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(v) the Poultry Products Inspection
Act (21 U.S.C. 451 et seq.);
(vi) the Federal Meat Inspection Act
(21 U.S.C. 601 et seq.); and
(vii) the Egg Products Inspection Act
(21 U.S.C. 1031 et seq.);
(B) with respect to laws administered by
the Secretary of the Treasury, the Federal Alco-
hol Administration Act (27 U.S.C. 201 et seq.);
(C) with respect to laws administered by the
Federal Trade Commission, the Act of September
26, 1914 (15 U.S.C. 41 et seq.);
(D) with respect to laws administered by
the Secretary of Health and Human Services—
(i) chapters I through IV of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.);
(ii) the Public Health Service Act (42
U.S.C. 201 et seq.);
(iii) the Import Milk Act (21 U.S.C.
141 et seq.);
(iv) the Food Additives Amendment of
1958 (Public Law 85–929; 52 Stat. 1041);
(v) the Fair Packaging and Labeling
Act (Public Law 89–755; 80 Stat. 1296);
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(vi) the Infant Formula Act of 1980
(21 U.S.C. 301 note; Public Law 96–359);
(vii) the Pesticide Monitoring Improve-
ments Act of 1988 (Public Law 100–418;
102 Stat. 1411);
(viii) the Nutrition Labeling and Edu-
cation Act of 1990 (21 U.S.C. 301 note;
Public Law 101–535);
(ix) the Food and Drug Administra-
tion Modernization Act of 1997 (21 U.S.C.
301 note; Public Law 105–115); and
(x) the Public Health Security and
Bioterrorism Preparedness and Response
Act of 2002 (21 U.S.C. 201 note; Public
Law 107–188);
(E) with respect to laws administered by
the Attorney General, the Federal Anti-Tam-
pering Act (18 U.S.C. 1365 note; Public Law
98–127);
(F) with respect to laws administered by the
Administrator of the Environmental Protection
Agency—
(i) the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.);
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(ii) the Food Quality Protection Act of
1996 (7 U.S.C. 136 note; Public Law 104–
170);
(iii) the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.); and
(iv) the Safe Drinking Water Act of
1974 (42 U.S.C. 201 note; Public Law 93–
523); and
(G) with respect to laws administered by
the Secretary of Transportation, chapter 57 of
subtitle II of title 49, United States Code (relat-
ing to sanitary food transportation); and
(H) with respect to Government studies on
food safety—
(i) the report of the National Acad-
emies of Science entitled ‘‘Ensuring Safe
Food from Production to Consumption’’
and dated 1998;
(ii) the report of the National Acad-
emies of Science entitled ‘‘Scientific Cri-
teria to Ensure Safe Food’’ and dated 2003;
(iii) reports of the Office of the Inspec-
tor General of the Department of Agri-
culture, including—
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(I) report 24601–0008–CH, enti-
tled ‘‘Egg Products Processing Inspec-
tion’’ and dated September 18, 2007;
(II) report 24005–1–AT, entitled
‘‘Food Safety and Inspection Service—
State Meat and Poultry Inspection
Programs’’ and dated September 27,
2006;
(III) report 24601–06–CH, enti-
tled ‘‘Food Safety and Inspection Serv-
ice’s In-Plant Performance System’’
and dated March 28, 2006;
(IV) report 24601–05–AT, entitled
‘‘Hazard Analysis and Critical Control
Point Implementation at Very Small
Plants’’ and dated June 24, 2005;
(V) report 24601–04–HY, entitled
‘‘Food Safety and Inspection Service
Oversight of the 2004 Recall by Quaker
Maid Meats, Inc.’’ and dated May 18,
2005;
(VI) report 24501–01–FM, enti-
tled ‘‘Food Safety and Inspection Serv-
ice Application Controls—Performance
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Based Inspection System’’ and dated
November 24, 2004;
(VII) report 24601–03–CH, enti-
tled ‘‘Food Safety and Inspection Serv-
ice Use of Food Safety Information’’
and dated September 30, 2004;
(VIII) report 24601–03–HY, enti-
tled ‘‘Food Safety and Inspection Serv-
ice Effectiveness Checks for the 2002
Pilgrim’s Pride Recall’’ and dated
June 29, 2004;
(IX) report 24601–02–HY, enti-
tled ‘‘Food Safety and Inspection Serv-
ice Oversight of the Listeria Outbreak
in the Northeastern United States’’
and dated June 9, 2004;
(X) report 24099–05–HY, entitled
‘‘Food Safety and Inspection Service
Imported Meat and Poultry Equiva-
lence Determinations Phase III’’ and
dated December 29, 2003;
(XI) report 24601–2–KC, entitled
‘‘Food Safety and Inspection Service—
Oversight of Production Process and
Recall at Conagra Plant (Establish-
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ment 969)’’ and dated September 30,
2003;
(XII) report 24601–1–Ch, entitled
‘‘Laboratory Testing Of Meat And
Poultry Products’’ and dated June 21,
2000;
(XIII) report 24001–3–At, 24601–
1–Ch, 24099–3–Hy, 24601–4–At, enti-
tled ‘‘Food Safety and Inspection Serv-
ice: HACCP Implementation, Pathogen
Testing Program, Foreign Country
Equivalency, Compliance Activities’’
and dated June 21, 2000; and
(XIV) report 24001–3–At, entitled
‘‘Implementation of the Hazard Anal-
ysis and Critical Control Point Sys-
tem’’ and dated June 21, 2000; and
(I) with respect to reports prepared by the
Government Accountability Office, the reports
designated—
(i) GAO–05–212;
(ii) GAO–02–47T;
(iii) GAO/T–RCED–94–223;
(iv) GAO/RCED–99–80;
(v) GAO/T–RCED–98–191;
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(vi) GAO/RCED–98–103;
(vii) GAO–07–785T;
(viii) GAO–05–51;
(ix) GAO/T–RCED–94–311;
(x) GAO/RCED–92–152;
(xi) GAO/T–RCED–99–232;
(xii) GAO/T–RCED–98–271;
(xiii) GAO–07–449T;
(xiv) GAO–05–213;
(xv) GAO–04–588T;
(xvi) GAO/RCED–00–255;
(xvii) GAO/RCED–00–195; and
(xviii) GAO/T–RCED–99–256.
(3) REPORT.—Not later than 360 days after the
date on which the Commission first meets, the Com-
mission shall submit to the President and Congress a
report that includes the report and summaries, statu-
tory language recommendations, and budget rec-
ommendations described in clauses (ii) and (iii) of
subsection (a)(1)(B).
(c) POWERS OF THE COMMISSION.—
(1) HEARINGS.—The Commission or, at the di-
rection of the Commission, any member of the Com-
mission, may, for the purpose of carrying out this
section—
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(A) hold such hearings, meet and act at
such times and places, take such testimony, re-
ceive such evidence, and administer such oaths;
and
(B) require the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers,
documents, tapes, and materials;
as the Commission or member considers advisable.
(2) INFORMATION FROM FEDERAL AGENCIES.—
(A) IN GENERAL.—The Commission may se-
cure directly, from any Federal agency, such in-
formation as the Commission considers necessary
to carry out this section.
(B) PROVISION OF INFORMATION.—
(i) IN GENERAL.—Subject to subpara-
graph (C), on the request of the Commis-
sion, the head of a Federal agency described
in subparagraph (A) shall expeditiously
furnish information requested by the Com-
mission to the Commission.
(ii) ADMINISTRATION.—The furnishing
of information by a Federal agency to the
Commission shall not be considered a waiv-
er of any exemption available to the agency
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under section 552 of title 5, United States
Code.
(C) INFORMATION TO BE KEPT CONFIDEN-
TIAL.—For purposes of section 1905 of title 18,
United States Code—
(i) the Commission shall be considered
an agency of the Federal Government; and
(ii) any individual employed by an in-
dividual, entity, or organization that is a
party to a contract with the Commission
under this section shall be considered an
employee of the Commission.
(d) COMMISSION PERSONNEL MATTERS.—
(1) MEMBERS.—
(A) NON-FEDERAL EMPLOYEES.—A member
of the Commission who is not an officer or em-
ployee of the Federal Government shall be com-
pensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
(including travel time) during which the member
is engaged in the performance of the duties of the
Commission.
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(B) FEDERAL EMPLOYEES.—A member of
the Commission who is an officer or employee of
the Federal Government shall serve without com-
pensation in addition to the compensation re-
ceived for the services of the member as an officer
or employee of the Federal Government.
(C) TRAVEL EXPENSES.—A member of the
Commission shall be allowed travel expenses, in-
cluding per diem in lieu of subsistence, at rates
authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United
States Code, while away from the home or reg-
ular place of business of the member in the per-
formance of the duties of the Commission.
(2) STAFF.—
(A) EXECUTIVE DIRECTOR.—Not later than
30 days after the Chairperson and Vice-Chair-
person of the Commission are selected under sub-
section (a)(4), the Chairperson and Vice-Chair-
person shall jointly select an individual to serve
as executive director of the Commission.
(B) ADDITIONAL STAFF.—The Chairperson
of the Commission may, without regard to the
civil service laws (including regulations), ap-
point and terminate the appointment of such
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other additional personnel as are necessary to
enable the Commission to perform the duties of
the Commission.
(C) CONFIRMATION OF EXECUTIVE DIREC-
TOR.—The employment of an executive director
under this paragraph shall be subject to con-
firmation by the Commission.
(D) COMPENSATION.—
(i) IN GENERAL.—Except as provided
in clause (ii), the Chairperson of the Com-
mission may fix the compensation of the ex-
ecutive director and other personnel without
regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5,
United States Code, relating to classifica-
tion of positions and General Schedule pay
rates.
(ii) MAXIMUM RATE OF PAY.—The rate
of pay for the executive director and other
personnel shall not exceed the rate payable
for level II of the Executive Schedule under
section 5316 of title 5, United States Code.
(3) DETAIL OF FEDERAL GOVERNMENT EMPLOY-
EES.—
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(A) IN GENERAL.—An employee of the Fed-
eral Government may be detailed to the Commis-
sion, without reimbursement, for such period of
time as is permitted by law.
(B) CIVIL SERVICE STATUS.—The detail of
the employee shall be without interruption or
loss of civil service status or privilege.
(4) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT
SERVICES.—The Chairperson, Vice-Chair-
person, and executive director of the Commission may
procure temporary and intermittent services in ac-
cordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay pre-
scribed for level IV of the Executive Schedule under
section 5316 of that title.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.
(f) TERMINATION.—The Commission shall terminate
on the date that is 60 days after the date on which the Com-
mission submits the report under subsection (b)(2).
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SEC. 11061. EMERGENCY GRANTS TO ASSIST LOW-INCOME
MIGRANT AND SEASONAL FARMWORKERS.
Section 2281 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (42 U.S.C. 5177a) is amended to
read as follows:
‘‘SEC. 2281. EMERGENCY GRANTS TO ASSIST LOW-INCOME
MIGRANT AND SEASONAL FARMWORKERS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means a public agency, community-based organi-
zation, or network of community-based organizations
with tax-exempt status under section 501(c)(3) of the
Internal Revenue Code of 1986, that has at least 5
years of demonstrated experience in representing and
providing emergency services to low-income migrant
or seasonal farmworkers.
‘‘(2) LOW-INCOME MIGRANT OR SEASONAL FARM-
WORKER.—The term ‘low-income migrant or seasonal
farmworker’ means an individual—
‘‘(A) who has, during any consecutive 12-
month period within the preceding 24-month pe-
riod, performed farm work for wages;
‘‘(B) who has received not less than 1⁄2 of
the total income of the individual from, or been
employed at least 1⁄2 of total work time in, farm
work; and
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‘‘(C) whose annual family income during
the 12-month period described in paragraph (1)
does not exceed the higher of, as determined by
the Secretary—
‘‘(i) 185 percent of the most recent an-
nual Federal Poverty Income Guidelines
published by the Department of Health and
Human Services; or
‘‘(ii) 70 percent of the lower living
standard income level.
‘‘(3) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(b) GRANTS AVAILABLE.—The Secretary may make
grants to eligible entities if the Secretary determines that
a local, State, or national emergency or disaster has caused
low-income migrant or seasonal farmworkers—
‘‘(1) to lose income;
‘‘(2) to be unable to work; or
‘‘(3) to stay home or return home in anticipa-
tion of work shortages.
‘‘(c) USE OF FUNDS.—As a condition of receiving a
grant under subsection (b), an eligible entity shall use the
grant to provide emergency services to low-income migrant
or seasonal farmworkers, with a focus on—
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‘‘(1) assistance that allows low-income migrant
or seasonal farmworkers to meet or access other re-
sources to meet short-term emergency family needs for
food, clothing, employment, transportation, and hous-
ing;
‘‘(2) assistance that allows low-income and mi-
grant seasonal farmworkers to remain in a disaster
area; and
‘‘(3) such other priorities that the Secretary de-
termines to be appropriate.
‘‘(d) DISASTER FUND.—
‘‘(1) IN GENERAL.—The Secretary shall main-
tain a disaster fund of $2,000,000 to be used for im-
mediate assistance for events described in subsection
(b).
‘‘(2) FUNDING.—There are authorized to be ap-
propriated to the Secretary such sums as are nec-
essary to maintain the disaster fund at $2,000,000 for
each of fiscal years 2008 through 2012.’’.
SEC. 
11062. 
GRANTS 
TO 
REDUCE 
PRODUCTION 
OF
METHAMPHETAMINES FROM ANHYDROUS AM-
MONIA.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means—
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(A) a producer of agricultural commodities;
(B) a cooperative association, a majority of
the members of which produce or process agricul-
tural commodities; or
(C) a person in the trade or business of—
(i) selling an agricultural product (in-
cluding an agricultural chemical) at retail,
predominantly to farmers and ranchers; or
(ii) aerial and ground application of
an agricultural chemical.
(2) NURSE TANK.—The term ‘‘nurse tank’’ shall
be considered to be a cargo tank (within the meaning
of section 173.315(m) of title 49, Code of Federal Reg-
ulations, as in effect as of the date of the enactment
of this Act).
(b) GRANT AUTHORITY.—The Secretary may make a
grant to an eligible entity to enable the eligible entity to
obtain and add to an anhydrous ammonia fertilizer nurse
tank a physical lock or a substance to reduce the amount
of methamphetamine that can be produced from any anhy-
drous ammonia removed from the nurse tank.
(c) GRANT AMOUNT.—The amount of a grant made
under this section to an eligible entity shall be the product
obtained by multiplying—
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(1) an amount not less than $40 and not more
than $60, as determined by the Secretary; and
(2) the number of fertilizer nurse tanks of the eli-
gible entity.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to make
grants under this section $15,000,000 for the period of fiscal
years 2008 through 2012.
SEC. 11063. INVASIVE SPECIES MANAGEMENT, HAWAII.
(a) DEFINITIONS.—In this section:
(1) 
SECRETARIES.—The 
term 
‘‘Secretaries’’
means—
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture; and
(C) the Secretary of Homeland Security.
(2) SECRETARY
CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) the Secretary of the Interior, with re-
spect to matters under the jurisdiction of the De-
partment of the Interior;
(B) the Secretary of Agriculture, with re-
spect to matters under the jurisdiction of the De-
partment of Agriculture; and
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(C) the Secretary of Homeland Security,
with respect to matters under the jurisdiction of
the Department of Homeland Security.
(3) STATE.—The term ‘‘State’’ means the State
of Hawaii.
(b) CONTROLLING INTRODUCTION
AND SPREAD
OF
INVASIVE SPECIES AND DISEASES IN THE STATE.—
(1) CONSULTATION
AND
COOPERATION.—The
Secretaries concerned shall—
(A) with respect to restricting the introduc-
tion or movement of invasive species and dis-
eases into the State, consult and cooperate with
the State; and
(B) in carrying out the activities described
in this subsection, consult and cooperate with
appropriate agencies and officers with experience
relating to quarantine procedures, natural re-
sources, conservation, and law enforcement of—
(i) the Department of Homeland Secu-
rity;
(ii) the Department of Commerce;
(iii) the United States Treasury; and
(iv) the State.
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(2) DEVELOPMENT OF COLLABORATIVE FEDERAL
AND STATE PROCEDURES.—The Secretaries, in col-
laboration with the State, shall—
(A) develop procedures to minimize the in-
troduction of invasive species into the State; and
(B) submit to Congress annual reports de-
scribing progress made and results achieved in
carrying out the procedures.
(3) EXPEDITED CONSIDERATION OF STATE AND
LOCAL CONTROL PROPOSALS.—
(A) EXPEDITED PROCESS.—Not later than
1 year after the date of enactment of this Act, the
Secretaries shall establish an expedited process
for the State and political subdivisions of the
State under which the State and political sub-
divisions may, through the submission of an ap-
plication, seek approval of the Secretary con-
cerned to impose a general or specific prohibition
or restriction on the introduction or movement of
invasive species or diseases from domestic or for-
eign locations to the State that is in addition to
the applicable prohibition or restriction imposed
by the Secretary concerned.
(B) REVIEW PERIOD.—Not later than 60
days after the date of receipt by the Secretary
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concerned of an application under subparagraph
(A) that the Secretary concerned determines to be
a completed application, the Secretary concerned
shall—
(i) review the completed application;
(ii) assess each potential risk with re-
spect to the completed application; and
(iii) approve or disapprove the com-
pleted application.
(4) RESPONSE TO EMERGENCY THREATS.—
(A) IN GENERAL.—The State may carry out
an emergency action to impose a prohibition or
restriction on the entry of an invasive species or
disease that is in addition to the applicable pro-
hibition or restriction imposed by the Secretary
concerned if—
(i) the State has submitted to the Sec-
retary concerned a completed application
under paragraph (3) that is pending ap-
proval by the Secretary concerned; and
(ii) an emergency or imminent threat
from an invasive species or disease occurs
in the State during the period in which the
completed application described in clause
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(i) is pending approval by the Secretary
concerned.
(B) NOTICE.—Before carrying out an emer-
gency action under subparagraph (A), the State
shall provide written notice to the Secretary con-
cerned.
(C) PERIOD OF EMERGENCY ACTION.—If, by
the date that is 10 days after the date of receipt
of a written notice under subparagraph (B), the
Secretary concerned does not object to the emer-
gency action that is the subject of the notice, the
State may carry out the emergency action dur-
ing the 60-day period beginning on that date.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretaries such sums
as are necessary to carry out this section for each of fiscal
years 2008 through 2012.
SEC. 11064. OVERSIGHT AND COMPLIANCE.
The Secretary, acting through the Assistant Secretary
for Civil Rights of the Department of Agriculture, shall use
the reports described in subsection (c) of section 2501A of
the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279–1) (as amended by section 11056) in the
conduct of oversight and evaluation of civil rights compli-
ance.
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SEC. 11065. REPORT OF CIVIL RIGHTS COMPLAINTS, RESO-
LUTIONS, AND ACTIONS.
Each year, the Secretary shall—
(1) prepare a report that describes, for each
agency of the Department of Agriculture—
(A) the number of civil rights complaints
filed that relate to the agency, including whether
a complaint is a program complaint or an em-
ployment complaint;
(B) the length of time the agency took to
process each civil rights complaint;
(C) the number of proceedings brought
against the agency, including the number of
complaints described in paragraph (1) that were
resolved with a finding of discrimination; and
(D) the number and type of personnel ac-
tions taken by the agency following resolution of
civil rights complaints;
(2) submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
copy of the report; and
(3) make the report available to the public by
posting the report on the website of the Department.
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SEC. 11066. GRANTS TO IMPROVE SUPPLY, STABILITY, SAFE-
TY, AND TRAINING OF AGRICULTURAL LABOR
FORCE.
(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘‘eligible entity’’ means a nonprofit, commu-
nity-based organization, or a consortium of nonprofit, com-
munity-based organizations, agricultural labor organiza-
tions, farmer or rancher cooperatives, and public entities,
that has the capacity (including demonstrated experience
in providing training, housing, or emergency services to mi-
grant and seasonal farmworkers) to assist agricultural em-
ployers and farmworkers with improvements in the supply,
stability, safety, and training of the agricultural labor
force.
(b) GRANTS.—
(1) IN GENERAL.—The Secretary may provide
grants to eligible entities for use in providing services
to assist farmworkers in securing, retaining, upgrad-
ing, or returning from agricultural jobs.
(2) ELIGIBLE SERVICES.—The services referred
to in paragraph (1) include—
(A) agricultural upgrading and cross train-
ing;
(B) the provision of agricultural labor mar-
ket information;
(C) transportation;
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(D) short-term housing, including housing
for unaccompanied farmworkers and at migrant
rest stops;
(E) travelers’ aid;
(F) workplace literacy and assistance with
English as a second language;
(G) health and safety instruction, including
ways of safeguarding the food supply of the
United States; and
(H) limited emergency and financial assist-
ance, in cases in which the Secretary determines
that a national, State, or local emergency or dis-
aster has caused migrant or seasonal farm-
workers to lose income or employment.
(3) EMERGENCY
ASSISTANCE.—Any emergency
services provided using funds from a grant in accord-
ance with paragraph (2)(H)—
(A) shall be consistent with section 2281 of
the Food, Agriculture, Conservation, and Trade
Act of 1990 (as amended by section 11061);
(B) shall be focused on assistance to allow
low-income farmworkers and their families to
meet short-term needs for such food, clothing, em-
ployment, transportation, and housing as are
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necessary to regain employment or return home;
and
(C) may include such other types of assist-
ance as the Secretary determines to be appro-
priate.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section for each of fiscal years 2008
through 2012.
SEC. 11067. INTERSTATE SHIPMENT OF MEAT AND POULTRY
INSPECTED BY FEDERAL AND STATE AGEN-
CIES FOR CERTAIN SMALL ESTABLISHMENTS.
(a) MEAT AND MEAT PRODUCTS.—The Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) is amended by adding
at the end the following:
‘‘TITLE V—INSPECTIONS BY
FEDERAL AND STATE AGENCIES
‘‘SEC. 501. INTERSTATE SHIPMENT OF MEAT INSPECTED BY
FEDERAL AND STATE AGENCIES FOR CER-
TAIN SMALL ESTABLISHMENTS.
‘‘(a) DEFINITIONS.—
‘‘(1) APPROPRIATE
STATE
AGENCY.—The term
‘appropriate State agency’ means a State agency de-
scribed in section 301(b).
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‘‘(2) DESIGNATED PERSONNEL.—The term ‘des-
ignated personnel’ means inspection personnel of a
State agency that have undergone all necessary in-
spection training and certification to assist the Sec-
retary in the administration and enforcement of this
Act, including regulations.
‘‘(3) ELIGIBLE ESTABLISHMENT.—The term ‘eli-
gible establishment’ means an establishment that is in
compliance with—
‘‘(A) the State inspection program of the
State in which the establishment is located; and
‘‘(B) this Act.
‘‘(4) 
MEAT
ITEM.—The 
term 
‘meat 
item’
means—
‘‘(A) a portion of meat; and
‘‘(B) a meat food product.
‘‘(5) SELECTED ESTABLISHMENT.—The term ‘se-
lected establishment’ means an eligible establishment
that is selected by the Secretary, in coordination with
the appropriate State agency of the State in which
the eligible establishment is located, under subsection
(b) to ship carcasses, portions of carcasses, and meat
items in interstate commerce.
‘‘(b) AUTHORITY OF SECRETARY TO ALLOW SHIP-
MENTS.—
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‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary, in coordination with the appropriate State
agency of the State in which an establishment is lo-
cated, may select the establishment to ship carcasses,
portions of carcasses, and meat items in interstate
commerce, and place on each carcass, portion of a
carcass, and meat item shipped in interstate com-
merce a Federal mark, stamp, tag, or label of inspec-
tion, if the establishment—
‘‘(A) is an eligible establishment; and
‘‘(B) is located in a State that has des-
ignated personnel to inspect the eligible establish-
ment.
‘‘(2) PROHIBITED
ESTABLISHMENTS.—In car-
rying out paragraph (1), the Secretary, in coordina-
tion with an appropriate State agency, shall not se-
lect an establishment that—
‘‘(A) on average, employs more than 25 em-
ployees 
(including 
supervisory 
and 
non-
supervisory employees), as defined by the Sec-
retary;
‘‘(B) as of the date of enactment of this sec-
tion, ships in interstate commerce carcasses, por-
tions of carcasses, or meat items that are in-
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spected by the Secretary in accordance with this
Act;
‘‘(C)(i) is a Federal establishment;
‘‘(ii) was a Federal establishment that was
reorganized on a later date under the same name
or a different name or person by the person,
firm, or corporation that controlled the establish-
ment as of the date of enactment of this section;
or
‘‘(iii) was a State establishment as of the
date of enactment of this section that—
‘‘(I) as of the date of enactment of this
section, employed more than 25 employees;
and
‘‘(II) was reorganized on a later date
by the person, firm, or corporation that con-
trolled the establishment as of the date of
enactment of this section;
‘‘(D) is in violation of this Act;
‘‘(E) is located in a State that does not
have a State inspection program; or
‘‘(F) is the subject of a transition carried
out in accordance with a procedure developed by
the Secretary under paragraph (3)(A).
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‘‘(3) ESTABLISHMENTS
THAT
EMPLOY
MORE
THAN 25 EMPLOYEES.—
‘‘(A) DEVELOPMENT OF PROCEDURE.—The
Secretary may develop a procedure to transition
to a Federal establishment any establishment
under this section that, on average, consistently
employs more than 25 employees.
‘‘(B) ELIGIBILITY OF CERTAIN ESTABLISH-
MENTS.—
‘‘(i) IN GENERAL.—A State establish-
ment that employs more than 25 employees
but less than 35 employees as of the date of
enactment of this section may be selected as
a selected establishment under this sub-
section.
‘‘(ii) PROCEDURES.—A State establish-
ment shall be subject to the procedures es-
tablished under subparagraph (A) begin-
ning on the date that is 3 years after the ef-
fective date described in subsection (j).
‘‘(c) REIMBURSEMENT OF STATE COSTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall reimburse a State for
costs related to the inspection of selected establish-
ments in the State in accordance with Federal re-
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quirements in an amount of not less than 60 percent
of eligible State costs.
‘‘(2) MICROBIOLOGICAL
VERIFICATION
TEST-
ING.—The Secretary may reimburse a State for 100
percent of eligible State costs relating to the inspec-
tion of selected establishments in the State, if the
State provides additional microbiological verification
testing of the selected establishments, using standards
under this Act, that is in excess of the typical
verification testing frequency of the Federal Govern-
ment with respect to Federal establishments.
‘‘(d) COORDINATION BETWEEN FEDERAL AND STATE
AGENCIES.—
‘‘(1) IN
GENERAL.—The Secretary shall des-
ignate an employee of the Federal Government as
State 
coordinator 
for 
each 
appropriate 
State
agency—
‘‘(A) to provide oversight and enforcement
of this title; and
‘‘(B) to oversee the training and inspection
activities of designated personnel of the State
agency.
‘‘(2) SUPERVISION.—A State coordinator shall be
under the direct supervision of the Secretary.
‘‘(3) DUTIES OF STATE COORDINATOR.—
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‘‘(A) IN
GENERAL.—A State coordinator
shall visit selected establishments with a fre-
quency that is appropriate to ensure that selected
establishments are operating in a manner that is
consistent with this Act (including regulations
and policies under this Act).
‘‘(B) QUARTERLY REPORTS.—A State coor-
dinator shall, on a quarterly basis, submit to the
Secretary a report that describes the status of
each selected establishment that is under the ju-
risdiction of the State coordinator with respect to
the level of compliance of each selected establish-
ment with the requirements of this Act.
‘‘(C) IMMEDIATE
NOTIFICATION
REQUIRE-
MENT.—If a State coordinator determines that
any selected establishment that is under the ju-
risdiction of the State coordinator is in violation
of any requirement of this Act, the State coordi-
nator shall—
‘‘(i) immediately notify the Secretary
of the violation; and
‘‘(ii) deselect the selected establishment
or suspend inspection at the selected estab-
lishment.
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‘‘(4) 
PERFORMANCE
EVALUATIONS.—Perform-
ance evaluations of State coordinators designated
under this subsection shall be conducted by the Sec-
retary as part of the Federal agency management
control system.
‘‘(e) AUDITS.—
‘‘(1) PERIODIC AUDITS CONDUCTED BY INSPEC-
TOR
GENERAL
OF
THE
DEPARTMENT
OF
AGRI-
CULTURE.—Not later than 2 years after the effective
date described in subsection (j), and not less often
than every 2 years thereafter, the Inspector General of
the Department of Agriculture shall conduct an audit
of each activity taken by the Secretary under this sec-
tion for the period covered by the audit to determine
compliance with this section.
‘‘(2) AUDIT CONDUCTED BY COMPTROLLER GEN-
ERAL OF THE UNITED STATES.—Not earlier than 3
years, nor later than 5 years, after the date of enact-
ment of this section, the Comptroller General of the
United States shall conduct an audit of the imple-
mentation of this section to determine—
‘‘(A) the effectiveness of the implementation
of this section; and
‘‘(B) the number of selected establishments
selected by the Secretary under this section.
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‘‘(f) INSPECTION TRAINING DIVISION.—
‘‘(1) ESTABLISHMENT.—Not later than 180 days
after the effective date described in subsection (j), the
Secretary shall establish in the Food Safety and In-
spection Service of the Department of Agriculture an
inspection training division to coordinate the initia-
tives of any other appropriate agency of the Depart-
ment of Agriculture to provide—
‘‘(A) outreach, education, and training to
very small or certain small establishments (as
defined by the Secretary); and
‘‘(B) grants to appropriate State agencies to
provide outreach, technical assistance, education,
and training to very small or certain small es-
tablishments (as defined by the Secretary).
‘‘(2) PERSONNEL.—The inspection training divi-
sion shall be comprised of individuals that, as deter-
mined by the Secretary—
‘‘(A) are of a quantity sufficient to carry
out the duties of the inspection training division;
and
‘‘(B) possess appropriate qualifications and
expertise relating to the duties of the inspection
training division.
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‘‘(g) TRANSITION GRANTS.—The Secretary may pro-
vide grants to appropriate State agencies to assist the ap-
propriate State agencies in helping establishments covered
by title III to transition to selected establishments.
‘‘(h) VIOLATIONS.—Any selected establishment that the
Secretary determines to be in violation of any requirement
of this Act shall be transitioned to a Federal establishment
in accordance with a procedure developed by the Secretary
under subsection (b)(3)(A).
‘‘(i) EFFECT.—Nothing in this section limits the juris-
diction of the Secretary with respect to the regulation of
meat and meat products under this Act.
‘‘(j) EFFECTIVE DATE.—
‘‘(1) IN GENERAL.—This section takes effect on
the date on which the Secretary, after providing a pe-
riod of public comment (including through the con-
duct of public meetings or hearings), promulgates
final regulations to carry out this section.
‘‘(2) REQUIREMENT.—Not later than 18 months
after the date of enactment of this section, the Sec-
retary shall promulgate final regulations in accord-
ance with paragraph (1).’’.
(b) POULTRY AND POULTRY PRODUCTS.—The Poultry
Products Inspection Act (21 U.S.C. 451 et seq.) is amended
by adding at the end the following: