[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5961 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 545
115th CONGRESS
  2d Session
                                H. R. 5961

                          [Report No. 115-706]

Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2019, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2018

   Mr. Aderholt, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2019, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for fiscal year ending 
September 30, 2019, and for other purposes, namely:

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

                     (including transfers of funds)

    For necessary expenses of the Office of the Secretary, $39,287,000, 
of which not to exceed $5,051,000 shall be available for the immediate 
Office of the Secretary; not to exceed $800,000 shall be available for 
the Office of the Assistant to the Secretary for Rural Development: 
Provided, That funds made available by this Act to an agency in the 
Rural Development mission area for salaries and expenses are available 
to fund up to one administrative support staff for the Office; not to 
exceed $1,496,000 shall be available for the Office of Homeland 
Security; not to exceed $4,711,000 shall be available for the Office of 
Partnerships and Public Engagement; not to exceed $17,176,000 shall be 
available for the Office of the Assistant Secretary for Administration, 
of which $16,301,000 shall be available for Departmental Administration 
to provide for necessary expenses for management support services to 
offices of the Department and for general administration, security, 
repairs and alterations, and other miscellaneous supplies and expenses 
not otherwise provided for and necessary for the practical and 
efficient work of the Department: Provided further, That funds made 
available by this Act to an agency in the Administration mission area 
for salaries and expenses are available to fund up to one 
administrative support staff for the Office; not to exceed $3,750,000 
shall be available for the Office of Assistant Secretary for 
Congressional Relations to carry out the programs funded by this Act, 
including programs involving intergovernmental affairs and liaison 
within the executive branch; and not to exceed $6,303,000 shall be 
available for the Office of Communications: Provided further, That the 
Secretary of Agriculture is authorized to transfer funds appropriated 
for any office of the Office of the Secretary to any other office of 
the Office of the Secretary: Provided further, That no appropriation 
for any office shall be increased or decreased by more than 5 percent: 
Provided further, That not to exceed $22,000 of the amount made 
available under this paragraph for the immediate Office of the 
Secretary shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Secretary: 
Provided further, That the amount made available under this heading for 
Departmental Administration shall be reimbursed from applicable 
appropriations in this Act for travel expenses incident to the holding 
of hearings as required by 5 U.S.C. 551-558: Provided further, That 
funds made available under this heading for the Office of the Assistant 
Secretary for Congressional Relations may be transferred to agencies of 
the Department of Agriculture funded by this Act to maintain personnel 
at the agency level: Provided further, That no funds made available 
under this heading for the Office of Assistant Secretary for 
Congressional Relations may be obligated after 30 days from the date of 
enactment of this Act, unless the Secretary has notified the Committees 
on Appropriations of both Houses of Congress on the allocation of these 
funds by USDA agency.

                          Executive Operations

                     office of the chief economist

    For necessary expenses of the Office of the Chief Economist, 
$21,286,000, of which $5,000,000 shall be for grants or cooperative 
agreements for policy research under 7 U.S.C. 3155.

                     office of hearings and appeals

    For necessary expenses of the Office of Hearings and Appeals, 
$14,972,000.

                 office of budget and program analysis

    For necessary expenses of the Office of Budget and Program 
Analysis, $9,525,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $58,950,000, of which not less than $33,000,000 is for 
cybersecurity requirements of the department.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, $5,741,000.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $901,000: Provided, That funds made available by this Act 
to an agency in the Civil Rights mission area for salaries and expenses 
are available to fund up to one administrative support staff for the 
Office.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $24,206,000.

                  Agriculture Buildings and Facilities

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public 
Law 92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 121, for programs and activities of the 
Department which are included in this Act, and for alterations and 
other actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and 
for related costs, $62,250,000, to remain available until expended.

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.), $3,503,000, to remain available until 
expended: Provided, That appropriations and funds available herein to 
the Department for Hazardous Materials Management may be transferred to 
any agency of the Department for its use in meeting all requirements 
pursuant to the above Acts on Federal and non-Federal lands.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General, 
including employment pursuant to the Inspector General Act of 1978 
(Public Law 95-452; 5 U.S.C. App.), $98,208,000, including such sums as 
may be necessary for contracting and other arrangements with public 
agencies and private persons pursuant to section 6(a)(9) of the 
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and 
including not to exceed $125,000 for certain confidential operational 
expenses, including the payment of informants, to be expended under the 
direction of the Inspector General pursuant to the Inspector General 
Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the 
Agriculture and Food Act of 1981 (Public Law 97-98).

                     Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$44,846,000.

                            Office of Ethics

    For necessary expenses of the Office of Ethics, $4,136,000.

  Office of the Under Secretary for Research, Education, and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education, and Economics, $800,000: Provided, That funds made 
available by this Act to an agency in the Research, Education, and 
Economics mission area for salaries and expenses are available to fund 
up to one administrative support staff for the Office.

                       Economic Research Service

    For necessary expenses of the Economic Research Service, 
$86,757,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service, $173,717,000, of which up to $45,350,000 shall be available 
until expended for the Census of Agriculture: Provided, That amounts 
made available for the Census of Agriculture may be used to conduct 
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).

                     Agricultural Research Service

                         salaries and expenses

    For necessary expenses of the Agricultural Research Service and for 
acquisition of lands by donation, exchange, or purchase at a nominal 
cost not to exceed $100, and for land exchanges where the lands 
exchanged shall be of equal value or shall be equalized by a payment of 
money to the grantor which shall not exceed 25 percent of the total 
value of the land or interests transferred out of Federal ownership, 
$1,259,916,000, of which $10,000,000 shall remain available until 
expended to carry out the science program of the National Bio and Agro-
Defense Facility located in Manhattan, Kansas: Provided, That 
appropriations hereunder shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed one for 
replacement only: Provided further, That appropriations hereunder shall 
be available pursuant to 7 U.S.C. 2250 for the construction, 
alteration, and repair of buildings and improvements, but unless 
otherwise provided, the cost of constructing any one building shall not 
exceed $500,000, except for headhouses or greenhouses which shall each 
be limited to $1,800,000, except for 10 buildings to be constructed or 
improved at a cost not to exceed $1,100,000 each, and except for two 
buildings to be constructed at a cost not to exceed $3,000,000 each, 
and the cost of altering any one building during the fiscal year shall 
not exceed 10 percent of the current replacement value of the building 
or $500,000, whichever is greater: Provided further, That 
appropriations hereunder shall be available for entering into lease 
agreements at any Agricultural Research Service location for the 
construction of a research facility by a non-Federal entity for use by 
the Agricultural Research Service and a condition of the lease shall be 
that any facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or termination 
of the lease agreement:  Provided further, That the limitations on 
alterations contained in this Act shall not apply to modernization or 
replacement of existing facilities at Beltsville, Maryland:  Provided 
further, That appropriations hereunder shall be available for granting 
easements at the Beltsville Agricultural Research Center:  Provided 
further, That the foregoing limitations shall not apply to replacement 
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 
113a):  Provided further, That appropriations hereunder shall be 
available for granting easements at any Agricultural Research Service 
location for the construction of a research facility by a non-Federal 
entity for use by, and acceptable to, the Agricultural Research Service 
and a condition of the easements shall be that upon completion the 
facility shall be accepted by the Secretary, subject to the 
availability of funds herein, if the Secretary finds that acceptance of 
the facility is in the interest of the United States:  Provided 
further, That funds may be received from any State, other political 
subdivision, organization, or individual for the purpose of 
establishing or operating any research facility or research project of 
the Agricultural Research Service, as authorized by law.

                        buildings and facilities

    For the acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $136,000,000 
to remain available until expended.

               National Institute of Food and Agriculture

                   research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$920,012,000, which shall be for the purposes, and in the amounts, 
specified in the table titled ``National Institute of Food and 
Agriculture, Research and Education Activities'' in the report 
accompanying this Act: Provided, That funds for research grants for 
1994 institutions, education grants for 1890 institutions, capacity 
building for non-land-grant colleges of agriculture, the agriculture 
and food research initiative, veterinary medicine loan repayment, 
multicultural scholars, graduate fellowship and institution challenge 
grants, and grants management systems shall remain available until 
expended: Provided further, That each institution eligible to receive 
funds under the Evans-Allen program receives no less than $1,000,000: 
Provided further, That funds for education grants for Alaska Native and 
Native Hawaiian-serving institutions be made available to individual 
eligible institutions or consortia of eligible institutions with funds 
awarded equally to each of the States of Alaska and Hawaii: Provided 
further, That funds for education grants for 1890 institutions shall be 
made available to institutions eligible to receive funds under 7 U.S.C. 
3221 and 3222: Provided further, That not more than 5 percent of the 
amounts made available by this or any other Act to carry out the 
Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) may be 
retained by the Secretary of Agriculture to pay administrative costs 
incurred by the Secretary in carrying out that authority.

              native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain 
available until expended.

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 
American Samoa, $495,626,000, which shall be for the purposes, and in 
the amounts, specified in the table titled ``National Institute of Food 
and Agriculture, Extension Activities'' in the report accompanying this 
Act: Provided, That funds for facility improvements at 1890 
institutions shall remain available until expended: Provided further, 
That institutions eligible to receive funds under 7 U.S.C. 3221 for 
cooperative extension receive no less than $1,000,000: Provided 
further, That funds for cooperative extension under sections 3(b) and 
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) 
of Public Law 93-471 shall be available for retirement and employees' 
compensation costs for extension agents.

                         integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $37,000,000, 
which shall be for the purposes, and in the amounts, specified in the 
table titled ``National Institute of Food and Agriculture, Integrated 
Activities'' in the report accompanying this Act: Provided, That funds 
for the Food and Agriculture Defense Initiative shall remain available 
until September 30, 2020: Provided further, That notwithstanding any 
other provision of law, indirect costs shall not be charged against any 
Extension Implementation Program Area grant awarded under the Crop 
Protection/Pest Management Program (7 U.S.C. 7626).

  Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs, $901,000: Provided, That funds made 
available by this Act to an agency in the Marketing and Regulatory 
Programs mission area for salaries and expenses are available to fund 
up to one administrative support staff for the Office.

               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Animal and Plant Health Inspection 
Service, including up to $30,000 for representation allowances and for 
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), 
$998,353,000, of which $470,000, to remain available until expended, 
shall be available for the control of outbreaks of insects, plant 
diseases, animal diseases and for control of pest animals and birds 
(``contingency fund'') to the extent necessary to meet emergency 
conditions; of which $11,520,000, to remain available until expended, 
shall be used for the cotton pests program for cost share purposes or 
for debt retirement for active eradication zones; of which $37,857,000, 
to remain available until expended, shall be for Animal Health 
Technical Services; of which $705,000 shall be for activities under the 
authority of the Horse Protection Act of 1970, as amended (15 U.S.C. 
1831); of which $62,840,000, to remain available until expended, shall 
be used to support avian health; of which $4,251,000, to remain 
available until expended, shall be for information technology 
infrastructure; of which $189,013,000, to remain available until 
expended, shall be for specialty crop pests; of which, $9,426,000, to 
remain available until expended, shall be for field crop and rangeland 
ecosystem pests; of which $16,523,000, to remain available until 
expended, shall be for zoonotic disease management; of which 
$40,966,000, to remain available until expended, shall be for emergency 
preparedness and response; of which $54,000,000, to remain available 
until expended, shall be for tree and wood pests; of which $5,725,000, 
to remain available until expended, shall be for the National 
Veterinary Stockpile; of which up to $1,500,000, to remain available 
until expended, shall be for the scrapie program for indemnities; of 
which $2,500,000, to remain available until expended, shall be for the 
wildlife damage management program for aviation safety; of which 
$10,600,000, to remain available until expended, shall be used to carry 
out the science program at the National Bio- and Agro-defense Facility 
located in Manhattan, Kansas; Provided, That of amounts available under 
this heading for wildlife services methods development, $1,000,000 
shall remain available until expended: Provided further, That of 
amounts available under this heading for the screwworm program, 
$4,990,000 shall remain available until expended; of which $3,000,000, 
to remain available until expended, shall be for National Bio- and 
Agro-Defense human capital development: Provided further, That no funds 
shall be used to formulate or administer a brucellosis eradication 
program for the current fiscal year that does not require minimum 
matching by the States of at least 40 percent: Provided further, That 
this appropriation shall be available for the operation and maintenance 
of aircraft and the purchase of not to exceed five, of which two shall 
be for replacement only: Provided further, That in addition, in 
emergencies which threaten any segment of the agricultural production 
industry of the United States, the Secretary may transfer from other 
appropriations or funds available to the agencies or corporations of 
the Department such sums as may be deemed necessary, to be available 
only in such emergencies for the arrest and eradication of contagious 
or infectious disease or pests of animals, poultry, or plants, and for 
expenses in accordance with sections 10411 and 10417 of the Animal 
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any 
unexpended balances of funds transferred for such emergency purposes in 
the preceding fiscal year shall be merged with such transferred 
amounts: Provided further, That appropriations hereunder shall be 
available pursuant to law (7 U.S.C. 2250) for the repair and alteration 
of leased buildings and improvements, but unless otherwise provided the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building.
    In fiscal year 2019, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic 
and international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, 
or services provided to the entity by the agency, and such fees shall 
be reimbursed to this account, to remain available until expended, 
without further appropriation, for providing such assistance, goods, or 
services.

                        buildings and facilities

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses of the Agricultural Marketing Service, 
$153,095,000: Provided, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.
    Fees may be collected for the cost of standardization activities, 
as established by regulation pursuant to law (31 U.S.C. 9701).

                 limitation on administrative expenses

    Not to exceed $61,227,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: Provided, 
That if crop size is understated and/or other uncontrollable events 
occur, the agency may exceed this limitation by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, except for: 
(1) transfers to the Department of Commerce as authorized by the Fish 
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers 
otherwise provided in this Act; and (3) not more than $20,705,000 for 
formulation and administration of marketing agreements and orders 
pursuant to the Agricultural Marketing Agreement Act of 1937 and the 
Agricultural Act of 1961 (Public Law 87-128).

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,235,000.

        limitation on inspection and weighing services expenses

    Not to exceed $55,000,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, That if grain export activities require additional 
supervision and oversight, or other uncontrollable factors occur, this 
limitation may be exceeded by up to 10 percent with notification to the 
Committees on Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for 
Food Safety, $800,000: Provided, That funds made available by this Act 
to an agency in the Food Safety mission area for salaries and expenses 
are available to fund up to one administrative support staff for the 
Office.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $10,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $1,049,344,000; and in 
addition, $1,000,000 may be credited to this account from fees 
collected for the cost of laboratory accreditation as authorized by 
section 1327 of the Food, Agriculture, Conservation and Trade Act of 
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public 
Health Data Communication Infrastructure system shall remain available 
until expended: Provided further, That no fewer than 148 full-time 
equivalent positions shall be employed during fiscal year 2019 for 
purposes dedicated solely to inspections and enforcement related to the 
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided 
further, That this appropriation shall be available pursuant to law (7 
U.S.C. 2250) for the alteration and repair of buildings and 
improvements, but the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement 
value of the building.

                                TITLE II

               FARM PRODUCTION AND CONSERVATION PROGRAMS

   Office of the Under Secretary for Farm Production and Conservation

    For necessary expenses of the Office of the Under Secretary for 
Farm Production and Conservation, $901,000: Provided, That funds made 
available by this Act to an agency in the Farm Production and 
Conservation mission area for salaries and expenses are available to 
fund up to one administrative support staff for the Office.

            Farm Production and Conservation Business Center

                     (including transfers of funds)

    For necessary expenses of the Farm Production and Conservation 
Business Center, $115,402,000, to remain available until expended.

                          Farm Service Agency

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Farm Service Agency, $1,095,769,000: 
Provided, That not more than 50 percent of the $44,691,000 made 
available under this heading for information technology related to farm 
program delivery, including the Modernize and Innovate the Delivery of 
Agricultural Systems and other farm program delivery systems, may be 
obligated until the Secretary submits to the Committees on 
Appropriations of both Houses of Congress, and receives written or 
electronic notification of receipt from such Committees of, a plan for 
expenditure that (1) identifies for each project/investment over 
$25,000 (a) the functional and performance capabilities to be delivered 
and the mission benefits to be realized, (b) the estimated lifecycle 
cost, including estimates for development as well as maintenance and 
operations, and (c) key milestones to be met; (2) demonstrates that 
each project/investment is, (a) consistent with the Farm Service Agency 
Information Technology Roadmap, (b) being managed in accordance with 
applicable lifecycle management policies and guidance, and (c) subject 
to the applicable Department's capital planning and investment control 
requirements; and (3) has been reviewed by the Government 
Accountability Office and approved by the Committees on Appropriations 
of both Houses of Congress: Provided further, That the agency shall 
submit a report by the end of the fourth quarter of fiscal year 2018 to 
the Committees on Appropriations and the Government Accountability 
Office, that identifies for each project/investment that is operational 
(a) current performance against key indicators of customer 
satisfaction, (b) current performance of service level agreements or 
other technical metrics, (c) current performance against a pre-
established cost baseline, (d) a detailed breakdown of current and 
planned spending on operational enhancements or upgrades, and (e) an 
assessment of whether the investment continues to meet business needs 
as intended as well as alternatives to the investment: Provided 
further, That the Secretary is authorized to use the services, 
facilities, and authorities (but not the funds) of the Commodity Credit 
Corporation to make program payments for all programs administered by 
the Agency: Provided further, That other funds made available to the 
Agency for authorized activities may be advanced to and merged with 
this account: Provided further, That funds made available to county 
committees shall remain available until expended: Provided further, 
That none of the funds available to the Farm Service Agency shall be 
used to close Farm Service Agency county offices: Provided further, 
That none of the funds available to the Farm Service Agency shall be 
used to permanently relocate county based employees that would result 
in an office with two or fewer employees without prior notification and 
approval of the Committees on Appropriations of both Houses of 
Congress.

                         state mediation grants

    For grants pursuant to section 502(b) of the Agricultural Credit 
Act of 1987, as amended (7 U.S.C. 5101-5106), $3,228,000.

               grassroots source water protection program

    For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until 
expended.

                        dairy indemnity program

                     (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, such sums as may be necessary, to remain available 
until expended: Provided, That such program is carried out by the 
Secretary in the same manner as the dairy indemnity program described 
in the Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 
Stat. 1549A-12).

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), 
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans 
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), 
and Indian highly fractionated land loans (25 U.S.C. 488) to be 
available from funds in the Agricultural Credit Insurance Fund, as 
follows: $2,750,000,000 for guaranteed farm ownership loans and 
$1,500,000,000 for farm ownership direct loans; $1,960,000,000 for 
unsubsidized guaranteed operating loans and $1,530,000,000 for direct 
operating loans; emergency loans, $37,668,000; Indian tribe land 
acquisition loans, $20,000,000; guaranteed conservation loans, 
$150,000,000; Indian highly fractionated land loans, $10,000,000; and 
for boll weevil eradication program loans, $30,000,000: Provided, That 
the Secretary shall deem the pink bollworm to be a boll weevil for the 
purpose of boll weevil eradication program loans.
    For the cost of direct and guaranteed loans and grants, including 
the cost of modifying loans as defined in section 502 of the 
Congressional Budget Act of 1974, as follows: farm operating loans, 
$59,670,000 for direct operating loans, $21,168,000 for unsubsidized 
guaranteed operating loans, emergency loans, $1,567,000 and $2,134,000 
for Indian highly fractionated land loans to remain available until 
expended.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $328,268,000: Provided, That of 
this amount, $302,117,000 shall be transferred to and merged with the 
appropriation for ``Farm Service Agency, Salaries and Expenses'', of 
which $11,600,000 shall be available until September 30, 2020: Provided 
further, that of this amount $16,081,000 shall be transferred to and 
merged with the appropriation for ``Farm Production and Conservation 
Business Center, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership, operating and conservation direct 
loans and guaranteed loans may be transferred among these programs: 
Provided, That the Committees on Appropriations of both Houses of 
Congress are notified at least 15 days in advance of any transfer.

                         Risk Management Agency

                         salaries and expenses

    For necessary expenses of the Risk Management Agency, $75,419,000: 
Provided, That not to exceed $1,000 shall be available for official 
reception and representation expenses, as authorized by 7 U.S.C. 
1506(i).

                 Natural Resources Conservation Service

                        conservation operations

    For necessary expenses for carrying out the provisions of the Act 
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of 
conservation plans and establishment of measures to conserve soil and 
water (including farm irrigation and land drainage and such special 
measures for soil and water management as may be necessary to prevent 
floods and the siltation of reservoirs and to control agricultural 
related pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$890,293,000, to remain available until September 30, 2020: Provided, 
That appropriations hereunder shall be available pursuant to 7 U.S.C. 
2250 for construction and improvement of buildings and public 
improvements at plant materials centers, except that the cost of 
alterations and improvements to other buildings and other public 
improvements shall not exceed $250,000: Provided further, That when 
buildings or other structures are erected on non-Federal land, that the 
right to use such land is obtained as provided in 7 U.S.C. 2250a.

               watershed and flood prevention operations

    For necessary expenses to carry out preventive measures, including 
but not limited to surveys and investigations, engineering operations, 
works of improvement, and changes in use of land, in accordance with 
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 
and 1007-1009) and in accordance with the provisions of laws relating 
to the activities of the Department, $150,000,000, to remain available 
until expended: Provided, That for funds provided by this Act or any 
other prior Act, the limitation regarding the size of the watershed or 
subwatershed exceeding two hundred and fifty thousand acres in which 
such activities can be undertaken shall only apply for activities 
undertaken for the primary purpose of flood prevention (including 
structural and land treatment measures): Provided further, That of the 
amounts made available under this heading, $50,000,000 shall be 
allocated to projects and activities that can commence promptly 
following enactment; that address regional priorities for flood 
prevention, agricultural water management, inefficient irrigation 
systems, fish and wildlife habitat, or watershed protection; or that 
address authorized ongoing projects under the authorities of section 13 
of the Flood Control Act of December 22, 1944 (Public Law 78-534) with 
a primary purpose of watershed protection by preventing floodwater 
damage and stabilizing stream channels, tributaries, and banks to 
reduce erosion and sediment transport.

                    watershed rehabilitation program

    Under the authorities of section 14 of the Watershed Protection and 
Flood Prevention Act, $10,000,000 is provided: Provided, That of the 
amounts made available under this heading, $5,000,000 shall remain 
available until expended for watershed rehabilitation projects in 
states with high-hazard dams and other watershed structures and that 
have recently incurred flooding events which caused fatalities.

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, 
and to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses

                     (including transfers of funds)

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds 
available to the Commodity Credit Corporation under section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business.

                       hazardous waste management

                        (limitation on expenses)

    For the current fiscal year, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and cleanup 
expenses, and operations and maintenance expenses to comply with the 
requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

                           Rural Development

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of Rural Development programs, including activities with 
institutions concerning the development and operation of agricultural 
cooperatives; and for cooperative agreements; $236,835,000: Provided, 
That no less than $6,000,000 shall be for information technology 
investments:  Provided further, That notwithstanding any other 
provision of law, funds appropriated under this heading may be used for 
advertising and promotional activities that support Rural Development 
programs: Provided further, That in addition to any other funds 
appropriated for purposes authorized by section 502(i) of the Housing 
Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under such 
section, as amended by this Act, will immediately be credited to this 
account and will remain available until expended for such purposes.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, 
to be available from funds in the rural housing insurance fund, as 
follows: $1,000,000,000 shall be for direct loans and $24,000,000,000 
shall be for unsubsidized guaranteed loans; $28,000,000 for section 504 
housing repair loans; $40,000,000 for section 515 rental housing; 
$230,000,000 for section 538 guaranteed multi-family housing loans; 
$10,000,000 for credit sales of single family housing acquired 
property; $5,000,000 for section 523 self-help housing land development 
loans; and $5,000,000 for section 524 site development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $49,000,000 shall be for 
direct loans; section 504 housing repair loans, $3,418,000; section 523 
self-help housing land development loans, $430,500; section 524 site 
development loans, $175,500; and repair, rehabilitation, and new 
construction of section 515 rental housing, $9,484,000: Provided, That 
to support the loan program level for section 538 guaranteed loans made 
available under this heading the Secretary may charge or adjust any 
fees to cover the projected cost of such loan guarantees pursuant to 
the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), 
and the interest on such loans may not be subsidized:  Provided 
further, That applicants in communities that have a current rural area 
waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) 
shall be treated as living in a rural area for purposes of section 502 
guaranteed loans provided under this heading: Provided further, That of 
the amounts available under this paragraph for section 502 direct 
loans, no less than $5,000,000 shall be available for direct loans for 
individuals whose homes will be built pursuant to a program funded with 
a mutual and self-help housing grant authorized by section 523 of the 
Housing Act of 1949 until June 1, 2019: Provided further, That the 
Secretary shall implement provisions to provide incentives to nonprofit 
organizations and public housing authorities to facilitate the 
acquisition of Rural Housing Service (RHS) multifamily housing 
properties by such nonprofit organizations and public housing 
authorities that commit to keep such properties in the RHS multifamily 
housing program for a period of time as determined by the Secretary, 
with such incentives to include, but not be limited to, the following: 
allow such nonprofit entities and public housing authorities to earn a 
Return on Investment on their own resources to include proceeds from 
low income housing tax credit syndication, own contributions, grants, 
and developer loans at favorable rates and terms, invested in a deal; 
and allow reimbursement of organizational costs associated with owner's 
oversight of asset referred to as ``Asset Management Fee'' of up to 
$7,500 per property.
    In addition, for the cost of direct loans, grants, and contracts, 
as authorized by sections 514 and 516 of the Housing Act of 1949 (42 
U.S.C. 1484, 1486), $16,853,000, to remain available until expended, 
for direct farm labor housing loans and domestic farm labor housing 
grants and contracts: Provided, That any balances available for the 
Farm Labor Program Account shall be transferred to and merged with this 
account.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $412,254,000 shall be transferred 
to and merged with the appropriation for ``Rural Development, Salaries 
and Expenses''.

                       rental assistance program

    For rental assistance agreements entered into or renewed pursuant 
to the authority under section 521(a)(2) of the Housing Act of 1949 or 
agreements entered into in lieu of debt forgiveness or payments for 
eligible households as authorized by section 502(c)(5)(D) of the 
Housing Act of 1949, $1,331,400,000, of which $40,000,000 shall be 
available until September 30, 2020; and in addition such sums as may be 
necessary, as authorized by section 521(c) of the Act, to liquidate 
debt incurred prior to fiscal year 1992 to carry out the rental 
assistance program under section 521(a)(2) of the Act:  Provided, That 
rental assistance agreements entered into or renewed during the current 
fiscal year shall be funded for a one-year period:  Provided further, 
That any unexpended balances remaining at the end of such one-year 
agreements may be transferred and used for purposes of any debt 
reduction; maintenance, repair, or rehabilitation of any existing 
projects; preservation; and rental assistance activities authorized 
under title V of the Act:  Provided further, That rental assistance 
provided under agreements entered into prior to fiscal year 2019 for a 
farm labor multi-family housing project financed under section 514 or 
516 of the Act may not be recaptured for use in another project until 
such assistance has remained unused for a period of 12 consecutive 
months, if such project has a waiting list of tenants seeking such 
assistance or the project has rental assistance eligible tenants who 
are not receiving such assistance:  Provided further, That such 
recaptured rental assistance shall, to the extent practicable, be 
applied to another farm labor multi-family housing project financed 
under section 514 or 516 of the Act:  Provided further, That except as 
provided in the third proviso under this heading and notwithstanding 
any other provision of the Act, the Secretary may recapture rental 
assistance provided under agreements entered into prior to fiscal year 
2019 for a project that the Secretary determines no longer needs rental 
assistance and use such recaptured funds for current needs.

          multi-family housing revitalization program account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, and for additional costs to conduct a demonstration 
program for the preservation and revitalization of multi-family rental 
housing properties described in this paragraph, $53,000,000, to remain 
available until expended:  Provided, That of the funds made available 
under this heading, $28,000,000, shall be available for rural housing 
vouchers to any low-income household (including those not receiving 
rental assistance) residing in a property financed with a section 515 
loan which has been prepaid after September 30, 2005:  Provided 
further, That the amount of such voucher shall be the difference 
between comparable market rent for the section 515 unit and the tenant 
paid rent for such unit:  Provided further, That funds made available 
for such vouchers shall be subject to the availability of annual 
appropriations:  Provided further, That the Secretary shall, to the 
maximum extent practicable, administer such vouchers with current 
regulations and administrative guidance applicable to section 8 housing 
vouchers administered by the Secretary of the Department of Housing and 
Urban Development:  Provided further, That if the Secretary determines 
that the amount made available for vouchers in this or any other Act is 
not needed for vouchers, the Secretary may use such funds for the 
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph:  Provided 
further, That of the funds made available under this heading, 
$25,000,000 shall be available for a demonstration program for the 
preservation and revitalization of the sections 514, 515, and 516 
multi-family rental housing properties to restructure existing USDA 
multi-family housing loans, as the Secretary deems appropriate, 
expressly for the purposes of ensuring the project has sufficient 
resources to preserve the project for the purpose of providing safe and 
affordable housing for low-income residents and farm laborers including 
reducing or eliminating interest; deferring loan payments, 
subordinating, reducing or reamortizing loan debt; and other financial 
assistance including advances, payments and incentives (including the 
ability of owners to obtain reasonable returns on investment) required 
by the Secretary:  Provided further, That the Secretary shall as part 
of the preservation and revitalization agreement obtain a restrictive 
use agreement consistent with the terms of the restructuring:  Provided 
further, That if the Secretary determines that additional funds for 
vouchers described in this paragraph are needed, funds for the 
preservation and revitalization demonstration program may be used for 
such vouchers:  Provided further, That if Congress enacts legislation 
to permanently authorize a multi-family rental housing loan 
restructuring program similar to the demonstration program described 
herein, the Secretary may use funds made available for the 
demonstration program under this heading to carry out such legislation 
with the prior approval of the Committees on Appropriations of both 
Houses of Congress:  Provided further, That in addition to any other 
available funds, the Secretary may expend not more than $1,000,000 
total, from the program funds made available under this heading, for 
administrative expenses for activities funded under this heading.

                  mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available 
until expended.

                    rural housing assistance grants

    For grants for very low-income housing repair and rural housing 
preservation made by the Rural Housing Service, as authorized by 42 
U.S.C. 1474, and 1490m, $45,000,000, to remain available until 
expended.

               rural community facilities program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by section 306 and described in section 
381E(d)(1) of the Consolidated Farm and Rural Development Act, 
$2,800,000,000 for direct loans and $200,000,000 for guaranteed loans.
    For the cost of grants for rural community facilities programs as 
authorized by section 306 and described in section 381E(d)(1) of the 
Consolidated Farm and Rural Development Act, $43,778,000, to remain 
available until expended: Provided, That $4,000,000 of the amount 
appropriated under this heading shall be available for a Rural 
Community Development Initiative: Provided further, That such funds 
shall be used solely to develop the capacity and ability of private, 
nonprofit community-based housing and community development 
organizations, low-income rural communities, and Federally Recognized 
Native American Tribes to undertake projects to improve housing, 
community facilities, community and economic development projects in 
rural areas: Provided further, That such funds shall be made available 
to qualified private, nonprofit and public intermediary organizations 
proposing to carry out a program of financial and technical assistance: 
Provided further, That such intermediary organizations shall provide 
matching funds from other sources, including Federal funds for related 
activities, in an amount not less than funds provided: Provided 
further, That $5,778,000 of the amount appropriated under this heading 
shall be to provide grants for facilities in rural communities with 
extreme unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity building in 
the State rural development offices: Provided further, That $4,000,000 
of the amount appropriated under this heading shall be available for 
community facilities grants to tribal colleges, as authorized by 
section 306(a)(19) of such Act: Provided further, That sections 381E-H 
and 381N of the Consolidated Farm and Rural Development Act are not 
applicable to the funds made available under this heading.

                  Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

    For the cost of loan guarantees and grants, for the rural business 
development programs authorized by section 310B and described in 
subsections (a), (c), (f) and (g) of section 310B of the Consolidated 
Farm and Rural Development Act, $67,215,000, to remain available until 
expended: Provided, That of the amount appropriated under this heading, 
not to exceed $500,000 shall be made available for one grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development and 
$5,000,000 shall be for grants to the Delta Regional Authority (7 
U.S.C. 2009aa et seq.) and the Appalachian Regional Commission (40 
U.S.C. 14101 et seq.) for any Rural Community Advancement Program 
purpose as described in section 381E(d) of the Consolidated Farm and 
Rural Development Act, of which not more than 5 percent may be used for 
administrative expenses: Provided further, That $4,000,000 of the 
amount appropriated under this heading shall be for business grants to 
benefit Federally Recognized Native American Tribes, including $250,000 
for a grant to a qualified national organization to provide technical 
assistance for rural transportation in order to promote economic 
development: Provided further, That sections 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to funds 
made available under this heading.

              intermediary relending program fund account

                     (including transfer of funds)

    For the principal amount of direct loans, as authorized by the 
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), 
$20,000,000.
    For the cost of direct loans, $4,402,000, as authorized by the 
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which 
$557,000 shall be available through June 30, 2019, for Federally 
Recognized Native American Tribes. Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,468,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.

            rural economic development loans program account

                    (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$50,000,000.
    Of the funds derived from the interest on the cushion of credit 
payments, as authorized by section 313 of the Rural Electrification Act 
of 1936, $50,000,000 shall not be obligated and $50,000,000 are 
rescinded.
    The cost of grants authorized under section 313 of the Rural 
Electrification Act, for the purpose of promoting rural economic 
development and job creation projects shall not exceed $10,000,000.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $27,550,000, of which $2,750,000 shall be for cooperative 
agreements for the appropriate technology transfer for rural areas 
program: Provided, That not to exceed $3,000,000 shall be for grants 
for cooperative development centers, individual cooperatives, or groups 
of cooperatives that serve socially disadvantaged groups and a majority 
of the boards of directors or governing boards of which are comprised 
of individuals who are members of socially disadvantaged groups; and of 
which $16,000,000, to remain available until expended, shall be for 
value-added agricultural product market development grants, as 
authorized by section 231 of the Agricultural Risk Protection Act of 
2000 (7 U.S.C. 1632a), of which up to $1,000,000 may be for Agriculture 
Innovation Centers authorized pursuant to section 6402 of Public Law 
107-171.

                    rural energy for america program

    For the cost of a program of loan guarantees, under the same terms 
and conditions as authorized by section 9007 of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8107), $334,500:  Provided, That 
the cost of loan guarantees, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974.

                        Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B 
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $637,690,000, to remain 
available until expended, of which not to exceed $1,000,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $1,500,000 shall 
be available for the rural utilities program described in section 306E 
of such Act: Provided, That not to exceed $15,000,000 of the amount 
appropriated under this heading shall be for grants authorized by 
section 306A(i)(2) of the Consolidated Farm and Rural Development Act 
in addition to funding authorized by section 306A(i)(1) of such Act: 
Provided further, That $65,000,000 of the amount appropriated under 
this heading shall be for loans and grants including water and waste 
disposal systems grants authorized by section 306C(a)(2)(B) and section 
306D of the Consolidated Farm and Rural Development Act, and Federally 
Recognized Native American Tribes authorized by 306C(a)(1) of such Act: 
Provided further, That funding provided for section 306D of the 
Consolidated Farm and Rural Development Act may be provided to a 
consortium formed pursuant to section 325 of Public Law 105-83: 
Provided further, That not more than 2 percent of the funding provided 
for section 306D of the Consolidated Farm and Rural Development Act may 
be used by the State of Alaska for training and technical assistance 
programs and not more than 2 percent of the funding provided for 
section 306D of the Consolidated Farm and Rural Development Act may be 
used by a consortium formed pursuant to section 325 of Public Law 105-
83 for training and technical assistance programs: Provided further, 
That not to exceed $22,000,000 of the amount appropriated under this 
heading shall be for technical assistance grants for rural water and 
waste systems pursuant to section 306(a)(14) of such Act, unless the 
Secretary makes a determination of extreme need, of which $8,000,000 
shall be made available for a grant to a qualified nonprofit multi-
State regional technical assistance organization, with experience in 
working with small communities on water and waste water problems, the 
principal purpose of such grant shall be to assist rural communities 
with populations of 3,300 or less, in improving the planning, 
financing, development, operation, and management of water and waste 
water systems, and of which not less than $800,000 shall be for a 
qualified national Native American organization to provide technical 
assistance for rural water systems for tribal communities: Provided 
further, That not to exceed $19,000,000 of the amount appropriated 
under this heading shall be for contracting with qualified national 
organizations for a circuit rider program to provide technical 
assistance for rural water systems: Provided further, That not to 
exceed $4,000,000 shall be for solid waste management grants: Provided 
further, That $10,000,000 of the amount appropriated under this heading 
shall be transferred to, and merged with, the Rural Utilities Service, 
High Energy Cost Grants Account to provide grants authorized under 
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): 
Provided further, That any prior year balances for high-energy cost 
grants authorized by section 19 of the Rural Electrification Act of 
1936 (7 U.S.C. 918a) shall be transferred to and merged with the Rural 
Utilities Service, High Energy Cost Grants Account: Provided further, 
That sections 381E-H and 381N of the Consolidated Farm and Rural 
Development Act are not applicable to the funds made available under 
this heading.

   rural electrification and telecommunications loans program account

                     (including transfer of funds)

    The principal amount of direct and guaranteed loans as authorized 
by sections 305, 306, and 317 of the Rural Electrification Act of 1936 
(7 U.S.C. 935, 936, and 940g) shall be made as follows: loans made 
pursuant to sections 305, 306, and 317, notwithstanding 317(c), of that 
Act, rural electric, $5,500,000,000; guaranteed underwriting loans 
pursuant to section 313A, $750,000,000; 5 percent rural 
telecommunications loans, cost of money rural telecommunications loans, 
and for loans made pursuant to section 306 of that Act, rural 
telecommunications loans, $690,000,000: Provided, That up to 
$2,000,000,000 shall be used for the construction, acquisition, or 
improvement of fossil-fueled electric generating plants (whether new or 
existing) that utilize carbon sequestration systems.
    For the cost of direct loans as authorized by section 305 of the 
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, cost of money rural telecommunications loans, $1,125,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $33,270,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

         distance learning, telemedicine, and broadband program

    For the principal amount of broadband telecommunication loans, 
$29,851,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $35,000,000, to remain 
available until expended: Provided, That $3,000,000 shall be made 
available for grants authorized by 379G of the Consolidated Farm and 
Rural Development Act: Provided further, That funding provided under 
this heading for grants under 379G of the Consolidated Farm and Rural 
Development Act may only be provided to entities that meet all of the 
eligibility criteria for a consortium as established by this section.
    For the cost of broadband loans, as authorized by section 601 of 
the Rural Electrification Act, $5,829,900, to remain available until 
expended:  Provided, That the cost of direct loans shall be as defined 
in section 502 of the Congressional Budget Act of 1974.
    In addition, $30,000,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

    Office of the Under Secretary for Food, Nutrition, and Consumer 
                                Services

    For necessary expenses of the Office of the Under Secretary for 
Food, Nutrition, and Consumer Services, $800,000: Provided, That funds 
made available by this Act to an agency in the Food, Nutrition, and 
Consumer Services mission area for salaries and expenses are available 
to fund up to one administrative support staff for the Office.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    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; $23,183,512,000 to remain available through September 30, 
2020, 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, $17,004,000 shall be 
available to carry out section 19 of the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.):  Provided further, That of the total amount 
available, $30,000,000 shall be available to provide competitive grants 
to State agencies for subgrants to local educational agencies and 
schools to purchase the equipment, with a value of greater than $1,000, 
needed to serve healthier meals, improve food safety, and to help 
support the establishment, maintenance, or expansion of the school 
breakfast program: Provided further, That of the total amount 
available, $28,000,000 shall remain available until expended to carry 
out section 749(g) of the Agriculture Appropriations Act of 2010 
(Public Law 111-80): Provided further, That section 26(d) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is 
amended in the first sentence by striking ``2010 through 2018'' and 
inserting ``2010 through 2019'': Provided further, That section 9(h)(3) 
of the Richard B. Russell National School Lunch Act (42 U.S.C. 
1758(h)(3)) is amended in the first sentence by striking ``For fiscal 
year 2018'' and inserting ``For fiscal year 2019'': Provided further, 
That section 9(h)(4) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(h)(4)) is amended in the first sentence by striking 
``For fiscal year 2018'' and inserting ``For fiscal year 2019''.

special supplemental nutrition program for women, infants, and children 
                                 (wic)

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available 
through September 30, 2020: Provided, That notwithstanding section 
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), 
not less than $60,000,000 shall be used for breastfeeding peer 
counselors and other related activities, and $14,000,000 shall be used 
for infrastructure: Provided further, That none of the funds provided 
in this account shall be available for the purchase of infant formula 
except in accordance with the cost containment and competitive bidding 
requirements specified in section 17 of such Act: Provided further, 
That none of the funds provided shall be available for activities that 
are not fully reimbursed by other Federal Government departments or 
agencies unless authorized by section 17 of such Act: Provided further, 
That upon termination of a federally mandated vendor moratorium and 
subject to terms and conditions established by the Secretary, the 
Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the 
request of a State agency.

               supplemental nutrition assistance program

    For necessary expenses to carry out the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.), $73,219,274,000, of which $3,000,000,000, 
to remain available through December 31, 2020, shall be placed in 
reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations: Provided, That funds 
provided herein shall be expended in accordance with section 16 of the 
Food and Nutrition Act of 2008: Provided further, That of the funds 
made available under this heading, $998,000 may be used to provide 
nutrition education services to State agencies and Federally Recognized 
Tribes participating in the Food Distribution Program on Indian 
Reservations: Provided further, That this appropriation shall be 
subject to any work registration or workfare requirements as may be 
required by law: Provided further, That funds made available for 
Employment and Training under this heading shall remain available 
through September 30, 2020: Provided further, That funds made available 
under this heading for section 28(d)(1), section 4(b), and section 
27(a) of the Food and Nutrition Act of 2008 shall remain available 
through September 30, 2020:  Provided further, That none of the funds 
made available under this heading may be obligated or expended in 
contravention of section 213A of the Immigration and Nationality Act (8 
U.S.C. 1183A): Provided further, That, subject to section 737 of this 
Act, funds made available under this heading may be used to enter into 
contracts and employ staff to conduct studies, evaluations, or to 
conduct activities related to program integrity provided that such 
activities are authorized by the Food and Nutrition Act of 2008.

                      commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of 
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c 
note); the Emergency Food Assistance Act of 1983; special assistance 
for the nuclear affected islands, as authorized by section 103(f)(2) of 
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by 
section 17(m) of the Child Nutrition Act of 1966, $306,910,000, to 
remain available through September 30, 2020: Provided, That none of 
these funds shall be available to reimburse the Commodity Credit 
Corporation for commodities donated to the program: Provided further, 
That notwithstanding any other provision of law, effective with funds 
made available in fiscal year 2019 to support the Seniors Farmers' 
Market Nutrition Program, as authorized by section 4402 of the Farm 
Security and Rural Investment Act of 2002, such funds shall remain 
available through September 30, 2020: Provided further, That of the 
funds made available under section 27(a) of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 15 percent for 
costs associated with the distribution of commodities.

                   nutrition programs administration

    For necessary administrative expenses of the Food and Nutrition 
Service for carrying out any domestic nutrition assistance program, 
$162,838,000, of which $12,297,000 shall remain available through 
September 30, 2021, for the development and dissemination of the 
Dietary Guidelines for Americans: Provided, That of the funds provided 
herein, $2,000,000 shall be used for the purposes of section 4404 of 
Public Law 107-171, as amended by section 4401 of Public Law 110-246.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

   Office of the Under Secretary for Trade and Foreign Agricultural 
                                Affairs

    For necessary expenses of the Office of the Under Secretary for 
Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds 
made available by this Act to any agency in the Trade and Foreign 
Agricultural Affairs mission area for salaries and expenses are 
available to fund up to one administrative support staff for the 
Office.

                      office of codex alimentarius

    For necessary expenses of the Office of Codex Alimentarius, 
$3,796,000 including not to exceed $40,000 for official reception and 
representation expenses.

                      Foreign Agricultural Service

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including not to exceed $250,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 1956 (7 
U.S.C. 1766), $204,138,000, for overseas operations to include the 
payment of locally employed staff: Provided, That the Service may 
utilize advances of funds, or reimburse this appropriation for 
expenditures made on behalf of Federal agencies, public and private 
organizations and institutions under agreements executed pursuant to 
the agricultural food production assistance programs (7 U.S.C. 1737) 
and the foreign assistance programs of the United States Agency for 
International Development: Provided further, That funds made available 
for middle-income country training programs, funds made available for 
the Borlaug International Agricultural Science and Technology 
Fellowship program, and up to $2,000,000 of the Foreign Agricultural 
Service appropriation solely for the purpose of offsetting fluctuations 
in international currency exchange rates, subject to documentation by 
the Foreign Agricultural Service, shall remain available until 
expended.

  food for peace title i direct credit and food for progress program 
                                account

                     (including transfer of funds)

    For administrative expenses to carry out the credit program of 
title I, Food for Peace Act (Public Law 83-480) and the Food for 
Progress Act of 1985, $142,000, shall be transferred to and merged with 
the appropriation for ``Farm Service Agency, Salaries and Expenses''.

                     food for peace title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Food for Peace Act (Public Law 83-480), for 
commodities supplied in connection with dispositions abroad under title 
II of said Act, $1,500,000,000, to remain available until expended: 
Provided, That the Administrator of the United States Agency for 
International Development shall in each instance notify in writing the 
Committees on Appropriations of both Houses of Congress, the Committee 
on Agriculture of the House, the Committee on Foreign Relations of the 
Senate, the Committee on Foreign Affairs of the House, and the 
Committee on Agriculture, Nutrition, and Forestry of the Senate and 
make publicly available online the amount and use of authority in 
section 202(a) of the Food for Peace Act (7 U.S.C. 1722(a)) to 
notwithstand the minimum level of nonemergency assistance required by 
section 412(e)(2) of the Food for Peace Act (7 U.S.C. 1736f(e)(2)) not 
later than 15 days after the date of such action.

  mcgovern-dole international food for education and child nutrition 
                             program grants

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $207,626,000, to remain available until expended, of which 
$1,000,000 is for the use of recently developed potable water 
technologies in school feeding projects: Provided, That the Commodity 
Credit Corporation is authorized to provide the services, facilities, 
and authorities for the purpose of implementing such section, subject 
to reimbursement from amounts provided herein.

 commodity credit corporation export (loans) credit guarantee program 
                                account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's Export Guarantee Program, GSM 102 and GSM 103, 
$9,180,000; to cover common overhead expenses as permitted by section 
11 of the Commodity Credit Corporation Charter Act and in conformity 
with the Federal Credit Reform Act of 1990, of which $6,717,000 shall 
be transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $2,463,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                Department of Health and Human Services

                      food and drug administration

                         salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; in addition to amounts appropriated 
to the FDA Innovation Account, for carrying out the activities 
described in section 1002(b)(4) of the 21st Century Cures Act (Public 
Law 114-255); for miscellaneous and emergency expenses of enforcement 
activities, authorized and approved by the Secretary and to be 
accounted for solely on the Secretary's certificate, not to exceed 
$25,000; and notwithstanding section 521 of Public Law 107-188; 
$5,568,010,000: Provided, That of the amount provided under this 
heading, $960,568,000 shall be derived from prescription drug user fees 
authorized by 21 U.S.C. 379h, and shall be credited to this account and 
remain available until expended; $196,668,000 shall be derived from 
medical device user fees authorized by 21 U.S.C. 379j, and shall be 
credited to this account and remain available until expended; 
$501,396,000 shall be derived from human generic drug user fees 
authorized by 21 U.S.C. 379j-42, and shall be credited to this account 
and remain available until expended; $40,922,000 shall be derived from 
biosimilar biological product user fees authorized by 21 U.S.C. 379j-
52, and shall be credited to this account and remain available until 
expended; $30,331,000 shall be derived from animal drug user fees 
authorized by 21 U.S.C. 379j-12, and shall be credited to this account 
and remain available until expended; $18,336,000 shall be derived from 
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and 
shall be credited to this account and remain available until expended; 
$712,000,000 shall be derived from tobacco product user fees authorized 
by 21 U.S.C. 387s, and shall be credited to this account and remain 
available until expended: Provided further, That in addition to and 
notwithstanding any other provision under this heading, amounts 
collected for prescription drug user fees, medical device user fees, 
human generic drug user fees, biosimilar biological product user fees, 
animal drug user fees, and generic new animal drug user fees that 
exceed the respective fiscal year 2019 limitations are appropriated and 
shall be credited to this account and remain available until expended: 
Provided further, That fees derived from prescription drug, medical 
device, human generic drug, biosimilar biological product, animal drug, 
and generic new animal drug assessments for fiscal year 2019, including 
any such fees collected prior to fiscal year 2019 but credited for 
fiscal year 2019, shall be subject to the fiscal year 2019 limitations: 
Provided further, That the Secretary may accept payment during fiscal 
year 2019 of user fees specified under this heading and authorized for 
fiscal year 2020, prior to the due date for such fees, and that amounts 
of such fees assessed for fiscal year 2020 for which the Secretary 
accepts payment in fiscal year 2019 shall not be included in amounts 
under this heading: 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: (1) $1,039,675,000 shall be for the Center for 
Food Safety and Applied Nutrition and related field activities in the 
Office of Regulatory Affairs; (2) $1,839,411,000 shall be for the 
Center for Drug Evaluation and Research and related field activities in 
the Office of Regulatory Affairs; (3) $389,731,000 shall be for the 
Center for Biologics Evaluation and Research and for related field 
activities in the Office of Regulatory Affairs; (4) $220,397,000 shall 
be for the Center for Veterinary Medicine and for related field 
activities in the Office of Regulatory Affairs; (5) $564,905,000 shall 
be for the Center for Devices and Radiological Health and for related 
field activities in the Office of Regulatory Affairs; (6) $65,331,000 
shall be for the National Center for Toxicological Research; (7) 
$662,043,000 shall be for the Center for Tobacco Products and for 
related field activities in the Office of Regulatory Affairs; (8) not 
to exceed $195,933,000 shall be for Rent and Related activities, of 
which $57,373,000 is for White Oak Consolidation, other than the 
amounts paid to the General Services Administration for rent; (9) not 
to exceed $239,716,000 shall be for payments to the General Services 
Administration for rent; and (10) $350,868,000 shall be for other 
activities, including the Office of the Commissioner of Food and Drugs, 
the Office of Foods and Veterinary Medicine, the Office of Medical and 
Tobacco Products, the Office of Global and Regulatory Policy, the 
Office of Operations, the Office of the Chief Scientist, and central 
services for these offices: Provided further, That not to exceed 
$25,000 of this amount shall be for official reception and 
representation expenses, not otherwise provided for, as determined by 
the Commissioner: Provided further, That any transfer of funds pursuant 
to section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 379dd(n)) shall only be from amounts made available under this 
heading for other activities: Provided further, That of the amounts 
that are made available under this heading for ``other activities'', 
and that are not derived from user fees, $1,500,000 shall be 
transferred to and merged with the appropriation for ``Department of 
Health and Human Services--Office of Inspector General'' for oversight 
of the programs and operations of the Food and Drug Administration and 
shall be in addition to funds otherwise made available for oversight of 
the Food and Drug Administration: Provided further, That of the total 
amount made available under this heading, $3,000,000 shall be used by 
the Commissioner of Food and Drugs, in coordination with the Secretary 
of Agriculture, for consumer outreach and education regarding 
agricultural biotechnology and biotechnology-derived food products and 
animal feed, including through publication and distribution of science-
based educational information on the environmental, nutritional, food 
safety, economic, and humanitarian impacts of such biotechnology, food 
products, and feed: Provided further, That $50,000,000 of the amount 
allocated to the Center for Tobacco Products from tobacco product user 
fees authorized by section 919 of the Federal Food, Drug, and Cosmetic 
Act in fiscal years 2019, 2020, 2021, and 2022, shall be used by the 
Secretary to develop, establish, and operate a Youth Vapor Product 
Education, Prevention, and Enforcement Program, to include consumer 
outreach and education targeted to the use of vapor products by minors, 
optional grants to school systems, nonprofit public health entities, 
and other qualifying entities for programs and initiatives aimed at 
youth vapor product and tobacco product prevention, and enforcement of 
provisions of the Federal Food, Drug, and Cosmetic Act relating to 
youth access to vapor products: 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.
    In addition, mammography user fees authorized by 42 U.S.C. 263b, 
export certification user fees authorized by 21 U.S.C. 381, priority 
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed 
recall fees, food reinspection fees, and voluntary qualified importer 
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees 
authorized by 21 U.S.C. 379j-62, prescription drug wholesale 
distributor licensing and inspection fees authorized by 21 U.S.C. 
353(e)(3), third-party logistics provider licensing and inspection fees 
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees 
authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority 
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, shall be 
credited to this account, to remain available until expended.

                        buildings and facilities

    For plans, construction, repair, improvement, extension, 
alteration, demolition, and purchase of fixed equipment or facilities 
of or used by the Food and Drug Administration, where not otherwise 
provided, $11,788,000, to remain available until expended.

                   fda innovation account, cures act

    For necessary expenses to carry out the purposes described under 
section 1002(b)(4) of the 21st Century Cures Act, in addition to 
amounts available for such purposes under the heading ``Salaries and 
Expenses'', $70,000,000, to remain available until expended: Provided, 
That amounts appropriated in this paragraph are appropriated pursuant 
to section 1002(b)(3) of the 21st Century Cures Act, are to be derived 
from amounts transferred under section 1002(b)(2)(A) of such Act, and 
may be transferred by the Commissioner of Food and Drugs to the 
appropriation for ``Department of Health and Human Services Food and 
Drug Administration Salaries and Expenses'' solely for the purposes 
provided in such Act: Provided further, That upon a determination by 
the Commissioner that funds transferred pursuant to the previous 
proviso are not necessary for the purposes provided, such amounts may 
be transferred back to the account: Provided further, That such 
transfer authority is in addition to any other transfer authority 
provided by law.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases), in the District of Columbia and elsewhere, $255,000,000, 
including not to exceed $3,000 for official reception and 
representation expenses, and not to exceed $25,000 for the expenses for 
consultations and meetings hosted by the Commission with foreign 
governmental and other regulatory officials, of which not less than 
$50,000,000, to remain available until September 30, 2020, shall be for 
the purchase of information technology and of which not less than 
$3,000,000 shall be for expenses of the Office of the Inspector 
General: Provided, That notwithstanding the limitations in 31 U.S.C. 
1553, amounts provided under this heading are available for the 
liquidation of obligations equal to current year payments on leases 
entered into prior to the date of enactment of this Act: Provided 
further, That for the purpose of recording and liquidating any lease 
obligations that should have been recorded and liquidated against 
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the 
preceding proviso, such amounts shall be transferred to and recorded in 
a no-year account in the Treasury, which has been established for the 
sole purpose of recording adjustments for and liquidating such unpaid 
obligations: Provided further, That if any furlough or reduction-in-
force of personnel at the Commission occurs as a result of an action 
under 5 U.S.C. 7119, the Commission shall submit a report to the 
Committees on Appropriations of the House of Representatives and the 
Senate no later than 30 days after the furlough or reduction-in-force 
occurs detailing the agency's reasoning for conducting a furlough or 
reduction-in-force: Provided further, That in the report the Commission 
shall explain why the furlough or reduction-in-force was the only 
reasonable course of action in response to an action taken under 5 
U.S.C. 7119: Provided further, That after the conclusion of any 
furlough or reduction-in-force of the Commission in response to an 
action taken under 5 U.S.C. 7119, the Comptroller General shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a report that describes (1) the long-term cost of any 
pay increases the Commission must make in response to an action taken 
under 5 U.S.C. 7119; and (2) the operational impact of the furlough or 
reduction-in-force.

                       Farm Credit Administration

                 limitation on administrative expenses

    Not to exceed $74,600,000 (from assessments collected from farm 
credit institutions, including the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships: Provided further, That the agency may exceed this 
limitation by up to 10 percent with notification to the Committees on 
Appropriations of both Houses of Congress.

                               TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

    Sec. 701.  Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically provided 
for, of not to exceed 71 passenger motor vehicles of which 68 shall be 
for replacement only, and for the hire of such vehicles: Provided, That 
notwithstanding this section, the only purchase of new passenger 
vehicles shall be for those determined by the Secretary to be necessary 
for transportation safety, to reduce operational costs, and for the 
protection of life, property, and public safety.
    Sec. 702.  Notwithstanding any other provision of this Act, the 
Secretary of Agriculture may transfer unobligated balances of 
discretionary funds appropriated by this Act or any other available 
unobligated discretionary balances that are remaining available of the 
Department of Agriculture to the Working Capital Fund for the 
acquisition of plant and capital equipment necessary for the delivery 
of financial, administrative, and information technology services of 
primary benefit to the agencies of the Department of Agriculture, such 
transferred funds to remain available until expended: Provided, That 
none of the funds made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior approval of 
the agency administrator: Provided further, That none of the funds 
transferred to the Working Capital Fund pursuant to this section shall 
be available for obligation without written notification to and the 
prior approval of the Committees on Appropriations of both Houses of 
Congress: Provided further, That none of the funds appropriated by this 
Act or made available to the Department's Working Capital Fund shall be 
available for obligation or expenditure to make any changes to the 
Department's National Finance Center without written notification to 
and prior approval of the Committees on Appropriations of both Houses 
of Congress as required by section 717 of this Act: Provided further, 
That none of the funds appropriated by this Act or made available to 
the Department's Working Capital Fund shall be available for obligation 
or expenditure to initiate, plan, develop, implement, or make any 
changes to remove or relocate any systems, missions, or functions of 
the offices of the Chief Financial Officer or any personnel from the 
National Finance Center prior to written notification to and prior 
approval of the Committee on Appropriations of both Houses of Congress 
and in accordance with the requirements of section 717 of this Act: 
Provided further, That the Secretary of Agriculture and the offices of 
the Chief Financial Officer shall actively market to existing and new 
Departments and other government agencies National Finance Center 
shared services including, but not limited to, payroll, financial 
management, and human capital shared services and allow the National 
Finance Center to perform technology upgrades: Provided further, That 
of annual income amounts in the Working Capital Fund of the Department 
of Agriculture attributable to the amounts in excess of the true costs 
of the shared services provided by the National Finance Center and 
budgeted for the National Finance Center, the Secretary shall reserve 
not more than 4 percent for the replacement or acquisition of capital 
equipment, including equipment for the improvement, delivery, and 
implementation of financial, administrative, and information technology 
services, and other systems of the National Finance Center or to pay 
any unforeseen, extraordinary cost of the National Finance Center: 
Provided further, That none of the amounts reserved shall be available 
for obligation unless the Secretary submits written notification of the 
obligation to the Committees on Appropriations of both Houses of 
Congress: Provided further, That the limitations on the obligation of 
funds pending notification to Congressional Committees shall not apply 
to any obligation that, as determined by the Secretary, is necessary to 
respond to a declared state of emergency that significantly impacts the 
operations of the National Finance Center; or to evacuate employees of 
the National Finance Center to a safe haven to continue operations of 
the National Finance Center.
    Sec. 703.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 704.  No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is 
to carry out programs of mutual interest between the two parties. This 
does not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 705.  Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current 
fiscal year shall remain available until expended to disburse 
obligations made in the current fiscal year for the following accounts: 
the Rural Development Loan Fund program account, the Rural 
Electrification and Telecommunication Loans program account, and the 
Rural Housing Insurance Fund program account.
    Sec. 706.  None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of the 
Chief Information Officer without written notification to and the prior 
approval of the Committees on Appropriations of both Houses of 
Congress: Provided further, That, notwithstanding section 11319 of 
title 40, United States Code, none of the funds available to the 
Department of Agriculture for information technology shall be obligated 
for projects, contracts, or other agreements over $25,000 prior to 
receipt of written approval by the Chief Information Officer: Provided 
further, That the Chief Information Officer may authorize an agency to 
obligate funds without written approval from the Chief Information 
Officer for projects, contracts, or other agreements up to $250,000 
based upon the performance of an agency measured against the 
performance plan requirements described in the explanatory statement 
accompanying Public Law 113-235.
    Sec. 707.  Funds made available under section 524(b) of the Federal 
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall 
remain available until expended to disburse obligations made in the 
current fiscal year.
    Sec. 708.  Notwithstanding any other provision of law, any former 
RUS borrower that has repaid or prepaid an insured, direct or 
guaranteed loan under the Rural Electrification Act of 1936, or any 
not-for-profit utility that is eligible to receive an insured or direct 
loan under such Act, shall be eligible for assistance under section 
313(b)(2)(B) of such Act in the same manner as a borrower under such 
Act.
    Sec. 709.  Except as otherwise specifically provided by law, not 
more than $20,000,000 in unobligated balances from appropriations made 
available for salaries and expenses in this Act for the Farm Service 
Agency shall remain available through September 30, 2020, for 
information technology expenses: Provided, That except as otherwise 
specifically provided by law, unobligated balances from appropriations 
made available for salaries and expenses in this Act for the Rural 
Development mission area shall remain available through September 30, 
2020, for information technology expenses.
    Sec. 710.  None of the funds appropriated or otherwise made 
available by this Act may be used for first-class travel by the 
employees of agencies funded by this Act in contravention of sections 
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
    Sec. 711.  In the case of each program established or amended by 
the Agricultural Act of 2014 (Public Law 113-79), 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. 712.  Of the funds made available by this Act, not more than 
$2,900,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task 
forces of the Department of Agriculture, except for panels used to 
comply with negotiated rule makings and panels used to evaluate 
competitively awarded grants.
    Sec. 713.  None of the funds in this Act shall be available to pay 
indirect costs charged against any agricultural research, education, or 
extension grant awards issued by the National Institute of Food and 
Agriculture that exceed 30 percent of total Federal funds provided 
under each award: Provided, That notwithstanding section 1462 of the 
National Agricultural Research, Extension, and Teaching Policy Act of 
1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded 
competitively by the National Institute of Food and Agriculture shall 
be available to pay full allowable indirect costs for each grant 
awarded under section 9 of the Small Business Act (15 U.S.C. 638).
    Sec. 714. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 715.  Notwithstanding subsection (b) of section 14222 of 
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as 
``section 14222''), none of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries 
and expenses of personnel to carry out a program under section 32 of 
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to 
as ``section 32'') in excess of $1,299,600,000 (exclusive of carryover 
appropriations from prior fiscal years), as follows: Child Nutrition 
Programs Entitlement Commodities--$485,000,000; State Option 
Contracts--$5,000,000; Removal of Defective Commodities--$2,500,000; 
Administration of Section 32 Commodity Purchases--$35,853,000: 
Provided, That of the total funds made available in the matter 
preceding this proviso that remain unobligated on October 1, 2019, such 
unobligated balances shall carryover into fiscal year 2020 and shall 
remain available until expended for any of the three stated purposes of 
section 32, except that any such carryover funds used in accordance 
with clause (3) of section 32 may not exceed $350,000,000 and may not 
be obligated until the Secretary of Agriculture provides written 
notification of the expenditures to the Committees on Appropriations of 
both Houses of Congress at least two weeks in advance: Provided 
further, That, with the exception of any available carryover funds 
authorized in any prior appropriations Act to be used for the purposes 
of clause (3) of section 32, none of the funds appropriated or 
otherwise made available by this or any other Act shall be used to pay 
the salaries or expenses of any employee of the Department of 
Agriculture to carry out clause (3) of section 32.
    Sec. 716.  None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's budget 
submission to the Congress for programs under the jurisdiction of the 
Appropriations Subcommittees on Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies that assumes revenues or 
reflects a reduction from the previous year due to user fees proposals 
that have not been enacted into law prior to the submission of the 
budget unless such budget submission identifies which additional 
spending reductions should occur in the event the user fees proposals 
are not enacted prior to the date of the convening of a committee of 
conference for the fiscal year 2020 appropriations Act.
    Sec. 717. (a) None of the funds provided by this Act, or provided 
by previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in the current fiscal 
year, or provided from any accounts in the Treasury derived by the 
collection of fees available to the agencies funded by this Act, shall 
be available for obligation or expenditure through a reprogramming, 
transfer of funds, or reimbursements as authorized by the Economy Act, 
or in the case of the Department of Agriculture, through use of the 
authority provided by section 702(b) of the Department of Agriculture 
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 
(7 U.S.C. 2263), that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the Commodity 
Futures Trading Commission, or the Secretary of Health and Human 
Services (as the case may be) notifies in writing and receives approval 
from the Committees on Appropriations of both Houses of Congress at 
least 30 days in advance of the reprogramming of such funds or the use 
of such authority.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury derived by the collection of 
fees available to the agencies funded by this Act, shall be available 
for obligation or expenditure for activities, programs, or projects 
through a reprogramming or use of the authorities referred to in 
subsection (a) involving funds in excess of $500,000 or 10 percent, 
whichever is less, that--
            (1) augments existing programs, projects, or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress; unless the 
        Secretary of Agriculture, the Chairman of the Commodity Futures 
        Trading Commission, or the Secretary of Health and Human 
        Services (as the case may be) notifies in writing and receives 
        approval from the Committees on Appropriations of both Houses 
        of Congress at least 30 days in advance of the reprogramming or 
        transfer of such funds or the use of such authority.
    (c) The Secretary of Agriculture, the Chairman of the Commodity 
Futures Trading Commission, or the Secretary of Health and Human 
Services shall notify in writing and receive approval from the 
Committees on Appropriations of both Houses of Congress before 
implementing any program or activity not carried out during the 
previous fiscal year unless the program or activity is funded by this 
Act or specifically funded by any other Act.
    (d) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury derived by the collection of 
fees available to the agencies funded by this Act, shall be available 
for--
            (1) modifying major capital investments funding levels, 
        including information technology systems, that involves 
        increasing or decreasing funds in the current fiscal year for 
        the individual investment in excess of $500,000 or 10 percent 
        of the total cost, whichever is less;
            (2) realigning or reorganizing new, current, or vacant 
        positions or agency activities or functions to establish a 
        center, office, branch, or similar entity with five or more 
        personnel; or
            (3) carrying out activities or functions that were not 
        described in the budget request; unless the agencies funded by 
        this Act notify, in writing, the Committees on Appropriations 
        of both Houses of Congress at least 30 days in advance of using 
        the funds for these purposes.
    (e) As described in this section, no funds may be used for any 
activities unless the Secretary of Agriculture, the Chairman of the 
Commodity Futures Trading Commission, or the Secretary of Health and 
Human Services receives from the Committee on Appropriations of both 
Houses of Congress written or electronic mail confirmation of receipt 
of the notification as required in this section.
    Sec. 718.  Notwithstanding section 310B(g)(5) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may 
assess a one-time fee for any guaranteed business and industry loan in 
an amount that does not exceed 3 percent of the guaranteed principal 
portion of the loan.
    Sec. 719.  None of the funds appropriated or otherwise made 
available to the Department of Agriculture, the Food and Drug 
Administration, the Commodity Futures Trading Commission, or the Farm 
Credit Administration shall be used to transmit or otherwise make 
available reports, questions, or responses to questions that are a 
result of information requested for the appropriations hearing process 
to any non-Department of Agriculture, non-Department of Health and 
Human Services, non-Commodity Futures Trading Commission, or non-Farm 
Credit Administration employee.
    Sec. 720.  Unless otherwise authorized by existing law, none of the 
funds provided in this Act, may be used by an executive branch agency 
to produce any prepackaged news story intended for broadcast or 
distribution in the United States unless the story includes a clear 
notification within the text or audio of the prepackaged news story 
that the prepackaged news story was prepared or funded by that 
executive branch agency.
    Sec. 721.  No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act or any 
other Act to any other agency or office of the Department for more than 
60 days in a fiscal year unless the individual's employing agency or 
office is fully reimbursed by the receiving agency or office for the 
salary and expenses of the employee for the period of assignment.
    Sec. 722.  Not later than 30 days after the date of enactment of 
this Act, the Secretary of Agriculture, the Commissioner of the Food 
and Drug Administration, the Chairman of the Commodity Futures Trading 
Commission, and the Chairman of the Farm Credit Administration shall 
submit to the Committees on Appropriations of both Houses of Congress a 
detailed spending plan by program, project, and activity for all the 
funds made available under this Act including appropriated user fees, 
as defined in the report accompanying this Act.
    Sec. 723.  Of the unobligated balances from amounts made available 
for the supplemental nutrition program as authorized by section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $300,000,000 are 
hereby rescinded.
    Sec. 724.  The Secretary shall continue an intermediary loan 
packaging program based on the pilot program in effect for fiscal year 
2013 for packaging and reviewing section 502 single family direct 
loans. The Secretary shall continue agreements with current 
intermediary organizations and with additional qualified intermediary 
organizations. The Secretary shall work with these organizations to 
increase effectiveness of the section 502 single family direct loan 
program in rural communities and shall set aside and make available 
from the national reserve section 502 loans an amount necessary to 
support the work of such intermediaries and provide a priority for 
review of such loans.
    Sec. 725.  For loans and loan guarantees that do not require budget 
authority and the program level has been established in this Act, the 
Secretary of Agriculture may increase the program level for such loans 
and loan guarantees by not more than 25 percent: Provided, That prior 
to the Secretary implementing such an increase, the Secretary notifies, 
in writing, the Committees on Appropriations of both Houses of Congress 
at least 15 days in advance.
    Sec. 726.  None of the credit card refunds or rebates transferred 
to the Working Capital Fund pursuant to section 729 of the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be 
available for obligation without written notification to, and the prior 
approval of, the Committees on Appropriations of both Houses of 
Congress: Provided, That the refunds or rebates so transferred shall be 
available for obligation only for the acquisition of plant and capital 
equipment necessary for the delivery of financial, administrative, and 
information technology services of primary benefit to the agencies of 
the Department of Agriculture.
    Sec. 727.  None of the funds made available by this Act may be used 
to implement, administer, or enforce the ``variety'' requirements of 
the final rule entitled ``Enhancing Retailer Standards in the 
Supplemental Nutrition Assistance Program (SNAP)'' published by the 
Department of Agriculture in the Federal Register on December 15, 2016 
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the 
definition of the term ``variety'' as de fined in section 
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and 
``variety'' as applied in the definition of the term ``staple food'' as 
defined in section 271.2 of title 7, Code of Federal Regulations, to 
increase the number of items that qualify as acceptable varieties in 
each staple food category so that the total number of such items in 
each staple food category exceeds the number of such items in each 
staple food category included in the final rule as published on 
December 15, 2016: Provided, That until the Secretary promulgates such 
regulatory amendments, the Secretary shall apply the requirements 
regarding acceptable varieties and breadth of stock to Supplemental 
Nutrition Assistance Program retailers that were in effect on the day 
before the date of the enactment of the Agricultural Act of 2014 
(Public Law 113-79).
    Sec. 728.  Notwithstanding section 343(a)(13)(C) of the 
Consolidated Farm and Rural Development Act, for the purpose of water 
and waste disposal guaranteed loans provided under paragraphs (1) and 
(24) of section 306(a) of such Act, the terms ``rural'' and ``rural 
areas'' mean a city, town, or unincorporated area that has a population 
of no more than 20,000 inhabitants.
    Sec. 729.  Funds provided by this or any prior Appropriations Act 
for the Agriculture and Food Research Initiative under subsection (b) 
of the Competitive, Special, and Facilities Research Grant Act (7 
U.S.C. 3157(b)) shall be made available without regard to section 1492 
of the National Agricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3371) under the matching requirements applicable 
to such Initiative (other than paragraph (9) of such subsection (b)) in 
effect on the day before the date of enactment of such section 1492.
    Sec. 730.  In carrying out subsection (h) of section 502 of the 
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture 
shall have the same authority with respect to loans guaranteed under 
such section and eligible lenders for such loans as the Secretary has 
under subsections (h) and (j) of section 538 of such Act (42 U.S.C. 
1490p-2) with respect to loans guaranteed under such section 538 and 
eligible lenders for such loans.
    Sec. 731.  None of the funds made available by this Act may be used 
to propose, promulgate, or implement any rule, or take any other action 
with respect to, allowing or requiring information intended for a 
prescribing health care professional, in the case of a drug or 
biological product subject to section 503(b)(1) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such 
professional electronically (in lieu of in paper form) unless and until 
a Federal law is enacted to allow or require such distribution.
    Sec. 732.  None of the funds made available by this Act may be used 
to notify a sponsor or otherwise acknowledge receipt of a submission 
for an exemption for investigational use of a drug or biological 
product under section 505(i) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health 
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo 
is intentionally created or modified to include a heritable genetic 
modification. Any such submission shall be deemed to have not been 
received by the Secretary, and the exemption may not go into effect.
    Sec. 733.  None of the funds made available by this or any other 
Act may be used to carry out the final rule promulgated by the Food and 
Drug Administration and put into effect November 16, 2015, in regards 
to the hazard analysis and risk-based preventive control requirements 
of the current good manufacturing practice, hazard analysis, and risk-
based preventive controls for food for animals rule with respect to the 
regulation of the production, distribution, sale, or receipt of dried 
spent grain byproducts of the alcoholic beverage production process.
    Sec. 734.  Funds made available under title II of the Food for 
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide 
assistance to recipient nations if adequate monitoring and controls, as 
determined by the Administrator, are in place to ensure that emergency 
food aid is received by the intended beneficiaries in areas affected by 
food shortages and not diverted for unauthorized or inappropriate 
purposes.
    Sec. 735.  Notwithstanding 5 U.S.C.5315, the Administrator for 
Rural Utilities Service, U.S. Department of Agriculture, shall receive 
basic pay at a rate not to exceed the maximum amount of compensation 
payable to a member of the Senior Executive Service under subsection 
(b) of section 5382 of title 5 United States Code, except that the 
certification requirement in that subsection shall not apply to the 
compensation of the Administrator.
    Sec. 736.  For fiscal year 2018 and hereafter, the Secretary shall 
regulate products made from cells of amenable species of livestock, as 
defined in the Federal Meat Inspection Act, or poultry, as defined in 
the Poultry Products Inspection act, grown under controlled conditions 
for use as human food, and shall issue regulations prescribing the type 
and frequency of inspection required for the manufacture and processing 
of such products, as well as other requirements necessary to prevent 
the adulteration and misbranding of these products.
    Sec. 737.  None of the funds made available by this Act may be used 
by the Secretary of Agriculture, acting through the Food and Nutrition 
Service, to commence any new research and evaluation projects until the 
Secretary submits to the Committees on Appropriations of both Houses of 
Congress a research and evaluation plan for fiscal year 2019, prepared 
in coordination with the Research, Education, and Economics mission 
area of the Department of Agriculture, and a period of 30 days 
beginning on the date of the submission of the plan expires to permit 
Congressional review of the plan.
    Sec. 738.  Section 4s(e)(4) of the Commodity Exchange Act (7 U.S.C. 
6s(e)(4)) is amended--
            (1) by inserting ``(A)'' before ``The requirements'' ; and
            (2) by adding after and below the end the following:
                    ``(B) The initial margin requirements imposed by 
                rules adopted pursuant to paragraphs (2)(A)(ii) and 
                (2)(B)(ii) shall not apply to any swap in which--
                            ``(i) one counter party is a person in 
                        which the other counterparty, directly or 
                        indirectly, holds a majority ownership 
                        interest; or
                            ``(ii) a third party, directly or 
                        indirectly, holds a majority ownership interest 
                        in both counterparties.''.
    Sec. 739. (a) The Secretary of Agriculture shall--
            (1) conduct audits in a manner that evaluates the following 
        factors in the country or region being audited, as applicable--
                    (A) veterinary control and oversight;
                    (B) disease history and vaccination practices;
                    (C) livestock demographics and traceability;
                    (D) epidemiological separation from potential 
                sources of infection;
                    (E) surveillance practices;
                    (F) diagnostic laboratory capabilities; and
                    (G) emergency preparedness and response; and
            (2) promptly make publicly available the final reports of 
        any audits or reviews conducted pursuant to subsection (1).
    Sec. 740.  No food that bears or contains partially hydrogenated 
oils (as defined in the order published by the Food and Drug 
Administration in the Federal Register on June 17, 2015 (80 Fed. Reg. 
34650 et seq.)) shall be considered to be adulterated within the 
meaning of subsection (a)(1) or (a)(2)(C)(i) of section 402 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because such 
food contains such partially hydrogenated oils so long as such food is 
introduced or delivered for introduction into interstate commerce on or 
before June 18, 2018.
    Sec. 741.  None of the funds made available by this Act may be used 
to carry out any activities or incur any expense related to the 
issuance of licenses under section 3 of the Animal Welfare Act (7 
U.S.C. 2133), or the renewal of such licenses, to class B dealers who 
sell dogs and cats for use in research, experiments, teaching, or 
testing.
    Sec. 742.  There is appropriated $20,000,000 to the Commodity 
Credit Corporation, in addition to amounts otherwise made available, 
for section 1110(f)(3) of the Food Security Act of 1985 (7 U.S.C. 
1736o(f)(3)).
    Sec. 743. (a)(1) No Federal funds made available for this fiscal 
year for the rural water, waste water, waste disposal, and solid waste 
management programs authorized by sections 306, 306A, 306C, 306D, 306E, 
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1926 et seq.) shall be used for a project for the construction, 
alteration, maintenance, or repair of a public water or wastewater 
system unless all of the iron and steel products used in the project 
are produced in the United States.
    (2) In this section, the term ``iron and steel products'' means the 
following products made primarily of iron or steel: lined or unlined 
pipes and fittings, manhole covers and other municipal castings, 
hydrants, tanks, flanges, pipe clamps and restraints, valves, 
structural steel, reinforced precast concrete, and construction 
materials.
    (b) Subsection (a) shall not apply in any case or category of cases 
in which the Secretary of Agriculture (in this section referred to as 
the ``Secretary'') or the designee of the Secretary finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron and steel products are not produced in the United 
        States in sufficient and reasonably available quantities or of 
        a satisfactory quality; or
            (3) inclusion of iron and steel products produced in the 
        United States will increase the cost of the overall project by 
        more than 25 percent.
    (c) If the Secretary or the designee receives a request for a 
waiver under this section, the Secretary or the designee shall make 
available to the public on an informal basis a copy of the request and 
information available to the Secretary or the designee concerning the 
request, and shall allow for informal public input on the request for 
at least 15 days prior to making a finding based on the request. The 
Secretary or the designee shall make the request and accompanying 
information available by electronic means, including on the official 
public Internet Web site of the Department.
    (d) This section shall be applied in a manner consistent with 
United States obligations under international agreements.
    (e) The Secretary may retain up to 0.25 percent of the funds 
appropriated in this Act for ``Rural Utilities Service--Rural Water and 
Waste Disposal Program Account'' for carrying out the provisions 
described in subsection (a)(1) for management and oversight of the 
requirements of this section.
    (f) Subsection (a) shall not apply with respect to a project for 
which the engineering plans and specifications include use of iron and 
steel products otherwise prohibited by such subsection if the plans and 
specifications have received required approvals from State agencies 
prior to the date of enactment of this Act.
    (g) For purposes of this section, the terms ``United States'' and 
``State'' shall include each of the several States, the District of 
Columbia, and each federally recognized Indian tribe.
    Sec. 744.  For the purposes of determining eligibility or level of 
program assistance for Rural Development programs the Secretary shall 
not include incarcerated prison populations.
    Sec. 745.  None of the funds appropriated by this Act may be used 
in any way, directly or indirectly, to influence congressional action 
on any legislation or appropriation matters pending before Congress, 
other than to communicate to Members of Congress as described in 18 
U.S.C. 1913.
    Sec. 746.  For an additional amount for ``National Institute for 
Food and Agriculture-Research and Education Activities,'' $14,000,000 
for relocation expenses and for alteration and repair of leased 
buildings and improvements pursuant to 7 U.S.C. 2250.
    Sec. 747.  The Secretary of Agriculture and the Secretary's 
designees are hereby granted the same access to information and subject 
to the same requirements applicable to the Secretary of Housing and 
Urban Development as provided in section 453 of the Social Security Act 
(42 U.S.C. 653) and section 6103(1)(7)(D)(ix) of the Internal Revenue 
Code of 1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to verify the income for 
individuals participating in sections 502, 504, 521, and 542 of the 
Housing Act of 1949 (42 U.S.C. 1472, 1474, 1490a, and 1490r), 
notwithstanding section 453(l)(1) of the Social Security Act.
    Sec. 748.  None of the funds made available by this Act may be used 
to procure raw or processed poultry products imported into the United 
States from the People's Republic of China for use in the school lunch 
program under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under 
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service 
Program for Children under section 13 of such Act (42 U.S.C. 1761), or 
the school breakfast program under the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.).
    Sec. 749.  In response to an eligible community where the drinking 
water supplies are inadequate due to a natural disaster, as determined 
by the Secretary, including drought or severe weather, the Secretary 
may provide potable water through the Emergency Community Water 
Assistance Grant Program for an additional period of time not to exceed 
120 days beyond the established period provided under the Program in 
order to protect public health.
    Sec. 750.  Of the total amounts made available by this Act for 
direct loans and grants in the following headings: ``Rural Housing 
Service--Rural Housing Insurance Fund Program Account''; ``Rural 
Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Housing 
Service--Rural Housing Assistance Grants''; ``Rural Housing Service--
Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural 
Business-Cooperative Service--Rural Economic Development Loans Program 
Account''; ``Rural Business-Cooperative Service--Rural Cooperative 
Development Grants''; ``Rural Utilities Service--Rural Water and Waste 
Disposal Program Account''; ``Rural Utilities Service--Rural 
Electrification and Telecommunications Loans Program Account''; and 
``Rural Utilities Service--Distance Learning, Telemedicine, and 
Broadband Program'', to the maximum extent feasible, at least 10 
percent of the funds shall be allocated for assistance in persistent 
poverty counties under this section, including, notwithstanding any 
other provision regarding population limits, any county seat of such a 
persistent poverty county that has a population that does not exceed 
the authorized population limit by more than 10 percent: Provided, That 
for purposes of this section, the term ``persistent poverty counties'' 
means any county that has had 20 percent or more of its population 
living in poverty over the past 30 years, as measured by the 1980, 
1990, and 2000 decennial censuses, and 2007-2011 American Community 
Survey 5-year average: Provided further, That with respect to specific 
activities for which program levels have been made available by this 
Act that are not supported by budget authority, the requirements of 
this section shall be applied to such program level.
    Sec. 751. (a) No funds shall be used to finalize the proposed rule 
entitled ``Eligibility of the People's Republic of China (PRC) to 
Export to the United States Poultry Products from Birds Slaughtered in 
the PRC'' published in the Federal Register by the Department of 
Agriculture on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary 
of Agriculture shall--
            (1) ensure that the poultry slaughter inspection system for 
        the PRC is equivalent to that of the United States;
            (2) ensure that, before any poultry products can enter the 
        United States from any such poultry plant, such poultry 
        products comply with all other applicable requirements for 
        poultry products in interstate commerce in the United States;
            (3) conduct periodic verification reviews and audits of any 
        such plants in the PRC intending to export into the United 
        States processed poultry products;
            (4) conduct re-inspection of such poultry products at 
        United States ports-of-entry to check the general condition of 
        such products, for the proper certification and labeling of 
        such products, and for any damage to such products that may 
        have occurred during transportation; and
            (5) ensure that shipments of any such poultry products 
        selected to enter the United States are subject to additional 
        re-inspection procedures at appropriate levels to verify that 
        the products comply with relevant Federal regulations or 
        standards, including examinations for product defects and 
        laboratory analyses to detect harmful chemical residues or 
        pathogen testing appropriate for the products involved.
    (b) This section shall be applied in a manner consistent with 
obligations of the United States under any trade agreement to which the 
United States is a party.
    Sec. 752.  None of the funds made available by this Act may be used 
by the Food and Drug Administration to develop, issue, promote, or 
advance any regulations applicable to food manufacturers for 
population-wide sodium reduction actions or to develop, issue, promote 
or advance final guidance applicable to food manufacturers for long 
term population-wide sodium reduction actions until the date on which a 
dietary reference intake report with respect to sodium is completed.
    Sec. 753.  There is hereby appropriated $2,000,000, to remain 
available until September 30, 2020, for the cost of loans and grants 
that is consistent with section 4206 of the Agricultural Act of 2014, 
for necessary expenses of the Secretary to support projects that 
provide access to healthy food in underserved areas, to create and 
preserve quality jobs, and to revitalize low-income communities.
    Sec. 754.  For an additional amount for ``Animal and Plant Health 
Inspection Service--Salaries and Expenses'', $8,500,000, to remain 
available until September 30, 2020, for one-time control and management 
and associated activities directly related to the multiple-agency 
response to citrus greening.
    Sec. 755.  None of the funds made available by this or any other 
Act may be used to enforce the final rule promulgated by the Food and 
Drug Administration entitled ``Standards for the Growing, Harvesting, 
Packing, and Holding of Produce for Human Consumption,'' and published 
on November 27, 2015, with respect to the regulation of the production, 
distribution, sale, or receipt of grape varietals that are grown, 
harvested and used solely for wine and receive commercial processing 
that adequately reduces the presence of microorganisms of public health 
significance.
    Sec. 756.  None of the funds made available by this Act may be used 
to revoke an exception made--
            (1) pursuant to the rule entitled ``Exceptions to 
        Geographic Areas for Official Agencies Under the USGSA'' 
        published by the Department of Agriculture in the Federal 
        Register on April 18, 2003 (68 Fed. Reg. 19137, 19139); and
            (2) on a date before April 14, 2017.
    Sec. 757.  For school year 2019-2020, only a school food authority 
that had a negative balance in the nonprofit school food service 
account as of December 31, 2018, shall be required to establish a price 
for paid lunches in accordance with Section 12(p) of the Richard B. 
Russell National School Lunch Act, 42 U.S.C. 1760(p).
    Sec. 758.  There is hereby appropriated $5,000,000, to remain 
available until September 30, 2020, for a pilot program for the 
National Institute of Food and Agriculture to provide grants to 
nonprofit organizations for programs and services to establish and 
enhance farming and ranching opportunities for military veterans.
    Sec. 759.  For an additional amount for ``Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'', $550,000,000, 
to remain available until expended, for the Secretary of Agriculture to 
conduct a broadband loan and grant pilot program under the Rural 
Electrification Act of 1936 (7 U.S.C. 901 et seq.):  Provided, That for 
the purpose of the pilot program, the authorities provided in such Act 
shall include the authority to make grants for such purposes, as 
described in section 601(a) of such Act:  Provided further, That the 
cost of direct loans shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That at least 90 
percent of the households to be served by a project receiving a loan or 
grant under the pilot program shall be in a rural area without 
sufficient access to broadband, defined for this pilot program as 10 
Mbps downstream, and 1 Mbps upstream, which shall be reevaluated and 
redetermined, as necessary, on an annual basis by the Secretary of 
Agriculture:  Provided further, That an entity to which a loan or grant 
is made under the pilot program shall not use the loan or grant to 
overbuild or duplicate broadband expansion efforts made by any entity 
that has received a broadband loan from the Rural Utilities Service:  
Provided further, That in addition to other available funds, not more 
than four percent of the funds can be used for administrative costs to 
carry out this pilot program and up to three percent may be utilized 
for technical assistance and pre-development planning activities to 
support the most rural communities, which shall be transferred to and 
merged with the appropriation for ``Rural Development, Salaries and 
Expenses'':  Provided further, That the Rural Utility Service is 
directed to expedite program delivery methods that would implement this 
section:  Provided further, That for purposes of this section, the 
Secretary shall adhere to the notice, reporting and service area 
assessment requirements set forth in sections 6104(a)(2)(D) and 
6104(a)(2)(E) of the Agricultural Act of 2014 (7 U.S.C. 950bb(d)(5), 
and 950bb(d)(8) and 950bb(d)(10)).
    Sec. 760.  Section 202 of H.R. 238, One Hundred Fifteenth Congress, 
as passed by the House of Representatives on January 12, 2017, is 
hereby enacted into law.
    Sec. 761.  With the exception of funds needed to administer, 
complete, and conduct oversight of contracts awarded and obligations 
incurred prior to enactment of this Act, none of the funds appropriated 
or otherwise made available by this or any other Act shall be used to 
pay the salaries and expenses of personnel to carry out the Biomass 
Crop Assistance Program authorized by section 9011 of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 8111).
    Sec. 762.  Not later than July 31, 2019, the Secretary of Health 
and Human Services shall finalize the draft guidance for industry 
entitled ``Bacterial Risk Control Strategies for Blood Collection 
Establishments and Transfusion Services to Enhance the Safety and 
Availability of Platelets for Transfusion'' issued by the Food and Drug 
Administration in March of 2016.
    Sec. 763.  Not later than 180 days after the date of the enactment 
of this section, the Secretary of Agriculture shall submit a report to 
the Committees on Appropriations of both Houses of Congress that 
includes a summary of the process used in establishing the 2020-2025 
Dietary Guidelines for Americans published pursuant to section 301 of 
the National Nutrition Monitoring and Related Research Act of 1990 (7 
U.S.C. 5341) and an explanation with respect to the decision to 
incorporate or exclude in such Dietary Guidelines for Americans 
recommendations from the report by the National Academies of Science, 
Engineering, and Medicine entitled ``Redesigning the Process for 
Establishing the Dietary Guidelines for Americans'' and issued 
September, 2017.
    Sec. 764.  None of the funds made available by this Act shall be 
used to implement, administer, or enforce the final rule entitled 
``Food Labeling: Revision of the Nutrition and Supplement Facts 
Labels'', published in the Federal Register on May 27, 2016 (81 Fed. 
Reg. 33742) to the extent such rule requires that the nutrition facts 
panel on the labeling of a single-ingredient food that does not have 
any sugars or sweeteners added to the food, such as honey and maple 
syrup, include a statement that the food contains added sugars.
    Sec. 765.  Paragraph (4) of section 1444(a) of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3221 (a)) is amended--
            (1) by striking ``No more than'' and inserting the 
        following: ``For fiscal years ending on or before September 30, 
        2018, no more than'';
            (2) by striking ``by an institution'' and inserting ``by an 
        eligible institution under this section''; and
            (3) by adding at the end the following new sentence: ``For 
        fiscal years beginning on or after October 1, 2018, the 
        limitation specified in the preceding sentence shall not apply 
        and 100 percent of such funds may be carried forward to the 
        succeeding fiscal year.''
    Sec. 766.  The establishment of any affirmative disclosure 
requirements relating to the genetic engineering of salmon or other 
finfish, or foods containing genetically engineered salmon or other 
finfish shall be made in accordance with the National Bioengineered 
Food Disclosure Standard (7 U.S.C. 1639) and any rules or regulations 
implementing that Act as promulgated by the Secretary of Agriculture.
    Sec. 767.  None of the funds made available by this Act may be used 
to implement or enforce the matter following the first comma in the 
second sentence of footnote (c) of section 220.8(c) of title 7, Code of 
Federal Regulations, with respect to the substitution of vegetables for 
fruits under the school breakfast program established under section 4 
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
    Sec. 768.  Section 9 of the Food and Nutrition Act of 2008 (7 
U.S.C. 2018) is amended by adding at the end the following:
    ``(i) Nondisclosure.--Any supplemental nutrition assistance program 
transaction data that contains information specific to a retail food 
store, a retail food store location, a person, or other entity shall be 
exempt from the disclosure requirements of section 552(a) of title 5 of 
the United States Code pursuant to section 552(b)(3) of title 5 of the 
United States Code.''.
    Sec. 769.  None of the funds appropriated or otherwise made 
available by this Act or any other Act with respect to any fiscal year 
may be used to implement, administer, or enforce the final rule with 
the regulation identifier number 0910-AG38 published by the Food and 
Drug Administration in the Federal Register on May 10, 2016 (81 Fed. 
Reg. 28974) with respect to traditional large and premium cigars. For 
the purposes of this section, the term ``traditional large and premium 
cigar'' means--
     (a) any roll of tobacco that is wrapped in 100 percent leaf 
tobacco, is bunched with 100 percent tobacco filler, contains no 
filter, tip, or non-tobacco mouthpiece, weighs at least 6 pounds per 
1,000 count, and--
            (1) has a 100 percent leaf tobacco binder and is hand 
        rolled;
            (2) has a 100 percent leaf tobacco binder and is made using 
        human hands to lay the leaf tobacco wrapper or binder onto only 
        one machine that bunches, wraps, and caps each individual 
        cigar; or
            (3) has a homogenized tobacco leaf binder and is made in 
        the United States using human hands to lay each 100 percent 
        leaf tobacco wrapper individually onto a single machine that 
        bunches, wraps, and caps each individual cigar on such single 
        machine and makes no more than 15 cigars per minute; and
    (b) is not a cigarette or a little cigar (as such terms are defined 
in paragraphs (3) and (11), respectively, of section 900 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 387)).
    Sec. 770.  None of the funds appropriated or otherwise made 
available by this Act or any other Act with respect to any fiscal year 
may, for cigars and pipe tobacco, and components and parts thereof, 
which the Secretary of Health and Human Services by regulation under 
section 901(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
387a(b)) deems to be subject to chapter IX of such Act, be used to 
treat any reference in sections 905(j) or 910(a) of such Act (21 U.S.C. 
387e(j), 387j(a)) to February 15, 2007, as other than a reference to 
April 25, 2014, the date of the regulation under which tobacco products 
were proposed to be deemed subject to the requirements of such chapter 
pursuant to section 901(b) of such Act (21 U.S.C. 387a(b)).
    Sec. 771. (a) Section 905(j)(1)(A)(i) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 387e(j)(1)(A)(i)) is amended by inserting 
``or to a tobacco product subject to an order that the Secretary has 
issued to such person under subsection (c)(1)(A)(i) of section 910,'' 
after ``as of February 15, 2007,''.
    (b) Section 910(a)(2)(A)(i)(I) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 387j(a)(2)(A)(i)(I)) is amended by inserting 
``, or to a tobacco product subject to an order that the Secretary has 
issued to such person under subsection (c)(1)(A)(i)'' after ``as of 
February 15, 2007''.
    Sec. 772. (a) Notwithstanding any other provision of law, not later 
than 21 months after the date of enactment of this Act, the Secretary 
of Health and Human Services shall issue a notice of proposed 
rulemaking to establish a product standard for vapor products pursuant 
to section 907 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
387g) to include but not be limited to--
            (1) characterizing flavors; and
            (2) batteries.
    (b) Notwithstanding any other provision of law, not later than 36 
months after the date of enactment of this Act, the Secretary shall 
promulgate a final rule pursuant to such notice.
    Sec. 773. (a) A vapor product shall be deemed to be misbranded 
under section 903(a) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 387c(a)) if the advertising with respect to the vapor product is 
disseminated by a manufacturer, distributor, or retailer of the product 
in a newspaper, magazine, periodical, or other publication (including 
any publication of periodic or limited distribution) other than an 
adult publication.
    (b)(1) A retailer may only sell any vapor product in a direct face-
to-face exchange without the assistance of any electronic or mechanical 
device (such as a vending machine).
    (2) This subsection shall not apply with respect to sales of vapor 
products conducted through--
            (A) mail-order; or
            (B) a vending machine or self-service display if, with 
        respect to the facility in which such vending machine or 
        display is located, the retailer of such products ensures that 
        no person under 18 years of age is present or permitted to 
        enter.
    (3) A violation of this section is deemed to constitute a violation 
of the Federal Food, Drug, and Cosmetic Act relating to a tobacco 
product for purposes of section 303(f)(9) of such Act (21 U.S.C. 
333(f)(9)).
    (c)(1) Not later than 12 months after the date of enactment of this 
Act, the Secretary of Health and Human Services shall promulgate final 
regulations to require that the labeling of vapor products contain--
            (A) the phrase ``Keep Out of Reach of Children'';
            (B) the phrase ``Underage Sale Prohibited''; and
            (C) an accurate statement of the nicotine content of the 
        vapor product.
    (2) A vapor product whose label is in violation of the regulations 
required by paragraph (1) is deemed to be misbranded under section 903 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387c).
    (d)(1) Every person who owns or operates an establishment in any 
State engaged in the retail sale of a vapor product shall register that 
establishment with the Secretary of Health and Human Services within 
the later of 60 days after the date of enactment of this Act, or 30 
days after first engaging in such retail sale.
    (2) The requirements of this subsection do not apply with respect 
to any establishment subject to an active registration under--
            (A) any State law relating to tobacco products; or
            (B) section 905 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 387e).
    (3) The Secretary shall make available for inspection, to any 
person so requesting, any registration filed under this section.
    (e) In this section:
            (1) The term ``adult publication'' means any newspaper, 
        magazine, periodical, or other publication--
                    (A) whose readers younger than 18 years of age 
                constitute 15 percent or less of the total readership 
                as measured by competent and reliable survey evidence; 
                and
                    (B) that is read by fewer than 2 million persons 
                younger than 18 years of age as measured by competent 
                and reliable survey evidence.
            (2) The terms ``label'' and ``labeling'' have the meanings 
        given to such terms in section 201 of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 321).
            (3) The term ``tobacco product'' has the meaning given to 
        such term in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321).
            (4) The term ``vapor product''--
                    (A) means any non-combustible product that employs 
                a heating element, power source, electronic circuit, or 
                other electronic, chemical, or mechanical means, 
                regardless of shape or size, to produce vapor from 
                nicotine in a solution or other form;
                    (B) includes any electronic cigarette, electronic 
                cigar, electronic cigarillo, electronic pipe, or 
                similar product or device, and any vapor cartridge or 
                other container of nicotine in a solution or other 
                form; and
                    (C) does not include any product regulated as a 
                drug or device by the Food and Drug Administration 
                under chapter V of the Federal Food, Drug, and Cosmetic 
                Act (21 U.S.C. 351 et seq.).
    Sec. 774.  Section 1043 of the Pro-Children Act of 1994 (20 U.S.C. 
6083) is amended--
            (1) by striking ``smoking'' each place it appears in 
        subsections (a), (b), and (c) and inserting ``smoking or use of 
        vapor products''; and
            (2) by striking ``smoking'' each place it appears in 
        subsection (e) and inserting ``smoking or vapor product''.
    Sec. 775.  Section 906(d) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 387f(d)) is amended by striking paragraph (4) and 
inserting the following:
            ``(4) Age verification for remote sales.--A delivery seller 
        of vapor products--
                    ``(A) shall not sell, deliver, or cause to be 
                delivered any vapor products to a person under the 
                minimum age required for the legal sale or purchase of 
                vapor products, as determined by the applicable law at 
                the place of delivery; and
                    ``(B) shall not accept a delivery sale order from a 
                person without--
                            ``(i) obtaining the full name, birth date, 
                        and residential address of that person; and
                            ``(ii) verifying the information provided 
                        in clause (i), through the use of a 
                        commercially available database or aggregate of 
                        databases, consisting primarily of data from 
                        government sources, that are regularly used by 
                        government and businesses for the purpose of 
                        age and identity verification and 
                        authentication, to ensure that the purchaser is 
                        at least the minimum age required for the legal 
                        sale or purchase of vapor products, as 
                        determined by the applicable law at the place 
                        of delivery.
                    ``(C) Limitation.--No database being used for age 
                and identity verification under subparagraph (B)(ii) 
                shall be in the possession or under the control of the 
                delivery seller, or be subject to any changes or 
                supplementation by the delivery seller.
                    ``(D) Definitions.--In this paragraph:
                            ``(i) The term `delivery sale' means a sale 
                        of vapor products in which--
                                    ``(I) the consumer submits the 
                                order for the sale by means of a 
                                telephone or other method of voice 
                                transmission, the mails, or the 
                                Internet or other online service, or 
                                the seller is otherwise not in the 
                                physical presence of the buyer when the 
                                request for purchase or order is made; 
                                or
                                    ``(II) the vapor products are 
                                delivered to the buyer by common 
                                carrier, private delivery service, or 
                                other method of remote delivery, or the 
                                seller is not in the physical presence 
                                of the buyer when the buyer obtains 
                                possession of the vapor products.
                            ``(ii) The term `delivery seller' means a 
                        person who makes a delivery sale, or provides 
                        an online marketplace to facilitate a delivery 
                        sale.
                            ``(iii) The term `online marketplace' means 
                        an online portal or other digital or similar 
                        platform that facilitates the sale of products 
                        to consumers, through retail sale, auction, or 
                        similar transactions.''.
    Sec. 776.  Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Health and Human Services shall submit a 
report to the Committees on Appropriations of both Houses of Congress, 
the Committee on Health, Education, Labor, and Pensions of the Senate, 
and the Committee on Energy and Commerce of the House of 
Representatives, that includes a plan of action with respect to the 
development and operation of the Youth Vapor Product Education, 
Prevention, and Enforcement Program.
    Sec. 777. (a) The Commissioner of Food and Drugs shall conduct a 
study on preventing the use of electronic nicotine delivery systems 
(referred to in this section as ``ENDS'') by youth. Such study shall 
include an analysis of--
    (1) the potential costs and benefits of using, and requiring the 
use of, biometric security measures in ENDS--
            (A) during premarket development;
            (B) at the time of sale; and
            (C) during postmarket use;
    (2) the effectiveness of such biometric security measures in 
preventing usage by youth of ENDS;
    (3) the potential costs and benefits of requiring such biometric 
security measures for sales of ENDS made through mail delivery and via 
the Internet; and
    (4) alternative technologies that may assist in preventing usage by 
youth of ENDS.
    (b) The Commissioner of Food and Drugs shall provide a report on 
the results of the study under subsection (a) to the Committee on 
Appropriations of both Houses of Congress not later than 180 days after 
the date of enactment of this Act.

                       spending reduction account

    Sec. 778.  $0.
    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2019''.
                                                 Union Calendar No. 545

115th CONGRESS

  2d Session

                               H. R. 5961

                          [Report No. 115-706]

_______________________________________________________________________

                                 A BILL

Making appropriations for Agriculture, Rural Development, Food and Drug 
   Administration, and Related Agencies programs for the fiscal year 
           ending September 30, 2019, and for other purposes.

_______________________________________________________________________

                              May 24, 2018

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed