural Programs, National Institute of Food and 

19 Agriculture, Extension Activities’’ in Public Law 111–80 

20 shall be applied to funds appropriated by this division as 

21 follows: by substituting ‘‘$306,227,000’’ for ‘‘$297,500,000’’; 

22 by substituting ‘‘$43,838,000’’ for ‘‘$42,677,000’’; by sub23 stituting ‘‘$69,131,000’’ for ‘‘$68,070,000’’; by substituting 

24 ‘‘$3,755,000’’ for ‘‘$3,045,000’’; by substituting 

25 ‘‘$19,886,000’’ for ‘‘$19,770,000’’; by substituting 
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1 ‘‘$4,377,000’’ for ‘‘$4,321,000’’; and by substituting 

2 ‘‘$8,565,000’’ for ‘‘$20,396,000’’. 

3 SEC. 2105. The amounts included under the heading 

4 ‘‘Agricultural Programs, Animal and Plant Health Inspec5 tion Services, Salaries and Expenses’’ in Public Law 111– 

6 80 shall be applied to funds appropriated by this division 

7 by substituting ‘‘$45,219,000’’ for ‘‘$60,243,000’’. 

8 SEC. 2106. In addition to amounts otherwise appro9 priated or made available by this Act, $31,875,000 is ap10 propriated to the Secretary of Agriculture for the costs of 

11 loan and loan guarantees under the heading ‘‘Agricultural 

12 Programs, Farm Service Agency, Agricultural Credit In13 surance Fund Program Account’’ to ensure that the fiscal 

14 year 2010 program levels for such loan and loan guarantee 

15 programs are maintained for fiscal year 2011. Funds ap16 propriated by this Act to such heading for farm ownership, 

17 operating and conservation direct loans and guaranteed 

18 loans may be transferred among these programs. The Sec19 retary of Agriculture shall notify the Committees on Appro20 priations of the House of Representatives and Senate at 

21 least 15 days in advance of any transfer. 

22 SEC. 2107. Notwithstanding section 1101, the level for 

23 each of the following accounts under the heading ‘‘Rural 

24 Development Programs’’ shall be as follows: ‘‘Rural Hous25 ing Service, Rural Housing Insurance Fund Program Ac-
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1 count’’, $582,409,000; ‘‘Rural Housing Service, Farm 

2 Labor Program Account’’, $20,358,000; ‘‘Rural Housing 

3 Service, Rural Community Facilities Program Account’’, 

4 $56,579,000; ‘‘Rural Business-Cooperative Service, Rural 

5 Development Loan Fund Program Account’’, $17,879,000; 

6 ‘‘Rural Utilities Service, Rural Water and Waste Disposal 

7 Program Account’’, $579,361,000; ‘‘Rural Utilities Service, 

8 Rural Electrification and Telecommunications Loans Pro9 gram Account’’, $40,659,000; and ‘‘Rural Utilities Service, 

10 Distance Learning, Telemedicine, and Broadband Pro11 gram’’, $78,051,000: Provided, That these funds are appro12 priated to the Secretary of Agriculture to ensure that the 

13 fiscal year 2010 program levels for such loan and loan 

14 guarantee programs are maintained for fiscal year 2011: 

15 Provided further, That the amount provided in this Act for 

16 grants and administrative expenses under these accounts 

17 shall remain unchanged from fiscal year 2010. 

18 SEC. 2108. Notwithstanding section 1101, the level for 

19 ‘‘Domestic Food Programs, Food and Nutrition Service, 

20 Child Nutrition Programs’’ shall be $17,319,981,000, to re21 main available through September 30, 2012, for necessary 

22 expenses to carry out the Richard B. Russell National 

23 School Lunch Act (42 U.S.C. 1751 et seq.), except section 

24 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 

25 et seq.), except sections 17 and 21; of which such sums as 
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1 are made available under section 14222(b)(1) of the Food, 

2 Conservation, and Energy Act of 2008 (Public Law 110– 

3 246), as amended by this Act, shall be merged with and 

4 available for the same time period and purposes as provided 

5 herein: Provided, That of the total amount available, 

6 $5,000,000 shall be available to be awarded as competitive 

7 grants to implement section 4405 of the Food, Conservation, 

8 and Energy Act of 2008 (Public Law 110–246), and may 

9 be awarded notwithstanding the limitations imposed by sec10 tions 4405(b)(1)(A) and 4405(c)(1)(A): Provided further, 

11 That section 14222(b)(1) of the Food, Conservation, and 

12 Energy Act of 2008 is amended by adding at the end before 

13 the period, ‘‘except section 21, and the Child Nutrition Act 

14 of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 

15 21’’. 

16 SEC. 2109. Notwithstanding section 1101, the level for 

17 ‘‘Domestic Food Programs, Food and Nutrition Service, 

18 Commodity Assistance Program’’, shall be $253,358,000, of 

19 which $176,788,000 shall be for the Commodity Supple20 mental Food Program. 

21 SEC. 2110. Notwithstanding section 1101, the level for 

22 ‘‘Related Agencies and Food and Drug Administration, 

23 Food and Drug Administration, Salaries and Expenses’’ 

24 shall be $3,707,611,000: Provided, That of the amount pro25 vided under this heading, $667,057,000 shall be derived 
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1 from prescription drug user fees authorized by section 736 

2 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

3 379h), shall be credited to this account and remain avail4 able until expended, and shall not include any fees pursu5 ant to paragraphs (2) and (3) of section 736(a) of such Act 

6 (21 U.S.C. 379h(a)(2) and (a)(3)) assessed for fiscal year 

7 2012 but collected in fiscal year 2011; $61,860,000 shall be 

8 derived from medical device user fees authorized by section 

9 738 of such Act (21 U.S.C. 379j), and shall be credited to 

10 this account and remain available until expended; 

11 $19,448,000 shall be derived from animal drug user fees au12 thorized by section 740 of such Act (21 U.S.C. 379j–12), 

13 and shall be credited to this account and remain available 

14 until expended; $5,397,000 shall be derived from animal ge15 neric drug user fees authorized by section 741 of such Act 

16 (21 U.S.C. 379j–21), and shall be credited to this account 

17 and shall remain available until expended; and 

18 $450,000,000 shall be derived from tobacco product user fees 

19 authorized by section 919 of such Act (21 U.S.C. 387s) and 

20 shall be credited to this account and remain available until 

21 expended: Provided further, That in addition and notwith22 standing any other provision under this heading, amounts 

23 collected for prescription drug user fees that exceed the fiscal 

24 year 2011 limitation are appropriated and shall be credited 

25 to this account and remain available until expended: Pro-
20 

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1 vided further, That fees derived from prescription drug, 

2 medical device, animal drug, animal generic drug, and to3 bacco product assessments for fiscal year 2011 received dur4 ing fiscal year 2011, including any such fees assessed prior 

5 to fiscal year 2011 but credited for fiscal year 2011, shall 

6 be subject to the fiscal year 2011 limitations: Provided fur7 ther, That none of these funds shall be used to develop, estab8 lish, or operate any program of user fees authorized by 31 

9 U.S.C. 9701: Provided further, That of the total amount 

10 appropriated under this heading: (1) $856,383,000 shall be 

11 for the Center for Food Safety and Applied Nutrition and 

12 related field activities in the Office of Regulatory Affairs; 

13 (2) $963,311,000 shall be for the Center for Drug Evalua14 tion and Research and related field activities in the Office 

15 of Regulatory Affairs; (3) $328,234,000 shall be for the Cen16 ter for Biologics Evaluation and Research and for related 

17 field activities in the Office of Regulatory Affairs; (4) 

18 $162,946,000 shall be for the Center for Veterinary Medicine 

19 and for related field activities in the Office of Regulatory 

20 Affairs; (5) $362,491,000 shall be for the Center for Devices 

21 and Radiological Health and for related field activities in 

22 the Office of Regulatory Affairs; (6) $60,975,000 shall be 

23 for the National Center for Toxicological Research; (7) 

24 $421,463,000 shall be for the Center for Tobacco Products 

25 and for related field activities in the Office of Regulatory 
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1 Affairs; (8) not to exceed $141,724,000 shall be for Rent 

2 and Related activities, of which $41,951,000 is for White 

3 Oak Consolidation, other than the amounts paid to the Gen4 eral Services Administration for rent; (9) not to exceed 

5 $185,983,000 shall be for payments to the General Services 

6 Administration for rent; and (10) $224,101,000 shall be for 

7 other activities, including the Office of the Commissioner 

8 of Food and Drugs; the Office of Foods; the Office of the 

9 Chief Scientist; the Office of Policy, Planning and Budget; 

10 the Office of International Programs; the Office of Adminis11 tration; and central services for these offices: Provided fur12 ther, That none of the funds made available under this 

13 heading shall be used to transfer funds under section 770(n) 

14 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

15 379dd): Provided further, That not to exceed $25,000 of the 

16 amount provided under this heading shall be for official re17 ception and representation expenses, not otherwise provided 

18 for, as determined by the Commissioner: Provided further, 

19 That funds may be transferred from one specified activity 

20 to another with the prior approval of the Committees on 

21 Appropriations of both Houses of Congress. 

22 SEC. 2111. Notwithstanding any other provision of 

23 this Act, the following set-asides included in Public Law 

24 111–80 for ‘‘Congressionally Designated Projects’’ in the 
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1 following accounts for the corresponding amounts shall not 

2 apply to funds appropriated by this Act: 

3 (1) ‘‘Agricultural Programs, Agricultural Re4 search Service, Salaries and Expenses’’, $44,138,000. 

5 (2) ‘‘Agricultural Programs, National Institute 

6 of Food and Agriculture, Research and Education Ac7 tivities’’, $120,054,000. 

8 (3) ‘‘Agricultural Programs, National Institute 

9 of Food and Agriculture, Extension Activities’’, 

10 $11,831,000. 

11 (4) ‘‘Agricultural Programs, Animal and Plant 

12 Health Inspection Service, Salaries and Expenses’’, 

13 $24,410,000. 

14 (5) ‘‘Conservation Programs, Natural Resources 

15 Conservation Service, Conservation Operations’’, 

16 $37,382,000. 

17 SEC. 2112. Notwithstanding any other provision of 

18 this Act, the following provisions included in Public Law 

19 111–80 shall not apply to funds appropriated by this Act: 

20 (1) The first proviso under the heading ‘‘Agricul21 tural Programs, Agriculture Buildings and Facilities 

22 and Rental Payments’’. 

23 (2) The second proviso under the heading ‘‘Con24 servation Programs, Natural Resources Conservation 

25 Service, Conservation Operations’’. 
23 

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1 (3) The set-aside of $2,800,000 under the heading 

2 ‘‘Rural Development Programs, Rural Business—Co3 operative Service, Rural Cooperative Development 

4 Grants’’. 

5 (4) The second proviso under the heading ‘‘Rural 

6 Development Programs, Rural Utilities Service, 

7 Rural Water and Waste Disposal Account’’. 

8 (5) The first proviso under the heading ‘‘Domes9 tic Food Programs, Food and Nutrition Service, Com10 modity Assistance Program’’. 

11 (6) The first proviso under the heading ‘‘Foreign 

12 Assistance and Related Programs, Foreign Agricul13 tural Service, McGovern-Dole International Food for 

14 Education and Child Nutrition Program Grants’’. 

15 SEC. 2113. The following sections of title VII of Public 

16 Law 111–80 shall be applied to funds appropriated by this 

17 division by substituting $0 for the dollar amounts included 

18 in those sections: section 718, section 723, section 727, sec19 tion 728, and section 738. 

20 SEC. 2114. The following sections of title VII of Public 

21 Law 111–80 shall not apply for fiscal year 2011: section 

22 716, section 724, section 726, section 729, section 735, and 

23 section 748. 

24 SEC. 2115. The following sections of title VII of Public 

25 Law 111–80 that authorized or required certain actions 
24 

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1 have been performed before the date of the enactment of this 

2 division and need not reoccur: section 737, section 740, sec3 tion 747, and section 749. 

4 SEC. 2116. Appropriations to the Department of Agri5 culture made available in fiscal year 2005 to carry out sec6 tion 601 of the Rural Electrification Act of 1936 (7 U.S.C. 

7 950bb) for the cost of direct loans shall remain available 

8 until expended to disburse valid obligations made in fiscal 

9 years 2005 and 2006. 

10 SEC. 2117. In the case of each program established or 

11 amended by the Food, Conservation, and Energy Act of 

12 2008 (Public Law 110–246), other than by title I or subtitle 

13 A of title III of such Act, or programs for which indefinite 

14 amounts were provided in that Act that is authorized or 

15 required to be carried out using funds of the Commodity 

16 Credit Corporation: (1) such funds shall be available for 

17 salaries and related administrative expenses, including 

18 technical assistance, associated with the implementation of 

19 the program, without regard to the limitation on the total 

20 amount of allotments and fund transfers contained in sec21 tion 11 of the Commodity Credit Corporation Charter Act 

22 (15 U.S.C. 714i); and (2) the use of such funds for such 

23 purpose shall not be considered to be a fund transfer or al24 lotment for purposes of applying the limitation on the total 
25 

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1 amount of allotments and fund transfers contained in such 

2 section. 

3 SEC. 2118. With respect to any loan or loan guarantee 

4 program administered by the Secretary of Agriculture that 

5 has a negative credit subsidy score for fiscal year 2011, the 

6 program level for the loan or loan guarantee program, for 

7 the purposes of the Federal Credit Reform Act of 1990, shall 

8 be the program level established pursuant to such Act for 

9 fiscal year 2010. 

10 SEC. 2119. Notwithstanding section 1101, section 

11 102(c) of chapter 1 of title I of the Supplemental Appro12 priations Act, 2010 (Public Law 111–212) that addresses 

13 guaranteed loans in the rural housing insurance fund shall 

14 remain in effect through the date specified in section 1106. 

15 SEC. 2120. In paragraph (1) of section 721 of Public 

16 Law 111–80, strike ‘‘$1,180,000,000’’ and insert 

17 ‘‘$1,318,000,000’’. 

18 SEC. 2121. The following provisions of Public Law 

19 111–80 shall be applied to funds appropriated by this divi20 sion by substituting ‘‘2010’’, ‘‘2011’’ and ‘‘2012’’ for the 

21 terms ‘‘2009’’, ‘‘2010’’, and ‘‘2011’’, respectively, in each 

22 instance that such terms appear: 

23 (1) The second paragraph under the heading 

24 ‘‘Agricultural Programs, Animal and Plant Health 

25 Inspection Service, Salaries and Expenses’’. 
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1 (2) The second proviso under the heading ‘‘Agri2 cultural Programs, Food Safety and Inspection Serv3 ice’’. 

4 (3) The first proviso in the second paragraph 

5 under the heading ‘‘Rural Development Programs, 

6 Rural Housing Service, Rural Housing Insurance 

7 Fund Program Account’’. 

8 (4) The fifth proviso under the heading ‘‘Rural 

9 Development Programs, Rural Housing Service, Rent10 al Assistance Program’’. 

11 (5) The proviso under the heading ‘‘Rural Devel12 opment Programs, Rural Housing Service, Mutual 

13 and Self-Help Housing Grants’’. 

14 (6) The first proviso under the heading ‘‘Rural 

15 Development Programs, Rural Housing Service, 

16 Rural Housing Assistance Grants’’. 

17 (7) The seventh proviso under the heading 

18 ‘‘Rural Development Programs, Rural Housing Serv19 ice, Rural Community Facilities Program Account’’. 

20 (8) The third proviso under the heading ‘‘Rural 

21 Development Programs, Rural Business—Cooperative 

22 Service, Rural Business Program Account’’. 

23 (9) The four availability of funds clauses under 

24 the heading ‘‘Rural Development Programs, Rural 
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1 Business—Cooperative Service, Rural Development 

2 Loan Fund Program Account’’. 

3 (10) The fifth proviso under the heading ‘‘Rural 

4 Development Programs, Rural Utilities Service, 

5 Rural Water and Waste Disposal Program Account’’. 

6 (11) Sections 713, 717, and 746. 

7 SEC. 2122. Notwithstanding section 1101, the level for 

8 ‘‘Commodity Futures Trading Commission’’ shall be 

9 $261,000,000, to remain available until September 30, 

10 2012. 

11 SEC. 2123. The proviso under the heading ‘‘Com12 modity Futures Trading Commission’’ in Public Law 111– 

13 80 shall not apply to funds appropriated by this Act. 

14 CHAPTER 2—COMMERCE, JUSTICE, SCIENCE, 

15 AND RELATED AGENCIES 

16 SEC. 2201. Notwithstanding section 1101, the level for 

17 each of the following accounts shall be as follows: ‘‘Depart18 ment of Commerce, Bureau of the Census, Periodic Censuses 

19 and Programs’’, $964,315,000; ‘‘Department of Commerce, 

20 National Telecommunications and Information Adminis21 tration, Salaries and Expenses’’, $40,649,000; ‘‘Department 

22 of Commerce, National Institute of Standards and Tech23 nology, Construction of Research Facilities’’, $124,800,000; 

24 ‘‘Department of Commerce, National Oceanic and Atmos25 pheric Administration, Procurement, Acquisition and Con-
28 

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1 struction’’, $1,772,353,000; ‘‘Department of Justice, Gen2 eral Administration, Detention Trustee’’, $1,533,863,000; 

3 ‘‘Department of Justice, Legal Activities, Salaries and Ex4 penses, United States Attorneys’’, $1,944,610,000; ‘‘Depart5 ment of Justice, Federal Bureau of Investigation, Salaries 

6 and Expenses’’, $7,703,387,000; ‘‘Department of Justice, 

7 Federal Bureau of Investigation, Construction’’, 

8 $107,310,000; ‘‘Department of Justice, Drug Enforcement 

9 Administration, Salaries and Expenses’’, $2,030,488,000; 

10 ‘‘Department of Justice, Bureau of Alcohol, Tobacco, Fire11 arms and Explosives, Salaries and Expenses’’, 

12 $1,126,587,000; ‘‘Department of Justice, Bureau of Alcohol, 

13 Tobacco, Firearms and Explosives, Construction’’, $0; ‘‘De14 partment of Justice, Federal Prison System, Salaries and 

15 Expenses’’, $6,472,726,000; and ‘‘Department of Justice, 

16 Federal Prison System, Buildings and Facilities’’, 

17 $194,155,000. 

18 SEC. 2202. Notwithstanding section 1101, the level for 

19 ‘‘Department of Commerce, United States Patent and 

20 Trademark Office, Salaries and Expenses’’ shall be 

21 $2,262,000,000, to remain available until expended: Pro22 vided, That the sum herein appropriated from the general 

23 fund shall be reduced as offsetting collections assessed and 

24 collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 

25 376 are received during fiscal year 2011, so as to result 
29 

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1 in a fiscal year 2011 appropriation from the general fund 

2 estimated at $0: Provided further, That during fiscal year 

3 2011, should the total amount of offsetting fee collections, 

4 and the surcharge provided herein, be less than 

5 $2,262,000,000, this amount shall be reduced accordingly: 

6 Provided further, That any amount received in excess of 

7 $2,262,000,000 in fiscal year 2011, in an amount up to 

8 $200,000,000, shall remain available until expended: Pro9 vided further, That there shall be a surcharge of 15 percent, 

10 rounded by standard arithmetic rules, on fees charged or 

11 authorized by subsections (a), (b), and (d)(1) of section 41 

12 of title 35, United States Code, as administered under Pub13 lic Law 108–447 and this Act, and on fees charged or au14 thorized by section 132(b) of title 35, United States Code: 

15 Provided further, That the surcharge established under the 

16 previous proviso shall be separate from, and in addition 

17 to, any other surcharge that may be required pursuant to 

18 any provision of title 35, United States Code: Provided fur19 ther, That the surcharge established in the previous 2 provi20 sions shall take effect on the date that is 10 days after the 

21 date of enactment of this Act, and shall remain in effect 

22 during fiscal year 2011: Provided further, That the receipts 

23 collected as a result of these surcharges shall be available, 

24 within the amounts provided herein, to the United States 

25 Patent and Trademark Office without fiscal year limita-
30 

•HR 3082 EAH 

1 tion, for all authorized activities and operations of the Of2 fice: Provided further, That within the amounts appro3 priated, $1,000,000 shall be transferred to ‘‘Department of 

4 Commerce, Departmental Management, Office of Inspector 

5 General’’ for activities associated with carrying out inves6 tigations and audits related to the United States Patent 

7 and Trademark Office. 

8 SEC. 2203. Notwithstanding section 1101, the level for 

9 ‘‘Department of Justice, Community Oriented Policing 

10 Services’’ shall be $597,500,000: Provided, That the 

11 amounts included under that heading in division B of Pub12 lic Law 111–117 shall be applied in the same manner to 

13 funds appropriated by this Act, except that ‘‘$15,000,000’’ 

14 shall be substituted for ‘‘$40,385,000’’, ‘‘$0’’ shall be sub15 stituted for ‘‘$25,385,000’’, ‘‘$1,500,000’’ shall be sub16 stituted for ‘‘$170,223,000’’, and ‘‘$0’’ shall be substituted 

17 for ‘‘$168,723,000’’. 

18 SEC. 2204. Notwithstanding section 1101, the level for 

19 ‘‘Department of Justice, Office of Justice Programs, State 

20 and Local Law Enforcement Assistance’’ shall be 

21 $1,349,500,000: Provided, That the amounts included under 

22 that heading in division B of Public Law 111–117 shall 

23 be applied in the same manner to funds appropriated by 

24 this Act, except that ‘‘$0’’ shall be substituted for 

25 ‘‘$185,268,000’’. 
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1 SEC. 2205. Notwithstanding section 1101, the level for 

2 ‘‘Department of Justice, Office of Justice Programs, Juve3 nile Justice Programs’’ shall be $332,500,000: Provided, 

4 That the amounts included under that heading in division 

5 B of Public Law 111–117 shall be applied in the same man6 ner to funds appropriated by this Act, except that ‘‘$0’’ 

7 shall be substituted for ‘‘$91,095,000’’. 

8 SEC. 2206. Notwithstanding section 1101, the level for 

9 the following accounts of the National Aeronautics and 

10 Space Administration shall be as follows: ‘‘Science’’, 

11 $5,005,600,000; ‘‘Exploration’’, $3,706,000,000; ‘‘Space 

12 Operations’’, $5,247,900,000; ‘‘Aeronautics’’, 

13 $1,138,600,000; ‘‘Education’’, $180,000,000; ‘‘Cross Agency 

14 Support’’, $3,085,700,000; ‘‘Construction and Environ15 mental Compliance and Remediation’’, $528,700,000, of 

16 which $20,000,000 shall be derived from available unobli17 gated balances previously appropriated for construction of 

18 facilities; and ‘‘Office of Inspector General’’, $37,500,000: 

19 Provided, That within the funds provided for ‘‘Space Oper20 ations’’, not less than $989,100,000 shall be for Space Shut21 tle operations, production, research, development, and sup22 port, $2,745,000,000 shall be for International Space Sta23 tion operations, production, research, development, and 

24 support, $688,800,000 shall be for Space and Flight Sup25 port, and $825,000,000 shall be for additional Space Shut-
32 

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1 tle costs, launch complex development only for activities at 

2 the Kennedy Space Center related to the civil, nondefense 

3 launch complex, use at other National Aeronautics and 

4 Space Administration flight facilities that are currently 

5 scheduled to launch cargo to the International Space Sta6 tion, and development of ground operations for the heavy 

7 lift launch vehicle and the Orion multipurpose crew vehicle: 

8 Provided further, That within the funds provided for ‘‘Aero9 nautics’’, $579,600,000 shall be for aeronautics research 

10 and development activities, and $559,000,000 shall be for 

11 space technology activities proposed for ‘‘Aeronautics’’ and 

12 exploration technology and demonstration program activi13 ties proposed for ‘‘Exploration’’ in the National Aero14 nautics and Space Administration congressional justifica15 tion that accompanied the President’s Fiscal Year 2011 

16 budget: Provided further, That within the funds provided 

17 for ‘‘Exploration’’, not less than $1,200,000,000 shall be for 

18 the Orion multipurpose crew vehicle, not less than 

19 $250,000,000 shall be for commercial crew, not less than 

20 $300,000,000 shall be for commercial cargo development, 

21 and not less than $1,800,000,000 shall be for the heavy lift 

22 launch vehicle system: Provided further, That the initial lift 

23 capability for the heavy lift launch vehicle system shall be 

24 not less than 130 tons and that the upper stage and other 

25 core elements shall be simultaneously developed: Provided 
33 

•HR 3082 EAH 

1 further, That the provisos limiting the use of funds under 

2 the heading ‘‘National Aeronautics and Space Administra3 tion, Exploration’’ in division B of Public Law 111–117 

4 shall not apply to funds appropriated by this Act: Provided 

5 further, That within the funds provided for ′′Construction 

6 and Environmental Compliance and Remediation′′, 

7 $40,500,000 shall be available to support science research 

8 and development activities; $109,800,000 shall be available 

9 to support exploration research and development activities; 

10 $15,600,000 shall be available to support space operations 

11 research and development activities; $300,700,000 shall be 

12 available for institutional construction of facilities; and 

13 $62,100,00 shall be available for environmental compliance 

14 and remediation: Provided further, That of funds provided 

15 under the headings ‘‘Space Operations’’ and ‘‘Exploration’’ 

16 in this Act, up to $60,000,000 may be transferred to ‘‘De17 partment of Commerce, Economic Development Adminis18 tration, Economic Development Assistance Programs’’ to 

19 spur regional economic growth in areas impacted by Shut20 tle retirement and Exploration programmatic changes: Pro21 vided further, That following the retirement of the space 

22 shuttle orbiters, the National Aeronautics and Space Ad23 ministration shall bear any costs that normally would be 

24 associated with surplusing the orbiters, including taking 

25 hazardous orbiter systems offline, and any shuttle recipient 
34 

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1 other than the Smithsonian Institution shall bear costs for 

2 transportation and for preparing the surplused orbiter for 

3 display: Provided further, That should the Administrator 

4 determine that the Smithsonian Institution is an appro5 priate venue for an orbiter, such orbiter shall be made avail6 able to the Smithsonian at no or nominal cost: Provided 

7 further, That any funds received by the National Aero8 nautics and Space Administration as a result of the dis9 position of any orbiter shall be available only as provided 

10 in subsequent appropriations Acts: Provided further, That 

11 funds made available for ‘‘Space Operations’’ in excess of 

12 those specified for Space Shuttle, International Space Sta13 tion, and Space and Flight support may be transferred to 

14 ‘‘Construction and Environmental Compliance and Reme15 diation’’ for construction activities only at National Aero16 nautics and Space Administration owned facilities: Pro17 vided further, That funds so transferred shall not be subject 

18 to section 505(a)(1) of division B of Public Law 111–117 

19 or to the transfer limitations for the National Aeronautics 

20 and Space Administration described in the Administrative 

21 Provisions of that Act, and shall be available until Sep22 tember 30, 2015, only after notification of such transfers 

23 to the House and Senate Committees on Appropriations. 

24 SEC. 2207. Of the funds made available for ‘‘Depart25 ment of Commerce, Bureau of the Census, Periodic Censuses 
35 

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1 and Programs’’ in division B of Public Law 111–117, 

2 $1,740,000,000 is rescinded. 

3 SEC. 2208. Section 529 of division B of Public Law 

4 111–117 shall not apply to this Act. 

5 SEC. 2209. The Departments of Commerce and Justice, 

6 the National Aeronautics and Space Administration, and 

7 the National Science Foundation are directed to submit 

8 spending plans, signed by the respective department or 

9 agency head, to the House and Senate Committees on Ap10 propriations within 60 days of enactment of this Act. 

11 SEC. 2210. None of the funds provided to the Depart12 ment of Justice in this or any prior Act shall be available 

13 for the acquisition of any facility that is to be used wholly 

14 or in part for the incarceration or detention of any indi15 vidual detained at Naval Station, Guantanamo Bay, Cuba, 

16 as of June 24, 2009. 

17 SEC. 2211. Notwithstanding any other provision of 

18 this Act, the following set-asides included in division B of 

19 Public Law 111–117 for projects specified in the explana20 tory statement accompanying that Act in the following ac21 counts for the corresponding amounts shall not apply to 

22 funds appropriated by this Act: (1) ‘‘Department of Com23 merce, International Trade Administration, Operations 

24 and Administration’’, $5,215,000; (2) ‘‘Department of Com25 merce, Minority Business Development Agency, Minority 
36 

•HR 3082 EAH 

1 Business Development’’, $1,100,000; (3) ‘‘Department of 

2 Commerce, National Institute of Standards and Tech3 nology, Scientific and Technical Research and Services’’, 

4 $10,500,000; (4) ‘‘Department of Commerce, National Insti5 tute of Standards and Technology, Construction of Research 

6 Facilities’’, $47,000,000; (5) ‘‘Department of Commerce, 

7 National Oceanic and Atmospheric Administration, Oper8 ations, Research and Facilities’’, $99,295,000; (6) ‘‘Depart9 ment of Commerce, National Oceanic and Atmospheric Ad10 ministration, Procurement, Acquisition and Construction’’, 

11 $18,000,000; and (7) ‘‘National Aeronautics and Space Ad12 ministration, Cross Agency Support’’, $63,000,000. 

13 SEC. 2212. Of the unobligated balances available to 

14 ‘‘Department of Justice, Legal Activities, Assets Forfeiture 

15 Fund’’, $500,000,000 is hereby rescinded. 

16 CHAPTER 3—DEFENSE 

17 SEC. 2301. Notwithstanding section 1101 of this Act, 

18 the level for the ‘‘Defense Health Program’’ shall be 

19 $32,097,203,000; of which $30,952,369,000 shall be for oper20 ation and maintenance, of which not to exceed 2 percent 

21 shall remain available until September 30, 2012, and of 

22 which up to $16,212,121,000 may be available for contracts 

23 entered into under the TRICARE program; of which 

24 $519,921,000, to remain available for obligation until Sep25 tember 30, 2013, shall be for procurement; and of which 
37 

•HR 3082 EAH 

1 $624,913,000, to remain available for obligation until Sep2 tember 30, 2012, shall be for research, development, test and 

3 evaluation. 

4 SEC. 2302. Amounts provided by section 1101 of this 

5 Act for ‘‘Defense Health Program, Department of Defense’’ 

6 shall be available: (1) for the purposes provided under sec7 tion 1704 of the National Defense Authorization Act for Fis8 cal Year 2010 (Public Law 111–84); (2) for transfer to the 

9 Joint Department of Defense-Department of Veterans Af10 fairs Medical Facility Demonstration Fund under such sec11 tion 1704; and (3) for operations of the integrated Captain 

12 James A. Lovell Federal Health Care Center, consisting of 

13 the North Chicago Veterans Affairs Medical Center, and 

14 Navy Ambulatory Care Center, and supporting facilities 

15 designated as a combined Federal medical facility as de16 scribed by section 706 of the Duncan Hunter National De17 fense Authorization Act for Fiscal Year 2009 (Public Law 

18 110–417). 

19 SEC. 2303. (a) The authority provided by section 1202 

20 of the National Defense Authorization Act for Fiscal Year 

21 2006 (Public Law 109–163), as amended by section 1222 

22 of the National Defense Authorization Act for Fiscal Year 

23 2010 (Public Law 111–84; 123 Stat. 2518), and the author24 ity provided by section 1222(e) of the National Defense Au25 thorization Act for Fiscal Year 2010 (Public Law 111–84), 
38 

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1 shall continue in effect through the date specified in section 

2 1106 of this Act. 

3 (b) Notwithstanding section 1101 of this Act, the level 

4 available for the ‘‘Commander’s Emergency Response Pro5 gram’’ shall be $500,000,000: Provided, That projects (in6 cluding ancillary or related elements in connection with 

7 each project) executed under this authority shall not exceed 

8 $20,000,000: Provided further, That the Secretary of De9 fense shall notify the congressional defense committees in 

10 writing of any project with a total anticipated cost for com11 pletion of $5,000,000 not less than 15 days prior to obli12 gating funds. 

13 SEC. 2304. The authority provided by section 1234 of 

14 the National Defense Authorization Act for Fiscal Year 

15 2010 (Public Law 111–84; 123 Stat. 2532) shall continue 

16 in effect through the earlier of the date of enactment of the 

17 National Defense Authorization Act for Fiscal Year 2011 

18 or December 31, 2011. 

19 SEC. 2305. The authority provided by section 1224 of 

20 the National Defense Authorization Act for Fiscal Year 

21 2010 (Public Law 111–84; 123 Stat. 2521) shall continue 

22 in effect through the earlier of the date of enactment of the 

23 National Defense Authorization Act for Fiscal Year 2011 

24 or December 31, 2011. 
39 

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1 SEC. 2306. Notwithstanding any other provision of 

2 law, of the amount provided to the Department of Defense 

3 by section 1101 of this Act for ‘‘Operation and Mainte4 nance’’, up to $75,000,000 may be obligated and expended 

5 for purposes of building the capacity of Yemeni Ministry 

6 of Interior forces to conduct counterterrorism operations, 

7 subject to the direction and control of the Secretary of De8 fense, with the concurrence of the Secretary of State: Pro9 vided, That the Secretary of Defense shall, not fewer than 

10 15 days prior to providing assistance under this section, 

11 submit to the congressional defense committees a notice set12 ting forth the assistance to be provided, including the types 

13 of such assistance, the budget for such assistance, and the 

14 completion date for the provision of such assistance. 

15 SEC. 2307. All funds provided by section 1101 of this 

16 Act for the ‘‘Joint Improvised Explosive Device Defeat 

17 Fund’’ may be used for staff and infrastructure costs. 

18 SEC. 2308. The authority provided by section 1014 of 

19 the Duncan Hunter National Defense Authorization Act for 

20 Fiscal Year 2009 (Public Law 110–417), shall continue in 

21 effect through the earlier of the date of enactment of the Na22 tional Defense Authorization Act for Fiscal Year 2011 or 

23 December 31, 2011. 

24 SEC. 2309. Section 8905a(d)(4)(B) of title 5, United 

25 States Code, is amended— 
40 

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1 (1) in clause (i), by striking ‘‘October 1, 2010’’ 

2 and inserting ‘‘December 31, 2011’’; and 

3 (2) in clause (ii)— 

4 (A) by striking ‘‘February 1, 2011’’ and in5 serting ‘‘February 1, 2012’’; and 

6 (B) by striking ‘‘October 1, 2010’’ and in7 serting ‘‘December 31, 2011’’. 

8 SEC. 2310. There is hereby established in the Treasury 

9 of the United States the ‘‘Afghanistan Infrastructure 

10 Fund’’. Of the funds made available in section 1101 of this 

11 Act, $400,000,000 is available for the ‘‘Afghanistan Infra12 structure Fund’’, to remain available until September 30, 

13 2012: Provided, That such sums shall be available for infra14 structure projects in Afghanistan, notwithstanding any 

15 other provision of law, which shall be undertaken by the 

16 Secretary of State, unless the Secretary of State and the 

17 Secretary of Defense jointly decide that a specific project 

18 will be undertaken by the Department of Defense: Provided 

19 further, That the infrastructure referred to in the preceding 

20 proviso is in support of the counterinsurgency strategy, re21 quiring funding for facility and infrastructure projects, in22 cluding water, power, and transportation projects and re23 lated maintenance and sustainment costs: Provided further, 

24 That the authority to undertake such infrastructure projects 

25 is in addition to any other authority to provide assistance 
41 

•HR 3082 EAH 

1 to foreign nations: Provided further, That any projects 

2 funded by this appropriation shall be jointly formulated 

3 and concurred in by the Secretary of State and Secretary 

4 of Defense: Provided further, That funds may be transferred 

5 to the Department of State for purposes of undertaking 

6 projects, which funds shall be considered to be economic as7 sistance under the Foreign Assistance Act of 1961 for pur8 poses of making available the administrative authorities 

9 contained in that Act: Provided further, That the transfer 

10 authority in the preceding proviso is in addition to any 

11 other authority available to the Department of Defense to 

12 transfer funds: Provided further, That any unexpended 

13 funds transferred to the Secretary of State under this au14 thority shall be returned to the Afghanistan Infrastructure 

15 Fund if the Secretary of State, in coordination with the 

16 Secretary of Defense, determines that the project cannot be 

17 implemented for any reason, or that the project no longer 

18 supports the counterinsurgency strategy in Afghanistan: 

19 Provided further, That any funds returned to the Secretary 

20 of Defense under the previous proviso shall be available for 

21 use under this section and shall be treated in the same man22 ner as funds not transferred to the Secretary of State: Pro23 vided further, That contributions of funds for the purposes 

24 provided herein to the Secretary of State in accordance with 

25 section 635(d) of the Foreign Assistance Act from any per-
42 

•HR 3082 EAH 

1 son, foreign government, or international organization may 

2 be credited to such Fund, to remain available until ex3 pended, and used for such purposes: Provided further, That 

4 not later than 45 days after the end of each fiscal quarter, 

5 the Inspector General of the Department of State or the In6 spector General of the United States Agency for Inter7 national Development, as appropriate, shall provide to the 

8 appropriate committees of Congress an assessment in writ9 ing of whether the funds provided herein to the Department 

10 of State or the United States Agency for International De11 velopment are being used in the intended manner: Provided 

12 further, That the Secretary of Defense shall, not fewer than 

13 15 days prior to making transfers to or from, or obligations 

14 from, the Fund, notify the appropriate committees of Con15 gress in writing of the details of any such transfer: Provided 

16 further, That the ‘‘appropriate committees of Congress’’ are 

17 the Committees on Armed Services, Foreign Relations, and 

18 Appropriations of the Senate and the Committees on Armed 

19 Services, Foreign Affairs, and Appropriations of the House 

20 of Representatives. 

21 SEC. 2311. The authority provided by section 1021 of 

22 the Ronald W. Reagan National Defense Authorization Act 

23 for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

24 2042), as amended by section 1011 of the National Defense 

25 Authorization Act for Fiscal Year 2010 (Public Law 111– 
43 

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1 84; 123 Stat. 2441), shall continue in effect through the ear2 lier of the date of enactment of the National Defense Author3 ization Act for Fiscal Year 2011 or the date specified in 

4 section 1106 of this Act. 

5 SEC. 2312. The authority provided by section 1022 of 

6 the National Defense Authorization Act for Fiscal Year 

7 2004 (Public Law 108–136; 10 U.S.C. 371 note), as amend8 ed by section 1012 of the National Defense Authorization 

9 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

10 2441), shall continue in effect through the earlier of the date 

11 of enactment of the National Defense Authorization Act for 

12 Fiscal Year 2011 or the date specified in section 1106 of 

13 this Act. 

14 SEC. 2313. The authority provided by section 1033 of 

15 the National Defense Authorization Act for Fiscal Year 

16 1998 (Public Law 105–85), as amended by section 1014 of 

17 the National Defense Authorization Act for Fiscal Year 

18 2010 (Public Law 111–84; 123 Stat. 2442), shall continue 

19 in effect through the earlier of the date of enactment of the 

20 National Defense Authorization Act for Fiscal Year 2011 

21 or the date specified in section 1106 of this Act. 

22 SEC. 2314. The Secretary of the Navy may award a 

23 contract or contracts for up to 20 Littoral Combat Ships 

24 subject to the availability of appropriated funds for such 

25 purpose. 
44 

•HR 3082 EAH 

1 SEC. 2315. In addition to amounts otherwise made 

2 available by this Act, $2,770,300,000, is hereby appro3 priated for title I of division A of the Department of Defense 

4 Appropriations Act, 2010 (division A of Public Law 111– 

5 118). 

6 SEC. 2316. The authority provided by sections 611, 

7 612, 613, 614, 615, and 616 of the National Defense Author8 ization Act for Fiscal Year 2010 (Public Law 111–84) shall 

9 continue in effect through the earlier of the date of enact10 ment of the National Defense Authorization Act for Fiscal 

11 Year 2011 or December 31, 2011. 

12 SEC. 2317. The authority provided by section 631 of 

13 the National Defense Authorization Act for Fiscal Year 

14 2008 (Public Law 110–181) shall continue in effect through 

15 the earlier of the date of enactment of the National Defense 

16 Authorization Act for Fiscal Year 2011 or December 31, 

17 2011. 

18 SEC. 2318. Notwithstanding subsection (b) of section 

19 310 of the Supplemental Appropriations Act, 2009 (Public 

20 Law 111–32; 123 Stat. 1870), a claim described in that 

21 subsection that is submitted before the date specified in sec22 tion 1106 of this Act shall be treated as a claim for which 

23 payment may be made under such section 310. 

24 SEC. 2319. The authority provided by section 1071 of 

25 the National Defense Authorization Act for Fiscal Year 
45 

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1 2010 (Public Law 111–84) shall continue in effect through 

2 the earlier of the date of enactment of the National Defense 

3 Authorization Act for Fiscal Year 2011 or December 31, 

4 2011. 

5 SEC. 2320. The authority provided by section 931 of 

6 the National Defense Authorization Act for Fiscal Year 

7 2007 (Public Law 109–364) shall continue in effect through 

8 the earlier of the date of enactment of the National Defense 

9 Authorization Act for Fiscal Year 2011 or December 31, 

10 2011. 

11 SEC. 2321. The authority provided by section 1106 of 

12 the National Defense Authorization Act for Fiscal Year 

13 2010 (Public Law 111–84) shall continue in effect through 

14 the earlier of the date of enactment of the National Defense 

15 Authorization Act for Fiscal Year 2011 or December 31, 

16 2011. 

17 SEC. 2322. (a) EXTENSION OF WAIVER.—Paragraph 

18 (1) of section 941(b) of the Duncan Hunter National De19 fense Authorization Act for Fiscal Year 2009 (Public Law 

20 110–417; 122 Stat. 4577; 10 U.S.C. 184 note) is amended 

21 by striking ‘‘fiscal years 2009 and 2010’’ and inserting ‘‘fis22 cal years 2009 through 2011.’’. 

23 (b) ANNUAL REPORT.—Paragraph (3) of such section 

24 941(b) is amended by striking ‘‘in 2010 and 2011’’ and 

25 inserting ‘‘in each year through 2012.’’. 
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1 SEC. 2323. Notwithstanding section 1101 of this Act, 

2 sections 8006, 8076, and 8101 of the Department of Defense 

3 Appropriations Act, 2010 (division A of Public Law 111– 

4 118), shall not be applicable during the current fiscal year. 

5 SEC. 2324. Notwithstanding any other provision of 

6 law, during fiscal year 2011, not more than $150,000,000 

7 of the funds made available for overseas contingency oper8 ations operation and maintenance may be obligated and 

9 expended for purposes of the Task Force for Business and 

10 Stability Operations, subject to the direction and control 

11 of the Secretary of Defense, with concurrence of the Sec12 retary of State, to carry out strategic business and economic 

13 assistance activities in support of Operation Enduring 

14 Freedom: Provided, That the Secretary of Defense shall, not 

15 fewer than 15 days prior to the use of the authority pro16 vided in this section, submit to the congressional defense 

17 committees a notice setting forth the projects to be initiated, 

18 including the budget and the completion date for each 

19 project. 

20 SEC. 2325. Subsection (a) of section 2808 of the Mili21 tary Construction Authorization Act for Fiscal Year 2004 

22 (division B of Public Law 108–136; 117 Stat. 1723), as 

23 amended by section 2806 of the Military Construction Au24 thorization Act for Fiscal Year 2010 (division B of Public 
47 

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1 Law 111–84; 123 Stat. 2660), shall continue in effect 

2 through the date specified in section 1106 of this Act. 

3 SEC. 2326. Of the amounts made available to the De4 partment of Defense in section 1101 of this Act, the Sec5 retary of Defense shall provide $205,000,000 to the govern6 ment of Israel for the procurement of the Iron Dome defense 

7 system to counter short-range rocket threats. 

8 SEC. 2327. (a) None of the amounts made available 

9 and no authority provided pursuant to section 1101 of this 

10 Act to the Department of Defense shall be used for— 

11 (1) the new production of items not funded for 

12 production in fiscal year 2010 or prior years; 

13 (2) the increase in production rates or levels of 

14 effort above those sustained with amounts made avail15 able for fiscal year 2010; or 

16 (3) the initiation, resumption, or continuation of 

17 any project, activity, operation, or organization (de18 fined as any project, subproject, activity, budget ac19 tivity, program element, and subprogram within an 

20 O–1 line, R–1 program element and P–1 line item in 

21 a budget activity within an appropriation account) 

22 for which appropriations, funds, or other authority 

23 were not available during fiscal year 2010 except as 

24 approved and described in subsection (b). 
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1 (b) The Secretary of Defense, with the approval of the 

2 Director of the Office of Management and Budget, may 

3 make a single transfer request to realign funds for execution 

4 in fiscal year 2011, to include new starts, increases in pro5 duction or levels of effort, and other realignments to meet 

6 military requirements for which funds were not provided 

7 for during fiscal year 2010. The transfer of funds for such 

8 purposes shall be accomplished using the procedures estab9 lished in section 8005 of the Department of Defense Appro10 priations Act, 2010 (division A of Public Law 111–118), 

11 by not later than 60 days after the date of enactment of 

12 this Act: Provided, That with the exception of funding pro13 vided in title I of the Department of Defense Appropriations 

14 Act, 2010 and for the ‘‘Defense Health Program’’ in section 

15 2301 of this Act, and section 2332 of this Act, the program 

16 base from which realignments are proposed shall be the allo17 cations as prescribed in section 1101 of this Act: Provided 

18 further, That transfers made in the realignment reprogram19 ming shall not be taken into account for purposes of the 

20 limitation on the amount of funds that may be transferred 

21 under section 8005 of the Department of Defense Appro22 priation Act, 2010 (division A of Public Law 111–118). 

23 (c) Subsequent to a transfer under subsection (b), the 

24 Secretary of Defense shall submit to the congressional de25 fense committees reports on the baseline for application of 
49 

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1 reprogramming and transfer authorities for fiscal year 

2 2011 as provided in section 8007 of the Department of De3 fense Appropriations Act, 2010 (division A of Public Law 

4 111–118). 

5 SEC. 2328. None of the amounts appropriated or au6 thorities granted pursuant to section 1101 of this Act for 

7 the National Intelligence Program shall be used for new 

8 projects or sub-projects for which funds were not provided 

9 for in fiscal year 2010 or for increases in level of effort for 

10 previously funded projects or sub-projects above the fiscal 

11 year 2010 funded level unless the congressional intelligence 

12 committees are notified in accordance with the regular re13 programming procedures. 

14 SEC. 2329. Of the funds available in section 1101 of 

15 this Act, $250,000,000 is hereby appropriated for ‘‘Oper16 ation and Maintenance, Defense-Wide’’, to be available 

17 until expended: Provided, That such funds shall only be 

18 available to the Secretary of Defense, acting through the Of19 fice of Economic Adjustment of the Department of Defense, 

20 or for transfer to the Secretary of Education, notwith21 standing any other provision of law, to make grants, con22 clude cooperative agreements, or supplement other Federal 

23 funds to construct, renovate, repair, or expand elementary 

24 and secondary public schools on military installations in 

25 order to address capacity or facility condition deficiencies 
50 

•HR 3082 EAH 

1 at such schools: Provided further, That in making such 

2 funds available, the Office of Economic Adjustment or the 

3 Secretary of Education shall give priority consideration to 

4 those military installations with schools having the most 

5 serious capacity or facility condition deficiencies, as deter6 mined by the Secretary of Defense. 

7 SEC. 2330. Of the amounts provided to the Department 

8 of Defense in section 1101 of this Act for operation and 

9 maintenance, $300,000,000, shall be for ‘‘Operation and 

10 Maintenance, Defense-Wide’’, to remain available until ex11 pended. Such funds may be available for the Office of Eco12 nomic Adjustment, notwithstanding any other provision of 

13 law, for transportation infrastructure improvements associ14 ated with medical facilities related to recommendations of 

15 the Defense Base Closure and Realignment Commission. 

16 SEC. 2331. None of the amounts appropriated or other17 wise made available or authorities provided pursuant to 

18 section 1101 of this Act for the Department of Defense shall 

19 be used to initiate multi-year procurements. 

20 SEC. 2332. In addition to amounts otherwise made 

21 available by this Act, $2,000,000 is appropriated for the 

22 National Commission for the Review of the Research and 

23 Development Programs of the United States Intelligence 

24 Community. 
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1 SEC. 2333. For purposes of section 8089 of division 

2 A of the Department of Defense Appropriations Act, 2010 

3 (division A of Public Law 111–118), any funds transferred 

4 shall retain the same period of availability as when origi5 nally appropriated. 

6 SEC. 2334. (a) The amount provided by section 1101 

7 of this Act for title II of division A of the Department of 

8 Defense Appropriations Act, 2010 (division A of Public 

9 Law 111–118) is hereby reduced to reflect excess cash bal10 ances in Department of Defense Working Capital Funds, 

11 as follows: From ‘‘Operation and Maintenance, Army’’, 

12 $483,000,000. 

13 (b) Of the funds appropriated in Department of De14 fense Appropriations Acts, the following funds are hereby 

15 rescinded from the following accounts and programs in the 

16 specified amounts: 

17 (1) ‘‘Aircraft Procurement, Navy, 2010/2012’’, 

18 $168,000,000; 

19 (2) ‘‘Aircraft Procurement, Air Force, 2010/ 

20 2012’’, $136,000,000; and 

21 (3) ‘‘Research, Development, Test and Evalua22 tion, Air Force 2010/2011’’, $182,000,000. 
52 

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1 CHAPTER 4—ENERGY AND WATER 

2 DEVELOPMENT, AND RELATED AGENCIES 

3 SEC. 2401. Sections 106, 107, 109 through 125, 203, 

4 205 through 211, and 314 of the Energy Water and Devel5 opment and Related Agencies Appropriations Act, 2010 

6 (Public Law 111–85) shall not apply to funds appropriated 

7 in this Act. 

8 SEC. 2402. The Secretary of the Army, acting through 

9 the Chief of Engineers, may waive the limitation con10 cerning total project costs in section 902 of the Water Re11 sources Development Act of 1986 (33 U.S.C. 2280), if such 

12 limitation would be exceeded during fiscal year 2011 for 

13 any project that receives funds provided in this Act. 

14 SEC. 2403. Notwithstanding section 1101, the level for 

15 ‘‘Corps of Engineers, Civil, Construction’’ shall be 

16 $1,837,000,000. 

17 SEC. 2404. All of the provisos under the heading 

18 ‘‘Corps of Engineers, Civil, Construction’’ in Public Law 

19 111–85 shall not apply to funds appropriated in this Act. 

20 SEC. 2405. The proviso under the heading ‘‘Corps of 

21 Engineers, Civil, Mississippi River and Tributaries’’ in 

22 Public Law 111–85 shall not apply to funds appropriated 

23 in this Act. 

24 SEC. 2406. The authority provided by section 126 of 

25 Public Law 111–85, which continues in effect through the 
53 

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1 date specified in section 1106 of this Act, shall include the 

2 authority to undertake such modifications or emergency 

3 measures as the Secretary of the Army determines to be ap4 propriate to prevent aquatic nuisance species from dis5 persing into the Great Lakes by way of any hydrologic con6 nection between the Great Lakes and the Mississippi River. 

7 SEC. 2407. The last four provisos under the heading 

8 ‘‘Department of the Interior, Bureau of Reclamation, Water 

9 and Related Resources’’ in Public Law 111–85 shall not 

10 apply to funds appropriated in this Act. 

11 SEC. 2408. Notwithstanding section 1101, the level for 

12 each of the following accounts under the heading ‘‘Depart13 ment of Energy, Energy Programs’’ shall be as follows: ‘‘Ad14 vanced Technology Vehicles Manufacturing Loan Pro15 gram’’, $9,998,000; ‘‘Office of the Inspector General’’, 

16 $42,850,000; ‘‘Electricity Delivery and Energy Reli17 ability’’, $158,982,000; ‘‘Nuclear Energy’’, $768,637,000; 

18 and ‘‘Strategic Petroleum Reserve’’, $209,861,000. 

19 SEC. 2409. The first proviso under the heading ‘‘De20 partment of Energy, Energy Programs, Science’’ in title III 

21 of the Energy and Water Development Appropriations Act, 

22 2010 (Public Law 111–85) shall not apply to funds appro23 priated in this Act. 

24 SEC. 2410. Up to a total of $300,000,000 of funds pro25 vided by section 1101 for ‘‘Department of Energy, Energy 
54 

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1 Programs, Energy Efficiency and Renewable Energy’’ and 

2 ‘‘Department of Energy, Energy Programs, Science’’ may 

3 be transferred by the Secretary of Energy to ‘‘Advanced Re4 search Projects Agency—Energy’’: Provided, That of the 

5 funds transferred, the Director of the Advanced Research 

6 Projects Agency—Energy shall have the authority to fix 

7 basic pay and payments in addition to basic pay without 

8 regard to the civil service laws, provided that aggregate pay 

9 does not exceed the Vice President’s salary as specified in 

10 3 U.S.C. 104. 

11 SEC. 2411. Notwithstanding section 1101, subject to 

12 section 502 of the Congressional Budget Act of 1974, 

13 amounts necessary to support commitments to guarantee 

14 loans under title XVII of the Energy Policy Act of 2005, 

15 not to exceed a total principal amount of $10,000,000,000, 

16 to remain available until committed: Provided, That of such 

17 amount $7,000,000,000 is for nuclear power facilities and 

18 $3,000,000,000 is for fossil energy technologies: Provided 

19 further, That these amounts are in addition to authorities 

20 provided in any other Act: Provided further, That for 

21 amounts collected pursuant to section 1702(b)(2) of the En22 ergy Policy Act of 2005, the source of such payment received 

23 from borrowers may not be a loan or other debt obligation 

24 that is guaranteed by the Federal Government: Provided 

25 further, That pursuant to section 1702(b)(2) of the Energy 
55 

•HR 3082 EAH 

1 Policy Act of 2005, no appropriations are available to pay 

2 the subsidy cost of such guarantees for nuclear power facili3 ties or fossil energy technologies: Provided further, That 

4 none of the loan guarantee authority made available in this 

5 Act shall be available for commitments to guarantee loans 

6 for any projects with respect to which funds, personnel, or 

7 property (tangible or intangible) of any Federal agency, in8 strumentality, personnel, or affiliated entity are expected 

9 to be used (directly or indirectly) through acquisitions, con10 tracts, demonstrations, exchanges, grants, incentives, leases, 

11 procurements, sales, other transaction authority, or other 

12 arrangements, to support the project or to obtain goods or 

13 services from the project: Provided further, That the pre14 vious proviso shall not be interpreted as precluding the use 

15 of the loan guarantee authority in this Act for commitments 

16 to guarantee loans for: (1) projects as a result of such 

17 projects benefitting from otherwise allowable Federal in18 come tax benefits; (2) projects as a result of such projects 

19 benefitting from being located on Federal land pursuant to 

20 a lease or right-of-way agreement for which all consider21 ation for all uses is: (A) paid exclusively in cash; (B) depos22 ited in the Treasury as offsetting receipts; and (C) equal 

23 to the fair market value as determined by the head of the 

24 relevant Federal agency; (3) projects as a result of such 

25 projects benefitting from Federal insurance programs, in-
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1 cluding under section 170 of the Atomic Energy Act of 1954 

2 (42 U.S.C. 2210; commonly known as the ‘‘Price-Anderson 

3 Act’’); or (4) electric generation projects using transmission 

4 facilities owned or operated by a Federal Power Marketing 

5 Administration or the Tennessee Valley Authority that have 

6 been authorized, approved, and financed independent of the 

7 project receiving the guarantee: Provided further, That none 

8 of the loan guarantee authority made available in this Act 

9 shall be available for any project unless the Director of the 

10 Office of Management and Budget has certified in advance 

11 in writing that the loan guarantee and the project comply 

12 with the provisos under this section: Provided further, That 

13 in addition to amounts otherwise made available by this 

14 Act, $306,000,000 is appropriated, to remain available 

15 until expended, for the cost of loan guarantees for projects 

16 that employ: (1) new or significantly improved technologies 

17 of renewable energy systems or efficient end-use energy tech18 nologies under section 1703 of the Energy Policy Act of 

19 2005; or (2) notwithstanding section 1703(a)(2), commer20 cial technologies of renewable energy systems, efficient end21 use energy technologies, or leading edge biofuel projects: 

22 Provided further, That of the authority provided for com23 mitments to guarantee loans under ‘‘Department of Energy, 

24 Energy Programs, Title 17 Innovative Technology Loan 

25 Guarantee Program’’ in title III of division C of Public 
57 

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1 Law 111–8 and title III of division C of Public Law 110– 

2 161, $18,000,000,000 is rescinded: Provided further, That 

3 an additional amount for necessary administrative ex4 penses to carry out this Loan Guarantee program, 

5 $58,000,000 is appropriated, to remain available until ex6 pended: Provided further, That $58,000,000 of the fees col7 lected pursuant to section 1702(h) of the Energy Policy Act 

8 of 2005 shall be credited as offsetting collections to this ac9 count to cover administrative expenses and shall remain 

10 available until expended, so as to result in a final fiscal 

11 year 2011 appropriations from the general fund estimated 

12 at not more than $0: Provided further, That fees collected 

13 under such section 1702(h) in excess of the amount appro14 priated for administrative expenses shall not be available 

15 until appropriated. 

16 SEC. 2412. Notwithstanding section 1101, the level for 

17 ‘‘Atomic Energy Defense Activities, National Nuclear Secu18 rity Administration, Weapons Activities’’ shall be 

19 $7,008,835,000: Provided, That $624,000,000 of such 

20 amount shall be available only upon the Senate giving its 

21 advice and consent to the ratification of the Treaty between 

22 the United States of America and the Russian Federation 

23 on Measures for the Further Reduction and Limitation of 

24 Strategic Offensive Arms (commonly known as the ‘‘New 

25 START Treaty’’). 
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1 SEC. 2413. All of the provisos under the heading 

2 ‘‘Atomic Energy Defense Activities, National Nuclear Secu3 rity Administration, Weapons Activities’’ in title III of the 

4 Energy and Water Development Appropriations Act, 2010 

5 (Public Law 111–85) shall not apply to funds appropriated 

6 in this Act. 

7 SEC. 2414. Notwithstanding section 1101, the level for 

8 ‘‘Atomic Energy Defense Activities, National Nuclear Secu9 rity Administration, Defense Nuclear Nonproliferation’’ 

10 shall be $2,575,000,000. 

11 SEC. 2415. The first proviso under the heading ‘‘Atom12 ic Energy Defense Activities, National Nuclear Security 

13 Administration, Office of the Administrator’’ in title III 

14 of the Energy and Water Development Appropriations Act, 

15 2010 (Public Law 111–85) shall not apply to funds appro16 priated in this Act. 

17 SEC. 2416. Notwithstanding section 1101, the level for 

18 ‘‘Department of Energy, Environmental and Other Defense 

19 Activities, Defense Environmental Cleanup’’ shall be 

20 $5,263,031,000, of which $33,700,000 shall be transferred 

21 to the ‘‘Uranium Enrichment Decontamination and De22 commissioning Fund’’. 

23 SEC. 2417. (a) Notwithstanding any other provision 

24 of law, no funds appropriated in this or any other Act may 

25 be used in fiscal year 2011 to transfer, sell, barter, dis-
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1 tribute, or otherwise provide more than 3,300,000 pounds 

2 of natural uranium equivalent of uranium in any form 

3 from the Department of Energy’s inventory. 

4 (b) Any transfer, sale, barter, distribution, or other 

5 provision of uranium in any form under subsection (a) 

6 shall be carried out consistent with the Department of Ener7 gy’s Excess Uranium Inventory Management Plan, dated 

8 December 16, 2008. 

9 (c) The prohibition in subsection (a) shall not apply 

10 to the transfer, sale, barter, distribution, or other provision 

11 of uranium in any form for use in initial reactor cores. 

12 (d) Not less than 30 days prior to the transfer, sale, 

13 barter, distribution, or other provision of uranium in any 

14 form in accordance with this section, the Secretary of En15 ergy shall notify the Committees on Appropriations of the 

16 House of Representatives and the Senate. Such notification 

17 shall include the following information: 

18 (1) The amount of uranium to be transferred, 

19 sold, bartered, distributed, or otherwise provided. 

20 (2) The estimated market value of the uranium. 

21 (3) The expected date of the transfer, sale, barter, 

22 distribution, or provision of the uranium. 

23 (4) The recipient of uranium. 

24 SEC. 2418. Notwithstanding section 1105, no appro25 priation, funds, or authority made available pursuant to 
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1 section 1101 for the Department of Energy shall be used 

2 to initiate or resume any project or activity or to initiate 

3 Requests For Proposals or similar arrangements (including 

4 Requests for Quotations, Requests for Information, and 

5 Funding Opportunity Announcements) for a program or 

6 activity if the program or activity has not been funded by 

7 Congress, unless prior approval is received from the Com8 mittees on Appropriations of the House of Representatives 

9 and the Senate. 

10 SEC. 2419. During the period specified in section 1106 

11 of this Act, section 15751(b) of title 40, United States Code, 

12 shall not apply to the Northern Border Regional Commis13 sion. 

14 SEC. 2420. Within 30 days of enactment of this Act, 

15 the Department of Energy, Corps of Engineers, Civil, and 

16 Bureau of Reclamation shall submit to the Committees on 

17 Appropriations of the House of Representatives and the 

18 Senate a spending, expenditure, or operating plan for fiscal 

19 year 2011 at a level of detail below the account level. 

20 CHAPTER 5—FINANCIAL SERVICES AND 

21 GENERAL GOVERNMENT 

22 SEC. 2501. Notwithstanding section 1101, the level for 

23 each of the following accounts of the Department of the 

24 Treasury shall be as follows: ‘‘Departmental Offices, Sala25 ries and Expenses’’, $320,088,000; ‘‘Special Inspector Gen-
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1 eral for the Troubled Asset Relief Program, Salaries and 

2 Expenses’’, $36,300,000; ‘‘Treasury Inspector General for 

3 Tax Administration, Salaries and Expenses’’, 

4 $155,452,000; ‘‘Financial Management Service, Salaries 

5 and Expenses’’, $235,253,000; ‘‘Alcohol and Tobacco Tax 

6 and Trade Bureau, Salaries and Expenses’’, $101,000,000; 

7 and ‘‘Bureau of the Public Debt, Administering the Public 

8 Debt’’, $185,985,000. 

9 SEC. 2502. Notwithstanding section 1101, under the 

10 heading ‘‘Department of the Treasury, Departmental Of11 fices, Salaries and Expenses’’ in division C of Public Law 

12 111–117, the requirement to transfer funds to the National 

13 Academy of Sciences for a carbon audit of the tax code shall 

14 not apply to funds appropriated by this Act. 

15 SEC. 2503. Notwithstanding section 1101, under the 

16 heading ‘‘Department of the Treasury, Department-wide 

17 Systems and Capital Investments Programs’’ in division C 

18 of Public Law 111–117, the first proviso shall not apply 

19 to funds appropriated by this Act. 

20 SEC. 2504. Notwithstanding section 1101, under the 

21 heading ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ in 

22 division C of Public Law 111–117, the first proviso shall 

23 not apply to funds appropriated by this Act. 
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1 SEC. 2505. Of the unobligated balances available under 

2 the heading ‘‘Treasury Forfeiture Fund’’, $350,000,000 is 

3 rescinded. 

4 SEC. 2506. Notwithstanding section 1101, the require5 ment to transfer funds to the Capital Magnet Fund under 

6 the heading ‘‘Department of the Treasury, Community De7 velopment Financial Institutions Fund Program Account’’ 

8 in title I of division C of Public Law 111–117 shall not 

9 apply to funds appropriated by this Act, and the funds sub10 ject to such transfer shall remain with the aggregate amount 

11 of funds provided under the first paragraph under such 

12 heading in such Public Law. 

13 SEC. 2507. Notwithstanding section 1101, the level for 

14 each of the following accounts of the Internal Revenue Serv15 ice shall be as follows: ‘‘Taxpayer Services’’, $2,338,215,000; 

16 ‘‘Operations Support’’, $4,159,884,000; ‘‘Business Systems 

17 Modernization’’, $363,897,000; and ‘‘Health Insurance Tax 

18 Credit Administration’’, $18,987,000. 

19 SEC. 2508. Notwithstanding section 1101, the level for 

20 ‘‘Internal Revenue Service, Enforcement’’ shall be 

21 $5,629,500,000, of which not less than $125,500,000 shall 

22 be for enforcement related to offshore tax evasion. 

23 SEC. 2509. Notwithstanding section 1101, the level for 

24 each of the following accounts shall be $0: ‘‘Executive Office 

25 of the President and Funds Appropriated to the President, 
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1 Partnership Fund for Program Integrity Innovation’’; ‘‘Of2 fice of National Drug Control Policy, Counterdrug Tech3 nology Assessment Center’’; ‘‘District of Columbia, Federal 

4 Payment for Consolidated Laboratory Facility’’; and ‘‘Elec5 tion Assistance Commission, Election Reform Programs’’. 

6 SEC. 2510. Notwithstanding section 1101, the level for 

7 each of the following accounts shall be as follows: ‘‘Executive 

8 Office of the President and Funds Appropriated to the 

9 President, White House Repair and Restoration’’, 

10 $2,005,000; ‘‘Executive Office of the President and Funds 

11 Appropriated to the President, National Security Council 

12 and Homeland Security Council’’, $13,984,000; ‘‘The Judi13 ciary, Fees of Jurors and Commissioners’’, $52,410,000; 

14 ‘‘The Judiciary, Vaccine Injury Compensation Trust 

15 Fund’’, $4,785,000; ‘‘Administrative Conference of the 

16 United States’’, $2,750,000; ‘‘Federal Deposit Insurance 

17 Corporation, Office of the Inspector General’’, $47,916,000; 

18 ‘‘Harry S Truman Scholarship Foundation’’, $1,010,000; 

19 and ‘‘Office of Special Counsel, Salaries and Expenses’’, 

20 $19,435,000. 

21 SEC. 2511. Any expenses incurred by the Election As22 sistance Commission using amounts appropriated under 

23 the heading ‘‘Election Assistance Commission, Election Re24 form Programs’’ in the Transportation, Treasury, and 

25 Independent Agencies Appropriations Act, 2004 (Public 
64 

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1 Law 108–199; 118 Stat. 327) for any program or activity 

2 which the Commission is authorized to carry out under the 

3 Help America Vote Act of 2002 shall be considered to have 

4 been incurred for the programs and activities described 

5 under such heading. 

6 SEC. 2512. Notwithstanding section 1101, the level for 

7 ‘‘The Judiciary, Courts of Appeals, District Courts, and 

8 Other Judicial Services, Salaries and Expenses’’ shall be 

9 $5,137,236,000; Provided, That notwithstanding section 

10 302 of division C of Public Law 111–117, not to exceed 

11 $101,962,000 shall be available for transfer between ac12 counts to maintain fiscal year 2010 operating levels. 

13 SEC. 2513. Section 203(c) of the Judicial Improve14 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

15 note), is amended— 

16 (1) in the third sentence (relating to the District 

17 of Kansas), by striking ‘‘19 years’’ and inserting ‘‘20 

18 years’’; 

19 (2) in the sixth sentence (relating to the Northern 

20 District of Ohio), by striking ‘‘19 years’’ and insert21 ing ‘‘20 years’’; and 

22 (3) in the seventh sentence (relating to the Dis23 trict of Hawaii), by striking ‘‘16 years’’ and inserting 

24 ‘‘17 years’’. 
65 

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1 SEC. 2514. Notwithstanding any other provision of 

2 this Act, except section 1106, the District of Columbia may 

3 expend local funds for programs and activities under the 

4 heading ‘‘District of Columbia Funds’’ for such programs 

5 and activities under title IV of S. 3677 (111th Congress), 

6 as reported by the Committee on Appropriations of the Sen7 ate, at the rate set forth under ‘‘District of Columbia 

8 Funds’’ as included in the Fiscal Year 2011 Budget Request 

9 Act (D.C. Act 18–448), as modified as of the date of the 

10 enactment of this Act. 

11 SEC. 2515. Notwithstanding section 1101, the limits 

12 set forth in section 702 of division C of Public Law 111– 

13 117 shall not apply to any vehicle that is a commercial 

14 item and which operates on emerging motor vehicle tech15 nology, including electric, plug-in hybrid electric, and hy16 drogen fuel cell vehicles. 

17 SEC. 2516. Notwithstanding section 1101, the aggre18 gate amount of new obligational authority provided under 

19 the heading ‘‘General Services Administration, Real Prop20 erty Activities, Federal Buildings Fund, Limitations on 

21 Availability of Revenue’’ for Federal buildings and court22 houses and other purposes of the Fund shall be 

23 $8,228,561,000, of which $492,722,000 is provided for 

24 ‘‘Construction and Acquisition’’ and $500,067,000 is pro25 vided for ‘‘Repairs and Alterations’’: Provided, That the 
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1 Administrator of General Services is authorized to initiate 

2 design, construction, repair, alteration, leasing, and other 

3 projects through existing authorities of the Administrator: 

4 Provided further, That the General Services Administration 

5 shall submit a detailed plan, by project, regarding the use 

6 of funds to the Committees on Appropriations of the House 

7 of Representatives and the Senate within 30 days of enact8 ment of this section and will provide notification to the 

9 Committees within 15 days prior to any changes regarding 

10 the use of these funds. 

11 SEC. 2517. The matter pertaining to the amount of 

12 $1,000,000 under the heading ‘‘General Services Adminis13 tration, Operating Expenses’’ in division C of Public Law 

14 111–117 (123 Stat. 3190) shall not apply to funds appro15 priated by this Act. 

16 SEC. 2518. Notwithstanding section 1101, the level for 

17 each of the following accounts of the National Archives and 

18 Records Administration shall be as follows: ‘‘Operating Ex19 penses’’, $348,689,000; ‘‘Office of Inspector General’’, 

20 $4,250,000; ‘‘Electronic Records Archives’’, $72,000,000, of 

21 which $52,500,000 shall remain available until September 

22 30, 2013; ‘‘Repairs and Restoration’’ , $11,848,000; and 

23 ‘‘National Historical Publications and Records Commis24 sion, Grants Program’’, $10,000,000. 
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1 SEC. 2519. Public Law 109–115 is amended, under the 

2 heading ‘‘National Archives and Records Administration, 

3 Repairs and Restoration’’, by striking ‘‘of which $1,500,000 

4 is to construct a new regional archives and records facility 

5 in Anchorage, Alaska,’’. 

6 SEC. 2520. Division H of Public Law 108–447 is 

7 amended, under the heading ‘‘National Archives and 

8 Records Administration, Repairs and Restoration’’, by 

9 striking ‘‘of which $3,000,000 is for site preparation and 

10 construction management to construct a new regional ar11 chives and records facility in Anchorage, Alaska, and’’. 

12 SEC. 2521. Public Law 111–240 is amended in section 

13 1114 and section 1704 by striking ‘‘December 31, 2010’’ 

14 and inserting ‘‘September 30, 2011’’ each time it appears 

15 and in section 1704 by adding at the end the following: 

16 ‘‘(c) For purposes of the loans made under this section, the 

17 maximum guaranteed amount outstanding to the borrower 

18 may not exceed $4,500,000.’’. 

19 SEC. 2522. Notwithstanding section 1101, the level for 

20 ‘‘United States Postal Service, Payment to the Postal Serv21 ice Fund’’ shall be $29,000,000; and, notwithstanding sec22 tion 1109, an additional $74,905,000 shall be available for 

23 obligation on October 1, 2011. 
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1 SEC. 2523. Of the unobligated balances of prior year 

2 appropriations available under the heading ‘‘Privacy and 

3 Civil Liberties Oversight Board’’, $1,500,000 is rescinded. 

4 SEC. 2524. Section 617 of division C of Public Law 

5 111–117 is amended by striking ‘‘December 31, 2009’’ and 

6 inserting ‘‘December 31, 2010’’. 

7 SEC. 2525. Of the unobligated balances of prior year 

8 appropriations available under the heading ‘‘Federal Com9 munications Commission, Salaries and Expenses’’, 

10 $2,800,000 is rescinded. 

11 SEC. 2526. Section 710 of division C of Public Law 

12 111–117 is amended in subsection (c) by striking ‘‘Sep13 tember 30, 2009’’ and inserting ‘‘September 30, 2010’’ and 

14 in subsection (e) by striking ‘‘September 30, 2009’’ and in15 serting ‘‘September 30, 2010’’. 

16 SEC. 2527. Section 805(b) of division C of Public Law 

17 111–117 is amended by striking ‘‘November 1, 2010’’ and 

18 inserting ‘‘November 1, 2011’’. 

19 SEC. 2528. Section 302 of the Universal Service 

20 Antideficiency Temporary Suspension Act is amended by 

21 striking ‘‘December 31, 2010’’ each place it appears and 

22 inserting ‘‘December 31, 2011’’. 

23 CHAPTER 6—HOMELAND SECURITY 

24 SEC. 2601. Within 30 days after the date of enactment 

25 of this Act, the Department of Homeland Security shall sub-
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1 mit to the Committees on Appropriations of the House of 

2 Representatives and the Senate an expenditure plan for fis3 cal year 2011 at a level of specificity below the account level 

4 for the activities listed in the detailed funding table con5 tained in Public Law 111–83. 

6 SEC. 2602. Notwithstanding section 1101, the level for 

7 ‘‘Office of the Under Secretary for Management’’ shall be 

8 $366,617,000, of which $129,384,000 shall remain available 

9 until expended for headquarters consolidation and improve10 ments. 

11 SEC. 2603. Notwithstanding section 1101, the level for 

12 ‘‘Office of the Federal Coordinator for Gulf Coast Rebuild13 ing’’ shall be $0. 

14 SEC. 2604. Notwithstanding section 1101, the level for 

15 each of the following accounts shall be as follows: ‘‘U.S. Cus16 toms and Border Protection, Salaries and Expenses’’, 

17 $8,208,013,000; ‘‘U.S. Customs and Border Protection, Au18 tomation Modernization’’, $347,575,000; ‘‘U.S. Customs 

19 and Border Protection, Border Security Fencing, Infra20 structure, and Technology’’, $574,173,000; and ‘‘U.S. Cus21 toms and Border Protection, Construction and Facilities 

22 Management’’, $275,740,000. 

23 SEC. 2605. Notwithstanding section 1101, the level for 

24 each of the following accounts shall be as follows: ‘‘U.S. Im25 migration and Customs Enforcement, Salaries and Ex-
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1 penses’’, $5,437,834,000; and ‘‘U.S. Immigration and Cus2 toms Enforcement, Automation Modernization’’, 

3 $84,700,000. 

4 SEC. 2606. Notwithstanding section 1101, the level for 

5 each of the following accounts shall be as follows: ‘‘Trans6 portation Security Administration, Aviation Security’’, 

7 $5,269,490,000, of which $320,000,000 shall be for the pur8 chase and installation of explosives detection systems; 

9 ‘‘Transportation Security Administration, Surface Trans10 portation Security’’, $137,558,000; and ‘‘Transportation 

11 Security Administration, Federal Air Marshals’’, 

12 $926,711,000: Provided, That in applying the second pro13 viso under the Aviation Security heading with respect to 

14 amounts made available by this Act, ‘‘9 percent’’ shall be 

15 substituted for ‘‘28 percent’’: Provided further, That secu16 rity service fees authorized under section 44940 of title 49, 

17 United States Code, shall be credited to the ‘‘Aviation Secu18 rity’’ appropriation as offsetting collections and shall be 

19 available only for aviation security: Provided further, That 

20 the sum appropriated under the Aviation Security heading 

21 from the general fund shall be reduced on a dollar-for-dollar 

22 basis as such offsetting collections are received during fiscal 

23 year 2011, so as to result in a final fiscal year appropria24 tion from the general fund estimated at not more than 

25 $3,169,490,000. 
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1 SEC. 2607. Section 514 of Public Law 111–83 is 

2 amended to read as follows: 

3 ‘‘SEC. 514. (a) The Assistant Secretary of Homeland 

4 Security (Transportation Security Administration) shall 

5 work with air carriers and airports to ensure that screening 

6 (as that term is defined in section 44901(g)(5) of title 49, 

7 United States Code), increases incrementally each quarter 

8 until the requirement under section 44901(g)(2)(B) of such 

9 title is met. 

10 ‘‘(b) Not later than 120 days after the end of each 

11 quarter, the Assistant Secretary shall submit to the Com12 mittees on Appropriations of the Senate and the House of 

13 Representatives a report on air cargo inspection statistics 

14 by airport and air carrier detailing the incremental 

15 progress being made to meet the requirement of section 

16 44901(g)(2)(B) of title 49, United States Code. 

17 ‘‘(c) Not later than 180 days after the date of the enact18 ment of the Full-Year Continuing Appropriations Act, 

19 2011, the Assistant Secretary shall submit to the Commit20 tees on Appropriations of the Senate and the House of Rep21 resentatives, a report that either— 

22 ‘‘(1) certifies that the requirement for screening 

23 all air cargo on passenger aircraft by the deadline 

24 under section 44901(g) of title 49, United States Code 

25 has been met; or 
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1 ‘‘(2) includes a strategy to comply with the re2 quirements under section 44901(g) of title 49, United 

3 States Code, including— 

4 ‘‘(A) a plan to meet the requirement under 

5 section 44901(g) of title 49, United States Code, 

6 to screen 100 percent of air cargo transported on 

7 passenger aircraft arriving in the United States 

8 in foreign air transportation (as that term is de9 fined in section 40102 of that title); and 

10 ‘‘(B) specification of— 

11 ‘‘(i) the percentage of such air cargo 

12 that is being screened; and 

13 ‘‘(ii) the schedule for achieving screen14 ing of 100 percent of such air cargo. 

15 ‘‘(d) The Assistant Secretary shall continue to submit 

16 reports described in subsection (c)(2) every 180 days there17 after until the Assistant Secretary certifies that the Trans18 portation Security Administration has achieved screening 

19 of 100 percent of such air cargo.’’. 

20 SEC. 2608. (a) CIVIL PENALTIES.—Section 

21 46301(a)(5)(A)(i) of title 49, United States Code, is amend22 ed— 

23 (1) by striking ‘‘or chapter 449’’ and inserting 

24 ‘‘chapter 449’’; and 
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1 (2) by inserting ‘‘, or section 46314(a)’’ after 

2 ‘‘44909)’’. 

3 (b) CRIMINAL PENALTIES.—Section 46314(b) of title 

4 49, United States Code, is amended to read as follows: 

5 ‘‘(b) CRIMINAL PENALTY.—A person violating sub6 section (a) of this section shall be fined under title 18, im7 prisoned for not more than 10 years, or both.’’. 

8 (c) NOTICE OF PENALTIES.—Section 46314 of title 49, 

9 United States Code, is amended by adding at the end the 

10 following new subsection: 

11 ‘‘(c) NOTICE OF PENALTIES.— 

12 ‘‘(1) IN GENERAL.—Each operator of an airport 

13 in the United States that is required to establish an 

14 air transportation security program pursuant to sec15 tion 44903(c) shall ensure that signs that meet such 

16 requirements as the Secretary of Homeland Security 

17 may prescribe providing notice of the penalties im18 posed under sections 46301(a)(5)(A)(i) and subsection 

19 (b) of this section, are displayed near all screening lo20 cations, all locations where passengers exit the sterile 

21 area, and such other locations at the airport as the 

22 Secretary of Homeland Security determines appro23 priate. 

24 ‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An in25 dividual shall be subject to the penalty provided for 
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1 under section 46301(a)(5)(A)(i) and subsection (b) of 

2 this section without regard to whether or not signs are 

3 displayed at an airport as required by paragraph 

4 (1).’’. 

5 SEC. 2609. Notwithstanding section 1101, the level for 

6 ‘‘Coast Guard, Operating Expenses’’ shall be 

7 $6,913,113,000, of which $241,503,000 made available for 

8 overseas deployments and other activities is designated as 

9 an emergency requirement and necessary to meet emergency 

10 needs pursuant to sections 403(a) and 423(b) of S. Con. 

11 Res. 13 (111th Congress), the concurrent resolution on the 

12 budget for fiscal year 2010: Provided, That the Coast Guard 

13 may decommission one Medium Endurance Cutter, two 

14 High Endurance Cutters, four HU–25 aircraft, the Mari15 time Intelligence Fusion Center, and one Maritime Safety 

16 and Security Team, and make staffing changes at the Coast 

17 Guard Investigative Service, as outlined in its budget jus18 tification documents for fiscal year 2011 as submitted to 

19 the Committees on Appropriations of the Senate and House 

20 of Representatives. 

21 SEC. 2610. Notwithstanding section 1101, the level for 

22 ‘‘Coast Guard, Acquisition, Construction, and Improve23 ments’’ shall be $1,477,985,000, of which $2,000,000 shall 

24 be derived from the Coast Guard Housing Fund, established 

25 by section 687 of title 14, United States Code, and shall 
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1 remain available until expended for military family hous2 ing; of which $73,200,000 shall be for vessels, small boats, 

3 critical infrastructure and related equipment; of which 

4 $36,000,000 shall be for other equipment; of which 

5 $69,200,000 shall be for shore facilities and aids to naviga6 tion facilities; of which $106,083,000 shall be available for 

7 personnel compensation and benefits and related costs; and 

8 of which $1,191,502,000 shall be for the Integrated Deep9 water Systems program: Provided, That of the funds made 

10 available for the Integrated Deepwater Systems program, 

11 $103,000,000 is for aircraft and $933,002,000 is for surface 

12 ships. 

13 SEC. 2611. Notwithstanding section 1101, the level for 

14 ‘‘Coast Guard, Alteration of Bridges’’ shall be $0. 

15 SEC. 2612. (a) Subject to subsection (b), for fiscal year 

16 2011, the Coast Guard may enter into agreements under 

17 section 1535 of title 31, United States Code, with the Sec18 retary of the Navy for the disposal of Coast Guard vessels 

19 in accordance with sections 7305 and 7305a of title 10, 

20 United States Code. 

21 (b) Any agreement entered into under subsection (a) 

22 shall be at no additional cost to the United States Navy. 

23 SEC. 2613. In addition to amounts otherwise made 

24 available by this Act to ‘‘United States Secret Service, Sala25 ries and Expenses’’, $14,000,000 is appropriated for costs 
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1 associated with protection to be provided to candidates in 

2 the 2012 presidential campaign and $7,000,000 is appro3 priated for costs associated with implementation of the 

4 United States Secret Service Uniformed Division Mod5 ernization Act of 2010 (Public Law 111–282). 

6 SEC. 2614. Notwithstanding section 1101, the level for 

7 ‘‘National Protection and Programs Directorate, Infra8 structure Protection and Information Security’’ shall be 

9 $878,316,000. 

10 SEC. 2615. Notwithstanding section 1101, the level for 

11 ‘‘United States Visitor and Immigrant Status Indicator 

12 Technology’’ shall be $339,263,000. 

13 SEC. 2616. Notwithstanding section 1101, the level for 

14 ‘‘Federal Emergency Management Agency, State and Local 

15 Programs’’ shall be $2,913,058,000: Provided, That 4.5 per16 cent of the amount provided shall be transferred to the Fed17 eral Emergency Management Agency ‘‘Management and 

18 Administration’’ account for program administration: Pro19 vided further, That paragraph (10) and subparagraphs (B) 

20 and (C) of paragraph (13) under the heading ‘‘Federal 

21 Emergency Management Agency, State and Local Pro22 grams’’ in Public Law 111–83 shall not apply to funds ap23 propriated by this Act: Provided further, That $12,558,000 

24 is available under paragraph (12) under such heading in 

25 such public law, to be competitively awarded. 
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1 SEC. 2617. Notwithstanding section 1101, in fiscal 

2 year 2011, funds shall not be available from the National 

3 Flood Insurance Fund under section 1310 of the National 

4 Flood Insurance Act of 1968 (42 U.S.C. 4017) for operating 

5 expenses in excess of $110,000,000, and for agents’ commis6 sions and taxes in excess of $963,339,000: Provided, That 

7 notwithstanding section 1101, for activities under the Na8 tional Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) 

9 and the Flood Disaster Protection Act of 1973 (42 U.S.C. 

10 4001 et seq.), the level shall be $169,000,000, which shall 

11 be derived from offsetting collections assessed and collected 

12 under 1308(d) of the National Flood Insurance Act of 1968 

13 (42 U.S.C. 4015(d)), of which not to exceed $22,145,000 

14 shall be available for salaries and expenses associated with 

15 flood mitigation and flood insurance operations; and not 

16 less than $146,855,000 shall be available for flood plain 

17 management and flood mapping, which shall remain avail18 able until September 30, 2012. 

19 SEC. 2618. Notwithstanding the requirement under 

20 section 34(a)(1)(A) of the Federal Fire Prevention and Con21 trol Act of 1974 (15 U.S.C. 2229a(a)(1)(A)) that grants 

22 must be used to increase the number of firefighters in fire 

23 departments, the Secretary of Homeland Security, in mak24 ing grants under section 34 of such Act using the funds 

25 appropriated for fiscal year 2011, shall grant waivers from 
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1 the requirements of subsections (a)(1)(B), (c)(1), (c)(2), and 

2 (c)(4)(A) of such section: Provided further, That section 

3 34(a)(1)(E) of such Act shall not apply with respect to 

4 funds appropriated for fiscal year 2011 for grants under 

5 section 34 of such Act: Provided further, That the Secretary 

6 of Homeland Security, in making grants under section 34 

7 of such Act, shall ensure that funds appropriated for fiscal 

8 year 2011 are made available for the retention of fire9 fighters. 

10 SEC. 2619. Notwithstanding section 1101, the level for 

11 ‘‘Federal Emergency Management Agency, National 

12 Predisaster Mitigation Fund’’ shall be $85,000,000. 

13 SEC. 2620. Notwithstanding section 1101, the level for 

14 ‘‘Federal Emergency Management Agency, Disaster Relief’’ 

15 shall be increased by $130,000,000. 

16 SEC. 2621. Section 203 (m) of the Robert T. Stafford 

17 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

18 5133(m)) is amended by striking ‘‘September 30, 2010’’ and 

19 inserting ‘‘September 30, 2011’’. 

20 SEC. 2622. Notwithstanding section 1101, the level for 

21 ‘‘United States Citizenship and Immigration Services’’ 

22 shall be $306,400,000, of which $176,000,000 shall be for 

23 processing applications for asylum or refugee status, and 

24 of which $103,400,000 is for the E–Verify Program, as au25 thorized by section 402 of the Illegal Immigration Reform 
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1 and Immigrant Responsibility Act (8 U.S.C. 1324a note): 

2 Provided, That none of the funds made available in this 

3 section shall be available for development of the system com4 monly known as the ‘‘REAL ID hub’’. 

5 SEC. 2623. Notwithstanding section 1101, the level for 

6 ‘‘Federal Law Enforcement Training Center, Acquisition, 

7 Construction, Improvements, and Related Expenses’’ shall 

8 be $38,456,000. 

9 SEC. 2624. Notwithstanding section 1101, the level for 

10 ‘‘Science and Technology, Research, Development, Acquisi11 tion, and Operations’’ shall be $821,906,000: Provided, 

12 That the final proviso under this heading in Public Law 

13 111–83 (related to the National Bio- and Agro-defense Fa14 cility) shall have no effect with respect to all amounts avail15 able under this heading. 

16 SEC. 2625. Notwithstanding section 1101, the level for 

17 ‘‘Domestic Nuclear Detection Office, Research, Development, 

18 and Operations’’ shall be $299,537,000. 

19 SEC. 2626. Section 560 of Public Law 111–83 (123 

20 Stat. 2181) is amended to read as follows: 

21 ‘‘SEC. 560. (a) No funding provided in this or previous 

22 appropriations Acts shall be used for construction of the Na23 tional Bio- and Agro-defense Facility in Manhattan, Kan24 sas until— 
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1 ‘‘(1) the Department of Homeland Security has 

2 completed 50 percent of National Bio- and Agro-de3 fense Facility design planning and submitted a re4 vised site-specific biosafety and biosecurity mitigation 

5 risk assessment that describes how to significantly re6 duce risks of conducting essential research and diag7 nostic testing at the National Bio- and Agro-defense 

8 Facility and addresses shortcomings identified in the 

9 National Academy of Sciences’ evaluation of the ini10 tial site-specific biosafety and biosecurity mitigation 

11 risk assessment; and 

12 ‘‘(2) the National Academy of Sciences submits 

13 an evaluation of the revised site-specific biosafety and 

14 biosecurity mitigation risk assessment. 

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

16 mitigation risk assessment required by subsection (a) 

17 shall— 

18 ‘‘(1) include a quantitative risk assessment for 

19 foot-and-mouth disease virus, in particular epidemio20 logical and economic impact modeling to determine 

21 the overall risk of operating the facility for its ex22 pected 50-year life span, taking into account strate23 gies to mitigate risk of foot-and-mouth disease virus 

24 release from the laboratory and ensure safe operations 
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1 at the approved National Bio- and Agro-defense Fa2 cility site; 

3 ‘‘(2) address the impact of surveillance, response, 

4 and mitigation plans (developed in consultation with 

5 local, State, and national authorities and appropriate 

6 stakeholders) if a release occurs, to detect and control 

7 the spread of disease; and 

8 ‘‘(3) include overall risks of the most dangerous 

9 pathogens the Department of Homeland Security ex10 pects to hold in the National Bio- and Agro-defense 

11 Facility’s biosafety level 4 facility, and effectiveness of 

12 mitigation strategies to reduce those risks. 

13 ‘‘(c) The Secretary of Homeland Security shall enter 

14 into a contract with the National Academy of Sciences to 

15 evaluate the adequacy and validity of the risk assessment 

16 required by subsection (a). The National Academy of 

17 Sciences shall submit a report on such evaluation within 

18 4 months after the date the Department of Homeland Secu19 rity concludes its risk assessment.’’. 

20 SEC. 2627. From the unobligated balances for ‘‘Oper21 ations’’ of funds transferred to the Department of Homeland 

22 Security when it was created in 2003, $1,891,657 is re23 scinded. 

24 SEC. 2628. From the unobligated balances available for 

25 prior fiscal years for ‘‘U.S. Customs and Border Protection, 
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1 Construction’’ for construction projects, $99,772,000 is re2 scinded: Provided, That the amounts rescinded under this 

3 section shall be limited to amounts available for Border Pa4 trol projects and facilities. 

5 SEC. 2629. From the unobligated balances of funds for 

6 the ‘‘Violent Crime Reduction Program’’ transferred to the 

7 Department of Homeland Security when it was established 

8 in 2003, $4,912,245 is rescinded. 

9 SEC. 2630. From the unobligated balances of prior 

10 year appropriations made available for ‘‘U.S. Customs and 

11 Border Protection, Salaries and Expenses’’ transferred to 

12 the Department of Homeland Security when it was estab13 lished in 2003, $18,122,393 is rescinded. 

14 SEC. 2631. From the unobligated balances of prior 

15 year appropriations made available for ‘‘Federal Emer16 gency Management Agency, National Pre-Disaster Mitiga17 tion Fund’’, $18,173,641 is rescinded. 

18 SEC. 2632. From the unobligated balances of funds for 

19 the ‘‘Office for Domestic Preparedness’’ transferred to the 

20 Department of Homeland Security when it was established, 

21 $10,568,964 is rescinded. 

22 SEC. 2633. From unobligated balances of prior year 

23 appropriations made available for United States Citizen24 ship and Immigration Services for the program commonly 

25 known as the ‘‘REAL ID hub’’, $16,500,000 is rescinded. 
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1 SEC. 2634. From the unobligated balances of prior 

2 year appropriations made available for ‘‘Science and Tech3 nology, Research, Development, Acquisition, and Oper4 ations’’, $32,000,000 is rescinded. 

5 SEC. 2635. From the unobligated balances of funds 

6 made available in the Department of the Treasury For7 feiture Fund established by section 9703 of title 31, United 

8 States Code, that was added to such title by section 638 

9 of Public Law 102–393, $22,600,000 is rescinded. 

10 SEC. 2636. Section 550(b) of the Department of Home11 land Security Appropriations Act, 2007 (Public Law 109– 

12 295; 6 U.S.C. 121 note), is amended by striking ‘‘on October 

13 4, 2010’’ and inserting ‘‘on October 4, 2011’’. 

14 SEC. 2637. Section 532(a) of Public Law 109–295 

15 (120 Stat. 1384), as amended by section 519 of Public Law 

16 111–83 (123 Stat 2171), is amended by striking ‘‘2010’’ 

17 and inserting ‘‘2011’’. 

18 SEC. 2638. Section 831 of the Homeland Security Act 

19 of 2002 (6 U.S.C. 391), as amended by section 531 of Public 

20 Law 111–83 (123 Stat 2174), is amended— 

21 (1) in subsection (a), by striking ‘‘Until Sep22 tember 30, 2010’’ and inserting ‘‘Until September 30, 

23 2011,’’; and 

24 (2) in subsection (d)(1), by striking ‘‘September 

25 30, 2010,’’ and inserting ‘‘September 30, 2011,’’. 
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1 CHAPTER 7—INTERIOR, ENVIRONMENT, AND 

2 RELATED AGENCIES 

3 SEC. 2701. Notwithstanding section 1101, the level for 

4 each of the following accounts shall be as follows: ‘‘Bureau 

5 of Land Management, Management of Lands and Re6 sources’’, $971,306,000; ‘‘National Park Service, National 

7 Recreation and Preservation’’, $62,586,000; ‘‘Minerals 

8 Management Service, Oil Spill Research’’, $11,768,000; 

9 ‘‘Indian Health Service, Indian Health Facilities’’, 

10 $443,320,000; ‘‘Smithsonian Institution, Legacy Fund’’, 

11 $0; ‘‘Dwight D. Eisenhower Memorial Commission, Sala12 ries and Expenses’’, $0; and ‘‘Dwight D. Eisenhower Memo13 rial Commission, Capital Construction’’, $0. 

14 SEC. 2702. Notwithstanding any other provision of 

15 this Act, the funding level for ‘‘National Park Service, Park 

16 Partnership Project Grants’’ shall be $0 and the matter per17 taining to such account in division A of Public Law 111– 

18 88 shall not apply to funds appropriated by this Act. 

19 SEC. 2703. Notwithstanding section 1101, the last pro20 viso under the heading ‘‘National Park Service, Construc21 tion’’ in division A of Public Law 111–88 shall not apply 

22 to funds appropriated by this Act. 

23 SEC. 2704. Notwithstanding section 1101, the level for 

24 ‘‘United States Geological Survey, Surveys, Investigations, 

25 and Research’’ shall be $1,125,090,000, of which 
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1 $53,500,000 shall be for satellite operations, and of which 

2 $4,807,000 shall be for deferred maintenance and capital 

3 improvement projects that exceed $100,000 in cost. 

4 SEC. 2705. Notwithstanding section 1101, the provi5 sions under the heading ‘‘Minerals Management Service, 

6 Royalty and Offshore Minerals Management’’ in division 

7 A of Public Law 111–88 shall be applied to funds appro8 priated by this Act as follows: by substituting 

9 ‘‘$271,113,000’’ for ‘‘$175,217,000’’; by substituting 

10 ‘‘$113,174,000’’ for ‘‘$89,374,000’’; by substituting 

11 ‘‘$154,890,000’’ for ‘‘$156,730,000’’ each place it appears; 

12 and by substituting ‘‘fiscal year 2011’’ for ‘‘fiscal year 

13 2010’’ each place it appears. 

14 SEC. 2706. Notwithstanding section 1101, the provi15 sions under the heading ‘‘Bureau of Indian Affairs, Oper16 ation of Indian Programs’’ in division A of Public Law 

17 111–88 shall be applied to funds appropriated by this Act 

18 as follows: by substituting ‘‘$2,355,965,000’’ for 

19 ‘‘$2,335,965,000’’; by substituting ‘‘$200,000,000’’ for 

20 ‘‘$166,000,000’’ in the matter pertaining to contract sup21 port costs; by substituting ‘‘$85,000,000’’ for ‘‘$74,915,000’’ 

22 in the matter pertaining to welfare assistance payments; 

23 by substituting ‘‘$597,449,000’’ for ‘‘$568,702,000’’ in the 

24 matter pertaining to school operations costs of Bureau25 funded schools and other education programs; and by sub-
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1 stituting ‘‘$53,899,000’’ for ‘‘$43,373,000’’ in the matter 

2 pertaining to administrative cost grants for school oper3 ations. 

4 SEC. 2707. The matter pertaining to Public Law 109– 

5 379 (regarding the Isleta Pueblo settlement) under the head6 ing ‘‘Bureau of Indian Affairs, Indian Land and Water 

7 Claim Settlements and Miscellaneous Payments to Indians’’ 

8 in division A of Public Law 111–88 shall not apply to 

9 funds appropriated by this Act. 

10 SEC. 2708. Notwithstanding section 1101, the level for 

11 ‘‘Environmental Protection Agency, Environmental Pro12 grams and Management’’ shall be $2,840,779,000, of which 

13 $455,441,000 shall be for the Geographic Programs specified 

14 in the explanatory statement accompanying Public Law 

15 111–88, except that the funding level for the Great Lakes 

16 Restoration Initiative shall be $322,000,000. 

17 SEC. 2709. Notwithstanding section 1101, the level for 

18 ‘‘Environmental Protection Agency, State and Tribal As19 sistance Grants’’ shall be $4,813,446,000, of which $0 shall 

20 be for special project grants. 

21 SEC. 2710. Notwithstanding section 1101, the amounts 

22 included under the heading ‘‘Administrative Provisions, 

23 Environmental Protection Agency’’ in division A of Public 

24 Law 111–88 shall be applied to funds appropriated by this 

25 Act by substituting ‘‘$322,000,000’’ for ‘‘$475,000,000’’. 
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1 SEC. 2711. Of the unobligated balances available for 

2 ‘‘Environmental Protection Agency, State and Tribal As3 sistance Grants’’, $10,000,000 is rescinded: Provided, That 

4 no amounts may be rescinded from amounts that were des5 ignated by Congress as an emergency requirement pursuant 

6 to a concurrent resolution on the budget or the Balanced 

7 Budget and Emergency Deficit Control Act of 1985, as 

8 amended. 

9 SEC. 2712. Notwithstanding section 1101, the level for 

10 ‘‘Forest Service, National Forest System’’ shall be 

11 $1,581,339,000, of which $30,000,000 shall be deposited in 

12 the Collaborative Forest Landscape Restoration Fund for 

13 ecological restoration treatments as authorized by 16 U.S.C. 

14 7303(f). 

15 SEC. 2713. Notwithstanding section 1101, the level for 

16 ‘‘Indian Health Service, Indian Health Services’’ shall be 

17 $3,797,227,000, and the provisions under such heading 

18 shall be applied to funds appropriated by this Act by sub19 stituting ‘‘$816,759,000’’ for ‘‘$779,347,000’’ in the matter 

20 pertaining to contract medical care; by substituting 

21 ‘‘$404,332,000’’ for ‘‘$398,490,000’’ in the matter per22 taining to contract support costs; and in section 409 of divi23 sion A of Public Law 111–88 by substituting ‘‘111–8, and 

24 111–88’’ for ‘‘and 111–8’’ and by substituting ‘‘2010’’ for 

25 ‘‘2009’’. 
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1 SEC. 2714. The matter pertaining to methyl isocyanate 

2 in the last proviso under the heading ‘‘Chemical Safety and 

3 Hazard Investigation Board, Salaries and Expenses’’ in di4 vision A of Public Law 111–88 shall not apply to funds 

5 appropriated by this Act. 

6 SEC. 2715. Notwithstanding section 1101, the provi7 sions under the heading ‘‘National Gallery of Art, Repair, 

8 Restoration and Renovation of Buildings’’ in division A 

9 of Public Law 111–88 shall be applied to funds appro10 priated by this Act by substituting ‘‘$42,250,000’’ for 

11 ‘‘$40,000,000’’ in the matter pertaining to repair of the Na12 tional Gallery’s East Building fac ̧ade. 

13 SEC. 2716. The first proviso under the heading ‘‘John 

14 F. Kennedy Center for the Performing Arts, Operations and 

15 Maintenance’’ in division A of Public Law 111–88 is 

16 amended by striking ‘‘until expended’’ and all that follows 

17 and inserting ‘‘until September 30, 2011.’’. 

18 SEC. 2717. The contract authority provided for fiscal 

19 year 2011 for ‘‘National Park Service, Land and Water 

20 Conservation Fund’’ by 16 U.S.C. 460l–10a is rescinded. 

21 SEC. 2718. (a) Notwithstanding any other provision 

22 of this Act, the Secretary of the Interior may enter into 

23 multiyear cooperative agreements with nonprofit organiza24 tions and other appropriate entities, and may enter into 

25 multiyear contracts in accordance with the provisions of 
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1 section 304B of the Federal Property and Administrative 

2 Services Act of 1949 (41 U.S.C. 254c) (except that the 5 

3 year term restriction in subsection (d) shall not apply), for 

4 the long-term care and maintenance of excess wild free5 roaming horses and burros by such organizations or entities 

6 on private land. Such cooperative agreements and contracts 

7 may not exceed 10 years, subject to renewal at the discretion 

8 of the Secretary. 

9 (b) During fiscal year 2011 and subsequent fiscal 

10 years, in carrying out work involving cooperation with any 

11 State or political subdivision thereof, the Bureau of Land 

12 Management may record obligations against accounts re13 ceivable from any such entities. 

14 SEC. 2719. During fiscal year 2011, the Secretary of 

15 the Interior, in order to implement a reorganization of the 

16 Bureau of Ocean Energy Management, Regulation, and 

17 Enforcement, may establish accounts, transfer funds among 

18 and between the offices and bureaus affected by the reorga19 nization, and take any other administrative actions nec20 essary in conformance with the Appropriations Committee 

21 reprogramming procedures described in the joint explana22 tory statement of the managers accompanying Public Law 

23 111–88. 

24 SEC. 2720. Notwithstanding any other provision of 

25 this Act, during fiscal year 2011 and subsequent fiscal 
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1 years, the Secretary of Agriculture, acting through the For2 est Service, may carry out a program, to be known as the 

3 ‘‘Legacy Road and Trail Remediation program’’, to con4 duct urgently needed decommissioning of Forest Service 

5 roads, forest road and trail repair and maintenance and 

6 associated activities, and removal of fish passage barriers 

7 on National Forest System lands, especially in areas where 

8 Forest Service roads may be contributing to water quality 

9 problems in streams and water bodies supporting threat10 ened, endangered, or sensitive species or community water 

11 sources. 

12 SEC. 2721. Notwithstanding section 1101, section 423 

13 of Public Law 111–88 (123 Stat. 2961), concerning the dis14 tribution of geothermal energy receipts, shall have no force 

15 or effect and the provisions of section 3003(a) of Public Law 

16 111–212 (124 Stat. 2338) shall apply for fiscal year 2011. 

17 SEC. 2722. The authority provided by section 337 of 

18 the Department of the Interior and Related Agencies Appro19 priations Act, 2005 (Public Law 108–447; 118 Stat. 3102), 

20 as amended, shall remain in effect until the date specified 

21 in section 1106 of this Act. 

22 SEC. 2723. Section 433 of division A of Public Law 

23 111–88 (regarding Forest Service cabin user fees) is amend24 ed by striking ‘‘2010’’ and ‘‘2009’’ and inserting ‘‘2011’’ 

25 and ‘‘2010’’, respectively. 
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1 SEC. 2724. Section 11(c)(1) of the Outer Continental 

2 Shelf Lands Act (43 U.S.C. 1340(c)(1)) is amended by 

3 striking ‘‘within thirty days’’ and inserting ‘‘within ninety 

4 days’’. 

5 SEC. 2725. Notwithstanding section 1101, the level for 

6 section 415 of division A of Public Law 111–88 shall be 

7 $0. 

8 SEC. 2726. Within 30 days after the date of the enact9 ment of this Act, each of the following departments and 

10 agencies shall submit to the House and Senate Committees 

11 on Appropriations a spending, expenditure, or operating 

12 plan for fiscal year 2011 at a level of detail below the ac13 count level: 

14 (1) Department of Agriculture, Forest Service. 

15 (2) Department of the Interior. 

16 (3) Environmental Protection Agency. 

17 (4) Indian Health Service. 

18 (5) Smithsonian Institution. 

19 (6) National Gallery of Art. 

20 (7) National Endowment for the Arts. 

21 (8) National Endowment for the Humanities. 

22 SEC. 2727. (a) MODIFICATION.— 

23 (1) IN GENERAL.—The first sentence of section 

24 19 of the Act of June 18, 1934 (commonly known as 
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1 the ‘‘Indian Reorganization Act’’) (25 U.S.C. 479), is 

2 amended— 

3 (A) by striking ‘‘The term’’ and inserting 

4 ‘‘Effective beginning on June 18, 1934, the 

5 term’’; and 

6 (B) by striking ‘‘any recognized Indian 

7 tribe now under Federal jurisdiction’’ and in8 serting ‘‘any federally recognized Indian tribe’’. 

9 (2) EFFECTIVE DATE.—The amendments made 

10 by paragraph (1) shall take effect as if included in 

11 the Act of June 18, 1934 (commonly known as the 

12 ‘‘Indian Reorganization Act’’) (25 U.S.C. 479), on the 

13 date of enactment of that Act. 

14 (b) RATIFICATION AND CONFIRMATION OF ACTIONS.— 

15 Any action taken by the Secretary of the Interior pursuant 

16 to the Act of June 18, 1934 (commonly known as the ‘‘In17 dian Reorganization Act’’) (25 U.S.C. 461 et seq.) for any 

18 Indian tribe that was federally recognized on the date of 

19 the action is ratified and confirmed, to the extent such ac20 tion is subjected to challenge based on whether the Indian 

21 tribe was federally recognized or under Federal jurisdiction 

22 on June 18, 1934, ratified and confirmed as fully to all 

23 intents and purposes as if the action had, by prior act of 

24 Congress, been specifically authorized and directed. 

25 (c) EFFECT ON OTHER LAWS.— 
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1 (1) IN GENERAL.—Nothing in this section or the 

2 amendments made by this section affects— 

3 (A) the application or effect of any Federal 

4 law other than the Act of June 18, 1934 (25 

5 U.S.C. 461 et seq.) (as amended by subsection 

6 (a)); or 

7 (B) any limitation on the authority of the 

8 Secretary of the Interior under any Federal law 

9 or regulation other than the Act of June 18, 1934 

10 (25 U.S.C. 461 et seq.) (as so amended). 

11 (2) REFERENCES IN OTHER LAWS.—An express 

12 reference to the Act of June 18, 1934 (25 U.S.C. 461 

13 et seq.) contained in any other Federal law shall be 

14 considered to be a reference to that Act as amended 

15 by subsection (a). 

16 CHAPTER 8—LABOR, HEALTH AND HUMAN 

17 SERVICES, EDUCATION, AND RELATED AGENCIES 

18 SEC. 2801. (a) Notwithstanding section 1101, the level 

19 for ‘‘Department of Labor, Employment and Training Ad20 ministration, Training and Employment Services’’ shall be 

21 $1,906,530,000 plus reimbursements, of which: (1) 

22 $879,961,000 shall be available for obligation for the period 

23 July 1, 2011, through June 30, 2012, of which $68,450,000 

24 shall be available for pilots, demonstrations, and research 

25 activities; (2) $1,026,569,000 shall be available for obliga-
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1 tion for the period April 1, 2011, through June 30, 2012, 

2 for youth programs (including YouthBuild); and (3) no 

3 funds shall be available for the Career Pathways Innovation 

4 Fund. 

5 (b) Notwithstanding section 1101, the level for ‘‘De6 partment of Labor, Employment and Training Adminis7 tration, Community Service Employment for Older Ameri8 cans’’ shall be $620,425,000, to remain available through 

9 June 30, 2012, and the first and second provisos under such 

10 heading in division D of Public Law 111–117 shall not 

11 apply to funds appropriated by this Act. 

12 (c) Notwithstanding section 1101, the level which may 

13 be expended from the Employment Security Administration 

14 Account in the Unemployment Trust Fund for administra15 tive expenses of ‘‘Department of Labor, Employment and 

16 Training Administration, State Unemployment Insurance 

17 and Employment Service Operations’’ shall be 

18 $4,154,490,000 (which includes all amounts available to 

19 conduct in-person reemployment and eligibility assessments 

20 and unemployment insurance improper payment reviews), 

21 of which $3,375,645,000 shall be available for unemploy22 ment compensation State operations, $50,519,000 shall be 

23 available for Federal administration of foreign labor certifi24 cations, and $15,129,000 shall be available for grants to 

25 States for the administration of such activities. For pur-
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1 poses of this section, the first proviso under such heading 

2 in division D of Public Law 111–117 shall be applied by 

3 substituting ‘‘2011’’ and ‘‘6,051,000’’ for ‘‘2010’’ and 

4 ‘‘5,059,000’’, respectively. 

5 SEC. 2802. Funds appropriated by section 1101 of this 

6 Act to the Department of Labor’s Employment and Train7 ing Administration for technical assistance services to 

8 grantees may be transferred to ‘‘Department of Labor, Em9 ployment and Training Administration, Program Admin10 istration’’ if it is determined that those services will be more 

11 efficiently performed by Federal staff. 

12 SEC. 2803. Notwithstanding section 1101, the level for 

13 ‘‘Department of Labor, Employee Benefits Security Admin14 istration, Salaries and Expenses’’ shall be $164,861,000. 

15 SEC. 2804. Notwithstanding section 1101, the level for 

16 ‘‘Department of Labor, Mine Safety and Health Adminis17 tration, Salaries and Expenses’’ shall be $381,493,000, of 

18 which up to $15,000,000 shall be available to the Secretary 

19 of Labor to be transferred to ‘‘Departmental Management, 

20 Salaries and Expenses’’ for activities related to the Depart21 ment of Labor’s caseload before the Federal Mine Safety and 

22 Health Review Commission and the amounts included 

23 under the heading ‘‘Department of Labor, Mine Safety and 

24 Health Administration, Salaries and Expenses’’ in division 

25 D of Public Law 111–117 shall be applied to funds appro-
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1 priated in this Act during fiscal year 2011 by substituting 

2 ‘‘$1,350,000’’ for ‘‘$1,000,000’’. 

3 SEC. 2805. Funds appropriated by section 1101 of this 

4 Act for ‘‘Department of Labor, Bureau of Labor Statistics, 

5 Salaries and Expenses’’ may be obligated and expended to 

6 implement an alternative approach to the Locality Pay 

7 Survey component of the National Compensation Survey. 

8 SEC. 2806. Notwithstanding section 1101, the level for 

9 ‘‘Department of Labor, Departmental Management, Office 

10 of Job Corps’’ shall be $1,027,205,000 (which may be ad11 ministered within the Employment and Training Adminis12 tration pursuant to section 108 of division D of Public Law 

13 111–117), of which $993,015,000 shall be available to meet 

14 the operational needs of Job Corps centers. Of appropria15 tions made available in this Act for construction, rehabili16 tation, and acquisition of Job Corps centers, the Secretary 

17 of Labor may transfer up to 25 percent to meet the oper18 ational needs of Job Corps centers. 

19 SEC. 2807. (a) Of the unobligated balances available 

20 in ‘‘Department of Labor, Working Capital Fund’’, 

21 $3,900,000 is permanently rescinded, to be derived solely 

22 from amounts available in the Investment in Reinvention 

23 Fund (other than amounts that were designated by the Con24 gress as an emergency requirement pursuant to a concur-
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1 rent resolution on the budget or the Balanced Budget and 

2 Emergency Deficit Control Act of 1985). 

3 (b) Public Law 85–67 is amended by striking the third 

4 proviso under the heading ‘‘Working Capital Fund’’ (as 

5 added by Public Law 104–134) and relating to establish6 ment of an Investment in Reinvention Fund. 

7 SEC. 2808. Notwithstanding section 102 of division D 

8 of Public Law 111–117, not to exceed 1 percent of any dis9 cretionary funds (pursuant to the Balanced Budget and 

10 Emergency Deficit Control Act of 1985) that are appro11 priated for the current fiscal year for the Department of 

12 Labor in this Act may be transferred among appropria13 tions, but no such appropriation to which such funds are 

14 transferred may be increased by more than 3 percent by 

15 any such transfer: Provided, That the transfer authority 

16 granted by this section shall be available only to meet unan17 ticipated needs and shall not be used to create any new 

18 program or to fund any project or activity for which no 

19 funds are provided in this Act: Provided further, That the 

20 Committees on Appropriations are notified at least 15 days 

21 in advance of any transfer. 

22 SEC. 2809. (a) Notwithstanding section 1101, the level 

23 for ‘‘Department of Health and Human Services, Health 

24 Resources and Services Administration, Health Resources 

25 and Services’’ shall be $7,270,520,000, of which: (1) not 
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1 more than $100,000,000 shall be available until expended 

2 for carrying out the provisions of Public Law 104–73 and 

3 for expenses incurred by the Department of Health and 

4 Human Services pertaining to administrative claims made 

5 under such law; (2) not less than $1,932,865,000 shall re6 main available through September 30, 2013 for parts A and 

7 B of title XXVI of the Public Health Service Act (hereafter 

8 in this chapter,‘‘PHS Act’’), of which not less than 

9 $835,000,000 shall be for State AIDS Drug Assistance Pro10 grams under section 2616 of such Act; (3) in addition to 

11 amounts designated above to carry out parts A and B of 

12 title XXVI of the PHS Act, $60,000,000 shall be available 

13 through September 30, 2013, for allocation to State AIDS 

14 Drug Assistance Programs under section 2616 or section 

15 311(c) of the PHS Act; and (4) not less than $612,954,000 

16 shall be available for health professions programs under ti17 tles VII and VIII and section 340G of the PHS Act. 

18 (b) The eighteenth and nineteenth provisos under the 

19 heading ‘‘Department of Health and Human Services, 

20 Health Resources and Services Administration, Health Re21 sources and Services’’ in division D of Public Law 111– 

22 117 shall not apply to funds appropriated by this Act. 

23 (c) Sections 340G–1(d)(1) and (d)(2), 747(c)(2), and 

24 751(j)(2) of the PHS Act, and the proportional funding 

25 amounts in paragraphs (1) through (4) of section 756(e) 
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1 of such Act shall not apply to funds made available in this 

2 Act for ‘‘Department of Health and Human Services, 

3 Health Resources and Services Administration, Health Re4 sources and Services’’. 

5 (d) For any program operating under section 751 of 

6 the PHS Act on or before January 1, 2009, the Secretary 

7 of Health and Human Services may waive any of the re8 quirements contained in sections 751(d)(2)(A) and 

9 751(d)(2)(B) of such Act. 

10 SEC. 2810. (a) Notwithstanding section 1101, the level 

11 for the first paragraph under the heading ‘‘Department of 

12 Health and Human Services; Centers for Disease Control 

13 and Prevention; Disease Control, Research, and Training’’ 

14 shall be $6,251,352,000, of which: (1) $150,137,000 shall be 

15 available until expended to provide screening and treatment 

16 for first response emergency services personnel, residents, 

17 students, and others related to the September 11, 2001 ter18 rorist attacks on the World Trade Center; (2) $12,000,000 

19 shall remain available until expended for acquisition of real 

20 property, equipment, construction, and renovation of facili21 ties, including necessary repairs and improvements to lab22 oratories leased or operated by the Centers for Disease Con23 trol and Prevention; and (3) $527,234,000 shall remain 

24 available until expended for the Strategic National Stock25 pile under section 319F–2 of the PHS Act. 
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1 (b) Paragraphs (1) through (3) of section 2821(b) of 

2 the PHS Act shall not apply to funds made available in 

3 this Act. 

4 (c) Notwithstanding section 1101, funds appropriated 

5 for ‘‘Department of Health and Human Services; Centers 

6 for Disease Control and Prevention; Disease Control, Re7 search, and Training’’ shall also be available to carry out 

8 title II of the Immigration and Nationality Act and sec9 tions 4001, 4004, 4201, and 4301 of the Patient Protection 

10 and Affordable Care Act (Public Law 111–148). 

11 SEC. 2811. Notwithstanding section 1101, the level for 

12 ‘‘Department of Health and Human Services, National In13 stitutes of Health, National Institute of Allergy and Infec14 tious Diseases’’ shall be $4,818,275,000, and the require15 ment under such heading in division D of Public Law 111– 

16 117 for a transfer from Biodefense Countermeasures funds 

17 shall not apply. 

18 SEC. 2812. Of the amount provided by section 1101 

19 for ‘‘Department of Health and Human Services, National 

20 Institutes of Health, Office of the Director’’ (including 

21 amounts available for the Common Fund and the Director’s 

22 Discretionary Fund), up to $25,000,000 shall be available 

23 to implement the Cures Acceleration Network authorized by 

24 section 402C of the PHS Act. 
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1 SEC. 2813. (a) Notwithstanding section 1101, the level 

2 for ‘‘Department of Health and Human Services, Substance 

3 Abuse and Mental Health Services Administration, Sub4 stance Abuse and Mental Health Services’’ shall be 

5 $3,417,106,000. 

6 (b) The second proviso under the heading ‘‘Department 

7 of Health and Human Services, Substance Abuse and Men8 tal Health Services Administration, Substance Abuse and 

9 Mental Health Services’’ in division D of Public Law 111– 

10 117 shall not apply to funds appropriated by this Act. 

11 SEC. 2814. Notwithstanding section 1101, the level for 

12 amounts transferred from the Federal Hospital Insurance 

13 and Supplementary Medical Insurance Trust Funds for 

14 ‘‘Department of Health and Human Services, Centers for 

15 Medicare and Medicaid Services, Program Management’’ 

16 shall not exceed $3,623,113,000, of which $9,120,000 shall 

17 remain available through September 30, 2012, for Medicare 

18 contracting reform activities. 

19 SEC. 2815. Notwithstanding section 1101, the level for 

20 ‘‘Department of Health and Human Services, Centers for 

21 Medicare and Medicaid Services, Health Care Fraud and 

22 Abuse Control’’ shall be $461,000,000 which shall remain 

23 available through September 30, 2012, of which: (1) 

24 $274,640,000 shall be for the Medicare Integrity Program 

25 at the Centers for Medicare & Medicaid Services, including 
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1 administrative costs, to conduct oversight activities for 

2 Medicare Advantage and the Medicare Prescription Drug 

3 Program authorized in title XVIII of the Social Security 

4 Act and for activities listed in section 1893 of such Act; 

5 (2) $78,057,000 shall be for the Department of Health and 

6 Human Services Office of Inspector General to carry out 

7 fraud and abuse activities authorized by section 1817(k)(3) 

8 of such Act; (3) $34,400,000 shall be for the Medicaid and 

9 Children’s Health Insurance Program (‘‘CHIP’’) program 

10 integrity activities; and (4) $73,903,000 shall be for the De11 partment of Justice to carry out fraud and abuse activities 

12 authorized by section 1817(k)(3) of such Act. 

13 SEC. 2816. Notwithstanding section 1101, the level for 

14 ‘‘Department of Health and Human Services, Administra15 tion for Children and Families, Payments to States for the 

16 Child Care and Development Block Grant’’ shall be 

17 $2,501,081,000. 

18 SEC. 2817. (a) Notwithstanding section 1101, the level 

19 for ‘‘Department of Health and Human Services, Adminis20 tration for Children and Families, Children and Families 

21 Services Programs’’ shall be $9,643,532,000, of which— 

22 (1) $44,500,000 shall be for grants to States for 

23 adoption incentive payments as authorized by section 

24 473A of the Social Security Act; 
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1 (2) $7,548,783,000 shall be for making payments 

2 under the Head Start Act; and, for purposes of allo3 cating such funds under the Head Start Act, the term 

4 ‘‘base grant’’ as used in subsection (a)(7)(A) of section 

5 640 of such Act with respect to funding provided to 

6 a Head Start agency (including each Early Head 

7 Start agency) for fiscal year 2010 shall be deemed to 

8 include an amount obtained by multiplying 50 per9 cent of the funds appropriated under ‘‘Department of 

10 Health and Human Services, Administration for 

11 Children and Families, Children and Family Services 

12 Programs’’ in Public Law 111–5 and provided to 

13 such agency for carrying out expansion of Head Start 

14 programs, as that phrase is used in subsection 

15 (a)(4)(D) of such section 640, and provided to such 

16 agency as the ongoing funding level for operations in 

17 the 12 month budget period beginning in fiscal year 

18 2010 (‘‘expansion grants’’), by a fraction whose nu19 merator is the number of children actually enrolled in 

20 that agency’s Head Start program in slots funded by 

21 such expansion grants as of October 30, 2010, and 

22 whose denominator is the client population number 

23 included in the obligating documents for such expan24 sion grants for that agency’s Head Start program for 

25 such budget period; and 
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1 (3) $766,000,000 shall be for making payments 

2 under the Community Service Block Grant (‘‘CSBG’’) 

3 Act and of which $56,000,000 shall be for section 

4 680(a)(2) of the CSBG Act. 

5 (b) Notwithstanding section 611(d)(1) of title VI of di6 vision G of Public Law 110–161, the National Commission 

7 on Children and Disasters shall terminate on October 1, 

8 2011. 

9 SEC. 2818. (a) Notwithstanding section 1101, funds 

10 appropriated for ‘‘Department of Health and Human Serv11 ices, Administration on Aging, Aging Services Programs’’ 

12 shall also be available to carry out subtitle B of title XX 

13 of the Social Security Act and for necessary administrative 

14 expenses to carry out title XVII of the PHS Act. 

15 (b) Amounts otherwise available in this Act to carry 

16 out activities relating to Aging and Disability Resource 

17 Centers, under subsections (a)(20)(B)(iii) and (b)(8) of sec18 tion 202 of the Older Americans Act of 1965, shall be re19 duced by any amounts made available for fiscal year 2011 

20 for such purposes under section 2405 of the Patient Protec21 tion and Affordable Care Act. 

22 SEC. 2819. The amounts included under the heading 

23 ‘‘Department of Health and Human Services, Office of the 

24 Secretary, General Departmental Management’’ in division 

25 D of Public Law 111–117 shall be applied to funds appro-
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1 priated by this Act by substituting ‘‘$538,318,000’’ for 

2 ‘‘$493,377,000’’ and such amounts shall also be available 

3 to carry out title XXVII of the PHS Act, the second proviso 

4 under such heading shall not apply, and none of the funds 

5 made available in this Act shall be for carrying out activi6 ties specified under section 2003(b)(2) or (3) of the PHS 

7 Act. 

8 SEC. 2820. Notwithstanding section 1101, the level for 

9 ‘‘Department of Health and Human Services, Office of the 

10 Secretary, Office of Medicare Hearings and Appeals’’ shall 

11 be $77,798,000. 

12 SEC. 2821. Notwithstanding section 1101, the level for 

13 ‘‘Department of Health and Human Services, Office of the 

14 Secretary, Office of Inspector General’’ shall be $60,754,000. 

15 SEC. 2822. Notwithstanding section 1101, the level for 

16 ‘‘Department of Health and Human Services, Office of the 

17 Secretary, Office for Civil Rights’’ (excluding amounts 

18 transferred from trust funds) shall be $41,068,000. 

19 SEC. 2823. (a) Notwithstanding section 1101, the level 

20 for ‘‘Department of Health and Human Services, Office of 

21 the Secretary, Public Health and Social Services and Emer22 gency Fund’’ shall be $1,134,303,000, of which: (1) 

23 $403,194,000 shall remain available through September 30, 

24 2012, to support advanced research and development pursu25 ant to section 319L of the PHS Act and which shall be 
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1 derived by transfer from funds transferred to ‘‘Department 

2 of Health and Human Services, Office of the Secretary, 

3 Public Health and Social Services Emergency Fund’’ by 

4 Public Law 111–117 in the fourth paragraph under such 

5 heading; (2) $78,167,000 shall be for expenses necessary to 

6 prepare for and respond to an influenza pandemic, none 

7 of which shall be available past September 30, 2011; and 

8 (3) $35,000,000 shall be for expenses necessary for fit-out 

9 and other costs related to a competitive lease procurement 

10 to renovate or replace the existing headquarters building for 

11 Public Health Service agencies and other components of the 

12 Department of Health and Human Services. 

13 (b) Of the amounts provided under the heading ‘‘De14 partment of Health and Human Services, Office of the Sec15 retary, Public Health and Social Services Emergency 

16 Fund’’ in Public Laws 111–8 and 111–117 and available 

17 for expenses necessary to prepare for and respond to an in18 fluenza pandemic, $170,000,000 may also be used: (1) to 

19 plan, conduct, and support research to advance regulatory 

20 science to improve the ability to determine safety, effective21 ness, quality, and performance of medical countermeasure 

22 products against chemical, biological, radiological, and nu23 clear agents including influenza virus; and (2) to analyze, 

24 conduct, and improve regulatory review and compliance 

25 processes for such products. 
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1 SEC. 2824. (a) Not later than 45 days after enactment 

2 of this Act, the Secretary of Health and Human Services 

3 shall transfer from ‘‘Prevention and Public Health 

4 Fund’’— 

5 (1) $20,000,000 to ‘‘Health Resources and Serv6 ices’’ for an additional amount to carry out sections 

7 766, 767, 768, and 776 of the PHS Act; 

8 (2) $630,000,000 to ‘‘Disease Control, Research, 

9 and Training’’ for an additional amount to carry out 

10 sections 306, 317(k)(2)(A), 317G, 399U, 1706, and 

11 2821 of the PHS Act; sections 4001, 4004, 4201, and 

12 4301 of the Patient Protection and Affordable Care 

13 Act; Public Law 99–252; Public Law 98–474; the im14 munization program under authority of section 

15 317(a), (j), (k)(1), (l), and (m) of the PHS Act; the 

16 Environmental Public Health Tracking Program 

17 under authority of section 301 of the PHS Act; the 

18 Racial and Ethnic Approaches to Community Health 

19 program under authority of section 1703 of the PHS 

20 Act; the activities of the Office of Smoking and Health 

21 under authority of sections 317 and 1701 of the PHS 

22 Act; and State grants for chronic disease activities 

23 under section 317(k)(2)(B) of the PHS Act; 

24 (3) $88,000,000 to ‘‘Substance Abuse and Mental 

25 Health Services’’ for an additional amount for suicide 
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1 prevention activities and to carry out sections 505, 

2 509, and 520(k) of the PHS Act; and 

3 (4) $12,000,000 to ‘‘Healthcare Research and 

4 Quality’’ for an additional amount to carry out sec5 tions 902(a)(7) and 915(a) of the PHS Act. 

6 (b) Not later than 60 days after enactment of this Act, 

7 the Secretary of Health and Human Services shall submit 

8 an operating plan to the Committees on Appropriations de9 tailing the amounts allocated to the programs identified in 

10 subsection (a). 

11 SEC. 2825. Notwithstanding section 206 of division D 

12 of Public Law 111–117, not to exceed 1 percent of any dis13 cretionary funds (pursuant to the Balanced Budget and 

14 Emergency Deficit Control Act of 1985) that are appro15 priated by this Act for the current fiscal year for agencies 

16 of the Department of Health and Human Services for which 

17 funds were provided in such division may be transferred 

18 among appropriations, but no such appropriation to which 

19 such funds are transferred may be increased by more than 

20 3 percent by any such transfer: Provided, That the transfer 

21 authority granted by this section shall be available only to 

22 meet unanticipated needs and shall not be used to create 

23 any new program or to fund any project or activity for 

24 which no funds are provided in this Act: Provided further, 
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1 That the Committees on Appropriations are notified at least 

2 15 days in advance of any transfer. 

3 SEC. 2826. Hereafter, no funds appropriated in this 

4 or any previous or subsequent Act shall be subject to the 

5 allocation requirements of section 1707A(e) of the PHS Act. 

6 SEC. 2827. Hereafter, no funds appropriated in this 

7 or any previous or subsequent Act shall be available for 

8 transfer under section 274 of the PHS Act. 

9 SEC. 2828. Federal administrative costs for activities 

10 authorized subsequent to enactment of division D of Public 

11 Law 111–117 may be funded from the relevant appropria12 tions provided in this Act for administrative costs. 

13 SEC. 2829. Notwithstanding section 1101, the level for 

14 ‘‘Department of Education, School Improvement Pro15 grams’’ shall be $3,540,003,000, of which $3,358,993,000 

16 shall become available on July 1, 2011, and remain avail17 able through September 30, 2012, and for purposes of this 

18 section, up to $11,500,000 of the funds available for the For19 eign Language Assistance Program shall be available for 

20 activities described in the twelfth proviso under such head21 ing in division D of Public Law 111–117. 

22 SEC. 2830. (a) Notwithstanding section 1101, the level 

23 for ‘‘Department of Education, Innovation and Improve24 ment’’ shall be $1,870,123,000, of which $602,628,000 shall 

25 be available to carry out part D of title V of the Elementary 
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1 and Secondary Education Act of 1965, including up to 

2 $25,000,000 of such funds to remain available through Sep3 tember 30, 2012, and of which not more than $550,000,000 

4 may be used to make awards to States under section 14006 

5 of division A of Public Law 111–5 in accordance with the 

6 applicable requirements of that section. 

7 (b) The seventeenth and eighteenth provisos under the 

8 heading ‘‘Department of Education, Innovation and Im9 provement’’ in division D of Public Law 111–117 shall not 

10 apply to funds appropriated by this Act. 

11 SEC. 2831. Notwithstanding section 1101, the level for 

12 ‘‘Department of Education, Safe Schools and Citizenship 

13 Education’’ shall be $384,841,000, of which: (1) funds pro14 vided to carry out subpart 3 of part C of title II of the 

15 Elementary and Secondary Education Act of 1965 

16 (‘‘ESEA’’) shall be available to the Secretary of Education 

17 for competitive grants to nonprofit organizations that have 

18 demonstrated effectiveness in the development and imple19 mentation of civic learning programs, with priority for 

20 those programs that demonstrate innovation, scalability, 

21 accountability, and a focus on underserved populations; 

22 and (2) no funds shall be available for activities authorized 

23 under subpart 3 of part D of title V of the ESEA. 
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1 SEC. 2832. Notwithstanding section 1101, the level for 

2 ‘‘Department of Education, Rehabilitation Services and 

3 Disability Research’’ shall be $3,501,766,000. 

4 SEC. 2833. Within the funds provided by section 1101 

5 for ‘‘Department of Education, Special Institutions for Per6 sons with Disabilities, National Technical Institute for the 

7 Deaf’’, amounts designated for construction shall also be 

8 available for any other authorized purpose under such head9 ing. 

10 SEC. 2834. Notwithstanding section 1101, the level for 

11 ‘‘Department of Education; Career, Technical, and Adult 

12 Education’’ shall be $1,200,447,000, of which 

13 $1,196,047,000 shall become available on July 1, 2011, and 

14 shall remain available through September 30, 2012. 

15 SEC. 2835. (a) Notwithstanding section 1101, the level 

16 for ‘‘Department of Education, Student Financial Assist17 ance’’ shall be $24,963,809,000. 

18 (b) The maximum Pell Grant for which a student shall 

19 be eligible during award year 2011–2012 shall be $4,860. 

20 (c) Of the funds made available under section 

21 401A(e)(1)(E) of the Higher Education Act of 1965, 

22 $597,000,000 is rescinded. 

23 SEC. 2836. Notwithstanding sections 1101 and 1103, 

24 the level for ‘‘Department of Education, Student Aid Ad-
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1 ministration’’ shall be $994,000,000, which shall remain 

2 available through September 30, 2012. 

3 SEC. 2837. Notwithstanding section 1101, the level for 

4 ‘‘Department of Education, Higher Education’’ shall be 

5 $2,177,915,000. 

6 SEC. 2838. Of the amount provided by section 1101 

7 for ‘‘Department of Education, Institute of Education 

8 Sciences’’ and notwithstanding subsections (d) and (e) of 

9 section 174 the Education Sciences Reform Act of 2002, 

10 $69,650,000 may be used to continue the contracts for the 

11 Regional Educational Laboratories for one additional year. 

12 SEC. 2839. Notwithstanding section 1101, the level for 

13 ‘‘Department of Education, Departmental Management, 

14 Program Administration’’ shall be $465,000,000, of which 

15 up to $17,000,000 shall remain available until expended 

16 for relocation of, and renovation of buildings occupied by, 

17 Department staff. 

18 SEC. 2840. Notwithstanding section 1101, the level for 

19 ‘‘Corporation for National and Community Service, Na20 tional Service Trust’’ shall be $217,000,000. 

21 SEC. 2841. Notwithstanding section 1101, the level for 

22 ‘‘Corporation for Public Broadcasting’’ for fiscal year 2011 

23 shall be $36,000,000 and shall not be available for fiscal 

24 stabilization grants and the public radio interconnection 

25 system. 
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1 SEC. 2842. Notwithstanding section 1101, the level for 

2 ‘‘Federal Mine Safety and Health Review Commission, Sal3 aries and Expenses’’ shall be $15,706,000. 

4 SEC. 2843. Notwithstanding section 1101, the level for 

5 ‘‘Institute of Museum and Library Services, Office of Mu6 seum and Library Services: Grants and Administration’’ 

7 shall be $265,869,000. 

8 SEC. 2844. Notwithstanding section 1101, the level for 

9 ‘‘Medicare Payment Advisory Commission, Salaries and 

10 Expenses’’ shall be $12,850,000. 

11 SEC. 2845. Notwithstanding section 1101, the level for 

12 ‘‘Railroad Retirement Board, Dual Benefits Payments Ac13 count’’ shall be $57,000,000. 

14 SEC. 2846. (a) Notwithstanding section 1101, the level 

15 for ‘‘Social Security Administration, Payments to Social 

16 Security Trust Funds’’ shall be $21,404,000, and in addi17 tion may be used to carry out section 217(g) of the Social 

18 Security Act. 

19 (b) Notwithstanding section 1101, the level for the first 

20 paragraph under the heading ‘‘Social Security Administra21 tion, Limitation on Administrative Expenses’’ shall be 

22 $11,240,500,000. 

23 (c) Notwithstanding section 1101, the level for the first 

24 paragraph under the heading ‘‘Social Security Administra25 tion, Supplemental Security Income Program’’ shall be 
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1 $40,320,200,000, of which $3,587,200,000 shall be for ad2 ministrative expenses. 

3 (d) Upon enactment of this Act, up to $325,000,000 

4 of the remaining unobligated balances of funds appro5 priated for ‘‘Social Security Administration, Limitation on 

6 Administrative Expenses’’ for fiscal years 2010 and prior 

7 years (other than funds appropriated in Public Law 111– 

8 5) shall be made part of and merged with other funds in 

9 such account available without fiscal year limitation for in10 vestment in information technology and telecommuni11 cations hardware and software infrastructure, and of such 

12 funds available without fiscal year limitation for invest13 ment in information technology and telecommunications 

14 hardware and software infrastructure $325,000,000 is re15 scinded. 

16 SEC. 2847. Section 6402(f)(3)(C) of the Internal Rev17 enue Code of 1986, as amended by section 801(a)(3)(C) of 

18 the Claims Resolution Act of 2010, is further amended by 

19 striking the word ‘‘not’’. 

20 CHAPTER 9—LEGISLATIVE BRANCH 

21 SEC. 2901. Notwithstanding section 1101, the level for 

22 each of the following accounts of the Senate shall be as fol23 lows: ‘‘Salaries, Officers and Employees’’, $185,982,000; 

24 ‘‘Salaries, Officers and Employees, Office of the Sergeant 

25 at Arms and Doorkeeper’’, $77,000,000; ‘‘Contingent Ex-
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1 penses of the Senate, Secretary of the Senate’’, $6,200,000; 

2 and ‘‘Contingent Expenses of the Senate, Sergeant at Arms 

3 and Doorkeeper of the Senate’’, $142,401,000. 

4 SEC. 2902. Section 8 of the Legislative Branch Appro5 priations Act, 1990 (31 U.S.C. 1535 note) is amended by 

6 striking paragraph (3) and inserting the following: ‘‘(3) 

7 Agreement under paragraph (1) shall be in accordance with 

8 regulations prescribed by the Committee on Rules and Ad9 ministration of the Senate.’’. 

10 SEC. 2903. Notwithstanding section 1101, the level for 

11 ‘‘House of Representatives, Salaries and Expenses’’ shall be 

12 $1,371,172,000, to be allocated in accordance with an allo13 cation plan submitted by the Chief Administrative Officer 

14 of the House of Representatives and approved by the Com15 mittee on Appropriations of the House of Representatives. 

16 SEC. 2904. Notwithstanding section 1101, the level for 

17 each of the following accounts of the Capitol Police shall 

18 be as follows: ‘‘Salaries’’, $279,224,000, of which $1,945,000 

19 shall remain available until September 30, 2014; and ‘‘Gen20 eral Expenses’’, $57,985,000. 

21 SEC. 2905. (a) Notwithstanding section 1018(d) of the 

22 Legislative Branch Appropriations Act, 2003 (2 U.S.C. 

23 1907(d)), the use of any funds appropriated to the United 

24 States Capitol Police during fiscal year 2003 for transfer 

25 relating to the Truck Interdiction Monitoring Program to 
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1 the working capital fund established under section 328 of 

2 title 49, United States Code, is ratified. 

3 (b) Nothing in subsection (a) may be construed to 

4 waive sections 1341, 1342, 1349, 1350, or 1351 of title 31, 

5 United States Code, or subchapter II of chapter 15 of such 

6 title (commonly known as the ‘‘Anti-Deficiency Act’’). 

7 SEC. 2906. Notwithstanding section 1101, the level for 

8 ‘‘Congressional Budget Office, Salaries and Expenses’’ shall 

9 be $46,905,000. 

10 SEC. 2907. Notwithstanding section 1101, the level for 

11 each of the following accounts of the Architect of the Capitol 

12 shall be as follows: ‘‘General Administration’’, 

13 $109,294,000, of which $7,499,000 shall remain available 

14 until September 30, 2015; ‘‘Capitol Building’’, $54,616,000, 

15 of which $27,226,000 shall remain available until Sep16 tember 30, 2015; ‘‘Capitol Grounds’’, $9,988,000; ‘‘Senate 

17 Office Buildings’’, $81,112,000, of which $19,474,000 shall 

18 remain available until September 30, 2015; ‘‘House Office 

19 Buildings’’, $75,619,000, of which $25,323,000 shall remain 

20 available until September 30, 2015; ‘‘Capitol Power Plant’’, 

21 $109,069,000, of which $15,100,000 shall remain available 

22 until September 30, 2015; ‘‘Library Buildings and 

23 Grounds’’, $44,396,000, of which $17,457,000 shall remain 

24 available until September 30, 2015; ‘‘Capitol Police Build25 ings, Grounds and Security’’, $26,266,000, of which 
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1 $6,436,000 shall remain available until September 30, 

2 2015; ‘‘Botanic Garden’’, $13,834,000, of which $1,505,000 

3 shall remain available until September 30, 2015; and ‘‘Cap4 itol Visitor Center’’, $22,771,000. In addition, notwith5 standing section 1101, $40,000,000, to remain available 

6 until expended, shall be available under ‘‘Architect of the 

7 Capitol, House Office Buildings’’ for a payment to the 

8 House Historic Buildings Revitalization Trust Fund. 

9 SEC. 2908. (a) Notwithstanding section 1101, the level 

10 for ‘‘Government Accountability Office, Salaries and Ex11 penses’’ shall be $558,430,000. 

12 (b) Notwithstanding section 1101, the amount applica13 ble under the first proviso under the heading ‘‘Government 

14 Accountability Office, Salaries and Expenses’’ in the Legis15 lative Branch Appropriations Act, 2010 (Public Law 111– 

16 68) shall be $9,400,000, the amount applicable under the 

17 second proviso under such heading shall be $3,100,000, and 

18 the amount applicable under the third proviso under such 

19 heading shall be $7,000,000. 

20 CHAPTER 10—MILITARY CONSTRUCTION, 

21 VETERANS AFFAIRS, AND RELATED AGENCIES 

22 SEC. 3001. Notwithstanding section 1101, the level for 

23 each of the following accounts of the Department of Defense 

24 for projects and activities included in the most recently sub25 mitted future years defense program or that are necessary 
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1 to support overseas contingency operations shall be as fol2 lows: ‘‘Military Construction, Army’’, $4,885,000,000; 

3 ‘‘Military Construction, Navy and Marine Corps’’, 

4 $3,517,000,000; ‘‘Military Construction, Air Force’’, 

5 $1,592,000,000; ‘‘Military Construction, Defense-Wide’’, 

6 $3,095,000,000; ‘‘Military Construction, Army National 

7 Guard’’, $874,000,000; ‘‘Military Construction, Air Na8 tional Guard’’, $177,000,000; ‘‘Military Construction, 

9 Army Reserve’’, $318,000,000; ‘‘Military Construction, 

10 Navy Reserve’’, $62,000,000; ‘‘Military Construction, Air 

11 Force Reserve’’, $8,000,000; ‘‘Family Housing Construc12 tion, Army’’, $92,000,000; ‘‘Family Housing Construction, 

13 Navy and Marine Corps’’, $186,000,000; ‘‘Family Housing 

14 Construction, Air Force’’, $78,000,000; and ‘‘Family Hous15 ing Construction, Defense-Wide’’, $0. Within 45 days of the 

16 enactment of this section, the Department of Defense shall 

17 submit a project-level expenditure plan for fiscal year 2011 

18 for the accounts funded in this section. 

19 SEC. 3002. Notwithstanding section 1111, of the total 

20 amount specified in section 3001 for ‘‘Military Construc21 tion, Army’’, ‘‘Military Construction, Air Force’’, and 

22 ‘‘Military Construction, Defense-Wide’’, $1,257,000,000 for 

23 Overseas Deployments and Other Activities is designated as 

24 an emergency requirement and necessary to meet emergency 

25 needs pursuant to sections 403(a) and 423(b) of S. Con. 
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1 Res. 13 (111th Congress), the concurrent resolution on the 

2 budget for fiscal year 2010. 

3 SEC. 3003. Notwithstanding section 1101, the level for 

4 each of the following accounts of the Department of Defense 

5 for projects and activities authorized by law shall be as fol6 lows: ‘‘North Atlantic Treaty Organization Security Invest7 ment Program’’, $259,000,000; ‘‘Homeowners Assistance 

8 Fund’’, $17,000,000; ‘‘Chemical Demilitarization Construc9 tion, Defense-Wide’’, $125,000,000; ‘‘Department of Defense 

10 Base Closure Account 1990’’, $360,000,000; and ‘‘Depart11 ment of Defense Base Closure Account 2005’’, 

12 $2,354,000,000. 

13 SEC. 3004. Notwithstanding any other provision of 

14 this Act, the following provisions included in title I of divi15 sion E of Public Law 111–117 shall not apply to funds 

16 appropriated by this Act: the first, second, and last pro17 visos, and the set-aside of $350,000,000, under the heading 

18 ‘‘Military Construction, Army’’; the first and last provisos 

19 under the heading ‘‘Military Construction, Navy and Ma20 rine Corps’’; the first, second, and last provisos under the 

21 heading ‘‘Military Construction, Air Force’’; the second, 

22 third, fourth, and last provisos under the heading ‘‘Military 

23 Construction, Defense-Wide’’; the first, second, and last pro24 visos, and the set-aside of $30,000,000, under the heading 

25 ‘‘Military Construction, Army National Guard’’; the first, 
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1 second, and last provisos, and the set-aside of $30,000,000, 

2 under the heading ‘‘Military Construction, Air National 

3 Guard’’; the first, second, and last provisos, and the set4 aside of $30,000,000, under the heading ‘‘Military Con5 struction, Army Reserve’’; the first, second, and last pro6 visos, the set-aside of $20,000,000, and the set-aside of 

7 $35,000,000, under the heading ‘‘Military Construction, 

8 Navy Reserve’’; the first, second, and last provisos, and the 

9 set-aside of $55,000,000, under the heading ‘‘Military Con10 struction, Air Force Reserve’’; the proviso under the heading 

11 ‘‘Family Housing Construction, Army’’; the proviso under 

12 the heading ‘‘Family Housing Construction, Navy and Ma13 rine Corps’’; the proviso under the heading ‘‘Family Hous14 ing Construction, Air Force’’; the proviso under the heading 

15 ‘‘Family Housing Construction, Defense-Wide’’; and the 

16 proviso under the heading ‘‘Chemical Demilitarization 

17 Construction, Defense-Wide’’. 

18 SEC. 3005. Section 129 of division E of Public Law 

19 111–117 shall not apply in fiscal year 2011. 

20 SEC. 3006. Notwithstanding any other provision of 

21 this Act, the following provisions included in title IV of di22 vision E of Public Law 111–117 shall not apply to funds 

23 appropriated by this Act: the proviso under ‘‘Military Con24 struction, Army’’; and the proviso under ‘‘Military Con25 struction, Air Force’’. 
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1 SEC. 3007. Notwithstanding any other provision of 

2 law, funds made available to the Department of Defense by 

3 this chapter may be obligated and expended to carry out 

4 planning and design and military construction projects not 

5 otherwise authorized by law. 

6 SEC. 3008. Notwithstanding any other provision of 

7 law, funds made available to ‘‘North Atlantic Treaty Orga8 nization Security Investment Program’’ by this chapter 

9 may be obligated and expended for purposes of section 2806 

10 of title 10, United States Code, and sections 2501 and 2502 

11 of the National Defense Authorization Act for Fiscal Year 

12 2010 (Public Law 111–84). 

13 SEC. 3009. Notwithstanding section 1101, the level for 

14 ‘‘Department of Veterans Affairs, Departmental Adminis15 tration, General Operating Expenses’’ shall be 

16 $2,546,276,000, of which not less than $2,148,776,000 shall 

17 be for the Veterans Benefits Administration. 

18 SEC. 3010. Notwithstanding section 1101, the level for 

19 ‘‘Department of Veterans Affairs, Departmental Adminis20 tration, Information Technology Systems’’ shall be 

21 $3,162,501,000. 

22 SEC. 3011. Notwithstanding section 1101, the level for 

23 ‘‘Department of Veterans Affairs, Departmental Adminis24 tration, Construction, Major Projects’’ shall be 

25 $1,151,036,000. Within 30 days of the enactment of this sec-
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1 tion, the Department shall submit to the Committees on Ap2 propriations of the House of Representatives and the Senate 

3 a spending plan for fiscal year 2011 at a level of detail 

4 below the account level. 

5 SEC. 3012. Notwithstanding section 1101, the level for 

6 ‘‘Department of Veterans Affairs, Departmental Adminis7 tration, Construction, Minor Projects’’ shall be 

8 $467,700,000. 

9 SEC. 3013. Notwithstanding section 1101, the level for 

10 ‘‘Department of Veterans Affairs, Departmental Adminis11 tration, Grants for Construction of State Extended Care 

12 Facilities’’ shall be $85,000,000. 

13 SEC. 3014. Notwithstanding any other provision in 

14 this Act, sections 230, 231, and 232 of division E of Public 

15 Law 111–117 shall not apply in fiscal year 2011. 

16 SEC. 3015. Notwithstanding section 1101, the level for 

17 ‘‘Department of Defense—Civil, Cemeterial Expenses, 

18 Army, Salaries and Expenses’’, shall be $50,340,000. 

19 SEC. 3016. Notwithstanding section 1101, the level for 

20 ‘‘Armed Forces Retirement Home, Trust Fund’’, shall be 

21 $71,200,000, of which $2,000,000 shall be for renovation of 

22 physical plants. 

23 SEC. 3017. (a) Of the funds appropriated in division 

24 E of Public Law 111–117, the following amounts which be25 came available on October 1, 2010, are hereby rescinded 
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1 from the following accounts of the Department of Veterans 

2 Affairs in the amounts specified: ‘‘Medical services’’, 

3 $1,015,000,000; ‘‘Medical support and compliance’’, 

4 $145,000,000; and ‘‘Medical facilities’’, $145,000,000. 

5 (b) An additional amount is appropriated to the fol6 lowing accounts of the Department of Veterans Affairs in 

7 the amounts specified, to remain available until September 

8 30, 2012: ‘‘Medical services’’, $1,015,000,000; ‘‘Medical sup9 port and compliance’’, $145,000,000; and ‘‘Medical facili10 ties’’, $145,000,000. 

11 SEC. 3018. Amounts provided to the Department of 

12 Veterans Affairs for ‘‘Medical services’’, ‘‘Medical support 

13 and compliance’’, ‘‘Medical facilities’’, ‘‘Construction, 

14 minor projects’’, and ‘‘Information technology systems’’ for 

15 fiscal year 2011 shall be available, through the date speci16 fied by section 1106 of this Act: (1) for transfer to the Joint 

17 Department of Defense-Department of Veterans Affairs 

18 Medical Facility Demonstration Fund, established by sec19 tion 1704 of Public Law 111–84, and (2) for operations 

20 of the integrated Captain James A. Lovell Federal Health 

21 Care Center, consisting of the North Chicago Veteran Af22 fairs Medical Center, and Navy Ambulatory Care Center, 

23 and supporting facilities designated as a combined Federal 

24 medical facility as described by section 706 of Public Law 

25 110–417. 
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1 SEC. 3019. Such sums as may be deposited to the Med2 ical Care Collections Fund pursuant to section 1729A of 

3 title 38, United States Code, for health care provided at 

4 the Captain James A. Lovell Federal Health Care Center 

5 shall also be available: (1) for transfer to the Joint Depart6 ment of Defense-Department of Veterans Affairs Medical 

7 Facility Demonstration Fund, established by section 1704 

8 of Public Law 111–84, and (2) for operations of the inte9 grated Captain James A. Lovell Federal Health Care Cen10 ter, consisting of the North Chicago Veteran Affairs Medical 

11 Center and Navy Ambulatory Care Center, and supporting 

12 facilities designated as a combined Federal medical facility 

13 as described by section 706 of Public Law 110–417. 

14 CHAPTER 11—STATE, FOREIGN OPERATIONS, 

15 AND RELATED PROGRAMS 

16 SEC. 3101. For purposes of this chapter, the term ‘‘di17 vision F of Public Law 111–117’’ means the Department 

18 of State, Foreign Operations, and Related Programs Appro19 priations Act, 2010 (division F of Public Law 111–117). 

20 SEC. 3102. Notwithstanding section 1101, the level for 

21 each of the following accounts shall be as follows: ‘‘Adminis22 tration of Foreign Affairs, Diplomatic and Consular Pro23 grams’’, $8,971,529,000; ‘‘Administration of Foreign Af24 fairs, Civilian Stabilization Initiative’’, $35,000,000; 

25 ‘‘International Organizations, Contributions to Inter-
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1 national Organizations’’, $1,575,430,000; ‘‘International 

2 Organizations, Contributions for International Peace3 keeping Activities’’, $2,105,000,000; ‘‘International Com4 missions, International Boundary and Water Commission, 

5 United States and Mexico, Construction’’, $26,900,000; 

6 ‘‘International Commissions, International Fisheries Com7 missions’’, $51,000,000; ‘‘Related Agency, Broadcasting 

8 Board of Governors, Broadcasting Capital Improvements’’, 

9 $6,875,000; ‘‘Related Programs, United States Institute of 

10 Peace’’, $44,050,000, which shall not be used for construc11 tion activities; ‘‘United States Agency for International De12 velopment, Funds Appropriated to the President, Civilian 

13 Stabilization Initiative’’, $15,000,000; ‘‘United States 

14 Agency for International Development, Funds Appro15 priated to the President, Capital Investment Fund’’, 

16 $173,000,000; ‘‘Bilateral Economic Assistance, Funds Ap17 propriated to the President, International Fund for Ire18 land’’, $15,000,000; ‘‘Bilateral Economic Assistance, Funds 

19 Appropriated to the President, Democracy Fund’’, 

20 $115,000,000, of which $68,500,000 shall be made available 

21 for the Human Rights and Democracy Fund of the Bureau 

22 of Democracy, Human Rights and Labor, Department of 

23 State, and $46,500,000 shall be made available for the Of24 fice of Democracy and Governance of the Bureau for Democ25 racy, Conflict, and Humanitarian Assistance, United 
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1 States Agency for International Development; ‘‘Bilateral 

2 Economic Assistance, Funds Appropriated to the President, 

3 Assistance for Europe, Eurasia and Central Asia’’, 

4 $709,000,000; ‘‘Bilateral Economic Assistance, Department 

5 of the Treasury, Debt Restructuring’’, $56,000,000; ‘‘Multi6 lateral Assistance, Funds Appropriated to the President, 

7 International Development Association’’, $1,235,000,000; 

8 ‘‘Multilateral Assistance, Funds Appropriated to the Presi9 dent, Contribution to the Inter-American Development 

10 Bank’’, $21,000,000; ‘‘Multilateral Assistance, Funds Ap11 propriated to the President, Contribution to the African De12 velopment Fund’’, $150,000,000; ‘‘International Security 

13 Assistance, Department of State, Nonproliferation, Anti14 terrorism, Demining and Related Programs’’, 

15 $740,000,000; ‘‘International Security Assistance, Depart16 ment of State, Peacekeeping Operations’’, $305,000,000; 

17 ‘‘International Security Assistance, Funds Appropriated to 

18 the President, International Military Education and 

19 Training’’, $107,000,000; ‘‘International Security Assist20 ance, Funds Appropriated to the President, Pakistan Coun21 terinsurgency Capability Fund’’, $700,000,000, which shall 

22 remain available until September 30, 2012, and shall be 

23 available to the Secretary of State under the terms and con24 ditions provided for this Fund in Public Law 111–32 and 

25 Public Law 111–212; and ‘‘International Security Assist-
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1 ance, Funds Appropriated to the President, Foreign Mili2 tary Financing Program’’, $5,440,000,000, of which not less 

3 than $3,000,000,000 shall be available for grants only for 

4 Israel and $1,300,000,000 shall be available for grants only 

5 for Egypt and $300,000,000 shall be available for assistance 

6 for Jordan: Provided, That the dollar amount in the fourth 

7 proviso under the heading ‘‘International Security Assist8 ance, Funds Appropriated to the President, Foreign Mili9 tary Financing Program’’ in division F of Public Law 

10 111–117 shall be deemed to be $789,000,000 for the purpose 

11 of applying funds appropriated under such heading by this 

12 Act. 

13 SEC. 3103. Notwithstanding section 1101, the dollar 

14 amount in the seventh proviso under the heading ‘‘Bilateral 

15 Economic Assistance, Funds Appropriated to the President, 

16 Economic Support Fund’’ in division F of Public Law 

17 111–117 shall be deemed to be $200,000,000 for the purpose 

18 of applying funds appropriated under such heading by this 

19 Act: Provided, That the ninth through the fourteenth pro20 visos under the heading ‘‘Bilateral Economic Assistance, 

21 Funds Appropriated to the President, Economic Support 

22 Fund’’ in division F of Public Law 111–117 shall not apply 

23 to assistance for Afghanistan under this Act: Provided fur24 ther, That the dollar amount in section 7042(f)(1) in divi-
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1 sion F of Public Law 111–117 shall be deemed to be 

2 $550,400,000. 

3 SEC. 3104. Notwithstanding section 1101, the level for 

4 each of the following accounts shall be $0: ‘‘Administration 

5 of Foreign Affairs, Buying Power Maintenance Account’’ 

6 and ‘‘Multilateral Assistance, Funds Appropriated to the 

7 President, Contribution to the Asian Development Fund’’. 

8 SEC. 3105. (a) In addition to amounts otherwise made 

9 available in this Act, $12,000,000 is appropriated for ‘‘Bi10 lateral Economic Assistance, Funds Appropriated to the 

11 President, Economic Support Fund’’ for activities specified 

12 in section 7071(j) of division F of Public Law 111–117. 

13 (b) For purposes of the amount made available by this 

14 Act for ‘‘Export-Import Bank of the United States, Admin15 istrative Expenses’’, project specific transaction costs, in16 cluding direct and indirect costs incurred in claims settle17 ments, and other costs for systems infrastructure directly 

18 supporting transactions, shall not be considered adminis19 trative expenses. 

20 (c) Of the unobligated balances available from funds 

21 appropriated under the heading ‘‘Export and Investment 

22 Assistance, Export-Import Bank of the United States, Sub23 sidy Appropriation’’ in the Department of State, Foreign 

24 Operations, and Related Programs Appropriations Act, 

25 2009 (division H, Public Law 111–8) and under such head-
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1 ing in prior Acts making appropriations for the Depart2 ment of State, foreign operations, and related programs, 

3 $160,000,000 is rescinded. 

4 SEC. 3106. (a) Notwithstanding any other provision 

5 of this Act, the dollar amounts under paragraphs (1) 

6 through (4) under the heading ‘‘Administration of Foreign 

7 Affairs, Diplomatic and Consular Programs’’ in division 

8 F of Public Law 111–117 shall not apply to funds appro9 priated by this Act: Provided, That the dollar amounts to 

10 be derived from fees collected under paragraph (5)(A) under 

11 such heading shall be ‘‘$1,702,904’’ and ‘‘$505,000’’, respec12 tively. 

13 (b) Notwithstanding any other provision of this Act, 

14 the following provisions in division F of Public Law 111– 

15 117 shall not apply to funds appropriated by this Act: 

16 (1) Section 7034(l). 

17 (2) Section 7042(a), (b)(1), (c), and (d)(1). 

18 (3) In section 7045: 

19 (A) The first sentence of subsection (c). 

20 (B) The first sentence of subsection (e)(1). 

21 (C) The first sentence of subsection (f). 

22 (D) Subsection (h). 

23 (4) Section 7070(b). 
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1 (5) The third proviso under the heading ‘‘Ad2 ministration of Foreign Affairs, Civilian Stabiliza3 tion Initiative’’. 

4 (6) The fourth proviso under the heading ‘‘Bilat5 eral Economic Assistance, Funds Appropriated to the 

6 President, Assistance for Europe, Eurasia and Cen7 tral Asia’’. 

8 SEC. 3107. (a) Section 1115(d) of Public Law 111– 

9 32 is amended by striking ‘‘October 1, 2010’’ and inserting 

10 ‘‘October 1, 2011’’. 

11 (b) Section 824(g)(2)(A) of the Foreign Service Act of 

12 1980 (22 U.S.C. 4064(g)(2)(A)) is amended by striking 

13 ‘‘October 1, 2010’’ and inserting ‘‘October 1, 2011’’. 

14 (c) Section 61(a)(2) of the State Department Basic Au15 thorities Act of 1956 (22 U.S.C. 2733(a)(2)) is amended by 

16 striking ‘‘October 1, 2010’’ and inserting ‘‘October 1, 2011’’. 

17 (d) Section 625(j)(1)(B) of the Foreign Assistance Act 

18 of 1961 (22 U.S.C. 2385(j)(1)(B)) is amended by striking 

19 ‘‘October 1, 2010’’ and inserting ‘‘October 1, 2011’’. 

20 (e) Section 1(b)(2) of the Passport Act of June 4, 1920 

21 (22 U.S.C. 214(b)(2)) is amended by striking ‘‘September 

22 30, 2010’’ and inserting ‘‘September 30, 2011’’. 

23 (f) The authority provided by section 1334 of the For24 eign Affairs Reform and Restructuring Act of 1998 (22 
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1 U.S.C. 6553) shall remain in effect until September 30, 

2 2011. 

3 (g) Section 404(b)(2)(B)(vi) of the Foreign Relations 

4 Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

5 287e note) is amended by striking ‘‘calendar year 2010,’’ 

6 and inserting ‘‘calendar years 2010 and 2011,’’. 

7 (h) The Foreign Operations, Export Financing, and 

8 Related Programs Appropriations Act, 1990 (Public Law 

9 101–167) is amended— 

10 (1) in section 599D (8 U.S.C. 1157 note)— 

11 (A) in subsection (b)(3), by striking ‘‘and 

12 2010’’ and inserting ‘‘2010, and 2011’’; and 

13 (B) in subsection (e), by striking ‘‘2010’’ 

14 each place it appears and inserting ‘‘2011’’; and 

15 (2) in section 599E (8 U.S.C. 1255 note) in sub16 section (b)(2), by striking ‘‘2010’’ and inserting 

17 ‘‘2011’’. 

18 SEC. 3108. (a) The second proviso under the heading 

19 ‘‘International Security Assistance, Department of State, 

20 Peacekeeping Operations’’ in division F of Public Law 

21 111–117 shall be applied by substituting the following: 

22 ‘‘Provided further, That up to $55,918,000 may be used to 

23 pay assessed expenses of international peacekeeping activi24 ties in Somalia, except that up to an additional 

25 $35,000,000 may be made available for such purpose subject 
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1 to prior consultation with, and the regular notification pro2 cedures of, the Committees on Appropriations:’’. 

3 (b) Section 7034 of division F of Public Law 111–117 

4 shall be applied to funds appropriated by this Act by— 

5 (1) substituting $75,000,000 for the dollar 

6 amount in subsection (j); and 

7 (2) substituting $20,000,000 for the dollar 

8 amount in subsection (m)(5). 

9 (c) Section 7043 of division F of Public Law 111–117 

10 shall be applied to funds appropriated by this Act by sub11 stituting the following for subsection (b): 

12 ‘‘(b) LIMITATION.—None of the funds appropriated or 

13 otherwise made available in title VI of this Act under the 

14 heading ‘Export-Import Bank of the United States’ may be 

15 used by the Export-Import Bank of the United States to 

16 provide any new financing (including loans, guarantees, 

17 other credits, insurance, and reinsurance) to any person 

18 that is subject to sanctions under paragraph (2) or (3) of 

19 section 5(a) of the Iran Sanctions Act of 1996 (Public Law 

20 104–172).’’. 

21 (d) Section 7045(b) of division F of Public Law 111– 

22 117 shall be applied to funds appropriated by this Act by 

23 substituting the following for paragraph (2): 

24 ‘‘(2) Of the funds appropriated under the head25 ing ‘Debt Restructuring’ in this Act, up to 
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1 $36,000,000 may be made available for the United 

2 States share of an increase in the resources of the 

3 Fund for Special Operations of the Inter-American 

4 Development Bank in furtherance of providing debt 

5 relief to Haiti in view of the Cancun Declaration of 

6 March 21, 2010.’’. 

7 (e)(1) Section 7046(a) of division F of Public Law 

8 111–117 shall be applied to funds appropriated by this Act 

9 by substituting ‘‘$453,995,000’’ for the dollar amount. 

10 (2) The dollar amount in the sixteenth proviso under 

11 the heading ‘‘Bilateral Economic Assistance, Funds Appro12 priated to the President, Economic Support Fund’’ in divi13 sion F of Public Law 111–117 shall be deemed to be 

14 ‘‘$195,000,000’’. 

15 (3) The dollar amount in the seventh proviso of the 

16 first paragraph under the heading ‘‘International Security 

17 Assistance, Funds Appropriated to the President, Foreign 

18 Military Financing Program’’ in division F of Public Law 

19 111–117 shall be deemed to be ‘‘$44,500,000’’ for the pur20 pose of applying funds appropriated under such headings 

21 by this Act. 

22 (f) The second proviso of section 7081(d) of division 

23 F of Public Law 111–117 is amended to read as follows: 

24 ‘‘: Provided further, That funds appropriated under title 

25 III of this Act for tropical forest programs shall be used 
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1 for purposes including to implement and enforce section 

2 8204 of Public Law 110–246, shall not be used to support 

3 or promote the expansion of industrial scale logging into 

4 primary tropical forests, and shall be subject to prior con5 sultation with, and the regular notification procedures of, 

6 the Committees on Appropriations’’. 

7 SEC. 3109. (a) Subsections (b) through (e) of this sec8 tion shall apply to funds appropriated by this Act in lieu 

9 of section 7076 of division F of Public Law 111–117. 

10 (b) LIMITATION.—None of the funds appropriated or 

11 otherwise made available by this Act under the headings 

12 ‘‘Economic Support Fund’’ and ‘‘International Narcotics 

13 Control and Law Enforcement’’ may be obligated for assist14 ance for Afghanistan until the Secretary of State, in con15 sultation with the Administrator of the United States Agen16 cy for International Development (USAID), certifies and 

17 reports to the Committees on Appropriations that— 

18 (1) The Government of Afghanistan is— 

19 (A) demonstrating a commitment to reduce 

20 corruption and improve governance, including 

21 by investigating, prosecuting, sanctioning and/or 

22 removing corrupt officials from office and to im23 plement financial transparency and account24 ability measures for government institutions and 
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1 officials (including the Central Bank) as well as 

2 to conduct oversight of public resources; 

3 (B) taking significant steps to facilitate ac4 tive public participation in governance and 

5 oversight; and 

6 (C) taking credible steps to protect the 

7 internationally recognized human rights of Af8 ghan women. 

9 (2) There is a unified United States Government 

10 anti-corruption strategy for Afghanistan that is ade11 quately funded, and is being implemented in conjunc12 tion with relevant Afghan authorities. 

13 (3) Funds will be programmed to support and 

14 strengthen the capacity of Afghan public and private 

15 institutions and entities to reduce corruption and to 

16 improve transparency and accountability of national, 

17 provincial and local governments, such as— 

18 (A) the High Office of Oversight; 

19 (B) the Control and Audit Office; 

20 (C) the Afghan Criminal Justice Task 

21 Force; 

22 (D) the Afghan Judicial Security Unit; 

23 (E) the Anti-Corruption Tribunal, and the 

24 Attorney General’s Anti-Corruption Unit; 
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1 (F) the training and mentoring of judicial 

2 personnel; 

3 (G) the training and mentoring of Afghan 

4 Government personnel in financial management, 

5 budgeting, and independent oversight of public 

6 funds; and 

7 (H) Afghan civil society organizations and 

8 media institutions that play an important role 

9 in government oversight. 

10 (4) Representatives of Afghan national, provin11 cial or local governments, local communities and civil 

12 society organizations, as appropriate, will be con13 sulted and participate in the design of programs, 

14 projects, and activities, including participation in 

15 implementation and oversight, and the development of 

16 specific benchmarks to measure progress and out17 comes. 

18 (5) Funds will be used to train and deploy addi19 tional United States Government direct-hire per20 sonnel to improve monitoring and control of assist21 ance to ensure that funds are used for the intended 

22 purpose and do not support illicit and/or corrupt ac23 tivities. 

24 (6) A framework and methodology is being uti25 lized to assess national, provincial, local and sector 
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1 level fiduciary risks relating to public financial man2 agement of United States Government assistance. 

3 (c) DIRECT GOVERNMENT-TO-GOVERNMENT ASSIST4 ANCE.— 

5 (1) Funds appropriated or otherwise made avail6 able by this Act for assistance for Afghanistan may 

7 not be made available for direct government-to-gov8 ernment assistance unless the Secretary of State cer9 tifies to the Committees on Appropriations that the 

10 relevant Afghan implementing agency has been as11 sessed and considered qualified to manage such funds 

12 and the Government of the United States and the 

13 Government of Afghanistan have agreed, in writing, 

14 to clear and achievable goals and objectives for the use 

15 of such funds, and have established mechanisms with16 in each implementing agency to ensure that such 

17 funds are used for the purposes for which they were 

18 intended: Provided, That the Secretary of State 

19 should suspend any direct government-to-government 

20 assistance to an implementing agency if the Secretary 

21 has credible information of misuse of such funds by 

22 any such agency: Provided further, That any such as23 sistance shall be subject to prior consultation with, 

24 and the regular notification procedures of, the Com25 mittees on Appropriations. 
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1 (2) Funds appropriated or otherwise made avail2 able by this Act for assistance for Afghanistan may 

3 be made available as a United States contribution to 

4 the Afghanistan Reconstruction Trust Fund (ARTF) 

5 unless the Secretary of State determines and reports 

6 to the Committees on Appropriations that the World 

7 Bank Monitoring Agent of the ARTF is unable to 

8 conduct its financial control and audit responsibil9 ities due to restrictions on security personnel by the 

10 Government of Afghanistan. 

11 (d) ASSISTANCE FOR OPERATIONS.— 

12 (1) Funds appropriated under the headings 

13 ‘‘Economic Support Fund’’ and ‘‘International Nar14 cotics Control and Law Enforcement’’ in this Act that 

15 are available for assistance for Afghanistan— 

16 (A) shall be made available, to the max17 imum extent practicable, in a manner that em18 phasizes the participation of Afghan women, and 

19 directly improves the security, economic and so20 cial well-being, and political status, and protects 

21 the rights of, Afghan women and girls and com22 plies with sections 7062 and 7063 of division F 

23 of Public Law 111–117, including support for 

24 the Afghan Independent Human Rights Commis-
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1 sion, the Afghan Ministry of Women’s Affairs, 

2 and women-led nongovernmental organizations; 

3 (B) may be made available for a United 

4 States contribution to an internationally-man5 aged fund to support the reconciliation with and 

6 disarmament, demobilization and reintegration 

7 into Afghan society of former combatants who 

8 have renounced violence against the Government 

9 of Afghanistan: Provided, That funds may be 

10 made available to support reconciliation and re11 integration activities only if— 

12 (i) Afghan women are participating at 

13 national, provincial and local levels of gov14 ernment in the design, policy formulation 

15 and implementation of the reconciliation or 

16 reintegration process, and such process up17 holds steps taken by the Government of Af18 ghanistan to protect the internationally rec19 ognized human rights of Afghan women; 

20 and 

21 (ii) such funds will not be used to sup22 port any pardon or immunity from pros23 ecution, or any position in the Government 

24 of Afghanistan or security forces, for any 

25 leader of an armed group responsible for 
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1 crimes against humanity, war crimes, or 

2 other violations of internationally recog3 nized human rights. 

4 (C) may be made available for a United 

5 States contribution to the North Atlantic Treaty 

6 Organization/International Security Assistance 

7 Force Post-Operations Humanitarian Relief 

8 Fund; and 

9 (D) should be made available, notwith10 standing any provision of law that restricts as11 sistance to foreign countries, for cross border sta12 bilization and development programs between Af13 ghanistan and Pakistan or between either coun14 try and the Central Asian republics. 

15 (2) Programs and activities funded under titles 

16 III and IV of this Act that provide training for for17 eign police, judicial, and military personnel shall ad18 dress, where appropriate, gender-based violence. 

19 (3) The authority contained in section 1102(c) of 

20 Public Law 111–32 shall continue in effect during fis21 cal year 2011 and shall apply as if included in this 

22 Act. 

23 (4) The Coordinator for Rule of Law at the 

24 United States Embassy in Kabul, Afghanistan shall 
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1 be consulted on the use of all funds appropriated by 

2 this Act for rule of law programs in Afghanistan. 

3 (5) None of the funds made available by this Act 

4 may be used by the United States Government to 

5 enter into a permanent basing rights agreement be6 tween the United States and Afghanistan. 

7 (6) The Secretary of State, after consultation 

8 with the USAID Administrator, shall submit to the 

9 Committees on Appropriations not later than 45 days 

10 after enactment of this Act, and prior to the initial 

11 obligation of funds, a detailed spending plan for as12 sistance for Afghanistan which shall include clear and 

13 achievable goals, benchmarks for measuring progress, 

14 and expected results: Provided, That such plan shall 

15 not be considered as meeting the notification require16 ments under section 7015 of division F of Public Law 

17 111–117 or under section 634A of the Foreign Assist18 ance Act of 1961. 

19 (7) Any significant modification to the scope, ob20 jectives, or implementation mechanisms of United 

21 States assistance programs in Afghanistan shall be 

22 subject to prior consultation with, and the regular no23 tification procedures of, the Committees on Appro24 priations, except that the prior consultation require-
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1 ment may be waived in a manner consistent with sec2 tion 7015(e) of division F of Public Law 111–117. 

3 (e) OVERSIGHT.— 

4 (1) The Special Inspector General for Afghani5 stan Reconstruction, the Inspector General of the De6 partment of State and the Inspector General of 

7 USAID, shall jointly develop and submit to the Com8 mittees on Appropriations within 45 days of enact9 ment of this Act a coordinated audit and inspection 

10 plan of United States assistance for, and civilian op11 erations in, Afghanistan. 

12 (2) Of the funds appropriated in this Act under 

13 the heading ‘‘Economic Support Fund’’ for assistance 

14 for Afghanistan, $3,000,000 shall be transferred to, 

15 and merged with, funds made available under the 

16 heading ‘‘Office of Inspector General’’ in title I of this 

17 Act, for increased oversight of programs in Afghani18 stan and shall be in addition to funds otherwise 

19 available for such purposes: Provided, That 

20 $1,500,000 shall be for the Special Inspector General 

21 for Afghanistan Reconstruction. 

22 (3) Of the funds appropriated in this Act under 

23 the heading ‘‘Economic Support Fund’’ for assistance 

24 for Afghanistan, $1,500,000 shall be transferred to, 

25 and merged with, funds appropriated under the head-
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1 ing ‘‘Office of Inspector General’’ in title II of this 

2 Act for increased oversight of programs in Afghani3 stan and shall be in addition to funds otherwise 

4 available for such purposes. 

5 (f) MODIFICATION TO PRIOR PROVISIONS.— 

6 (1) Section 1004(c)(1)(C) of Public Law 111– 

7 212 is amended to read as follows: 

8 ‘‘(C) taking credible steps to protect the inter9 nationally recognized human rights of Afghan 

10 women.’’. 

11 (2) Section 1004(d)(l) of Public Law 111–212 is 

12 amended to read as follows: 

13 ‘‘(1) Afghan women are participating at na14 tional, provincial and local levels of government in 

15 the design, policy formulation and implementation of 

16 the reconciliation or reintegration process, and such 

17 process upholds steps taken by the Government of Af18 ghanistan to protect the internationally recognized 

19 human rights of Afghan women; and’’. 

20 (3) Section 1004(e)(1) of Public Law 111–212 is 

21 amended to read as follows: 

22 ‘‘(1) based on information available to the Sec23 retary, the Independent Electoral Commission has no 

24 members or other employees who participated in, or 

25 helped to cover up, acts of fraud in the 2009 presi-
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1 dential election in Afghanistan, and the Electoral 

2 Complaints Commission is a genuinely independent 

3 body with all the authorities that were invested in it 

4 under Afghan law as of December 31, 2009; and’’. 

5 SEC. 3110. In addition to amounts otherwise made 

6 available by this Act, $100,000,000, to remain available 

7 until expended, is appropriated for payment as a contribu8 tion to a global food security fund by the Secretary of the 

9 Treasury. 

10 SEC. 3111. (a) CONTRIBUTION TO THE ASIAN DEVEL11 OPMENT BANK.—In addition to amounts otherwise made 

12 available by this Act, $106,586,000, to remain available 

13 until expended, is appropriated for payment to the Asian 

14 Development Bank by the Secretary of the Treasury for the 

15 United States share of the paid-in portion of the increase 

16 in capital stock. 

17 (b) LIMITATION ON CALLABLE CAPITAL SUBSCRIP18 TIONS.—The United States Governor of the Asian Develop19 ment Bank may subscribe without fiscal year limitation to 

20 the callable capital portion of the United States share of 

21 such capital stock in an amount not to exceed 

22 $2,558,048,769. 

23 (c) AMENDMENT.—The Asian Development Bank Act 

24 (22 U.S.C. 285 et seq.), is amended by adding at the end 

25 the following: 
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1 ‘‘NINTH REPLENISHMENT

2 ‘‘SEC. 33. (a) The United States Governor of the Bank 

3 is authorized to contribute, on behalf of the United States, 

4 $461,000,000 to the ninth replenishment of the resources of 

5 the Fund, subject to obtaining the necessary appropriations. 

6 ‘‘(b) In order to pay for the United States contribution 

7 provided for in subsection (a), there are authorized to be 

8 appropriated, without fiscal year limitation, $461,000,000 

9 for payment by the Secretary of the Treasury. 

10 ‘‘FIFTH CAPITAL INCREASE

11 ‘‘SEC. 34. (a) Subscription Authorized. 

12 ‘‘(1) The United States Governor of the Bank 

13 may subscribe on behalf of the United States to 

14 1,104,420 additional shares of the capital stock of the 

15 Bank. 

16 ‘‘(2) Any subscription by the United States to 

17 capital stock of the Bank shall be effective only to 

18 such extent or in such amounts as are provided in ad19 vance in appropriations Acts. 

20 ‘‘(b) Authorization of Appropriations— 

21 ‘‘(1) In order to pay for the increase in the 

22 United States subscription to the Bank provided for 

23 in subsection (a), there are authorized to be appro24 priated, without fiscal year limitation, 

25 $13,323,173,083, for payment by the Secretary of the 

26 Treasury. 
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1 ‘‘(2) Of the amount authorized to be appro2 priated under paragraph (1)— 

3 ‘‘(A) $532,929,240 is authorized to be ap4 propriated for paid in shares of the Bank; and 

5 ‘‘(B) $12,790,243,843 is authorized to be 

6 appropriated for callable shares of the Bank, for 

7 payment by the Secretary of the Treasury.’’. 

8 CHAPTER 12—TRANSPORTATION, AND HOUSING 

9 AND URBAN DEVELOPMENT, AND RELATED 

10 AGENCIES 

11 SEC. 3201. Notwithstanding section 1101, the level for 

12 ‘‘Department of Transportation, Federal Aviation Admin13 istration, Operations’’ shall be $9,542,983,000, of which 

14 $4,559,000,000 shall be derived from the Airport and Air15 way Trust Fund, of which no less than $7,473,299,000 shall 

16 be for air traffic organization activities; no less than 

17 $1,253,020,000 shall be for aviation regulation and certifi18 cation activities; not to exceed $15,237,000 shall be avail19 able for commercial space transportation activities; not to 

20 exceed $113,681,000 shall be available for financial services 

21 activities; not to exceed $100,428,000 shall be available for 

22 human resources program activities; not to exceed 

23 $341,977,000 shall be available for region and center oper24 ations and regional coordination activities; not to exceed 

25 $196,063,000 shall be available for staff offices; and not to 
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1 exceed $49,278,000 shall be available for information serv2 ices. 

3 SEC. 3202. The amounts included under the heading 

4 ‘‘Department of Transportation, Federal Aviation Admin5 istration, Grants-in-Aid for Airports (Liquidation of Con6 tract Authorization)’’ in division A of Public Law 111–117 

7 shall be applied to funds appropriated by this Act by sub8 stituting ‘‘$3,550,000,000’’ for ‘‘$3,000,000,000’’. 

9 SEC. 3203. Notwithstanding section 1101, the level for 

10 ‘‘Department of Transportation, Federal Highway Admin11 istration, Surface Transportation Priorities’’ shall be $0. 

12 SEC. 3204. Notwithstanding section 1101, no funds are 

13 provided for activities described in section 122 of title I of 

14 division A of Public Law 111–117. 

15 SEC. 3205. Of the amount made available for ‘‘Depart16 ment of Transportation, Motor Carrier Safety Grants, (Liq17 uidation of Contract Authorization), (Limitation on Obli18 gations), (Highway Trust Fund)’’ for the commercial driv19 er’s license information system modernization program, 

20 $3,000,000 shall be made available for audits of new en21 trant motor carriers to carry out section 4107(b) of Public 

22 Law 109–59, and 31104(a) of title 49, United States Code, 

23 and $5,000,000 shall be made available for the commercial 

24 driver’s license improvements program to carry out section 

25 31313 of title 49, United States Code. 
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1 SEC. 3206. Notwithstanding section 1101, the level for 

2 ‘‘Department of Transportation, Federal Railroad Admin3 istration, Safety and Operations’’ shall be $176,950,000. 

4 SEC. 3207. Notwithstanding section 1101, the level for 

5 ‘‘Department of Transportation, Federal Railroad Admin6 istration, Capital Assistance for High Speed Rail Corridors 

7 and Intercity Passenger Rail Service’’ shall be 

8 $1,000,000,000. 

9 SEC. 3208. Notwithstanding section 1101, the level for 

10 ‘‘Department of Transportation, Maritime Administration, 

11 Operations and Training’’ shall be $155,750,000, of which 

12 $11,240,000 shall remain available until expended for 

13 maintenance and repair of training ships at State Mari14 time Academies, and of which $15,000,000 shall remain 

15 available until expended for capital improvements at the 

16 United States Merchant Marine Academy, of which 

17 $59,057,000 shall be available for operations at the United 

18 States Merchant Marine Academy, and of which $6,000,000 

19 shall remain available until expended for the Secretary’s 

20 reimbursement of overcharged midshipmen fees for aca21 demic years 2003–2004 through 2008–2009 and such action 

22 shall be final and conclusive. 

23 SEC. 3209. Notwithstanding section 1101, the level for 

24 each of the following accounts under the heading ‘‘Depart25 ment of Transportation, Pipeline and Hazardous Materials 
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1 Safety Administration’’ shall be as follows: ‘‘Operational 

2 Expenses (Pipeline Safety Fund)’’, $21,496,000; ‘‘Haz3 ardous Materials Safety’’, $39,098,000, of which $1,699,000 

4 shall remain available until September 30, 2013; and 

5 ‘‘Pipeline Safety (Pipeline Safety Fund) (Oil Spill Liabil6 ity Trust Fund)’’, $106,919,000, of which $18,905,000 shall 

7 be derived from the Oil Spill Liability Trust Fund and 

8 shall remain available until September 30, 2013, and of 

9 which $88,014,000 shall be derived from the Pipeline Safety 

10 Fund, of which $47,332,000 shall remain available until 

11 September 30, 2013. 

12 SEC. 3210. Notwithstanding section 1101, section 186 

13 of title I of division A of Public Law 111–117 shall not 

14 apply to fiscal year 2011. 

15 SEC. 3211. Notwithstanding section 1101, the level for 

16 ‘‘Department of Housing and Urban Development, Per17 sonnel Compensation and Benefits, Housing’’ shall be 

18 $390,885,000. 

19 SEC. 3212. Notwithstanding section 1101, the level for 

20 ‘‘Department of Housing and Urban Development, Per21 sonnel Compensation and Benefits, Office of the Govern22 ment National Mortgage Association’’ shall be $14,000,000. 

23 SEC. 3213. Notwithstanding section 1101, the level for 

24 ‘‘Department of Housing and Urban Development, Public 

25 and Indian Housing, Tenant-Based Rental Assistance’’ 
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1 shall be $14,863,998,000, to remain available until ex2 pended, shall be available on October 1, 2010 (in addition 

3 to the $4,000,000,000 previously appropriated under such 

4 heading that will become available on October 1, 2010), and 

5 notwithstanding section 1109, an additional 

6 $4,000,000,000, to remain available until expended, shall 

7 be available on October 1, 2011: Provided, That of the 

8 amounts available for such heading, $16,993,998,000 shall 

9 be for activities specified in paragraph: (1) and 

10 $145,000,000 shall be for activities specified in paragraph 

11 (2) under such heading of division A of Public Law 111– 

12 117: Provided further, That of the amounts made available 

13 for activities under paragraph; (2) under such heading of 

14 division A of Public Law 111–117, $25,000,000 shall be 

15 available to provide tenant protection assistance, not other16 wise provided under this paragraph, to residents residing 

17 in low-vacancy areas and who may have to pay rents great18 er than 30 percent of household income, as the result of: 

19 (1) the maturity of a HUD-insured, HUD-held or section 

20 202 loan that requires the permission of the Secretary prior 

21 to loan payment; (2) the expiration of a rental assistance 

22 contract for which the tenants are not eligible for enhanced 

23 voucher or tenant protection assistance under existing law; 

24 or (3) the expiration of affordability restrictions accom25 panying a mortgage or preservation program administered 
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1 by the Secretary: Provided further, That such tenant protec2 tion assistance made available under the previous proviso 

3 may be provided under the authority of section 8(t) of the 

4 United States Housing Act of 1937 (42 U.S.C. 1937f(t)): 

5 Provided further, That the Secretary shall issue guidance 

6 to implement the previous two provisos, including but not 

7 limited to requirements for defining eligible at-risk house8 holds, within 120 days of the enactment of this Act. 

9 SEC. 3214. The seventh proviso in paragraph (1) 

10 under the heading ‘‘Department of Housing and Urban De11 velopment, Public and Indian Housing, Tenant-Based 

12 Rental Assistance’’ in division A of Public Law 111–117 

13 shall be applied in fiscal year 2011 by inserting before the 

14 colon at the end the following: ‘‘; (5) for one-time adjust15 ments of renewal funding for public housing agencies in re16 ceivership with approved fungibility plans for calendar 

17 year 2009 as authorized in section 11003 of the Consoli18 dated Security, Disaster Assistance, and Continuing Ap19 propriations Act, 2009 (Public Law 110–329); or (6) to ad20 just allocations for public housing agencies to prevent ter21 mination of assistance to families receiving assistance 

22 under the disaster voucher program, as authorized by chap23 ter 9 of title I of division B of Public Law 109–148 under 

24 the heading ‘Tenant-Based Rental Assistance’ ’’. 
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1 SEC. 3215. Notwithstanding section 1101, the level for 

2 ‘‘Department of Housing and Urban Development, Commu3 nity Planning and Development, Community Development 

4 Fund’’ shall be $4,255,000,000, of which $3,990,000,000 

5 shall be for carrying out the community development block 

6 grant program under title I of the Housing and Community 

7 Development Act of 1974, as amended: Provided, That none 

8 of the funds made available by this section for such account 

9 may be used for grants for the Economic Development Ini10 tiative or Neighborhood Initiatives activities. 

11 SEC. 3216. Notwithstanding section 1101, the level for 

12 ‘‘Department of Housing and Urban Development, Commu13 nity Planning and Development, Homeless Assistance 

14 Grants’’ shall be $2,055,000,000. 

15 SEC. 3217. Notwithstanding section 1101, the level for 

16 ‘‘Department of Housing and Urban Development, Housing 

17 Programs, Project-Based Rental Assistance’’ shall be 

18 $8,882,328,000, to remain available until expended, shall 

19 be available on October 1, 2010 (in addition to the 

20 $393,672,000 previously appropriated under such heading 

21 that became available on October 1, 2010), and, notwith22 standing section 1109, an additional $400,000,000, to re23 main available until expended, shall be available on October 

24 1, 2011: Provided, That of the amounts available for such 

25 heading, $8,950,000,000 shall be for activities specified in 
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1 paragraph (1) under such heading of division A of Public 

2 Law 111–117 and $326,000,000 shall be available for ac3 tivities specified in paragraph (2) under such heading in 

4 such public law. 

5 SEC. 3218. Notwithstanding section 1101, the level for 

6 ‘‘Department of Housing and Urban Development, Housing 

7 Programs, Energy Innovation Fund’’ shall be $0. 

8 SEC. 3219. The heading ‘‘Department of Housing and 

9 Urban Development, Housing Program, Other Assisted 

10 Housing Programs, Rental Housing Assistance’’ shall be 

11 applied by inserting ‘‘, or extensions of up to one year for 

12 expiring contracts,’’ after ‘‘for amendments to contracts’’. 

13 SEC. 3220. Notwithstanding section 1101, the level 

14 under the heading ‘‘Department of Housing and Urban De15 velopment, Housing Programs, Rent Supplement (Rescis16 sion)’’ shall be $40,060,000. 

17 SEC. 3221. Notwithstanding section 1101, the level for 

18 ‘‘Department of Housing and Urban Development, Federal 

19 Housing Administration, Mutual Mortgage Insurance Pro20 gram Account’’ for administrative contract expenses shall 

21 be $221,125,000. 

22 SEC. 3222. The first proviso in the first paragraph 

23 under the heading ‘‘Department of Housing and Urban De24 velopment, Federal Housing Administration, General and 

25 Special Risk Program Account’’ in division A of Public 
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1 Law 111–117 shall be applied in fiscal year 2011 by sub2 stituting ‘‘$20,000,000,000’’ for ‘‘$15,000,000,000’’. 

3 SEC. 3223. Notwithstanding section 1101, the level for 

4 ‘‘Department of Housing and Urban Development, Manage5 ment and Administration, Working Capital Fund’’ shall be 

6 $228,500,000. 

7 SEC. 3224. Notwithstanding section 1101, the level for 

8 ‘‘Related Agencies, National Railroad Passenger Corpora9 tion, Office of Inspector General, Salaries and Expenses’’ 

10 shall be $19,496,000. 

11 SEC. 3225. Notwithstanding section 1101, the level 

12 under the heading ‘‘Related Agencies, United States Inter13 agency Council on Homelessness, Operating Expenses’’ shall 

14 be $3,930,000. 

15 SEC. 3226. Section 209 of the McKinney-Vento Home16 less Assistance Act (42 U.S.C. 11319) is repealed. 

17 SEC. 3227. Unobligated balances of funds made avail18 able for obligation under 23 U.S.C. 320, section 147 of Pub19 lic Law 95–599, section 9(c) of Public Law 97–134, section 

20 149 of Public Law 100–17, and sections 1006, 1069, 1103, 

21 1104, 1105, 1106, 1107, 1108, 6005, 6015, and 6023 of Pub22 lic Law 102–240 are permanently rescinded. In addition, 

23 the unobligated balance available on September 30, 2011, 

24 under section 1602 of the Transportation Equity Act for 

25 the 21st Century (Public Law 105–178) for each project for 
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1 which less than 10 percent of the amount authorized for 

2 such project under such section has been obligated is perma3 nently rescinded. In addition, of the amounts authorized 

4 for fiscal years 2005 through 2009 in section 1101(a)(16) 

5 of the Safe, Accountable, Flexible, Efficient Transportation 

6 Equity Act: A Legacy for Users (Public Law 109–59) to 

7 carry out the high priority projects program under section 

8 117 of title 23, United States Code, that are not allocated 

9 for projects described in section 1702 of such Act, 

10 $8,190,335 are permanently rescinded. 

11 DIVISION B—SURFACE 

12 TRANSPORTATION EXTENSION 

13 SEC. 4001. SHORT TITLE; RECONCILIATION OF FUNDS. 

14 (a) SHORT TITLE.—This division may be cited as the 

15 ‘‘Surface Transportation Extension Act of 2010, Part II’’. 

16 (b) RECONCILIATION OF FUNDS.—The Secretary of 

17 Transportation shall reduce the amount apportioned or al18 located for a program, project, or activity under this divi19 sion in fiscal year 2011 by amounts apportioned or allo20 cated pursuant to the Surface Transportation Extension 

21 Act of 2010 for the period beginning on October 1, 2010, 

22 and ending on December 31, 2010. 
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1 TITLE I—FEDERAL-AID 

2 HIGHWAYS 

3 SEC. 4101. EXTENSION OF FEDERAL-AID HIGHWAY PRO4 GRAMS. 

5 (a) IN GENERAL.—Section 411 of the Surface Trans6 portation Extension Act of 2010 (Public Law 111–147; 124 

7 Stat. 78) is amended— 

8 (1) by striking ‘‘the period beginning on October 

9 1, 2010, and ending on December 31, 2010’’ each 

10 place it appears (except in subsection (c)(2)) and in11 serting ‘‘fiscal year 2011’’; 

12 (2) in subsection (a) by striking ‘‘December 31, 

13 2010’’ and inserting ‘‘September 30, 2011’’; 

(3) in subsection (b)(2) by striking ‘‘1 14 ⁄4 of’’; 

15 (4) in subsection (c)— 

16 (A) in paragraph (2)— 

(i) by striking ‘‘1 17 ⁄4 of’’; and 

18 (ii) by striking ‘‘the period beginning 

19 on October 1, 2010, and ending on Decem20 ber 31, 2010,’’ and inserting ‘‘fiscal year 

21 2011’’; 

22 (B) in paragraph (4)— 

23 (i) in subparagraph (A)(ii) by striking 

24 ‘‘, except that during such period obliga25 tions subject to such limitation shall not ex-
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ceed 1 1 ⁄4 of the limitation on obligations in2 cluded in an Act making appropriations for 

3 fiscal year 2011’’; and 

4 (ii) in subparagraph (B)(ii)(II) by 

5 striking ‘‘$159,750,000’’ and inserting 

6 ‘‘$639,000,000’’; and 

7 (C) by striking paragraph (5); 

8 (5) in subsection (d)— 

(A) by striking ‘‘1 9 ⁄4 of’’ each place it ap10 pears; and 

11 (B) in paragraph (2)(A)— 

12 (i) in the matter preceding clause (i) 

13 by striking ‘‘apportioned under sections 

14 104(b) and 144 of title 23, United States 

15 Code,’’ and inserting ‘‘specified in section 

16 105(a)(2) of title 23, United States Code 

17 (except the high priority projects pro18 gram),’’; and 

19 (ii) in clause (ii) by striking ‘‘appor20 tioned under such sections of such Code’’ 

21 and inserting ‘‘specified in such section 

22 105(a)(2) (except the high priority projects 

23 program)’’; and 

(6) in subsection (e)(1)(B) by striking ‘‘1 24 ⁄4’’. 
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1 (b) ADMINISTRATIVE EXPENSES.—Section 412(a)(2) 

2 of the Surface Transportation Extension Act of 2010 (Pub3 lic Law 111–147; 124 Stat. 83) is amended— 

4 (1) by striking ‘‘$105,606,250’’ and inserting 

5 ‘‘$422,425,000’’; and 

6 (2) by striking ‘‘the period beginning on October 

7 1, 2010, and ending on December 31, 2010’’ and in8 serting ‘‘fiscal year 2011’’. 

9 TITLE II—NATIONAL HIGHWAY 

10 TRAFFIC SAFETY ADMINIS11 TRATION, FEDERAL MOTOR 

12 CARRIER SAFETY ADMINIS13 TRATION, AND ADDITIONAL 

14 PROGRAMS 

15 SEC. 4201. EXTENSION OF NATIONAL HIGHWAY TRAFFIC 

16 SAFETY ADMINISTRATION HIGHWAY SAFETY 

17 PROGRAMS. 

18 (a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Sec19 tion 2001(a)(1) of SAFETEA–LU (119 Stat. 1519) is 

20 amended by striking ‘‘and $58,750,000 for the period begin21 ning on October 1, 2010, and ending on December 31, 

22 2010.’’ and inserting ‘‘and $235,000,000 for fiscal year 

23 2011.’’. 

24 (b) HIGHWAY SAFETY RESEARCH AND DEVELOP25 MENT.—Section 2001(a)(2) of SAFETEA–LU (119 Stat. 
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1 1519) is amended by striking ‘‘and $27,061,000 for the pe2 riod beginning on October 1, 2010, and ending on December 

3 31, 2010.’’ and inserting ‘‘and $108,244,000 for fiscal year 

4 2011.’’. 

5 (c) OCCUPANT PROTECTION INCENTIVE GRANTS.—Sec6 tion 2001(a)(3) of SAFETEA–LU (119 Stat. 1519) is 

7 amended by striking ‘‘and $6,250,000 for the period begin8 ning on October 1, 2010, and ending on December 31, 

9 2010.’’ and inserting ‘‘and $25,000,000 for fiscal year 

10 2011.’’. 

11 (d) SAFETY BELT PERFORMANCE GRANTS.—Section 

12 2001(a)(4) of SAFETEA–LU (119 Stat. 1519) is amended 

13 by striking ‘‘and $31,125,000 for the period beginning on 

14 October 1, 2010, and ending on December 31, 2010.’’ and 

15 inserting ‘‘and $124,500,000 for fiscal year 2011.’’. 

16 (e) STATE TRAFFIC SAFETY INFORMATION SYSTEM IM17 PROVEMENTS.—Section 2001(a)(5) of SAFETEA–LU (119 

18 Stat. 1519) is amended by striking ‘‘and $8,625,000 for the 

19 period beginning on October 1, 2010, and ending on Decem20 ber 31, 2010.’’ and inserting ‘‘and $34,500,000 for fiscal 

21 year 2011.’’. 

22 (f) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES

23 INCENTIVE GRANT PROGRAM.—Section 2001(a)(6) of 

24 SAFETEA–LU (119 Stat. 1519) is amended by striking 

25 ‘‘and $34,750,000 for the period beginning on October 1, 
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1 2010, and ending on December 31, 2010.’’ and inserting 

2 ‘‘and $139,000,000 for fiscal year 2011.’’. 

3 (g) NATIONAL DRIVER REGISTER.—Section 

4 2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is amended 

5 by striking ‘‘and $1,029,000 for the period beginning on 

6 October 1, 2010, and ending on December 31, 2010.’’ and 

7 inserting ‘‘and $4,116,000 for fiscal year 2011.’’. 

8 (h) HIGH VISIBILITY ENFORCEMENT PROGRAM.—Sec9 tion 2001(a)(8) of SAFETEA–LU (119 Stat. 1520) is 

10 amended by striking ‘‘and $7,250,000 for the period begin11 ning on October 1, 2010, and ending on December 31, 

12 2010.’’ and inserting ‘‘and $29,000,000 for fiscal year 

13 2011.’’. 

14 (i) MOTORCYCLIST SAFETY.—Section 2001(a)(9) of 

15 SAFETEA–LU (119 Stat. 1520) is amended by striking 

16 ‘‘and $1,750,000 for the period beginning on October 1, 

17 2010, and ending on December 31, 2010.’’ and inserting 

18 ‘‘and $7,000,000 for fiscal year 2011.’’. 

19 (j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFETY

20 INCENTIVE GRANTS.—Section 2001(a)(10) of SAFETEA– 

21 LU (119 Stat. 1520) is amended by striking ‘‘and 

22 $1,750,000 for the period beginning on October 1, 2010, and 

23 ending on December 31, 2010.’’ and inserting ‘‘and 

24 $7,000,000 for fiscal year 2011.’’. 
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1 (k) ADMINISTRATIVE EXPENSES.—Section 2001(a)(11) 

2 of SAFETEA–LU (119 Stat. 1520) is amended by striking 

3 ‘‘and $6,332,000 for the period beginning on October 1, 

4 2010, and ending on December 31, 2010.’’ and inserting 

5 ‘‘and $25,328,000 for fiscal year 2011.’’. 

6 SEC. 4202. EXTENSION OF FEDERAL MOTOR CARRIER SAFE7 TY ADMINISTRATION PROGRAMS. 

8 (a) MOTOR CARRIER SAFETY GRANTS.—Section 

9 31104(a)(7) of title 49, United States Code, is amended by 

10 striking ‘‘$52,679,000 for the period beginning on October 

11 1, 2010, and ending on December 31, 2010.’’ and inserting 

12 ‘‘$209,000,000 for fiscal year 2011.’’. 

13 (b) ADMINISTRATIVE EXPENSES.—Section 

14 31104(i)(1)(G) of title 49, United States Code, is amended 

15 by striking ‘‘$61,036,000 for the period beginning on Octo16 ber 1, 2010, and ending on December 31, 2010.’’ and insert17 ing ‘‘$244,144,000 for fiscal year 2011.’’. 

18 (c) GRANT PROGRAMS.—Section 4101(c) of 

19 SAFETEA–LU (119 Stat. 1715) is amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘and’’ after ‘‘2009,’’; and 

22 (B) by striking ‘‘and $6,301,000 for the pe23 riod beginning on October 1, 2010, and ending 

24 on December 31, 2010’’ and inserting ‘‘and 

25 $25,000,000 for fiscal year 2011’’; 
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1 (2) in paragraph (2) by striking ‘‘and 

2 $8,066,000 for the period beginning on October 1, 

3 2010, and ending on December 31, 2010’’ and insert4 ing ‘‘and $32,000,000 for fiscal year 2011’’; 

5 (3) in paragraph (3) by striking ‘‘and 

6 $1,260,000 for the period beginning on October 1, 

7 2010, and ending on December 31, 2010’’ and insert8 ing ‘‘and $5,000,000 for fiscal year 2011’’; 

9 (4) in paragraph (4) by striking ‘‘and 

10 $6,301,000 for the period beginning on October 1, 

11 2010, and ending on December 31, 2010’’ and insert12 ing ‘‘and $25,000,000 for fiscal year 2011’’; and 

13 (5) in paragraph (5) by striking ‘‘and $756,000 

14 for the period beginning on October 1, 2010, and end15 ing on December 31, 2010’’ and inserting ‘‘and 

16 $3,000,000 for fiscal year 2011’’. 

17 (d) HIGH-PRIORITY ACTIVITIES.—Section 31104(k)(2) 

18 of title 49, United States Code, is amended by striking ‘‘and 

19 $3,781,000 for the period beginning on October 1, 2010, and 

20 ending on December 31, 2010’’ and inserting ‘‘and 

21 $15,000,000 for fiscal year 2011’’. 

22 (e) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) 

23 of title 49, United States Code, is amended by striking 

24 ‘‘(and up to $7,310,000 for the period beginning on October 

25 1, 2010, and ending on December 31, 2010)’’. 
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1 (f) COMMERCIAL DRIVER’S LICENSE INFORMATION

2 SYSTEM MODERNIZATION.—Section 4123(d)(6) of 

3 SAFETEA–LU (119 Stat. 1736) is amended by striking 

4 ‘‘$2,016,000 for the period beginning on October 1, 2010, 

5 and ending on December 31, 2010.’’ and inserting 

6 ‘‘$8,000,000 for fiscal year 2011.’’. 

7 (g) OUTREACH AND EDUCATION.—Section 4127(e) of 

8 SAFETEA–LU (119 Stat. 1741) is amended by striking 

9 ‘‘and 2010’’ and all that follows before ‘‘to carry out’’ and 

10 inserting ‘‘2010, and 2011’’. 

11 (h) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHI12 CLE OPERATORS.—Section 4134(c) of SAFETEA–LU (119 

13 Stat. 1744) is amended by striking ‘‘2009, 2010, and 

14 $252,000 for the period beginning on October 1, 2010, and 

15 ending on December 31, 2010,’’ and inserting ‘‘2011’’. 

16 (i) MOTOR CARRIER SAFETY ADVISORY COM17 MITTEE.—Section 4144(d) of SAFETEA–LU (119 Stat. 

18 1748) is amended by striking ‘‘December 31, 2010’’ and in19 serting ‘‘September 30, 2011’’. 

20 (j) WORKING GROUP FOR DEVELOPMENT OF PRAC21 TICES AND PROCEDURES TO ENHANCE FEDERAL-STATE

22 RELATIONS.—Section 4213(d) of SAFETEA–LU (49 

23 U.S.C. 14710 note; 119 Stat. 1759) is amended by striking 

24 ‘‘December 31, 2010’’ and inserting ‘‘September 30, 2011’’. 
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1 SEC. 4203. ADDITIONAL PROGRAMS. 

2 (a) HAZARDOUS MATERIALS RESEARCH PROJECTS.— 

3 Section 7131(c) of SAFETEA–LU (119 Stat. 1910) is 

4 amended by striking ‘‘through 2010’’ and all that follows 

5 before ‘‘shall be available’’ and inserting ‘‘through 2011’’. 

6 (b) DINGELL-JOHNSON SPORT FISH RESTORATION

7 ACT.—Section 4 of the Dingell-Johnson Sport Fish Restora8 tion Act (16 U.S.C. 777c) is amended— 

9 (1) in subsection (a) by striking ‘‘For each of fis10 cal years 2006’’ and all that follows before paragraph 

11 (1) and inserting the following: ‘‘For each of fiscal 

12 years 2006 through 2011, the balance of each annual 

13 appropriation made in accordance with the provi14 sions of section 3 remaining after the distributions for 

15 administrative expenses and other purposes under 

16 subsection (b) and for multistate conservation grants 

17 under section 14 shall be distributed as follows:’’; and 

18 (2) in subsection (b)(1)(A) by striking the first 

19 sentence and inserting the following: ‘‘From the an20 nual appropriation made in accordance with section 

21 3, for each of fiscal years 2006 through 2011, the Sec22 retary of the Interior may use no more than the 

23 amount specified in subparagraph (B) for the fiscal 

24 year for expenses for administration incurred in the 

25 implementation of this Act, in accordance with this 

26 section and section 9.’’. 
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1 (c) SURFACE TRANSPORTATION PROJECT DELIVERY

2 PILOT PROGRAM.—Section 327(i)(1) of title 23, United 

3 States Code, is amended by striking ‘‘6 years after’’ and 

4 inserting ‘‘7 years after’’. 

5 (d) IMPLEMENTATION OF FUTURE STRATEGIC HIGH6 WAY RESEARCH PROGRAM.—Section 510 of title 23, United 

7 States Code, is amended by adding at the end the following: 

8 ‘‘(h) IMPLEMENTATION.—Notwithstanding any other 

9 provision of this section, the Secretary may use funds made 

10 available to carry out this section for implementation of 

11 research products related to the future strategic highway re12 search program, including development, demonstration, 

13 evaluation, and technology transfer activities.’’. 

14 TITLE III—PUBLIC 

15 TRANSPORTATION PROGRAMS 

16 SEC. 4301. ALLOCATION OF FUNDS FOR PLANNING PRO17 GRAMS. 

18 Section 5305(g) of title 49, United States Code, is 

19 amended by striking ‘‘2010, and for the period beginning 

20 October 1, 2010, and ending December 31, 2010,’’ and in21 serting ‘‘2011’’. 

22 SEC. 4302. SPECIAL RULE FOR URBANIZED AREA FORMULA 

23 GRANTS. 

24 Section 5307(b)(2) of title 49, United States Code, is 

25 amended— 
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1 (1) in the paragraph heading by striking ‘‘2010, 

2 AND THE PERIOD BEGINNING OCTOBER 1, 2010, AND

3 ENDING DECEMBER 31, 2010’’ and inserting ‘‘2011’’; 

4 (2) in subparagraph (A) by striking ‘‘2010, and 

5 the period beginning October 1, 2010, and ending De6 cember 31, 2010,’’ and inserting ‘‘2011,’’; and 

7 (3) in subparagraph (E)— 

8 (A) in the subparagraph heading by strik9 ing ‘‘2010 AND DURING THE PERIOD BEGINNING

10 OCTOBER 1, 2010, AND ENDING DECEMBER 31, 

11 2010’’ and inserting ‘‘2011’’; and 

12 (B) in the matter preceding clause (i) by 

13 striking ‘‘In fiscal years 2008 through 2010, and 

14 during the period beginning October 1, 2010, 

15 and ending December 31, 2010,’’ and inserting 

16 ‘‘In each of fiscal years 2008 through 2011’’. 

17 SEC. 4303. ALLOCATING AMOUNTS FOR CAPITAL INVEST18 MENT GRANTS. 

19 Section 5309(m) of title 49, United States Code, is 

20 amended— 

21 (1) in paragraph (2)— 

22 (A) in the paragraph heading by striking 

23 ‘‘2010 AND OCTOBER 1, 2010, THROUGH DECEM24 BER 31, 2010’’ and inserting ‘‘2011’’; 
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1 (B) in the matter preceding subparagraph 

2 (A) by striking ‘‘2010, and during the period be3 ginning October 1, 2010, and ending December 

4 31, 2010,’’ and inserting ‘‘2011’’; and 

5 (C) in subparagraph (A)(i) by striking 

6 ‘‘2010, and $50,000,000 for the period beginning 

7 October 1, 2010, and ending December 31, 

8 2010,’’ and inserting ‘‘2011’’; 

9 (2) in paragraph (6)— 

10 (A) in subparagraph (B) by striking ‘‘2010, 

11 and $3,750,000 shall be available for the period 

12 beginning October 1, 2010, and ending December 

13 31, 2010,’’ and inserting ‘‘2011’’; and 

14 (B) in subparagraph (C) by striking ‘‘2010, 

15 and $1,250,000 shall be available for the period 

16 beginning October 1, 2010 and ending December 

17 31, 2010,’’ and inserting ‘‘2011’’; and 

18 (3) in paragraph (7)— 

19 (A) in subparagraph (A)— 

20 (i) by striking ‘‘(A) FERRY BOAT SYS21 TEMS.—’’ and all that follows through ‘‘(i) 

22 FISCAL YEAR 2006 THROUGH 2010.— 

23 $10,000,000 shall be available in each of fis24 cal years 2006 through 2010’’ and inserting 

25 the following: 
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1 ‘‘(A) FERRY BOAT SYSTEMS.—$10,000,000 

2 shall be available in each of fiscal years 2006 

3 through 2011’’; 

4 (ii) by striking clause (ii); 

5 (iii) by redesignating subclauses (I) 

6 through (VIII) as clauses (i) through (viii), 

7 respectively, and moving the text of such 

8 clauses 2 ems to the left; and 

9 (iv) by inserting a period at the end of 

10 clause (iv) (as so redesignated); 

11 (B) by striking subparagraph (B)(vi) and 

12 inserting the following: 

13 ‘‘(vi) $13,500,000 for fiscal year 

14 2011.’’; 

15 (C) in subparagraph (C) by striking ‘‘, and 

16 during the period beginning October 1, 2010, 

17 and ending December 31, 2010,’’; 

18 (D) in subparagraph (D) by striking ‘‘, and 

19 not less than $8,750,000 shall be available for the 

20 period beginning October 1, 2010, and ending 

21 December 31, 2010,’’; and 

22 (E) in subparagraph (E) by striking ‘‘, and 

23 $750,000 shall be available for the period begin24 ning October 1, 2010, and ending December 31, 

25 2010,’’. 
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1 SEC. 4304. APPORTIONMENT OF FORMULA GRANTS FOR 

2 OTHER THAN URBANIZED AREAS. 

3 Section 5311(c)(1)(F) of title 49, United States Code, 

4 is amended to read as follows: 

5 ‘‘(F) $15,000,000 for fiscal year 2011.’’. 

6 SEC. 4305. APPORTIONMENT BASED ON FIXED GUIDEWAY 

7 FACTORS. 

8 Section 5337 of title 49, United States Code, is amend9 ed— 

10 (1) in subsection (a), in the matter preceding 

11 paragraph (1), by striking ‘‘2010’’ and inserting 

12 ‘‘2011’’; and 

13 (2) by striking subsection (g). 

14 SEC. 4306. AUTHORIZATIONS FOR PUBLIC TRANSPOR15 TATION. 

16 (a) FORMULA AND BUS GRANTS.—Section 5338(b) of 

17 title 49, United States Code, is amended— 

18 (1) by striking paragraph (1)(F) and inserting 

19 the following: 

20 ‘‘(F) $8,360,565,000 for fiscal year 2011.’’; 

21 and 

22 (2) in paragraph (2)— 

23 (A) in subparagraph (A) by striking 

24 ‘‘$28,375,000 for the period beginning October 1, 

25 2010, and ending December 31, 2010,’’ and in26 serting ‘‘$113,500,000 for fiscal year 2011’’; 
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1 (B) in subparagraph (B) by striking 

2 ‘‘$1,040,091,250 for the period beginning October 

3 1, 2010, and ending December 31, 2010,’’ and 

4 inserting ‘‘$4,160,365,000 for fiscal year 2011’’; 

5 (C) in subparagraph (C) by striking 

6 ‘‘$12,875,000 for the period beginning October 1, 

7 2010, and ending December 31, 2010,’’ and in8 serting ‘‘$51,500,000 for fiscal year 2011’’; 

9 (D) in subparagraph (D) by striking 

10 ‘‘$416,625,000 for the period beginning October 

11 1, 2010 and ending December 31, 2010,’’ and in12 serting ‘‘$1,666,500,000 for fiscal year 2011’’; 

13 (E) in subparagraph (E) by striking 

14 ‘‘$246,000,000 for the period beginning October 

15 1, 2010 and ending December 31, 2010,’’ and in16 serting ‘‘$984,000,000 for fiscal year 2011’’; 

17 (F) in subparagraph (F) by striking 

18 ‘‘$33,375,000 for the period beginning October 1, 

19 2010 and ending December 31, 2010,’’ and in20 serting ‘‘$133,500,000 for fiscal year 2011’’; 

21 (G) in subparagraph (G) by striking 

22 ‘‘$116,250,000 for the period beginning October 

23 1, 2010 and ending December 31, 2010,’’ and in24 serting ‘‘$465,000,000 for fiscal year 2011’’; 
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1 (H) in subparagraph (H) by striking 

2 ‘‘$41,125,000 for the period beginning October 1, 

3 2010 and ending December 31, 2010,’’ and in4 serting ‘‘$164,500,000 for fiscal year 2011’’; 

5 (I) in subparagraph (I) by striking 

6 ‘‘$23,125,000 for the period beginning October 1, 

7 2010 and ending December 31, 2010,’’ and in8 serting ‘‘$92,500,000 for fiscal year 2011’’; 

9 (J) in subparagraph (J) by striking 

10 ‘‘$6,725,000 for the period beginning October 1, 

11 2010 and ending December 31, 2010,’’ and in12 serting ‘‘$26,900,000 for fiscal year 2011’’; 

13 (K) in subparagraph (K) by striking 

14 ‘‘$875,000 for the period beginning October 1, 

15 2010 and ending December 31, 2010,’’ and in16 serting ‘‘$3,500,000 for fiscal year 2011’’; 

17 (L) in subparagraph (L) by striking 

18 ‘‘$6,250,000 for the period beginning October 1, 

19 2010 and ending December 31, 2010,’’ and in20 serting ‘‘$25,000,000 for fiscal year 2011’’; 

21 (M) in subparagraph (M) by striking 

22 ‘‘$116,250,000 for the period beginning October 

23 1, 2010 and ending December 31, 2010,’’ and in24 serting ‘‘$465,000,000 for fiscal year 2011’’; and 
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1 (N) in subparagraph (N) by striking 

2 ‘‘$2,200,000 for the period beginning October 1, 

3 2010 and ending December 31, 2010,’’ and in4 serting ‘‘$8,800,000 for fiscal year 2011’’. 

5 (b) CAPITAL INVESTMENT GRANTS.—Section 

6 5338(c)(6) of title 49, United States Code, is amended to 

7 read as follows: 

8 ‘‘(6) $2,000,000,000 for fiscal year 2011.’’. 

9 (c) RESEARCH AND UNIVERSITY RESEARCH CEN10 TERS.—Section 5338(d) of title 49, United States Code, is 

11 amended— 

12 (1) in paragraph (1)— 

13 (A) in the matter preceding subparagraph 

14 (A) by striking ‘‘$17,437,500 for the period be15 ginning October 1, 2010, and ending December 

16 31, 2010’’ and inserting ‘‘$69,750,000 for fiscal 

17 year 2011’’; and 

18 (B) in subparagraph (A) by striking ‘‘fiscal 

19 year 2009’’ and inserting ‘‘each of fiscal years 

20 2009, 2010, and 2011’’; 

21 (2) in paragraph (2)(A)— 

22 (A) in clauses (i), (ii), and (iii) by striking 

23 ‘‘2009’’ and inserting ‘‘2011’’; and 
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1 (B) in clauses (v), (vi), (vii), and (viii) by 

2 striking ‘‘and 2009’’ and inserting ‘‘through 

3 2011’’; and 

4 (3) by striking paragraph (3) and inserting the 

5 following: 

6 ‘‘(3) FUNDING.—If the Secretary determines that 

7 a project or activity described in paragraph (2) re8 ceived sufficient funds in fiscal year 2010, or a pre9 vious fiscal year, to carry out the purpose for which 

10 the project or activity was authorized, the Secretary 

11 may not allocate any amounts under paragraph (2) 

12 for the project or activity for fiscal year 2011, or any 

13 subsequent fiscal year.’’. 

14 (d) ADMINISTRATION.—Section 5338(e)(6) of title 49, 

15 United States Code, is amended to read as follows: 

16 ‘‘(6) $98,911,000 for fiscal year 2011.’’. 

17 SEC. 4307. AMENDMENTS TO SAFETEA–LU. 

18 (a) CONTRACTED PARATRANSIT PILOT.—Section 

19 3009(i)(1) of SAFETEA–LU (119 Stat. 1572) is amended 

20 by striking ‘‘2010, and for the period beginning October 1, 

21 2010, and ending December 31, 2010’’ and inserting 

22 ‘‘2011’’. 

23 (b) PUBLIC-PRIVATE PARTNERSHIP PILOT PRO24 GRAM.—Section 3011 of SAFETEA–LU (49 U.S.C. 5309 

25 note; 119 Stat. 1588) is amended— 
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1 (1) in subsection (c)(5) by striking ‘‘2010 and 

2 the period beginning October 1, 2010, and ending De3 cember 31, 2010’’ and inserting ‘‘2011’’; and 

4 (2) in subsection (d) by striking ‘‘2010, and for 

5 the period beginning October 1, 2010, and ending De6 cember 31, 2010’’ and inserting ‘‘2011’’. 

7 (c) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH

8 DISABILITIES PILOT PROGRAM.—Section 3012(b)(8) of 

9 SAFETEA–LU (49 U.S.C. 5310 note; 119 Stat. 1593) is 

10 amended by striking ‘‘December 31, 2010’’ and inserting 

11 ‘‘September 30, 2011’’. 

12 (d) OBLIGATION CEILING.—Section 3040(7) of 

13 SAFETEA–LU (119 Stat. 1639) is amended to read as fol14 lows: 

15 ‘‘(7) $10,507,752,000 for fiscal year 2011, of 

16 which not more than $8,360,565,000 shall be from the 

17 Mass Transit Account.’’. 

18 (e) PROJECT AUTHORIZATIONS FOR NEW FIXED

19 GUIDEWAY CAPITAL PROJECTS.—Section 3043 of 

20 SAFETEA–LU (119 Stat. 1640) is amended— 

21 (1) in subsection (b), in the matter preceding 

22 paragraph (1), by striking ‘‘2010, and for the period 

23 beginning October 1, 2010, and ending December 31, 

24 2010,’’ and inserting ‘‘2011’’; and 
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1 (2) in subsection (c), in the matter preceding 

2 paragraph (1), by striking ‘‘2010, and for the period 

3 beginning October 1, 2010, and ending December 31, 

4 2010,’’ and inserting ‘‘2011’’. 

5 (f) ALLOCATIONS FOR NATIONAL RESEARCH AND

6 TECHNOLOGY PROGRAMS.—Section 3046 of SAFETEA–LU 

7 (49 U.S.C. 5338 note; 119 Stat. 1706) is amended— 

8 (1) in subsection (b) by striking ‘‘or period’’; 

9 (2) by striking subsection (c) and inserting the 

10 following: 

11 ‘‘(c) ADDITIONAL APPROPRIATIONS.—The Secretary 

12 shall allocate amounts appropriated pursuant to section 

13 5338(d) of title 49, United States Code, for national re14 search and technology programs under sections 5312, 5314, 

15 and 5322 of such title for fiscal years 2010 and 2011, in 

16 amounts equal to the amounts allocated for fiscal year 2009 

17 under each of paragraphs (2), (3), (5), (6), and (8) through 

18 (25) of subsection (a).’’; and 

19 (3) in subsection (d)— 

20 (A) by striking ‘‘2009’’ and inserting 

21 ‘‘2010’’; and 

22 (B) by striking ‘‘2010’’ and inserting 

23 ‘‘2011’’. 
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1 SEC. 4308. LEVEL OF OBLIGATION LIMITATIONS. 

2 (a) HIGHWAY CATEGORY.—Section 8003(a) of 

3 SAFETEA–LU (2 U.S.C. 901 note; 119 Stat. 1917) is 

4 amended— 

5 (1) in paragraph (6) by striking ‘‘for the period 

6 beginning on October 1, 2009, and ending on Sep7 tember 30, 2010,’’ and inserting ‘‘for fiscal year 

8 2010,’’; and 

9 (2) by striking paragraph (7) and inserting the 

10 following: 

11 ‘‘(7) for fiscal year 2011, $42,469,970,178.’’. 

12 (b) MASS TRANSIT CATEGORY.—Section 8003(b) of 

13 SAFETEA–LU (2 U.S.C. 901 note; 119 Stat. 1917) is 

14 amended— 

15 (1) in paragraph (6) by striking ‘‘for the period 

16 beginning on October 1, 2009, and ending on Decem17 ber 31, 2010,’’ and inserting ‘‘for fiscal year 2010,’’; 

18 and 

19 (2) by striking paragraph (7) and inserting the 

20 following: 

21 ‘‘(7) for fiscal year 2011, $10,338,065,000.’’. 

22 TITLE IV—EXTENSION OF 

23 EXPENDITURE AUTHORITY 

24 SEC. 4401. EXTENSION OF EXPENDITURE AUTHORITY. 

25 (a) HIGHWAY TRUST FUND.—Section 9503 of the In26 ternal Revenue Code of 1986 is amended— 
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1 (1) by striking ‘‘December 31, 2010 (January 1, 

2 2011, in the case of expenditures for administrative 

3 expenses)’’ in subsections (b)(6)(B) and (c)(1) and in4 serting ‘‘October 1, 2011’’; 

5 (2) by striking ‘‘the Surface Transportation Ex6 tension Act of 2010’’ in subsections (c)(1) and (e)(3) 

7 and inserting ‘‘the Surface Transportation Extension 

8 Act of 2010, Part II’’; and 

9 (3) by striking ‘‘January 1, 2011’’ in subsection 

10 (e)(3) and inserting ‘‘October 1, 2011’’. 

11 (b) SPORT FISH RESTORATION AND BOATING TRUST

12 FUND.—Section 9504 of the Internal Revenue Code of 1986 

13 is amended— 

14 (1) by striking ‘‘Surface Transportation Exten15 sion Act of 2010’’ each place it appears in subsection 

16 (b)(2) and inserting ‘‘Surface Transportation Exten17 sion Act of 2010, Part II’’; and 

18 (2) by striking ‘‘January 1, 2011’’ in subsection 

19 (d)(2) and inserting ‘‘October 1, 2011’’. 

20 (c) EFFECTIVE DATE.—The amendments made by this 

21 section shall take effect on December 31, 2010. 
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1 DIVISION C—AIRPORT AND 

2 AIRWAY EXTENSION 

3 SEC. 5001. SHORT TITLE. 

4 This division may be cited as the ‘‘Airport and Airway 

5 Extension Act of 2010, Part IV’’. 

6 SEC. 5002. EXTENSION OF TAXES FUNDING AIRPORT AND 

7 AIRWAY TRUST FUND. 

8 (a) FUEL TAXES.—Subparagraph (B) of section 

9 4081(d)(2) of the Internal Revenue Code of 1986 is amended 

10 by striking ‘‘December 31, 2010’’ and inserting ‘‘September 

11 30, 2011’’. 

12 (b) TICKET TAXES.— 

13 (1) PERSONS.—Clause (ii) of section 

14 4261(j)(1)(A) of the Internal Revenue Code of 1986 is 

15 amended by striking ‘‘December 31, 2010’’ and insert16 ing ‘‘September 30, 2011’’. 

17 (2) PROPERTY.—Clause (ii) of section 

18 4271(d)(1)(A) of such Code is amended by striking 

19 ‘‘December 31, 2010’’ and inserting ‘‘September 30, 

20 2011’’. 

21 (c) EFFECTIVE DATE.—The amendments made by this 

22 section shall take effect on January 1, 2011. 
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1 SEC. 5003. EXTENSION OF AIRPORT AND AIRWAY TRUST 

2 FUND EXPENDITURE AUTHORITY. 

3 (a) IN GENERAL.—Paragraph (1) of section 9502(d) 

4 of the Internal Revenue Code of 1986 is amended— 

5 (1) by striking ‘‘January 1, 2011’’ and inserting 

6 ‘‘October 1, 2011’’; and 

7 (2) by inserting ‘‘or the Airport and Airway Ex8 tension Act of 2010, Part IV’’ before the semicolon at 

9 the end of subparagraph (A). 

10 (b) CONFORMING AMENDMENT.—Paragraph (2) of sec11 tion 9502(e) of such Code is amended by striking ‘‘January 

12 1, 2011’’ and inserting ‘‘October 1, 2011’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall take effect on January 1, 2011. 

15 SEC. 5004. EXTENSION OF AIRPORT IMPROVEMENT PRO16 GRAM. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 48103(8) of title 49, United States Code, is amended to read 

19 as follows: 

20 ‘‘(8) $3,700,000,000 for fiscal year 2011.’’. 

21 (b) PROJECT GRANT AUTHORITY.—Section 47104(c) of 

22 such title is amended by striking ‘‘December 31, 2010,’’ and 

23 inserting ‘‘September 30, 2011,’’. 
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1 SEC. 5005. EXTENSION OF EXPIRING AUTHORITIES. 

2 (a) Section 40117(l)(7) of title 49, United States Code, 

3 is amended by striking ‘‘January 1, 2011.’’ and inserting 

4 ‘‘October 1, 2011.’’. 

5 (b) Section 44302(f)(1) of such title is amended— 

6 (1) by striking ‘‘December 31, 2010,’’ and insert7 ing ‘‘September 30, 2011,’’; and 

8 (2) by striking ‘‘March 31, 2011,’’ and inserting 

9 ‘‘December 31, 2011,’’. 

10 (c) Section 44303(b) of such title is amended by strik11 ing ‘‘March 31, 2011,’’ and inserting ‘‘December 31, 2011,’’. 

12 (d) Section 47107(s)(3) of such title is amended by 

13 striking ‘‘January 1, 2011.’’ and inserting ‘‘October 1, 

14 2011.’’. 

15 (e) Section 47115(j) of such title is amended by strik16 ing ‘‘fiscal years 2004 through 2010, and for the portion 

17 of fiscal year 2011 ending before January 1, 2011,’’ and 

18 inserting ‘‘fiscal years 2004 through 2011,’’. 

19 (f) Section 47141(f) of such title is amended by strik20 ing ‘‘December 31, 2010.’’ and inserting ‘‘September 30, 

21 2011.’’. 

22 (g) Section 49108 of such title is amended by striking 

23 ‘‘December 31, 2010,’’ and inserting ‘‘September 30, 2011,’’. 

24 (h) Section 161 of the Vision 100—Century of Avia25 tion Reauthorization Act (49 U.S.C. 47109 note) is amend26 ed by striking ‘‘fiscal year 2009 or 2010, or in the portion 
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1 of fiscal year 2011 ending before January 1, 2011,’’ and 

2 inserting ‘‘fiscal year 2009, 2010, or 2011’’. 

3 (i) Section 186(d) of such Act (117 Stat. 2518) is 

4 amended by striking ‘‘for fiscal years ending before October 

5 1, 2010, and for the portion of fiscal year 2011 ending be6 fore January 1, 2011,’’ and inserting ‘‘for fiscal years end7 ing before October 1, 2011,’’. 

8 (j) The amendments made by this section shall take 

9 effect on January 1, 2011. 

10 DIVISION D—FOOD SAFETY 

11 SEC. 6001. SHORT TITLE; REFERENCES; TABLE OF CON12 TENTS. 

13 (a) SHORT TITLE.—This division may be cited as the 

14 ‘‘FDA Food Safety Modernization Act’’. 

15 (b) REFERENCES.—Except as otherwise specified, 

16 whenever in this division an amendment is expressed in 

17 terms of an amendment to a section or other provision, the 

18 reference shall be considered to be made to a section or other 

19 provision of the Federal Food, Drug, and Cosmetic Act (21 

20 U.S.C. 301 et seq.). 

21 (c) TABLE OF CONTENTS.—The table of contents for 

22 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. 
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Sec. 6102. Registration of food facilities. 

Sec. 6103. Hazard analysis and risk-based preventive controls. 

Sec. 6104. Performance standards. 

Sec. 6105. Standards for produce safety. 

Sec. 6106. Protection against intentional adulteration. 

Sec. 6107. Authority to collect fees. 

Sec. 6108. National agriculture and food defense strategy. 

Sec. 6109. Food and Agriculture Coordinating Councils. 

Sec. 6110. Building domestic capacity. 

Sec. 6111. Sanitary transportation of food. 

Sec. 6112. Food allergy and anaphylaxis management. 

Sec. 6113. New dietary ingredients. 

Sec. 6114. Requirement for guidance relating to post-harvest processing of raw 

oysters. 

Sec. 6115. Port shopping. 

Sec. 6116. Alcohol-related facilities. 

TITLE II—IMPROVING CAPACITY TO DETECT AND RESPOND TO 

FOOD SAFETY PROBLEMS 

Sec. 6201. Targeting of inspection resources for domestic facilities, foreign facilities, and ports of entry; annual report. 

Sec. 6202. Laboratory accreditation for analyses of foods. 

Sec. 6203. Integrated consortium of laboratory networks. 

Sec. 6204. Enhancing tracking and tracing of food and recordkeeping. 

Sec. 6205. Surveillance. 

Sec. 6206. Mandatory recall authority. 

Sec. 6207. Administrative detention of food. 

Sec. 6208. Decontamination and disposal standards and plans. 

Sec. 6209. Improving the training of State, local, territorial, and tribal food safety officials. 

Sec. 6210. Enhancing food safety. 

Sec. 6211. Improving the reportable food registry. 

TITLE III—IMPROVING THE SAFETY OF IMPORTED FOOD 

Sec. 6301. Foreign supplier verification program. 

Sec. 6302. Voluntary qualified importer program. 

Sec. 6303. Authority to require import certifications for food. 

Sec. 6304. Prior notice of imported food shipments. 

Sec. 6305. Building capacity of foreign governments with respect to food safety. 

Sec. 6306. Inspection of foreign food facilities. 

Sec. 6307. Accreditation of third-party auditors. 

Sec. 6308. Foreign offices of the Food and Drug Administration. 

Sec. 6309. Smuggled food. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 6401. Funding for food safety. 

Sec. 6402. Employee protections. 

Sec. 6403. Jurisdiction; authorities. 

Sec. 6404. Compliance with international agreements. 

Sec. 6405. Determination of budgetary effects. 
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1 TITLE I—IMPROVING CAPACITY 

2 TO PREVENT FOOD SAFETY 

3 PROBLEMS 

4 SEC. 6101. INSPECTIONS OF RECORDS. 

5 (a) IN GENERAL.—Section 414(a) (21 U.S.C. 350c(a)) 

6 is amended— 

7 (1) by striking the subsection heading and all 

8 that follows through ‘‘of food is’’ and inserting the fol9 lowing: ‘‘RECORDS INSPECTION.— 

10 ‘‘(1) ADULTERATED FOOD.—If the Secretary has 

11 a reasonable belief that an article of food, and any 

12 other article of food that the Secretary reasonably be13 lieves is likely to be affected in a similar manner, is’’; 

14 (2) by inserting ‘‘, and to any other article of 

15 food that the Secretary reasonably believes is likely to 

16 be affected in a similar manner,’’ after ‘‘relating to 

17 such article’’; 

18 (3) by striking the last sentence; and 

19 (4) by inserting at the end the following: 

20 ‘‘(2) USE OF OR EXPOSURE TO FOOD OF CON21 CERN.—If the Secretary believes that there is a rea22 sonable probability that the use of or exposure to an 

23 article of food, and any other article of food that the 

24 Secretary reasonably believes is likely to be affected in 

25 a similar manner, will cause serious adverse health 
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1 consequences or death to humans or animals, each 

2 person (excluding farms and restaurants) who manu3 factures, processes, packs, distributes, receives, holds, 

4 or imports such article shall, at the request of an offi5 cer or employee duly designated by the Secretary, per6 mit such officer or employee, upon presentation of ap7 propriate credentials and a written notice to such 

8 person, at reasonable times and within reasonable 

9 limits and in a reasonable manner, to have access to 

10 and copy all records relating to such article and to 

11 any other article of food that the Secretary reasonably 

12 believes is likely to be affected in a similar manner, 

13 that are needed to assist the Secretary in determining 

14 whether there is a reasonable probability that the use 

15 of or exposure to the food will cause serious adverse 

16 health consequences or death to humans or animals. 

17 ‘‘(3) APPLICATION.—The requirement under 

18 paragraphs (1) and (2) applies to all records relating 

19 to the manufacture, processing, packing, distribution, 

20 receipt, holding, or importation of such article main21 tained by or on behalf of such person in any format 

22 (including paper and electronic formats) and at any 

23 location.’’. 

24 (b) CONFORMING AMENDMENT.—Section 704(a)(1)(B) 

25 (21 U.S.C. 374(a)(1)(B)) is amended by striking ‘‘section 
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1 414 when’’ and all that follows through ‘‘subject to’’ and 

2 inserting ‘‘section 414, when the standard for records in3 spection under paragraph (1) or (2) of section 414(a) ap4 plies, subject to’’. 

5 SEC. 6102. REGISTRATION OF FOOD FACILITIES. 

6 (a) UPDATING OF FOOD CATEGORY REGULATIONS; BI7 ENNIAL REGISTRATION RENEWAL.—Section 415(a) (21 

8 U.S.C. 350d(a)) is amended— 

9 (1) in paragraph (2), by— 

10 (A) striking ‘‘conducts business and’’ and 

11 inserting ‘‘conducts business, the e-mail address 

12 for the contact person of the facility or, in the 

13 case of a foreign facility, the United States agent 

14 for the facility, and’’; and 

15 (B) inserting ‘‘, or any other food categories 

16 as determined appropriate by the Secretary, in17 cluding by guidance’’ after ‘‘Code of Federal 

18 Regulations’’; 

19 (2) by redesignating paragraphs (3) and (4) as 

20 paragraphs (4) and (5), respectively; and 

21 (3) by inserting after paragraph (2) the fol22 lowing: 

23 ‘‘(3) BIENNIAL REGISTRATION RENEWAL.—Dur24 ing the period beginning on October 1 and ending on 

25 December 31 of each even-numbered year, a registrant 
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1 that has submitted a registration under paragraph 

2 (1) shall submit to the Secretary a renewal registra3 tion containing the information described in para4 graph (2). The Secretary shall provide for an abbre5 viated registration renewal process for any registrant 

6 that has not had any changes to such information 

7 since the registrant submitted the preceding registra8 tion or registration renewal for the facility involved.’’. 

9 (b) SUSPENSION OF REGISTRATION.— 

10 (1) IN GENERAL.—Section 415 (21 U.S.C. 350d) 

11 is amended— 

12 (A) in subsection (a)(2), by inserting after 

13 the first sentence the following: ‘‘The registration 

14 shall contain an assurance that the Secretary 

15 will be permitted to inspect such facility at the 

16 times and in the manner permitted by this 

17 Act.’’; 

18 (B) by redesignating subsections (b) and (c) 

19 as subsections (c) and (d), respectively; and 

20 (C) by inserting after subsection (a) the fol21 lowing: 

22 ‘‘(b) SUSPENSION OF REGISTRATION.— 

23 ‘‘(1) IN GENERAL.—If the Secretary determines 

24 that food manufactured, processed, packed, received, 

25 or held by a facility registered under this section has 
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1 a reasonable probability of causing serious adverse 

2 health consequences or death to humans or animals, 

3 the Secretary may by order suspend the registration 

4 of a facility— 

5 ‘‘(A) that created, caused, or was otherwise 

6 responsible for such reasonable probability; or 

7 ‘‘(B)(i) that knew of, or had reason to know 

8 of, such reasonable probability; and 

9 ‘‘(ii) packed, received, or held such food. 

10 ‘‘(2) HEARING ON SUSPENSION.—The Secretary 

11 shall provide the registrant subject to an order under 

12 paragraph (1) with an opportunity for an informal 

13 hearing, to be held as soon as possible but not later 

14 than 2 business days after the issuance of the order 

15 or such other time period, as agreed upon by the Sec16 retary and the registrant, on the actions required for 

17 reinstatement of registration and why the registration 

18 that is subject to suspension should be reinstated. The 

19 Secretary shall reinstate a registration if the Sec20 retary determines, based on evidence presented, that 

21 adequate grounds do not exist to continue the suspen22 sion of the registration. 

23 ‘‘(3) POST-HEARING CORRECTIVE ACTION PLAN; 

24 VACATING OF ORDER.— 
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1 ‘‘(A) CORRECTIVE ACTION PLAN.—If, after 

2 providing opportunity for an informal hearing 

3 under paragraph (2), the Secretary determines 

4 that the suspension of registration remains nec5 essary, the Secretary shall require the registrant 

6 to submit a corrective action plan to demonstrate 

7 how the registrant plans to correct the conditions 

8 found by the Secretary. The Secretary shall re9 view such plan not later than 14 days after the 

10 submission of the corrective action plan or such 

11 other time period as determined by the Sec12 retary. 

13 ‘‘(B) VACATING OF ORDER.—Upon a deter14 mination by the Secretary that adequate grounds 

15 do not exist to continue the suspension actions 

16 required by the order, or that such actions should 

17 be modified, the Secretary shall promptly vacate 

18 the order and reinstate the registration of the fa19 cility subject to the order or modify the order, as 

20 appropriate. 

21 ‘‘(4) EFFECT OF SUSPENSION.—If the registra22 tion of a facility is suspended under this subsection, 

23 no person shall import or export food into the United 

24 States from such facility, offer to import or export 

25 food into the United States from such facility, or oth-
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1 erwise introduce food from such facility into inter2 state or intrastate commerce in the United States. 

3 ‘‘(5) REGULATIONS.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 promulgate regulations to implement this sub6 section. The Secretary may promulgate such reg7 ulations on an interim final basis. 

8 ‘‘(B) REGISTRATION REQUIREMENT.—The 

9 Secretary may require that registration under 

10 this section be submitted in an electronic format. 

11 Such requirement may not take effect before the 

12 date that is 5 years after the date of enactment 

13 of the FDA Food Safety Modernization Act. 

14 ‘‘(6) APPLICATION DATE.—Facilities shall be 

15 subject to the requirements of this subsection begin16 ning on the earlier of— 

17 ‘‘(A) the date on which the Secretary issues 

18 regulations under paragraph (5); or 

19 ‘‘(B) 180 days after the date of enactment 

20 of the FDA Food Safety Modernization Act. 

21 ‘‘(7) NO DELEGATION.—The authority conferred 

22 by this subsection to issue an order to suspend a reg23 istration or vacate an order of suspension shall not 

24 be delegated to any officer or employee other than the 

25 Commissioner.’’. 
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1 (2) SMALL ENTITY COMPLIANCE POLICY

2 GUIDE.—Not later than 180 days after the issuance of 

3 the regulations promulgated under section 415(b)(5) 

4 of the Federal Food, Drug, and Cosmetic Act (as 

5 added by this section), the Secretary shall issue a 

6 small entity compliance policy guide setting forth in 

7 plain language the requirements of such regulations to 

8 assist small entities in complying with registration 

9 requirements and other activities required under such 

10 section. 

11 (3) IMPORTED FOOD.—Section 801(l) (21 U.S.C. 

12 381(l)) is amended by inserting ‘‘(or for which a reg13 istration has been suspended under such section)’’ 

14 after ‘‘section 415’’. 

15 (c) CLARIFICATION OF INTENT.— 

16 (1) RETAIL FOOD ESTABLISHMENT.—The Sec17 retary shall amend the definition of the term ‘‘retail 

18 food establishment’’ in section 1.227(b)(11) of title 21, 

19 Code of Federal Regulations to clarify that, in deter20 mining the primary function of an establishment or 

21 a retail food establishment under such section, the sale 

22 of food products directly to consumers by such estab23 lishment and the sale of food directly to consumers by 

24 such retail food establishment include— 
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1 (A) the sale of such food products or food di2 rectly to consumers by such establishment at a 

3 roadside stand or farmers’ market where such 

4 stand or market is located other than where the 

5 food was manufactured or processed; 

6 (B) the sale and distribution of such food 

7 through a community supported agriculture pro8 gram; and 

9 (C) the sale and distribution of such food at 

10 any other such direct sales platform as deter11 mined by the Secretary. 

12 (2) DEFINITIONS.—For purposes of paragraph 

13 (1)— 

14 (A) the term ‘‘community supported agri15 culture program’’ has the same meaning given 

16 the term ‘‘community supported agriculture 

17 (CSA) program’’ in section 249.2 of title 7, Code 

18 of Federal Regulations (or any successor regula19 tion); and 

20 (B) the term ‘‘consumer’’ does not include a 

21 business. 

22 (d) CONFORMING AMENDMENTS.— 

23 (1) Section 301(d) (21 U.S.C. 331(d)) is amend24 ed by inserting ‘‘415,’’ after ‘‘404,’’. 
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1 (2) Section 415(d), as redesignated by subsection 

2 (b), is amended by adding at the end before the period 

3 ‘‘for a facility to be registered, except with respect to 

4 the reinstatement of a registration that is suspended 

5 under subsection (b)’’. 

6 SEC. 6103. HAZARD ANALYSIS AND RISK-BASED PREVEN7 TIVE CONTROLS. 

8 (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et seq.) 

9 is amended by adding at the end the following: 

10 ‘‘SEC. 418. HAZARD ANALYSIS AND RISK-BASED PREVEN11 TIVE CONTROLS. 

12 ‘‘(a) IN GENERAL.—The owner, operator, or agent in 

13 charge of a facility shall, in accordance with this section, 

14 evaluate the hazards that could affect food manufactured, 

15 processed, packed, or held by such facility, identify and im16 plement preventive controls to significantly minimize or 

17 prevent the occurrence of such hazards and provide assur18 ances that such food is not adulterated under section 402 

19 or misbranded under section 403(w), monitor the perform20 ance of those controls, and maintain records of this moni21 toring as a matter of routine practice. 

22 ‘‘(b) HAZARD ANALYSIS.—The owner, operator, or 

23 agent in charge of a facility shall— 
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1 ‘‘(1) identify and evaluate known or reasonably 

2 foreseeable hazards that may be associated with the 

3 facility, including— 

4 ‘‘(A) biological, chemical, physical, and ra5 diological hazards, natural toxins, pesticides, 

6 drug residues, decomposition, parasites, aller7 gens, and unapproved food and color additives; 

8 and 

9 ‘‘(B) hazards that occur naturally, or may 

10 be unintentionally introduced; and 

11 ‘‘(2) identify and evaluate hazards that may be 

12 intentionally introduced, including by acts of ter13 rorism; and 

14 ‘‘(3) develop a written analysis of the hazards. 

15 ‘‘(c) PREVENTIVE CONTROLS.—The owner, operator, or 

16 agent in charge of a facility shall identify and implement 

17 preventive controls, including at critical control points, if 

18 any, to provide assurances that— 

19 ‘‘(1) hazards identified in the hazard analysis 

20 conducted under subsection (b)(1) will be significantly 

21 minimized or prevented; 

22 ‘‘(2) any hazards identified in the hazard anal23 ysis conducted under subsection (b)(2) will be signifi24 cantly minimized or prevented and addressed, con25 sistent with section 420, as applicable; and 
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1 ‘‘(3) the food manufactured, processed, packed, or 

2 held by such facility will not be adulterated under 

3 section 402 or misbranded under section 403(w). 

4 ‘‘(d) MONITORING OF EFFECTIVENESS.—The owner, 

5 operator, or agent in charge of a facility shall monitor the 

6 effectiveness of the preventive controls implemented under 

7 subsection (c) to provide assurances that the outcomes de8 scribed in subsection (c) shall be achieved. 

9 ‘‘(e) CORRECTIVE ACTIONS.—The owner, operator, or 

10 agent in charge of a facility shall establish procedures to 

11 ensure that, if the preventive controls implemented under 

12 subsection (c) are not properly implemented or are found 

13 to be ineffective— 

14 ‘‘(1) appropriate action is taken to reduce the 

15 likelihood of recurrence of the implementation failure; 

16 ‘‘(2) all affected food is evaluated for safety; and 

17 ‘‘(3) all affected food is prevented from entering 

18 into commerce if the owner, operator, or agent in 

19 charge of such facility cannot ensure that the affected 

20 food is not adulterated under section 402 or mis21 branded under section 403(w). 

22 ‘‘(f) VERIFICATION.—The owner, operator, or agent in 

23 charge of a facility shall verify that— 
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1 ‘‘(1) the preventive controls implemented under 

2 subsection (c) are adequate to control the hazards 

3 identified under subsection (b); 

4 ‘‘(2) the owner, operator, or agent is conducting 

5 monitoring in accordance with subsection (d); 

6 ‘‘(3) the owner, operator, or agent is making ap7 propriate decisions about corrective actions taken 

8 under subsection (e); 

9 ‘‘(4) the preventive controls implemented under 

10 subsection (c) are effectively and significantly mini11 mizing or preventing the occurrence of identified haz12 ards, including through the use of environmental and 

13 product testing programs and other appropriate 

14 means; and 

15 ‘‘(5) there is documented, periodic reanalysis of 

16 the plan under subsection (i) to ensure that the plan 

17 is still relevant to the raw materials, conditions, and 

18 processes in the facility, and new and emerging 

19 threats. 

20 ‘‘(g) RECORDKEEPING.—The owner, operator, or agent 

21 in charge of a facility shall maintain, for not less than 2 

22 years, records documenting the monitoring of the preventive 

23 controls implemented under subsection (c), instances of non24 conformance material to food safety, the results of testing 

25 and other appropriate means of verification under sub-
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1 section (f)(4), instances when corrective actions were imple2 mented, and the efficacy of preventive controls and correc3 tive actions. 

4 ‘‘(h) WRITTEN PLAN AND DOCUMENTATION.—The 

5 owner, operator, or agent in charge of a facility shall pre6 pare a written plan that documents and describes the proce7 dures used by the facility to comply with the requirements 

8 of this section, including analyzing the hazards under sub9 section (b) and identifying the preventive controls adopted 

10 under subsection (c) to address those hazards. Such written 

11 plan, together with the documentation described in sub12 section (g), shall be made promptly available to a duly au13 thorized representative of the Secretary upon oral or written 

14 request. 

15 ‘‘(i) REQUIREMENT TO REANALYZE.—The owner, op16 erator, or agent in charge of a facility shall conduct a rea17 nalysis under subsection (b) whenever a significant change 

18 is made in the activities conducted at a facility operated 

19 by such owner, operator, or agent if the change creates a 

20 reasonable potential for a new hazard or a significant in21 crease in a previously identified hazard or not less fre22 quently than once every 3 years, whichever is earlier. Such 

23 reanalysis shall be completed and additional preventive 

24 controls needed to address the hazard identified, if any, 

25 shall be implemented before the change in activities at the 
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1 facility is operative. Such owner, operator, or agent shall 

2 revise the written plan required under subsection (h) if such 

3 a significant change is made or document the basis for the 

4 conclusion that no additional or revised preventive controls 

5 are needed. The Secretary may require a reanalysis under 

6 this section to respond to new hazards and developments 

7 in scientific understanding, including, as appropriate, re8 sults from the Department of Homeland Security biological, 

9 chemical, radiological, or other terrorism risk assessment. 

10 ‘‘(j) EXEMPTION FOR SEAFOOD, JUICE, AND LOW-ACID

11 CANNED FOOD FACILITIES SUBJECT TO HACCP.— 

12 ‘‘(1) IN GENERAL.—This section shall not apply 

13 to a facility if the owner, operator, or agent in charge 

14 of such facility is required to comply with, and is in 

15 compliance with, 1 of the following standards and 

16 regulations with respect to such facility: 

17 ‘‘(A) The Seafood Hazard Analysis Critical 

18 Control Points Program of the Food and Drug 

19 Administration. 

20 ‘‘(B) The Juice Hazard Analysis Critical 

21 Control Points Program of the Food and Drug 

22 Administration. 

23 ‘‘(C) The Thermally Processed Low-Acid 

24 Foods Packaged in Hermetically Sealed Con-
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1 tainers standards of the Food and Drug Admin2 istration (or any successor standards). 

3 ‘‘(2) APPLICABILITY.—The exemption under 

4 paragraph (1)(C) shall apply only with respect to 

5 microbiological hazards that are regulated under the 

6 standards for Thermally Processed Low-Acid Foods 

7 Packaged in Hermetically Sealed Containers under 

8 part 113 of chapter 21, Code of Federal Regulations 

9 (or any successor regulations). 

10 ‘‘(k) EXCEPTION FOR ACTIVITIES OF FACILITIES SUB11 JECT TO SECTION 419.—This section shall not apply to ac12 tivities of a facility that are subject to section 419. 

13 ‘‘(l) MODIFIED REQUIREMENTS FOR QUALIFIED FA14 CILITIES.— 

15 ‘‘(1) QUALIFIED FACILITIES.— 

16 ‘‘(A) IN GENERAL.—A facility is a qualified 

17 facility for purposes of this subsection if the fa18 cility meets the conditions under subparagraph 

19 (B) or (C). 

20 ‘‘(B) VERY SMALL BUSINESS.—A facility is 

21 a qualified facility under this subparagraph— 

22 ‘‘(i) if the facility, including any sub23 sidiary or affiliate of the facility, is, collec24 tively, a very small business (as defined in 
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1 the regulations promulgated under sub2 section (n)); and 

3 ‘‘(ii) in the case where the facility is a 

4 subsidiary or affiliate of an entity, if such 

5 subsidiaries or affiliates, are, collectively, a 

6 very small business (as so defined). 

7 ‘‘(C) LIMITED ANNUAL MONETARY VALUE OF

8 SALES.— 

9 ‘‘(i) IN GENERAL.—A facility is a 

10 qualified facility under this subparagraph 

11 if clause (ii) applies— 

12 ‘‘(I) to the facility, including any 

13 subsidiary or affiliate of the facility, 

14 collectively; and 

15 ‘‘(II) to the subsidiaries or affili16 ates, collectively, of any entity of which 

17 the facility is a subsidiary or affiliate. 

18 ‘‘(ii) AVERAGE ANNUAL MONETARY

19 VALUE.—This clause applies if— 

20 ‘‘(I) during the 3-year period pre21 ceding the applicable calendar year, 

22 the average annual monetary value of 

23 the food manufactured, processed, 

24 packed, or held at such facility (or the 

25 collective average annual monetary 
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1 value of such food at any subsidiary or 

2 affiliate, as described in clause (i)) 

3 that is sold directly to qualified end4 users during such period exceeded the 

5 average annual monetary value of the 

6 food manufactured, processed, packed, 

7 or held at such facility (or the collec8 tive average annual monetary value of 

9 such food at any subsidiary or affil10 iate, as so described) sold by such facil11 ity (or collectively by any such sub12 sidiary or affiliate) to all other pur13 chasers during such period; and 

14 ‘‘(II) the average annual mone15 tary value of all food sold by such fa16 cility (or the collective average annual 

17 monetary value of such food sold by 

18 any subsidiary or affiliate, as de19 scribed in clause (i)) during such pe20 riod was less than $500,000, adjusted 

21 for inflation. 

22 ‘‘(2) EXEMPTION.—A qualified facility— 

23 ‘‘(A) shall not be subject to the requirements 

24 under subsections (a) through (i) and subsection 

25 (n) in an applicable calendar year; and 
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1 ‘‘(B) shall submit to the Secretary— 

2 ‘‘(i)(I) documentation that dem3 onstrates that the owner, operator, or agent 

4 in charge of the facility has identified po5 tential hazards associated with the food 

6 being produced, is implementing preventive 

7 controls to address the hazards, and is mon8 itoring the preventive controls to ensure 

9 that such controls are effective; or 

10 ‘‘(II) documentation (which may in11 clude licenses, inspection reports, certifi12 cates, permits, credentials, certification by 

13 an appropriate agency (such as a State de14 partment of agriculture), or other evidence 

15 of oversight), as specified by the Secretary, 

16 that the facility is in compliance with 

17 State, local, county, or other applicable 

18 non-Federal food safety law; and 

19 ‘‘(ii) documentation, as specified by the 

20 Secretary in a guidance document issued 

21 not later than 1 year after the date of enact22 ment of this section, that the facility is a 

23 qualified facility under paragraph (1)(B) or 

24 (1)(C). 

25 ‘‘(3) WITHDRAWAL; RULE OF CONSTRUCTION.— 
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1 ‘‘(A) IN GENERAL.—In the event of an ac2 tive investigation of a foodborne illness outbreak 

3 that is directly linked to a qualified facility sub4 ject to an exemption under this subsection, or if 

5 the Secretary determines that it is necessary to 

6 protect the public health and prevent or mitigate 

7 a foodborne illness outbreak based on conduct or 

8 conditions associated with a qualified facility 

9 that are material to the safety of the food manu10 factured, processed, packed, or held at such facil11 ity, the Secretary may withdraw the exemption 

12 provided to such facility under this subsection. 

13 ‘‘(B) RULE OF CONSTRUCTION.—Nothing in 

14 this subsection shall be construed to expand or 

15 limit the inspection authority of the Secretary. 

16 ‘‘(4) DEFINITIONS.—In this subsection: 

17 ‘‘(A) AFFILIATE.—The term ‘affiliate’ 

18 means any facility that controls, is controlled by, 

19 or is under common control with another facil20 ity. 

21 ‘‘(B) QUALIFIED END-USER.—The term 

22 ‘qualified end-user’, with respect to a food, 

23 means— 

24 ‘‘(i) the consumer of the food; or 
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1 ‘‘(ii) a restaurant or retail food estab2 lishment (as those terms are defined by the 

3 Secretary for purposes of section 415) 

4 that— 

5 ‘‘(I) is located— 

6 ‘‘(aa) in the same State as 

7 the qualified facility that sold the 

8 food to such restaurant or estab9 lishment; or 

10 ‘‘(bb) not more than 275 

11 miles from such facility; and 

12 ‘‘(II) is purchasing the food for 

13 sale directly to consumers at such res14 taurant or retail food establishment. 

15 ‘‘(C) CONSUMER.—For purposes of subpara16 graph (B), the term ‘consumer’ does not include 

17 a business. 

18 ‘‘(D) SUBSIDIARY.—The term ‘subsidiary’ 

19 means any company which is owned or con20 trolled directly or indirectly by another com21 pany. 

22 ‘‘(5) STUDY.— 

23 ‘‘(A) IN GENERAL.—The Secretary, in con24 sultation with the Secretary of Agriculture, shall 
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1 conduct a study of the food processing sector reg2 ulated by the Secretary to determine— 

3 ‘‘(i) the distribution of food production 

4 by type and size of operation, including 

5 monetary value of food sold; 

6 ‘‘(ii) the proportion of food produced 

7 by each type and size of operation; 

8 ‘‘(iii) the number and types of food fa9 cilities co-located on farms, including the 

10 number and proportion by commodity and 

11 by manufacturing or processing activity; 

12 ‘‘(iv) the incidence of foodborne illness 

13 originating from each size and type of oper14 ation and the type of food facilities for 

15 which no reported or known hazard exists; 

16 and 

17 ‘‘(v) the effect on foodborne illness risk 

18 associated with commingling, processing, 

19 transporting, and storing food and raw ag20 ricultural commodities, including dif21 ferences in risk based on the scale and dura22 tion of such activities. 

23 ‘‘(B) SIZE.—The results of the study con24 ducted under subparagraph (A) shall include the 

25 information necessary to enable the Secretary to 
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1 define the terms ‘small business’ and ‘very small 

2 business’, for purposes of promulgating the regu3 lation under subsection (n). In defining such 

4 terms, the Secretary shall include consideration 

5 of harvestable acres, income, the number of em6 ployees, and the volume of food harvested. 

7 ‘‘(C) SUBMISSION OF REPORT.—Not later 

8 than 18 months after the date of enactment the 

9 FDA Food Safety Modernization Act, the Sec10 retary shall submit to Congress a report that de11 scribes the results of the study conducted under 

12 subparagraph (A). 

13 ‘‘(6) NO PREEMPTION.—Nothing in this sub14 section preempts State, local, county, or other non15 Federal law regarding the safe production of food. 

16 Compliance with this subsection shall not relieve any 

17 person from liability at common law or under State 

18 statutory law. 

19 ‘‘(7) NOTIFICATION TO CONSUMERS.— 

20 ‘‘(A) IN GENERAL.—A qualified facility that 

21 is exempt from the requirements under sub22 sections (a) through (i) and subsection (n) and 

23 does not prepare documentation under para24 graph (2)(B)(i)(I) shall— 
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1 ‘‘(i) with respect to a food for which a 

2 food packaging label is required by the Sec3 retary under any other provision of this 

4 Act, include prominently and conspicuously 

5 on such label the name and business address 

6 of the facility where the food was manufac7 tured or processed; or 

8 ‘‘(ii) with respect to a food for which 

9 a food packaging label is not required by 

10 the Secretary under any other provisions of 

11 this Act, prominently and conspicuously 

12 display, at the point of purchase, the name 

13 and business address of the facility where 

14 the food was manufactured or processed, on 

15 a label, poster, sign, placard, or documents 

16 delivered contemporaneously with the food 

17 in the normal course of business, or, in the 

18 case of Internet sales, in an electronic no19 tice. 

20 ‘‘(B) NO ADDITIONAL LABEL.—Subpara21 graph (A) does not provide authority to the Sec22 retary to require a label that is in addition to 

23 any label required under any other provision of 

24 this Act. 
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1 ‘‘(m) AUTHORITY WITH RESPECT TO CERTAIN FACILI2 TIES.—The Secretary may, by regulation, exempt or modify 

3 the requirements for compliance under this section with re4 spect to facilities that are solely engaged in the production 

5 of food for animals other than man, the storage of raw agri6 cultural commodities (other than fruits and vegetables) in7 tended for further distribution or processing, or the storage 

8 of packaged foods that are not exposed to the environment. 

9 ‘‘(n) REGULATIONS.— 

10 ‘‘(1) IN GENERAL.—Not later than 18 months 

11 after the date of enactment of the FDA Food Safety 

12 Modernization Act, the Secretary shall promulgate 

13 regulations— 

14 ‘‘(A) to establish science-based minimum 

15 standards for conducting a hazard analysis, doc16 umenting hazards, implementing preventive con17 trols, and documenting the implementation of 

18 the preventive controls under this section; and 

19 ‘‘(B) to define, for purposes of this section, 

20 the terms ‘small business’ and ‘very small busi21 ness’, taking into consideration the study de22 scribed in subsection (l)(5). 

23 ‘‘(2) COORDINATION.—In promulgating the regu24 lations under paragraph (1)(A), with regard to haz25 ards that may be intentionally introduced, including 
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1 by acts of terrorism, the Secretary shall coordinate 

2 with the Secretary of Homeland Security, as appro3 priate. 

4 ‘‘(3) CONTENT.—The regulations promulgated 

5 under paragraph (1)(A) shall— 

6 ‘‘(A) provide sufficient flexibility to be prac7 ticable for all sizes and types of facilities, includ8 ing small businesses such as a small food proc9 essing facility co-located on a farm; 

10 ‘‘(B) comply with chapter 35 of title 44, 

11 United States Code (commonly known as the 

12 ‘Paperwork Reduction Act’), with special atten13 tion to minimizing the burden (as defined in sec14 tion 3502(2) of such Act) on the facility, and col15 lection of information (as defined in section 

16 3502(3) of such Act), associated with such regu17 lations; 

18 ‘‘(C) acknowledge differences in risk and 

19 minimize, as appropriate, the number of sepa20 rate standards that apply to separate foods; and 

21 ‘‘(D) not require a facility to hire a consult22 ant or other third party to identify, implement, 

23 certify, or audit preventative controls, except in 

24 the case of negotiated enforcement resolutions 
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1 that may require such a consultant or third 

2 party. 

3 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection shall be construed to provide the Secretary 

5 with the authority to prescribe specific technologies, 

6 practices, or critical controls for an individual facil7 ity. 

8 ‘‘(5) REVIEW.—In promulgating the regulations 

9 under paragraph (1)(A), the Secretary shall review 

10 regulatory hazard analysis and preventive control 

11 programs in existence on the date of enactment of the 

12 FDA Food Safety Modernization Act, including the 

13 Grade ‘A’ Pasteurized Milk Ordinance to ensure that 

14 such regulations are consistent, to the extent prac15 ticable, with applicable domestic and internationally 

16 recognized standards in existence on such date. 

17 ‘‘(o) DEFINITIONS.—For purposes of this section: 

18 ‘‘(1) CRITICAL CONTROL POINT.—The term ‘crit19 ical control point’ means a point, step, or procedure 

20 in a food process at which control can be applied and 

21 is essential to prevent or eliminate a food safety haz22 ard or reduce such hazard to an acceptable level. 

23 ‘‘(2) FACILITY.—The term ‘facility’ means a do24 mestic facility or a foreign facility that is required to 

25 register under section 415. 
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1 ‘‘(3) PREVENTIVE CONTROLS.—The term ‘preven2 tive controls’ means those risk-based, reasonably ap3 propriate procedures, practices, and processes that a 

4 person knowledgeable about the safe manufacturing, 

5 processing, packing, or holding of food would employ 

6 to significantly minimize or prevent the hazards iden7 tified under the hazard analysis conducted under sub8 section (b) and that are consistent with the current 

9 scientific understanding of safe food manufacturing, 

10 processing, packing, or holding at the time of the 

11 analysis. Those procedures, practices, and processes 

12 may include the following: 

13 ‘‘(A) Sanitation procedures for food contact 

14 surfaces and utensils and food-contact surfaces of 

15 equipment. 

16 ‘‘(B) Supervisor, manager, and employee 

17 hygiene training. 

18 ‘‘(C) An environmental monitoring pro19 gram to verify the effectiveness of pathogen con20 trols in processes where a food is exposed to a po21 tential contaminant in the environment. 

22 ‘‘(D) A food allergen control program. 

23 ‘‘(E) A recall plan. 
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1 ‘‘(F) Current Good Manufacturing Practices 

2 (cGMPs) under part 110 of title 21, Code of Fed3 eral Regulations (or any successor regulations). 

4 ‘‘(G) Supplier verification activities that re5 late to the safety of food.’’. 

6 (b) GUIDANCE DOCUMENT.—The Secretary shall issue 

7 a guidance document related to the regulations promulgated 

8 under subsection (b)(1) with respect to the hazard analysis 

9 and preventive controls under section 418 of the Federal 

10 Food, Drug, and Cosmetic Act (as added by subsection (a)). 

11 (c) RULEMAKING.— 

12 (1) PROPOSED RULEMAKING.— 

13 (A) IN GENERAL.—Not later than 9 months 

14 after the date of enactment of this Act, the Sec15 retary of Health and Human Services (referred 

16 to in this subsection as the ‘‘Secretary’’) shall 

17 publish a notice of proposed rulemaking in the 

18 Federal Register to promulgate regulations with 

19 respect to— 

20 (i) activities that constitute on-farm 

21 packing or holding of food that is not 

22 grown, raised, or consumed on such farm or 

23 another farm under the same ownership for 

24 purposes of section 415 of the Federal Food, 
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1 Drug, and Cosmetic Act (21 U.S.C. 350d), 

2 as amended by this Act; and 

3 (ii) activities that constitute on-farm 

4 manufacturing or processing of food that is 

5 not consumed on that farm or on another 

6 farm under common ownership for purposes 

7 of such section 415. 

8 (B) CLARIFICATION.—The rulemaking de9 scribed under subparagraph (A) shall enhance 

10 the implementation of such section 415 and clar11 ify the activities that are included as part of the 

12 definition of the term ‘‘facility’’ under such sec13 tion 415. Nothing in this Act authorizes the Sec14 retary to modify the definition of the term ‘‘facil15 ity’’ under such section. 

16 (C) SCIENCE-BASED RISK ANALYSIS.—In 

17 promulgating regulations under subparagraph 

18 (A), the Secretary shall conduct a science-based 

19 risk analysis of— 

20 (i) specific types of on-farm packing or 

21 holding of food that is not grown, raised, or 

22 consumed on such farm or another farm 

23 under the same ownership, as such packing 

24 and holding relates to specific foods; and 
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1 (ii) specific on-farm manufacturing 

2 and processing activities as such activities 

3 relate to specific foods that are not con4 sumed on that farm or on another farm 

5 under common ownership. 

6 (D) AUTHORITY WITH RESPECT TO CERTAIN

7 FACILITIES.— 

8 (i) IN GENERAL.—In promulgating the 

9 regulations under subparagraph (A), the 

10 Secretary shall consider the results of the 

11 science-based risk analysis conducted under 

12 subparagraph (C), and shall exempt certain 

13 facilities from the requirements in section 

14 418 of the Federal Food, Drug, and Cos15 metic Act (as added by this section), includ16 ing hazard analysis and preventive controls, 

17 and the mandatory inspection frequency in 

18 section 421 of such Act (as added by section 

19 6201), or modify the requirements in such 

20 sections 418 or 421, as the Secretary deter21 mines appropriate, if such facilities are en22 gaged only in specific types of on-farm 

23 manufacturing, processing, packing, or 

24 holding activities that the Secretary deter-
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1 mines to be low risk involving specific foods 

2 the Secretary determines to be low risk. 

3 (ii) LIMITATION.—The exemptions or 

4 modifications under clause (i) shall not in5 clude an exemption from the requirement to 

6 register under section 415 of the Federal 

7 Food, Drug, and Cosmetic Act (21 U.S.C. 

8 350d), as amended by this Act, if applica9 ble, and shall apply only to small businesses 

10 and very small businesses, as defined in the 

11 regulation promulgated under section 

12 418(n) of the Federal Food, Drug, and Cos13 metic Act (as added under subsection (a)). 

14 (2) FINAL REGULATIONS.—Not later than 9 

15 months after the close of the comment period for the 

16 proposed rulemaking under paragraph (1), the Sec17 retary shall adopt final rules with respect to— 

18 (A) activities that constitute on-farm pack19 ing or holding of food that is not grown, raised, 

20 or consumed on such farm or another farm 

21 under the same ownership for purposes of section 

22 415 of the Federal Food, Drug, and Cosmetic Act 

23 (21 U.S.C. 350d), as amended by this Act; 

24 (B) activities that constitute on-farm manu25 facturing or processing of food that is not con-
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1 sumed on that farm or on another farm under 

2 common ownership for purposes of such section 

3 415; and 

4 (C) the requirements under sections 418 and 

5 421 of the Federal Food, Drug, and Cosmetic 

6 Act, as added by this Act, from which the Sec7 retary may issue exemptions or modifications of 

8 the requirements for certain types of facilities. 

9 (d) SMALL ENTITY COMPLIANCE POLICY GUIDE.—Not 

10 later than 180 days after the issuance of the regulations 

11 promulgated under subsection (n) of section 418 of the Fed12 eral Food, Drug, and Cosmetic Act (as added by subsection 

13 (a)), the Secretary shall issue a small entity compliance 

14 policy guide setting forth in plain language the require15 ments of such section 418 and this section to assist small 

16 entities in complying with the hazard analysis and other 

17 activities required under such section 418 and this section. 

18 (e) PROHIBITED ACTS.—Section 301 (21 U.S.C. 331) 

19 is amended by adding at the end the following: 

20 ‘‘(uu) The operation of a facility that manufactures, 

21 processes, packs, or holds food for sale in the United States 

22 if the owner, operator, or agent in charge of such facility 

23 is not in compliance with section 418.’’. 

24 (f) NO EFFECT ON HACCP AUTHORITIES.—Nothing 

25 in the amendments made by this section limits the author-
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1 ity of the Secretary under the Federal Food, Drug, and Cos2 metic Act (21 U.S.C. 301 et seq.) or the Public Health Serv3 ice Act (42 U.S.C. 201 et seq.) to revise, issue, or enforce 

4 Hazard Analysis Critical Control programs and the Ther5 mally Processed Low-Acid Foods Packaged in Hermetically 

6 Sealed Containers standards. 

7 (g) DIETARY SUPPLEMENTS.—Nothing in the amend8 ments made by this section shall apply to any facility with 

9 regard to the manufacturing, processing, packing, or hold10 ing of a dietary supplement that is in compliance with the 

11 requirements of sections 402(g)(2) and 761 of the Federal 

12 Food, Drug, and Cosmetic Act (21 U.S.C. 342(g)(2), 379aa– 

13 1). 

14 (h) UPDATING GUIDANCE RELATING TO FISH AND

15 FISHERIES PRODUCTS HAZARDS AND CONTROLS.—The 

16 Secretary shall, not later than 180 days after the date of 

17 enactment of this Act, update the Fish and Fisheries Prod18 ucts Hazards and Control Guidance to take into account 

19 advances in technology that have occurred since the pre20 vious publication of such Guidance by the Secretary. 

21 (i) EFFECTIVE DATES.— 

22 (1) GENERAL RULE.—The amendments made by 

23 this section shall take effect 18 months after the date 

24 of enactment of this Act. 
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1 (2) FLEXIBILITY FOR SMALL BUSINESSES.—Not2 withstanding paragraph (1)— 

3 (A) the amendments made by this section 

4 shall apply to a small business (as defined in the 

5 regulations promulgated under section 418(n) of 

6 the Federal Food, Drug, and Cosmetic Act (as 

7 added by this section)) beginning on the date 

8 that is 6 months after the effective date of such 

9 regulations; and 

10 (B) the amendments made by this section 

11 shall apply to a very small business (as defined 

12 in such regulations) beginning on the date that 

13 is 18 months after the effective date of such regu14 lations. 

15 SEC. 6104. PERFORMANCE STANDARDS. 

16 (a) IN GENERAL.—The Secretary shall, in coordina17 tion with the Secretary of Agriculture, not less frequently 

18 than every 2 years, review and evaluate relevant health data 

19 and other relevant information, including from toxi20 cological and epidemiological studies and analyses, current 

21 Good Manufacturing Practices issued by the Secretary re22 lating to food, and relevant recommendations of relevant 

23 advisory committees, including the Food Advisory Com24 mittee, to determine the most significant foodborne contami25 nants. 
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1 (b) GUIDANCE DOCUMENTS AND REGULATIONS.— 

2 Based on the review and evaluation conducted under sub3 section (a), and when appropriate to reduce the risk of seri4 ous illness or death to humans or animals or to prevent 

5 adulteration of the food under section 402 of the Federal 

6 Food, Drug, or Cosmetic Act (21 U.S.C. 342) or to prevent 

7 the spread by food of communicable disease under section 

8 361 of the Public Health Service Act (42 U.S.C. 264), the 

9 Secretary shall issue contaminant-specific and science10 based guidance documents, including guidance documents 

11 regarding action levels, or regulations. Such guidance, in12 cluding guidance regarding action levels, or regulations— 

13 (1) shall apply to products or product classes; 

14 (2) shall, where appropriate, differentiate be15 tween food for human consumption and food intended 

16 for consumption by animals other than humans; and 

17 (3) shall not be written to be facility-specific. 

18 (c) NO DUPLICATION OF EFFORTS.—The Secretary 

19 shall coordinate with the Secretary of Agriculture to avoid 

20 issuing duplicative guidance on the same contaminants. 

21 (d) REVIEW.—The Secretary shall periodically review 

22 and revise, as appropriate, the guidance documents, includ23 ing guidance documents regarding action levels, or regula24 tions promulgated under this section. 
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1 SEC. 6105. STANDARDS FOR PRODUCE SAFETY. 

2 (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et seq.), 

3 as amended by section 6103, is amended by adding at the 

4 end the following: 

5 ‘‘SEC. 419. STANDARDS FOR PRODUCE SAFETY. 

6 ‘‘(a) PROPOSED RULEMAKING.— 

7 ‘‘(1) IN GENERAL.— 

8 ‘‘(A) RULEMAKING.—Not later than 1 year 

9 after the date of enactment of the FDA Food 

10 Safety Modernization Act, the Secretary, in co11 ordination with the Secretary of Agriculture and 

12 representatives of State departments of agri13 culture (including with regard to the national 

14 organic program established under the Organic 

15 Foods Production Act of 1990), and in consulta16 tion with the Secretary of Homeland Security, 

17 shall publish a notice of proposed rulemaking to 

18 establish science-based minimum standards for 

19 the safe production and harvesting of those types 

20 of fruits and vegetables, including specific mixes 

21 or categories of fruits and vegetables, that are 

22 raw agricultural commodities for which the Sec23 retary has determined that such standards mini24 mize the risk of serious adverse health con25 sequences or death. 
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1 ‘‘(B) DETERMINATION BY SECRETARY.— 

2 With respect to small businesses and very small 

3 businesses (as such terms are defined in the regu4 lation promulgated under subparagraph (A)) 

5 that produce and harvest those types of fruits 

6 and vegetables that are raw agricultural com7 modities that the Secretary has determined are 

8 low risk and do not present a risk of serious ad9 verse health consequences or death, the Secretary 

10 may determine not to include production and 

11 harvesting of such fruits and vegetables in such 

12 rulemaking, or may modify the applicable re13 quirements of regulations promulgated pursuant 

14 to this section. 

15 ‘‘(2) PUBLIC INPUT.—During the comment pe16 riod on the notice of proposed rulemaking under 

17 paragraph (1), the Secretary shall conduct not less 

18 than 3 public meetings in diverse geographical areas 

19 of the United States to provide persons in different 

20 regions an opportunity to comment. 

21 ‘‘(3) CONTENT.—The proposed rulemaking under 

22 paragraph (1) shall— 

23 ‘‘(A) provide sufficient flexibility to be ap24 plicable to various types of entities engaged in 

25 the production and harvesting of fruits and vege-
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1 tables that are raw agricultural commodities, in2 cluding small businesses and entities that sell di3 rectly to consumers, and be appropriate to the 

4 scale and diversity of the production and har5 vesting of such commodities; 

6 ‘‘(B) include, with respect to growing, har7 vesting, sorting, packing, and storage operations, 

8 science-based minimum standards related to soil 

9 amendments, hygiene, packaging, temperature 

10 controls, animals in the growing area, and 

11 water; 

12 ‘‘(C) consider hazards that occur naturally, 

13 may be unintentionally introduced, or may be 

14 intentionally introduced, including by acts of 

15 terrorism; 

16 ‘‘(D) take into consideration, consistent 

17 with ensuring enforceable public health protec18 tion, conservation and environmental practice 

19 standards and policies established by Federal 

20 natural resource conservation, wildlife conserva21 tion, and environmental agencies; 

22 ‘‘(E) in the case of production that is cer23 tified organic, not include any requirements that 

24 conflict with or duplicate the requirements of the 

25 national organic program established under the 
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1 Organic Foods Production Act of 1990, while 

2 providing the same level of public health protec3 tion as the requirements under guidance docu4 ments, including guidance documents regarding 

5 action levels, and regulations under the FDA 

6 Food Safety Modernization Act; and 

7 ‘‘(F) define, for purposes of this section, the 

8 terms ‘small business’ and ‘very small business’. 

9 ‘‘(4) PRIORITIZATION.—The Secretary shall 

10 prioritize the implementation of the regulations under 

11 this section for specific fruits and vegetables that are 

12 raw agricultural commodities based on known risks 

13 which may include a history and severity of 

14 foodborne illness outbreaks. 

15 ‘‘(b) FINAL REGULATION.— 

16 ‘‘(1) IN GENERAL.—Not later than 1 year after 

17 the close of the comment period for the proposed rule18 making under subsection (a), the Secretary shall 

19 adopt a final regulation to provide for minimum 

20 science-based standards for those types of fruits and 

21 vegetables, including specific mixes or categories of 

22 fruits or vegetables, that are raw agricultural com23 modities, based on known safety risks, which may in24 clude a history of foodborne illness outbreaks. 
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1 ‘‘(2) FINAL REGULATION.—The final regulation 

2 shall— 

3 ‘‘(A) provide for coordination of education 

4 and enforcement activities by State and local of5 ficials, as designated by the Governors of the re6 spective States or the appropriate elected State 

7 official as recognized by State statute; and 

8 ‘‘(B) include a description of the variance 

9 process under subsection (c) and the types of per10 missible variances the Secretary may grant. 

11 ‘‘(3) FLEXIBILITY FOR SMALL BUSINESSES.— 

12 Notwithstanding paragraph (1)— 

13 ‘‘(A) the regulations promulgated under this 

14 section shall apply to a small business (as de15 fined in the regulation promulgated under sub16 section (a)(1)) after the date that is 1 year after 

17 the effective date of the final regulation under 

18 paragraph (1); and 

19 ‘‘(B) the regulations promulgated under this 

20 section shall apply to a very small business (as 

21 defined in the regulation promulgated under sub22 section (a)(1)) after the date that is 2 years after 

23 the effective date of the final regulation under 

24 paragraph (1). 

25 ‘‘(c) CRITERIA.— 
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1 ‘‘(1) IN GENERAL.—The regulations adopted 

2 under subsection (b) shall— 

3 ‘‘(A) set forth those procedures, processes, 

4 and practices that the Secretary determines to 

5 minimize the risk of serious adverse health con6 sequences or death, including procedures, proc7 esses, and practices that the Secretary determines 

8 to be reasonably necessary to prevent the intro9 duction of known or reasonably foreseeable bio10 logical, chemical, and physical hazards, includ11 ing hazards that occur naturally, may be unin12 tentionally introduced, or may be intentionally 

13 introduced, including by acts of terrorism, into 

14 fruits and vegetables, including specific mixes or 

15 categories of fruits and vegetables, that are raw 

16 agricultural commodities and to provide reason17 able assurances that the produce is not adulter18 ated under section 402; 

19 ‘‘(B) provide sufficient flexibility to be 

20 practicable for all sizes and types of businesses, 

21 including small businesses such as a small food 

22 processing facility co-located on a farm; 

23 ‘‘(C) comply with chapter 35 of title 44, 

24 United States Code (commonly known as the 

25 ‘Paperwork Reduction Act’), with special atten-
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•HR 3082 EAH 

1 tion to minimizing the burden (as defined in sec2 tion 3502(2) of such Act) on the business, and 

3 collection of information (as defined in section 

4 3502(3) of such Act), associated with such regu5 lations; 

6 ‘‘(D) acknowledge differences in risk and 

7 minimize, as appropriate, the number of sepa8 rate standards that apply to separate foods; and 

9 ‘‘(E) not require a business to hire a con10 sultant or other third party to identify, imple11 ment, or certify compliance with these proce12 dures, processes, and practices, except in the case 

13 of negotiated enforcement resolutions that may 

14 require such a consultant or third party; and 

15 ‘‘(F) permit States and foreign countries 

16 from which food is imported into the United 

17 States to request from the Secretary variances 

18 from the requirements of the regulations, subject 

19 to paragraph (2), where the State or foreign 

20 country determines that the variance is necessary 

21 in light of local growing conditions and that the 

22 procedures, processes, and practices to be fol23 lowed under the variance are reasonably likely to 

24 ensure that the produce is not adulterated under 

25 section 402 and to provide the same level of pub-
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1 lic health protection as the requirements of the 

2 regulations adopted under subsection (b). 

3 ‘‘(2) VARIANCES.— 

4 ‘‘(A) REQUESTS FOR VARIANCES.—A State 

5 or foreign country from which food is imported 

6 into the United States may in writing request a 

7 variance from the Secretary. Such request shall 

8 describe the variance requested and present in9 formation demonstrating that the variance does 

10 not increase the likelihood that the food for which 

11 the variance is requested will be adulterated 

12 under section 402, and that the variance pro13 vides the same level of public health protection as 

14 the requirements of the regulations adopted 

15 under subsection (b). The Secretary shall review 

16 such requests in a reasonable timeframe. 

17 ‘‘(B) APPROVAL OF VARIANCES.—The Sec18 retary may approve a variance in whole or in 

19 part, as appropriate, and may specify the scope 

20 of applicability of a variance to other similarly 

21 situated persons. 

22 ‘‘(C) DENIAL OF VARIANCES.—The Sec23 retary may deny a variance request if the Sec24 retary determines that such variance is not rea25 sonably likely to ensure that the food is not adul-
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•HR 3082 EAH 

1 terated under section 402 and is not reasonably 

2 likely to provide the same level of public health 

3 protection as the requirements of the regulation 

4 adopted under subsection (b). The Secretary shall 

5 notify the person requesting such variance of the 

6 reasons for the denial. 

7 ‘‘(D) MODIFICATION OR REVOCATION OF A

8 VARIANCE.—The Secretary, after notice and an 

9 opportunity for a hearing, may modify or revoke 

10 a variance if the Secretary determines that such 

11 variance is not reasonably likely to ensure that 

12 the food is not adulterated under section 402 and 

13 is not reasonably likely to provide the same level 

14 of public health protection as the requirements of 

15 the regulations adopted under subsection (b). 

16 ‘‘(d) ENFORCEMENT.—The Secretary may coordinate 

17 with the Secretary of Agriculture and, as appropriate, shall 

18 contract and coordinate with the agency or department des19 ignated by the Governor of each State to perform activities 

20 to ensure compliance with this section. 

21 ‘‘(e) GUIDANCE.— 

22 ‘‘(1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of the FDA Food Safety Mod24 ernization Act, the Secretary shall publish, after con25 sultation with the Secretary of Agriculture, represent-
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1 atives of State departments of agriculture, farmer 

2 representatives, and various types of entities engaged 

3 in the production and harvesting or importing of 

4 fruits and vegetables that are raw agricultural com5 modities, including small businesses, updated good 

6 agricultural practices and guidance for the safe pro7 duction and harvesting of specific types of fresh 

8 produce under this section. 

9 ‘‘(2) PUBLIC MEETINGS.—The Secretary shall 

10 conduct not fewer than 3 public meetings in diverse 

11 geographical areas of the United States as part of an 

12 effort to conduct education and outreach regarding 

13 the guidance described in paragraph (1) for persons 

14 in different regions who are involved in the produc15 tion and harvesting of fruits and vegetables that are 

16 raw agricultural commodities, including persons that 

17 sell directly to consumers and farmer representatives, 

18 and for importers of fruits and vegetables that are 

19 raw agricultural commodities. 

20 ‘‘(3) PAPERWORK REDUCTION.—The Secretary 

21 shall ensure that any updated guidance under this 

22 section will— 

23 ‘‘(A) provide sufficient flexibility to be prac24 ticable for all sizes and types of facilities, includ-
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•HR 3082 EAH 

1 ing small businesses such as a small food proc2 essing facility co-located on a farm; and 

3 ‘‘(B) acknowledge differences in risk and 

4 minimize, as appropriate, the number of sepa5 rate standards that apply to separate foods. 

6 ‘‘(f) EXEMPTION FOR DIRECT FARM MARKETING.— 

7 ‘‘(1) IN GENERAL.—A farm shall be exempt from 

8 the requirements under this section in a calendar 

9 year if— 

10 ‘‘(A) during the previous 3-year period, the 

11 average annual monetary value of the food sold 

12 by such farm directly to qualified end-users dur13 ing such period exceeded the average annual 

14 monetary value of the food sold by such farm to 

15 all other buyers during such period; and 

16 ‘‘(B) the average annual monetary value of 

17 all food sold during such period was less than 

18 $500,000, adjusted for inflation. 

19 ‘‘(2) NOTIFICATION TO CONSUMERS.— 

20 ‘‘(A) IN GENERAL.—A farm that is exempt 

21 from the requirements under this section shall— 

22 ‘‘(i) with respect to a food for which a 

23 food packaging label is required by the Sec24 retary under any other provision of this 

25 Act, include prominently and conspicuously 
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•HR 3082 EAH 

1 on such label the name and business address 

2 of the farm where the produce was grown; 

3 or 

4 ‘‘(ii) with respect to a food for which 

5 a food packaging label is not required by 

6 the Secretary under any other provision of 

7 this Act, prominently and conspicuously 

8 display, at the point of purchase, the name 

9 and business address of the farm where the 

10 produce was grown, on a label, poster, sign, 

11 placard, or document delivered contempora12 neously with the food in the normal course 

13 of business, or, in the case of Internet sales, 

14 in an electronic notice. 

15 ‘‘(B) NO ADDITIONAL LABEL.—Subpara16 graph (A) does not provide authority to the Sec17 retary to require a label that is in addition to 

18 any label required under any other provision of 

19 this Act. 

20 ‘‘(3) WITHDRAWAL; RULE OF CONSTRUCTION.— 

21 ‘‘(A) IN GENERAL.—In the event of an ac22 tive investigation of a foodborne illness outbreak 

23 that is directly linked to a farm subject to an ex24 emption under this subsection, or if the Sec25 retary determines that it is necessary to protect 
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•HR 3082 EAH 

1 the public health and prevent or mitigate a 

2 foodborne illness outbreak based on conduct or 

3 conditions associated with a farm that are mate4 rial to the safety of the food produced or har5 vested at such farm, the Secretary may withdraw 

6 the exemption provided to such farm under this 

7 subsection. 

8 ‘‘(B) RULE OF CONSTRUCTION.—Nothing in 

9 this subsection shall be construed to expand or 

10 limit the inspection authority of the Secretary. 

11 ‘‘(4) DEFINITIONS.— 

12 ‘‘(A) QUALIFIED END-USER.—In this sub13 section, the term ‘qualified end-user’, with re14 spect to a food means— 

15 ‘‘(i) the consumer of the food; or 

16 ‘‘(ii) a restaurant or retail food estab17 lishment (as those terms are defined by the 

18 Secretary for purposes of section 415) that 

19 is located— 

20 ‘‘(I) in the same State as the farm 

21 that produced the food; or 

22 ‘‘(II) not more than 275 miles 

23 from such farm. 
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1 ‘‘(B) CONSUMER.—For purposes of subpara2 graph (A), the term ‘consumer’ does not include 

3 a business. 

4 ‘‘(5) NO PREEMPTION.—Nothing in this sub5 section preempts State, local, county, or other non6 Federal law regarding the safe production, harvesting, 

7 holding, transportation, and sale of fresh fruits and 

8 vegetables. Compliance with this subsection shall not 

9 relieve any person from liability at common law or 

10 under State statutory law. 

11 ‘‘(6) LIMITATION OF EFFECT.—Nothing in this 

12 subsection shall prevent the Secretary from exercising 

13 any authority granted in the other sections of this 

14 Act. 

15 ‘‘(g) CLARIFICATION.—This section shall not apply to 

16 produce that is produced by an individual for personal con17 sumption. 

18 ‘‘(h) EXCEPTION FOR ACTIVITIES OF FACILITIES SUB19 JECT TO SECTION 418.—This section shall not apply to ac20 tivities of a facility that are subject to section 418.’’. 

21 (b) SMALL ENTITY COMPLIANCE POLICY GUIDE.—Not 

22 later than 180 days after the issuance of regulations under 

23 section 419 of the Federal Food, Drug, and Cosmetic Act 

24 (as added by subsection (a)), the Secretary of Health and 

25 Human Services shall issue a small entity compliance pol-
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•HR 3082 EAH 

1 icy guide setting forth in plain language the requirements 

2 of such section 419 and to assist small entities in complying 

3 with standards for safe production and harvesting and 

4 other activities required under such section. 

5 (c) PROHIBITED ACTS.—Section 301 (21 U.S.C. 331), 

6 as amended by section 6103, is amended by adding at the 

7 end the following: 

8 ‘‘(vv) The failure to comply with the requirements 

9 under section 419.’’. 

10 (d) NO EFFECT ON HACCP AUTHORITIES.—Nothing 

11 in the amendments made by this section limits the author12 ity of the Secretary under the Federal Food, Drug, and Cos13 metic Act (21 U.S.C. 301 et seq.) or the Public Health Serv14 ice Act (42 U.S.C. 201 et seq.) to revise, issue, or enforce 

15 product and category-specific regulations, such as the Sea16 food Hazard Analysis Critical Controls Points Program, 

17 the Juice Hazard Analysis Critical Control Program, and 

18 the Thermally Processed Low-Acid Foods Packaged in Her19 metically Sealed Containers standards. 

20 SEC. 6106. PROTECTION AGAINST INTENTIONAL ADULTERA21 TION. 

22 (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et seq.), 

23 as amended by section 6105, is amended by adding at the 

24 end the following: 
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1 ‘‘SEC. 420. PROTECTION AGAINST INTENTIONAL ADULTERA2 TION. 

3 ‘‘(a) DETERMINATIONS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall— 

5 ‘‘(A) conduct a vulnerability assessment of 

6 the food system, including by consideration of 

7 the Department of Homeland Security biological, 

8 chemical, radiological, or other terrorism risk as9 sessments; 

10 ‘‘(B) consider the best available under11 standing of uncertainties, risks, costs, and bene12 fits associated with guarding against intentional 

13 adulteration of food at vulnerable points; and 

14 ‘‘(C) determine the types of science-based 

15 mitigation strategies or measures that are nec16 essary to protect against the intentional adulter17 ation of food. 

18 ‘‘(2) LIMITED DISTRIBUTION.—In the interest of 

19 national security, the Secretary, in consultation with 

20 the Secretary of Homeland Security, may determine 

21 the time, manner, and form in which determinations 

22 made under paragraph (1) are made publicly avail23 able. 

24 ‘‘(b) REGULATIONS.—Not later than 18 months after 

25 the date of enactment of the FDA Food Safety Moderniza26 tion Act, the Secretary, in coordination with the Secretary 
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1 of Homeland Security and in consultation with the Sec2 retary of Agriculture, shall promulgate regulations to pro3 tect against the intentional adulteration of food subject to 

4 this Act. Such regulations shall— 

5 ‘‘(1) specify how a person shall assess whether 

6 the person is required to implement mitigation strate7 gies or measures intended to protect against the in8 tentional adulteration of food; and 

9 ‘‘(2) specify appropriate science-based mitigation 

10 strategies or measures to prepare and protect the food 

11 supply chain at specific vulnerable points, as appro12 priate. 

13 ‘‘(c) APPLICABILITY.—Regulations promulgated under 

14 subsection (b) shall apply only to food for which there is 

15 a high risk of intentional contamination, as determined by 

16 the Secretary, in consultation with the Secretary of Home17 land Security, under subsection (a), that could cause serious 

18 adverse health consequences or death to humans or animals 

19 and shall include those foods— 

20 ‘‘(1) for which the Secretary has identified clear 

21 vulnerabilities (including short shelf-life or suscepti22 bility to intentional contamination at critical control 

23 points); and 

24 ‘‘(2) in bulk or batch form, prior to being pack25 aged for the final consumer. 
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1 ‘‘(d) EXCEPTION.—This section shall not apply to 

2 farms, except for those that produce milk. 

3 ‘‘(e) DEFINITION.—For purposes of this section, the 

4 term ‘farm’ has the meaning given that term in section 

5 1.227 of title 21, Code of Federal Regulations (or any suc6 cessor regulation).’’. 

7 (b) GUIDANCE DOCUMENTS.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act, the Secretary of 

10 Health and Human Services, in consultation with the 

11 Secretary of Homeland Security and the Secretary of 

12 Agriculture, shall issue guidance documents related to 

13 protection against the intentional adulteration of 

14 food, including mitigation strategies or measures to 

15 guard against such adulteration as required under 

16 section 420 of the Federal Food, Drug, and Cosmetic 

17 Act, as added by subsection (a). 

18 (2) CONTENT.—The guidance documents issued 

19 under paragraph (1) shall— 

20 (A) include a model assessment for a person 

21 to use under subsection (b)(1) of section 420 of 

22 the Federal Food, Drug, and Cosmetic Act, as 

23 added by subsection (a); 
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1 (B) include examples of mitigation strate2 gies or measures described in subsection (b)(2) of 

3 such section; and 

4 (C) specify situations in which the examples 

5 of mitigation strategies or measures described in 

6 subsection (b)(2) of such section are appropriate. 

7 (3) LIMITED DISTRIBUTION.—In the interest of 

8 national security, the Secretary of Health and 

9 Human Services, in consultation with the Secretary 

10 of Homeland Security, may determine the time, man11 ner, and form in which the guidance documents 

12 issued under paragraph (1) are made public, includ13 ing by releasing such documents to targeted audi14 ences. 

15 (c) PERIODIC REVIEW.—The Secretary of Health and 

16 Human Services shall periodically review and, as appro17 priate, update the regulations under section 420(b) of the 

18 Federal Food, Drug, and Cosmetic Act, as added by sub19 section (a), and the guidance documents under subsection 

20 (b). 

21 (d) PROHIBITED ACTS.—Section 301 (21 U.S.C. 331 

22 et seq.), as amended by section 6105, is amended by adding 

23 at the end the following: 

24 ‘‘(ww) The failure to comply with section 420.’’. 
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1 SEC. 6107. AUTHORITY TO COLLECT FEES. 

2 (a) FEES FOR REINSPECTION, RECALL, AND IMPORTA3 TION ACTIVITIES.—Subchapter C of chapter VII (21 U.S.C. 

4 379f et seq.) is amended by adding at the end the following: 

5 ‘‘PART 6—FEES RELATED TO FOOD 

6 ‘‘SEC. 743. AUTHORITY TO COLLECT AND USE FEES. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) PURPOSE AND AUTHORITY.—For fiscal year 

9 2010 and each subsequent fiscal year, the Secretary 

10 shall, in accordance with this section, assess and col11 lect fees from— 

12 ‘‘(A) the responsible party for each domestic 

13 facility (as defined in section 415(b)) and the 

14 United States agent for each foreign facility sub15 ject to a reinspection in such fiscal year, to cover 

16 reinspection-related costs for such year; 

17 ‘‘(B) the responsible party for a domestic 

18 facility (as defined in section 415(b)) and an 

19 importer who does not comply with a recall 

20 order under section 423 or under section 412(f) 

21 in such fiscal year, to cover food recall activities 

22 associated with such order performed by the Sec23 retary, including technical assistance, follow-up 

24 effectiveness checks, and public notifications, for 

25 such year; 
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1 ‘‘(C) each importer participating in the vol2 untary qualified importer program under section 

3 806 in such year, to cover the administrative 

4 costs of such program for such year; and 

5 ‘‘(D) each importer subject to a reinspection 

6 in such fiscal year, to cover reinspection-related 

7 costs for such year. 

8 ‘‘(2) DEFINITIONS.—For purposes of this sec9 tion— 

10 ‘‘(A) the term ‘reinspection’ means— 

11 ‘‘(i) with respect to domestic facilities 

12 (as defined in section 415(b)), 1 or more in13 spections conducted under section 704 subse14 quent to an inspection conducted under 

15 such provision which identified noncompli16 ance materially related to a food safety re17 quirement of this Act, specifically to deter18 mine whether compliance has been achieved 

19 to the Secretary’s satisfaction; and 

20 ‘‘(ii) with respect to importers, 1 or 

21 more examinations conducted under section 

22 801 subsequent to an examination con23 ducted under such provision which identi24 fied noncompliance materially related to a 

25 food safety requirement of this Act, specifi-
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•HR 3082 EAH 

1 cally to determine whether compliance has 

2 been achieved to the Secretary’s satisfaction; 

3 ‘‘(B) the term ‘reinspection-related costs’ 

4 means all expenses, including administrative ex5 penses, incurred in connection with— 

6 ‘‘(i) arranging, conducting, and evalu7 ating the results of reinspections; and 

8 ‘‘(ii) assessing and collecting reinspec9 tion fees under this section; and 

10 ‘‘(C) the term ‘responsible party’ has the 

11 meaning given such term in section 417(a)(1). 

12 ‘‘(b) ESTABLISHMENT OF FEES.— 

13 ‘‘(1) IN GENERAL.—Subject to subsections (c) 

14 and (d), the Secretary shall establish the fees to be col15 lected under this section for each fiscal year specified 

16 in subsection (a)(1), based on the methodology de17 scribed under paragraph (2), and shall publish such 

18 fees in a Federal Register notice not later than 60 

19 days before the start of each such year. 

20 ‘‘(2) FEE METHODOLOGY.— 

21 ‘‘(A) FEES.—Fees amounts established for 

22 collection— 

23 ‘‘(i) under subparagraph (A) of sub24 section (a)(1) for a fiscal year shall be based 

25 on the Secretary’s estimate of 100 percent of 
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1 the costs of the reinspection-related activi2 ties (including by type or level of reinspec3 tion activity, as the Secretary determines 

4 applicable) described in such subparagraph 

5 (A) for such year; 

6 ‘‘(ii) under subparagraph (B) of sub7 section (a)(1) for a fiscal year shall be based 

8 on the Secretary’s estimate of 100 percent of 

9 the costs of the activities described in such 

10 subparagraph (B) for such year; 

11 ‘‘(iii) under subparagraph (C) of sub12 section (a)(1) for a fiscal year shall be based 

13 on the Secretary’s estimate of 100 percent of 

14 the costs of the activities described in such 

15 subparagraph (C) for such year; and 

16 ‘‘(iv) under subparagraph (D) of sub17 section (a)(1) for a fiscal year shall be based 

18 on the Secretary’s estimate of 100 percent of 

19 the costs of the activities described in such 

20 subparagraph (D) for such year. 

21 ‘‘(B) OTHER CONSIDERATIONS.— 

22 ‘‘(i) VOLUNTARY QUALIFIED IMPORTER

23 PROGRAM.—In establishing the fee amounts 

24 under subparagraph (A)(iii) for a fiscal 

25 year, the Secretary shall provide for the 
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1 number of importers who have submitted to 

2 the Secretary a notice under section 806(c) 

3 informing the Secretary of the intent of 

4 such importer to participate in the program 

5 under section 806 in such fiscal year. 

6 ‘‘(ii) CREDITING OF FEES.—In estab7 lishing the fee amounts under subparagraph 

8 (A) for a fiscal year, the Secretary shall 

9 provide for the crediting of fees from the 

10 previous year to the next year if the Sec11 retary overestimated the amount of fees 

12 needed to carry out such activities, and con13 sider the need to account for any adjust14 ment of fees and such other factors as the 

15 Secretary determines appropriate. 

16 ‘‘(iii) PUBLISHED GUIDELINES.—Not 

17 later than 180 days after the date of enact18 ment of the FDA Food Safety Moderniza19 tion Act, the Secretary shall publish in the 

20 Federal Register a proposed set of guidelines 

21 in consideration of the burden of fee 

22 amounts on small business. Such consider23 ation may include reduced fee amounts for 

24 small businesses. The Secretary shall pro25 vide for a period of public comment on such 
243 

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1 guidelines. The Secretary shall adjust the fee 

2 schedule for small businesses subject to such 

3 fees only through notice and comment rule4 making. 

5 ‘‘(3) USE OF FEES.—The Secretary shall make 

6 all of the fees collected pursuant to clause (i), (ii), 

7 (iii), and (iv) of paragraph (2)(A) available solely to 

8 pay for the costs referred to in such clause (i), (ii), 

9 (iii), and (iv) of paragraph (2)(A), respectively. 

10 ‘‘(c) LIMITATIONS.— 

11 ‘‘(1) IN GENERAL.—Fees under subsection (a) 

12 shall be refunded for a fiscal year beginning after fis13 cal year 2010 unless the amount of the total appro14 priations for food safety activities at the Food and 

15 Drug Administration for such fiscal year (excluding 

16 the amount of fees appropriated for such fiscal year) 

17 is equal to or greater than the amount of appropria18 tions for food safety activities at the Food and Drug 

19 Administration for fiscal year 2009 (excluding the 

20 amount of fees appropriated for such fiscal year), 

21 multiplied by the adjustment factor under paragraph 

22 (3). 

23 ‘‘(2) AUTHORITY.—If— 
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1 ‘‘(A) the Secretary does not assess fees under 

2 subsection (a) for a portion of a fiscal year be3 cause paragraph (1) applies; and 

4 ‘‘(B) at a later date in such fiscal year, 

5 such paragraph (1) ceases to apply, 

6 the Secretary may assess and collect such fees under 

7 subsection (a), without any modification to the rate 

8 of such fees, notwithstanding the provisions of sub9 section (a) relating to the date fees are to be paid. 

10 ‘‘(3) ADJUSTMENT FACTOR.— 

11 ‘‘(A) IN GENERAL.—The adjustment factor 

12 described in paragraph (1) shall be the total per13 centage change that occurred in the Consumer 

14 Price Index for all urban consumers (all items; 

15 United States city average) for the 12-month pe16 riod ending June 30 preceding the fiscal year, 

17 but in no case shall such adjustment factor be 

18 negative. 

19 ‘‘(B) COMPOUNDED BASIS.—The adjustment 

20 under subparagraph (A) made each fiscal year 

21 shall be added on a compounded basis to the sum 

22 of all adjustments made each fiscal year after fis23 cal year 2009. 

24 ‘‘(4) LIMITATION ON AMOUNT OF CERTAIN

25 FEES.— 
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•HR 3082 EAH 

1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of this section and subject to sub3 paragraph (B), the Secretary may not collect fees 

4 in a fiscal year such that the amount collected— 

5 ‘‘(i) under subparagraph (B) of sub6 section (a)(1) exceeds $20,000,000; and 

7 ‘‘(ii) under subparagraphs (A) and (D) 

8 of subsection (a)(1) exceeds $25,000,000 

9 combined. 

10 ‘‘(B) EXCEPTION.—If a domestic facility 

11 (as defined in section 415(b)) or an importer be12 comes subject to a fee described in subparagraph 

13 (A), (B), or (D) of subsection (a)(1) after the 

14 maximum amount of fees has been collected by 

15 the Secretary under subparagraph (A), the Sec16 retary may collect a fee from such facility or im17 porter. 

18 ‘‘(d) CREDITING AND AVAILABILITY OF FEES.—Fees 

19 authorized under subsection (a) shall be collected and avail20 able for obligation only to the extent and in the amount 

21 provided in appropriations Acts. Such fees are authorized 

22 to remain available until expended. Such sums as may be 

23 necessary may be transferred from the Food and Drug Ad24 ministration salaries and expenses account without fiscal 

25 year limitation to such appropriation account for salaries 
246 

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1 and expenses with such fiscal year limitation. The sums 

2 transferred shall be available solely for the purpose of pay3 ing the operating expenses of the Food and Drug Adminis4 tration employees and contractors performing activities as5 sociated with these food safety fees. 

6 ‘‘(e) COLLECTION OF FEES.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall specify 

8 in the Federal Register notice described in subsection 

9 (b)(1) the time and manner in which fees assessed 

10 under this section shall be collected. 

11 ‘‘(2) COLLECTION OF UNPAID FEES.—In any 

12 case where the Secretary does not receive payment of 

13 a fee assessed under this section within 30 days after 

14 it is due, such fee shall be treated as a claim of the 

15 United States Government subject to provisions of 

16 subchapter II of chapter 37 of title 31, United States 

17 Code. 

18 ‘‘(f) ANNUAL REPORT TO CONGRESS.—Not later than 

19 120 days after each fiscal year for which fees are assessed 

20 under this section, the Secretary shall submit a report to 

21 the Committee on Health, Education, Labor, and Pensions 

22 of the Senate and the Committee on Energy and Commerce 

23 of the House of Representatives, to include a description 

24 of fees assessed and collected for each such year and a sum-
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1 mary description of the entities paying such fees and the 

2 types of business in which such entities engage. 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For fis4 cal year 2010 and each fiscal year thereafter, there is au5 thorized to be appropriated for fees under this section an 

6 amount equal to the total revenue amount determined under 

7 subsection (b) for the fiscal year, as adjusted or otherwise 

8 affected under the other provisions of this section.’’. 

9 (b) EXPORT CERTIFICATION FEES FOR FOODS AND

10 ANIMAL FEED.— 

11 (1) AUTHORITY FOR EXPORT CERTIFICATIONS

12 FOR FOOD, INCLUDING ANIMAL FEED.—Section 

13 801(e)(4)(A) (21 U.S.C. 381(e)(4)(A)) is amended— 

14 (A) in the matter preceding clause (i), by 

15 striking ‘‘a drug’’ and inserting ‘‘a food, drug’’; 

16 (B) in clause (i) by striking ‘‘exported 

17 drug’’ and inserting ‘‘exported food, drug’’; and 

18 (C) in clause (ii) by striking ‘‘the drug’’ 

19 each place it appears and inserting ‘‘the food, 

20 drug’’. 

21 (2) CLARIFICATION OF CERTIFICATION.—Section 

22 801(e)(4) (21 U.S.C. 381(e)(4)) is amended by insert23 ing after subparagraph (B) the following new sub24 paragraph: 
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1 ‘‘(C) For purposes of this paragraph, a certification 

2 by the Secretary shall be made on such basis, and in such 

3 form (including a publicly available listing) as the Sec4 retary determines appropriate.’’. 

5 (3) LIMITATIONS ON USE AND AMOUNT OF

6 FEES.—Paragraph (4) of section 801(e) (21 U.S.C. 

7 381(e)) is amended by adding at the end the fol8 lowing: 

9 ‘‘(D) With regard to fees pursuant to subparagraph 

10 (B) in connection with written export certifications for 

11 food: 

12 ‘‘(i) Such fees shall be collected and available 

13 solely for the costs of the Food and Drug Administra14 tion associated with issuing such certifications. 

15 ‘‘(ii) Such fees may not be retained in an 

16 amount that exceeds such costs.’’. 

17 SEC. 6108. NATIONAL AGRICULTURE AND FOOD DEFENSE 

18 STRATEGY. 

19 (a) DEVELOPMENT AND SUBMISSION OF STRATEGY.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of this Act, the Secretary of 

22 Health and Human Services and the Secretary of Ag23 riculture, in coordination with the Secretary of 

24 Homeland Security, shall prepare and transmit to the 

25 relevant committees of Congress, and make publicly 
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1 available on the Internet Web sites of the Department 

2 of Health and Human Services and the Department 

3 of Agriculture, the National Agriculture and Food De4 fense Strategy. 

5 (2) IMPLEMENTATION PLAN.—The strategy shall 

6 include an implementation plan for use by the Secre7 taries described under paragraph (1) in carrying out 

8 the strategy. 

9 (3) RESEARCH.—The strategy shall include a co10 ordinated research agenda for use by the Secretaries 

11 described under paragraph (1) in conducting research 

12 to support the goals and activities described in para13 graphs (1) and (2) of subsection (b). 

14 (4) REVISIONS.—Not later than 4 years after the 

15 date on which the strategy is submitted to the relevant 

16 committees of Congress under paragraph (1), and not 

17 less frequently than every 4 years thereafter, the Sec18 retary of Health and Human Services and the Sec19 retary of Agriculture, in coordination with the Sec20 retary of Homeland Security, shall revise and submit 

21 to the relevant committees of Congress the strategy. 

22 (5) CONSISTENCY WITH EXISTING PLANS.—The 

23 strategy described in paragraph (1) shall be consistent 

24 with— 
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1 (A) the National Incident Management Sys2 tem; 

3 (B) the National Response Framework; 

4 (C) the National Infrastructure Protection 

5 Plan; 

6 (D) the National Preparedness Goals; and 

7 (E) other relevant national strategies. 

8 (b) COMPONENTS.— 

9 (1) IN GENERAL.—The strategy shall include a 

10 description of the process to be used by the Depart11 ment of Health and Human Services, the Department 

12 of Agriculture, and the Department of Homeland Se13 curity— 

14 (A) to achieve each goal described in para15 graph (2); and 

16 (B) to evaluate the progress made by Fed17 eral, State, local, and tribal governments to18 wards the achievement of each goal described in 

19 paragraph (2). 

20 (2) GOALS.—The strategy shall include a de21 scription of the process to be used by the Department 

22 of Health and Human Services, the Department of 

23 Agriculture, and the Department of Homeland Secu24 rity to achieve the following goals: 
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1 (A) PREPAREDNESS GOAL.—Enhance the 

2 preparedness of the agriculture and food system 

3 by— 

4 (i) conducting vulnerability assess5 ments of the agriculture and food system; 

6 (ii) mitigating vulnerabilities of the 

7 system; 

8 (iii) improving communication and 

9 training relating to the system; 

10 (iv) developing and conducting exer11 cises to test decontamination and disposal 

12 plans; 

13 (v) developing modeling tools to im14 prove event consequence assessment and de15 cision support; and 

16 (vi) preparing risk communication 

17 tools and enhancing public awareness 

18 through outreach. 

19 (B) DETECTION GOAL.—Improve agri20 culture and food system detection capabilities 

21 by— 

22 (i) identifying contamination in food 

23 products at the earliest possible time; and 

24 (ii) conducting surveillance to prevent 

25 the spread of diseases. 
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1 (C) EMERGENCY RESPONSE GOAL.—Ensure 

2 an efficient response to agriculture and food 

3 emergencies by— 

4 (i) immediately investigating animal 

5 disease outbreaks and suspected food con6 tamination; 

7 (ii) preventing additional human ill8 nesses; 

9 (iii) organizing, training, and equip10 ping animal, plant, and food emergency re11 sponse teams of— 

12 (I) the Federal Government; and 

13 (II) State, local, and tribal gov14 ernments; 

15 (iv) designing, developing, and evalu16 ating training and exercises carried out 

17 under agriculture and food defense plans; 

18 and 

19 (v) ensuring consistent and organized 

20 risk communication to the public by— 

21 (I) the Federal Government; 

22 (II) State, local, and tribal gov23 ernments; and 

24 (III) the private sector. 
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1 (D) RECOVERY GOAL.—Secure agriculture 

2 and food production after an agriculture or food 

3 emergency by— 

4 (i) working with the private sector to 

5 develop business recovery plans to rapidly 

6 resume agriculture, food production, and 

7 international trade; 

8 (ii) conducting exercises of the plans 

9 described in subparagraph (C) with the goal 

10 of long-term recovery results; 

11 (iii) rapidly removing, and effectively 

12 disposing of— 

13 (I) contaminated agriculture and 

14 food products; and 

15 (II) infected plants and animals; 

16 and 

17 (iv) decontaminating and restoring 

18 areas affected by an agriculture or food 

19 emergency. 

20 (3) EVALUATION.—The Secretary, in coordina21 tion with the Secretary of Agriculture and the Sec22 retary of Homeland Security, shall— 

23 (A) develop metrics to measure progress for 

24 the evaluation process described in paragraph 

25 (1)(B); and 
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1 (B) report on the progress measured in sub2 paragraph (A) as part of the National Agri3 culture and Food Defense strategy described in 

4 subsection (a)(1). 

5 (c) LIMITED DISTRIBUTION.—In the interest of na6 tional security, the Secretary of Health and Human Serv7 ices and the Secretary of Agriculture, in coordination with 

8 the Secretary of Homeland Security, may determine the 

9 manner and format in which the National Agriculture and 

10 Food Defense strategy established under this section is made 

11 publicly available on the Internet Web sites of the Depart12 ment of Health and Human Services, the Department of 

13 Homeland Security, and the Department of Agriculture, as 

14 described in subsection (a)(1). 

15 SEC. 6109. FOOD AND AGRICULTURE COORDINATING COUN16 CILS. 

17 The Secretary of Homeland Security, in coordination 

18 with the Secretary of Health and Human Services and the 

19 Secretary of Agriculture, shall within 180 days of enact20 ment of this Act, and annually thereafter, submit to the 

21 relevant committees of Congress, and make publicly avail22 able on the Internet Web site of the Department of Home23 land Security, a report on the activities of the Food and 

24 Agriculture Government Coordinating Council and the 
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1 Food and Agriculture Sector Coordinating Council, includ2 ing the progress of such Councils on— 

3 (1) facilitating partnerships between public and 

4 private entities to help coordinate and enhance the 

5 protection of the agriculture and food system of the 

6 United States; 

7 (2) providing for the regular and timely inter8 change of information between each council relating 

9 to the security of the agriculture and food system (in10 cluding intelligence information); 

11 (3) identifying best practices and methods for 

12 improving the coordination among Federal, State, 

13 local, and private sector preparedness and response 

14 plans for agriculture and food defense; and 

15 (4) recommending methods by which to protect 

16 the economy and the public health of the United 

17 States from the effects of— 

18 (A) animal or plant disease outbreaks; 

19 (B) food contamination; and 

20 (C) natural disasters affecting agriculture 

21 and food. 

22 SEC. 6110. BUILDING DOMESTIC CAPACITY. 

23 (a) IN GENERAL.— 

24 (1) INITIAL REPORT.—The Secretary, in coordi25 nation with the Secretary of Agriculture and the Sec-
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1 retary of Homeland Security, shall, not later than 2 

2 years after the date of enactment of this Act, submit 

3 to Congress a comprehensive report that identifies 

4 programs and practices that are intended to promote 

5 the safety and supply chain security of food and to 

6 prevent outbreaks of foodborne illness and other food7 related hazards that can be addressed through preven8 tive activities. Such report shall include a description 

9 of the following: 

10 (A) Analysis of the need for further regula11 tions or guidance to industry. 

12 (B) Outreach to food industry sectors, in13 cluding through the Food and Agriculture Co14 ordinating Councils referred to in section 6109, 

15 to identify potential sources of emerging threats 

16 to the safety and security of the food supply and 

17 preventive strategies to address those threats. 

18 (C) Systems to ensure the prompt distribu19 tion to the food industry of information and 

20 technical assistance concerning preventive strate21 gies. 

22 (D) Communication systems to ensure that 

23 information about specific threats to the safety 

24 and security of the food supply are rapidly and 

25 effectively disseminated. 
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1 (E) Surveillance systems and laboratory 

2 networks to rapidly detect and respond to 

3 foodborne illness outbreaks and other food-related 

4 hazards, including how such systems and net5 works are integrated. 

6 (F) Outreach, education, and training pro7 vided to States and local governments to build 

8 State and local food safety and food defense ca9 pabilities, including progress implementing 

10 strategies developed under sections 6108 and 

11 6205. 

12 (G) The estimated resources needed to effec13 tively implement the programs and practices 

14 identified in the report developed in this section 

15 over a 5-year period. 

16 (H) The impact of requirements under this 

17 Act (including amendments made by this Act) 

18 on certified organic farms and facilities (as de19 fined in section 415 of the Federal Food, Drug, 

20 and Cosmetic Act (21 U.S.C. 350d)). 

21 (I) Specific efforts taken pursuant to the 

22 agreements authorized under section 421(c) of 

23 the Federal Food, Drug, and Cosmetic Act (as 

24 added by section 6201), together with, as nec-
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1 essary, a description of any additional authori2 ties necessary to improve seafood safety. 

3 (2) BIENNIAL REPORTS.—On a biennial basis 

4 following the submission of the report under para5 graph (1), the Secretary shall submit to Congress a 

6 report that— 

7 (A) reviews previous food safety programs 

8 and practices; 

9 (B) outlines the success of those programs 

10 and practices; 

11 (C) identifies future programs and prac12 tices; and 

13 (D) includes information related to any 

14 matter described in subparagraphs (A) through 

15 (H) of paragraph (1), as necessary. 

16 (b) RISK-BASED ACTIVITIES.—The report developed 

17 under subsection (a)(1) shall describe methods that seek to 

18 ensure that resources available to the Secretary for food 

19 safety-related activities are directed at those actions most 

20 likely to reduce risks from food, including the use of preven21 tive strategies and allocation of inspection resources. The 

22 Secretary shall promptly undertake those risk-based actions 

23 that are identified during the development of the report as 

24 likely to contribute to the safety and security of the food 

25 supply. 
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1 (c) CAPABILITY FOR LABORATORY ANALYSES; RE2 SEARCH.—The report developed under subsection (a)(1) 

3 shall provide a description of methods to increase capacity 

4 to undertake analyses of food samples promptly after collec5 tion, to identify new and rapid analytical techniques, in6 cluding commercially available techniques that can be em7 ployed at ports of entry and by Food Emergency Response 

8 Network laboratories, and to provide for well-equipped and 

9 staffed laboratory facilities and progress toward laboratory 

10 accreditation under section 422 of the Federal Food, Drug, 

11 and Cosmetic Act (as added by section 6202). 

12 (d) INFORMATION TECHNOLOGY.—The report devel13 oped under subsection (a)(1) shall include a description of 

14 such information technology systems as may be needed to 

15 identify risks and receive data from multiple sources, in16 cluding foreign governments, State, local, and tribal govern17 ments, other Federal agencies, the food industry, labora18 tories, laboratory networks, and consumers. The informa19 tion technology systems that the Secretary describes shall 

20 also provide for the integration of the facility registration 

21 system under section 415 of the Federal Food, Drug, and 

22 Cosmetic Act (21 U.S.C. 350d), and the prior notice system 

23 under section 801(m) of such Act (21 U.S.C. 381(m)) with 

24 other information technology systems that are used by the 
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1 Federal Government for the processing of food offered for 

2 import into the United States. 

3 (e) AUTOMATED RISK ASSESSMENT.—The report de4 veloped under subsection (a)(1) shall include a description 

5 of progress toward developing and improving an automated 

6 risk assessment system for food safety surveillance and allo7 cation of resources. 

8 (f) TRACEBACK AND SURVEILLANCE REPORT.—The 

9 Secretary shall include in the report developed under sub10 section (a)(1) an analysis of the Food and Drug Adminis11 tration’s performance in foodborne illness outbreaks during 

12 the 5-year period preceding the date of enactment of this 

13 Act involving fruits and vegetables that are raw agricul14 tural commodities (as defined in section 6201(r) (21 U.S.C. 

15 321(r)) and recommendations for enhanced surveillance, 

16 outbreak response, and traceability. Such findings and rec17 ommendations shall address communication and coordina18 tion with the public, industry, and State and local govern19 ments, as such communication and coordination relates to 

20 outbreak identification and traceback. 

21 (g) BIENNIAL FOOD SAFETY AND FOOD DEFENSE RE22 SEARCH PLAN.—The Secretary, the Secretary of Agri23 culture, and the Secretary of Homeland Security shall, on 

24 a biennial basis, submit to Congress a joint food safety and 

25 food defense research plan which may include studying the 
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1 long-term health effects of foodborne illness. Such biennial 

2 plan shall include a list and description of projects con3 ducted during the previous 2-year period and the plan for 

4 projects to be conducted during the subsequent 2-year pe5 riod. 

6 (h) EFFECTIVENESS OF PROGRAMS ADMINISTERED BY

7 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.— 

8 (1) IN GENERAL.—To determine whether existing 

9 Federal programs administered by the Department of 

10 Health and Human Services are effective in achieving 

11 the stated goals of such programs, the Secretary shall, 

12 beginning not later than 1 year after the date of en13 actment of this Act— 

14 (A) conduct an annual evaluation of each 

15 program of such Department to determine the ef16 fectiveness of each such program in achieving 

17 legislated intent, purposes, and objectives; and 

18 (B) submit to Congress a report concerning 

19 such evaluation. 

20 (2) CONTENT.—The report described under para21 graph (1)(B) shall— 

22 (A) include conclusions concerning the rea23 sons that such existing programs have proven 

24 successful or not successful and what factors con25 tributed to such conclusions; 
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1 (B) include recommendations for consolida2 tion and elimination to reduce duplication and 

3 inefficiencies in such programs at such Depart4 ment as identified during the evaluation conduct 

5 under this subsection; and 

6 (C) be made publicly available in a publi7 cation entitled ‘‘Guide to the U.S. Department of 

8 Health and Human Services Programs’’. 

9 (i) UNIQUE IDENTIFICATION NUMBERS.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, the Secretary, act12 ing through the Commissioner of Food and Drugs, 

13 shall conduct a study regarding the need for, and 

14 challenges associated with, development and imple15 mentation of a program that requires a unique iden16 tification number for each food facility registered 

17 with the Secretary and, as appropriate, each broker 

18 that imports food into the United States. Such study 

19 shall include an evaluation of the costs associated 

20 with development and implementation of such a sys21 tem, and make recommendations about what new au22 thorities, if any, would be necessary to develop and 

23 implement such a system. 

24 (2) REPORT.—Not later than 15 months after the 

25 date of enactment of this Act, the Secretary shall sub-
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1 mit to Congress a report that describes the findings 

2 of the study conducted under paragraph (1) and that 

3 includes any recommendations determined appro4 priate by the Secretary. 

5 SEC. 6111. SANITARY TRANSPORTATION OF FOOD. 

6 (a) IN GENERAL.—Not later than 18 months after the 

7 date of enactment of this Act, the Secretary shall promul8 gate regulations described in section 416(b) of the Federal 

9 Food, Drug, and Cosmetic Act (21 U.S.C. 350e(b)). 

10 (b) FOOD TRANSPORTATION STUDY.—The Secretary, 

11 acting through the Commissioner of Food and Drugs, shall 

12 conduct a study of the transportation of food for consump13 tion in the United States, including transportation by air, 

14 that includes an examination of the unique needs of rural 

15 and frontier areas with regard to the delivery of safe food. 

16 SEC. 6112. FOOD ALLERGY AND ANAPHYLAXIS MANAGE17 MENT. 

18 (a) DEFINITIONS.—In this section: 

19 (1) EARLY CHILDHOOD EDUCATION PROGRAM.— 

20 The term ‘‘early childhood education program’’ 

21 means— 

22 (A) a Head Start program or an Early 

23 Head Start program carried out under the Head 

24 Start Act (42 U.S.C. 9831 et seq.); 
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1 (B) a State licensed or regulated child care 

2 program or school; or 

3 (C) a State prekindergarten program that 

4 serves children from birth through kindergarten. 

5 (2) ESEA DEFINITIONS.—The terms ‘‘local edu6 cational agency’’, ‘‘secondary school’’, ‘‘elementary 

7 school’’, and ‘‘parent’’ have the meanings given the 

8 terms in section 9101 of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 7801). 

10 (3) SCHOOL.—The term ‘‘school’’ includes pub11 lic— 

12 (A) kindergartens; 

13 (B) elementary schools; and 

14 (C) secondary schools. 

15 (4) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Health and Human Services. 

17 (b) ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY

18 AND ANAPHYLAXIS MANAGEMENT GUIDELINES.— 

19 (1) ESTABLISHMENT.— 

20 (A) IN GENERAL.—Not later than 1 year 

21 after the date of enactment of this Act, the Sec22 retary, in consultation with the Secretary of 

23 Education, shall— 

24 (i) develop guidelines to be used on a 

25 voluntary basis to develop plans for indi-
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1 viduals to manage the risk of food allergy 

2 and anaphylaxis in schools and early child3 hood education programs; and 

4 (ii) make such guidelines available to 

5 local educational agencies, schools, early 

6 childhood education programs, and other 

7 interested entities and individuals to be im8 plemented on a voluntary basis only. 

9 (B) APPLICABILITY OF FERPA.—Each plan 

10 described in subparagraph (A) that is developed 

11 for an individual shall be considered an edu12 cation record for the purpose of section 444 of the 

13 General Education Provisions Act (commonly re14 ferred to as the ‘‘Family Educational Rights and 

15 Privacy Act of 1974’’) (20 U.S.C. 1232g). 

16 (2) CONTENTS.—The voluntary guidelines devel17 oped by the Secretary under paragraph (1) shall ad18 dress each of the following and may be updated as the 

19 Secretary determines necessary: 

20 (A) Parental obligation to provide the 

21 school or early childhood education program, 

22 prior to the start of every school year, with— 

23 (i) documentation from their child’s 

24 physician or nurse— 
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1 (I) supporting a diagnosis of food 

2 allergy, and any risk of anaphylaxis, if 

3 applicable; 

4 (II) identifying any food to which 

5 the child is allergic; 

6 (III) describing, if appropriate, 

7 any prior history of anaphylaxis; 

8 (IV) listing any medication pre9 scribed for the child for the treatment 

10 of anaphylaxis; 

11 (V) detailing emergency treatment 

12 procedures in the event of a reaction; 

13 (VI) listing the signs and symp14 toms of a reaction; and 

15 (VII) assessing the child’s readi16 ness for self-administration of prescrip17 tion medication; and 

18 (ii) a list of substitute meals that may 

19 be offered to the child by school or early 

20 childhood education program food service 

21 personnel. 

22 (B) The creation and maintenance of an in23 dividual plan for food allergy management, in 

24 consultation with the parent, tailored to the 

25 needs of each child with a documented risk for 
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1 anaphylaxis, including any procedures for the 

2 self-administration of medication by such chil3 dren in instances where— 

4 (i) the children are capable of self-ad5 ministering medication; and 

6 (ii) such administration is not prohib7 ited by State law. 

8 (C) Communication strategies between indi9 vidual schools or early childhood education pro10 grams and providers of emergency medical serv11 ices, including appropriate instructions for 

12 emergency medical response. 

13 (D) Strategies to reduce the risk of exposure 

14 to anaphylactic causative agents in classrooms 

15 and common school or early childhood education 

16 program areas such as cafeterias. 

17 (E) The dissemination of general informa18 tion on life-threatening food allergies to school or 

19 early childhood education program staff, parents, 

20 and children. 

21 (F) Food allergy management training of 

22 school or early childhood education program per23 sonnel who regularly come into contact with chil24 dren with life-threatening food allergies. 
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1 (G) The authorization and training of 

2 school or early childhood education program per3 sonnel to administer epinephrine when the nurse 

4 is not immediately available. 

5 (H) The timely accessibility of epinephrine 

6 by school or early childhood education program 

7 personnel when the nurse is not immediately 

8 available. 

9 (I) The creation of a plan contained in each 

10 individual plan for food allergy management 

11 that addresses the appropriate response to an in12 cident of anaphylaxis of a child while such child 

13 is engaged in extracurricular programs of a 

14 school or early childhood education program, 

15 such as nonacademic outings and field trips, 

16 before- and after-school programs or before- and 

17 after-early child education program programs, 

18 and school-sponsored or early childhood edu19 cation program-sponsored programs held on 

20 weekends. 

21 (J) Maintenance of information for each 

22 administration of epinephrine to a child at risk 

23 for anaphylaxis and prompt notification to par24 ents. 
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1 (K) Other elements the Secretary determines 

2 necessary for the management of food allergies 

3 and anaphylaxis in schools and early childhood 

4 education programs. 

5 (3) RELATION TO STATE LAW.—Nothing in this 

6 section or the guidelines developed by the Secretary 

7 under paragraph (1) shall be construed to preempt 

8 State law, including any State law regarding whether 

9 students at risk for anaphylaxis may self-administer 

10 medication. 

11 (c) SCHOOL-BASED FOOD ALLERGY MANAGEMENT

12 GRANTS.— 

13 (1) IN GENERAL.—The Secretary may award 

14 grants to local educational agencies to assist such 

15 agencies with implementing voluntary food allergy 

16 and anaphylaxis management guidelines described in 

17 subsection (b). 

18 (2) APPLICATION.— 

19 (A) IN GENERAL.—To be eligible to receive 

20 a grant under this subsection, a local edu21 cational agency shall submit an application to 

22 the Secretary at such time, in such manner, and 

23 including such information as the Secretary may 

24 reasonably require. 
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1 (B) CONTENTS.—Each application sub2 mitted under subparagraph (A) shall include— 

3 (i) an assurance that the local edu4 cational agency has developed plans in ac5 cordance with the food allergy and anaphy6 laxis management guidelines described in 

7 subsection (b); 

8 (ii) a description of the activities to be 

9 funded by the grant in carrying out the 

10 food allergy and anaphylaxis management 

11 guidelines, including— 

12 (I) how the guidelines will be car13 ried out at individual schools served by 

14 the local educational agency; 

15 (II) how the local educational 

16 agency will inform parents and stu17 dents of the guidelines in place; 

18 (III) how school nurses, teachers, 

19 administrators, and other school-based 

20 staff will be made aware of, and given 

21 training on, when applicable, the 

22 guidelines in place; and 

23 (IV) any other activities that the 

24 Secretary determines appropriate; 
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1 (iii) an itemization of how grant funds 

2 received under this subsection will be ex3 pended; 

4 (iv) a description of how adoption of 

5 the guidelines and implementation of grant 

6 activities will be monitored; and 

7 (v) an agreement by the local edu8 cational agency to report information re9 quired by the Secretary to conduct evalua10 tions under this subsection. 

11 (3) USE OF FUNDS.—Each local educational 

12 agency that receives a grant under this subsection 

13 may use the grant funds for the following: 

14 (A) Purchase of materials and supplies, in15 cluding limited medical supplies such as epi16 nephrine and disposable wet wipes, to support 

17 carrying out the food allergy and anaphylaxis 

18 management guidelines described in subsection 

19 (b). 

20 (B) In partnership with local health depart21 ments, school nurse, teacher, and personnel 

22 training for food allergy management. 

23 (C) Programs that educate students as to 

24 the presence of, and policies and procedures in 
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1 place related to, food allergies and anaphylactic 

2 shock. 

3 (D) Outreach to parents. 

4 (E) Any other activities consistent with the 

5 guidelines described in subsection (b). 

6 (4) DURATION OF AWARDS.—The Secretary may 

7 award grants under this subsection for a period of not 

8 more than 2 years. In the event the Secretary con9 ducts a program evaluation under this subsection, 

10 funding in the second year of the grant, where appli11 cable, shall be contingent on a successful program 

12 evaluation by the Secretary after the first year. 

13 (5) LIMITATION ON GRANT FUNDING.—The Sec14 retary may not provide grant funding to a local edu15 cational agency under this subsection after such local 

16 educational agency has received 2 years of grant 

17 funding under this subsection. 

18 (6) MAXIMUM AMOUNT OF ANNUAL AWARDS.—A 

19 grant awarded under this subsection may not be 

20 made in an amount that is more than $50,000 annu21 ally. 

22 (7) PRIORITY.—In awarding grants under this 

23 subsection, the Secretary shall give priority to local 

24 educational agencies with the highest percentages of 

25 children who are counted under section 1124(c) of the 
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1 Elementary and Secondary Education Act of 1965 

2 (20 U.S.C. 6333(c)). 

3 (8) MATCHING FUNDS.— 

4 (A) IN GENERAL.—The Secretary may not 

5 award a grant under this subsection unless the 

6 local educational agency agrees that, with respect 

7 to the costs to be incurred by such local edu8 cational agency in carrying out the grant activi9 ties, the local educational agency shall make 

10 available (directly or through donations from 

11 public or private entities) non-Federal funds to12 ward such costs in an amount equal to not less 

13 than 25 percent of the amount of the grant. 

14 (B) DETERMINATION OF AMOUNT OF NON15 FEDERAL CONTRIBUTION.—Non-Federal funds 

16 required under subparagraph (A) may be cash or 

17 in kind, including plant, equipment, or services. 

18 Amounts provided by the Federal Government, 

19 and any portion of any service subsidized by the 

20 Federal Government, may not be included in de21 termining the amount of such non-Federal funds. 

22 (9) ADMINISTRATIVE FUNDS.—A local edu23 cational agency that receives a grant under this sub24 section may use not more than 2 percent of the grant 
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1 amount for administrative costs related to carrying 

2 out this subsection. 

3 (10) PROGRESS AND EVALUATIONS.—At the com4 pletion of the grant period referred to in paragraph 

5 (4), a local educational agency shall provide the Sec6 retary with information on how grant funds were 

7 spent and the status of implementation of the food al8 lergy and anaphylaxis management guidelines de9 scribed in subsection (b). 

10 (11) SUPPLEMENT, NOT SUPPLANT.—Grant 

11 funds received under this subsection shall be used to 

12 supplement, and not supplant, non-Federal funds and 

13 any other Federal funds available to carry out the ac14 tivities described in this subsection. 

15 (12) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to carry out 

17 this subsection $30,000,000 for fiscal year 2011 and 

18 such sums as may be necessary for each of the 4 suc19 ceeding fiscal years. 

20 (d) VOLUNTARY NATURE OF GUIDELINES.— 

21 (1) IN GENERAL.—The food allergy and anaphy22 laxis management guidelines developed by the Sec23 retary under subsection (b) are voluntary. Nothing in 

24 this section or the guidelines developed by the Sec25 retary under subsection (b) shall be construed to re-
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1 quire a local educational agency to implement such 

2 guidelines. 

3 (2) EXCEPTION.—Notwithstanding paragraph 

4 (1), the Secretary may enforce an agreement by a 

5 local educational agency to implement food allergy 

6 and anaphylaxis management guidelines as a condi7 tion of the receipt of a grant under subsection (c). 

8 SEC. 6113. NEW DIETARY INGREDIENTS. 

9 (a) IN GENERAL.—Section 413 of the Federal Food, 

10 Drug, and Cosmetic Act (21 U.S.C. 350b) is amended— 

11 (1) by redesignating subsection (c) as subsection 

12 (d); and 

13 (2) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) NOTIFICATION.— 

16 ‘‘(1) IN GENERAL.—If the Secretary determines 

17 that the information in a new dietary ingredient no18 tification submitted under this section for an article 

19 purported to be a new dietary ingredient is inad20 equate to establish that a dietary supplement con21 taining such article will reasonably be expected to be 

22 safe because the article may be, or may contain, an 

23 anabolic steroid or an analogue of an anabolic ster24 oid, the Secretary shall notify the Drug Enforcement 

25 Administration of such determination. Such notifica-
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1 tion by the Secretary shall include, at a minimum, 

2 the name of the dietary supplement or article, the 

3 name of the person or persons who marketed the prod4 uct or made the submission of information regarding 

5 the article to the Secretary under this section, and 

6 any contact information for such person or persons 

7 that the Secretary has. 

8 ‘‘(2) DEFINITIONS.—For purposes of this sub9 section— 

10 ‘‘(A) the term ‘anabolic steroid’ has the 

11 meaning given such term in section 102(41) of 

12 the Controlled Substances Act; and 

13 ‘‘(B) the term ‘analogue of an anabolic ster14 oid’ means a substance whose chemical structure 

15 is substantially similar to the chemical structure 

16 of an anabolic steroid.’’. 

17 (b) GUIDANCE.—Not later than 180 days after the date 

18 of enactment of this Act, the Secretary shall publish guid19 ance that clarifies when a dietary supplement ingredient 

20 is a new dietary ingredient, when the manufacturer or dis21 tributor of a dietary ingredient or dietary supplement 

22 should provide the Secretary with information as described 

23 in section 413(a)(2) of the Federal Food, Drug, and Cos24 metic Act, the evidence needed to document the safety of new 
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1 dietary ingredients, and appropriate methods for estab2 lishing the identify of a new dietary ingredient. 

3 SEC. 6114. REQUIREMENT FOR GUIDANCE RELATING TO 

4 POST-HARVEST PROCESSING OF RAW OYS5 TERS. 

6 (a) IN GENERAL.—Not later than 90 days prior to the 

7 issuance of any guidance, regulation, or suggested amend8 ment by the Food and Drug Administration to the National 

9 Shellfish Sanitation Program’s Model Ordinance, or the 

10 issuance of any guidance or regulation by the Food and 

11 Drug Administration relating to the Seafood Hazard Anal12 ysis Critical Control Points Program of the Food and Drug 

13 Administration (parts 123 and 1240 of title 21, Code of 

14 Federal Regulations (or any successor regulations), where 

15 such guidance, regulation, or suggested amendment relates 

16 to post-harvest processing for raw oysters, the Secretary 

17 shall prepare and submit to the Committee on Health, Edu18 cation, Labor, and Pensions of the Senate and the Com19 mittee on Energy and Commerce of the House of Represent20 atives a report which shall include— 

21 (1) an assessment of how post-harvest processing 

22 or other equivalent controls feasibly may be imple23 mented in the fastest, safest, and most economical 

24 manner; 
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1 (2) the projected public health benefits of any 

2 proposed post-harvest processing; 

3 (3) the projected costs of compliance with such 

4 post-harvest processing measures; 

5 (4) the impact post-harvest processing is expected 

6 to have on the sales, cost, and availability of raw oys7 ters; 

8 (5) criteria for ensuring post-harvest processing 

9 standards will be applied equally to shellfish imported 

10 from all nations of origin; 

11 (6) an evaluation of alternative measures to pre12 vent, eliminate, or reduce to an acceptable level the 

13 occurrence of foodborne illness; and 

14 (7) the extent to which the Food and Drug Ad15 ministration has consulted with the States and other 

16 regulatory agencies, as appropriate, with regard to 

17 post-harvest processing measures. 

18 (b) LIMITATION.—Subsection (a) shall not apply to the 

19 guidance described in section 6103(h). 

20 (c) REVIEW AND EVALUATION.—Not later than 30 

21 days after the Secretary issues a proposed regulation or 

22 guidance described in subsection (a), the Comptroller Gen23 eral of the United States shall— 
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1 (1) review and evaluate the report described in 

2 subsection (a) and report to Congress on the findings 

3 of the estimates and analysis in the report; 

4 (2) compare such proposed regulation or guid5 ance to similar regulations or guidance with respect 

6 to other regulated foods, including a comparison of 

7 risks the Secretary may find associated with seafood 

8 and the instances of those risks in such other regu9 lated foods; and 

10 (3) evaluate the impact of post-harvest processing 

11 on the competitiveness of the domestic oyster industry 

12 in the United States and in international markets. 

13 (d) WAIVER.—The requirement of preparing a report 

14 under subsection (a) shall be waived if the Secretary issues 

15 a guidance that is adopted as a consensus agreement be16 tween Federal and State regulators and the oyster industry, 

17 acting through the Interstate Shellfish Sanitation Con18 ference. 

19 (e) PUBLIC ACCESS.—Any report prepared under this 

20 section shall be made available to the public. 

21 SEC. 6115. PORT SHOPPING. 

22 Until the date on which the Secretary promulgates a 

23 final rule that implements the amendments made by section 

24 308 of the Public Health Security and Bioterrorism Pre25 paredness and Response Act of 2002 (Public Law 107–188), 
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1 the Secretary shall notify the Secretary of Homeland Secu2 rity of all instances in which the Secretary refuses to admit 

3 a food into the United States under section 801(a) of the 

4 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) 

5 so that the Secretary of Homeland Security, acting through 

6 the Commissioner of Customs and Border Protection, may 

7 prevent food refused admittance into the United States by 

8 a United States port of entry from being admitted by an9 other United States port of entry, through the notification 

10 of other such United States ports of entry. 

11 SEC. 6116. ALCOHOL-RELATED FACILITIES. 

12 (a) IN GENERAL.—Except as provided by sections 

13 6102, 6206, 6207, 6302, 6304, 6402, 6403, and 6404 of this 

14 Act, and the amendments made by such sections, nothing 

15 in this Act, or the amendments made by this Act, shall be 

16 construed to apply to a facility that— 

17 (1) under the Federal Alcohol Administration 

18 Act (27 U.S.C. 201 et seq.) or chapter 51 of subtitle 

19 E of the Internal Revenue Code of 1986 (26 U.S.C. 

20 5001 et seq.) is required to obtain a permit or to reg21 ister with the Secretary of the Treasury as a condi22 tion of doing business in the United States; and 

23 (2) under section 415 of the Federal Food, Drug, 

24 and Cosmetic Act (21 U.S.C. 350d) is required to reg25 ister as a facility because such facility is engaged in 
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1 manufacturing, processing, packing, or holding 1 or 

2 more alcoholic beverages, with respect to the activities 

3 of such facility that relate to the manufacturing, 

4 processing, packing, or holding of alcoholic beverages. 

5 (b) LIMITED RECEIPT AND DISTRIBUTION OF NON6 ALCOHOL FOOD.—Subsection (a) shall not apply to a facil7 ity engaged in the receipt and distribution of any non8 alcohol food, except that such paragraph shall apply to a 

9 facility described in such paragraph that receives and dis10 tributes nonalcohol food, provided such food is received and 

11 distributed— 

12 (1) in a prepackaged form that prevents any di13 rect human contact with such food; and 

14 (2) in amounts that constitute not more than 5 

15 percent of the overall sales of such facility, as deter16 mined by the Secretary of the Treasury. 

17 (c) RULE OF CONSTRUCTION.—Except as provided in 

18 subsections (a) and (b), this section shall not be construed 

19 to exempt any food, other than alcoholic beverages, as de20 fined in section 214 of the Federal Alcohol Administration 

21 Act (27 U.S.C. 214), from the requirements of this Act (in22 cluding the amendments made by this Act). 
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1 TITLE II—IMPROVING CAPACITY 

2 TO DETECT AND RESPOND TO 

3 FOOD SAFETY PROBLEMS 

4 SEC. 6201. TARGETING OF INSPECTION RESOURCES FOR 

5 DOMESTIC FACILITIES, FOREIGN FACILITIES, 

6 AND PORTS OF ENTRY; ANNUAL REPORT. 

7 (a) TARGETING OF INSPECTION RESOURCES FOR DO8 MESTIC FACILITIES, FOREIGN FACILITIES, AND PORTS OF

9 ENTRY.—Chapter IV (21 U.S.C. 341 et seq.), as amended 

10 by section 6106, is amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 421. TARGETING OF INSPECTION RESOURCES FOR 

13 DOMESTIC FACILITIES, FOREIGN FACILITIES, 

14 AND PORTS OF ENTRY; ANNUAL REPORT. 

15 ‘‘(a) IDENTIFICATION AND INSPECTION OF FACILI16 TIES.— 

17 ‘‘(1) IDENTIFICATION.—The Secretary shall iden18 tify high-risk facilities and shall allocate resources to 

19 inspect facilities according to the known safety risks 

20 of the facilities, which shall be based on the following 

21 factors: 

22 ‘‘(A) The known safety risks of the food 

23 manufactured, processed, packed, or held at the 

24 facility. 
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1 ‘‘(B) The compliance history of a facility, 

2 including with regard to food recalls, outbreaks 

3 of foodborne illness, and violations of food safety 

4 standards. 

5 ‘‘(C) The rigor and effectiveness of the fa6 cility’s hazard analysis and risk-based preven7 tive controls. 

8 ‘‘(D) Whether the food manufactured, proc9 essed, packed, or held at the facility meets the 

10 criteria for priority under section 801(h)(1). 

11 ‘‘(E) Whether the food or the facility that 

12 manufactured, processed, packed, or held such 

13 food has received a certification as described in 

14 section 801(q) or 806, as appropriate. 

15 ‘‘(F) Any other criteria deemed necessary 

16 and appropriate by the Secretary for purposes of 

17 allocating inspection resources. 

18 ‘‘(2) INSPECTIONS.— 

19 ‘‘(A) IN GENERAL.—Beginning on the date 

20 of enactment of the FDA Food Safety Moderniza21 tion Act, the Secretary shall increase the fre22 quency of inspection of all facilities. 

23 ‘‘(B) DOMESTIC HIGH-RISK FACILITIES.— 

24 The Secretary shall increase the frequency of in25 spection of domestic facilities identified under 
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1 paragraph (1) as high-risk facilities such that 

2 each such facility is inspected— 

3 ‘‘(i) not less often than once in the 5- 

4 year period following the date of enactment 

5 of the FDA Food Safety Modernization Act; 

6 and 

7 ‘‘(ii) not less often than once every 3 

8 years thereafter. 

9 ‘‘(C) DOMESTIC NON-HIGH-RISK FACILI10 TIES.—The Secretary shall ensure that each do11 mestic facility that is not identified under para12 graph (1) as a high-risk facility is inspected— 

13 ‘‘(i) not less often than once in the 7- 

14 year period following the date of enactment 

15 of the FDA Food Safety Modernization Act; 

16 and 

17 ‘‘(ii) not less often than once every 5 

18 years thereafter. 

19 ‘‘(D) FOREIGN FACILITIES.— 

20 ‘‘(i) YEAR 1.—In the 1-year period fol21 lowing the date of enactment of the FDA 

22 Food Safety Modernization Act, the Sec23 retary shall inspect not fewer than 600 for24 eign facilities. 
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1 ‘‘(ii) SUBSEQUENT YEARS.—In each of 

2 the 5 years following the 1-year period de3 scribed in clause (i), the Secretary shall in4 spect not fewer than twice the number of 

5 foreign facilities inspected by the Secretary 

6 during the previous year. 

7 ‘‘(E) RELIANCE ON FEDERAL, STATE, OR

8 LOCAL INSPECTIONS.—In meeting the inspection 

9 requirements under this subsection for domestic 

10 facilities, the Secretary may rely on inspections 

11 conducted by other Federal, State, or local agen12 cies under interagency agreements, contracts, 

13 memoranda of understanding, or other obliga14 tions. 

15 ‘‘(b) IDENTIFICATION AND INSPECTION AT PORTS OF

16 ENTRY.—The Secretary, in consultation with the Secretary 

17 of Homeland Security, shall allocate resources to inspect 

18 any article of food imported into the United States accord19 ing to the known safety risks of the article of food, which 

20 shall be based on the following factors: 

21 ‘‘(1) The known safety risks of the food imported. 

22 ‘‘(2) The known safety risks of the countries or 

23 regions of origin and countries through which such 

24 article of food is transported. 
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1 ‘‘(3) The compliance history of the importer, in2 cluding with regard to food recalls, outbreaks of 

3 foodborne illness, and violations of food safety stand4 ards. 

5 ‘‘(4) The rigor and effectiveness of the activities 

6 conducted by the importer of such article of food to 

7 satisfy the requirements of the foreign supplier 

8 verification program under section 805. 

9 ‘‘(5) Whether the food importer participates in 

10 the voluntary qualified importer program under sec11 tion 806. 

12 ‘‘(6) Whether the food meets the criteria for pri13 ority under section 801(h)(1). 

14 ‘‘(7) Whether the food or the facility that manu15 factured, processed, packed, or held such food received 

16 a certification as described in section 801(q) or 806. 

17 ‘‘(8) Any other criteria deemed necessary and 

18 appropriate by the Secretary for purposes of allo19 cating inspection resources. 

20 ‘‘(c) INTERAGENCY AGREEMENTS WITH RESPECT TO

21 SEAFOOD.— 

22 ‘‘(1) IN GENERAL.—The Secretary of Health and 

23 Human Services, the Secretary of Commerce, the Sec24 retary of Homeland Security, the Chairman of the 

25 Federal Trade Commission, and the heads of other 
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1 appropriate agencies may enter into such agreements 

2 as may be necessary or appropriate to improve sea3 food safety. 

4 ‘‘(2) SCOPE OF AGREEMENTS.—The agreements 

5 under paragraph (1) may include— 

6 ‘‘(A) cooperative arrangements for exam7 ining and testing seafood imports that leverage 

8 the resources, capabilities, and authorities of 

9 each party to the agreement; 

10 ‘‘(B) coordination of inspections of foreign 

11 facilities to increase the percentage of imported 

12 seafood and seafood facilities inspected; 

13 ‘‘(C) standardization of data on seafood 

14 names, inspection records, and laboratory testing 

15 to improve interagency coordination; 

16 ‘‘(D) coordination to detect and investigate 

17 violations under applicable Federal law; 

18 ‘‘(E) a process, including the use or modi19 fication of existing processes, by which officers 

20 and employees of the National Oceanic and At21 mospheric Administration may be duly des22 ignated by the Secretary to carry out seafood ex23 aminations and investigations under section 801 

24 of this Act or section 203 of the Food Allergen 

25 Labeling and Consumer Protection Act of 2004; 
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1 ‘‘(F) the sharing of information concerning 

2 observed noncompliance with United States food 

3 requirements domestically and in foreign nations 

4 and new regulatory decisions and policies that 

5 may affect the safety of food imported into the 

6 United States; 

7 ‘‘(G) conducting joint training on subjects 

8 that affect and strengthen seafood inspection ef9 fectiveness by Federal authorities; and 

10 ‘‘(H) outreach on Federal efforts to enhance 

11 seafood safety and compliance with Federal food 

12 safety requirements. 

13 ‘‘(d) COORDINATION.—The Secretary shall improve co14 ordination and cooperation with the Secretary of Agri15 culture and the Secretary of Homeland Security to target 

16 food inspection resources. 

17 ‘‘(e) FACILITY.—For purposes of this section, the term 

18 ‘facility’ means a domestic facility or a foreign facility that 

19 is required to register under section 415.’’. 

20 (b) ANNUAL REPORT.—Section 1003 (21 U.S.C. 393) 

21 is amended by adding at the end the following: 

22 ‘‘(h) ANNUAL REPORT REGARDING FOOD.—Not later 

23 than February 1 of each year, the Secretary shall submit 

24 to Congress a report, including efforts to coordinate and 
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1 cooperate with other Federal agencies with responsibilities 

2 for food inspections, regarding— 

3 ‘‘(1) information about food facilities includ4 ing— 

5 ‘‘(A) the appropriations used to inspect fa6 cilities registered pursuant to section 415 in the 

7 previous fiscal year; 

8 ‘‘(B) the average cost of both a non-high9 risk food facility inspection and a high-risk food 

10 facility inspection, if such a difference exists, in 

11 the previous fiscal year; 

12 ‘‘(C) the number of domestic facilities and 

13 the number of foreign facilities registered pursu14 ant to section 415 that the Secretary inspected in 

15 the previous fiscal year; 

16 ‘‘(D) the number of domestic facilities and 

17 the number of foreign facilities registered pursu18 ant to section 415 that were scheduled for inspec19 tion in the previous fiscal year and which the 

20 Secretary did not inspect in such year; 

21 ‘‘(E) the number of high-risk facilities iden22 tified pursuant to section 421 that the Secretary 

23 inspected in the previous fiscal year; and 

24 ‘‘(F) the number of high-risk facilities iden25 tified pursuant to section 421 that were sched-
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1 uled for inspection in the previous fiscal year 

2 and which the Secretary did not inspect in such 

3 year. 

4 ‘‘(2) information about food imports including— 

5 ‘‘(A) the number of lines of food imported 

6 into the United States that the Secretary phys7 ically inspected or sampled in the previous fiscal 

8 year; 

9 ‘‘(B) the number of lines of food imported 

10 into the United States that the Secretary did not 

11 physically inspect or sample in the previous fis12 cal year; and 

13 ‘‘(C) the average cost of physically inspect14 ing or sampling a line of food subject to this Act 

15 that is imported or offered for import into the 

16 United States; and 

17 ‘‘(3) information on the foreign offices of the 

18 Food and Drug Administration including— 

19 ‘‘(A) the number of foreign offices estab20 lished; and 

21 ‘‘(B) the number of personnel permanently 

22 stationed in each foreign office. 

23 ‘‘(i) PUBLIC AVAILABILITY OF ANNUAL FOOD RE24 PORTS.—The Secretary shall make the reports required 
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1 under subsection (h) available to the public on the Internet 

2 Web site of the Food and Drug Administration.’’. 

3 (c) ADVISORY COMMITTEE CONSULTATION.—In allo4 cating inspection resources as described in section 421 of 

5 the Federal Food, Drug, and Cosmetic Act (as added by 

6 subsection (a)), the Secretary may, as appropriate, consult 

7 with any relevant advisory committee within the Depart8 ment of Health and Human Services. 

9 SEC. 6202. LABORATORY ACCREDITATION FOR ANALYSES 

10 OF FOODS. 

11 (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et seq.), 

12 as amended by section 6201, is amended by adding at the 

13 end the following: 

14 ‘‘SEC. 422. LABORATORY ACCREDITATION FOR ANALYSES 

15 OF FOODS. 

16 ‘‘(a) RECOGNITION OF LABORATORY ACCREDITA17 TION.— 

18 ‘‘(1) IN GENERAL.—Not later than 2 years after 

19 the date of enactment of the FDA Food Safety Mod20 ernization Act, the Secretary shall— 

21 ‘‘(A) establish a program for the testing of 

22 food by accredited laboratories; 

23 ‘‘(B) establish a publicly available registry 

24 of accreditation bodies recognized by the Sec25 retary and laboratories accredited by a recog-
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1 nized accreditation body, including the name of, 

2 contact information for, and other information 

3 deemed appropriate by the Secretary about such 

4 bodies and laboratories; and 

5 ‘‘(C) require, as a condition of recognition 

6 or accreditation, as appropriate, that recognized 

7 accreditation bodies and accredited laboratories 

8 report to the Secretary any changes that would 

9 affect the recognition of such accreditation body 

10 or the accreditation of such laboratory. 

11 ‘‘(2) PROGRAM REQUIREMENTS.—The program 

12 established under paragraph (1)(A) shall provide for 

13 the recognition of laboratory accreditation bodies that 

14 meet criteria established by the Secretary for accredi15 tation of laboratories, including independent private 

16 laboratories and laboratories run and operated by a 

17 Federal agency (including the Department of Com18 merce), State, or locality with a demonstrated capa19 bility to conduct 1 or more sampling and analytical 

20 testing methodologies for food. 

21 ‘‘(3) INCREASING THE NUMBER OF QUALIFIED

22 LABORATORIES.—The Secretary shall work with the 

23 laboratory accreditation bodies recognized under 

24 paragraph (1), as appropriate, to increase the num25 ber of qualified laboratories that are eligible to per-
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1 form testing under subsection (b) beyond the number 

2 so qualified on the date of enactment of the FDA Food 

3 Safety Modernization Act. 

4 ‘‘(4) LIMITED DISTRIBUTION.—In the interest of 

5 national security, the Secretary, in coordination with 

6 the Secretary of Homeland Security, may determine 

7 the time, manner, and form in which the registry es8 tablished under paragraph (1)(B) is made publicly 

9 available. 

10 ‘‘(5) FOREIGN LABORATORIES.—Accreditation 

11 bodies recognized by the Secretary under paragraph 

12 (1) may accredit laboratories that operate outside the 

13 United States, so long as such laboratories meet the 

14 accreditation standards applicable to domestic labora15 tories accredited under this section. 

16 ‘‘(6) MODEL LABORATORY STANDARDS.—The 

17 Secretary shall develop model standards that a lab18 oratory shall meet to be accredited by a recognized ac19 creditation body for a specified sampling or analyt20 ical testing methodology and included in the registry 

21 provided for under paragraph (1). In developing the 

22 model standards, the Secretary shall consult existing 

23 standards for guidance. The model standards shall in24 clude— 

25 ‘‘(A) methods to ensure that— 
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1 ‘‘(i) appropriate sampling, analytical 

2 procedures (including rapid analytical pro3 cedures), and commercially available tech4 niques are followed and reports of analyses 

5 are certified as true and accurate; 

6 ‘‘(ii) internal quality systems are es7 tablished and maintained; 

8 ‘‘(iii) procedures exist to evaluate and 

9 respond promptly to complaints regarding 

10 analyses and other activities for which the 

11 laboratory is accredited; and 

12 ‘‘(iv) individuals who conduct the sam13 pling and analyses are qualified by train14 ing and experience to do so; and 

15 ‘‘(B) any other criteria determined appro16 priate by the Secretary. 

17 ‘‘(7) REVIEW OF RECOGNITION.—To ensure com18 pliance with the requirements of this section, the Sec19 retary— 

20 ‘‘(A) shall periodically, and in no case less 

21 than once every 5 years, reevaluate accreditation 

22 bodies recognized under paragraph (1) and may 

23 accompany auditors from an accreditation body 

24 to assess whether the accreditation body meets 

25 the criteria for recognition; and 
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1 ‘‘(B) shall promptly revoke the recognition 

2 of any accreditation body found not to be in 

3 compliance with the requirements of this section, 

4 specifying, as appropriate, any terms and condi5 tions necessary for laboratories accredited by 

6 such body to continue to perform testing as de7 scribed in this section. 

8 ‘‘(b) TESTING PROCEDURES.— 

9 ‘‘(1) IN GENERAL.—Not later than 30 months 

10 after the date of enactment of the FDA Food Safety 

11 Modernization Act, food testing shall be conducted by 

12 Federal laboratories or non-Federal laboratories that 

13 have been accredited for the appropriate sampling or 

14 analytical testing methodology or methodologies by a 

15 recognized accreditation body on the registry estab16 lished by the Secretary under subsection (a)(1)(B) 

17 whenever such testing is conducted— 

18 ‘‘(A) by or on behalf of an owner or con19 signee— 

20 ‘‘(i) in response to a specific testing re21 quirement under this Act or implementing 

22 regulations, when applied to address an 

23 identified or suspected food safety problem; 

24 and 
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1 ‘‘(ii) as required by the Secretary, as 

2 the Secretary deems appropriate, to address 

3 an identified or suspected food safety prob4 lem; or 

5 ‘‘(B) on behalf of an owner or consignee— 

6 ‘‘(i) in support of admission of an ar7 ticle of food under section 801(a); and 

8 ‘‘(ii) under an Import Alert that re9 quires successful consecutive tests. 

10 ‘‘(2) RESULTS OF TESTING.—The results of any 

11 such testing shall be sent directly to the Food and 

12 Drug Administration, except the Secretary may by 

13 regulation exempt test results from such submission 

14 requirement if the Secretary determines that such re15 sults do not contribute to the protection of public 

16 health. Test results required to be submitted may be 

17 submitted to the Food and Drug Administration 

18 through electronic means. 

19 ‘‘(3) EXCEPTION.—The Secretary may waive re20 quirements under this subsection if— 

21 ‘‘(A) a new methodology or methodologies 

22 have been developed and validated but a labora23 tory has not yet been accredited to perform such 

24 methodology or methodologies; and 
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1 ‘‘(B) the use of such methodology or meth2 odologies are necessary to prevent, control, or 

3 mitigate a food emergency or foodborne illness 

4 outbreak. 

5 ‘‘(c) REVIEW BY SECRETARY.—If food sampling and 

6 testing performed by a laboratory run and operated by a 

7 State or locality that is accredited by a recognized accredi8 tation body on the registry established by the Secretary 

9 under subsection (a) result in a State recalling a food, the 

10 Secretary shall review the sampling and testing results for 

11 the purpose of determining the need for a national recall 

12 or other compliance and enforcement activities. 

13 ‘‘(d) NO LIMIT ON SECRETARIAL AUTHORITY.—Noth14 ing in this section shall be construed to limit the ability 

15 of the Secretary to review and act upon information from 

16 food testing, including determining the sufficiency of such 

17 information and testing.’’. 

18 (b) FOOD EMERGENCY RESPONSE NETWORK.—The 

19 Secretary, in coordination with the Secretary of Agri20 culture, the Secretary of Homeland Security, and State, 

21 local, and tribal governments shall, not later than 180 days 

22 after the date of enactment of this Act, and biennially there23 after, submit to the relevant committees of Congress, and 

24 make publicly available on the Internet Web site of the De25 partment of Health and Human Services, a report on the 
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1 progress in implementing a national food emergency re2 sponse laboratory network that— 

3 (1) provides ongoing surveillance, rapid detec4 tion, and surge capacity for large-scale food-related 

5 emergencies, including intentional adulteration of the 

6 food supply; 

7 (2) coordinates the food laboratory capacities of 

8 State, local, and tribal food laboratories, including 

9 the adoption of novel surveillance and identification 

10 technologies and the sharing of data among Federal 

11 agencies and State laboratories to develop national 

12 situational awareness; 

13 (3) provides accessible, timely, accurate, and 

14 consistent food laboratory services throughout the 

15 United States; 

16 (4) develops and implements a methods reposi17 tory for use by Federal, State, and local officials; 

18 (5) responds to food-related emergencies; and 

19 (6) is integrated with relevant laboratory net20 works administered by other Federal agencies. 

21 SEC. 6203. INTEGRATED CONSORTIUM OF LABORATORY 

22 NETWORKS. 

23 (a) IN GENERAL.—The Secretary of Homeland Secu24 rity, in coordination with the Secretary of Health and 

25 Human Services, the Secretary of Agriculture, the Secretary 
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1 of Commerce, and the Administrator of the Environmental 

2 Protection Agency, shall maintain an agreement through 

3 which relevant laboratory network members, as determined 

4 by the Secretary of Homeland Security, shall— 

5 (1) agree on common laboratory methods in 

6 order to reduce the time required to detect and re7 spond to foodborne illness outbreaks and facilitate the 

8 sharing of knowledge and information relating to ani9 mal health, agriculture, and human health; 

10 (2) identify means by which laboratory network 

11 members could work cooperatively— 

12 (A) to optimize national laboratory pre13 paredness; and 

14 (B) to provide surge capacity during emer15 gencies; and 

16 (3) engage in ongoing dialogue and build rela17 tionships that will support a more effective and inte18 grated response during emergencies. 

19 (b) REPORTING REQUIREMENT.—The Secretary of 

20 Homeland Security shall, on a biennial basis, submit to 

21 the relevant committees of Congress, and make publicly 

22 available on the Internet Web site of the Department of 

23 Homeland Security, a report on the progress of the inte24 grated consortium of laboratory networks, as established 

25 under subsection (a), in carrying out this section. 
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1 SEC. 6204. ENHANCING TRACKING AND TRACING OF FOOD 

2 AND RECORDKEEPING. 

3 (a) PILOT PROJECTS.— 

4 (1) IN GENERAL.—Not later than 270 days after 

5 the date of enactment of this Act, the Secretary of 

6 Health and Human Services (referred to in this sec7 tion as the ‘‘Secretary’’), taking into account rec8 ommendations from the Secretary of Agriculture and 

9 representatives of State departments of health and ag10 riculture, shall establish pilot projects in coordination 

11 with the food industry to explore and evaluate meth12 ods to rapidly and effectively identify recipients of 

13 food to prevent or mitigate a foodborne illness out14 break and to address credible threats of serious ad15 verse health consequences or death to humans or ani16 mals as a result of such food being adulterated under 

17 section 402 of the Federal Food, Drug, and Cosmetic 

18 Act (21 U.S.C. 342) or misbranded under section 

19 403(w) of such Act (21 U.S.C. 343(w)). 

20 (2) CONTENT.—The Secretary shall conduct 1 or 

21 more pilot projects under paragraph (1) in coordina22 tion with the processed food sector and 1 or more such 

23 pilot projects in coordination with processors or dis24 tributors of fruits and vegetables that are raw agricul25 tural commodities. The Secretary shall ensure that the 

26 pilot projects under paragraph (1) reflect the diver-
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1 sity of the food supply and include at least 3 different 

2 types of foods that have been the subject of significant 

3 outbreaks during the 5-year period preceding the date 

4 of enactment of this Act, and are selected in order 

5 to— 

6 (A) develop and demonstrate methods for 

7 rapid and effective tracking and tracing of foods 

8 in a manner that is practicable for facilities of 

9 varying sizes, including small businesses; 

10 (B) develop and demonstrate appropriate 

11 technologies, including technologies existing on 

12 the date of enactment of this Act, that enhance 

13 the tracking and tracing of food; and 

14 (C) inform the promulgation of regulations 

15 under subsection (d). 

16 (3) REPORT.—Not later than 18 months after the 

17 date of enactment of this Act, the Secretary shall re18 port to Congress on the findings of the pilot projects 

19 under this subsection together with recommendations 

20 for improving the tracking and tracing of food. 

21 (b) ADDITIONAL DATA GATHERING.— 

22 (1) IN GENERAL.—The Secretary, in coordina23 tion with the Secretary of Agriculture and multiple 

24 representatives of State departments of health and ag25 riculture, shall assess— 
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1 (A) the costs and benefits associated with 

2 the adoption and use of several product tracing 

3 technologies, including technologies used in the 

4 pilot projects under subsection (a); 

5 (B) the feasibility of such technologies for 

6 different sectors of the food industry, including 

7 small businesses; and 

8 (C) whether such technologies are compat9 ible with the requirements of this subsection. 

10 (2) REQUIREMENTS.—To the extent practicable, 

11 in carrying out paragraph (1), the Secretary shall— 

12 (A) evaluate domestic and international 

13 product tracing practices in commercial use; 

14 (B) consider international efforts, including 

15 an assessment of whether product tracing re16 quirements developed under this section are com17 patible with global tracing systems, as appro18 priate; and 

19 (C) consult with a diverse and broad range 

20 of experts and stakeholders, including representa21 tives of the food industry, agricultural producers, 

22 and nongovernmental organizations that rep23 resent the interests of consumers. 

24 (c) PRODUCT TRACING SYSTEM.—The Secretary, in 

25 consultation with the Secretary of Agriculture, shall, as ap-
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1 propriate, establish within the Food and Drug Administra2 tion a product tracing system to receive information that 

3 improves the capacity of the Secretary to effectively and 

4 rapidly track and trace food that is in the United States 

5 or offered for import into the United States. Prior to the 

6 establishment of such product tracing system, the Secretary 

7 shall examine the results of applicable pilot projects and 

8 shall ensure that the activities of such system are adequately 

9 supported by the results of such pilot projects. 

10 (d) ADDITIONAL RECORDKEEPING REQUIREMENTS

11 FOR HIGH-RISK FOODS.— 

12 (1) IN GENERAL.—In order to rapidly and effec13 tively identify recipients of a food to prevent or miti14 gate a foodborne illness outbreak and to address cred15 ible threats of serious adverse health consequences or 

16 death to humans or animals as a result of such food 

17 being adulterated under section 402 of the Federal 

18 Food, Drug, and Cosmetic Act or misbranded under 

19 section 403(w) of such Act, not later than 2 years 

20 after the date of enactment of this Act, the Secretary 

21 shall publish a notice of proposed rulemaking to es22 tablish recordkeeping requirements, in addition to the 

23 requirements under section 414 of the Federal Food, 

24 Drug, and Cosmetic Act (21 U.S.C. 350c) and sub25 part J of part 1 of title 21, Code of Federal Regula-
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1 tions (or any successor regulations), for facilities that 

2 manufacture, process, pack, or hold foods that the Sec3 retary designates under paragraph (2) as high-risk 

4 foods. The Secretary shall set an appropriate effective 

5 date of such additional requirements for foods des6 ignated as high risk that takes into account the length 

7 of time necessary to comply with such requirements. 

8 Such requirements shall— 

9 (A) relate only to information that is rea10 sonably available and appropriate; 

11 (B) be science-based; 

12 (C) not prescribe specific technologies for the 

13 maintenance of records; 

14 (D) ensure that the public health benefits of 

15 imposing additional recordkeeping requirements 

16 outweigh the cost of compliance with such re17 quirements; 

18 (E) be scale-appropriate and practicable for 

19 facilities of varying sizes and capabilities with 

20 respect to costs and recordkeeping burdens, and 

21 not require the creation and maintenance of du22 plicate records where the information is con23 tained in other company records kept in the nor24 mal course of business; 
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1 (F) minimize the number of different rec2 ordkeeping requirements for facilities that handle 

3 more than 1 type of food; 

4 (G) to the extent practicable, not require a 

5 facility to change business systems to comply 

6 with such requirements; 

7 (H) allow any person subject to this sub8 section to maintain records required under this 

9 subsection at a central or reasonably accessible 

10 location provided that such records can be made 

11 available to the Secretary not later than 24 

12 hours after the Secretary requests such records; 

13 (I) include a process by which the Secretary 

14 may issue a waiver of the requirements under 

15 this subsection if the Secretary determines that 

16 such requirements would result in an economic 

17 hardship for an individual facility or a type of 

18 facility; 

19 (J) be commensurate with the known safety 

20 risks of the designated food; 

21 (K) take into account international trade 

22 obligations; 

23 (L) not require— 
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1 (i) a full pedigree, or a record of the 

2 complete previous distribution history of the 

3 food from the point of origin of such food; 

4 (ii) records of recipients of a food be5 yond the immediate subsequent recipient of 

6 such food; or 

7 (iii) product tracking to the case level 

8 by persons subject to such requirements; and 

9 (M) include a process by which the Sec10 retary may remove a high-risk food designation 

11 developed under paragraph (2) for a food or type 

12 of food. 

13 (2) DESIGNATION OF HIGH-RISK FOODS.— 

14 (A) IN GENERAL.—Not later than 1 year 

15 after the date of enactment of this Act, and there16 after as the Secretary determines necessary, the 

17 Secretary shall designate high-risk foods for 

18 which the additional recordkeeping requirements 

19 described in paragraph (1) are appropriate and 

20 necessary to protect the public health. Each such 

21 designation shall be based on— 

22 (i) the known safety risks of a par23 ticular food, including the history and se24 verity of foodborne illness outbreaks attrib25 uted to such food, taking into consideration 
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1 foodborne illness data collected by the Cen2 ters for Disease Control and Prevention; 

3 (ii) the likelihood that a particular 

4 food has a high potential risk for micro5 biological or chemical contamination or 

6 would support the growth of pathogenic 

7 microorganisms due to the nature of the 

8 food or the processes used to produce such 

9 food; 

10 (iii) the point in the manufacturing 

11 process of the food where contamination is 

12 most likely to occur; 

13 (iv) the likelihood of contamination 

14 and steps taken during the manufacturing 

15 process to reduce the possibility of contami16 nation; 

17 (v) the likelihood that consuming a 

18 particular food will result in a foodborne 

19 illness due to contamination of the food; 

20 and 

21 (vi) the likely or known severity, in22 cluding health and economic impacts, of a 

23 foodborne illness attributed to a particular 

24 food. 
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1 (B) LIST OF HIGH-RISK FOODS.—At the 

2 time the Secretary promulgates the final rules 

3 under paragraph (1), the Secretary shall publish 

4 the list of the foods designated under subpara5 graph (A) as high-risk foods on the Internet 

6 website of the Food and Drug Administration. 

7 The Secretary may update the list to designate 

8 new high-risk foods and to remove foods that are 

9 no longer deemed to be high-risk foods, provided 

10 that each such update to the list is consistent 

11 with the requirements of this subsection and no12 tice of such update is published in the Federal 

13 Register. 

14 (3) PROTECTION OF SENSITIVE INFORMATION.— 

15 In promulgating regulations under this subsection, 

16 the Secretary shall take appropriate measures to en17 sure that there are effective procedures to prevent the 

18 unauthorized disclosure of any trade secret or con19 fidential information that is obtained by the Sec20 retary pursuant to this section, including periodic 

21 risk assessment and planning to prevent unauthorized 

22 release and controls to— 

23 (A) prevent unauthorized reproduction of 

24 trade secret or confidential information; 
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1 (B) prevent unauthorized access to trade se2 cret or confidential information; and 

3 (C) maintain records with respect to access 

4 by any person to trade secret or confidential in5 formation maintained by the agency. 

6 (4) PUBLIC INPUT.—During the comment period 

7 in the notice of proposed rulemaking under para8 graph (1), the Secretary shall conduct not less than 

9 3 public meetings in diverse geographical areas of the 

10 United States to provide persons in different regions 

11 an opportunity to comment. 

12 (5) RETENTION OF RECORDS.—Except as other13 wise provided in this subsection, the Secretary may 

14 require that a facility retain records under this sub15 section for not more than 2 years, taking into consid16 eration the risk of spoilage, loss of value, or loss of 

17 palatability of the applicable food when determining 

18 the appropriate timeframes. 

19 (6) LIMITATIONS.— 

20 (A) FARM-TO-SCHOOL PROGRAMS.—In es21 tablishing requirements under this subsection, 

22 the Secretary shall, in consultation with the Sec23 retary of Agriculture, consider the impact of re24 quirements on farm-to-school or farm-to-institu25 tion programs of the Department of Agriculture 
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1 and other farm-to-school and farm-to-institution 

2 programs outside such agency, and shall modify 

3 the requirements under this subsection, as appro4 priate, with respect to such programs so that the 

5 requirements do not place undue burdens on 

6 farm-to-school or farm-to-institution programs. 

7 (B) IDENTITY-PRESERVED LABELS WITH

8 RESPECT TO FARM SALES OF FOOD THAT IS PRO9 DUCED AND PACKAGED ON A FARM.—The re10 quirements under this subsection shall not apply 

11 to a food that is produced and packaged on a 

12 farm if— 

13 (i) the packaging of the food maintains 

14 the integrity of the product and prevents 

15 subsequent contamination or alteration of 

16 the product; and 

17 (ii) the labeling of the food includes the 

18 name, complete address (street address, 

19 town, State, country, and zip or other post20 al code), and business phone number of the 

21 farm, unless the Secretary waives the re22 quirement to include a business phone num23 ber of the farm, as appropriate, in order to 

24 accommodate a religious belief of the indi25 vidual in charge of such farm. 
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1 (C) FISHING VESSELS.—The requirements 

2 under this subsection with respect to a food that 

3 is produced through the use of a fishing vessel (as 

4 defined in section 3(18) of the Magnuson-Stevens 

5 Fishery Conservation and Management Act (16 

6 U.S.C. 1802(18))) shall be limited to the require7 ments under subparagraph (F) until such time 

8 as the food is sold by the owner, operator, or 

9 agent in charge of such fishing vessel. 

10 (D) COMMINGLED RAW AGRICULTURAL COM11 MODITIES.— 

12 (i) LIMITATION ON EXTENT OF TRAC13 ING.—Recordkeeping requirements under 

14 this subsection with regard to any commin15 gled raw agricultural commodity shall be 

16 limited to the requirements under subpara17 graph (F). 

18 (ii) DEFINITIONS.—For the purposes of 

19 this subparagraph— 

20 (I) the term ‘‘commingled raw ag21 ricultural commodity’’ means any 

22 commodity that is combined or mixed 

23 after harvesting, but before processing; 

24 (II) the term ‘‘commingled raw 

25 agricultural commodity’’ shall not in-
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1 clude types of fruits and vegetables that 

2 are raw agricultural commodities for 

3 which the Secretary has determined 

4 that standards promulgated under sec5 tion 419 of the Federal Food, Drug, 

6 and Cosmetic Act (as added by section 

7 6105) would minimize the risk of seri8 ous adverse health consequences or 

9 death; and 

10 (III) the term ‘‘processing’’ means 

11 operations that alter the general state 

12 of the commodity, such as canning, 

13 cooking, freezing, dehydration, milling, 

14 grinding, pasteurization, or homogeni15 zation. 

16 (E) EXEMPTION OF OTHER FOODS.—The 

17 Secretary may, by notice in the Federal Register, 

18 modify the requirements under this subsection 

19 with respect to, or exempt a food or a type of fa20 cility from, the requirements of this subsection 

21 (other than the requirements under subpara22 graph (F), if applicable) if the Secretary deter23 mines that product tracing requirements for such 

24 food (such as bulk or commingled ingredients 

25 that are intended to be processed to destroy 
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1 pathogens) or type of facility is not necessary to 

2 protect the public health. 

3 (F) RECORDKEEPING REGARDING PREVIOUS

4 SOURCES AND SUBSEQUENT RECIPIENTS.—In the 

5 case of a person or food to which a limitation or 

6 exemption under subparagraph (C), (D), or (E) 

7 applies, if such person, or a person who manu8 factures, processes, packs, or holds such food, is 

9 required to register with the Secretary under sec10 tion 415 of the Federal Food, Drug, and Cos11 metic Act (21 U.S.C. 350d) with respect to the 

12 manufacturing, processing, packing, or holding 

13 of the applicable food, the Secretary shall require 

14 such person to maintain records that identify the 

15 immediate previous source of such food and the 

16 immediate subsequent recipient of such food. 

17 (G) GROCERY STORES.—With respect to a 

18 sale of a food described in subparagraph (H) to 

19 a grocery store, the Secretary shall not require 

20 such grocery store to maintain records under this 

21 subsection other than records documenting the 

22 farm that was the source of such food. The Sec23 retary shall not require that such records be kept 

24 for more than 180 days. 
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1 (H) FARM SALES TO CONSUMERS.—The 

2 Secretary shall not require a farm to maintain 

3 any distribution records under this subsection 

4 with respect to a sale of a food described in sub5 paragraph (I) (including a sale of a food that is 

6 produced and packaged on such farm), if such 

7 sale is made by the farm directly to a consumer. 

8 (I) SALE OF A FOOD.—A sale of a food de9 scribed in this subparagraph is a sale of a food 

10 in which— 

11 (i) the food is produced on a farm; and 

12 (ii) the sale is made by the owner, op13 erator, or agent in charge of such farm di14 rectly to a consumer or grocery store. 

15 (7) NO IMPACT ON NON-HIGH-RISK FOODS.—The 

16 recordkeeping requirements established under para17 graph (1) shall have no effect on foods that are not 

18 designated by the Secretary under paragraph (2) as 

19 high-risk foods. Foods described in the preceding sen20 tence shall be subject solely to the recordkeeping re21 quirements under section 414 of the Federal Food, 

22 Drug, and Cosmetic Act (21 U.S.C. 350c) and sub23 part J of part 1 of title 21, Code of Federal Regula24 tions (or any successor regulations). 

25 (e) EVALUATION AND RECOMMENDATIONS.— 
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1 (1) REPORT.—Not later than 1 year after the ef2 fective date of the final rule promulgated under sub3 section (d)(1), the Comptroller General of the United 

4 States shall submit to Congress a report, taking into 

5 consideration the costs of compliance and other regu6 latory burdens on small businesses and Federal, 

7 State, and local food safety practices and require8 ments, that evaluates the public health benefits and 

9 risks, if any, of limiting— 

10 (A) the product tracing requirements under 

11 subsection (d) to foods identified under para12 graph (2) of such subsection, including whether 

13 such requirements provide adequate assurance of 

14 traceability in the event of intentional adultera15 tion, including by acts of terrorism; and 

16 (B) the participation of restaurants in the 

17 recordkeeping requirements. 

18 (2) DETERMINATION AND RECOMMENDATIONS.— 

19 In conducting the evaluation and report under para20 graph (1), if the Comptroller General of the United 

21 States determines that the limitations described in 

22 such paragraph do not adequately protect the public 

23 health, the Comptroller General shall submit to Con24 gress recommendations, if appropriate, regarding rec-
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1 ordkeeping requirements for restaurants and addi2 tional foods, in order to protect the public health. 

3 (f) FARMS.— 

4 (1) REQUEST FOR INFORMATION.—Notwith5 standing subsection (d), during an active investiga6 tion of a foodborne illness outbreak, or if the Sec7 retary determines it is necessary to protect the public 

8 health and prevent or mitigate a foodborne illness 

9 outbreak, the Secretary, in consultation and coordina10 tion with State and local agencies responsible for food 

11 safety, as appropriate, may request that the owner, 

12 operator, or agent of a farm identify potential imme13 diate recipients, other than consumers, of an article 

14 of the food that is the subject of such investigation if 

15 the Secretary reasonably believes such article of 

16 food— 

17 (A) is adulterated under section 402 of the 

18 Federal Food, Drug, and Cosmetic Act; 

19 (B) presents a threat of serious adverse 

20 health consequences or death to humans or ani21 mals; and 

22 (C) was adulterated as described in sub23 paragraph (A) on a particular farm (as defined 

24 in section 1.227 of chapter 21, Code of Federal 

25 Regulations (or any successor regulation)). 
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1 (2) MANNER OF REQUEST.—In making a request 

2 under paragraph (1), the Secretary, in consultation 

3 and coordination with State and local agencies re4 sponsible for food safety, as appropriate, shall issue a 

5 written notice to the owner, operator, or agent of the 

6 farm to which the article of food has been traced. The 

7 individual providing such notice shall present to such 

8 owner, operator, or agent appropriate credentials and 

9 shall deliver such notice at reasonable times and with10 in reasonable limits and in a reasonable manner. 

11 (3) DELIVERY OF INFORMATION REQUESTED.— 

12 The owner, operator, or agent of a farm shall deliver 

13 the information requested under paragraph (1) in a 

14 prompt and reasonable manner. Such information 

15 may consist of records kept in the normal course of 

16 business, and may be in electronic or nonelectronic 

17 format. 

18 (4) LIMITATION.—A request made under para19 graph (1) shall not include a request for information 

20 relating to the finances, pricing of commodities pro21 duced, personnel, research, sales (other than informa22 tion relating to shipping), or other disclosures that 

23 may reveal trade secrets or confidential information 

24 from the farm to which the article of food has been 

25 traced, other than information necessary to identify 
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1 potential immediate recipients of such food. Section 

2 301(j) of the Federal Food, Drug, and Cosmetic Act 

3 and the Freedom of Information Act shall apply with 

4 respect to any confidential commercial information 

5 that is disclosed to the Food and Drug Administra6 tion in the course of responding to a request under 

7 paragraph (1). 

8 (5) RECORDS.—Except with respect to identi9 fying potential immediate recipients in response to a 

10 request under this subsection, nothing in this sub11 section shall require the establishment or maintenance 

12 by farms of new records. 

13 (g) NO LIMITATION ON COMMINGLING OF FOOD.— 

14 Nothing in this section shall be construed to authorize the 

15 Secretary to impose any limitation on the commingling of 

16 food. 

17 (h) SMALL ENTITY COMPLIANCE GUIDE.—Not later 

18 than 180 days after promulgation of a final rule under sub19 section (d), the Secretary shall issue a small entity compli20 ance guide setting forth in plain language the requirements 

21 of the regulations under such subsection in order to assist 

22 small entities, including farms and small businesses, in 

23 complying with the recordkeeping requirements under such 

24 subsection. 
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1 (i) FLEXIBILITY FOR SMALL BUSINESSES.—Notwith2 standing any other provision of law, the regulations pro3 mulgated under subsection (d) shall apply— 

4 (1) to small businesses (as defined by the Sec5 retary in section 6103, not later than 90 days after 

6 the date of enactment of this Act) beginning on the 

7 date that is 1 year after the effective date of the final 

8 regulations promulgated under subsection (d); and 

9 (2) to very small businesses (as defined by the 

10 Secretary in section 6103, not later than 90 days 

11 after the date of enactment of this Act) beginning on 

12 the date that is 2 years after the effective date of the 

13 final regulations promulgated under subsection (d). 

14 (j) ENFORCEMENT.— 

15 (1) PROHIBITED ACTS.—Section 301(e) (21 

16 U.S.C. 331(e)) is amended by inserting ‘‘; or the vio17 lation of any recordkeeping requirement under section 

18 6204 of the FDA Food Safety Modernization Act (ex19 cept when such violation is committed by a farm)’’ 

20 before the period at the end. 

21 (2) IMPORTS.—Section 801(a) (21 U.S.C. 

22 381(a)) is amended by inserting ‘‘or (4) the record23 keeping requirements under section 6204 of the FDA 

24 Food Safety Modernization Act (other than the re25 quirements under subsection (f) of such section) have 
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1 not been complied with regarding such article,’’ in the 

2 third sentence before ‘‘then such article shall be re3 fused admission’’. 

4 SEC. 6205. SURVEILLANCE. 

5 (a) DEFINITION OF FOODBORNE ILLNESS OUT6 BREAK.—In this Act, the term ‘‘foodborne illness outbreak’’ 

7 means the occurrence of 2 or more cases of a similar illness 

8 resulting from the ingestion of a certain food. 

9 (b) FOODBORNE ILLNESS SURVEILLANCE SYSTEMS.— 

10 (1) IN GENERAL.—The Secretary, acting through 

11 the Director of the Centers for Disease Control and 

12 Prevention, shall enhance foodborne illness surveil13 lance systems to improve the collection, analysis, re14 porting, and usefulness of data on foodborne illnesses 

15 by— 

16 (A) coordinating Federal, State, and local 

17 foodborne illness surveillance systems, including 

18 complaint systems, and increasing participation 

19 in national networks of public health and food 

20 regulatory agencies and laboratories; 

21 (B) facilitating sharing of surveillance in22 formation on a more timely basis among govern23 mental agencies, including the Food and Drug 

24 Administration, the Department of Agriculture, 
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1 the Department of Homeland Security, and 

2 State and local agencies, and with the public; 

3 (C) developing improved epidemiological 

4 tools for obtaining quality exposure data and 

5 microbiological methods for classifying cases; 

6 (D) augmenting such systems to improve at7 tribution of a foodborne illness outbreak to a spe8 cific food; 

9 (E) expanding capacity of such systems, in10 cluding working toward automatic electronic 

11 searches, for implementation of identification 

12 practices, including fingerprinting strategies, for 

13 foodborne infectious agents, in order to identify 

14 new or rarely documented causes of foodborne ill15 ness and submit standardized information to a 

16 centralized database; 

17 (F) allowing timely public access to aggre18 gated, de-identified surveillance data; 

19 (G) at least annually, publishing current 

20 reports on findings from such systems; 

21 (H) establishing a flexible mechanism for 

22 rapidly initiating scientific research by aca23 demic institutions; 

24 (I) integrating foodborne illness surveillance 

25 systems and data with other biosurveillance and 
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1 public health situational awareness capabilities 

2 at the Federal, State, and local levels, including 

3 by sharing foodborne illness surveillance data 

4 with the National Biosurveillance Integration 

5 Center; and 

6 (J) other activities as determined appro7 priate by the Secretary. 

8 (2) WORKING GROUP.—The Secretary shall sup9 port and maintain a diverse working group of experts 

10 and stakeholders from Federal, State, and local food 

11 safety and health agencies, the food and food testing 

12 industries, consumer organizations, and academia. 

13 Such working group shall provide the Secretary, 

14 through at least annual meetings of the working 

15 group and an annual public report, advice and rec16 ommendations on an ongoing and regular basis re17 garding the improvement of foodborne illness surveil18 lance and implementation of this section, including 

19 advice and recommendations on— 

20 (A) the priority needs of regulatory agen21 cies, the food industry, and consumers for infor22 mation and analysis on foodborne illness and its 

23 causes; 

24 (B) opportunities to improve the effective25 ness of initiatives at the Federal, State, and 
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1 local levels, including coordination and integra2 tion of activities among Federal agencies, and 

3 among the Federal, State, and local levels of gov4 ernment; 

5 (C) improvement in the timeliness and 

6 depth of access by regulatory and health agen7 cies, the food industry, academic researchers, and 

8 consumers to foodborne illness aggregated, de9 identified surveillance data collected by govern10 ment agencies at all levels, including data com11 piled by the Centers for Disease Control and Pre12 vention; 

13 (D) key barriers at Federal, State, and local 

14 levels to improving foodborne illness surveillance 

15 and the utility of such surveillance for pre16 venting foodborne illness; 

17 (E) the capabilities needed for establishing 

18 automatic electronic searches of surveillance 

19 data; and 

20 (F) specific actions to reduce barriers to im21 provement, implement the working group’s rec22 ommendations, and achieve the purposes of this 

23 section, with measurable objectives and timelines, 

24 and identification of resource and staffing needs. 
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1 (3) AUTHORIZATION OF APPROPRIATIONS.—To 

2 carry out the activities described in paragraph (1), 

3 there is authorized to be appropriated $24,000,000 for 

4 each fiscal years 2011 through 2015. 

5 (c) IMPROVING FOOD SAFETY AND DEFENSE CAPACITY

6 AT THE STATE AND LOCAL LEVEL.— 

7 (1) IN GENERAL.—The Secretary shall develop 

8 and implement strategies to leverage and enhance the 

9 food safety and defense capacities of State and local 

10 agencies in order to achieve the following goals: 

11 (A) Improve foodborne illness outbreak re12 sponse and containment. 

13 (B) Accelerate foodborne illness surveillance 

14 and outbreak investigation, including rapid 

15 shipment of clinical isolates from clinical labora16 tories to appropriate State laboratories, and con17 ducting more standardized illness outbreak inter18 views. 

19 (C) Strengthen the capacity of State and 

20 local agencies to carry out inspections and en21 force safety standards. 

22 (D) Improve the effectiveness of Federal, 

23 State, and local partnerships to coordinate food 

24 safety and defense resources and reduce the inci25 dence of foodborne illness. 
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1 (E) Share information on a timely basis 

2 among public health and food regulatory agen3 cies, with the food industry, with health care 

4 providers, and with the public. 

5 (F) Strengthen the capacity of State and 

6 local agencies to achieve the goals described in 

7 section 6108. 

8 (2) REVIEW.—In developing of the strategies re9 quired by paragraph (1), the Secretary shall, not 

10 later than 1 year after the date of enactment of the 

11 FDA Food Safety Modernization Act, complete a re12 view of State and local capacities, and needs for en13 hancement, which may include a survey with respect 

14 to— 

15 (A) staffing levels and expertise available to 

16 perform food safety and defense functions; 

17 (B) laboratory capacity to support surveil18 lance, outbreak response, inspection, and enforce19 ment activities; 

20 (C) information systems to support data 

21 management and sharing of food safety and de22 fense information among State and local agen23 cies and with counterparts at the Federal level; 

24 and 
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1 (D) other State and local activities and 

2 needs as determined appropriate by the Sec3 retary. 

4 (d) FOOD SAFETY CAPACITY BUILDING GRANTS.—Sec5 tion 317R(b) of the Public Health Service Act (42 U.S.C. 

6 247b–20(b)) is amended— 

7 (1) by striking ‘‘2002’’ and inserting ‘‘2010’’; 

8 and 

9 (2) by striking ‘‘2003 through 2006’’ and insert10 ing ‘‘2011 through 2015’’. 

11 SEC. 6206. MANDATORY RECALL AUTHORITY. 

12 (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et seq.), 

13 as amended by section 6202, is amended by adding at the 

14 end the following: 

15 ‘‘SEC. 423. MANDATORY RECALL AUTHORITY. 

16 ‘‘(a) VOLUNTARY PROCEDURES.—If the Secretary de17 termines, based on information gathered through the report18 able food registry under section 417 or through any other 

19 means, that there is a reasonable probability that an article 

20 of food (other than infant formula) is adulterated under sec21 tion 402 or misbranded under section 403(w) and the use 

22 of or exposure to such article will cause serious adverse 

23 health consequences or death to humans or animals, the Sec24 retary shall provide the responsible party (as defined in sec-
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1 tion 417) with an opportunity to cease distribution and re2 call such article. 

3 ‘‘(b) PREHEARING ORDER TO CEASE DISTRIBUTION

4 AND GIVE NOTICE.— 

5 ‘‘(1) IN GENERAL.—If the responsible party re6 fuses to or does not voluntarily cease distribution or 

7 recall such article within the time and in the manner 

8 prescribed by the Secretary (if so prescribed), the Sec9 retary may, by order require, as the Secretary deems 

10 necessary, such person to— 

11 ‘‘(A) immediately cease distribution of such 

12 article; and 

13 ‘‘(B) as applicable, immediately notify all 

14 persons— 

15 ‘‘(i) manufacturing, processing, pack16 ing, transporting, distributing, receiving, 

17 holding, or importing and selling such arti18 cle; and 

19 ‘‘(ii) to which such article has been 

20 distributed, transported, or sold, to imme21 diately cease distribution of such article. 

22 ‘‘(2) REQUIRED ADDITIONAL INFORMATION.— 

23 ‘‘(A) IN GENERAL.—If an article of food 

24 covered by a recall order issued under paragraph 

25 (1)(B) has been distributed to a warehouse-based 
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1 third-party logistics provider without providing 

2 such provider sufficient information to know or 

3 reasonably determine the precise identity of the 

4 article of food covered by a recall order that is 

5 in its possession, the notice provided by the re6 sponsible party subject to the order issued under 

7 paragraph (1)(B) shall include such information 

8 as is necessary for the warehouse-based third9 party logistics provider to identify the food. 

10 ‘‘(B) RULES OF CONSTRUCTION.—Nothing 

11 in this paragraph shall be construed— 

12 ‘‘(i) to exempt a warehouse-based 

13 third-party logistics provider from the re14 quirements of this Act, including the re15 quirements in this section and section 414; 

16 or 

17 ‘‘(ii) to exempt a warehouse-based 

18 third party logistics provider from being the 

19 subject of a mandatory recall order. 

20 ‘‘(3) DETERMINATION TO LIMIT AREAS AF21 FECTED.—If the Secretary requires a responsible 

22 party to cease distribution under paragraph (1)(A) of 

23 an article of food identified in subsection (a), the Sec24 retary may limit the size of the geographic area and 
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1 the markets affected by such cessation if such limita2 tion would not compromise the public health. 

3 ‘‘(c) HEARING ON ORDER.—The Secretary shall pro4 vide the responsible party subject to an order under sub5 section (b) with an opportunity for an informal hearing, 

6 to be held as soon as possible, but not later than 2 days 

7 after the issuance of the order, on the actions required by 

8 the order and on why the article that is the subject of the 

9 order should not be recalled. 

10 ‘‘(d) POST-HEARING RECALL ORDER AND MODIFICA11 TION OF ORDER.— 

12 ‘‘(1) AMENDMENT OF ORDER.—If, after pro13 viding opportunity for an informal hearing under 

14 subsection (c), the Secretary determines that removal 

15 of the article from commerce is necessary, the Sec16 retary shall, as appropriate— 

17 ‘‘(A) amend the order to require recall of 

18 such article or other appropriate action; 

19 ‘‘(B) specify a timetable in which the recall 

20 shall occur; 

21 ‘‘(C) require periodic reports to the Sec22 retary describing the progress of the recall; and 

23 ‘‘(D) provide notice to consumers to whom 

24 such article was, or may have been, distributed. 
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1 ‘‘(2) VACATING OF ORDER.—If, after such hear2 ing, the Secretary determines that adequate grounds 

3 do not exist to continue the actions required by the 

4 order, or that such actions should be modified, the 

5 Secretary shall vacate the order or modify the order. 

6 ‘‘(e) RULE REGARDING ALCOHOLIC BEVERAGES.—The 

7 Secretary shall not initiate a mandatory recall or take any 

8 other action under this section with respect to any alcohol 

9 beverage until the Secretary has provided the Alcohol and 

10 Tobacco Tax and Trade Bureau with a reasonable oppor11 tunity to cease distribution and recall such article under 

12 the Alcohol and Tobacco Tax and Trade Bureau authority. 

13 ‘‘(f) COOPERATION AND CONSULTATION.—The Sec14 retary shall work with State and local public health officials 

15 in carrying out this section, as appropriate. 

16 ‘‘(g) PUBLIC NOTIFICATION.—In conducting a recall 

17 under this section, the Secretary shall— 

18 ‘‘(1) ensure that a press release is published re19 garding the recall, as well as alerts and public no20 tices, as appropriate, in order to provide notifica21 tion— 

22 ‘‘(A) of the recall to consumers and retailers 

23 to whom such article was, or may have been, dis24 tributed; and 

25 ‘‘(B) that includes, at a minimum— 
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1 ‘‘(i) the name of the article of food sub2 ject to the recall; 

3 ‘‘(ii) a description of the risk associ4 ated with such article; and 

5 ‘‘(iii) to the extent practicable, infor6 mation for consumers about similar articles 

7 of food that are not affected by the recall; 

8 ‘‘(2) consult the policies of the Department of Ag9 riculture regarding providing to the public a list of 

10 retail consignees receiving products involved in a 

11 Class I recall and shall consider providing such a list 

12 to the public, as determined appropriate by the Sec13 retary; and 

14 ‘‘(3) if available, publish on the Internet Web 

15 site of the Food and Drug Administration an image 

16 of the article that is the subject of the press release de17 scribed in paragraph (1). 

18 ‘‘(h) NO DELEGATION.—The authority conferred by 

19 this section to order a recall or vacate a recall order shall 

20 not be delegated to any officer or employee other than the 

21 Commissioner. 

22 ‘‘(i) EFFECT.—Nothing in this section shall affect the 

23 authority of the Secretary to request or participate in a 

24 voluntary recall, or to issue an order to cease distribution 
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1 or to recall under any other provision of this Act or under 

2 the Public Health Service Act. 

3 ‘‘(j) COORDINATED COMMUNICATION.— 

4 ‘‘(1) IN GENERAL.—To assist in carrying out the 

5 requirements of this subsection, the Secretary shall es6 tablish an incident command operation or a similar 

7 operation within the Department of Health and 

8 Human Services that will operate not later than 24 

9 hours after the initiation of a mandatory recall or the 

10 recall of an article of food for which the use of, or ex11 posure to, such article will cause serious adverse 

12 health consequences or death to humans or animals. 

13 ‘‘(2) REQUIREMENTS.—To reduce the potential 

14 for miscommunication during recalls or regarding in15 vestigations of a foodborne illness outbreak associated 

16 with a food that is subject to a recall, each incident 

17 command operation or similar operation under para18 graph (1) shall use regular staff and resources of the 

19 Department of Health and Human Services to— 

20 ‘‘(A) ensure timely and coordinated commu21 nication within the Department, including en22 hanced communication and coordination between 

23 different agencies and organizations within the 

24 Department; 
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1 ‘‘(B) ensure timely and coordinated commu2 nication from the Department, including public 

3 statements, throughout the duration of the inves4 tigation and related foodborne illness outbreak; 

5 ‘‘(C) identify a single point of contact with6 in the Department for public inquiries regarding 

7 any actions by the Secretary related to a recall; 

8 ‘‘(D) coordinate with Federal, State, local, 

9 and tribal authorities, as appropriate, that have 

10 responsibilities related to the recall of a food or 

11 a foodborne illness outbreak associated with a 

12 food that is subject to the recall, including notifi13 cation of the Secretary of Agriculture and the 

14 Secretary of Education in the event such recalled 

15 food is a commodity intended for use in a child 

16 nutrition program (as identified in section 25(b) 

17 of the Richard B. Russell National School Lunch 

18 Act (42 U.S.C. 1769f(b)); and 

19 ‘‘(E) conclude operations at such time as 

20 the Secretary determines appropriate. 

21 ‘‘(3) MULTIPLE RECALLS.—The Secretary may 

22 establish multiple or concurrent incident command 

23 operations or similar operations in the event of mul24 tiple recalls or foodborne illness outbreaks necessi-
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1 tating such action by the Department of Health and 

2 Human Services.’’. 

3 (b) SEARCH ENGINE.—Not later than 90 days after 

4 the date of enactment of this Act, the Secretary shall modify 

5 the Internet Web site of the Food and Drug Administration 

6 to include a search engine that— 

7 (1) is consumer-friendly, as determined by the 

8 Secretary; and 

9 (2) provides a means by which an individual 

10 may locate relevant information regarding each arti11 cle of food subject to a recall under section 423 of the 

12 Federal Food, Drug, and Cosmetic Act and the status 

13 of such recall (such as whether a recall is ongoing or 

14 has been completed). 

15 (c) CIVIL PENALTY.—Section 303(f)(2)(A) (21 U.S.C. 

16 333(f)(2)(A)) is amended by inserting ‘‘or any person who 

17 does not comply with a recall order under section 423’’ after 

18 ‘‘section 402(a)(2)(B)’’. 

19 (d) PROHIBITED ACTS.—Section 301 (21 U.S.C. 331 

20 et seq.), as amended by section 6106, is amended by adding 

21 at the end the following: 

22 ‘‘(xx) The refusal or failure to follow an order under 

23 section 423.’’. 

24 (e) GAO REVIEW.— 
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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of enactment of this Act, the Comptroller 

3 General of the United States shall submit to Congress 

4 a report that— 

5 (A) identifies State and local agencies with 

6 the authority to require the mandatory recall of 

7 food, and evaluates use of such authority with re8 gard to frequency, effectiveness, and appropriate9 ness, including consideration of any new or ex10 isting mechanisms available to compensate per11 sons for general and specific recall-related costs 

12 when a recall is subsequently determined by the 

13 relevant authority to have been an error; 

14 (B) identifies Federal agencies, other than 

15 the Department of Health and Human Services, 

16 with mandatory recall authority and examines 

17 use of that authority with regard to frequency, 

18 effectiveness, and appropriateness, including any 

19 new or existing mechanisms available to com20 pensate persons for general and specific recall-re21 lated costs when a recall is subsequently deter22 mined by the relevant agency to have been an 

23 error; 
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1 (C) considers models for farmer restitution 

2 implemented in other nations in cases of erro3 neous recalls; and 

4 (D) makes recommendations to the Sec5 retary regarding use of the authority under sec6 tion 423 of the Federal Food, Drug, and Cos7 metic Act (as added by this section) to protect 

8 the public health while seeking to minimize un9 necessary economic costs. 

10 (2) EFFECT OF REVIEW.—If the Comptroller 

11 General of the United States finds, after the review 

12 conducted under paragraph (1), that the mechanisms 

13 described in such paragraph do not exist or are inad14 equate, then, not later than 90 days after the conclu15 sion of such review, the Secretary of Agriculture shall 

16 conduct a study of the feasibility of implementing a 

17 farmer indemnification program to provide restitu18 tion to agricultural producers for losses sustained as 

19 a result of a mandatory recall of an agricultural com20 modity by a Federal or State regulatory agency that 

21 is subsequently determined to be in error. The Sec22 retary of Agriculture shall submit to the Committee 

23 on Agriculture of the House of Representatives and 

24 the Committee on Agriculture, Nutrition, and For-
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1 estry of the Senate a report that describes the results 

2 of the study, including any recommendations. 

3 (f) ANNUAL REPORT TO CONGRESS.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date of enactment of this Act and annually there6 after, the Secretary of Health and Human Services 

7 (referred to in this subsection as the ‘‘Secretary’’) 

8 shall submit a report to the Committee on Health, 

9 Education, Labor, and Pensions of the Senate and the 

10 Committee on Energy and Commerce of the House of 

11 Representatives on the use of recall authority under 

12 section 423 of the Federal Food, Drug, and Cosmetic 

13 Act (as added by subsection (a)) and any public 

14 health advisories issued by the Secretary that advise 

15 against the consumption of an article of food on the 

16 ground that the article of food is adulterated and 

17 poses an imminent danger to health. 

18 (2) CONTENT.—The report under paragraph (1) 

19 shall include, with respect to the report year— 

20 (A) the identity of each article of food that 

21 was the subject of a public health advisory de22 scribed in paragraph (1), an opportunity to 

23 cease distribution and recall under subsection (a) 

24 of section 423 of the Federal Food, Drug, and 
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•HR 3082 EAH 

1 Cosmetic Act, or a mandatory recall order under 

2 subsection (b) of such section; 

3 (B) the number of responsible parties, as de4 fined in section 417 of the Federal Food, Drug, 

5 and Cosmetic Act, formally given the oppor6 tunity to cease distribution of an article of food 

7 and recall such article, as described in section 

8 423(a) of such Act; 

9 (C) the number of responsible parties de10 scribed in subparagraph (B) who did not cease 

11 distribution of or recall an article of food after 

12 given the opportunity to cease distribution or re13 call under section 423(a) of the Federal Food, 

14 Drug, and Cosmetic Act; 

15 (D) the number of recall orders issued under 

16 section 423(b) of the Federal Food, Drug, and 

17 Cosmetic Act; and 

18 (E) a description of any instances in which 

19 there was no testing that confirmed adulteration 

20 of an article of food that was the subject of a re21 call under section 423(b) of the Federal Food, 

22 Drug, and Cosmetic Act or a public health advi23 sory described in paragraph (1). 
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1 SEC. 6207. ADMINISTRATIVE DETENTION OF FOOD. 

2 (a) IN GENERAL.—Section 304(h)(1)(A) (21 U.S.C. 

3 334(h)(1)(A)) is amended by— 

4 (1) striking ‘‘credible evidence or information in5 dicating’’ and inserting ‘‘reason to believe’’; and 

6 (2) striking ‘‘presents a threat of serious adverse 

7 health consequences or death to humans or animals’’ 

8 and inserting ‘‘is adulterated or misbranded’’. 

9 (b) REGULATIONS.—Not later than 120 days after the 

10 date of enactment of this Act, the Secretary shall issue an 

11 interim final rule amending subpart K of part 1 of title 

12 21, Code of Federal Regulations, to implement the amend13 ment made by this section. 

14 (c) EFFECTIVE DATE.—The amendment made by this 

15 section shall take effect 180 days after the date of enactment 

16 of this Act. 

17 SEC. 6208. DECONTAMINATION AND DISPOSAL STANDARDS 

18 AND PLANS. 

19 (a) IN GENERAL.—The Administrator of the Environ20 mental Protection Agency (referred to in this section as the 

21 ‘‘Administrator’’), in coordination with the Secretary of 

22 Health and Human Services, Secretary of Homeland Secu23 rity, and Secretary of Agriculture, shall provide support 

24 for, and technical assistance to, State, local, and tribal gov25 ernments in preparing for, assessing, decontaminating, and 

26 recovering from an agriculture or food emergency. 
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1 (b) DEVELOPMENT OF STANDARDS.—In carrying out 

2 subsection (a), the Administrator, in coordination with the 

3 Secretary of Health and Human Services, Secretary of 

4 Homeland Security, Secretary of Agriculture, and State, 

5 local, and tribal governments, shall develop and disseminate 

6 specific standards and protocols to undertake clean-up, 

7 clearance, and recovery activities following the decon8 tamination and disposal of specific threat agents and for9 eign animal diseases. 

10 (c) DEVELOPMENT OF MODEL PLANS.—In carrying 

11 out subsection (a), the Administrator, the Secretary of 

12 Health and Human Services, and the Secretary of Agri13 culture shall jointly develop and disseminate model plans 

14 for— 

15 (1) the decontamination of individuals, equip16 ment, and facilities following an intentional contami17 nation of agriculture or food; and 

18 (2) the disposal of large quantities of animals, 

19 plants, or food products that have been infected or 

20 contaminated by specific threat agents and foreign 

21 animal diseases. 

22 (d) EXERCISES.—In carrying out subsection (a), the 

23 Administrator, in coordination with the entities described 

24 under subsection (b), shall conduct exercises at least annu25 ally to evaluate and identify weaknesses in the decon-
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1 tamination and disposal model plans described in sub2 section (c). Such exercises shall be carried out, to the max3 imum extent practicable, as part of the national exercise 

4 program under section 648(b)(1) of the Post-Katrina Emer5 gency Management Reform Act of 2006 (6 U.S.C. 

6 748(b)(1)). 

7 (e) MODIFICATIONS.—Based on the exercises described 

8 in subsection (d), the Administrator, in coordination with 

9 the entities described in subsection (b), shall review and 

10 modify as necessary the plans described in subsection (c) 

11 not less frequently than biennially. 

12 (f) PRIORITIZATION.—The Administrator, in coordi13 nation with the entities described in subsection (b), shall 

14 develop standards and plans under subsections (b) and (c) 

15 in an identified order of priority that takes into account— 

16 (1) highest risk biological, chemical, and radio17 logical threat agents; 

18 (2) agents that could cause the greatest economic 

19 devastation to the agriculture and food system; and 

20 (3) agents that are most difficult to clean or re21 mediate. 
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1 SEC. 6209. IMPROVING THE TRAINING OF STATE, LOCAL, 

2 TERRITORIAL, AND TRIBAL FOOD SAFETY OF3 FICIALS. 

4 (a) IMPROVING TRAINING.—Chapter X (21 U.S.C. 391 

5 et seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 1012. IMPROVING THE TRAINING OF STATE, LOCAL, 

7 TERRITORIAL, AND TRIBAL FOOD SAFETY OF8 FICIALS. 

9 ‘‘(a) TRAINING.—The Secretary shall set standards 

10 and administer training and education programs for the 

11 employees of State, local, territorial, and tribal food safety 

12 officials relating to the regulatory responsibilities and poli13 cies established by this Act, including programs for— 

14 ‘‘(1) scientific training; 

15 ‘‘(2) training to improve the skill of officers and 

16 employees authorized to conduct inspections under 

17 sections 702 and 704; 

18 ‘‘(3) training to achieve advanced product or 

19 process specialization in such inspections; 

20 ‘‘(4) training that addresses best practices; 

21 ‘‘(5) training in administrative process and pro22 cedure and integrity issues; 

23 ‘‘(6) training in appropriate sampling and lab24 oratory analysis methodology; and 
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1 ‘‘(7) training in building enforcement actions 

2 following inspections, examinations, testing, and in3 vestigations. 

4 ‘‘(b) PARTNERSHIPS WITH STATE AND LOCAL OFFI5 CIALS.— 

6 ‘‘(1) IN GENERAL.—The Secretary, pursuant to a 

7 contract or memorandum of understanding between 

8 the Secretary and the head of a State, local, terri9 torial, or tribal department or agency, is authorized 

10 and encouraged to conduct examinations, testing, and 

11 investigations for the purposes of determining compli12 ance with the food safety provisions of this Act 

13 through the officers and employees of such State, local, 

14 territorial, or tribal department or agency. 

15 ‘‘(2) CONTENT.—A contract or memorandum de16 scribed under paragraph (1) shall include provisions 

17 to ensure adequate training of such officers and em18 ployees to conduct such examinations, testing, and in19 vestigations. The contract or memorandum shall con20 tain provisions regarding reimbursement. Such provi21 sions may, at the sole discretion of the head of the 

22 other department or agency, require reimbursement, 

23 in whole or in part, from the Secretary for the exami24 nations, testing, or investigations performed pursuant 
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1 to this section by the officers or employees of the 

2 State, territorial, or tribal department or agency. 

3 ‘‘(3) EFFECT.—Nothing in this subsection shall 

4 be construed to limit the authority of the Secretary 

5 under section 702. 

6 ‘‘(c) EXTENSION SERVICE.—The Secretary shall ensure 

7 coordination with the extension activities of the National 

8 Institute of Food and Agriculture of the Department of Ag9 riculture in advising producers and small processors 

10 transitioning into new practices required as a result of the 

11 enactment of the FDA Food Safety Modernization Act and 

12 assisting regulated industry with compliance with such Act. 

13 ‘‘(d) NATIONAL FOOD SAFETY TRAINING, EDUCATION, 

14 EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE

15 PROGRAM.— 

16 ‘‘(1) IN GENERAL.—In order to improve food 

17 safety and reduce the incidence of foodborne illness, 

18 the Secretary shall, not later than 180 days after the 

19 date of enactment of the FDA Food Safety Moderniza20 tion Act, enter into one or more memoranda of under21 standing, or enter into other cooperative agreements, 

22 with the Secretary of Agriculture to establish a com23 petitive grant program within the National Institute 

24 for Food and Agriculture to provide food safety train-
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1 ing, education, extension, outreach, and technical as2 sistance to— 

3 ‘‘(A) owners and operators of farms; 

4 ‘‘(B) small food processors; and 

5 ‘‘(C) small fruit and vegetable merchant 

6 wholesalers. 

7 ‘‘(2) IMPLEMENTATION.—The competitive grant 

8 program established under paragraph (1) shall be 

9 carried out in accordance with section 405 of the Ag10 ricultural Research, Extension, and Education Re11 form Act of 1998. 

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated such sums as may be nec14 essary to carry out this section for fiscal years 2011 through 

15 2015.’’. 

16 (b) NATIONAL FOOD SAFETY TRAINING, EDUCATION, 

17 EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE

18 PROGRAM.—Title IV of the Agricultural Research, Exten19 sion, and Education Reform Act of 1998 is amended by 

20 inserting after section 404 (7 U.S.C. 7624) the following: 

21 ‘‘SEC. 405. NATIONAL FOOD SAFETY TRAINING, EDUCATION, 

22 EXTENSION, OUTREACH, AND TECHNICAL AS23 SISTANCE PROGRAM. 

24 ‘‘(a) IN GENERAL.—The Secretary shall award grants 

25 under this section to carry out the competitive grant pro-
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1 gram established under section 1012(d) of the Federal Food, 

2 Drug, and Cosmetic Act, pursuant to any memoranda of 

3 understanding entered into under such section. 

4 ‘‘(b) INTEGRATED APPROACH.—The grant program 

5 described under subsection (a) shall be carried out under 

6 this section in a manner that facilitates the integration of 

7 food safety standards and guidance with the variety of agri8 cultural production systems, encompassing conventional, 

9 sustainable, organic, conservation, and environmental prac10 tices. 

11 ‘‘(c) PRIORITY.—In awarding grants under this sec12 tion, the Secretary shall give priority to projects that target 

13 small- and medium-sized farms, beginning farmers, socially 

14 disadvantaged farmers, small processors, or small fresh 

15 fruit and vegetable merchant wholesalers. 

16 ‘‘(d) PROGRAM COORDINATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall coordi18 nate implementation of the grant program under this 

19 section with the National Integrated Food Safety Ini20 tiative. 

21 ‘‘(2) INTERACTION.—The Secretary shall— 

22 ‘‘(A) in carrying out the grant program 

23 under this section, take into consideration ap24 plied research, education, and extension results 
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1 obtained from the National Integrated Food 

2 Safety Initiative; and 

3 ‘‘(B) in determining the applied research 

4 agenda for the National Integrated Food Safety 

5 Initiative, take into consideration the needs ar6 ticulated by participants in projects funded by 

7 the program under this section. 

8 ‘‘(e) GRANTS.— 

9 ‘‘(1) IN GENERAL.—In carrying out this section, 

10 the Secretary shall make competitive grants to sup11 port training, education, extension, outreach, and 

12 technical assistance projects that will help improve 

13 public health by increasing the understanding and 

14 adoption of established food safety standards, guid15 ance, and protocols. 

16 ‘‘(2) ENCOURAGED FEATURES.—The Secretary 

17 shall encourage projects carried out using grant funds 

18 under this section to include co-management of food 

19 safety, conservation systems, and ecological health. 

20 ‘‘(3) MAXIMUM TERM AND SIZE OF GRANT.— 

21 ‘‘(A) IN GENERAL.—A grant under this sec22 tion shall have a term that is not more than 3 

23 years. 

24 ‘‘(B) LIMITATION ON GRANT FUNDING.—The 

25 Secretary may not provide grant funding to an 
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1 entity under this section after such entity has re2 ceived 3 years of grant funding under this sec3 tion. 

4 ‘‘(f) GRANT ELIGIBILITY.— 

5 ‘‘(1) IN GENERAL.—To be eligible for a grant 

6 under this section, an entity shall be— 

7 ‘‘(A) a State cooperative extension service; 

8 ‘‘(B) a Federal, State, local, or tribal agen9 cy, a nonprofit community-based or nongovern10 mental organization, or an organization rep11 resenting owners and operators of farms, small 

12 food processors, or small fruit and vegetable mer13 chant wholesalers that has a commitment to pub14 lic health and expertise in administering pro15 grams that contribute to food safety; 

16 ‘‘(C) an institution of higher education (as 

17 defined in section 101(a) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1001(a))) or a 

19 foundation maintained by an institution of 

20 higher education; 

21 ‘‘(D) a collaboration of 2 or more eligible 

22 entities described in this subsection; or 

23 ‘‘(E) such other appropriate entity, as de24 termined by the Secretary. 
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1 ‘‘(2) MULTISTATE PARTNERSHIPS.—Grants 

2 under this section may be made for projects involving 

3 more than 1 State. 

4 ‘‘(g) REGIONAL BALANCE.—In making grants under 

5 this section, the Secretary shall, to the maximum extent 

6 practicable, ensure— 

7 ‘‘(1) geographic diversity; and 

8 ‘‘(2) diversity of types of agricultural produc9 tion. 

10 ‘‘(h) TECHNICAL ASSISTANCE.—The Secretary may 

11 use funds made available under this section to provide tech12 nical assistance to grant recipients to further the purposes 

13 of this section. 

14 ‘‘(i) BEST PRACTICES AND MODEL PROGRAMS.— 

15 Based on evaluations of, and responses arising from, 

16 projects funded under this section, the Secretary may issue 

17 a set of recommended best practices and models for food 

18 safety training programs for agricultural producers, small 

19 food processors, and small fresh fruit and vegetable mer20 chant wholesalers. 

21 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the 

22 purposes of making grants under this section, there are au23 thorized to be appropriated such sums as may be necessary 

24 for fiscal years 2011 through 2015.’’. 
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1 SEC. 6210. ENHANCING FOOD SAFETY. 

2 (a) GRANTS TO ENHANCE FOOD SAFETY.—Section 

3 1009 of the Federal Food, Drug, and Cosmetic Act (21 

4 U.S.C. 399) is amended to read as follows: 

5 ‘‘SEC. 1009. GRANTS TO ENHANCE FOOD SAFETY. 

6 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

7 make grants to eligible entities to— 

8 ‘‘(1) undertake examinations, inspections, inves9 tigations, and related food safety activities under sec10 tion 702; 

11 ‘‘(2) train to the standards of the Secretary for 

12 the examination, inspection, and investigation of food 

13 manufacturing, processing, packing, holding, dis14 tribution, and importation, including as such exam15 ination, inspection, and investigation relate to retail 

16 food establishments; 

17 ‘‘(3) build the food safety capacity of the labora18 tories of such eligible entity, including the detection 

19 of zoonotic diseases; 

20 ‘‘(4) build the infrastructure and capacity of the 

21 food safety programs of such eligible entity to meet 

22 the standards as outlined in the grant application; 

23 and 

24 ‘‘(5) take appropriate action to protect the public 

25 health in response to— 
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1 ‘‘(A) a notification under section 1008, in2 cluding planning and otherwise preparing to 

3 take such action; or 

4 ‘‘(B) a recall of food under this Act. 

5 ‘‘(b) ELIGIBLE ENTITIES; APPLICATION.— 

6 ‘‘(1) IN GENERAL.—In this section, the term ‘eli7 gible entity’ means an entity— 

8 ‘‘(A) that is— 

9 ‘‘(i) a State; 

10 ‘‘(ii) a locality; 

11 ‘‘(iii) a territory; 

12 ‘‘(iv) an Indian tribe (as defined in 

13 section 4(e) of the Indian Self-Determina14 tion and Education Assistance Act); or 

15 ‘‘(v) a nonprofit food safety training 

16 entity that collaborates with 1 or more in17 stitutions of higher education; and 

18 ‘‘(B) that submits an application to the 

19 Secretary at such time, in such manner, and in20 cluding such information as the Secretary may 

21 reasonably require. 

22 ‘‘(2) CONTENTS.—Each application submitted 

23 under paragraph (1) shall include— 
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1 ‘‘(A) an assurance that the eligible entity 

2 has developed plans to engage in the types of ac3 tivities described in subsection (a); 

4 ‘‘(B) a description of the types of activities 

5 to be funded by the grant; 

6 ‘‘(C) an itemization of how grant funds re7 ceived under this section will be expended; 

8 ‘‘(D) a description of how grant activities 

9 will be monitored; and 

10 ‘‘(E) an agreement by the eligible entity to 

11 report information required by the Secretary to 

12 conduct evaluations under this section. 

13 ‘‘(c) LIMITATIONS.—The funds provided under sub14 section (a) shall be available to an eligible entity that re15 ceives a grant under this section only to the extent such 

16 entity funds the food safety programs of such entity inde17 pendently of any grant under this section in each year of 

18 the grant at a level equal to the level of such funding in 

19 the previous year, increased by the Consumer Price Index. 

20 Such non-Federal matching funds may be provided directly 

21 or through donations from public or private entities and 

22 may be in cash or in-kind, fairly evaluated, including 

23 plant, equipment, or services. 

24 ‘‘(d) ADDITIONAL AUTHORITY.—The Secretary may— 
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1 ‘‘(1) award a grant under this section in each 

2 subsequent fiscal year without reapplication for a pe3 riod of not more than 3 years, provided the require4 ments of subsection (c) are met for the previous fiscal 

5 year; and 

6 ‘‘(2) award a grant under this section in a fiscal 

7 year for which the requirement of subsection (c) has 

8 not been met only if such requirement was not met 

9 because such funding was diverted for response to 1 

10 or more natural disasters or in other extenuating cir11 cumstances that the Secretary may determine appro12 priate. 

13 ‘‘(e) DURATION OF AWARDS.—The Secretary may 

14 award grants to an individual grant recipient under this 

15 section for periods of not more than 3 years. In the event 

16 the Secretary conducts a program evaluation, funding in 

17 the second year or third year of the grant, where applicable, 

18 shall be contingent on a successful program evaluation by 

19 the Secretary after the first year. 

20 ‘‘(f) PROGRESS AND EVALUATION.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall measure 

22 the status and success of each grant program author23 ized under the FDA Food Safety Modernization Act 

24 (and any amendment made by such Act), including 

25 the grant program under this section. A recipient of 
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1 a grant described in the preceding sentence shall, at 

2 the end of each grant year, provide the Secretary with 

3 information on how grant funds were spent and the 

4 status of the efforts by such recipient to enhance food 

5 safety. To the extent practicable, the Secretary shall 

6 take the performance of such a grant recipient into 

7 account when determining whether to continue fund8 ing for such recipient. 

9 ‘‘(2) NO DUPLICATION.—In carrying out para10 graph (1), the Secretary shall not duplicate the efforts 

11 of the Secretary under other provisions of this Act or 

12 the FDA Food Safety Modernization Act that require 

13 measurement and review of the activities of grant re14 cipients under either such Act. 

15 ‘‘(g) SUPPLEMENT NOT SUPPLANT.—Grant funds re16 ceived under this section shall be used to supplement, and 

17 not supplant, non-Federal funds and any other Federal 

18 funds available to carry out the activities described in this 

19 section. 

20 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the 

21 purpose of making grants under this section, there are au22 thorized to be appropriated such sums as may be necessary 

23 for fiscal years 2011 through 2015.’’. 
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1 (b) CENTERS OF EXCELLENCE.—Part P of the Public 

2 Health Service Act (42 U.S.C. 280g et seq.) is amended by 

3 adding at the end the following: 

4 ‘‘SEC. 399V–5. FOOD SAFETY INTEGRATED CENTERS OF EX5 CELLENCE. 

6 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

7 date of enactment of the FDA Food Safety Modernization 

8 Act, the Secretary, acting through the Director of the Cen9 ters for Disease Control and Prevention and in consultation 

10 with the working group described in subsection (b)(2), shall 

11 designate 5 Integrated Food Safety Centers of Excellence 

12 (referred to in this section as the ‘Centers of Excellence’) 

13 to serve as resources for Federal, State, and local public 

14 health professionals to respond to foodborne illness out15 breaks. The Centers of Excellence shall be headquartered at 

16 selected State health departments. 

17 ‘‘(b) SELECTION OF CENTERS OF EXCELLENCE.— 

18 ‘‘(1) ELIGIBLE ENTITIES.—To be eligible to be 

19 designated as a Center of Excellence under subsection 

20 (a), an entity shall— 

21 ‘‘(A) be a State health department; 

22 ‘‘(B) partner with 1 or more institutions of 

23 higher education that have demonstrated knowl24 edge, expertise, and meaningful experience with 

25 regional or national food production, processing, 
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1 and distribution, as well as leadership in the 

2 laboratory, epidemiological, and environmental 

3 detection and investigation of foodborne illness; 

4 and 

5 ‘‘(C) provide to the Secretary such informa6 tion, at such time, and in such manner, as the 

7 Secretary may require. 

8 ‘‘(2) WORKING GROUP.—Not later than 180 days 

9 after the date of enactment of the FDA Food Safety 

10 Modernization Act, the Secretary shall establish a di11 verse working group of experts and stakeholders from 

12 Federal, State, and local food safety and health agen13 cies, the food industry, including food retailers and 

14 food manufacturers, consumer organizations, and aca15 demia to make recommendations to the Secretary re16 garding designations of the Centers of Excellence. 

17 ‘‘(3) ADDITIONAL CENTERS OF EXCELLENCE.— 

18 The Secretary may designate eligible entities to be re19 gional Food Safety Centers of Excellence, in addition 

20 to the 5 Centers designated under subsection (a). 

21 ‘‘(c) ACTIVITIES.—Under the leadership of the Director 

22 of the Centers for Disease Control and Prevention, each Cen23 ter of Excellence shall be based out of a selected State health 

24 department, which shall provide assistance to other re-
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1 gional, State, and local departments of health through ac2 tivities that include— 

3 ‘‘(1) providing resources, including timely infor4 mation concerning symptoms and tests, for frontline 

5 health professionals interviewing individuals as part 

6 of routine surveillance and outbreak investigations; 

7 ‘‘(2) providing analysis of the timeliness and ef8 fectiveness of foodborne disease surveillance and out9 break response activities; 

10 ‘‘(3) providing training for epidemiological and 

11 environmental investigation of foodborne illness, in12 cluding suggestions for streamlining and standard13 izing the investigation process; 

14 ‘‘(4) establishing fellowships, stipends, and schol15 arships to train future epidemiological and food-safe16 ty leaders and to address critical workforce shortages; 

17 ‘‘(5) training and coordinating State and local 

18 personnel; 

19 ‘‘(6) strengthening capacity to participate in ex20 isting or new foodborne illness surveillance and envi21 ronmental assessment information systems; and 

22 ‘‘(7) conducting research and outreach activities 

23 focused on increasing prevention, communication, 

24 and education regarding food safety. 
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1 ‘‘(d) REPORT TO CONGRESS.—Not later than 2 years 

2 after the date of enactment of the FDA Food Safety Mod3 ernization Act, the Secretary shall submit to Congress a re4 port that— 

5 ‘‘(1) describes the effectiveness of the Centers of 

6 Excellence; and 

7 ‘‘(2) provides legislative recommendations or de8 scribes additional resources required by the Centers of 

9 Excellence. 

10 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated such sums as may be nec12 essary to carry out this section. 

13 ‘‘(f) NO DUPLICATION OF EFFORT.—In carrying out 

14 activities of the Centers of Excellence or other programs 

15 under this section, the Secretary shall not duplicate other 

16 Federal foodborne illness response efforts.’’. 

17 SEC. 6211. IMPROVING THE REPORTABLE FOOD REGISTRY. 

18 (a) IN GENERAL.—Section 417 (21 U.S.C. 350f) is 

19 amended— 

20 (1) by redesignating subsections (f) through (k) 

21 as subsections (i) through (n), respectively; and 

22 (2) by inserting after subsection (e) the following: 

23 ‘‘(f) CRITICAL INFORMATION.—Except with respect to 

24 fruits and vegetables that are raw agricultural commodities, 

25 not more than 18 months after the date of enactment of 
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1 the FDA Food Safety Modernization Act, the Secretary may 

2 require a responsible party to submit to the Secretary con3 sumer-oriented information regarding a reportable food, 

4 which shall include— 

5 ‘‘(1) a description of the article of food as pro6 vided in subsection (e)(3); 

7 ‘‘(2) as provided in subsection (e)(7), affected 

8 product identification codes, such as UPC, SKU, or 

9 lot or batch numbers sufficient for the consumer to 

10 identify the article of food; 

11 ‘‘(3) contact information for the responsible 

12 party as provided in subsection (e)(8); and 

13 ‘‘(4) any other information the Secretary deter14 mines is necessary to enable a consumer to accurately 

15 identify whether such consumer is in possession of the 

16 reportable food. 

17 ‘‘(g) GROCERY STORE NOTIFICATION.— 

18 ‘‘(1) ACTION BY SECRETARY.—The Secretary 

19 shall— 

20 ‘‘(A) prepare the critical information de21 scribed under subsection (f) for a reportable food 

22 as a standardized one-page summary; 

23 ‘‘(B) publish such one-page summary on the 

24 Internet website of the Food and Drug Adminis25 tration in a format that can be easily printed by 
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1 a grocery store for purposes of consumer notifica2 tion. 

3 ‘‘(2) ACTION BY GROCERY STORE.—A notifica4 tion described under paragraph (1)(B) shall include 

5 the date and time such summary was posted on the 

6 Internet website of the Food and Drug Administra7 tion. 

8 ‘‘(h) CONSUMER NOTIFICATION.— 

9 ‘‘(1) IN GENERAL.—If a grocery store sold a re10 portable food that is the subject of the posting and 

11 such establishment is part of chain of establishments 

12 with 15 or more physical locations, then such estab13 lishment shall, not later than 24 hours after a one 

14 page summary described in subsection (g) is pub15 lished, prominently display such summary or the in16 formation from such summary via at least one of the 

17 methods identified under paragraph (2) and main18 tain the display for 14 days. 

19 ‘‘(2) LIST OF CONSPICUOUS LOCATIONS.—Not 

20 more than 1 year after the date of enactment of the 

21 FDA Food Safety Modernization Act, the Secretary 

22 shall develop and publish a list of acceptable con23 spicuous locations and manners, from which grocery 

24 stores shall select at least one, for providing the notifi-
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1 cation required in paragraph (1). Such list shall in2 clude— 

3 ‘‘(A) posting the notification at or near the 

4 register; 

5 ‘‘(B) providing the location of the reportable 

6 food; 

7 ‘‘(C) providing targeted recall information 

8 given to customers upon purchase of a food; and 

9 ‘‘(D) other such prominent and conspicuous 

10 locations and manners utilized by grocery stores 

11 as of the date of the enactment of the FDA Food 

12 Safety Modernization Act to provide notice of 

13 such recalls to consumers as considered appro14 priate by the Secretary.’’. 

15 (b) PROHIBITED ACT.—Section 301 (21 U.S.C. 331), 

16 as amended by section 6206, is amended by adding at the 

17 end the following: 

18 ‘‘(yy) The knowing and willful failure to comply with 

19 the notification requirement under section 417(h).’’. 

20 (c) CONFORMING AMENDMENT.—Section 301(e) (21 

21 U.S.C. 331(e)) is amended by striking ‘‘417(g)’’ and insert22 ing ‘‘417(j)’’. 
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1 TITLE III—IMPROVING THE 

2 SAFETY OF IMPORTED FOOD 

3 SEC. 6301. FOREIGN SUPPLIER VERIFICATION PROGRAM. 

4 (a) IN GENERAL.—Chapter VIII (21 U.S.C. 381 et 

5 seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 805. FOREIGN SUPPLIER VERIFICATION PROGRAM. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) VERIFICATION REQUIREMENT.—Except as 

9 provided under subsections (e) and (f), each importer 

10 shall perform risk-based foreign supplier verification 

11 activities for the purpose of verifying that the food 

12 imported by the importer or agent of an importer 

13 is— 

14 ‘‘(A) produced in compliance with the re15 quirements of section 418 or section 419, as ap16 propriate; and 

17 ‘‘(B) is not adulterated under section 402 or 

18 misbranded under section 403(w). 

19 ‘‘(2) IMPORTER DEFINED.—For purposes of this 

20 section, the term ‘importer’ means, with respect to an 

21 article of food— 

22 ‘‘(A) the United States owner or consignee 

23 of the article of food at the time of entry of such 

24 article into the United States; or 
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1 ‘‘(B) in the case when there is no United 

2 States owner or consignee as described in sub3 paragraph (A), the United States agent or rep4 resentative of a foreign owner or consignee of the 

5 article of food at the time of entry of such article 

6 into the United States. 

7 ‘‘(b) GUIDANCE.—Not later than 1 year after the date 

8 of enactment of the FDA Food Safety Modernization Act, 

9 the Secretary shall issue guidance to assist importers in de10 veloping foreign supplier verification programs. 

11 ‘‘(c) REGULATIONS.— 

12 ‘‘(1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of the FDA Food Safety Mod14 ernization Act, the Secretary shall promulgate regula15 tions to provide for the content of the foreign supplier 

16 verification program established under subsection (a). 

17 ‘‘(2) REQUIREMENTS.—The regulations promul18 gated under paragraph (1)— 

19 ‘‘(A) shall require that the foreign supplier 

20 verification program of each importer be ade21 quate to provide assurances that each foreign 

22 supplier to the importer produces the imported 

23 food in compliance with— 

24 ‘‘(i) processes and procedures, includ25 ing reasonably appropriate risk-based pre-
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1 ventive controls, that provide the same level 

2 of public health protection as those required 

3 under section 418 or section 419 (taking 

4 into consideration variances granted under 

5 section 419), as appropriate; and 

6 ‘‘(ii) section 402 and section 403(w). 

7 ‘‘(B) shall include such other requirements 

8 as the Secretary deems necessary and appro9 priate to verify that food imported into the 

10 United States is as safe as food produced and 

11 sold within the United States. 

12 ‘‘(3) CONSIDERATIONS.—In promulgating regu13 lations under this subsection, the Secretary shall, as 

14 appropriate, take into account differences among im15 porters and types of imported foods, including based 

16 on the level of risk posed by the imported food. 

17 ‘‘(4) ACTIVITIES.—Verification activities under a 

18 foreign supplier verification program under this sec19 tion may include monitoring records for shipments, 

20 lot-by-lot certification of compliance, annual on-site 

21 inspections, checking the hazard analysis and risk22 based preventive control plan of the foreign supplier, 

23 and periodically testing and sampling shipments. 

24 ‘‘(d) RECORD MAINTENANCE AND ACCESS.—Records of 

25 an importer related to a foreign supplier verification pro-
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1 gram shall be maintained for a period of not less than 2 

2 years and shall be made available promptly to a duly au3 thorized representative of the Secretary upon request. 

4 ‘‘(e) EXEMPTION OF SEAFOOD, JUICE, AND LOW-ACID

5 CANNED FOOD FACILITIES IN COMPLIANCE WITH

6 HACCP.—This section shall not apply to a facility if the 

7 owner, operator, or agent in charge of such facility is re8 quired to comply with, and is in compliance with, 1 of the 

9 following standards and regulations with respect to such fa10 cility: 

11 ‘‘(1) The Seafood Hazard Analysis Critical Con12 trol Points Program of the Food and Drug Adminis13 tration. 

14 ‘‘(2) The Juice Hazard Analysis Critical Control 

15 Points Program of the Food and Drug Administra16 tion. 

17 ‘‘(3) The Thermally Processed Low-Acid Foods 

18 Packaged in Hermetically Sealed Containers stand19 ards of the Food and Drug Administration (or any 

20 successor standards). 

21 The exemption under paragraph (3) shall apply only with 

22 respect to microbiological hazards that are regulated under 

23 the standards for Thermally Processed Low-Acid Foods 

24 Packaged in Hermetically Sealed Containers under part 
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1 113 of chapter 21, Code of Federal Regulations (or any suc2 cessor regulations). 

3 ‘‘(f) ADDITIONAL EXEMPTIONS.—The Secretary, by no4 tice published in the Federal Register, shall establish an ex5 emption from the requirements of this section for articles 

6 of food imported in small quantities for research and eval7 uation purposes or for personal consumption, provided that 

8 such foods are not intended for retail sale and are not sold 

9 or distributed to the public. 

10 ‘‘(g) PUBLICATION OF LIST OF PARTICIPANTS.—The 

11 Secretary shall publish and maintain on the Internet Web 

12 site of the Food and Drug Administration a current list 

13 that includes the name of, location of, and other informa14 tion deemed necessary by the Secretary about, importers 

15 participating under this section.’’. 

16 (b) PROHIBITED ACT.—Section 301 (21 U.S.C. 331), 

17 as amended by section 6211, is amended by adding at the 

18 end the following: 

19 ‘‘(zz) The importation or offering for importation of 

20 a food if the importer (as defined in section 805) does not 

21 have in place a foreign supplier verification program in 

22 compliance with such section 805.’’. 

23 (c) IMPORTS.—Section 801(a) (21 U.S.C. 381(a)) is 

24 amended by adding ‘‘or the importer (as defined in section 
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1 805) is in violation of such section 805’’ after ‘‘or in viola2 tion of section 505’’. 

3 (d) EFFECTIVE DATE.—The amendments made by this 

4 section shall take effect 2 years after the date of enactment 

5 of this Act. 

6 SEC. 6302. VOLUNTARY QUALIFIED IMPORTER PROGRAM. 

7 Chapter VIII (21 U.S.C. 381 et seq.), as amended by 

8 section 6301, is amended by adding at the end the following: 

9 ‘‘SEC. 806. VOLUNTARY QUALIFIED IMPORTER PROGRAM. 

10 ‘‘(a) IN GENERAL.—Beginning not later than 18 

11 months after the date of enactment of the FDA Food Safety 

12 Modernization Act, the Secretary shall— 

13 ‘‘(1) establish a program, in consultation with 

14 the Secretary of Homeland Security— 

15 ‘‘(A) to provide for the expedited review and 

16 importation of food offered for importation by 

17 importers who have voluntarily agreed to par18 ticipate in such program; and 

19 ‘‘(B) consistent with section 808, establish a 

20 process for the issuance of a facility certification 

21 to accompany food offered for importation by 

22 importers who have voluntarily agreed to par23 ticipate in such program; and 
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1 ‘‘(2) issue a guidance document related to par2 ticipation in, revocation of such participation in, re3 instatement in, and compliance with, such program. 

4 ‘‘(b) VOLUNTARY PARTICIPATION.—An importer may 

5 request the Secretary to provide for the expedited review 

6 and importation of designated foods in accordance with the 

7 program established by the Secretary under subsection (a). 

8 ‘‘(c) NOTICE OF INTENT TO PARTICIPATE.—An im9 porter that intends to participate in the program under this 

10 section in a fiscal year shall submit a notice and applica11 tion to the Secretary of such intent at the time and in a 

12 manner established by the Secretary. 

13 ‘‘(d) ELIGIBILITY.—Eligibility shall be limited to an 

14 importer offering food for importation from a facility that 

15 has a certification described in subsection (a). In reviewing 

16 the applications and making determinations on such appli17 cations, the Secretary shall consider the risk of the food to 

18 be imported based on factors, such as the following: 

19 ‘‘(1) The known safety risks of the food to be im20 ported. 

21 ‘‘(2) The compliance history of foreign suppliers 

22 used by the importer, as appropriate. 

23 ‘‘(3) The capability of the regulatory system of 

24 the country of export to ensure compliance with 
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1 United States food safety standards for a designated 

2 food. 

3 ‘‘(4) The compliance of the importer with the re4 quirements of section 805. 

5 ‘‘(5) The recordkeeping, testing, inspections and 

6 audits of facilities, traceability of articles of food, 

7 temperature controls, and sourcing practices of the 

8 importer. 

9 ‘‘(6) The potential risk for intentional adultera10 tion of the food. 

11 ‘‘(7) Any other factor that the Secretary deter12 mines appropriate. 

13 ‘‘(e) REVIEW AND REVOCATION.—Any importer quali14 fied by the Secretary in accordance with the eligibility cri15 teria set forth in this section shall be reevaluated not less 

16 often than once every 3 years and the Secretary shall 

17 promptly revoke the qualified importer status of any im18 porter found not to be in compliance with such criteria. 

19 ‘‘(f) FALSE STATEMENTS.—Any statement or represen20 tation made by an importer to the Secretary shall be subject 

21 to section 1001 of title 18, United States Code. 

22 ‘‘(g) DEFINITION.—For purposes of this section, the 

23 term ‘importer’ means the person that brings food, or causes 

24 food to be brought, from a foreign country into the customs 

25 territory of the United States.’’. 
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1 SEC. 6303. AUTHORITY TO REQUIRE IMPORT CERTIFI2 CATIONS FOR FOOD. 

3 (a) IN GENERAL.—Section 801(a) (21 U.S.C. 381(a)) 

4 is amended by inserting after the third sentence the fol5 lowing: ‘‘With respect to an article of food, if importation 

6 of such food is subject to, but not compliant with, the re7 quirement under subsection (q) that such food be accom8 panied by a certification or other assurance that the food 

9 meets applicable requirements of this Act, then such article 

10 shall be refused admission.’’. 

11 (b) ADDITION OF CERTIFICATION REQUIREMENT.— 

12 Section 801 (21 U.S.C. 381) is amended by adding at the 

13 end the following new subsection: 

14 ‘‘(q) CERTIFICATIONS CONCERNING IMPORTED

15 FOODS.— 

16 ‘‘(1) IN GENERAL.—The Secretary may require, 

17 as a condition of granting admission to an article of 

18 food imported or offered for import into the United 

19 States, that an entity described in paragraph (3) pro20 vide a certification, or such other assurances as the 

21 Secretary determines appropriate, that the article of 

22 food complies with applicable requirements of this 

23 Act. Such certification or assurances may be provided 

24 in the form of shipment-specific certificates, a listing 

25 of certified facilities that manufacture, process, pack, 
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1 or hold such food, or in such other form as the Sec2 retary may specify. 

3 ‘‘(2) FACTORS TO BE CONSIDERED IN REQUIRING

4 CERTIFICATION.—The Secretary shall base the deter5 mination that an article of food is required to have 

6 a certification described in paragraph (1) on the risk 

7 of the food, including— 

8 ‘‘(A) known safety risks associated with the 

9 food; 

10 ‘‘(B) known food safety risks associated 

11 with the country, territory, or region of origin of 

12 the food; 

13 ‘‘(C) a finding by the Secretary, supported 

14 by scientific, risk-based evidence, that— 

15 ‘‘(i) the food safety programs, systems, 

16 and standards in the country, territory, or 

17 region of origin of the food are inadequate 

18 to ensure that the article of food is as safe 

19 as a similar article of food that is manufac20 tured, processed, packed, or held in the 

21 United States in accordance with the re22 quirements of this Act; and 

23 ‘‘(ii) the certification would assist the 

24 Secretary in determining whether to refuse 
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1 or admit the article of food under subsection 

2 (a); and 

3 ‘‘(D) information submitted to the Secretary 

4 in accordance with the process established in 

5 paragraph (7). 

6 ‘‘(3) CERTIFYING ENTITIES.—For purposes of 

7 paragraph (1), entities that shall provide the certifi8 cation or assurances described in such paragraph 

9 are— 

10 ‘‘(A) an agency or a representative of the 

11 government of the country from which the article 

12 of food at issue originated, as designated by the 

13 Secretary; or 

14 ‘‘(B) such other persons or entities accred15 ited pursuant to section 808 to provide such cer16 tification or assurance. 

17 ‘‘(4) RENEWAL AND REFUSAL OF CERTIFI18 CATIONS.—The Secretary may— 

19 ‘‘(A) require that any certification or other 

20 assurance provided by an entity specified in 

21 paragraph (2) be renewed by such entity at such 

22 times as the Secretary determines appropriate; 

23 and 
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1 ‘‘(B) refuse to accept any certification or 

2 assurance if the Secretary determines that such 

3 certification or assurance is not valid or reliable. 

4 ‘‘(5) ELECTRONIC SUBMISSION.—The Secretary 

5 shall provide for the electronic submission of certifi6 cations under this subsection. 

7 ‘‘(6) FALSE STATEMENTS.—Any statement or 

8 representation made by an entity described in para9 graph (2) to the Secretary shall be subject to section 

10 1001 of title 18, United States Code. 

11 ‘‘(7) ASSESSMENT OF FOOD SAFETY PROGRAMS, 

12 SYSTEMS, AND STANDARDS.—If the Secretary deter13 mines that the food safety programs, systems, and 

14 standards in a foreign region, country, or territory 

15 are inadequate to ensure that an article of food is as 

16 safe as a similar article of food that is manufactured, 

17 processed, packed, or held in the United States in ac18 cordance with the requirements of this Act, the Sec19 retary shall, to the extent practicable, identify such 

20 inadequacies and establish a process by which the for21 eign region, country, or territory may inform the Sec22 retary of improvements made to such food safety pro23 gram, system, or standard and demonstrate that those 

24 controls are adequate to ensure that an article of food 

25 is as safe as a similar article of food that is manufac-
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1 tured, processed, packed, or held in the United States 

2 in accordance with the requirements of this Act.’’. 

3 (c) CONFORMING TECHNICAL AMENDMENT.—Section 

4 801(b) (21 U.S.C. 381(b)) is amended in the second sentence 

5 by striking ‘‘with respect to an article included within the 

6 provision of the fourth sentence of subsection (a)’’ and in7 serting ‘‘with respect to an article described in subsection 

8 (a) relating to the requirements of sections 760 or 761,’’. 

9 (d) NO LIMIT ON AUTHORITY.—Nothing in the amend10 ments made by this section shall limit the authority of the 

11 Secretary to conduct inspections of imported food or to take 

12 such other steps as the Secretary deems appropriate to de13 termine the admissibility of imported food. 

14 SEC. 6304. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS. 

15 (a) IN GENERAL.—Section 801(m)(1) (21 U.S.C. 

16 381(m)(1)) is amended by inserting ‘‘any country to which 

17 the article has been refused entry;’’ after ‘‘the country from 

18 which the article is shipped;’’. 

19 (b) REGULATIONS.—Not later than 120 days after the 

20 date of enactment of this Act, the Secretary shall issue an 

21 interim final rule amending subpart I of part 1 of title 

22 21, Code of Federal Regulations, to implement the amend23 ment made by this section. 
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1 (c) EFFECTIVE DATE.—The amendment made by this 

2 section shall take effect 180 days after the date of enactment 

3 of this Act. 

4 SEC. 6305. BUILDING CAPACITY OF FOREIGN GOVERN5 MENTS WITH RESPECT TO FOOD SAFETY. 

6 (a) IN GENERAL.—The Secretary shall, not later than 

7 2 years of the date of enactment of this Act, develop a com8 prehensive plan to expand the technical, scientific, and reg9 ulatory food safety capacity of foreign governments, and 

10 their respective food industries, from which foods are ex11 ported to the United States. 

12 (b) CONSULTATION.—In developing the plan under 

13 subsection (a), the Secretary shall consult with the Sec14 retary of Agriculture, Secretary of State, Secretary of the 

15 Treasury, the Secretary of Homeland Security, the United 

16 States Trade Representative, and the Secretary of Com17 merce, representatives of the food industry, appropriate for18 eign government officials, nongovernmental organizations 

19 that represent the interests of consumers, and other stake20 holders. 

21 (c) PLAN.—The plan developed under subsection (a) 

22 shall include, as appropriate, the following: 

23 (1) Recommendations for bilateral and multilat24 eral arrangements and agreements, including provi-
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1 sions to provide for responsibility of exporting coun2 tries to ensure the safety of food. 

3 (2) Provisions for secure electronic data sharing. 

4 (3) Provisions for mutual recognition of inspec5 tion reports. 

6 (4) Training of foreign governments and food 

7 producers on United States requirements for safe food. 

8 (5) Recommendations on whether and how to 

9 harmonize requirements under the Codex 

10 Alimentarius. 

11 (6) Provisions for the multilateral acceptance of 

12 laboratory methods and testing and detection tech13 niques. 

14 (d) RULE OF CONSTRUCTION.—Nothing in this section 

15 shall be construed to affect the regulation of dietary supple16 ments under the Dietary Supplement Health and Edu17 cation Act of 1994 (Public Law 103–417). 

18 SEC. 6306. INSPECTION OF FOREIGN FOOD FACILITIES. 

19 (a) IN GENERAL.—Chapter VIII (21 U.S.C. 381 et 

20 seq.), as amended by section 6302, is amended by inserting 

21 at the end the following: 

22 ‘‘SEC. 807. INSPECTION OF FOREIGN FOOD FACILITIES. 

23 ‘‘(a) INSPECTION.—The Secretary— 

24 ‘‘(1) may enter into arrangements and agree25 ments with foreign governments to facilitate the in-
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1 spection of foreign facilities registered under section 

2 415; and 

3 ‘‘(2) shall direct resources to inspections of for4 eign facilities, suppliers, and food types, especially 

5 such facilities, suppliers, and food types that present 

6 a high risk (as identified by the Secretary), to help 

7 ensure the safety and security of the food supply of 

8 the United States. 

9 ‘‘(b) EFFECT OF INABILITY TO INSPECT.—Notwith10 standing any other provision of law, food shall be refused 

11 admission into the United States if it is from a foreign 

12 factory, warehouse, or other establishment of which the 

13 owner, operator, or agent in charge, or the government of 

14 the foreign country, refuses to permit entry of United States 

15 inspectors or other individuals duly designated by the Sec16 retary, upon request, to inspect such factory, warehouse, or 

17 other establishment. For purposes of this subsection, such 

18 an owner, operator, or agent in charge shall be considered 

19 to have refused an inspection if such owner, operator, or 

20 agent in charge does not permit an inspection of a factory, 

21 warehouse, or other establishment during the 24-hour period 

22 after such request is submitted, or after such other time pe23 riod, as agreed upon by the Secretary and the foreign fac24 tory, warehouse, or other establishment.’’. 

25 (b) INSPECTION BY THE SECRETARY OF COMMERCE.— 
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1 (1) IN GENERAL.—The Secretary of Commerce, 

2 in coordination with the Secretary of Health and 

3 Human Services, may send 1 or more inspectors to 

4 a country or facility of an exporter from which sea5 food imported into the United States originates. The 

6 inspectors shall assess practices and processes used in 

7 connection with the farming, cultivation, harvesting, 

8 preparation for market, or transportation of such sea9 food and may provide technical assistance related to 

10 such activities. 

11 (2) INSPECTION REPORT.— 

12 (A) IN GENERAL.—The Secretary of Health 

13 and Human Services, in coordination with the 

14 Secretary of Commerce, shall— 

15 (i) prepare an inspection report for 

16 each inspection conducted under paragraph 

17 (1); 

18 (ii) provide the report to the country 

19 or exporter that is the subject of the report; 

20 and 

21 (iii) provide a 30-day period during 

22 which the country or exporter may provide 

23 a rebuttal or other comments on the find24 ings of the report to the Secretary of Health 

25 and Human Services. 
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1 (B) DISTRIBUTION AND USE OF REPORT.— 

2 The Secretary of Health and Human Services 

3 shall consider the inspection reports described in 

4 subparagraph (A) in distributing inspection re5 sources under section 421 of the Federal Food, 

6 Drug, and Cosmetic Act, as added by section 

7 6201. 

8 SEC. 6307. ACCREDITATION OF THIRD-PARTY AUDITORS. 

9 Chapter VIII (21 U.S.C. 381 et seq.), as amended by 

10 section 6306, is amended by adding at the end the following: 

11 ‘‘SEC. 808. ACCREDITATION OF THIRD-PARTY AUDITORS. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) AUDIT AGENT.—The term ‘audit agent’ 

14 means an individual who is an employee or agent of 

15 an accredited third-party auditor and, although not 

16 individually accredited, is qualified to conduct food 

17 safety audits on behalf of an accredited third-party 

18 auditor. 

19 ‘‘(2) ACCREDITATION BODY.—The term ‘accredi20 tation body’ means an authority that performs ac21 creditation of third-party auditors. 

22 ‘‘(3) THIRD-PARTY AUDITOR.—The term ‘third23 party auditor’ means a foreign government, agency of 

24 a foreign government, foreign cooperative, or any 

25 other thirdparty, as the Secretary determines appro-
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1 priate in accordance with the model standards de2 scribed in subsection (b)(2), that is eligible to be con3 sidered for accreditation to conduct food safety audits 

4 to certify that eligible entities meet the applicable re5 quirements of this section. A third-party auditor may 

6 be a single individual. A third-party auditor may 

7 employ or use audit agents to help conduct consult8 ative and regulatory audits. 

9 ‘‘(4) ACCREDITED THIRD-PARTY AUDITOR.—The 

10 term ‘accredited third-party auditor’ means a third11 party auditor accredited by an accreditation body to 

12 conduct audits of eligible entities to certify that such 

13 eligible entities meet the applicable requirements of 

14 this section. An accredited third-party auditor may 

15 be an individual who conducts food safety audits to 

16 certify that eligible entities meet the applicable re17 quirements of this section. 

18 ‘‘(5) CONSULTATIVE AUDIT.—The term ‘consult19 ative audit’ means an audit of an eligible entity— 

20 ‘‘(A) to determine whether such entity is in 

21 compliance with the provisions of this Act and 

22 with applicable industry standards and prac23 tices; and 

24 ‘‘(B) the results of which are for internal 

25 purposes only. 
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1 ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible enti2 ty’ means a foreign entity, including a foreign facil3 ity registered under section 415, in the food import 

4 supply chain that chooses to be audited by an accred5 ited third-party auditor or the audit agent of such ac6 credited third-party auditor. 

7 ‘‘(7) REGULATORY AUDIT.—The term ‘regulatory 

8 audit’ means an audit of an eligible entity— 

9 ‘‘(A) to determine whether such entity is in 

10 compliance with the provisions of this Act; and 

11 ‘‘(B) the results of which determine— 

12 ‘‘(i) whether an article of food manu13 factured, processed, packed, or held by such 

14 entity is eligible to receive a food certifi15 cation under section 801(q); or 

16 ‘‘(ii) whether a facility is eligible to re17 ceive a facility certification under section 

18 806(a) for purposes of participating in the 

19 program under section 806. 

20 ‘‘(b) ACCREDITATION SYSTEM.— 

21 ‘‘(1) ACCREDITATION BODIES.— 

22 ‘‘(A) RECOGNITION OF ACCREDITATION BOD23 IES.— 

24 ‘‘(i) IN GENERAL.—Not later than 2 

25 years after the date of enactment of the 
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1 FDA Food Safety Modernization Act, the 

2 Secretary shall establish a system for the 

3 recognition of accreditation bodies that ac4 credit third-party auditors to certify that 

5 eligible entities meet the applicable require6 ments of this section. 

7 ‘‘(ii) DIRECT ACCREDITATION.—If, by 

8 the date that is 2 years after the date of es9 tablishment of the system described in 

10 clause (i), the Secretary has not identified 

11 and recognized an accreditation body to 

12 meet the requirements of this section, the 

13 Secretary may directly accredit third-party 

14 auditors. 

15 ‘‘(B) NOTIFICATION.—Each accreditation 

16 body recognized by the Secretary shall submit to 

17 the Secretary a list of all accredited third-party 

18 auditors accredited by such body and the audit 

19 agents of such auditors. 

20 ‘‘(C) REVOCATION OF RECOGNITION AS AN

21 ACCREDITATION BODY.—The Secretary shall 

22 promptly revoke the recognition of any accredita23 tion body found not to be in compliance with the 

24 requirements of this section. 
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1 ‘‘(D) REINSTATEMENT.—The Secretary 

2 shall establish procedures to reinstate recognition 

3 of an accreditation body if the Secretary deter4 mines, based on evidence presented by such ac5 creditation body, that revocation was inappro6 priate or that the body meets the requirements 

7 for recognition under this section. 

8 ‘‘(2) MODEL ACCREDITATION STANDARDS.—Not 

9 later than 18 months after the date of enactment of 

10 the FDA Food Safety Modernization Act, the Sec11 retary shall develop model standards, including re12 quirements for regulatory audit reports, and each rec13 ognized accreditation body shall ensure that third14 party auditors and audit agents of such auditors meet 

15 such standards in order to qualify such third-party 

16 auditors as accredited third-party auditors under this 

17 section. In developing the model standards, the Sec18 retary shall look to standards in place on the date of 

19 the enactment of this section for guidance, to avoid 

20 unnecessary duplication of efforts and costs. 

21 ‘‘(c) THIRD-PARTY AUDITORS.— 

22 ‘‘(1) REQUIREMENTS FOR ACCREDITATION AS A

23 THIRD-PARTY AUDITOR.— 

24 ‘‘(A) FOREIGN GOVERNMENTS.—Prior to ac25 crediting a foreign government or an agency of 
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1 a foreign government as an accredited third2 party auditor, the accreditation body (or, in the 

3 case of direct accreditation under subsection 

4 (b)(1)(A)(ii), the Secretary) shall perform such 

5 reviews and audits of food safety programs, sys6 tems, and standards of the government or agency 

7 of the government as the Secretary deems nec8 essary, including requirements under the model 

9 standards developed under subsection (b)(2), to 

10 determine that the foreign government or agency 

11 of the foreign government is capable of ade12 quately ensuring that eligible entities or foods 

13 certified by such government or agency meet the 

14 requirements of this Act with respect to food 

15 manufactured, processed, packed, or held for im16 port into the United States. 

17 ‘‘(B) FOREIGN COOPERATIVES AND OTHER

18 THIRD PARTIES.—Prior to accrediting a foreign 

19 cooperative that aggregates the products of grow20 ers or processors, or any other third party to be 

21 an accredited third-party auditor, the accredita22 tion body (or, in the case of direct accreditation 

23 under subsection (b)(1)(A)(ii), the Secretary) 

24 shall perform such reviews and audits of the 

25 training and qualifications of audit agents used 
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1 by that cooperative or party and conduct such 

2 reviews of internal systems and such other inves3 tigation of the cooperative or party as the Sec4 retary deems necessary, including requirements 

5 under the model standards developed under sub6 section (b)(2), to determine that each eligible en7 tity certified by the cooperative or party has sys8 tems and standards in use to ensure that such 

9 entity or food meets the requirements of this Act. 

10 ‘‘(2) REQUIREMENT TO ISSUE CERTIFICATION OF

11 ELIGIBLE ENTITIES OR FOODS.— 

12 ‘‘(A) IN GENERAL.—An accreditation body 

13 (or, in the case of direct accreditation under sub14 section (b)(1)(A)(ii), the Secretary) may not ac15 credit a third-party auditor unless such third16 party auditor agrees to issue a written and, as 

17 appropriate, electronic food certification, de18 scribed in section 801(q), or facility certification 

19 under section 806(a), as appropriate, to accom20 pany each food shipment for import into the 

21 United States from an eligible entity, subject to 

22 requirements set forth by the Secretary. Such 

23 written or electronic certification may be in24 cluded with other documentation regarding such 

25 food shipment. The Secretary shall consider cer-
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1 tifications under section 801(q) and participa2 tion in the voluntary qualified importer pro3 gram described in section 806 when targeting in4 spection resources under section 421. 

5 ‘‘(B) PURPOSE OF CERTIFICATION.—The 

6 Secretary shall use certification provided by ac7 credited third-party auditors to— 

8 ‘‘(i) determine, in conjunction with 

9 any other assurances the Secretary may re10 quire under section 801(q), whether a food 

11 satisfies the requirements of such section; 

12 and 

13 ‘‘(ii) determine whether a facility is el14 igible to be a facility from which food may 

15 be offered for import under the voluntary 

16 qualified importer program under section 

17 806. 

18 ‘‘(C) REQUIREMENTS FOR ISSUING CERTIFI19 CATION.— 

20 ‘‘(i) IN GENERAL.—An accredited 

21 third-party auditor shall issue a food cer22 tification under section 801(q) or a facility 

23 certification described under subparagraph 

24 (B) only after conducting a regulatory 

25 audit and such other activities that may be 
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1 necessary to establish compliance with the 

2 requirements of such sections. 

3 ‘‘(ii) PROVISION OF CERTIFICATION.— 

4 Only an accredited third-party auditor or 

5 the Secretary may provide a facility certifi6 cation under section 806(a). Only those 

7 parties described in 801(q)(3) or the Sec8 retary may provide a food certification 

9 under 301(g). 

10 ‘‘(3) AUDIT REPORT SUBMISSION REQUIRE11 MENTS.— 

12 ‘‘(A) REQUIREMENTS IN GENERAL.—As a 

13 condition of accreditation, not later than 45 

14 days after conducting an audit, an accredited 

15 third-party auditor or audit agent of such audi16 tor shall prepare, and, in the case of a regu17 latory audit, submit, the audit report for each 

18 audit conducted, in a form and manner des19 ignated by the Secretary, which shall include— 

20 ‘‘(i) the identity of the persons at the 

21 audited eligible entity responsible for com22 pliance with food safety requirements; 

23 ‘‘(ii) the dates of the audit; 

24 ‘‘(iii) the scope of the audit; and 
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1 ‘‘(iv) any other information required 

2 by the Secretary that relates to or may in3 fluence an assessment of compliance with 

4 this Act. 

5 ‘‘(B) RECORDS.—Following any accredita6 tion of a third-party auditor, the Secretary may, 

7 at any time, require the accredited third-party 

8 auditor to submit to the Secretary an onsite 

9 audit report and such other reports or documents 

10 required as part of the audit process, for any eli11 gible entity certified by the third-party auditor 

12 or audit agent of such auditor. Such report may 

13 include documentation that the eligible entity is 

14 in compliance with any applicable registration 

15 requirements. 

16 ‘‘(C) LIMITATION.—The requirement under 

17 subparagraph (B) shall not include any report 

18 or other documents resulting from a consultative 

19 audit by the accredited third-party auditor, ex20 cept that the Secretary may access the results of 

21 a consultative audit in accordance with section 

22 414. 

23 ‘‘(4) REQUIREMENTS OF ACCREDITED THIRD24 PARTY AUDITORS AND AUDIT AGENTS OF SUCH AUDI25 TORS.— 
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1 ‘‘(A) RISKS TO PUBLIC HEALTH.—If, at 

2 any time during an audit, an accredited third3 party auditor or audit agent of such auditor dis4 covers a condition that could cause or contribute 

5 to a serious risk to the public health, such audi6 tor shall immediately notify the Secretary of— 

7 ‘‘(i) the identification of the eligible en8 tity subject to the audit; and 

9 ‘‘(ii) such condition. 

10 ‘‘(B) TYPES OF AUDITS.—An accredited 

11 third-party auditor or audit agent of such audi12 tor may perform consultative and regulatory au13 dits of eligible entities. 

14 ‘‘(C) LIMITATIONS.— 

15 ‘‘(i) IN GENERAL.—An accredited 

16 third-party auditor may not perform a reg17 ulatory audit of an eligible entity if such 

18 agent has performed a consultative audit or 

19 a regulatory audit of such eligible entity 

20 during the previous 13-month period. 

21 ‘‘(ii) WAIVER.—The Secretary may 

22 waive the application of clause (i) if the 

23 Secretary determines that there is insuffi24 cient access to accredited third-party audi25 tors in a country or region. 
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1 ‘‘(5) CONFLICTS OF INTEREST.— 

2 ‘‘(A) THIRD-PARTY AUDITORS.—An accred3 ited third-party auditor shall— 

4 ‘‘(i) not be owned, managed, or con5 trolled by any person that owns or operates 

6 an eligible entity to be certified by such 

7 auditor; 

8 ‘‘(ii) in carrying out audits of eligible 

9 entities under this section, have procedures 

10 to ensure against the use of any officer or 

11 employee of such auditor that has a finan12 cial conflict of interest regarding an eligible 

13 entity to be certified by such auditor; and 

14 ‘‘(iii) annually make available to the 

15 Secretary disclosures of the extent to which 

16 such auditor and the officers and employees 

17 of such auditor have maintained compliance 

18 with clauses (i) and (ii) relating to finan19 cial conflicts of interest. 

20 ‘‘(B) AUDIT AGENTS.—An audit agent 

21 shall— 

22 ‘‘(i) not own or operate an eligible en23 tity to be audited by such agent; 

24 ‘‘(ii) in carrying out audits of eligible 

25 entities under this section, have procedures 
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1 to ensure that such agent does not have a fi2 nancial conflict of interest regarding an eli3 gible entity to be audited by such agent; 

4 and 

5 ‘‘(iii) annually make available to the 

6 Secretary disclosures of the extent to which 

7 such agent has maintained compliance with 

8 clauses (i) and (ii) relating to financial 

9 conflicts of interest. 

10 ‘‘(C) REGULATIONS.—The Secretary shall 

11 promulgate regulations not later than 18 months 

12 after the date of enactment of the FDA Food 

13 Safety Modernization Act to implement this sec14 tion and to ensure that there are protections 

15 against conflicts of interest between an accred16 ited third-party auditor and the eligible entity to 

17 be certified by such auditor or audited by such 

18 audit agent. Such regulations shall include— 

19 ‘‘(i) requiring that audits performed 

20 under this section be unannounced; 

21 ‘‘(ii) a structure to decrease the poten22 tial for conflicts of interest, including tim23 ing and public disclosure, for fees paid by 

24 eligible entities to accredited third-party 

25 auditors; and 
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1 ‘‘(iii) appropriate limits on financial 

2 affiliations between an accredited third3 party auditor or audit agents of such audi4 tor and any person that owns or operates 

5 an eligible entity to be certified by such 

6 auditor, as described in subparagraphs (A) 

7 and (B). 

8 ‘‘(6) WITHDRAWAL OF ACCREDITATION.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 withdraw accreditation from an accredited 

11 third-party auditor— 

12 ‘‘(i) if food certified under section 

13 801(q) or from a facility certified under 

14 paragraph (2)(B) by such third-party audi15 tor is linked to an outbreak of foodborne ill16 ness that has a reasonable probability of 

17 causing serious adverse health consequences 

18 or death in humans or animals; 

19 ‘‘(ii) following an evaluation and find20 ing by the Secretary that the third-party 

21 auditor no longer meets the requirements for 

22 accreditation; or 

23 ‘‘(iii) following a refusal to allow 

24 United States officials to conduct such au25 dits and investigations as may be necessary 
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1 to ensure continued compliance with the re2 quirements set forth in this section. 

3 ‘‘(B) ADDITIONAL BASIS FOR WITHDRAWAL

4 OF ACCREDITATION.—The Secretary may with5 draw accreditation from an accredited third6 party auditor in the case that such third-party 

7 auditor is accredited by an accreditation body 

8 for which recognition as an accreditation body 

9 under subsection (b)(1)(C) is revoked, if the Sec10 retary determines that there is good cause for the 

11 withdrawal. 

12 ‘‘(C) EXCEPTION.—The Secretary may 

13 waive the application of subparagraph (A)(i) if 

14 the Secretary— 

15 ‘‘(i) conducts an investigation of the 

16 material facts related to the outbreak of 

17 human or animal illness; and 

18 ‘‘(ii) reviews the steps or actions taken 

19 by the third-party auditor to justify the cer20 tification and determines that the accredited 

21 third-party auditor satisfied the require22 ments under section 801(q) of certifying the 

23 food, or the requirements under paragraph 

24 (2)(B) of certifying the entity. 
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1 ‘‘(7) REACCREDITATION.—The Secretary shall es2 tablish procedures to reinstate the accreditation of a 

3 third-party auditor for which accreditation has been 

4 withdrawn under paragraph (6)— 

5 ‘‘(A) if the Secretary determines, based on 

6 evidence presented, that the third-party auditor 

7 satisfies the requirements of this section and ade8 quate grounds for revocation no longer exist; and 

9 ‘‘(B) in the case of a third-party auditor 

10 accredited by an accreditation body for which 

11 recognition as an accreditation body under sub12 section (b)(1)(C) is revoked— 

13 ‘‘(i) if the third-party auditor becomes 

14 accredited not later than 1 year after rev15 ocation of accreditation under paragraph 

16 (6)(A), through direct accreditation under 

17 subsection (b)(1)(A)(ii) or by an accredita18 tion body in good standing; or 

19 ‘‘(ii) under such conditions as the Sec20 retary may require for a third-party audi21 tor under paragraph (6)(B). 

22 ‘‘(8) NEUTRALIZING COSTS.—The Secretary shall 

23 establish by regulation a reimbursement (user fee) 

24 program, similar to the method described in section 

25 203(h) of the Agriculture Marketing Act of 1946, by 
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1 which the Secretary assesses fees and requires accred2 ited third-party auditors and audit agents to reim3 burse the Food and Drug Administration for the work 

4 performed to establish and administer the accredita5 tion system under this section. The Secretary shall 

6 make operating this program revenue-neutral and 

7 shall not generate surplus revenue from such a reim8 bursement mechanism. Fees authorized under this 

9 paragraph shall be collected and available for obliga10 tion only to the extent and in the amount provided 

11 in advance in appropriation Acts. Such fees are au12 thorized to remain available until expended. 

13 ‘‘(d) RECERTIFICATION OF ELIGIBLE ENTITIES.—An 

14 eligible entity shall apply for annual recertification by an 

15 accredited third-party auditor if such entity— 

16 ‘‘(1) intends to participate in voluntary quali17 fied importer program under section 806; or 

18 ‘‘(2) is required to provide to the Secretary a 

19 certification under section 801(q) for any food from 

20 such entity. 

21 ‘‘(e) FALSE STATEMENTS.—Any statement or rep22 resentation made— 

23 ‘‘(1) by an employee or agent of an eligible enti24 ty to an accredited third-party auditor or audit 

25 agent; or 
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1 ‘‘(2) by an accredited third-party auditor to the 

2 Secretary, 

3 shall be subject to section 1001 of title 18, United States 

4 Code. 

5 ‘‘(f) MONITORING.—To ensure compliance with the re6 quirements of this section, the Secretary shall— 

7 ‘‘(1) periodically, or at least once every 4 years, 

8 reevaluate the accreditation bodies described in sub9 section (b)(1); 

10 ‘‘(2) periodically, or at least once every 4 years, 

11 evaluate the performance of each accredited third12 party auditor, through the review of regulatory audit 

13 reports by such auditors, the compliance history as 

14 available of eligible entities certified by such auditors, 

15 and any other measures deemed necessary by the Sec16 retary; 

17 ‘‘(3) at any time, conduct an onsite audit of any 

18 eligible entity certified by an accredited third-party 

19 auditor, with or without the auditor present; and 

20 ‘‘(4) take any other measures deemed necessary 

21 by the Secretary. 

22 ‘‘(g) PUBLICLY AVAILABLE REGISTRY.—The Secretary 

23 shall establish a publicly available registry of accreditation 

24 bodies and of accredited third-party auditors, including the 

25 name of, contact information for, and other information 
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1 deemed necessary by the Secretary about such bodies and 

2 auditors. 

3 ‘‘(h) LIMITATIONS.— 

4 ‘‘(1) NO EFFECT ON SECTION 704 INSPECTIONS.— 

5 The audits performed under this section shall not be 

6 considered inspections under section 704. 

7 ‘‘(2) NO EFFECT ON INSPECTION AUTHORITY.— 

8 Nothing in this section affects the authority of the 

9 Secretary to inspect any eligible entity pursuant to 

10 this Act.’’. 

11 SEC. 6308. FOREIGN OFFICES OF THE FOOD AND DRUG AD12 MINISTRATION. 

13 (a) IN GENERAL.—The Secretary shall establish offices 

14 of the Food and Drug Administration in foreign countries 

15 selected by the Secretary, to provide assistance to the appro16 priate governmental entities of such countries with respect 

17 to measures to provide for the safety of articles of food and 

18 other products regulated by the Food and Drug Administra19 tion exported by such country to the United States, includ20 ing by directly conducting risk-based inspections of such ar21 ticles and supporting such inspections by such govern22 mental entity. 

23 (b) CONSULTATION.—In establishing the foreign offices 

24 described in subsection (a), the Secretary shall consult with 
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1 the Secretary of State, the Secretary of Homeland Security, 

2 and the United States Trade Representative. 

3 (c) REPORT.—Not later than October 1, 2011, the Sec4 retary shall submit to Congress a report on the basis for 

5 the selection by the Secretary of the foreign countries in 

6 which the Secretary established offices, the progress which 

7 such offices have made with respect to assisting the govern8 ments of such countries in providing for the safety of arti9 cles of food and other products regulated by the Food and 

10 Drug Administration exported to the United States, and 

11 the plans of the Secretary for establishing additional foreign 

12 offices of the Food and Drug Administration, as appro13 priate. 

14 SEC. 6309. SMUGGLED FOOD. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 enactment of this Act, the Secretary shall, in coordination 

17 with the Secretary of Homeland Security, develop and im18 plement a strategy to better identify smuggled food and pre19 vent entry of such food into the United States. 

20 (b) NOTIFICATION TO HOMELAND SECURITY.—Not 

21 later than 10 days after the Secretary identifies a smuggled 

22 food that the Secretary believes would cause serious adverse 

23 health consequences or death to humans or animals, the Sec24 retary shall provide to the Secretary of Homeland Security 

25 a notification under section 417(n) of the Federal Food, 
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1 Drug, and Cosmetic Act (21 U.S.C. 350f(k)) describing the 

2 smuggled food and, if available, the names of the individ3 uals or entities that attempted to import such food into the 

4 United States. 

5 (c) PUBLIC NOTIFICATION.—If the Secretary— 

6 (1) identifies a smuggled food; 

7 (2) reasonably believes exposure to the food 

8 would cause serious adverse health consequences or 

9 death to humans or animals; and 

10 (3) reasonably believes that the food has entered 

11 domestic commerce and is likely to be consumed, 

12 the Secretary shall promptly issue a press release describing 

13 that food and shall use other emergency communication or 

14 recall networks, as appropriate, to warn consumers and 

15 vendors about the potential threat. 

16 (d) EFFECT OF SECTION.—Nothing in this section 

17 shall affect the authority of the Secretary to issue public 

18 notifications under other circumstances. 

19 (e) DEFINITION.—In this subsection, the term ‘‘smug20 gled food’’ means any food that a person introduces into 

21 the United States through fraudulent means or with the in22 tent to defraud or mislead. 
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1 TITLE IV—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 6401. FUNDING FOR FOOD SAFETY. 

4 (a) IN GENERAL.—There are authorized to be appro5 priated to carry out the activities of the Center for Food 

6 Safety and Applied Nutrition, the Center for Veterinary 

7 Medicine, and related field activities in the Office of Regu8 latory Affairs of the Food and Drug Administration such 

9 sums as may be necessary for fiscal years 2011 through 

10 2015. 

11 (b) INCREASED NUMBER OF FIELD STAFF.— 

12 (1) IN GENERAL.—To carry out the activities of 

13 the Center for Food Safety and Applied Nutrition, the 

14 Center for Veterinary Medicine, and related field ac15 tivities of the Office of Regulatory Affairs of the Food 

16 and Drug Administration, the Secretary of Health 

17 and Human Services shall increase the field staff of 

18 such Centers and Office with a goal of not fewer 

19 than— 

20 (A) 4,000 staff members in fiscal year 2011; 

21 (B) 4,200 staff members in fiscal year 2012; 

22 (C) 4,600 staff members in fiscal year 2013; 

23 and 

24 (D) 5,000 staff members in fiscal year 2014. 
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1 (2) FIELD STAFF FOR FOOD DEFENSE.—The goal 

2 under paragraph (1) shall include an increase of 150 

3 employees by fiscal year 2011 to— 

4 (A) provide additional detection of and re5 sponse to food defense threats; and 

6 (B) detect, track, and remove smuggled food 

7 (as defined in section 6309) from commerce. 

8 SEC. 6402. EMPLOYEE PROTECTIONS. 

9 Chapter X of the Federal Food, Drug, and Cosmetic 

10 Act (21 U.S.C. 391 et seq.), as amended by section 6209, 

11 is further amended by adding at the end the following: 

12 ‘‘SEC. 1013. EMPLOYEE PROTECTIONS. 

13 ‘‘(a) IN GENERAL.—No entity engaged in the manu14 facture, processing, packing, transporting, distribution, re15 ception, holding, or importation of food may discharge an 

16 employee or otherwise discriminate against an employee 

17 with respect to compensation, terms, conditions, or privi18 leges of employment because the employee, whether at the 

19 employee’s initiative or in the ordinary course of the em20 ployee’s duties (or any person acting pursuant to a request 

21 of the employee)— 

22 ‘‘(1) provided, caused to be provided, or is about 

23 to provide or cause to be provided to the employer, the 

24 Federal Government, or the attorney general of a 

25 State information relating to any violation of, or any 
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1 act or omission the employee reasonably believes to be 

2 a violation of any provision of this Act or any order, 

3 rule, regulation, standard, or ban under this Act, or 

4 any order, rule, regulation, standard, or ban under 

5 this Act; 

6 ‘‘(2) testified or is about to testify in a pro7 ceeding concerning such violation; 

8 ‘‘(3) assisted or participated or is about to assist 

9 or participate in such a proceeding; or 

10 ‘‘(4) objected to, or refused to participate in, any 

11 activity, policy, practice, or assigned task that the 

12 employee (or other such person) reasonably believed to 

13 be in violation of any provision of this Act, or any 

14 order, rule, regulation, standard, or ban under this 

15 Act. 

16 ‘‘(b) PROCESS.— 

17 ‘‘(1) IN GENERAL.—A person who believes that 

18 he or she has been discharged or otherwise discrimi19 nated against by any person in violation of sub20 section (a) may, not later than 180 days after the 

21 date on which such violation occurs, file (or have any 

22 person file on his or her behalf) a complaint with the 

23 Secretary of Labor (referred to in this section as the 

24 ‘Secretary’) alleging such discharge or discrimination 

25 and identifying the person responsible for such act. 
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1 Upon receipt of such a complaint, the Secretary shall 

2 notify, in writing, the person named in the complaint 

3 of the filing of the complaint, of the allegations con4 tained in the complaint, of the substance of evidence 

5 supporting the complaint, and of the opportunities 

6 that will be afforded to such person under paragraph 

7 (2). 

8 ‘‘(2) INVESTIGATION.— 

9 ‘‘(A) IN GENERAL.—Not later than 60 days 

10 after the date of receipt of a complaint filed 

11 under paragraph (1) and after affording the 

12 complainant and the person named in the com13 plaint an opportunity to submit to the Secretary 

14 a written response to the complaint and an op15 portunity to meet with a representative of the 

16 Secretary to present statements from witnesses, 

17 the Secretary shall initiate an investigation and 

18 determine whether there is reasonable cause to 

19 believe that the complaint has merit and notify, 

20 in writing, the complainant and the person al21 leged to have committed a violation of subsection 

22 (a) of the Secretary’s findings. 

23 ‘‘(B) REASONABLE CAUSE FOUND; PRELIMI24 NARY ORDER.—If the Secretary concludes that 

25 there is reasonable cause to believe that a viola-
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1 tion of subsection (a) has occurred, the Secretary 

2 shall accompany the Secretary’s findings with a 

3 preliminary order providing the relief prescribed 

4 by paragraph (3)(B). Not later than 30 days 

5 after the date of notification of findings under 

6 this paragraph, the person alleged to have com7 mitted the violation or the complainant may file 

8 objections to the findings or preliminary order, 

9 or both, and request a hearing on the record. The 

10 filing of such objections shall not operate to stay 

11 any reinstatement remedy contained in the pre12 liminary order. Any such hearing shall be con13 ducted expeditiously. If a hearing is not re14 quested in such 30-day period, the preliminary 

15 order shall be deemed a final order that is not 

16 subject to judicial review. 

17 ‘‘(C) DISMISSAL OF COMPLAINT.— 

18 ‘‘(i) STANDARD FOR COMPLAINANT.— 

19 The Secretary shall dismiss a complaint 

20 filed under this subsection and shall not 

21 conduct an investigation otherwise required 

22 under subparagraph (A) unless the com23 plainant makes a prima facie showing that 

24 any behavior described in paragraphs (1) 

25 through (4) of subsection (a) was a contrib-
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1 uting factor in the unfavorable personnel 

2 action alleged in the complaint. 

3 ‘‘(ii) STANDARD FOR EMPLOYER.—Not4 withstanding a finding by the Secretary 

5 that the complainant has made the showing 

6 required under clause (i), no investigation 

7 otherwise required under subparagraph (A) 

8 shall be conducted if the employer dem9 onstrates, by clear and convincing evidence, 

10 that the employer would have taken the 

11 same unfavorable personnel action in the 

12 absence of that behavior. 

13 ‘‘(iii) VIOLATION STANDARD.—The Sec14 retary may determine that a violation of 

15 subsection (a) has occurred only if the com16 plainant demonstrates that any behavior 

17 described in paragraphs (1) through (4) of 

18 subsection (a) was a contributing factor in 

19 the unfavorable personnel action alleged in 

20 the complaint. 

21 ‘‘(iv) RELIEF STANDARD.—Relief may 

22 not be ordered under subparagraph (A) if 

23 the employer demonstrates by clear and con24 vincing evidence that the employer would 
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1 have taken the same unfavorable personnel 

2 action in the absence of that behavior. 

3 ‘‘(3) FINAL ORDER.— 

4 ‘‘(A) IN GENERAL.—Not later than 120 

5 days after the date of conclusion of any hearing 

6 under paragraph (2), the Secretary shall issue a 

7 final order providing the relief prescribed by this 

8 paragraph or denying the complaint. At any 

9 time before issuance of a final order, a pro10 ceeding under this subsection may be terminated 

11 on the basis of a settlement agreement entered 

12 into by the Secretary, the complainant, and the 

13 person alleged to have committed the violation. 

14 ‘‘(B) CONTENT OF ORDER.—If, in response 

15 to a complaint filed under paragraph (1), the 

16 Secretary determines that a violation of sub17 section (a) has occurred, the Secretary shall 

18 order the person who committed such violation— 

19 ‘‘(i) to take affirmative action to abate 

20 the violation; 

21 ‘‘(ii) to reinstate the complainant to 

22 his or her former position together with 

23 compensation (including back pay) and re24 store the terms, conditions, and privileges 

25 associated with his or her employment; and 
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1 ‘‘(iii) to provide compensatory dam2 ages to the complainant. 

3 ‘‘(C) PENALTY.—If such an order is issued 

4 under this paragraph, the Secretary, at the re5 quest of the complainant, shall assess against the 

6 person against whom the order is issued a sum 

7 equal to the aggregate amount of all costs and 

8 expenses (including attorneys’ and expert witness 

9 fees) reasonably incurred, as determined by the 

10 Secretary, by the complainant for, or in connec11 tion with, the bringing of the complaint upon 

12 which the order was issued. 

13 ‘‘(D) BAD FAITH CLAIM.—If the Secretary 

14 finds that a complaint under paragraph (1) is 

15 frivolous or has been brought in bad faith, the 

16 Secretary may award to the prevailing employer 

17 a reasonable attorneys’ fee, not exceeding $1,000, 

18 to be paid by the complainant. 

19 ‘‘(4) ACTION IN COURT.— 

20 ‘‘(A) IN GENERAL.—If the Secretary has not 

21 issued a final decision within 210 days after the 

22 filing of the complaint, or within 90 days after 

23 receiving a written determination, the complain24 ant may bring an action at law or equity for de 

25 novo review in the appropriate district court of 
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1 the United States with jurisdiction, which shall 

2 have jurisdiction over such an action without re3 gard to the amount in controversy, and which 

4 action shall, at the request of either party to such 

5 action, be tried by the court with a jury. The 

6 proceedings shall be governed by the same legal 

7 burdens of proof specified in paragraph (2)(C). 

8 ‘‘(B) RELIEF.—The court shall have juris9 diction to grant all relief necessary to make the 

10 employee whole, including injunctive relief and 

11 compensatory damages, including— 

12 ‘‘(i) reinstatement with the same se13 niority status that the employee would have 

14 had, but for the discharge or discrimina15 tion; 

16 ‘‘(ii) the amount of back pay, with in17 terest; and 

18 ‘‘(iii) compensation for any special 

19 damages sustained as a result of the dis20 charge or discrimination, including litiga21 tion costs, expert witness fees, and reason22 able attorney’s fees. 

23 ‘‘(5) REVIEW.— 

24 ‘‘(A) IN GENERAL.—Unless the complainant 

25 brings an action under paragraph (4), any per-
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1 son adversely affected or aggrieved by a final 

2 order issued under paragraph (3) may obtain re3 view of the order in the United States Court of 

4 Appeals for the circuit in which the violation, 

5 with respect to which the order was issued, alleg6 edly occurred or the circuit in which the com7 plainant resided on the date of such violation. 

8 The petition for review must be filed not later 

9 than 60 days after the date of the issuance of the 

10 final order of the Secretary. Review shall con11 form to chapter 7 of title 5, United States Code. 

12 The commencement of proceedings under this 

13 subparagraph shall not, unless ordered by the 

14 court, operate as a stay of the order. 

15 ‘‘(B) NO JUDICIAL REVIEW.—An order of 

16 the Secretary with respect to which review could 

17 have been obtained under subparagraph (A) shall 

18 not be subject to judicial review in any criminal 

19 or other civil proceeding. 

20 ‘‘(6) FAILURE TO COMPLY WITH ORDER.—When21 ever any person has failed to comply with an order 

22 issued under paragraph (3), the Secretary may file a 

23 civil action in the United States district court for the 

24 district in which the violation was found to occur, or 

25 in the United States district court for the District of 
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1 Columbia, to enforce such order. In actions brought 

2 under this paragraph, the district courts shall have 

3 jurisdiction to grant all appropriate relief including, 

4 but not limited to, injunctive relief and compensatory 

5 damages. 

6 ‘‘(7) CIVIL ACTION TO REQUIRE COMPLIANCE.— 

7 ‘‘(A) IN GENERAL.—A person on whose be8 half an order was issued under paragraph (3) 

9 may commence a civil action against the person 

10 to whom such order was issued to require com11 pliance with such order. The appropriate United 

12 States district court shall have jurisdiction, 

13 without regard to the amount in controversy or 

14 the citizenship of the parties, to enforce such 

15 order. 

16 ‘‘(B) AWARD.—The court, in issuing any 

17 final order under this paragraph, may award 

18 costs of litigation (including reasonable attor19 neys’ and expert witness fees) to any party 

20 whenever the court determines such award is ap21 propriate. 

22 ‘‘(c) EFFECT OF SECTION.— 

23 ‘‘(1) OTHER LAWS.—Nothing in this section pre24 empts or diminishes any other safeguards against dis25 crimination, demotion, discharge, suspension, threats, 
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1 harassment, reprimand, retaliation, or any other 

2 manner of discrimination provided by Federal or 

3 State law. 

4 ‘‘(2) RIGHTS OF EMPLOYEES.—Nothing in this 

5 section shall be construed to diminish the rights, 

6 privileges, or remedies of any employee under any 

7 Federal or State law or under any collective bar8 gaining agreement. The rights and remedies in this 

9 section may not be waived by any agreement, policy, 

10 form, or condition of employment. 

11 ‘‘(d) ENFORCEMENT.—Any nondiscretionary duty im12 posed by this section shall be enforceable in a mandamus 

13 proceeding brought under section 1361 of title 28, United 

14 States Code. 

15 ‘‘(e) LIMITATION.—Subsection (a) shall not apply with 

16 respect to an employee of an entity engaged in the manufac17 ture, processing, packing, transporting, distribution, recep18 tion, holding, or importation of food who, acting without 

19 direction from such entity (or such entity’s agent), delib20 erately causes a violation of any requirement relating to 

21 any violation or alleged violation of any order, rule, regula22 tion, standard, or ban under this Act.’’. 

23 SEC. 6403. JURISDICTION; AUTHORITIES. 

24 Nothing in this Act, or an amendment made by this 

25 Act, shall be construed to— 
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1 (1) alter the jurisdiction between the Secretary of 

2 Agriculture and the Secretary of Health and Human 

3 Services, under applicable statutes, regulations, or 

4 agreements regarding voluntary inspection of non5 amenable species under the Agricultural Marketing 

6 Act of 1946 (7 U.S.C. 1621 et seq.); 

7 (2) alter the jurisdiction between the Alcohol and 

8 Tobacco Tax and Trade Bureau and the Secretary of 

9 Health and Human Services, under applicable stat10 utes and regulations; 

11 (3) limit the authority of the Secretary of Health 

12 and Human Services under— 

13 (A) the Federal Food, Drug, and Cosmetic 

14 Act (21 U.S.C. 301 et seq.) as in effect on the 

15 day before the date of enactment of this Act; or 

16 (B) the Public Health Service Act (42 

17 U.S.C. 301 et seq.) as in effect on the day before 

18 the date of enactment of this Act; 

19 (4) alter or limit the authority of the Secretary 

20 of Agriculture under the laws administered by such 

21 Secretary, including— 

22 (A) the Federal Meat Inspection Act (21 

23 U.S.C. 601 et seq.); 

24 (B) the Poultry Products Inspection Act (21 

25 U.S.C. 451 et seq.); 
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1 (C) the Egg Products Inspection Act (21 

2 U.S.C. 1031 et seq.); 

3 (D) the United States Grain Standards Act 

4 (7 U.S.C. 71 et seq.); 

5 (E) the Packers and Stockyards Act, 1921 

6 (7 U.S.C. 181 et seq.); 

7 (F) the United States Warehouse Act (7 

8 U.S.C. 241 et seq.); 

9 (G) the Agricultural Marketing Act of 1946 

10 (7 U.S.C. 1621 et seq.); and 

11 (H) the Agricultural Adjustment Act (7 

12 U.S.C. 601 et seq.), reenacted with the amend13 ments made by the Agricultural Marketing 

14 Agreement Act of 1937; or 

15 (5) alter, impede, or affect the authority of the 

16 Secretary of Homeland Security under the Homeland 

17 Security Act of 2002 (6 U.S.C. 101 et seq.) or any 

18 other statute, including any authority related to se19 curing the borders of the United States, managing 

20 ports of entry, or agricultural import and entry in21 spection activities. 

22 SEC. 6404. COMPLIANCE WITH INTERNATIONAL AGREE23 MENTS. 

24 Nothing in this Act (or an amendment made by this 

25 Act) shall be construed in a manner inconsistent with the 
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1 agreement establishing the World Trade Organization or 

2 any other treaty or international agreement to which the 

3 United States is a party. 

4 SEC. 6405. DETERMINATION OF BUDGETARY EFFECTS. 

5 The budgetary effects of this Act, for the purpose of 

6 complying with the Statutory Pay-As-You-Go Act of 2010, 

7 shall be determined by reference to the latest statement titled 

8 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

9 jointly submitted for printing in the Congressional Record 

10 by the Chairmen of the House and Senate Budget Commit11 tees, provided that such statement has been submitted prior 

12 to the vote on passage in the House acting first on this con13 ference report or amendment between the Houses. 

Attest: 

Clerk. 

111TH CONGRESS 

2D SESSION H.R. 3082 

HOUSE AMENDMENT TO 

SENATE AMENDMENT