Page:United States Statutes at Large Volume 124.djvu/3936

 124 STAT. 3910 PUBLIC LAW 111–353—JAN. 4, 2011 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 appro- priated 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 THE USE AND AMOUNT OF FEES.—Para- graph (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 for the respective fiscal year.’’ SEC. 108. 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 Deadline. Web posting. 21 USC 2202. Deadline.