AUTHORITY TO COMMISSION OTHER FEDERAL OFFICIALS TO CONDUCT INSPECTIONS.

SEC. 314. AUTHORITY TO COMMISSION OTHER FEDERAL OFFICIALS TO CONDUCT INSPECTIONS. Section 702(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372(a)) is amended— (1) by striking “(a)” and inserting “(a)(1)”; (2) by striking “In the case of food packed” and inserting the following: “(3) In the case of food packed”; (3) by striking “For the purposes of this subsection” and inserting the following: “(4) For the purposes of this subsection,”; and (4) by inserting after paragraph (1) (as designated by paragraph (1) of this section) the following paragraph: “(2) (A) In addition to the authority established in paragraph (1), the Secretary, pursuant to a memorandum of understanding between the Secretary and the head of another Federal department or agency, is authorized to conduct examinations and investigations for the purposes of this Act through the officers and employees of such other department or agency, subject to subparagraph (B). Such a memorandum shall include provisions to ensure adequate training of such officers and employees to conduct the examinations 116 STAT. 675 and investigations. The memorandum of understanding 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 or investigations performed under this section by the officers or employees of the other department or agency. “(B) A memorandum of understanding under subparagraph (A) between the Secretary and another Federal department or agency is effective only in the case of examinations or inspections at facilities or other locations that are jointly regulated by the Secretary and such department or agency. “(C) For any fiscal year in which the Secretary and the head of another Federal department or agency carries out one or more examinations or inspections under a memorandum of understanding under subparagraph (A), the Secretary and the head of such department or agency shall with respect to their respective departments or agencies submit to the committees of jurisdiction (authorizing and appropriating) in the House of Representatives and the Senate a report that provides, for such year— “(i) the number of officers or employees that carried out one or more programs, projects, or activities under such memorandum; “(ii) the number of additional articles that were inspected or examined as a result of such memorandum; and “(iii) the number of additional examinations or investigations that were carried out pursuant to such memorandum.”.