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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3082 Engrossed Amendment House (EAH)]

                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:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

            DIVISION A--FULL-YEAR CONTINUING APPROPRIATIONS

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

              DIVISION B--SURFACE TRANSPORTATION EXTENSION

                DIVISION C--AIRPORT AND AIRWAY EXTENSION

                        DIVISION D--FOOD SAFETY

SEC. 3. REFERENCES.

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

            DIVISION A--FULL-YEAR CONTINUING APPROPRIATIONS

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

                      TITLE I--GENERAL PROVISIONS

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

         TITLE II--ADJUSTMENTS IN FUNDING AND OTHER PROVISIONS

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

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

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

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

                           CHAPTER 3--DEFENSE

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

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

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

          CHAPTER 5--FINANCIAL SERVICES AND GENERAL GOVERNMENT

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

                      CHAPTER 6--HOMELAND SECURITY

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

         CHAPTER 7--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

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

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

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

                     CHAPTER 9--LEGISLATIVE BRANCH

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

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

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

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

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

                         ``ninth replenishment

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

                        ``fifth capital increase

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

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

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

              DIVISION B--SURFACE TRANSPORTATION EXTENSION

SEC. 4001. SHORT TITLE; RECONCILIATION OF FUNDS.

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

                     TITLE I--FEDERAL-AID HIGHWAYS

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

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

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

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

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

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

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

SEC. 4203. ADDITIONAL PROGRAMS.

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

               TITLE III--PUBLIC TRANSPORTATION PROGRAMS

SEC. 4301. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.

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

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

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

SEC. 4303. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT GRANTS.

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

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

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

SEC. 4305. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.

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

SEC. 4306. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.

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

SEC. 4307. AMENDMENTS TO SAFETEA-LU.

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

SEC. 4308. LEVEL OF OBLIGATION LIMITATIONS.

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

              TITLE IV--EXTENSION OF EXPENDITURE AUTHORITY

SEC. 4401. EXTENSION OF EXPENDITURE AUTHORITY.

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

                DIVISION C--AIRPORT AND AIRWAY EXTENSION

SEC. 5001. SHORT TITLE.

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

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

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

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

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

SEC. 5004. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

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

SEC. 5005. EXTENSION OF EXPIRING AUTHORITIES.

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

                        DIVISION D--FOOD SAFETY

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

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

                        DIVISION D--FOOD SAFETY

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

      TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS

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

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

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

            TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

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

      TITLE I--IMPROVING CAPACITY TO PREVENT FOOD SAFETY PROBLEMS

SEC. 6101. INSPECTIONS OF RECORDS.

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

SEC. 6102. REGISTRATION OF FOOD FACILITIES.

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

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

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

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

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

SEC. 6104. PERFORMANCE STANDARDS.

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

SEC. 6105. STANDARDS FOR PRODUCE SAFETY.

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

``SEC. 419. STANDARDS FOR PRODUCE SAFETY.

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

SEC. 6106. PROTECTION AGAINST INTENTIONAL ADULTERATION.

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

``SEC. 420. PROTECTION AGAINST INTENTIONAL ADULTERATION.

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

SEC. 6107. AUTHORITY TO COLLECT FEES.

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

                     ``PART 6--FEES RELATED TO FOOD

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

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

SEC. 6108. NATIONAL AGRICULTURE AND FOOD DEFENSE STRATEGY.

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

SEC. 6109. FOOD AND AGRICULTURE COORDINATING COUNCILS.

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

SEC. 6110. BUILDING DOMESTIC CAPACITY.

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

SEC. 6111. SANITARY TRANSPORTATION OF FOOD.

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

SEC. 6112. FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT.

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

SEC. 6113. NEW DIETARY INGREDIENTS.

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

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

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

SEC. 6115. PORT SHOPPING.

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

SEC. 6116. ALCOHOL-RELATED FACILITIES.

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

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

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

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

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

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

SEC. 6202. LABORATORY ACCREDITATION FOR ANALYSES OF FOODS.

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

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

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

SEC. 6203. INTEGRATED CONSORTIUM OF LABORATORY NETWORKS.

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

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

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

SEC. 6205. SURVEILLANCE.

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

SEC. 6206. MANDATORY RECALL AUTHORITY.

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

``SEC. 423. MANDATORY RECALL AUTHORITY.

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

SEC. 6207. ADMINISTRATIVE DETENTION OF FOOD.

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

SEC. 6208. DECONTAMINATION AND DISPOSAL STANDARDS AND PLANS.

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

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

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

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

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

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

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

SEC. 6210. ENHANCING FOOD SAFETY.

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

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

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

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

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

SEC. 6211. IMPROVING THE REPORTABLE FOOD REGISTRY.

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

            TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD

SEC. 6301. FOREIGN SUPPLIER VERIFICATION PROGRAM.

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

``SEC. 805. FOREIGN SUPPLIER VERIFICATION PROGRAM.

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

SEC. 6302. VOLUNTARY QUALIFIED IMPORTER PROGRAM.

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

``SEC. 806. VOLUNTARY QUALIFIED IMPORTER PROGRAM.

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

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

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

SEC. 6304. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS.

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

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

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

SEC. 6306. INSPECTION OF FOREIGN FOOD FACILITIES.

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

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

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

SEC. 6307. ACCREDITATION OF THIRD-PARTY AUDITORS.

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

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

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

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

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

SEC. 6309. SMUGGLED FOOD.

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 6401. FUNDING FOR FOOD SAFETY.

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

SEC. 6402. EMPLOYEE PROTECTIONS.

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

``SEC. 1013. EMPLOYEE PROTECTIONS.

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

SEC. 6403. JURISDICTION; AUTHORITIES.

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

SEC. 6404. COMPLIANCE WITH INTERNATIONAL AGREEMENTS.

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

SEC. 6405. DETERMINATION OF BUDGETARY EFFECTS.

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

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H.R. 3082

_______________________________________________________________________

                  HOUSE AMENDMENT TO SENATE AMENDMENT
```