[House Report 116-446]
[From the U.S. Government Publishing Office]



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116th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     116-446

======================================================================



 
   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS BILL, 2021

                                _______
                                

 July 13, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

           Mr. Bishop, from the Committee on Appropriations, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 7610]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies for fiscal year 2021.

                                CONTENTS

                                                                   Page
Title I--Agricultural Programs...................................     3
Title II--Farm Production and Conservation Programs..............    46
Title III--Rural Development Programs............................    55
Title IV--Domestic Food Programs.................................    67
Title V--Foreign Assistance and Related Programs.................    76
Title VI--Related Agencies and Food and Drug Administration......    80
Title VII--General Provisions....................................    96

                                OVERVIEW

    The Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Subcommittee has 
jurisdiction over the U.S. Department of Agriculture (USDA) 
except for the Forest Service, the Food and Drug Administration 
(FDA), the Commodity Futures Trading Commission (CFTC), and the 
Farm Credit Administration (FCA). The Subcommittee's 
responsibility covers issues that impact Americans every day of 
the year.
    The fiscal year 2021 discretionary spending in this bill 
totals $23,980,000,000 which is $487,000,000 above the fiscal 
year 2020 enacted level and $4,107,803,000 above the 
President's budget request for fiscal year 2021.
    In this report, ``the Committees'' refers to the Committees 
on Appropriations of the House of Representatives and the 
Senate.
    Prior to the suspension of congressional activities due to 
the COVID-19 pandemic, the Subcommittee held six hearings 
related to the agencies it funds. Those hearings were:
          1. USDA Inspector General--February 11, 2020
          2. Farm Credit Administration--February 12, 2020
          3. HHS Inspector General--February 27, 2020
          4. Member Day--March 3, 2020
          5. USDA FY 2021 Budget Request--March 10, 2020
          6. Food and Drug Administration FY 2021 Budget 
        Request--March 11, 2020.
    Advertising expenditures.--The Committee understands that, 
as the largest advertiser in the United States, the federal 
government should work to ensure fair access to its advertising 
contracts for small disadvantaged businesses and businesses 
owned by minorities and women. The Committee directs each 
department and agency to include the following information in 
its fiscal year 2022 budget justification: expenditures for 
fiscal year 2020 and expected expenditures for fiscal years 
2021 and 2022, for (1) all contracts for advertising services; 
and (2) contracts for the advertising services of (a) socially 
and economically disadvantaged small businesses concerns (as 
defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 
637 (a)(4)); and (b) women- and minority-owned businesses.
    Federal Law Enforcement.--The Committee notes that the 
Commerce, Justice, Science, and Related Agencies Appropriations 
Act, 2021 directs the Attorney General to establish a training 
program to cover the use of force and de-escalation, racial 
profiling, implicit bias, and procedural justice, to include 
training on the duty of Federal law enforcement officers to 
intervene in cases where another law enforcement officer is 
using excessive force, and make such training a requirement for 
Federal law enforcement officers. The Committee further notes 
that several agencies funded by this Act employ Federal law 
enforcement officers and are Federal Law Enforcement Training 
Centers partner organizations. The Committee directs such 
agencies to adopt and follow the training program established 
by the Attorney General, and to make such training a 
requirement for its Federal law enforcement officers. The 
Committee further directs such agencies to brief the Committees 
on their efforts relating to training no later than 90 days 
after the Attorney General has established such a training 
program.
    In addition, the Committee directs such agencies, to the 
extent that they have not already done so, to submit their use 
of force data to the Federal Bureau of Investigation (FBI)'s 
National Use of Force Data Collection database. The Committee 
further directs such agencies to brief the Committees no later 
than 90 days after enactment of this Act on their current 
efforts to tabulate and submit its use of force data to the 
FBI.
    Performance Measures.--The Committee directs USDA and FDA 
to comply with title 31 of the United States Code, including 
the development of their organizational priority goals and 
outcomes such as performance outcome measures, output measures, 
efficiency measures, and customer service measures. The 
Committee looks forward to receiving a briefing from these 
agencies on the implementation plan for measures within 60 days 
of enactment of this Act.

                                TITLE I


                         AGRICULTURAL PROGRAMS


                   Processing, Research and Marketing


                        Office of the Secretary


                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................       $46,139,000
2021 budget estimate..................................        47,836,000
Provided in the bill..................................        47,638,000
Comparison:
    2020 appropriation................................        +1,499,000
    2021 budget estimate..............................          -198,000
 

    The following table reflects the amount provided by the 
Committee for each office and activity:

                         [Dollars in thousands]
------------------------------------------------------------------------
                                          FY 2020    FY 2021   Committee
                                          enacted    estimate  provision
------------------------------------------------------------------------
Office of the Secretary................      5,051      5,143      5,118
Office of Homeland Security............      1,496      1,336      1,329
Office of Partnerships and Public            6,211      1,957      6,508
 Engagement............................
Office of the Assistant Secretary for          875        887        883
 Administration........................
Departmental Administration............     21,376     27,161     22,509
Office of the Assistant Secretary for        3,869      3,941      3,921
 Congressional Relations and
 Intergovernmental Affairs.............
Office of Communications...............      7,261      7,411      7,370
                                        --------------------------------
    Total, Office of the Secretary.....     46,139     47,836     47,638
------------------------------------------------------------------------

                          COMMITTEE PROVISIONS

    For the Office of the Secretary, the Committee provides an 
appropriation of $47,638,000.
    The Committee provides an increase of $1,000,000 for 
Departmental Administration (DA) to proactively address hiring 
challenges facing USDA agencies. The Committee remains 
concerned about staffing shortages impacting effective program 
delivery and urges DA to make efficient hiring processes a 
priority.
    The Committee provides $6,508,000 for the Office of 
Partnerships and Public Engagement (OPPE) and rejects the 
reductions proposed in the budget request. The Committee 
strongly supports the Outreach and Assistance for Socially 
Disadvantaged Farmers and Veterans program and restores the 
funding provided in fiscal year 2020 for grants. In addition, 
the bill provides $5,000,000 for the Farming Opportunities 
Training and Outreach Program as authorized by the 2018 Farm 
Bill. This funding is in addition to the $35,000,000 in total 
mandatory funds available in 2021. OPPE is directed to use not 
more than five percent of this sum for administrative costs. 
The Committee provides a total of $1,000,000 for the Office of 
Tribal Relations.
    The Committee notes that the fiscal year 2021 budget 
requested funding in excess of $60,000,000 for activities in 
various offices in Executive Operations that are already 
underway and being funded outside of annual appropriations 
bills. The bill does not fund those activities because the 
budget justification did not provide sufficient reason to do 
so.
    The Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) (P.L. 116-136) provided $9,500,000,000 to the 
Office of the Secretary for assistance to agricultural 
producers impacted by the coronavirus health emergency.
    Asian American, Native Hawaiian, and Pacific Islander 
Farmers.--The Committee is interested in the actions the USDA 
has taken to recruit and outreach to Asian American, Native 
Hawaiian, and Pacific Islander farmers. Within 120 days of the 
enactment of this Act, the Committee directs the USDA to 
provide a report on its outreach and recruitment activities, 
and a list of available required resources in additional Asian 
American and Pacific Islander languages.
    CCC Report.--The Committee directs the Secretary to provide 
a report on November 15, 2020, and May 18, 2021, on planned 
uses of funding under the authorities of Section 4 and Section 
11 of the CCC Charter Act.
    Commodity Credit Corporation (CCC) Obligations and 
Commitments.--The Secretary is directed to notify the 
Committees in writing 15 days prior to any announcement on the 
use of funds from the CCC or to the obligation or commitment of 
any emergency funds from the CCC.
    Communication from USDA.--A collaborative working 
relationship between the Committee and USDA is necessary to 
ensure efficient and effective implementation of Congress' 
funding decisions. USDA is directed to ensure that the 
Committee is notified of major changes to existing policies and 
any significant developments in its operations, before 
providing non-governmental stakeholders such information, 
before making the changes public and before implementing them.
    COVID-19 and Agricultural Farmworker.--The Committee 
recognizes the risks posed by the COVID-19 pandemic to our 
nation's essential farm workforce as they continue to ensure 
the availability of the food supply. As such, the Department is 
encouraged to prioritize COVID-19 related financial assistance 
to employers of farmworkers who comply with CDC requirements 
for employers to plan and respond to COVID-19, such as ensuring 
adequate social distancing and sanitation.
    Customer Service.--The Committee continues to support 
efforts to improve customer service in accordance with 
Executive Order 13571--Streamlining Service Delivery and 
Improving Customer Service. The Committee directs the Secretary 
to develop standards to improve customer service and 
incorporate the standards into the performance plans required 
under 31 U.S.C. 1115. The Department is further directed to 
brief the Committee, within 60 days of the passage of this Act, 
on its efforts in this regard.
    Diet-related Chronic Diseases.--The Committee is aware that 
the Government Accountability Office (GAO) is currently working 
on a review of the prevalence, direct medical costs, and 
mortality of selected diet-related chronic diseases; what 
federal agency diet-related efforts aim to reduce Americans' 
risk of diet-related chronic disease; and the extent to which 
federal agencies effectively collaborate on these efforts. The 
Committee is very concerned about these issues as well, 
particularly the potential fragmentation among these programs, 
and looks forward to GAO's findings in its upcoming report. The 
Committee directs the Secretary of Agriculture and the 
Commissioner of the Food and Drug Administration, working with 
the other members of the Interagency Committee on Human 
Nutrition Research (ICHNR), to convene a meeting within 30 days 
of the release of the GAO report to address any shortcomings 
identified by GAO in how the various federal agencies and 
departments currently collaborate and utilize federal resources 
to reduce and eliminate diet-related chronic disease. Lastly, 
the Committee directs the USDA and FDA to provide a joint 
briefing to the Committees on the corresponding strategic plan 
within 60 days of the release of the GAO report.
    Disclosures Under the Agricultural Foreign Investment 
Disclosure Act.--The Committee recognizes the national security 
risk posed by foreign investment in domestic agricultural land. 
For this reason, the Committee urges USDA to prioritize the 
tracking and reporting of foreign investment in agricultural 
land and verifying the accuracy of filings made by foreign 
investors who acquire, transfer or hold an interest in U.S. 
agricultural land.
    Emissions Reduction Plan.--The Committee recognizes the 
urgent necessity of reducing greenhouse gas emissions in order 
to mitigate the impacts of global climate change and the 
important role the agriculture sector can play in that effort. 
The Committee encourages USDA to consider climate impacts and 
emissions reductions centrally in its activities and directs 
USDA to provide not later than 180 days after the enactment of 
this Act a report outlining its plans to reduce greenhouse gas 
emissions.
    ERS/NIFA Move.--It has been almost exactly two years since 
the Secretary announced the decision to relocate ERS and NIFA 
outside of the greater Washington, D.C. area. Despite 
objections from the Committee, members of the House and Senate, 
numerous current and former staff of both agencies, and 
stakeholders who depend on the information and support provided 
by each agency, the Department relocated both agencies, 
starting in the summer of 2019. The Committee reiterates its 
frustration at the repeated difficulties it experiences in 
getting basic information about the move from the Department. 
One of the stated reasons for the move was to improve the 
Department's ability to attract and retain highly qualified 
staff. At the time of the relocation announcement, both ERS and 
NIFA each had close to 300 employees. Today, the total number 
of employees for each agency is below 150. ERS and NIFA are 
shells of their former selves and the loss of institutional 
knowledge each agency has suffered will take years to overcome. 
The Committee requests the National Academies of Sciences, 
Engineering, and Medicine to conduct symposia to elucidate the 
effects of the relocation of each agency. The symposium on ERS 
shall include an examination of the policy-oriented work 
conducted by ERS both before and after the relocation and 
identify any gaps in output that might adversely affect the 
quality and quantity of data and analysis available to the 
agency's stakeholders. The symposium on NIFA shall include a 
discussion of the grants management, time to completion of 
grants processing and issuance of letters of funding, and panel 
review processes and associated costs of the agency both before 
and after the relocation and documentation of delays that have 
occurred post-relocation. The Committee expects the symposia to 
clarify the consequences of relocation on the capacity of the 
agencies to deliver their programs and to explore remedial 
actions that could be taken to address any deficiencies that 
arise from the relocation and from attendant disruptions to 
agency functions and personnel.
    Explanatory Notes.--The Committee appreciates receiving the 
detailed information provided in the Explanatory Notes prepared 
by the Department and relies heavily on this information when 
considering budget proposals. Without consultation with or 
approval from the Committee, the Department changed the format 
of these materials for the fiscal year 2021 budget request. For 
fiscal year 2022 and future years, the Department is directed 
to present Explanatory Notes in a format consistent with the 
presentation used for the fiscal year 2020 Budget, with similar 
display and narrative and table contents. The Explanatory Notes 
should also put the accounts in the same order as the accounts 
in the bill. Any deviations from that format are to be approved 
in advance by the Committee.
    The justifications for the fiscal year 2021 budget request 
are also insufficient. Much of the justification materials is a 
restatement of the proposed changes and not an explanation or 
rationale to justify the changes. The Committee cannot support 
proposals in the budget submission that include significant 
changes with no justification and basis. The Committee strongly 
encourages the Department to improve the quality of its budget 
justifications.
    Goodfellow Federal Center.--The Committee provides a total 
of $38,700,000 to start relocating USDA employees from the 
Goodfellow Federal Center in St. Louis, MO. Due to the 
potential environmental hazards at the complex identified in 
the April 2019 GSA Inspector General report, USDA has made 
provisions to move its employees from the facility. The 
Committee understands that USDA is working with GSA to obtain 
relief for buildout and relocation expenses, including 
furniture and equipment costs, for USDA occupants compelled to 
leave the facility for the continued health, safety, and 
welfare of its employees. The Committee directs USDA to 
continue working with GSA to help offset future relocation 
costs and to report regularly on this effort. The Committee 
awaits this information and further progress on the search for 
appropriate facilities before appropriating additional funds.
    Grain Terminals.--The Committee notes the ongoing contract 
negotiations between West Coast grain terminal operators and 
the International Longshore and Warehouse Union and recognizes 
the importance of reaching an agreement that works for both 
parties. A failure to reach an agreement could result in an 
interruption in grain terminal service that would negatively 
impact the nation's grain exports. The Committee urges all 
parties to continue negotiating in good faith to ensure an 
equitable outcome for both grain terminal operators and their 
workers is expeditiously reached.
    Hemp.--The Committee is aware of the difficulty farmers 
face in trying to control the legal tetrahydrocannabinol (THC) 
content of their hemp. The Committee recognizes that these 
challenges are exacerbated by lack of information, best 
practices, and tools to control the hemp content of THC. The 
Committee directs USDA to report to Congress on the number of 
acres of hemp, by state that have been required to be destroyed 
because the crop exceeds the limit 0.3 percent THC content; the 
number of producers, by state, who are found to have a 
negligent violation of the 0.3 percent limit; and the total 
number, by state, of producers whose hemp has been tested for 
THC.
    Loan and Grant Programs.--The Committee directs that if an 
estimate of loan activity for any program funded in Titles II 
and III of this bill indicates that a limitation on authority 
to make commitments for a fiscal year will be reached before 
the end of that fiscal year, or in any event when 75 percent of 
the authority to make commitments has been utilized, the 
Secretary shall promptly notify the Committees through OBPA. 
The Committee directs the Department, through OBPA, to provide 
quarterly reports to the Committees on the status of 
obligations and funds availability for the loan and grant 
programs provided in this bill.
    Lobsters.--The Committee is aware of the President's 
memorandum on protecting the United States lobster industry, 
which is suffering from trade disruptions and the impact of 
COV1D-19. The Committee directs the Secretary to review the 
memorandum and prioritize appropriate assistance to the lobster 
industry.
    National Finance Center.--The National Finance Center (NFC) 
is the largest designated Federal Government Payroll Shared 
Service Provider and it provides integrated payroll and 
personnel services for over 640,000 Federal employees. To 
ensure that thousands of Federal employees' pay and human 
resources services are not interrupted or adversely impacted by 
major organizational changes, the Committee has modified 
requirements under current law relating to NFC payroll and 
shared services operations, missions, personnel, and functions. 
The Committee also directs the USDA to provide quarterly 
reports on full-time equivalent (FTE) levels for each of the 
current NFC divisions, operations, and functions, as well as 
each of the Office of the Chief Financial Officer (OCFO) and 
Office of the Chief Information Officer (OCIO) divisions, 
operations, and functions currently co-located with the NFC. 
The reports also are to include a detailed breakdown of the 
FTEs for each and any of these same divisions, functions, or 
operations for the NFC and the co-located OCFO and OCIO 
functions compared to those during FY 2017 and 2018.
    Native Plant Use Preference.--The Committee continues to 
support the use of locally adapted native plant materials in 
the undertaking of land management activity on Federal lands 
under the jurisdiction of the Department of Agriculture, 
including in maintenance and in restoration in response to 
degradation caused by human activity or natural events (such as 
fire, flood, or infestation). The Committee directs that it be 
the policy of the USDA that preference shall be made, to the 
extent practicable, for the use of locally adapted native plant 
materials in these cases.
    New Initiatives.--The Committee is concerned about the 
Department's tardiness in implementing new initiatives funded 
in the annual appropriations Acts. No later than 60 days after 
enactment, the Department is requested to submit an execution 
strategy for each new initiative funded in this Act. This 
strategy should include, but is not limited to, the steps 
necessary to make funding available, the timeline thereof, 
targeted beneficiaries, and expected results. The Committee 
requests quarterly reports on these initiatives until the 
initiative has been fully implemented.
    Notification Requirements.--The Committee reminds the 
Department that the Committee uses the definitions for 
transfer, reprogramming, and program, project, and activity as 
defined by the Government Accountability Office (GAO). As noted 
in the 2020 Joint Explanatory Statement, a program, project, or 
activity (PPA) is an element within a budget account. PPAs are 
identified by reference to include the most specific level of 
budget items identified in the Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Act, 2020, 
accompanying Committee reports, explanatory statements, and 
budget justifications. The Committee notes that the most 
specific level of budget items in the USDA budget 
justifications is not limited to tables titled ``Project 
Statement''.
    One Health Initiative.--USDA has partnered with the U.S. 
Fish and Wildlife Service, the Food and Drug Administration, 
the Centers for Disease Control and Prevention, the National 
Institutes of Health and the Environmental Protection Agency to 
leverage its resources to address health risks to human and 
animals. The Committee requests a briefing on what USDA is 
currently doing with respect to this initiative.
    Pay Costs.--The Committee provides the requested pay cost 
and FERS costs for all offices and agencies of USDA funded in 
this bill.
    Performance Management.--The Committee is aware of the 
Department's intention to transition from a five-tier 
performance rating system to a two-tier system in the coming 
months. The Committee is concerned about the short comment 
period provided for such a potentially significant shift in 
policy. Prior to finalizing any change to performance 
management policy, the Committee directs the Department to 
survey employees and to reopen the comment period to seek 
additional comments from the public. The Department is further 
directed to brief the Committee within 30 days after the end of 
the comment period. The briefing shall include, but not be 
limited to, results of the employee survey; all comments 
received; plans to address concerns; and data and analysis 
supporting any changes from the current system.
    Protecting Animals with Shelter Grants Program.--The 
Committee provides $3,000,000 for the program. It directs the 
Secretary of Agriculture to continue coordinating with other 
federal agencies to efficiently implement the grant program for 
providing emergency and transitional shelter options for 
domestic violence survivors with companion animals.
    Review of Nutrition Programs.--The Committee encourages the 
Secretary to review Department-wide nutrition programs, with 
the full participation of Indian tribes and tribal 
organizations, to consider ways in which more Native foods can 
be incorporated into these programs where possible and the 
possibility of allowing tribes to provide input into federal 
nutritional guidance that reflects unique Indian tribal need.
    Rural Broadband.--The Committee continues to support the 
Re-Connect program to increase access to broadband connectivity 
in unserved rural communities. The Committee continues to 
direct the Department to target grants and loans to areas of 
the country with the largest broadband coverage gaps. These 
projects should utilize technology that will maximize coverage 
of broadband with the most benefit to taxpayers and the rural 
communities served. Technologies to consider should include, 
but are not limited to, fiber, cable modem, fixed wireless, and 
television white space. The bill includes funding for broadband 
deployment through the Broadband Loan program, Community 
Connect grant program, Distance Learning and Telemedicine 
program and $990,000,000 for the ReConnect program.
    Small Producers.--The Committee recognizes that local farms 
are eager to sell to the emergency food system and contribute 
to the food security of their communities. However, small 
producers face significant barriers acquiring federal third-
party food safety audits such as Good Agricultural Practices 
and Good Handling Practices. The Committee directs the 
Secretary to make assistance available to small producers to 
assist them in taking the steps necessary to participate in 
federal food programs.
    Spending Plans.--The bill continues a provision in Title 
VII that requires USDA to submit spending plans to the 
Committee within 30 days of enactment. Previous versions of 
these plans have not included adequate details that would be 
useful for Committee oversight. Beginning with the fiscal year 
2021 plans, the Committee requests that the USDA spending plans 
include for each program, project, or activity: (1) a 
comparison between the congressional budget justification 
funding levels, the most recent congressional directives or 
approved funding levels, and the funding levels proposed by the 
department or agency; and (2) a clear, concise, and informative 
description/justification. The Committee reminds USDA of 
notification requirements, also included in Title VII, for all 
applicable changes.
    Status of House and Senate Report Language.--The Department 
is directed to include in its fiscal year 2022 Congressional 
Justification, as a single exhibit, a table listing all 
deliverables, with a column for due dates if applicable. The 
Office of Budget and Program Analysis (OBPA) is directed to 
provide updates on the status of House and Senate reports upon 
request from the Committees.
    USDA and the Environmental Protection Agency (EPA) Data 
Sharing Efforts.--The Committee recognizes that the EPA Motor 
Vehicle Emissions Simulator (MOVES) emission modeling system is 
used to estimate emissions for mobile sources for air 
pollutants, greenhouse gases, and air toxics. The Committee 
encourages USDA to work with EPA on sharing and gathering 
blended fuels data necessary for future updates to the MOVES 
model.
    USDA-owned Vehicles.--The Committee awaits the report 
requested in the fiscal year 2020 report on how the Department 
plans to better manage its vehicle fleet.
    USDA presence in Puerto Rico.--The Committee recognizes the 
work undertaken by the National Agricultural Statistics Service 
(NASS) and the Agricultural Marketing Service (AMS) to compile 
data that informs farmers and producers in U.S. jurisdictions. 
The Committee further recognizes the importance of their 
presence in Puerto Rico to have a complete understanding of the 
role of agriculture in Puerto Rico's economy and food 
availability. The Committee notes that the fiscal year 2020 
House report directed NASS to explore reestablishing a physical 
presence in Puerto Rico and report back to the Committees; the 
Committee looks forward to receiving this report. The Committee 
directs the Department to submit a report on the efforts and 
personnel of NASS and AMS in Puerto Rico not later than 60 days 
after the enactment of this Act.
    Vacancy Rates.--The Committee remains concerned with the 
rising number of technical staff and research vacancies at all 
agencies within the Research, Education, and Economics Mission 
Area and strongly encourages USDA to fill these vacancies 
expeditiously.
    Victory Gardens.--The Committee recognizes the pressure the 
COVID-19 pandemic is putting on our food supply chain and on 
vulnerable families. During World War I and World War II, 
Americans grew ``Victory Gardens'' as a patriotic means of 
ensuring food security. The Committee encourages the Secretary 
to use the model of the ``The People's Garden'' and use 
available funds to promote a new ``Victory Garden'' campaign 
across the country to citizens and schools in food insecure 
regions. Funding should be used for seeds and gardening 
education materials.

                          Executive Operations


                     OFFICE OF THE CHIEF ECONOMIST

 
 
 
2020 appropriation....................................       $24,013,000
2021 budget estimate..................................        20,857,000
Provided in the bill..................................        21,251,000
Comparison:
    2020 appropriation................................        -2,762,000
    2021 budget estimate..............................          +394,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Chief Economist, the Committee 
provides $21,251,000, including an increase of $500,000 for the 
U.S. Drought Monitor.

                     OFFICE OF HEARINGS AND APPEALS

 
 
 
2020 appropriation....................................       $15,222,000
2021 budget estimate..................................        15,533,000
Provided in the bill..................................        15,448,000
Comparison:
    2020 appropriation................................          +226,000
    2021 budget estimate..............................           -85,000
 

                          COMMITTEE PROVISIONS

    For the Office of Hearings and Appeals, the Committee 
provides $15,448,000.

                 OFFICE OF BUDGET AND PROGRAM ANALYSIS

 
 
 
2020 appropriation....................................        $9,525,000
2021 budget estimate..................................        20,660,000
Provided in the bill..................................         9,666,000
Comparison:
    2020 appropriation................................          +141,000
    2021 budget estimate..............................       -10,994,000
 

                          COMMITTEE PROVISIONS

    For the Office of Budget and Program Analysis (OBPA), the 
Committee provides $9,666,000. The Committee does not include 
direct funding for activities currently funded through other 
resources such as the Working Capital Fund. The Committee also 
does not approve the requested increases for additional staff. 
Most of these new positions are for new responsibilities the 
office is performing during fiscal year 2020 that were not 
described in the 2020 budget request. The Committee reminds 
OBPA of notification requirements under section 716(d)(3) of 
the fiscal year 2020 Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act.

                Office of the Chief Information Officer


 
 
 
2020 appropriation....................................       $66,580,000
2021 budget estimate..................................       142,812,000
Provided in the bill..................................        73,354,000
Comparison:
    2020 appropriation................................        +6,774,000
    2021 budget estimate..............................       -69,458,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Chief Information Officer, the 
Committee provides an appropriation of $73,354,000. The 
Committee has provided full funding for the costs expected to 
be incurred in fiscal year 2021 for the Goodfellow move. No 
funds are provided for additional staff because of the absence 
of sufficient justification.

                 Office of the Chief Financial Officer


 
 
 
2020 appropriation....................................        $6,028,000
2021 budget estimate..................................        11,104,000
Provided in the bill..................................         6,137,000
Comparison:
    2020 appropriation................................          +109,000
    2021 budget estimate..............................        -4,967,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Chief Financial Officer, the 
Committee provides an appropriation of $6,137,000. The 
Committee does not provide an increase for activities that have 
historically been funded through other means. It also does not 
provide an increase for policy staff in the absence of a 
sufficient justification of need.

           Office of the Assistant Secretary for Civil Rights


 
 
 
2020 appropriation....................................          $901,000
2021 budget estimate..................................           914,000
Provided in the bill..................................           910,000
Comparison:
    2020 appropriation................................            +9,000
    2021 budget estimate..............................            -4,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Assistant Secretary for Civil Rights, 
the Committee provides an appropriation of $910,000.

                         Office of Civil Rights


 
 
 
2020 appropriation....................................       $24,206,000
2021 budget estimate..................................        20,633,000
Provided in the bill..................................        22,875,000
Comparison:
    2020 appropriation................................        -1,331,000
    2021 budget estimate..............................        +2,242,000
 

                          COMMITTEE PROVISIONS

    For the Office of Civil Rights, the Committee provides an 
appropriation of $22,875,000. This includes rent savings from 
the Office's planned move to the South Building of $1,690,000. 
The Committee rejects the inaccurate savings estimate included 
in the budget.

               Office of Safety, Security, and Protection


 
 
 
2020 appropriation....................................             - - -
2021 budget estimate..................................       $24,978,000
Provided in the bill..................................        23,218,000
Comparison:
    2020 appropriation................................       +23,218,000
    2021 budget estimate..............................        -1,760,000
 

                          COMMITTEE PROVISIONS

    For the Office of Safety, Security, and Protection, the 
Committee provides an appropriation of $23,218,000. This 
includes funding previously provided in other accounts that is 
now carried in this account, following a recent reorganization. 
It also includes an increase, as reflected in information 
provided by USDA, for all security needs for the safety of USDA 
personnel, of $2,665,000. This increase is for an emergency 
communication center, contract security guards, physical 
security assessments, and other security assessments. No funds 
are provided for additional staff because of the absence of 
sufficient justification.

                  Agriculture Buildings and Facilities


                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................      $128,167,000
2021 budget estimate..................................       152,830,000
Provided in the bill..................................       108,186,000
Comparison:
    2020 appropriation................................       -19,981,000
    2021 budget estimate..............................       -44,644,000
 

                          COMMITTEE PROVISIONS

    For Agriculture Buildings and Facilities, the Committee 
provides an appropriation of $108,186,000. The Committee 
strongly supports the One Neighborhood initiative for which a 
large increase was requested; however, the budget justification 
did not provide sufficient justification to fund it in full.

                     Hazardous Materials Management


                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................        $4,503,000
2021 budget estimate..................................         3,523,000
Provided in the bill..................................         7,518,000
Comparison:
    2020 appropriation................................        +3,015,000
    2021 budget estimate..............................        +3,995,000
 

                          COMMITTEE PROVISIONS

    For Hazardous Materials Management, the Committee provides 
an appropriation of $7,518,000. The Committee directs the 
Hazardous Materials Management Program and the Hazardous Waste 
Management Program to coordinate their work to ensure there is 
no duplication.

                      Office of Inspector General


 
 
 
2020 appropriation....................................       $98,208,000
2021 budget estimate..................................       100,389,000
Provided in the bill..................................        99,791,000
Comparison:
    2020 appropriation................................        +1,583,000
    2021 budget estimate..............................          -598,000
 

                          COMMITTEE PROVISIONS

    For the Office of Inspector General, the Committee provides 
an appropriation of $99,791,000.
    The Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) (P.L. 116-136) included $750,000 for OIG to 
prevent, prepare for, and respond to coronavirus, domestically 
or internationally.
    Animal fighting.--The Committee is very concerned about 
illegal animal fighting activity. The OIG is encouraged to 
increase its efforts to combat this illegal activity and to 
investigate animal fighting as soon as it has any evidence of 
such illegal activity. The Committee also encourages the OIG to 
audit and investigate USDA enforcement of the Animal Welfare 
Act, the Horse Protection Act, and the Humane Methods of 
Slaughter Act to help improve compliance with these important 
laws.

                     Office of the General Counsel


 
 
 
2020 appropriation....................................       $45,146,000
2021 budget estimate..................................        45,878,000
Provided in the bill..................................        45,579,000
Comparison:
    2020 appropriation................................          +433,000
    2021 budget estimate..............................          -299,000
 

                          COMMITTEE PROVISIONS

    For the Office of the General Counsel, the Committee 
provides an appropriation of $45,579,000.

                            Office of Ethics


 
 
 
2020 appropriation....................................        $4,136,000
2021 budget estimate..................................         4,222,000
Provided in the bill..................................         4,198,000
Comparison:
    2020 appropriation................................           +62,000
    2021 budget estimate..............................           -24,000
 

                          COMMITTEE PROVISIONS

    For the Office of Ethics, the Committee provides an 
appropriation of $4,198,000.

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


 
 
 
2020 appropriation....................................          $800,000
2021 budget estimate..................................           813,000
Provided in the bill..................................         6,109,000
Comparison:
    2020 appropriation................................        +5,309,000
    2021 budget estimate..............................        +5,296,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Under Secretary for Research, 
Education, and Economics, the Committee provides an 
appropriation of $6,109,000. The Committee does not provide the 
requested appropriation for the Office of the Chief Scientist 
as it has been historically funded through inter-agency 
agreements with the agencies in the mission area.
    Agriculture Advanced Research and Development Authority 
(AGARDA).--The Committee notes that Section 7132 of the 2018 
Farm Bill directed the Office of the Chief Scientist to 
complete a strategic plan for AGARDA that demonstrates USDA's 
vision for AGARDA. The Committee directs USDA to complete this 
strategic plan not later than 180 days after the enactment of 
this Act. The plan should include a discussion of how AGARDA 
can work in collaboration with ongoing research programs 
operating in ARS and the National Institute of Food and 
Agricuture (NIFA).
    Enhancing Land-Grant Coordination.--The Committee 
encourages USDA to align the Science Blueprint and the 
Agriculture Innovation Agenda as a method to effectively 
address key challenges facing American agriculture, especially 
with regard to competitive grants. The Committee provides 
$300,000 for USDA to convene a blue-ribbon panel to acknowledge 
the important role that land-grant universities, including 1890 
Institutions, play in food security in the U.S. and around the 
world. The result of the plan should be to evaluate the overall 
structure of research and education through the public and 
land-grant universities to define a new architecture that can 
integrate, coordinate, and assess economic impact of the 
collective work of these institutions. New focuses should be on 
sustainable agriculture production, innovation for small and 
large farming, integration of best practices for land 
management to support carbon capture, and markets to lead to 
better farmer outcomes and incomes.
    Farm of the Future.--The Committee directs the Under 
Secretary to collaborate with NIFA, ARS, and the Office of the 
Chief Economist to issue a competitive grant to an institution 
in the land-grant university system to establish a Farm of the 
Future testbed and demonstration site. The Farm of the Future 
will integrate applied research in precision agriculture, smart 
automation, resilient agricultural practices, applied 
socioeconomics, and improved crop varieties from advanced 
genomics and phenotyping. The site will develop data-driven 
solutions to increase productivity, integrate technology, 
create value added agricultural products, and enhance 
connectivity and resilience for thriving rural communities. The 
Committee includes $4,000,000 for the Farm of the Future 
competitive grant program.
    Nutritional Value of Food.--As USDA develops a 
comprehensive innovation strategy for U.S. agriculture, the 
Committee encourages USDA to fund research efforts assessing 
the nutritional value of agricultural crops in a changing 
climate. In addition, the Committee directs USDA to provide not 
later than 180 days after the enactment of this Act a plan to 
coordinate ongoing and future research efforts at ARS and NIFA 
related to the effects of rising atmospheric carbon dioxide 
levels on the nutritional value of food through USDA's 
Agriculture Innovation Agenda.
    Pollinators and Colony Health Research.--The bill includes 
funding for a pollinator research coordinator as authorized by 
the 2018 Farm Bill.
    Public Access to Research.--The Committee commends USDA on 
issuing its Implementation Plan to Increase Public Access to 
Results of USDA-funded Scientific Research in November of 2014. 
However, the Committee notes that there is still no 
implementation date. The Committee urges USDA to issue an 
implementation date and continue its efforts to fully enact its 
plan and requires an update be included in USDA's fiscal year 
2022 budget request.
    Public-Private Partnership on Open Data Standards.--The 
Committee recognizes the need for neutral data repository 
solutions to preserve and share the big data generated by 
technological advancements in the agriculture industry. The 
Committee includes $1,000,000 for the Under Secretary of 
Research, Education, and Economics to develop a public-private 
cooperative framework based on open data standards for the 
preservation and curation of this data in collaboration with 
land-grant universities. This data would eventually support the 
development of advanced technologies and practices to meet the 
increasingly complex agricultural challenges of farmers and 
ranchers.
    Screening Technologies.--The Committee encourages the 
development of technologies that will provide rapid, portable, 
and facile screening of food fish species at port sites and 
wholesale and retail centers.
    Soil Health and Greenhouse Gas.--The Committee directs USDA 
to establish a Soil Health and Greenhouse Gas Subcommittee 
under the National Agriculture Research, Education, Extension, 
and Economics Advisory Board to provide recommendations on the 
feasibility of establishing reliable outcomes-based measurement 
systems, existing technology that provides reliable measurement 
data, standards for data collection and dissemination, farmer 
data management and privacy, and other issues the Under 
Secretary deems necessary.
    Supervisory Jurisdiction of ARS Sites in Colorado.--The 
Committee encourages the Department to conduct a study to 
determine the effects of moving the ARS Akron, Colorado, site 
under the supervisory jurisdiction of the ARS Fort Collins, 
Colorado, site. The study should consider the impact to rural 
communities in Northeast Colorado and their ability to preserve 
their local research capabilities.

                       Economic Research Service


 
 
 
2020 appropriation....................................       $84,757,000
2021 budget estimate..................................        62,109,000
Provided in the bill..................................        86,703,000
Comparison:
    2020 appropriation................................        +1,946,000
    2021 budget estimate..............................       +24,594,000
 

                          COMMITTEE PROVISIONS

    For the Economic Research Service (ERS), the Committee 
provides an appropriation of $86,703,000. The Committee rejects 
the request to significantly reduce ERS' research activities. 
The Committee includes a total increase of $946,000 for pay and 
retirement contributions.
    Benefits of Conservation and Soil Health Practices.--The 
Committee notes that the environmental benefits of 
participating in voluntary conservation practices such as those 
administered by the Farm Service Agency and the Natural 
Resources Conservation Service have been studied but the long-
term economic dividends of these practices are not well 
understood and may not be readily apparent to those who are 
eligible and considering enrollment. The Committee directs ERS 
to produce a study on the relationship between conservation and 
soil health practices, farm financial health, and crop yield 
variability rates.
    Cover Cropping and Livestock Integration.--The Committee 
directs ERS to produce a study detailing the projected long-
term economic impacts for farmers on the potential economic and 
environmental benefits of integrating livestock into cover 
cropping systems as a way of increasing soil health.
    Data for Puerto Rico.--The Committee directs ERS to take 
all reasonable steps to publish data on farm cash receipts, 
farm income, and agricultural exports for Puerto Rico based on 
the quinquennial estimates provided through the Census of 
Agriculture. The Committee directs ERS to provide not later 
than 180 days after the enactment of this Act a report on its 
efforts to accomplish this goal.
    Impact of Foreign Tariffs.--The Committee is concerned by 
the impact foreign tariffs on agricultural commodities have had 
on our nation's agricultural producers. The Committee directs 
ERS to provide not later than 180 days after the enactment of 
this Act a report detailing, by state and commodity, the 
average amount of revenue lost by agricultural producers as a 
result of foreign tariffs on agricultural commodities.
    Recovering Value from Animal Waste.--The Committee notes 
that last year's House Report directed ERS to issue a report on 
recovering value from animal waste. The Committee looks forward 
to an update on these efforts.
    Soil Health Experts.--The Committee encourages ERS to hire 
staff with expertise in soil health, an area of continued 
importance to U.S. farmers and the food and agriculture 
industry.

                National Agricultural Statistics Service


 
 
 
2020 appropriation....................................      $180,294,000
2021 budget estimate..................................       177,465,000
Provided in the bill..................................       183,434,000
Comparison:
    2020 appropriation................................        +3,140,000
    2021 budget estimate..............................        +5,969,000
 

                          COMMITTEE PROVISIONS

    For the National Agricultural Statistics Service (NASS), 
the Committee provides an appropriation of $183,434,000, of 
which $46,300,000 is for the Census of Agriculture. The 
Committee includes a total of $2,140,000 for pay and retirement 
contributions.
    The Committee does not accept any proposed eliminations or 
reductions of ongoing activities, including Acreage, Crop 
Production and Grain Stocks; Barley acreage and production 
estimates; the Bee and Honey Program; the Chemical Use Data 
Series; the Floriculture Crops Report; and Fruit and Vegetable 
Reports, including in-season forecasts for non-citrus fruit and 
tree nut crops such as pecans. The funding provided will allow 
NASS to resume or begin completion of these reports at the 
frequency levels assumed in fiscal year 2020. NASS is directed 
to resume all of these reports immediately upon enactment of 
this Act.
    NASS Pilot Study.--The Committee includes no funding for 
the NASS Pilot Study proposed in the budget request. While the 
Committee supports the goals of the study, the budget 
justification did not provide sufficient information to support 
the funding. The Committee would like to better understand the 
tools already available to NASS to analyze and match data with 
detailed imagery for improved predictions of harvested acres 
and production. The Committee expects NASS to provide a 
briefing to the Committee on how the goals of the NASS Pilot 
Study can be achieved through better coordination with other 
USDA agencies.
    Tenure, Ownership, and Transition of Agricultural Land 
(TOTAL) Survey.--The Committee notes that the next TOTAL survey 
is part of planned NASS activities in the next Census of 
Agriculture. The Committee expects the next TOTAL survey to 
provide comprehensive data on land ownership, tenure, 
landowners' transition plans, and lease agreements available to 
beginning and socially disadvantaged farmers to understand the 
trends that lead to secure land tenure and thriving farm 
businesses. The Committee encourages the program to look at 
emerging trends in land acquisition connected to innovations in 
farming on small acreage. The Committee also encourages 
collaboration with ERS so that new data provided on the 
economics of the farm of the future can be better utilized.

                     Agricultural Research Service


                         SALARIES AND EXPENSES

 
 
 
2020 appropriation....................................    $1,414,366,000
2021 budget estimate..................................     1,367,970,000
Provided in the bill..................................     1,453,712,000
Comparison:
    2020 appropriation................................       +39,346,000
    2021 budget estimate..............................       +85,742,000
 

                          COMMITTEE PROVISIONS

    For Salaries and Expenses of the Agricultural Research 
Service (ARS), the Committee provides an appropriation of 
$1,453,712,000, including a total increase of $12,846,000 for 
pay and retirement contributions.
    The Committee does not accept the President's budget 
request regarding the reduction or termination of extramural 
and intramural research and expects that extramural and 
intramural research be funded at no less than the fiscal year 
2020 levels, unless otherwise specified.
    The Committee accepts the redirection of $35,000,000 to 
support new research initiatives in precision agriculture, 
long-term agroecosystems research, artificial intelligence 
innovations for agricultural production, and managing excess 
water and controlling erosion, as proposed in the President's 
budget request. The Committee notes that the redirections will 
not reduce overall research funding at any ARS facility but 
will refocus ongoing research activities to support these new 
initiatives while maintaining each participating ARS facility's 
current funding level.
    1890s Partnerships.--The Committee recognizes the 
importance of 1890s Land Grant Institutions and the 
collaborative relationships that have developed with ARS 
research facilities over the years. The Committee directs ARS 
to explore expanding partnerships with 1890s Land Grant 
Institutions on ongoing and new research to ensure future 
beneficial collaborations.
    Aerial Application.--The Committee recognizes the 
importance of aerial application to control crop pests and 
diseases and to fertilize and seed crops and forests. Aerial 
application is useful not only to ensure overall food safety 
and food security, but also to promote public health through 
improved mosquito control and public health application 
techniques. The ARS Aerial Application Technology Program 
conducts innovative research making aerial applications more 
efficient, effective, and precise. This program has yielded 
more effective public health control programs, as well as 
increased efficiencies and greater crop production. Research 
for aerial application serves the public interest as a vital 
tool for the future.
    Agricultural Research Facilities.--The Committee directs 
ARS to explore ways in which its labs could be better utilized, 
in cooperation with non-profits, consortiums, and land grant 
universities, to achieve new scientific goals that benefit the 
nation's food and agriculture system. In addition, the 
Committee encourages ARS to work with the entities listed above 
to develop a smart agriculture industry technology roadmap. 
This research strategy can help guide the future development of 
technology in the agriculture industry and maintain U.S. 
leadership.
    Agriculture Software Tools.--The Committee notes the 
importance of the ARS-developed AgCROS tool and encourages ARS 
to ensure consistency, access, and interoperability of 
strategic research sets from sites across the nation and 
facilitate the development of precision, data-driven tools and 
models.
    Alfalfa Research.--The Committee supports an additional 
$2,000,000 above the fiscal year 2020 level for research into 
alfalfa seed and forage systems, which hold the potential to 
maximize crop yields, increase milk production, and improve 
genetics.
    Animal Research.--The Committee directs ARS to ensure that 
each of its facilities housing animals is adhering to the 
Animal Welfare Act at all times and to submit quarterly reports 
that include both all violations found by APHIS during that 
quarter and the specific actions that will be taken to prevent 
their recurrence.
    Areawide Integrated Pest Management.--The Committee 
supports ARS' efforts on areawide integrated pest management 
and encourages continued efforts to design and implement 
programs across the country.
    Avocado Lace Bug.--The Committee encourages ARS to 
coordinate research efforts with NIFA and APHIS to address the 
impact of the avocado lace bug and the Queensland longhorn 
beetle.
    Barley Pest Initiative.--The Committee provides $1,000,000 
to strengthen the capacity of the barley research 
infrastructure to address major insect, viral, bacterial, and 
fungal threats to the production of high-quality barley.
    Biomass to Fuels.--The Committee encourages ARS to research 
new approaches for using biomass in ways that can optimize 
carbon removal in a manner consistent with advancing 
traditional food and fiber mission objectives.
    Bovine Pleuropneumonia.--The Committee is concerned about 
the potential harm to the cattle industry from contagious 
bovine pleuropneumonia and encourages ARS to partner with 
academia to develop improved diagnostic tests and vaccines for 
this harmful disease.
    Cattle Fever Ticks.--The Committee directs ARS to 
coordinate development of its long-term cattle fever tick 
research program with APHIS efforts under the Cattle Fever Tick 
Eradication Program. Additionally, the Committee encourages ARS 
to develop safe and effective compounds to combat cattle fever 
ticks.
    Cercospora Leaf Spot Disease.--The Committee is concerned 
about the prevalence of the cercospora leaf spot, a destructive 
disease that impacts sugar beet production and results in 
significant losses in root yield and sugar content. The 
Committee supports the work being done by ARS and provides 
$500,000 for its continued efforts to develop management 
solutions to combat cercospora leaf spot disease.
    Chronic Wasting Disease.--The Committee recognizes the 
importance of a live test for cervids potentially affected with 
chronic wasting disease and provides an additional $500,000 
above the fiscal year 2020 level for continued funding for 
research dedicated to the development of such a test, research 
on pathways of transmission, and methods to slow or stop 
contraction of the disease.
    Citrus Greening Disease Research.--The Committee commends 
ARS' research efforts on citrus greening disease and encourages 
the agency to continue working to develop methods to reduce 
transmission and enhance immunity in citrus trees and to work 
with industry, universities, growers, and other partners to 
develop effective control mechanisms. The Committee also 
encourages ARS to coordinate its efforts with the Huanglongbing 
Multi-Agency Coordination (HLB MAC) group.
    Coffee Plant Health Initiative.--The Committee supports the 
research goals of the Coffee Plant Health Initiative.
    Cranberry Research.--The Committee encourages ARS to 
establish a National Center of Excellence in Cranberry Research 
to further ongoing multi-university partnerships. In addition, 
the Committee provides an additional $500,000 above the fiscal 
year 2020 level to address research challenges regarding 
disease control, growing productivity, and nutrient management.
    Crops and Soils Research.--The Committee supports novel 
year-round cropping systems developed by ARS and their 
importance to promoting pollinator nutrition and wellbeing, 
soil health, and water quality. The Committee provides an 
additional $500,000 above the fiscal year 2020 level to further 
these research activities.
    Dietary Manipulation in Broiler Production.--The Committee 
encourages ARS to continue efforts to understand the dietary 
effects of consuming products fed with antibiotic growth 
promoters, particularly poultry products.
    East Coast Shellfish Research.--The Committee provides an 
additional $500,000 above the fiscal year 2020 level to advance 
genetic and physiological research for the development of 
families that are regionally adapted to the wide variety of 
conditions throughout the range of the entire East and Gulf 
Coasts, and to collaborate with industry on technology transfer 
and improved stocks.
    Energy-Water Nexus.--The Committee recognizes the 
importance of the Energy-Water Nexus, and as part of that 
effort, encourages USDA to work with the Department of Energy 
to further research collaborations to develop safe, affordable, 
deployable, energy- and water-efficient technologies for food 
production platforms in order to achieve more energy efficient 
agriculture platforms that could better serve both rural and 
urban communities.
    Fertilizer Innovation Research.--The Committee supports 
research in fertilizer innovations for grain crops to reduce 
costs and volume and minimize runoff. The Committee provides an 
additional $1,000,000 above the fiscal year 2020 level to 
support research on new technologies that can produce equal or 
higher crop yields, be cost effective, reduce nitrogen losses 
in the form of ammonia and NOx, and reduce nutrient losses of 
nitrogen and phosphate, and new fertilizer production 
technologies with reduced waste streams and energy costs. The 
Committee encourages ARS to partner with public and land grant 
universities in pursuit of these technologies.
    Floriculture and Nursery Research Initiative.--The 
Committee recognizes the economic importance of the 
floriculture and nursery sector of agriculture and the 
industry's need for continued innovation. The Committee 
encourages ARS to support the goals of the Floriculture and 
Nursery Research Initiative to secure a more efficient and 
productive floriculture and nursery industry.
    Fruit Fly and Exotic Pest Control.--The Committee provides 
an additional $500,000 above the fiscal year 2020 level for 
additional support and capacity to prevent the spread of fruit 
flies and other exotic pests.
    Genetic Oat Research.--The Committee recognizes the 
potential genetic oat research has to improve disease 
resistance (especially rusts and viruses), genetics, increase 
yields, and develop crop rotation systems that include oats, 
which will enhance the value of oats and provide benefits to 
producers and consumers. The Committee supports and encourages 
ARS to continue its research on oat germplasm, genomics, 
phenomics, disease resistance, and enhanced yields.
    Germplasm Enhancement of Maize.--The Committee continues to 
support germplasm enhancement of maize projects and encourages 
continued cooperation between existing ARS maize germplasm 
programs, industry, and large-scale public sector efforts to 
investigate the interaction of maize genome variation and 
environments.
    Greenhouse Technology Research.--The Committee recognizes 
the importance of advancing greenhouse technology with research 
on pest management and plant nutrients as well as the 
importance of reducing energy costs for greenhouse and 
controlled environment agriculture. The Committee directs ARS 
to continue work on pest management and plant nutrients and 
also develop controlled environment demonstration projects 
aligned with existing ARS technical units focused on greenhouse 
agriculture to provide data on savings and productivity.
    Healthy Soil-Healthy Food-Healthy People.--The Committee 
supports efforts within ARS to encourage the study of enhanced 
food nutritional quality through the Healthy Soil-Healthy Food-
Healthy People initiative.
    Hemp Whole-Genome Bioinformatics.--The Committee encourages 
ARS to conduct genomics and bioinformatics research in 
collaboration with capable institutions to elucidate the 
genetic control of key production and product quality traits of 
the hemp plant. In addition, the Committee also encourages ARS 
to partner with institutions already engaged in such research 
to conduct hemp genetic improvement research and breeding with 
new breeding and editing techniques.
    Hops Research.--The Committee recognizes that the U.S. hops 
industry has experienced unprecedented expansion due to the 
brewing industry's economic growth over the past decade. To 
sustain this growth, new varieties of hops are needed to 
prevent disease and expand production throughout the country. 
The Committee directs ARS to continue to focus on these efforts 
to advance new disease-resistant public hop varieties.
    Horticultural Trade.--The Committee provides $1,000,000 to 
conduct research on postharvest methyl bromide alternatives as 
well as postharvest losses caused by diseases and physiological 
disorders to ensure that high-quality, pest-free goods can 
access markets effectively and lead to an expansion of trade of 
U.S. grown horticultural crops.
    Human Nutrition Research.--The Committee notes that 
maintenance of health throughout the lifespan along with 
prevention of obesity and chronic diseases via food-based 
recommendations are the major emphases of human nutrition 
research. The Committee encourages ARS to address gaps in 
current research at the critical intersections among 
agriculture, economic sustainability, and human nutrition and 
health.
    Industrial Hemp Germplasm.--The Committee recognizes the 
increasing demand for industrial hemp for a variety of uses and 
its growing importance as a crop for U.S. farmers. The 
Committee provides an additional $1,500,000 above the fiscal 
year 2020 level to maintain the hemp germplasm repository.
    Livestock Protection.--The Committee recognizes the 
challenges caused by infectious disease problems arising from 
wildlife-domestic animal agriculture interactions, particularly 
between domestic sheep and wild bighorn sheep. Researchers have 
recently produced an experimental vaccine to protect bighorn 
populations from disease, but much work is still required. The 
Committee encourages ARS to pursue work to determine the role 
of domestic sheep in causing die-offs of bighorn sheep from 
respiratory disease and develop methods to reduce transmission 
and enhance immunity in domestic and bighorn sheep.
    Long-Term Agro-ecosystem Research.--The Committee notes 
that total funding for the Long-Term Agroecosystem Research 
(LTAR) network allows ARS to provide an equal amount to all the 
LTAR sites.
    Lower Mississippi River Basin.--The Committee recognizes 
the groundwater problems in the Lower Mississippi River Basin 
and encourages ARS, in collaboration with university research, 
extension scientists and local stakeholders, to identify gaps 
in water management research and focus efforts on the 
development of conservation and irrigation techniques to reduce 
water usage in agriculture production while maintaining crop 
quality and yield.
    National Agricultural Library.--The Committee encourages 
ARS to maintain a focus on agriculture-related legal issues 
within the National Agricultural Library. The Committee notes 
that as the agriculture sector faces increasing financial 
stress, there is a necessity that agriculture-related legal 
issues be addressed on an increasingly frequent basis. Further, 
agriculture-related legal issues are increasingly complex, and 
the impact of these legal issues continues to broaden in scope. 
The Committee recommends that the National Agricultural Library 
play an important role in assisting all stakeholders with 
understanding these issues.
    National Arboretum Public Access.--The Committee is aware 
of ongoing efforts to develop a new strategic plan for the 
National Arboretum to carry out its missions of research, 
education, and public display gardens. The Committee expects 
that such plan will address necessary security and safety 
enhancements and new signage to enhance public access of the 
National Arboretum. In addition, the Committee directs ARS to 
explore entering into agreements with the District of Columbia 
and private sector partners to fulfill these public access 
improvements.
    National Bio and Agro-Defense Facility (NBAF).--The 
Committee provides funding for Operations and Maintenance 
consistent with the fiscal year 2020 level. The fiscal year 
2020 Appropriations Act included language directing the 
Department to develop a ten-year strategic plan for NBAF. The 
Committee looks forward to understanding the expected cost 
drivers for future operations and maintenance activities at 
NBAF. However, the Committee does include the requested 
$8,000,000 in research at NBAF. This funding can immediately be 
used to strengthen ongoing research capabilities focused on 
foreign, emerging, and zoonotic animal diseases that pose a 
threat to U.S. animal agriculture and public health.
    National Soil Dynamics Laboratory.--The Committee directs 
the National Soil Dynamics Laboratory to coordinate with 
academic and industry partners to conduct research to develop 
sustainable forage-based beef production systems aimed at 
increasing the volume of beef forage products. The research 
should be designed to achieve continued economic and 
environmental sustainability in forage-based beef production 
systems.
    Optimizing Facility Operations.--The Committee notes the 
significant capital investments for new and replacement 
research facilities ARS has received over the past few years. 
As construction nears completion for several of these 
facilities, the Committee directs ARS to coordinate ongoing 
research operations to ensure that when new facilities come 
online, ARS is positioned to fully utilize the new space for 
research activities. In addition, the Committee directs ARS to 
provide not later than 30 days after the enactment of this Act 
a briefing outlining how ARS will optimize operations at new 
facilities and take full advantage of the research capabilities 
that these investments will enable.
    Peanut Research.--The Committee provides an additional 
$1,500,000 above the fiscal year 2020 level to support research 
activities to mitigate aflatoxin contamination in peanuts. The 
Committee directs ARS to enhance ongoing collaborations with 
land grant institutions to further advance research efforts.
    Pecan Genetic Research.--The Committee provides an 
additional $1,500,000 above the fiscal year 2020 level to 
maintain and further pecan genetic diversity and cultivar 
breeding and to advance novel genomic approaches that tap into 
the unique pecan genetic resources held by ARS.
    Pecan Processing Research.--The Committee recognizes the 
need for new pecan processing technologies, in particular 
pasteurization and cracking/shelling technologies, and the 
importance of pasteurization processes for food safety and in 
continuing export growth. The Committee provides an additional 
$1,500,000 above the fiscal year 2020 level to support pecan 
processing research activities to address these issues.
    Rangeland Research.--The Committee provides an additional 
$500,000 above the fiscal year 2020 level for rangeland 
research.
    Regional Climate Hubs.--The Committee supports the role of 
USDA's Climate Hubs and how they supplement ongoing work at 
ARS. The Committee provides an additional $1,000,000 above the 
fiscal year 2020 level to enable better links in USDA research 
programs and the delivery of timely and authoritative tools and 
information to agricultural producers and professionals.
    Roseau Cane.--The Committee continues to direct ARS to work 
with the Animal and Plant Health Inspection Service (APHIS) and 
stakeholders to develop an integrated management program for 
control of the scale insect pest infestation that is destroying 
Roseau cane in the Mississippi River's Delta region along the 
Gulf of Mexico.
    Rural Food Safety Modernization.--The Committee encourages 
ARS to work with institutes of higher education in rural 
communities to address and facilitate the rapid and cost-
effective modernization of food safety and related pathogen or 
contamination detection practices with the goal of reducing and 
raising awareness of food-borne diseases in rural communities 
and local and regional rural food systems.
    Sclerotinia Initiative.--The Committee is aware of the 
importance of controlling Sclerotinia in sunflowers, soybeans, 
canola, edible beans, peanuts, peas, lentils, and chickpeas and 
encourages ARS to continue its support of this initiative.
    Small Fruits Research.--The Committee provides an 
additional $500,000 above the fiscal year 2020 level to improve 
the ability to forecast pest and disease spread, implement 
precision management strategies, mitigate invasive insects, and 
to improve the overall quality of fruit.
    Small Grain Genomics.--The Committee supports research on 
small grain genomics to address national genomic and breeding 
needs for U.S. crops to keep small grains and feed as viable 
crops and continue their substantial contributions to the 
agricultural economy.
    Soft Wheat Falling Numbers Test Research.--The Committee 
recognizes the emerging crisis surrounding wheat starch 
degradation, as detected by the Hagberg-Perten Falling Numbers 
Test, and encourages ARS to continue researching the accuracy 
of the test and the environmental, storage, and genetic 
conditions leading to this quality loss.
    Sorghum.--The Committee recognizes the growing significance 
of sorghum due to water conservation traits and increased 
utilization and supports further research to initiate gene flow 
and pest resistance.
    Specialty Crop Production.--The Committee supports 
increasing research activities focused on specialty crop 
production.
    Spittle Bug.--The Committee encourages ARS to coordinate 
research efforts with NIFA and APHIS to address the impact of 
the spittle bug.
    Sugarcane Research Program.--The Committee provides an 
additional $500,000 above the fiscal year 2020 level to the 
Sugarcane Research Program to support breeding and pathology 
research for the development of high-yielding, biotic and 
abiotic stress resistant cultivars resistant to emerging pests 
and diseases that threaten the sugarcane industry.
    Tropical and Subtropical Research.--The Committee directs 
ARS to coordinate with NIFA, the Forest Service, APHIS, and the 
USDA Climate Hubs to provide to the Committees on 
Appropriations of both Houses of Congress not later than 180 
days after the enactment of this Act a report on research 
relevant to and efforts to assist Hawaii, Puerto Rico, the U.S. 
Virgin Islands, Guam, American Samoa, and the Northern Mariana 
Islands in the following research areas: (1) land and forest 
resource management; (2) enhancing the viability and 
sustainability of local food production systems; (3) biology 
and control of invasive insects, plant diseases, weedy plant 
species, and the development of integrated pest management 
strategies to control them; (4) molecular biology and 
bioengineering advancements on agricultural production and 
human and ecosystem health in tropical and subtropical areas; 
and 5) the application of precision agriculture technologies, 
data, and tools to increase cost efficiencies.
    Urban Agriculture.--The Committee recognizes the value of 
the U.S. Botanic Garden (USBG) in supporting the evolution of 
urban agriculture. The Committee directs ARS to collaborate 
with the USBG to support its efforts to host and serve as an 
educational and training location for local and national 
audiences on topics such as: productive and sustainable urban 
agriculture, food handling and preparation, and nutrition.
    U.S. Sheep Experiment Station (USSES).--The Committee 
recognizes the unique and valuable contributions the USSES 
makes toward increasing the production efficiency of sheep and 
improving sustainable rangeland ecosystems. The Committee is 
pleased by the collaboration of a diverse variety of 
stakeholders on the use of pastures, monitoring of wildlife 
interactions, and studies of mutual interest. The Committee 
encourages ARS to engage directly with stakeholders and state 
and federal agencies with biological expertise to expand 
research programs and urges ARS to continue engaging 
collaborators to ensure the station functions as an 
agricultural research facility while also evaluating 
opportunities through a domestic livestock/wildlife 
collaboration.
    U.S. Wheat and Barley Scab (USWBS).--The Committee 
continues to recognize the importance of the research carried 
out through the USWBS Initiative. Fusarium head blight is a 
major threat to agriculture, inflicting substantial yield and 
quality losses throughout the U.S.
    Whitefly.--The Committee recognizes that whiteflies are an 
emerging pest as a result of developing resistance to many 
pesticides making chemical control difficult and climate 
variability resulting in warmer winters and lower seasonal die 
off. The Committee remains concerned with the whitefly, Bemisia 
tabaci, epidemic which is severely impacting vegetable and 
cotton production in the Southeast United States. The Committee 
provides an additional $1,000,000 above the fiscal year 2020 
level in support of these research efforts.
    Wildfire Smoke Taint Research on Winegrapes.--The Committee 
supports research to identify the compounds responsible for 
smoke taint, establish science-based threshold levels of smoke 
compounds that cause smoke taint, develop mitigation methods to 
reduce or eliminate smoke taint, and study compounds that can 
act as a barrier between the grapes and smoke compounds. In 
addition, the Committee supports research to establish standard 
methodologies for sampling and testing of smoke exposed grapes 
and smoke affected wines. The Committee provides an additional 
$1,000,000 above the fiscal year 2020 level in support of these 
research efforts.

                        BUILDINGS AND FACILITIES

 
 
 
2020 appropriation....................................      $192,700,000
2021 budget estimate..................................        50,000,000
Provided in the bill..................................        11,200,000
Comparison:
    2020 appropriation................................      -181,500,000
    2021 budget estimate..............................       -38,800,000
 

                          COMMITTEE PROVISIONS

    The Committee provides $11,200,000 for Buildings and 
Facilities. The Committee recognizes the national importance of 
the research performed by ARS facilities that are not owned by 
ARS. Ongoing efforts to upgrade ARS facilities to be on par 
with the critical research done by the agency has not addressed 
ARS research done by ARS employees at non-ARS facilities. 
Accordingly, the Committee directs ARS to provide to the 
Committees on Appropriations of both Houses of Congress not 
later than 180 days after the enactment of this Act a long-
term, multi-year plan to guide capital asset and construction 
decisions for new agricultural research facilities focused on 
regionally and nationally important research topics, including 
plant breeding and genetics research and plant germplasm 
preservation.

               National Institute of Food and Agriculture


                   RESEARCH AND EDUCATION ACTIVITIES

 
 
 
2020 appropriation....................................      $962,864,000
2021 budget estimate..................................     1,067,986,000
Provided in the bill..................................       997,729,000
Comparison:
    2020 appropriation................................       +34,865,000
    2021 budget estimate..............................       -70,257,000
 

                          COMMITTEE PROVISIONS

    For Research and Education Activities, the Committee 
provides an appropriation of $997,729,000.
    Agricultural Research Enhancement Awards.--The Committee 
continues to direct that not less than 15 percent of the 
competitive research grant funds be used for USDA's agriculture 
research enhancement awards program, including USDA-EPSCoR, in 
accordance with 7 U.S.C. 450i.
    Agriculture and Food Research Initiative (AFRI).--The 
Committee strongly supports the AFRI program. The Committee 
notes that projects that characterize protein functionality 
from crops to assess their sustainability for use as 
alternatives to conventional animal products are eligible for 
competitive awards in the AFRI program. In addition, the 
Committee supports the sustainable agricultural systems and 
foundational and applied science programs in AFRI and notes 
that projects that focus on research in food science and 
technology in pursuit of food innovation are also eligible for 
competitive awards. The Committee supports the continued 
research goals of the AFRI program.
    Agroecology and Sustainable Food Systems.--The Committee 
recognizes the potential that the fields of agroecology and 
food systems have to increase food security, food self-
sufficiency, sustainable economic development, public health, 
and weather resiliency. The Committee supports research focused 
on agroecology and sustainable food systems and encourages NIFA 
to explore strategic partnerships, interdisciplinary 
educational programming, applied research, policy analysis, 
outreach, and scholarships in these fields as part of its 
ongoing research efforts.
    Alfalfa Seed and Alfalfa Forage Systems.--The Committee 
notes that research into alfalfa seed and alfalfa forage 
systems holds the potential to increase yields, increase milk 
production, and improve genetics. The Committee supports this 
research and its continued focus on enhancing existing breeding 
programs that can improve yields, harvesting, water 
conservation, and create new uses.
    Blockchain Food Traceability.--The Committee notes the 
potential of blockchain technology to revolutionize the 
practice of food traceability, tracking food products from 
origin through every point of contact on the journey to the 
consumer. The Committee is interested in how blockchain 
technology can be utilized to accurately trace food and 
mitigate the risks associated with food contaminated outbreaks 
and to develop effective strategies for controls. The Committee 
encourages NIFA to coordinate research to reduce the risk of 
foodborne illness through the application of blockchain 
technology.
    Childhood Obesity.--The Committee recognizes that NIFA has 
supported important and effective programs that address 
childhood obesity in remote areas and among native and 
underserved populations. The Committee encourages NIFA to 
continue funding these programs to address childhood obesity 
prevention and community health promotion in remote areas and 
among native and underserved populations.
    Citrus Disease Research Program.--The 2014 Farm Bill 
established the Emergency Citrus Disease Research and Extension 
Program, which is intended to discover and develop tools for 
early detection, control, and eradication of diseases and pests 
that threaten domestic citrus production and processing. The 
2018 Farm Bill reauthorized this program and established the 
Emergency Citrus Disease Research and Development Trust Fund to 
provide $25,000,000 per year in mandatory funding for the 
program. The Committee believes research projects funded under 
this authority should be prioritized based on the critical 
threat of citrus greening and encourages NIFA, to the maximum 
extent practicable, to follow the recommendations of the 
National Agricultural Research, Extension, and Education 
Advisory Board's citrus disease subcommittee and to collaborate 
with the HLB MAC group.
    Continuous Living Cover Practices.--The Committee 
recognizes the need to adapt to challenging economic and 
weather conditions by expanding the use of practices that make 
farms more economically and environmentally resilient. The 
Committee encourages NIFA to support research that leverages 
multi-institution efforts to develop continuous living cover 
techniques.
    Crop Degradation.--The Committee is aware of crop 
degradation issues harming agricultural producers. For example, 
starch degradation in Pacific Northwest soft white wheat crops 
led to significant value losses for producers in late 2016. The 
Committee encourages NIFA to conduct research through AFRI into 
soft white wheat crop quality loss to mitigate its impact on 
producers.
    Genome to Phenome.--The Committee recognizes the value of 
leading public and land-grant universities with unique high-
throughput phenotyping and greenhouse facilities and expertise 
for plant science innovation, root and rhizome innovation, and 
food for health. The Committee directs NIFA to use a 
competitive process to issue awards in the Genome to Phenome 
program and urges additional focus on root stocks that increase 
carbon capture and can support grain crop covers.
    Grants for Insular Areas.--The Committee recognizes NIFA 
efforts to strengthen capacity at land-grant institutions in 
the U.S. territories in the areas of instruction, distance 
education, facilities and equipment, and research. The 
Committee emphasizes the importance of continuing the support 
for these institutions and provides an increase to help address 
plant disease and invasive species priorities in the 
territories.
    Interagency Research Programs.--The Committee recognizes 
the important contributions of the Dual Purpose with Dual 
Benefit program jointly managed by NIFA and the National 
Institutes of Health (NIH). The Committee urges continued 
partnership between NIFA, NIH and other relevant federal 
research agencies to develop the next generation interagency 
program using agriculturally important large animal species. 
The Committee supports continuation of cooperative programs to 
further strengthen ties between human medicine, veterinary 
medicine, and animal sciences.
    Livestock and Poultry Waste Research.--The Committee 
recognizes the benefits of improved methods of managing animal 
waste in livestock and poultry production and encourages NIFA 
to support research and development of innovative technologies, 
particularly those that are operationally and economically 
feasible and have a high probability of widespread 
implementation. The Committee notes that direction was included 
in the fiscal year 2019 House report requiring a report from 
NIFA on next steps to develop a comprehensive approach to all 
value chains of manure management to include energy production, 
energy credits, nutrient credits, and mineral supplements, 
taking into consideration the full range of livestock 
production to include cattle, poultry, and swine. The Committee 
has yet to receive this report and expects NIFA to immediately 
rectify this unacceptable delay.
    Multifaceted Tools for Controlling Harmful Algal Blooms 
(HABs) and Huanglongbing.--The Committee encourages NIFA to 
continue research into the use of potent antimicrobials through 
the use of environmentally-friendly integrated nano-delivery 
systems for the purpose of controlling both HABs and 
Huanglongbing. In addition, the Committee encourages NIFA to 
fund research grants that help promote scientific progress 
towards preventing and controlling HABs, including research to 
determine the effectiveness of existing nutrient treatment 
technologies, evaluate the scale-up of emerging nutrient 
treatment technologies and develop new technologies, and 
develop best management practices to help both rural and urban 
communities control nutrients in their watersheds.
    Organic Research and Extension Initiative.--The Committee 
notes that farming without the use of pesticides through 
various agricultural practices or genetic modifications may 
offer yields equal to or greater than farming with pesticides. 
The Committee directs NIFA to submit within 180 days of the 
enactment of this Act a report on ongoing research activities, 
funding opportunities, and implementation grants for scientists 
and farmers seeking to understand and implement pesticide-free 
agricultural practices.
    Sensor Technologies.--The Committee encourages NIFA to work 
cooperatively with non-profit institutions, consortia, and 
land-grant universities to conduct research on advanced sensor 
manufacturing techniques to improve the agricultural industry.
    Soil Health Experts.--The Committee encourages NIFA to hire 
staff with expertise in soil health to better support expanded 
efforts in the soil health and sustainability area and to 
support more education and outreach efforts.
    Soil Health Research.--The Committee recognizes that 
agriculture and land management have important roles to play in 
the development of sustainable practices to address increasing 
concentrations of atmospheric carbon dioxide. The Committee 
urges NIFA to increase its support for research and education 
regarding healthy soils that yield increased productivity and 
increase carbon sequestration capacity.
    Specialty Crop Research Initiative.--The Committee 
recognizes the importance of the Specialty Crop Research 
Initiative (SCRI) in addressing the needs of the specialty crop 
industry through research and extension activities. The 
Committee encourages NIFA to address successive planting 
production and extension as part of ongoing SCRI activities.
    U.S.-Haiti Cooperation.--The Committee recognizes the 
importance of the U.S.-Haiti relationship and encourages NIFA 
to explore further partnerships to build capacity in 
international agricultural research, extension, and teaching, 
including improving agricultural research by encouraging 
research that addresses problems affecting food production and 
security, human nutrition, agriculture, forestry, livestock, 
and fisheries, including local challenges; and supporting and 
strengthening national agricultural research systems in 
developing countries. The Committee notes the importance of 
strengthening the U.S. relationship with Haiti and other 
developing nations in our hemisphere to further international 
market development opportunities.
    Weed Science Research.--The Committee supports the 
establishment of a National Program Leader dedicated to Weed 
Science Research and Management in the U.S. Department of 
Agriculture National Institute of Food and Agriculture.
    The following table reflects the amounts provided by the 
Committee:

                  NATIONAL INSTITUTE OF FOOD AND AGRICULTURE--RESEARCH AND EDUCATION ACTIVITIES
                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                               2020         2021      Committee
             Program/Activity                       Authorization            enacted      estimate    provision
----------------------------------------------------------------------------------------------------------------
Hatch Act.................................  7 U.S.C. 361a-i..............     $259,000     $243,238     $259,000
McIntire-Stennis Cooperative Forestry Act.  16 U.S.C. 582a through a-7...       36,000       28,867       38,000
Research at 1890 Institutions (Evans-Allen  7 U.S.C. 3222................       67,000       53,817       73,000
 Program).
Payments to the 1994 Institutions.........  7 U.S.C. 301 note............        4,000        3,439        4,500
Education Grants for 1890 Institutions....  7 U.S.C. 3152(b).............       23,009       19,336       26,000
Scholarships at 1890 Institutions.........  7 U.S.C. 3222a...............        5,000       10,000       10,000
Education Grants for Hispanic-Serving       7 U.S.C. 3241................       11,200        9,219       13,000
 Institutions.
Education Grants for Alaska Native and      7 U.S.C. 3156................        3,194        - - -        3,194
 Native Hawaiian-Serving Institutions.
Research Grants for 1994 Institutions.....  7 U.S.C. 301 note............        3,801        3,800        4,000
Capacity Building for Non-Land-Grant        7 U.S.C. 3319i...............        5,000        - - -        5,000
 Colleges of Agriculture.
Grants for Insular Areas..................  7 U.S.C. 3222b-2, 3362 and           2,000        - - -        2,000
                                             3363.
Competitive Program for Native Alaskans,    .............................        - - -        5,000        - - -
 Native Hawaiians, and Insular Area
 Institutions.
Agriculture and Food Research Initiative..  7 U.S.C. 3157................      425,000      600,000      435,000
Veterinary Medicine Loan Repayment........  7 U.S.C. 3151a...............        8,000        8,000        9,000
Veterinary Services Grant Program.........  7 U.S.C. 3151b...............        3,000        - - -        3,000
Continuing Animal Health and Disease        7 U.S.C. 3151a...............        4,000        - - -        4,500
 Research Program.
Supplemental and Alternative Crops........  7 U.S.C. 3319d...............        1,000        - - -        1,000
Multicultural Scholars, Graduate            7 U.S.C. 3152(b).............        9,000        - - -        9,000
 Fellowship and Institution Challenge
 Grants.
Secondary and 2-year Post-Secondary         7 U.S.C. 3152(j).............          900        - - -          900
 Education.
Aquaculture Centers.......................  7 U.S.C. 3322................        5,000        - - -        5,000
Sustainable Agriculture Research and        7 U.S.C. 5811, 5812, 5831,          37,000       37,000       39,000
 Education.                                  and 5832.
Farm Business Management..................  7 U.S.C. 5925f...............        2,000        2,000        2,000
Sun Grant Program.........................  7 U.S.C. 8114................        3,000        - - -        3,000
Research Equipment Grants.................  7 U.S.C. 3310a...............        5,000        - - -        5,000
Alfalfa and Forage Research Program.......  7 U.S.C. 5925................        3,000        - - -        3,000
Minor Crop Pest Management (IR-4).........  7 U.S.C. 450i(e).............       11,913       17,000       15,000
Special Research Grants:..................  7 U.S.C. 450i(c).............  ...........  ...........  ...........
    Global Change/UV Monitoring...........  .............................        1,405        - - -        1,405
    Potato Research.......................  .............................        2,750        - - -        2,750
    Aquaculture Research..................  .............................        2,000        - - -        2,000
                                                                          --------------------------------------
        Total, Special Research Grants....  .............................        6,155        - - -        6,155
Necessary Expenses of Research and
 Education Activities:
    Grants Management Systems.............  .............................        7,830        7,924        7,924
    Federal Administration--Other           .............................       11,862       19,346       11,556
     Necessary Expenses.
                                                                          --------------------------------------
        Total, Necessary Expenses.........  .............................       19,692       27,270       19,480
                                                                          ======================================
            Total, Research and Education   .............................     $962,864   $1,067,986     $997,729
             Activities.
----------------------------------------------------------------------------------------------------------------

              NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

 
 
 
2020 appropriation....................................     ($11,880,000)
2021 budget estimate..................................      (11,857,000)
Provided in the bill..................................      (11,857,000)
Comparison:
    2020 appropriation................................           -23,000
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For the Native American Institutions Endowment Fund, the 
Committee provides $11,857,000.

                          EXTENSION ACTIVITIES

 
 
 
2020 appropriation....................................      $526,557,000
2021 budget estimate..................................       484,832,000
Provided in the bill..................................       538,557,000
Comparison:
    2020 appropriation................................       +12,000,000
    2021 budget estimate..............................       +53,725,000
 

                          COMMITTEE PROVISIONS

    For Extension Activities, the Committee provides an 
appropriation of $538,557,000.
    21st Century Extension.--The Committee recognizes that 
changes to traditional extension programs are necessary to meet 
the needs of today's farmers, natural resource challenges, and 
food systems. The Committee directs NIFA to develop a framework 
to incentivize the next generation of digitally sophisticated 
agricultural extension programs in consultation with land-grant 
universities, producers, technology and agricultural industry 
stakeholders, and policymakers.
    Beginning Farmer and Rancher Development (BFRD) Program.--
The Committee encourages NIFA to create partnerships and 
linkages between BFRD and its extension programs to assist 
urban agricultural production in food insecure and nutrient 
short communities across the country.
    Farm and Ranch Stress Assistance Network.--The Committee 
directs NIFA and the Department's Rural Health Liaison to 
coordinate with the Department of Health and Human Services to 
gather and utilize existing data sets prepared by the Centers 
for Disease Control and Prevention on farmer and rancher mental 
and behavioral health. Further, the Committee directs NIFA and 
the Rural Health Liaison to work together to provide a report 
on farmers' and ranchers' mental health status, access to 
behavioral health care, as well as geographic and demographic 
factors that are associated with higher rates of substance use, 
suicide, and job dissatisfaction. The report should also 
discuss barriers to the Department in collecting or accessing 
this information. The Committee directs the Department to 
provide the report not later than 180 days after enactment.
    Farming Opportunities Training and Outreach (FOTO) 
Program.--The Committee urges NIFA, in coordination with NRCS, 
to include training on conservation practices, including 
farming principles and practices that increase biodiversity, 
enrich soils, improve watersheds, and enhance ecosystem 
services for FOTO and BFRD program materials.
    New Technologies for Agricultural Extension.--The Committee 
includes an additional $2,000,000 to better serve the 
Cooperative Extension System by adopting new tools, technology, 
training, and services that will increase entrepreneurial 
opportunities and e-commerce in rural communities where 
sufficient high-speed broadband exists. This effort will allow 
Extension educators to make connections with entrepreneurs in 
rural communities and identify rural service opportunities, 
especially in the areas of health care, education, 
manufacturing, and farming. Examples of the types of activities 
supported include community demonstration days, development of 
a digital literacy curriculum, student and volunteer service 
opportunities, and development of online resources.
    Rural Health and Safety Education Programs.--The opioid 
abuse epidemic is one of the greatest threats facing rural 
America today, and the Committee supports all efforts to 
address this problem through improved health and safety 
education and outreach. Within available funds, $1,000,000 
shall be for competitive external grants for eligible 
institutions to support collaborations with academic medical 
schools to utilize the extension programs to address children's 
wellness, infant mortality, cancer prevention and opioid 
addiction in rural areas.
    The following table reflects the amounts provided by the 
Committee:

                        NATIONAL INSTITUTE OF FOOD AND AGRICULTURE--EXTENSION ACTIVITIES
                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2020          FY 2021         Committee
          Program/Activity                 Authorization           enacted          estimate        provision
----------------------------------------------------------------------------------------------------------------
Smith-Lever Act, Section 3(b) and     7 U.S.C. 343(b) and (c)         $315,000         $299,430         $315,000
 (c) programs and Cooperative          and 208(c) of P.L. 93-
 Extension.                            471.
Extension Services at 1890            7 U.S.C. 3221..........           57,000           48,620           62,000
 Institutions.
Extension Services at 1994            7 U.S.C. 343(b)(3).....            8,000            6,446            8,500
 Institutions.
Facility Improvements at 1890         7 U.S.C. 3222b.........           20,500           19,730           23,000
 Institutions.
Renewable Resources Extension Act...  16 U.S.C. 1671 et. seq.            4,060            4,060            4,060
Rural Health and Safety Education     7 U.S.C. 2662(i).......            4,000            3,000            4,000
 Programs.
Food Animal Residue Avoidance         7 U.S.C. 7642..........            2,500            - - -            2,500
 Database Program.
Women and Minorities in STEM Fields.  7 U.S.C. 5925..........              400              400              400
Food Safety Outreach Program........  7 U.S.C. 7625..........            8,000            8,000           10,000
Food and Ag Service Learning........  7 U.S.C. 7633..........            1,000            - - -            1,000
Farm and Ranch Stress Assistance      7 U.S.C. 5936..........           10,000            8,000           10,000
 Network.
Smith-Lever Act, Section 3(d):......  7 U.S.C. 343(d)........  ...............  ...............  ...............
    Food and Nutrition Education....  .......................           70,000           69,000           70,000
    Farm Safety and Youth Farm        .......................            4,610            4,610            4,610
     Safety Education Programs.
    New Technologies for              .......................            1,550            1,550            3,550
     Agricultural Extension.
    Children, Youth, and Families at  .......................            8,395            8,395            8,395
     Risk.
    Federally Recognized Tribes       .......................            3,200            3,039            3,200
     Extension Program.
        Total, Section 3(d).........  .......................           87,755           86,594           89,755
                                                              --------------------------------------------------
Necessary Expenses of Extension
 Activities:
    Agriculture in the K-12           7 U.S.C. 3152(j).......              552              552              552
     Classroom.
    Federal Administration--Other     .......................            7,790            - - -            7,790
     Necessary Expenses for
     Extension Activities.
                                                              --------------------------------------------------
        )Total, Necessary Expenses..  .......................            8,342              552            8,342
                                                              ==================================================
            Total, Extension          .......................         $526,557         $484,832         $538,557
             Activities.
----------------------------------------------------------------------------------------------------------------

                         INTEGRATED ACTIVITIES

 
 
 
2020 appropriation....................................       $38,000,000
2021 budget estimate..................................        38,000,000
Provided in the bill..................................        39,000,000
Comparison:
    2020 appropriation................................        +1,000,000
    2021 budget estimate..............................        +1,000,000
 

                          COMMITTEE PROVISIONS

    For Integrated Activities, the Committee provides an 
appropriation of $39,000,000.
    Crop Protection and Pest Management Program.--The Committee 
supports the development and implementation of areawide 
integrated pest management (AIPM) projects. The Committee 
directs NIFA to establish within the Crop Protection and Pest 
Management Program an organizational framework and funding plan 
to implement AIPM projects that are to be planned in 
coordination with ARS, APHIS, and other federal agencies and 
implemented by cross-institutional teams, including farmers, 
ranchers, and land managers, at the local level.
    Food and Agriculture Defense Initiative.--The Committee 
recognizes the importance of plant health and early detection 
and diagnostics of new and emerging plant diseases and 
pathogens and the importance of the National Plant Diagnostic 
Network in achieving these goals.
    Organic Transition Program.--The Committee recognizes that 
the shortage of organic knowledge transfer presents a major 
barrier for farmers seeking to transition to organic. 
Additional funding above last year's level shall be used to 
amplify cooperative extension activities to transfer technical 
results from proposed projects and assist conventional farmers 
in transitioning to organic.
    The following table reflects the amounts provided by the 
Committee.

                        NATIONAL INSTITUTE OF FOOD AND AGRICULTURE--INTEGRATED ACTIVITIES
                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                    FY 2021         Committee
          Program/Activity                 Authorization       FY 2020 enacted      estimate        provision
----------------------------------------------------------------------------------------------------------------
Methyl Bromide Transition Program...  7 U.S.C. 7626..........           $2,000           $2,000           $2,000
Organic Transition Program..........  7 U.S.C. 7626..........            6,000            6,000            7,000
Regional Rural Development Centers..  7 U.S.C. 450i(c).......            2,000            2,000            2,000
Food and Agriculture Defense          7 U.S.C. 3351..........            8,000            8,000            8,000
 Initiative.
Crop Protection/Pest Management       7 U.S.C. 7626..........           20,000           20,000           20,000
 Program.
    Total, Integrated Activities....  .......................          $38,000          $38,000          $39,000
----------------------------------------------------------------------------------------------------------------

  Office of the Under Secretary for Marketing and Regulatory Programs


 
 
 
2020 appropriation....................................          $800,000
2021 budget estimate..................................           914,000
Provided in the bill..................................           809,000
Comparison:
    2020 appropriation................................            +9,000
    2021 budget estimate..............................          -105,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Under Secretary for Marketing and 
Regulatory Programs, the Committee provides an appropriation of 
$809,000. The Committee directs USDA to promptly issue the 
final Origin of Livestock rule as required by Section 756 of 
P.L. 116-94.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................    $1,042,711,000
2021 budget estimate..................................     1,032,988,000
Provided in the bill..................................     1,069,817,000
Comparison:
    2020 appropriation................................       +27,106,000
    2021 budget estimate..............................       +36,829,000
 

                          COMMITTEE PROVISIONS

    For the Animal and Plant Health Inspection Service, 
Salaries and Expenses, the Committee provides an appropriation 
of $1,069,817,000. This includes a total increase of $9,689,000 
for pay and retirement contribution.
    The Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) (P.L. 116-136) included $55,000,000 for APHIS to 
prevent, prepare for, and respond to coronavirus, domestically 
or internationally.
    The Committee provides increases for the following 
programs: $2,300,000 for Equine, Cervid, and Small Ruminant 
Health; $3,000,000 for Veterinary Biologics; $2,000,000 for 
Zoonotic Disease Management; $3,717,000 for Cotton Pests; 
$1,000,000 for Horse Protection; and $5,400,000 for Specialty 
Crop Pests.
    Within the amount included for Specialty Crop Pests, the 
Committee includes $64,278,000 for fruit fly exclusion and 
detection; $61,415,000 for citrus health, including $3,000,000 
for the Huanglongbing Multi-Agency Coordination efforts; 
$21,138,000 for the glassy-winged sharpshooter; $6,450,000 for 
the pale cyst nematode; $2,521,000 for the light brown apple 
moth; $5,009,000 for the European grapevine moth; $8,075,000 
for the navel Orangeworm; $5,000,000 for agricultural canine 
inspection teams; and $16,066,000 for spotted lanternfly.
    The following table reflects the amounts provided by the 
Committee:

               Animal and Plant Health Inspection Service


                                              SALARIES AND EXPENSES
                                             (Dollars in Thousands)
----------------------------------------------------------------------------------------------------------------
                                                                                                    Committee
                                                             FY 2020 enacted  FY 2021 estimate      provision
----------------------------------------------------------------------------------------------------------------
Animal Health Technical Services..........................           $37,857           $42,285           $38,167
Aquatic Animal Health.....................................             2,253             2,289             2,278
Avian Health..............................................            62,840            63,517            63,331
Cattle Health.............................................           104,500            97,797           105,441
Equine, Cervid, and Small Ruminant Health.................            26,500            21,129            29,039
National Veterinary Stockpile.............................             5,725             5,744             5,739
Swine Health..............................................            24,800            25,200            25,090
Veterinary Biologics......................................            17,417            20,694            20,618
Veterinary Diagnostics....................................            57,340            52,063            57,654
Zoonotic Disease Management...............................            16,523            16,699            18,651
                                                           -----------------------------------------------------
    Subtotal, Animal Health...............................           355,755           347,417           366,008
Agricultural Quarantine Inspection (Appropriated).........            32,330            33,350            33,070
Cotton Pests..............................................            11,520            11,659            15,338
Field Crop & Rangeland Ecosystems Pests...................            13,826            12,037            13,979
Pest Detection............................................            27,446            27,967            27,824
Plant Protection Methods Development......................            20,686            21,045            20,946
Specialty Crop Pests......................................           192,013           183,079           198,912
Tree & Wood Pests.........................................            60,000            56,336            60,600
                                                           -----------------------------------------------------
    Subtotal, Plant Health................................           357,821           345,473           370,669
Wildlife Damage Management................................           109,756           109,991           110,928
Wildlife Services Methods Development.....................            18,856            19,199            19,106
                                                           -----------------------------------------------------
    Subtotal, Wildlife Services...........................           128,612           129,190           130,034
Animal & Plant Health Regulatory Enforcement..............            16,224            16,542            16,455
Biotechnology Regulatory Services.........................            18,875            27,638            19,066
                                                           -----------------------------------------------------
    Subtotal, Regulatory Services.........................            35,099            44,180            35,521
Contingency Fund..........................................               470               484               480
Emergency Preparedness & Response.........................            40,966            41,512            41,363
                                                           -----------------------------------------------------
    Subtotal, Emergency Management........................            41,436            41,998            41,843
Agriculture Import/Export.................................            15,599            15,822            15,761
Overseas Technical & Trade Operations.....................            24,115            24,265            24,224
                                                           -----------------------------------------------------
    Subtotal, Safe Trade..................................            39,714            40,087            39,985
Animal Welfare............................................            31,310            31,947            31,772
Horse Protection..........................................             1,000               721             2,012
                                                           -----------------------------------------------------
    Subtotal, Animal Welfare..............................            32,310            32,668            33,784
APHIS Information Technology Infrastructure...............             4,251             4,251             4,251
Physical/Operational Security.............................             5,146             5,159             5,155
Rent and DHS Payments.....................................            42,567            42,567            42,567
                                                           -----------------------------------------------------
    Subtotal, Agency Management...........................            51,964            51,977            51,973
                                                           =====================================================
        Total, Direct Appropriation.......................        $1,042,711        $1,032,988        $1,069,817
----------------------------------------------------------------------------------------------------------------

    Agricultural Imports.--The Committee recognizes that there 
may be a need to update APHIS physical facilities, staff 
capabilities, and processes due to the increased volume of 
agricultural imports. The Committee requests a plan to address 
the needs of the programs, including steps to collaborate with 
stakeholders on supplemental inspection and pathogen 
identification services and to improve the transparency of the 
importation process.
    Agriculture Quarantine Inspections.--The Committee 
recognizes that prevention of infestations of pests and 
diseases is much more cost effective than subsequent control or 
eradication. This is an important Federal responsibility and 
the Committee provides $33,070,000 for the agricultural 
quarantine inspections (AQI) function, including pre-departure 
and interline inspections.
    Animal Care Program.--The Committee is deeply concerned by 
how the Animal Care program is being managed. To address these 
concerns, the Committee directs Animal Care to ensure that each 
noncompliance observed by a USDA inspector under the Animal 
Welfare Act, is documented on an inspection report.
    Antimicrobial Resistance.--The Committee provides 
$3,000,000 and directs APHIS to work with a public-private 
partnership focused on combating the global threat of 
antimicrobial resistance across humans, animals, and the 
environment to explore the development of an antimicrobial 
resistance dashboard tool for livestock management, research, 
risk, and stewardship. As part of this work, APHIS must explore 
the feasibility of developing an antimicrobial resistance 
dashboard tool that ensures full compliance with the 
confidentiality protections of the Confidential Information 
Protection and Statistical Efficiency Act. The dashboard should 
securely track the emergence and spread of antimicrobial 
resistant pathogens in livestock production systems, validate 
systematic genetic and management strategies to reduce 
antibiotic use, and build understanding of relationships 
between livestock genetics, the environment, management 
practices, and the dynamics and frequencies of pathogen 
emergence in microbial populations.
    Asian Longhorned Beetle (ALB).--Within the amount provided 
for Tree and Wood Pests, the Committee maintains funding and 
cost share rates for ALB at the 2020 level.
    Biological Control Program.--The Committee maintains the FY 
2020 level for the Biological Control Program within Plant 
Protection Methods Development to continue efforts to suppress 
pest populations.
    Blackbird Predation.--APHIS is responsible for providing 
Federal leadership in managing problems caused by wildlife. The 
Committee is aware of the economic importance of controlling 
blackbird depredation, which affects sunflowers and other 
agricultural crops. The Committee encourages APHIS to take 
action to reduce blackbird depredation in the Northern Great 
Plains.
    Canine Detection and Surveillance.--The Committee 
recognizes the important role APHIS' canines program plays in 
invasive species and disease detection and provides an increase 
of $5,000,000 to support these efforts. The Committee 
encourages APHIS in collaboration with ARS to study the 
feasibility of using canines to detect coffee leaf rust. In 
addition, USDA is directed to enter into cooperative agreements 
with State departments of agriculture and other partners to 
conduct agricultural canine detection and surveillance 
activities.
    Cattle Health.--The Committee maintains the 2020 increased 
funding level for Cattle Health to continue to fund initiatives 
related to eradication of fever ticks for livestock and 
wildlife hosts including but not limited to research, data 
management, infrastructure, and treatment. The Committee is 
concerned that the cattle fever tick quarantine area is 
expanding despite efforts to constrain their spread. To prevent 
movement of livestock and game animals outside of the 
quarantined or high-risk premises, the Committee encourages 
APHIS to use available funds for a cost-share program for the 
construction and repair of livestock or game fencing on private 
lands. The Committee directs USDA, in conjunction with state 
animal health commissions, to develop a strategy to exclude 
wildlife from areas at highest risk of tick spread and identify 
areas that qualify for funds within these areas. The Committee 
reminds USDA that the report on these efforts requested in 
House Report 116-107 is overdue and requests its submission 
immediately.
    Dipping is an approved treatment option for cattle fever 
tick. Within the amount provided, APHIS is urged to continue 
supporting the staffing, cost recovery, record keeping, and 
operation of existing dipping vats as well as to provide 
funding for the staffing of two additional dipping vats at 
livestock markets.
    The Committee also notes that large dense stands of non-
native carrizo cane occupy the banks and floodplains of the Rio 
Grande River, providing favorable habitat for agriculturally 
damaging cattle fever ticks and threatening water supplies for 
agriculture due to its high evapo-transpiration capacity. The 
Committee understands APHIS has been working with ARS on 
biological controls and the U.S. Customs and Border Protection 
(CBP) for mechanical controls. The Committee provides 
$5,000,000 for APHIS to continue to coordinate with ARS, CBP, 
Department of the Interior, the International Boundary and 
Water Commission, the Texas State Soil and Water Conservation 
Board, and other stakeholders on control efforts.
    Center for Veterinary Biologics.--The Committee provides an 
additional $3,000,000 to support the Center for Veterinary 
Biologics with the hiring of new employees to fill vacancies 
that will assist with the regulatory responsibilities under the 
Virus Serum Toxin Act.
    Chronic Wasting Disease (CWD).--Funding is continued in 
Equine, Cervid, and Small Ruminant Health for the national, 
voluntary Herd Certification Program (HCP) and regulations for 
the interstate movement of farmed or captive deer, elk, and 
moose. The cervid industry continues to participate in the 
agency's HCP, which supports the domestic and international 
marketability of U.S. cervid herds. Funds are to be used for a 
combination of surveillance, research, and indemnification for 
culling herds where CWD infection has been found. Currently the 
only reliable test is a brain biopsy. The agency is encouraged 
to utilize resources to help speed up the development of a live 
test for CWD that would greatly decrease the need for 
indemnity. The Committee encourages APHIS to maintain its 
commitment to the HCP and the cervid industry, and directs the 
agency to spend no less than $11,000,000 for cervid health 
activities. Within the funds provided, APHIS should give 
priority to indemnity payments to remove infected animals and 
affected herds as expeditiously as possible.
    The Committee is concerned about the growing threat of CWD 
and its impact on free ranging deer populations. Of the amount 
provided for cervid health activities, no less than $7,000,000 
is provided for APHIS to allocate funds directly to State 
departments of wildlife and State departments of agriculture to 
further develop and implement bovine tuberculosis in cervids 
and CWD management and response activities including 
surveillance and testing as part of an overall management plan. 
In allocating these funds, APHIS shall give priority to States 
that have experienced a recent incident of CWD, have a CWD 
monitoring and surveillance program, and have a diagnostic 
laboratory system certified for CWD testing.
    Citrus Health Response Program (CHRP).--CHRP is a national 
effort to protect the U.S. industry from the ravages of 
invasive pests and diseases. These funds are designed to 
partner with state departments of agriculture and industry 
groups to address the challenges of citrus pests and diseases. 
In addition to the funds provided in this account, the 
Committee encourages APHIS to utilize the funds available in 
the Plant Pest and Disease Management and Disaster Prevention 
Programs account to the greatest extent possible in an attempt 
to sustain the economic viability of the citrus industry.
    Coffee Berry Borer.--The Committee recognizes the 
destructive effects brought by infestation of the Coffee Berry 
Borer insect on coffee production, and the negative impact this 
has on the agricultural sector of Puerto Rico. The Committee 
directs APHIS to actively design a Hierarchical Environment for 
Research Modeling of Ecological Systems, known as the Hermes 
model, to control the prevalence of the Coffee Berry Borer pest 
in this U.S. jurisdiction. The Committee further directs USDA 
to assign the necessary funds to accomplish project objectives. 
APHIS shall submit a report to Congress that includes project 
accomplishments and obstacles by no later than November 30, 
2021.
    Cogongrass.--The Committee continues to provide $3,000,000 
for APHIS to partner with state departments of agriculture and 
forestry commissions in states considered to be the epicenter 
of infestations, to assist with control and treatment of 
cogongrass in order to slow the advancing front of this 
invasive plant-pest species and its impact on forest 
productivity, wildlife habitat, and private landowners.
    Cotton Pests.--The bill provides $15,338,000 for the joint 
Cotton Pests Program. The Committee encourages APHIS and the 
cotton industry to make every effort to ensure the boll weevil 
does not re-infest areas of the U.S. where it has been 
successfully eradicated. The Boll Weevil Eradication Program, 
an outstanding example of a public-private partnership, has 
successfully eradicated the boll weevil from all U.S. cotton-
producing regions except for the extreme lower parts of Texas 
in the Lower Rio Grande Valley (LRGV) bordering Tamaulipas, 
Mexico. Growers in the LRGV, with assistance from APHIS and the 
support of the entire industry, continue to conduct an active 
program to eradicate the boll weevil. The LRGV serves as the 
barrier between boll weevil infested areas of Mexico and boll 
weevil-free areas of the United States.
    Disease Surveillance.--Recognizing the importance of 
disease surveillance among APHIS-inspected animals, the 
Committee encourages APHIS to continue to explore partnerships 
with veterinary medicine programs to establish a formal disease 
surveillance network.
    Emergency Outbreaks.--The Committee continues to include 
specific language relating to the availability of funds to 
address emergencies related to the arrest and eradication of 
contagious or infectious diseases or pests of animals, poultry 
or plants. The Committee expects the Secretary to continue to 
use the authority provided in this bill to transfer funds from 
the CCC for the arrest and eradication of animal and plant 
pests and diseases that threaten American agriculture. By 
providing funds in this account, the Committee is enhancing, 
not replacing, the use of CCC funding for emergency outbreaks.
    Emergency Preparedness and Response.--The Committee 
continues to provide funding for the Animal Care Program to 
coordinate with the Federal Emergency Management Agency on the 
National Response Plan and to support state and local 
governments' efforts to plan for protection of people with 
animals and incorporate lessons learned from previous 
disasters.
    Feral swine.--The Committee maintains the 2020 funding 
level for feral swine eradication efforts. The Committee 
encourages APHIS Wildlife Services to use all approved measures 
as a force multiplier and prioritize states with the highest 
population of feral swine.
    Final rule on horse protection.--The Secretary is strongly 
urged to reinstate and publish the final rule, Horse 
Protection; Licensing of Designated Qualified Persons and Other 
Amendments (Docket No. APHIS-2011-0009), as it was finalized 
and displayed in advance public notice in the Federal Register 
on January 19, 2017, with effective dates adjusted to reflect 
the delay in implementation.
    HLB MAC Group.--The Committee recognizes the significant 
economic impact of this disease on the citrus industry, which 
is especially acute in Florida and a growing concern in both 
Texas and California. The Committee also understands that 
growers are requesting the right to try treatments that have 
begun to show success in early stages of testing. The Committee 
encourages the HLB MAC group to explore and identify new 
methods to expedite the delivery of promising treatments 
directly to willing growers, regardless of the phase of 
observation the treatment is at within the research pipeline. 
Finally, the Committee expects any funds which are redirected 
from existing HLB MAC projects be repurposed to other priority 
HLB MAC projects that are showing promising results in order to 
ensure these critical funds remain committed to help facilitate 
the design and implementation of the rapid delivery pathway to 
growers.
    Horse Protection Act.--The Committee provides $2,000,000 
for enforcement of the Horse Protection Act of 1970 and reminds 
the Secretary that Congress granted the agency primary 
responsibility to enforce this law.
    Huanglongbing Emergency Response.--The Committee maintains 
the 2020 funding levels for HLB emergency response within the 
Specialty Crop Pests line item. The Committee encourages APHIS 
to allocate sufficient resources in order to continue vital 
management, control, and associated activities to address 
citrus greening. The disease, for which there is no cure, has 
caused a reduction in citrus production by over 70 percent 
since 2007 in Florida alone. All citrus producing counties in 
Texas are under quarantine, and California has found the Asian 
Citrus Psyllid, the vector of the disease, in several areas of 
the state, and citrus greening in some residential trees. The 
spread of this disease has called into question the future of 
the domestic citrus industry, costing thousands of jobs and 
millions of dollars in lost revenue. The agency is encouraged 
to support priorities and strategies identified by the HLB MAC 
group which will benefit the citrus industry. The agency should 
appropriately allocate resources based on critical need and 
maximum effect to the citrus industry.
    The Committee also provides $8,500,000 for citrus health to 
support priorities and strategies identified by the HLB MAC 
group. The HLB MAC is focused on solutions to help the citrus 
industry, and the cooperative nature of federal, state, and 
industry representatives in this group is expected to result in 
the development of tools and techniques to address this 
devastating disease. The MAC has been an effective resource in 
helping growers explore new possible solutions. The agency 
should appropriately allocate resources based on critical need 
and maximum impact to the citrus industry. These citrus health 
activities directly protect citrus production on approximately 
765,000 acres in the United States worth more than $11 billion 
in total.
    In and Out Bound Market Access Report.--The Committee 
awaits the report from APHIS on U.S. out-bound and foreign in-
bound agricultural market access.
    Inspection Reports.--The bill provides $31,772,000 for the 
Animal Welfare program in order to ensure that minimum 
standards of care and treatment are provided for certain 
animals bred for commercial sale, used in research, transported 
commercially, or exhibited to the public.
    This level includes funding to support the agreement 
between APHIS and ARS, under which APHIS conducts compliance 
inspections of ARS facilities to ensure compliance with the 
regulations and standards of the Animal Welfare Act. The 
Committee directs APHIS to conduct inspections of all such ARS 
facilities and to post the resulting inspection reports on line 
in their entirety without redactions except signatures. The 
Committee continues to direct APHIS to transmit to the 
Committees all inspection reports involving ARS facilities, 
including pre-compliance inspections. These facilities involve 
federal funds over which this Committee has oversight 
responsibilities. APHIS is directed to include every violation 
its inspectors find and never to frustrate the Committee's 
oversight activities by using so-called ``teachable moments''' 
or other means of not reporting ARS facility violations.
    National Animal Health Laboratory Network (NAHLN).--The 
laboratories within the NAHLN network are on the frontline for 
detection of newly identified and reemerging animal diseases. 
NAHLN laboratories provide a critical contribution to animal 
and public health. The bill continues to provide funding for 
NAHLN through both APHIS and NIFA at approximately $12,700,000 
and $4,300,000, respectively, resulting in a total investment 
of no less than $17,000,000 for fiscal year 2021. This amount 
is in addition to mandatory funding provided through the 2018 
Farm Bill for Animal Disease Prevention and Management. The 
Committee encourages the Department to provide robust funding 
from the 2018 Farm Bill for NAHLN. These laboratories were 
invaluable during the 2015 outbreak of HPAI, which 
significantly increased testing needs. At the same time, NAHLN 
laboratories must also continue testing for other animal 
diseases of concern.
    National Clean Plant Network (NCPN).--Of the funds made 
available for the National Clean Plant Network (NCPN), 
appropriate consideration shall be provided for equipment 
purchases to ensure the establishment of a redundant diagnostic 
and therapy center for the NCPN-Berries. Further, funding for 
the NCPN-Berries diagnostic center shall be no less than the FY 
2020 level. The Committee also expects a full report within 90 
days of enactment detailing the history of the NCPN-Berries 
program, the complete plan for future work, and the effort to 
establish adequate diagnostic and therapeutic redundancy.
    National Honeybee Disease Survey Report.--The Committee 
continues funding the survey at the 2020 level. Since 2009, a 
national survey of honeybee pests and diseases has been funded 
annually by APHIS along with other federal and non-federal 
partners to document which bee diseases, parasites, or pests of 
honeybees are present and/or likely absent in the U.S. This 
information will help place current and future epidemiological 
studies in context and thus may indirectly help investigations 
of emerging conditions.
    Pacific Ants.--Congress encourages APHIS, ARS, and the 
Forest Service to lead the revision of the Biosecurity Plan for 
Invasive Ants in the Pacific, in collaboration with U.S. and 
international partners. The plan should include (1) research; 
(2) the development of technologies and methodologies for 
prevention, eradication and control of invasive ants; and (3) 
the collaborative implementation of projects to prevent, 
monitor and control invasive ants in affected Pacific islands.
    Pale Cyst Nematode Eradication.--The Committee includes 
funding to maintain resources for the pale cyst nematode 
eradication program at the 2020 level in order to continue with 
successful efforts to eradicate this pest. If left untreated, 
this pest could spread, affecting other crops.
    Roseau Cane.--The Committee remains concerned with the 
invasive species-scale insect pest that is destroying Roseau 
cane in the Mississippi River Delta region along the Gulf of 
Mexico. The Committee directs APHIS to continue to work with 
ARS and stakeholders and continues to provide no less than 
$2,000,000 within Field Crop and Rangeland Ecosystems Pests to 
further develop an integrated management program for control of 
the Roseau cane scale insect pest infestation.
    Searchable databases.--The Committee directs APHIS to 
ensure that the searchable databases in Section 788 of P.L. 
116-94 are searchable at least to the same extent that they 
were on January 30, 2017 in terms of both function and content.
    Spotted Lanternfly.--The Committee continues to be 
concerned about the recent Spotted Lanternfly outbreak and 
provides an increase of $4,000,000 to support efforts in 
combatting this pest.
    Wildlife Services.--The Committee is aware that Wildlife 
Services has worked with landowners to deploy nonlethal 
strategies, e.g., fladry, electric fencing, and livestock 
guardian dogs, to reduce predator depredation on livestock. In 
FY 2020, the Committee provided an increase of $1,380,000 for 
Wildlife Services to hire personnel exclusively to: (1) promote 
and implement nonlethal livestock-predator conflict deterrence 
techniques in selected states; and (2) assist in providing 
training in these techniques to agricultural producers, 
landowners, and other agency personnel in collaboration with 
the National Wildlife Research Center. This would include 
research on monitoring methods for efficacy of non-lethal 
control methods implemented to reduce predation. The Committee 
is maintaining this level of funding for this purpose in FY 
2021.

                        BUILDINGS AND FACILITIES

 
 
 
2020 appropriation....................................        $3,175,000
2021 budget estimate..................................         2,574,000
Provided in the bill..................................         3,175,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................          +601,000
 

                          COMMITTEE PROVISIONS

    For Buildings and Facilities of the Animal and Plant Health 
Inspection Service, the Committee provides $3,175,000.

                     Agricultural Marketing Service


                           MARKETING SERVICES

 
 
 
2020 appropriation....................................      $186,936,000
2021 budget estimate..................................       148,440,000
Provided in the bill..................................       188,891,000
Comparison:
    2020 appropriation................................        +1,955,000
    2021 budget estimate..............................       +40,451,000
 

                          COMMITTEE PROVISIONS

    For Marketing Services of the Agricultural Marketing 
Service (AMS), the Committee provides an appropriation of 
$188,891,000. This amount includes an increase of $2,000,000 to 
fund the National Organic Standards program at $18,000,000, 
doubling the program in just five years. The bill also includes 
$8,000,000 for the Farmers Market and Local Food Promotion 
Program authorized under the Local Agriculture Market Program 
(LAMP) in the Agriculture Improvement Act of 2018. Together 
with the Value-Added Producer Grant Program, the bill provides 
a total of $20,000,000 for LAMP. This amount is in addition to 
$50,000,000 of mandatory funds available for LAMP in fiscal 
year 2021. The bill maintains funding for the Acer Access and 
Development Program at $6,000,000. The bill also provides a 
total increase of $1,809,000 for pay and retirement 
contribution.
    The Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) (P.L. 116-136) included $45,000,000 for AMS to 
prevent, prepare for, and respond to coronavirus, domestically 
or internationally.
    Current Oversupply of Fresh Potatoes.--The committee 
encourages AMS to pursue purchases of fresh potatoes, including 
those that can also be used for processing and for frozen 
potato products.
    National Organic Program (NOP).--There continues to be 
concern about fraud in the organic program, especially among 
imports. AMS is directed to continue providing the Committee 
with timely updates on investigations of fraud in organic 
markets. The Committee requests that additional funding 
provided in the bill for NOP be focused on proactive risk-based 
investigations and oversight, enhanced training for certifiers, 
and standards development.
    Organic Production and Market Data Initiative.--The 
Committee notes that the 2018 Farm Bill provides $5,000,000 for 
the Organic Production and Market Data Initiative. Accurate 
data for the production, pricing and marketing of organic 
products is essential to maintaining stable markets, 
identifying fraud, creating risk management tools, and tracking 
production trends. The National Organic Program should require 
mandatory reporting by accredited certifying agents on 
aggregate production area certified by crop and location in 
order to accurately calculate organic acreage and yield 
estimates on a country-by-country basis. USDA shall report to 
Congress within one year on the department's current collection 
and publication of organic data and identify gaps in the 
reporting or collection of organic specific data.
    Shelf Stable Items in Farmers to Families Program.--The 
Committee encourages USDA to consider purchasing shelf stable 
items, such as dehydrated potatoes, during any expansion of the 
program.

                 LIMITATION ON ADMINISTRATIVE EXPENSES

 
 
 
2020 limitation.......................................     ($61,227,000)
2021 budget limitation................................      (60,982,000)
Provided in the bill..................................      (61,227,000)
Comparison:
    2020 limitation...................................             - - -
    2021 budget limitation............................          +245,000
 

                          COMMITTEE PROVISIONS

    The Committee provides a limitation of $61,227,000 on 
Administrative Expenses of the Agricultural Marketing Service.

    FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................     ($20,705,000)
2021 budget estimate..................................      (20,705,000)
Provided in the bill..................................      (20,705,000)
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For the Marketing Agreements and Orders Program, the 
Committee provides a transfer from Section 32 funds of 
$20,705,000. The following table reflects the status of this 
fund:

               ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD FISCAL YEARS 2020-2021
                                             (Dollars in Thousands)
----------------------------------------------------------------------------------------------------------------
                                                                      FY 2020         FY 2021        Committee
                                                                      enacted        estimate        provision
----------------------------------------------------------------------------------------------------------------
Appropriation (30% of Customs Receipts).........................     $15,123,425     $22,696,566     $22,696,566
Less Transfers:
    Food and Nutrition Service..................................     -13,535,592     -21,081,566     -21,081,566
    Commerce Department.........................................        -183,833        -184,000        -184,000
                                                                 -----------------------------------------------
        Total, Transfers........................................     -13,719,425     -21,265,566     -21,265,566
Budget Authority, Farm Bill.....................................       1,404,000       1,431,000       1,431,000
    Appropriations Temporarily Reduced--Sequestration...........               0               0         -71,136
                                                                 -----------------------------------------------
        Budget Authority, Appropriations Act....................       1,404,000       1,431,000       1,359,864
Less Obligations:
    Child Nutrition Programs (Entitlement Commodities)..........         485,000         485,000         485,000
    State Option Contract.......................................           5,000           5,000           5,000
    Removal of Defective Commodities............................           2,500           2,500           2,500
    Disaster Relief.............................................           5,000           5,000           5,000
    Additional Fruits, Vegetables, and Nuts Purchases...........         206,000         206,000         206,000
    Fresh Fruit and Vegetable Program...........................         179,000         183,000         183,000
    Estimated Future Needs......................................         392,667         487,049         415,913
                                                                 -----------------------------------------------
        Total, Commodity Procurement............................       1,275,167       1,373,549       1,302,413
Administrative Funds:
    Commodity Purchase Support..................................          35,853          36,746          36,476
    Marketing Agreements and Orders.............................          20,705          20,705          20,705
                                                                 -----------------------------------------------
        Total, Administrative Funds.............................          56,558          57,451          57,451
                                                                 -----------------------------------------------
    Total Obligations...........................................      $1,331,725      $1,431,000      $1,359,864
----------------------------------------------------------------------------------------------------------------

    Cranberry Purchases.--The Committee remains concerned about 
low cranberry commodity prices and associated farm losses that 
US cranberry producers have incurred over the past three years. 
Retaliatory tariffs in major export markets coupled with high 
yields across major producing areas have negatively impacted 
efforts by the industry and USDA to expand new markets and 
address current pressures on farm income. The Committee expects 
USDA to continue closely monitoring the cranberry industry 
markets and to initiate a Section 32 purchase of cranberry 
products if an economic analysis supports such a buy and if 
there are recipients who can accept the products.

                   PAYMENTS TO STATES AND POSSESSIONS

 
 
 
2020 appropriation....................................        $1,235,000
2021 budget estimate..................................             - - -
Provided in the bill..................................         1,235,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................        +1,235,000
 

                          COMMITTEE PROVISIONS

    For Payments to States and Possessions, the Committee 
provides an appropriation of $1,235,000.

        LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

 
 
 
2020 limitation.......................................     ($55,000,000)
2021 budget limitation................................      (55,000,000)
Provided in the bill..................................      (55,000,000)
Comparison:
    2020 limitation...................................             - - -
    2021 budget limitation............................             - - -
 

                          COMMITTEE PROVISIONS

    The Committee includes a limitation on inspection and 
weighing services expenses of $55,000,000.

             OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

 
 
 
2020 appropriation....................................          $800,000
2021 budget estimate..................................           813,000
Provided in the bill..................................           809,000
Comparison:
    2020 appropriation................................            +9,000
    2021 budget estimate..............................            -4,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Under Secretary for Food Safety, the 
Committee provides an appropriation of $809,000.

                   Food Safety and Inspection Service


 
 
 
2020 appropriation....................................    $1,054,344,000
2021 budget estimate..................................     1,092,405,000
Provided in the bill..................................     1,088,552,000
Comparison:
    2020 appropriation................................       +34,208,000
    2021 budget estimate..............................        -3,853,000
 

                          COMMITTEE PROVISIONS

    For the Food Safety and Inspection Service (FSIS), the 
Committee provides an appropriation of $1,088,552,000. This 
amount includes $7,300,000 for the relocation of the Mid-
Western Laboratory, $4,684,000 for Information Technology 
modernization investments, $1,000,000 for the inspection of 
wild caught invasive species in the order siluriformes and 
family Ictaluridae, including blue catfish in the Chesapeake 
Bay, and resources for the Consumer Safety Inspection 
Conversion.
    The Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) (P.L. 116-136) included $33,000,000 for FSIS to 
prevent, prepare for, and respond to coronavirus, domestically 
or internationally.
    The following table reflects the Committee's 
recommendations for fiscal year 2021:

                   FOOD SAFETY AND INSPECTION SERVICE
                         [Dollars in Thousands]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Federal Inspection....................................          $970,197
Public Health Data Communication Infrastructure System            34,580
International Food Safety and Inspection..............            17,045
State Food Safety and Inspection......................            66,730
                                                       -----------------
    Total, Food Safety and Inspection Service.........        $1,088,552
------------------------------------------------------------------------

    Beef Inspection.--The Committee is concerned about FSIS' 
consideration of line-speed waivers for beef slaughter plants. 
The Committee objects to any process that bypasses the 
longstanding process of public notice and input. The Committee 
directs any proposed changes to the beef inspection system go 
through the normal regulatory process and be published in the 
Federal Register.
    COVID-19 Response.--FSIS is responsible for ensuring the 
safety of the nation's meat and poultry supply, while ensuring 
the safety of its inspectors. During the COVID-19 outbreak, 
FSIS has tragically failed to protect its workforce. At least 
four FSIS inspectors have died from COVID-19. USDA failed to 
promptly provide Personal Protective Equipment to inspectors. 
Additional mitigation measures to protect inspectors from 
COVID-19 risks should have been implemented much more quickly, 
including mandatory social distancing and increased screening 
measures in establishments to reduce the spread of COVID-19. 
FSIS also relocated inspectors from closed establishments that 
had had COVID-19 outbreaks to other establishments, potentially 
increasing the spread of the disease and placing other people 
at risk. FSIS is directed, effective when this bill is reported 
by the full committee, to publish on its website the number of 
confirmed COVID-19 cases and deaths among FSIS inspectors and 
to update those numbers within five business days of receiving 
any updated numbers.
    FSIS Rulemaking.--The Committee has reviewed the Inspector 
General's (IG) recent report on the rulemaking process relating 
to worker safety analysis that was used to develop the 
modernized swine slaughter rule. The Committee is deeply 
concerned with the IG's findings about the shortcomings in 
meeting transparency requirements and determining the 
reliability and quality of worker safety data used in the 
rulemaking. The Committee directs FSIS to expeditiously 
implement all recommendations identified in the IG report. The 
agency shall brief the Committee within 60 days of enactment on 
updates to the internal procedures on rulemaking and 
communication efforts with the public on the data used in 
developing the rule.
    Humane Methods of Slaughter.--The Food Safety and 
Inspection Service shall ensure that all inspection personnel 
conducting humane handling verification procedures receive 
robust initial training and periodic refresher training on the 
FSIS humane handling regulations, FSIS humane handling and 
slaughter directives, and proper use of the Humane Activities 
Tracking System. The Committee directs the agency to resume 
preparation and online posting of the Humane Handling Quarterly 
Reports, to include: (1) the number of humane handling 
verification procedures performed, (2) the number of 
administrative enforcement actions taken, (3) time spent on 
Humane Handling Activities Tracking System activities, and (4) 
comparisons of these measurements by plant size and FSIS 
district.

                                TITLE II


               FARM PRODUCTION AND CONSERVATION PROGRAMS


   Office of the Under Secretary for Farm Production And Conservation


 
 
 
2020 appropriation....................................          $901,000
2021 budget estimate..................................         1,141,000
Provided in the bill..................................           916,000
Comparison:
    2020 appropriation................................           +15,000
    2021 budget estimate..............................          -225,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Under Secretary for Farm Production 
and Conservation (FPAC), the Committee provides an 
appropriation of $916,000.
    Acreage Adoption Initiative.--The Committee recognizes the 
conservation benefits of USDA's new pilot program, CLEAR30. The 
Committee encourages USDA, through the Lake Erie Basin Project, 
to explore creating a similar pilot project that allows farmers 
to adopt an acre of land around the basin to survey and 
research soil nutrient outcomes, through experiments with cover 
crops, phosphorus, carbon dioxide, and nitrogen. The Committee 
directs NRCS to inform the Committee of the pilot program's 
feasibility.
    Agricultural Labor.--The Committee is concerned with the 
lack of available domestic agricultural workers and the 
increasing demand for agricultural labor across the United 
States. For this reason, the Committee encourages the Secretary 
to report to the Committee on the size of the agricultural 
workforce in the United States. The report should include the 
number of workers in the current agricultural labor force and 
the number of agricultural job vacancies in the United States. 
The report should assess both year-round and seasonal 
agricultural labor.
    Information Technology Briefing.--The Committee directs the 
Under Secretary to provide briefings during fiscal year 2021 on 
the development and combination of information technology 
systems, specifically farm program modernization and the latest 
updates to the farmers.gov website.
    Livestock Indemnity Payments.--The Committee is concerned 
the current process for producers to apply for reimbursement 
due to attacks by animals under the Livestock Indemnity Program 
is burdensome and does not fully compensate producers for their 
loss. The Committee directs the Secretary to provide a report 
to the Committee within 180 days of enactment on factors 
contributing to producers' challenges in the application 
process for the Livestock Indemnity Program. The report shall 
examine ways to streamline, simplify, and improve the 
application process for producers, and make recommendations on 
possible methods to fully and fairly compensate producers for 
direct and indirect costs of eligible attacks.
    Livestock Indemnity Payments for Adverse Weather.--The 
Committee is aware that millions of farmed animals die each 
year due to the effects of adverse weather. Extreme weather 
events are occurring at increased frequency, putting additional 
livestock at risk. The Committee recognizes the importance of 
disaster planning and directs the Department to work with 
producers that want to voluntarily develop disaster plans to 
prevent livestock deaths and injuries.
    Watershed Projects.--The Committee directs the Secretary to 
report on the status of all federally funded watershed projects 
throughout the States and territories that remain unfinished or 
incomplete due to lack of funds. The Committee encourages the 
Department to focus on active projects that are over 50 percent 
complete and where participating states and territories have 
contributed their share of the project costs.

            Farm Production and Conservation Business Center


                         SALARIES AND EXPENSES

 
 
 
2020 appropriation....................................      $203,877,000
2021 budget estimate..................................       243,602,000
Provided in the bill..................................       232,194,000
Comparison:
    2020 appropriation................................       +28,317,000
    2021 budget estimate..............................       -11,408,000
 

                          COMMITTEE PROVISIONS

    For the Farm Production and Conservation Business Center 
(FPAC BC), the Committee provides an appropriation of 
$232,194,000. While the Committee strongly supports FPAC's 
digital records initiative request, especially efforts to 
improve the efficiency and effectiveness of field offices by 
eliminating paper forms, it is concerned with the large lapsing 
balances in the FPAC Mission Area at the end of fiscal year 
2019. The Committee will continue to monitor these balances to 
determine appropriate funding levels.
    Process Modernization.--The Committee recognizes that 
implementing the requirements of the 21st Century Integrated 
Digital Experience Act will enable the FPAC BC to improve 
digital service delivery for farmers, ranchers and internal 
workflows. The Committee supports FPAC BC's efforts to 
modernize its internal and external digital services and 
encourages FPAC BC to continue focusing on requirements that 
will most effectively modernize farmer-facing services, 
including modernizing its paper-based forms.

                          Farm Service Agency


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

----------------------------------------------------------------------------------------------------------------
                                                                              Transfer from
                                                           Appropriation     program accounts    Total, FSA S&E
----------------------------------------------------------------------------------------------------------------
2020 appropriation.....................................      1,122,837,000      (291,377,000)      1,414,214,000
2021 budget estimate...................................      1,104,684,000      (294,114,000)      1,398,798,000
Provided in the bill...................................      1,152,323,000      (294,114,000)      1,446,437,000
Comparison:
    2020 appropriation.................................        +29,486,000         +2,737,000        +32,223,000
    2021 budget estimate...............................        +47,639,000              - - -        +47,639,000
----------------------------------------------------------------------------------------------------------------

                          COMMITTEE PROVISIONS

    For Salaries and Expenses of the Farm Service Agency (FSA), 
the Committee provides an appropriation of $1,152,323,000 and 
transfers of $294,114,000 for a total program level of 
$1,446,437,000.
    The Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) (P.L. 116-136) included $3,000,000 for the Farm 
Service Agency to prevent, prepare for, and respond to 
coronavirus, domestically or internationally.
    Dryland Farming.--The Committee recognizes the importance 
of the authority granted to the Secretary in the 2018 Farm Bill 
to permit dryland agricultural uses on land enrolled under a 
Conservation Reserve Enhancement Program (CREP) agreement and 
encourages the use of this discretion to permit dryland 
agriculture within new or modified CREP projects where 
irrigated agriculture is currently taking place.
    Heirs Property.--The Committee acknowledges and appreciates 
the listening sessions conducted by the FSA on heirs property 
issues and encourages the FSA to continue to work with local 
persons knowledgeable about heirs property issues and to 
implement the program in such a way that it is accessible to 
those who could benefit. The Committee directs FSA to inform 
the Committee on how it will implement input from the listening 
sessions. The Committee also directs the FSA to create a 
strategic plan that addresses issues that could prevent heirs 
property owners from accessing and benefiting from the program, 
including the difficulties of collateralization for those with 
limited assets and credit history.
    Noninsured Crop Disaster Assistance Program (NAP) 
Fairness.--The Committee is aware of the recent ruling from the 
USDA National Appeals Division finding that the FSA did not 
follow its own rules while attempting to adjust the approved 
yields for farmers and ranchers in Rio Arriba County, NM. 
Within 120 days of the enactment of this legislation, USDA 
shall review the Farm Service Agency's actions, consistent with 
this ruling, and provide a report to the Committee on which 
counties in the United States may have been impacted by similar 
decisions from State FSA directors and what mitigating actions 
the Agency plans to take. The Committee directs the USDA to 
provide equitable relief to the impacted farmers and ranchers 
and directs USDA to make reforms to the NAP policies and 
procedures to ensure farmers and ranchers are held harmless 
when errors are discovered.
    Small Farms.--The Committee is concerned that a majority of 
financial and technical assistance goes to larger farmers. The 
Department should make every effort to reach smaller farmers. 
The committee awaits the report on small farms as directed by 
House Report 116-107.
    Staffing Levels.--The Committee is concerned about staffing 
shortages at FSA offices. No later than 90 days from the 
enactment of this Act, the Committee directs the Secretary to 
submit a report to Congress with an administrative breakdown of 
allotment levels by State, current full-time equivalents, 
current on-board permanent employees by State, and funded 
ceiling levels by State.

                         STATE MEDIATION GRANTS

 
 
 
2020 appropriation....................................        $5,545,000
2021 budget estimate..................................         6,914,000
Provided in the bill..................................         6,914,000
Comparison:
    2020 appropriation................................        +1,369,000
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For State Mediation Grants, the Committee provides an 
appropriation of $6,914,000.

               GRASSROOTS SOURCE WATER PROTECTION PROGRAM

 
 
 
2020 appropriation....................................        $6,500,000
2021 budget estimate..................................             - - -
Provided in the bill..................................         6,500,000
    Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................        +6,500,000
 

                          COMMITTEE PROVISIONS

    For the Grassroots Source Water Protection Program, the 
Committee provides an appropriation of $6,500,000.

                        DAIRY INDEMNITY PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
2020 appropriation....................................          $500,000
2021 budget estimate..................................           500,000
Provided in the bill..................................           500,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For the Dairy Indemnity Program, the Committee provides an 
appropriation of such sums as may be necessary (estimated to be 
$500,000 in the President's fiscal year 2021 budget request).

           AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

                         ESTIMATED LOAN LEVELS

 
 
 
2020 loan level.......................................    $8,431,016,000
2021 budget estimate..................................     8,906,698,000
Provided in the bill..................................     8,932,176,000
Comparison:
    2020 loan level...................................      +501,160,000
    2021 budget estimate..............................       +25,478,000
 

                          COMMITTEE PROVISIONS

    For the Agricultural Credit Insurance Fund program account, 
the Committee provides a loan level of $8,932,176,000.
    The following table reflects the loan levels for the 
Agricultural Credit Insurance Fund program account:

                                    AGRICULTURE CREDIT PROGRAMS--LOAN LEVELS
                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Committee
                                                             FY 2020 enacted  FY 2021 estimate      provision
----------------------------------------------------------------------------------------------------------------
Farm Loan Programs:
Farm Ownership:
    Direct................................................        $1,875,000        $2,119,000        $2,119,000
    Unsubsidized Guaranteed...............................         2,750,000         2,750,000         2,750,000
Farm Operating:
    Direct................................................         1,550,133         1,633,333         1,633,333
    Unsubsidized Guaranteed...............................         1,960,000         2,118,482         2,118,482
Emergency Loans...........................................            37,668            37,668            37,668
Indian Tribe Land Acquisition Loans.......................            20,000            20,000            20,000
Conservation Loans:
    Unsubsidized Guaranteed...............................           150,000           150,000           150,000
Indian Highly Fractionated Land...........................            10,000             - - -            10,000
Boll Weevil Eradication...................................            60,000            60,000            60,000
Relending Program.........................................            18,215            18,215            33,693
                                                           -----------------------------------------------------
        Total.............................................         8,431,016         8,906,698         8,932,176
----------------------------------------------------------------------------------------------------------------


                            ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                               Direct loan     Guaranteed loan   Administrative
                                                                 subsidy           subsidy          expenses
----------------------------------------------------------------------------------------------------------------
2020 appropriation........................................           $58,440           $20,972          $317,068
2021 budget estimate......................................            38,710            23,727           307,344
Provided in the bill......................................            38,710            23,727           307,344
Comparison:
    2020 appropriation....................................           -19,730             2,755            -9,724
    2021 budget estimate..................................             - - -             - - -             - - -
----------------------------------------------------------------------------------------------------------------

    The following table reflects the costs of loan programs 
under credit reform:

                                AGRICULTURE CREDIT PROGRAMS--SUBSIDIES AND GRANTS
                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Committee
                                                             FY 2020 enacted  FY 2021 estimate      provision
----------------------------------------------------------------------------------------------------------------
Farm Loan Subsidies:
Farm Operating:
    Direct................................................           $58,440           $38,710           $38,710
    Unsubsidized Guaranteed...............................            20,972            23,727            23,727
Emergency Loans...........................................             2,023               207               207
Indian Highly Fractionated Land...........................             2,745             - - -             1,484
Boll Weevil Eradication...................................                60             - - -             - - -
                                                           -----------------------------------------------------
Relending Program.........................................             5,000
                                                           ------------------------------2,703-------------5,000
        Total.............................................            89,240            65,347            69,128
ACIF Expenses:
    FSA Salaries and Expenses.............................           290,917           294,114           294,114
    Program Administrative Expenses.......................            10,070            13,230            13,230
FPAC Business Center Salaries and Expenses................            16,081             - - -             - - -
                                                           -----------------------------------------------------
        Total, ACIF Expenses..............................          $406,308          $372,691          $376,472
----------------------------------------------------------------------------------------------------------------

                         Risk Management Agency


                         SALARIES AND EXPENSES

 
 
 
2020 appropriation....................................       $58,361,000
2021 budget estimate..................................        59,440,000
Provided in the bill..................................        59,374,000
Comparison:
    2020 appropriation................................        +1,013,000
    2021 budget estimate..............................           -66,000
 

                          COMMITTEE PROVISIONS

    For the Risk Management Agency, the Committee provides an 
appropriation of $59,374,000.

                 Natural Resources Conservation Service


                        CONSERVATION OPERATIONS

 
 
 
2020 appropriation....................................      $829,628,000
2021 budget estimate..................................       830,186,000
Provided in the bill..................................       833,785,000
Comparison:
    2020 appropriation................................        +4,157,000
    2021 budget estimate..............................        +3,599,000
 

                          COMMITTEE PROVISIONS

    For Conservation Operations, the Committee provides an 
appropriation of $833,785,000.
    The Committee provides $11,715,000 for the Snow Survey and 
Water Forecasting Program; $9,559,000 for the Plant Materials 
Centers; and $79,665,000 for the Soil Surveys Program. The 
Committee provides $732,846,000 for Conservation Technical 
Assistance. The Committee provides $2,458,500 for the 
farmers.gov Customer Experience Portal program.
    Composting.--The Committee encourages NRCS to explore 
creating a composting practice within the Conservation 
Stewardship Program and the Environmental Quality Incentives 
Program. A composting practice may include an activity to 
produce compost from organic waste that is generated on a farm 
or brought to a farm from the nearby community and use of 
compost on a farm to improve water retention and soil health, 
subject to the condition that such use complies with applicable 
Federal, State, and local laws.
    Conservation Data Collection.--The Committee directs the 
Department to conduct a study to assess data collected from 
producers, across all USDA agencies, related to conservation 
practices and describe how that data can be used to increase 
and improve conservation efforts. The report should consider 
and share what additional data would improve the ability to 
better quantify the benefits of these practices. The Committee 
directs the Department to share its findings with the 
Appropriations Committees no later than one year after 
enactment of this Act.
    Cover Crop Management.--The Committee provides $1,000,000 
from within funds provided and directs the NRCS to bolster 
ongoing efforts of the Soil Health Initiative working to link 
soil health and cover crop management with an On-Farm Research 
Network in conjunction with public and private sector partners. 
This work examines the challenges facing producers to increase 
cover crop practices and better understand the benefits of 
cover crop performance across different regions, management 
scenarios, climatic zones and soil types. This project would 
further develop a decision-support platform to help producers 
establish a cover crop expert network to help producers in corn 
producing states establish and manage cover crops, increase 
their use and measure the benefits of soil health.
    Critical Conservation Areas.--The Committee supports 
Critical Conservation Areas and the collaborative regional 
approach to address common natural resources goals while 
maintaining or improving agricultural productivity. The 
Committee encourages NRCS to provide Conservation Technical 
Assistance additional funds to Critical Conservation Areas to 
address conservation planning backlogs.
    EQIP Outreach.--The Committee understands the value of 
carbon capture and sequestration for the health of regenerative 
soil. Therefore, the Committee directs NRCS to increase 
awareness and outreach of the Environmental Quality Incentives 
Program (EQIP) to farmers in distressed watersheds, to 
incentivize farmers to improve soil carbon capture for improved 
land and water health.
    Forestry and Wetlands.--The Committee recognizes the 
importance of wetlands and forests as effective land cover for 
maintenance of water quality. The Committee directs NRCS to 
study the ability and effectiveness of managed forestry best 
practices to aid in combating and mitigating waste runoff and 
toxic elements in affected large water sources and watersheds 
where overapplication of toxins and manure is harming 
freshwater drinking supplies. NRCS should seek input from 
forestry experts. The Committee directs NRCS to report back on 
its findings, within 180 days of the enactment of this Act.
    Harmful Algal Blooms (HABs).--The Committee recognizes soil 
erosion as a leading cause of nutrient runoff, which 
substantially increases the frequency, size, and intensity of 
HABs. The Committee strongly directs NRCS to continue funding 
NRCS's ongoing work to reduce nutrient loading from 
agricultural sources that can contribute to the growth of 
harmful algal blooms. The funding shall be used for targeting 
of watersheds where harmful algal blooms pose a threat and 
implementing a variety of conservation systems to address all 
transport pathways of phosphorus from agricultural land uses. 
NRCS shall coordinate efforts to address harmful algal blooms 
with other federal partners through the Interagency Working 
Group on Harmful Algal Blooms and Hypoxia Research Control Act 
as authorized by Public Law 115-423. Further, within one year 
of enactment, the Committee directs NRCS, in collaboration with 
the Great Lakes Restoration Initiative to report back on 
comparisons between soil health, water quality, and HABs 
presence in the Great Lakes.
    Mississippi River Basin.--The Committee recognizes that the 
Mississippi River basin from Minnesota to Louisiana is a vital 
American waterway. The Committee urges the Department to 
participate and coordinate as an essential federal stakeholder 
with the Environmental Protection Agency on developing a 
Mississippi River restoration and resiliency strategy focused 
on improving water quality, restoring habitat and natural 
systems, improved navigation, eliminating aquatic invasive 
species, and building local resilience to natural disasters.
    Office of Urban Agriculture and Innovative Production.--The 
Committee directs NRCS to maintain grants to support urban 
agriculture outreach and innovation and encourages NRCS to 
consider expanding the number of grant programs available. To 
this extent, the Committee provides an additional $7,000,000 
for this office. Of this amount, $1,000,000 is for pilot 
programs under section 222(d)(2) of Subtitle A of the 
Department of Agriculture Reorganization Act of 1994, as 
amended by section 12302 of P.L. 115-334. The Committee also 
acknowledges the need for expanded research in support of urban 
agriculture in food-insecure communities. Communities that lack 
access to fresh produce face growing epidemics of obesity-
related diseases. The Committee believes urban farming and food 
production closer to the home is a viable solution to these 
challenges and encourages the Department to create partnerships 
and, with its extension programs, to assist urban agricultural 
production.
    Resource Conservation and Development Councils (RC&Ds).--
The Committee recognizes RC&Ds have been valuable partners in 
conservation and encourages NRCS to continue working with local 
councils, as appropriate, to ensure conservation programs meet 
local resource needs.
    Sage Grouse Initiative.--The Committee supports NRCS's sage 
grouse conservation efforts. Through the initiative, NRCS 
provides technical and financial assistance to help landowners 
conserve sage grouse habitat on their land. The initiative is 
an integral part of efforts by federal agencies, several 
western states, and private landowners to help preclude the 
listing of the sage grouse as an endangered species.
    Soil Health and Food Nutrients.--The Committee understands 
different regions of the country have different soil needs to 
optimize food nutrient density. The Committee directs NRCS to 
conduct targeted regional studies on carbon capture related to 
nitrate and phosphorus to the soil components in restoring 
regenerative soils and their impact on nutrients in vegetables, 
fruits, and farm products, particularly in agricultural regions 
where human health has been placed at risk.
    Soil Health on Federal Lands.--The Committee directs the 
Secretary, in coordination with the Department of the Interior 
to conduct a study on the state of soil health on Federal lands 
in the United States and provide a report on its findings 180 
days after enactment. This study should include an analysis of 
the impact grazing, wildfire, recreation, and invasive species 
have on the soil; and it should include recommendations for 
legislative or regulatory action to improve soil health, 
increase carbon sequestration, and improve community benefits 
of soil health programs on Federal lands.
    Soil Restoration in Watersheds.--The Committee is concerned 
about soil quality near watersheds such as the Great Lakes 
Basin, Salton Sea, Lake Okeechobee, and the Chesapeake Bay. 
Water from these sources, used for agriculture, affects crop 
production and soil health, and through groundwater and surface 
water runoff, the health of the soil in turn affects adjacent 
water sources. Therefore, the Committee directs NRCS to 
evaluate outcomes of watershed and cropland projects 
implemented through its Conservation Effects Assessment 
Project, and report back to the Committee within 180 days of 
enactment on the results and effectiveness of conservation 
program practices. Emphasis should be placed on regenerative 
soil findings, soil health standards that can be established, 
and means to improve water quality.

               WATERSHED AND FLOOD PREVENTION OPERATIONS

 
 
 
2020 appropriation....................................      $175,000,000
2021 budget estimate..................................             - - -
Provided in the bill..................................       155,000,000
Comparison:
    2020 appropriation................................       -20,000,000
    2021 budget estimate..............................      +155,000,000
 

                          COMMITTEE PROVISIONS

    For the Watershed and Flood Prevention Operations, the 
Committee provides an appropriation of $155,000,000.

                    WATERSHED REHABILITATION PROGRAM

 
 
 
2020 appropriation....................................       $10,000,000
2021 budget estimate..................................             - - -
Provided in the bill..................................        12,000,000
Comparison:
    2020 appropriation................................        +2,000,000
    2021 budget estimate..............................       +12,000,000
 

                          COMMITTEE PROVISIONS

    For the Watershed Rehabilitation Program, the Committee 
provides an appropriation of $12,000,000.

                              CORPORATIONS


                Federal Crop Insurance Corporation Fund


 
 
 
2020 appropriation....................................    $9,959,000,000
2021 budget estimate..................................     8,716,000,000
Provided in the bill..................................     8,716,000,000
Comparison:
    2020 appropriation................................    -1,243,000,000
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For the Federal Crop Insurance Corporation Fund, the 
Committee provides an appropriation of such sums as may be 
necessary (estimated to be $8,716,000,000 in the President's 
fiscal year 2021 budget request).

                   Commodity Credit Corporation Fund


                 REIMBURSEMENT FOR NET REALIZED LOSSES

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................   $26,309,033,000
2021 budget estimate..................................    25,553,096,000
Provided in the bill..................................    25,553,096,000
Comparison:
    2020 appropriation................................      -755,937,000
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For Reimbursement for Net Realized Losses to the Commodity 
Credit Corporation, the Committee provides such sums as may be 
necessary to reimburse for net realized losses sustained but 
not previously reimbursed (estimated to be $25,553,096,000 in 
the President's fiscal year 2021 budget request).

                       HAZARDOUS WASTE MANAGEMENT

                        (LIMITATION ON EXPENSES)

 
 
 
2020 limitation.......................................      ($5,000,000)
2021 budget estimate..................................      (15,000,000)
Provided in the bill..................................      (15,000,000)
Comparison:
    2020 limitation...................................       +10,000,000
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For Hazardous Waste Management, the Committee provides a 
limitation of $15,000,000. The Committee directs the Hazardous 
Materials Management Program and the Hazardous Waste Management 
Program to coordinate their work to ensure there is no 
duplication.

                               TITLE III


                       RURAL DEVELOPMENT PROGRAMS


          Office of the Under Secretary for Rural Development


 
 
 
2020 appropriation....................................          $800,000
2021 budget estimate..................................         1,036,000
Provided in the bill..................................           812,000
Comparison:
    2020 appropriation................................           +12,000
    2021 budget estimate..............................          -224,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Under Secretary for Rural 
Development, the Committee provides an appropriation of 
$812,000.
    Appropriate Technology Transfer for Rural Areas (ATTRA).--
The Committee continues to support ATTRA's work with military 
veterans.
    Climate Adaptation.--The Committee recognizes that the 
impacts of climate change--including sea level rise and more 
frequent and severe coastal hazards--pose a significant threat 
to infrastructure and economic development opportunities in 
rural communities. Therefore, the Committee encourages Rural 
Development to partner with USDA's Climate Hubs to better 
leverage existing USDA programs to provide resources to 
communities to invest in infrastructure improvements that will 
enhance resilience to future impacts of climate change.
    Healthy Food Financing Initiative (HFFI).--HFFI, through 
the National Fund Manager, invests in projects that will 
increase the supply of and demand for healthy foods in 
underserved communities, through loans, grants, and by 
providing technical assistance. In order to improve access to 
healthy food, particularly in rural areas and Tribal 
communities, the Agriculture Improvement Act of 2018 expands 
eligible projects to include healthy food enterprises. These 
food enterprises include businesses or organizations along the 
food supply chain such as food hubs; food producers, 
distributors, processors, and manufacturers; commercial 
kitchens and food business incubators; mobile markets; and 
other direct to consumer markets.
    High-Cost Universal Service Fund (USF) Recipients with 
Minimum 25/3 Buildout Obligations.--ReConnect funding for 
service areas where High-Cost USF recipients under the CAF-II 
auction have buildout obligations of 25/3 Mbps or greater for 
fixed terrestrial broadband can only be requested by the entity 
that is receiving such USF support. Project sponsors that 
receive USF support in those areas may only apply for funds 
that serve those areas from the 100% loan funding category 
under the ReConnect Program. For purposes of clarification, 
this limitation on eligibility shall only apply to those areas 
(e.g., study areas or census blocks) for which the USF CAF-II 
recipient is subject to a buildout obligation of 
25/3 Mbps or greater for fixed terrestrial broadband.
    Hub Communities.--The Committee encourages the Department 
to consider the mission and scope of all program applicants, 
including community colleges, hospitals and other regional 
public service entities and their ability to effectively 
address rural depopulation struggles. These entities are often 
located in regional ``hub'' communities larger than the program 
population limits, yet without these critical services many of 
the surrounding smaller towns could not exist and prosper. The 
Committee encourages the Secretary to make grants and loans 
available to these institutions, located in rural areas as 
defined by current law, and serve rural areas.
    Industrial Hemp.--The intent of Congress in Public Law 115-
334 was for industrial hemp to be eligible for all USDA 
programs, including Rural Development. Industrial hemp can 
significantly benefit struggling rural economies. The Committee 
encourages Rural Development to ensure that industrial hemp is 
eligible for all competitive grant programs.
    Persistent Poverty Areas.--The Committee supports targeted 
investments in impoverished areas, particularly in persistent 
poverty counties. To understand how programs funded through the 
Department are serving these areas, the Committee requested the 
Department submit a report to the Committees on Appropriations 
of the House and Senate on the percentage of funds allocated by 
each rural development program in fiscal years 2017, 2018 and 
2019 and estimates for fiscal year 2020 serving individuals 
living in persistent poverty counties. The Committee awaits 
this report.
    Qualified Opportunity Zones.--The Committee recognizes that 
Qualified Opportunity Zones were created to incentivize greater 
private-sector investments in rural and economically distressed 
communities. Given the critical role that USDA Rural 
Development programs play in supporting economic development 
opportunities in these communities, the Committee encourages 
the Under Secretary for Rural Development to develop strategies 
to leverage existing RD resources to support greater investment 
in communities located in or adjacent to a Qualified 
Opportunity Zone.
    ReConnect Program.--The Committee provides an additional 
$990,000,000 for the ReConnect program to increase access to 
broadband connectivity in unserved and underserved rural 
communities, targeting areas of the country with the largest 
broadband coverage gaps, including those with mountainous 
terrain.
    Renewable Energy.--The Committee provides $10,000,000 to 
establish a pilot program to provide grants to support the use 
of renewable energy.
    Rural Energy Savings Program (RESP).--The Committee 
supports RESP and the opportunity it provides to launch or 
expand energy efficiency financing programs. The Committee 
urges the Department to conduct outreach to co-ops to build 
awareness of the program.
    Rural Health.-- The Committee encourages USDA to support 
development of infectious disease prevention infrastructure in 
rural communities, including by investing in infectious disease 
training and supplies for rural medical providers, syringe 
services programs, supplies for rural community-based 
organizations, and mobile health care delivery.
    Telemedicine Services.--The Committee continues to support 
Distance Learning and Telemedicine and Broadband grant programs 
that assist rural communities in connecting to the rest of the 
world and overcoming health disparities that affect rural 
communities. The Committee urges the Under Secretary for Rural 
Development to continue supporting the utilization of existing 
telehealth networks to provide additional access using 
telemedicine through partnerships with hub medical centers. The 
Committee also encourages focus on Tele-Emergency Medical 
Service and Tele-Electrocardiogram for use in building 
sustainable models for advanced critical care in populations in 
rural areas by improving critical care interventional outcomes 
and decreasing the wait time between original access and 
treatment for rural populations.

                           Rural Development


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

----------------------------------------------------------------------------------------------------------------
                                                                                                    Committee
                                                             FY 2020 enacted  FY 2021 estimate      provision
----------------------------------------------------------------------------------------------------------------
Appropriations............................................      $247,835,000      $483,480,000      $311,942,000
Transfers from:
    Rural Housing Insurance Fund Program Account..........       412,254,000       240,000,000       412,254,000
    Rural Development Loan Fund Program Account...........         4,468,000             - - -         4,468,000
    Rural Electrification and Telecommunications Loan             33,270,000        38,000,000        33,270,000
     Program Account......................................
                                                           -----------------------------------------------------
        Total, RD Salaries and Expenses...................      $697,827,000      $761,480,000      $761,934,000
----------------------------------------------------------------------------------------------------------------

                          COMMITTEE PROVISIONS

    For Salaries and Expenses of the Rural Development mission 
area, the Committee provides an appropriation of $311,942,000. 
Of the amount provided, $30,000,000 is for the relocation of 
staff from the Goodfellow location. The Committee also includes 
$4,000,000 for modernization of the loan origination platform 
(``UniFi'') and for continued development of a modern platform 
for Single-Family Direct Housing and $7,000,000 for the OneRD 
guaranteed project for improvement of loan origination and 
servicing.
    Placemaking: Revitalization of Rural Livable Places.--The 
Committee provides an additional $2,000,000 to expand or 
enhance cooperative agreements begun in fiscal year 2020 that 
utilize public-private partnerships involved in the 
``Placemaking Initiative''. Awards should take advantage of 
current or future highspeed broadband investments from the 
Rural Utilities Service's ReConnect program. Selection criteria 
must include geographic and ethnic diversity as well as such 
factors as the revitalization and shaping of future town 
centers, community and county wellbeing and economic vitality, 
and the enhancement of full community participation in creating 
growth strategies. Where possible, the three main areas of 
Rural Development should support such efforts to help create 
greater social and cultural vitality in these livable rural 
communities. USDA shall report back to the Committee on how the 
Placemaking Initiative can help develop a tool kit that will 
allow other rural communities in the future to replicate the 
successful drivers of making a rural place more livable.
    Rural Development Staffing.--The Committee is concerned by 
the pace of operations at the Rural Development (RD) state 
offices due to reported staffing shortages. With authority over 
sizable financial resources, these programs are uniquely poised 
to provide essential services to and increase the economic 
competitiveness of underserved rural areas. However, the 
Committee is aware that a lack of staff at program offices has 
created a cyclical backlog of applications. Such delays and 
uncertainty deter potential applicants and fundamentally 
undercut the programs' potential impact. The Committee directs 
the Department to maintain support of 4,566 total staff years.
    Rural Hospitals.--Many rural hospitals have closed in 
recent years, with many more vulnerable. Rural hospitals are an 
essential pillar of their communities and are necessary to 
create the economic growth that is direly needed in rural 
communities. USDA has the experience and expertise to help 
struggling rural hospitals negotiate, reorganize, and 
revitalize. Providing assistance to strengthen their 
sustainability will protect taxpayer investments and help 
preserve the future of rural health care. The Committee 
includes $2,000,000 for technical assistance to vulnerable 
hospitals in the Community Facilities portfolio to protect the 
government funds already expended and preserve access to health 
care in rural communities. In addition, where appropriate, the 
Committee directs the Department to provide technical 
assistance to those hospitals that seek to refinance their debt 
under the new provision for refinancing certain hospital debt 
as authorized by Section 6103 of the 2018 Farm Bill, in order 
to protect the investment of government funds expended for this 
purpose.
    Single Family Home Loans.--The Committee continues to 
provide the resources to meet demand to assist low and very 
low-income applicants obtain decent, safe and sanitary housing 
in rural areas. The Committee is aware of possible issues with 
small rural communities across the country that may be 
ineligible for the USDA Single-Family Housing programs because 
they are included in a nearby Metropolitan Service Area (MSA). 
The Committee directs USDA to consider a proper definition of 
rural, so that cities with low populations and low incomes may 
be eligible for this program or other USDA programs that 
require a rural designation.

                         Rural Housing Service


              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                 Administrative
                                                               Loan level       Subsidy level       expenses
----------------------------------------------------------------------------------------------------------------
2020 Appropriation........................................       $25,346,000          $116,685          $412,254
2021 Budget Estimate......................................        24,240,000            40,000           240,000
Provided in the Bill......................................        25,346,000            77,920           412,254
Comparison:
    2020 Appropriation....................................             - - -           -38,765             - - -
    2021 Budget Estimate..................................       +$1,106,000          +$37,920         +$172,254
----------------------------------------------------------------------------------------------------------------

                          COMMITTEE PROVISIONS

    For the Rural Housing Insurance Fund program account, the 
Committee provides a loan level of $25,346,000,000.
    The following table reflects the loan levels for the Rural 
Housing Insurance Fund program account:

                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Committee
                                                             FY 2020 enacted  FY 2021 estimate      provision
----------------------------------------------------------------------------------------------------------------
Rural Housing Insurance Fund Loans
        Direct............................................        $1,000,000             - - -        $1,000,000
        Unsubsidized Guaranteed...........................        24,000,000       $24,000,000        24,000,000
    Housing Repair (sec. 504).............................            28,000             - - -            28,000
    Rental Housing (sec. 515).............................            40,000             - - -            40,000
    Multi-family Guaranteed (sec. 538)....................           230,000           230,000           230,000
    Site Development Loans................................             5,000             - - -             5,000
    Credit Sales of Acquired Property.....................            10,000            10,000            10,000
    Self-help Housing Land Development Fund...............             5,000             - - -             5,000
    Farm Labor Housing....................................            28,000             - - -            28,000
                                                           -----------------------------------------------------
        Total, Loan Authorization.........................       $25,346,000       $24,240,000       $25,346,000
----------------------------------------------------------------------------------------------------------------

    The following table reflects the costs of loan programs 
under credit reform:

       ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS

                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Committee
                                                             FY 2020 enacted  FY 2021 estimate      provision
----------------------------------------------------------------------------------------------------------------
Rural Housing Insurance Fund Program                        ................  ................  ................
    Account (Loan Subsidies and Grants):                    ................  ................  ................
    Single Family Housing (sec. 502):                       ................  ................  ................
        Direct............................................           $90,000             - - -           $33,300
        Housing Repair (sec. 504).........................             4,679             - - -             2,215
    Rental Housing (sec. 515).............................            12,144             - - -             6,688
    Multifamily Housing Revitalization....................             - - -            40,000            30,000
    Farm Labor Housing....................................             8,739             - - -             5,093
    Site Development (sec. 524)...........................               546             - - -               355
    Self-Help Land (sec. 523).............................               577             - - -               269
                                                           -----------------------------------------------------
        Total, Loan Subsidies.............................           116,685            40,000            77,920
    Farm Labor Housing Grants.............................            10,000             - - -            10,000
    RHIF Expenses:........................................  ................  ................  ................
        Administrative Expenses...........................          $412,254          $240,000          $412,254
----------------------------------------------------------------------------------------------------------------

                       RENTAL ASSISTANCE PROGRAM

 
 
 
2020 appropriation....................................    $1,375,000,000
2021 budget estimate..................................     1,450,000,000
Provided in the bill..................................     1,450,000,000
Comparison:
    2020 appropriation................................       +75,000,000
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For the Rental Assistance Program, the Committee provides a 
program level of $1,450,000,000. This provides the estimated 
amount to fully fund the program. This amount includes 
$40,000,000 for the rural housing voucher program.

                  MUTUAL AND SELF HELP HOUSING GRANTS

 
 
 
2020 appropriation....................................       $31,000,000
2021 budget estimate..................................             - - -
Provided in the bill..................................        31,000,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................       +31,000,000
 

                          COMMITTEE PROVISIONS

    For the Mutual and Self-Help Housing program, the Committee 
provides an appropriation of $31,000,000.

                    RURAL HOUSING ASSISTANCE GRANTS

 
 
 
2020 appropriation....................................       $45,000,000
2021 budget estimate..................................        45,000,000
Provided in the bill..................................        45,000,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For the Rural Housing Assistance Grants program, the 
Committee provides an appropriation of $45,000,000, including 
$15,000,000 for rural housing preservation grants.
    The Committee encourages USDA to consider utilizing 
resources to address families or individuals that have 
straight-pipe septic systems or an individual sewage treatment 
system that fail to meet state or federal requirements.

               RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................       $49,000,000
2021 budget estimate..................................        60,000,000
Provided in the bill..................................        49,000,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................       -11,000,000
 

                          COMMITTEE PROVISIONS

    For the Rural Community Facilities Program Account, the 
Committee provides an appropriation of $49,000,000. The 
Committee does not accept the proposal to establish a cohort 
for `non-conforming' loans under the Community Facilities 
Direct Loan program.
    Community Facility Loans.--The Committee directs the 
Department to report on the Community Facilities Direct Loan 
and Grant and Community Facilities Guaranteed Loan programs 
portfolio within 180 days of enactment of the bill. The report 
shall include the number of approved and non-approved 
applications for fiscal years 2017-2020 within the North 
American Industry Classification System.
    Community Facility Projects.--The Committee notes that the 
Agriculture Improvement Act of 2018 established a selection 
priority under Community Facilities loans and grants for 
projects that combat substance use disorder in rural America. 
The statutory priority emphasizes prevention, treatment, and 
recovery, and the Committee encourages the Department to fund 
community-based facilities, not projects that would increase 
the number of jail beds in a community.
    Rural Courthouses.--The Committee recognizes the importance 
of courthouses in rural impoverished communities, particularly 
persistent poverty counties, and notes that renovation and 
repair of these courthouses are an eligible activity under the 
Community Facilities Direct Loan and Grant program.
    The following table provides the Committee's 
recommendations as compared to the budget request:

                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                   Committee
                                                          FY 2020  enacted  FY 2021  estimate      provision
----------------------------------------------------------------------------------------------------------------
Loan Levels:
    Community Facility Direct Loans....................       ($2,800,000)       ($2,500,000)       ($2,800,000)
    Community Facility Guaranteed Loans................          (500,000)          (500,000)          (500,000)
Subsidy and Grants:
    Community Facility Direct Loans....................              - - -             20,000              - - -
    Community Facility Grants..........................             32,000             30,000             32,000
    Rural Community Development Initiative.............              6,000              - - -              6,000
    Economic Impact Initiative.........................              6,000              - - -              6,000
    Tribal College Grants..............................              5,000             10,000              5,000
                                                        --------------------------------------------------------
        Total, Rural Community Facilities Program                  $49,000            $60,000            $49,000
         Subsidy and Grants............................
----------------------------------------------------------------------------------------------------------------

                   Rural Business Cooperative Service


                     RURAL BUSINESS PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................       $66,500,000
2021 budget estimate..................................         7,400,000
Provided in the bill..................................        62,200,000
Comparison:
    2020 appropriation................................        -4,300,000
    2021 budget estimate..............................       +54,800,000
 

                          COMMITTEE PROVISIONS

    For the Rural Business Program Account, the Committee 
provides an appropriation of $62,200,000. The Committee does 
not accept the proposed changes to the Business and Industry 
Guaranteed Loan Program.
    The Committee provides resources to operate programs under 
the Rural Business-Cooperative Service (RBS). RBS programs 
complement lending activities of the private sector by 
promoting economic prosperity in rural communities through 
improved access to capital and economic development on a 
regional scale.
    In addition, the Coronavirus Aid, Relief, and Economic 
Security Act (CARES Act) (P.L. 116-136) included $20,500,000 
for the Business and Industry Guaranteed Loan Program to 
provide up to $1,000,000,000 in loans.
    Arts in rural communities.--The Committee recognizes the 
valuable role of the arts in the economic and community 
development of rural communities across the country. In 
providing grants and assistance under this title, Rural 
Development shall continue to support individuals, nonprofits 
and small businesses in the arts through these traditional 
economic development tools, including business incubators, and 
economic development planning and technical assistance.
    The following table provides the Committee's 
recommendations as compared to the budget request:

                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                   Committee
                                                          FY 2020  enacted  FY 2021  estimate      provision
----------------------------------------------------------------------------------------------------------------
Loan Level:
    Business and Industry Guaranteed Loans.............       ($1,000,000)        (1,500,000)        (1,000,000)
Subsidy and Grants:
    Business and Industry Guaranteed Loans.............             20,500              7,400             16,200
    Rural Business Development Grants..................             37,000              - - -             37,000
    Delta Regional Authority/Appalachian Regional                    9,000              - - -              9,000
     Commission/Northern Border Regional Commission....
                                                        --------------------------------------------------------
        Total, Rural Business Program Subsidy and                  $66,500             $7,400            $62,200
         Grants........................................
----------------------------------------------------------------------------------------------------------------

    The following programs are included in the bill for the 
Rural Business Program account: $500,000 for rural 
transportation technical assistance and $4,000,000 for 
Federally Recognized Native American Tribes, of which $250,000 
is for transportation technical assistance.

              INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                 Administrative
                                                            Loan  level       Subsidy  level        expenses
----------------------------------------------------------------------------------------------------------------
2020 Appropriation.....................................            $18,889             $5,219             $4,468
2021 Budget Estimate...................................              - - -              - - -              - - -
Provided in the Bill...................................             18,889              2,939              4,468
Comparison:
    2020 Appropriation.................................              - - -             -2,280              - - -
    2021 Budget Estimate...............................            +18,889             +2,939             +4,468
----------------------------------------------------------------------------------------------------------------

                          COMMITTEE PROVISIONS

    For the Intermediary Relending Program Fund Account, the 
Committee provides for a loan level of $18,889,000.
    For the loan subsidy, the Committee provides an 
appropriation of $2,939,000. In addition, the Committee 
provides $4,468,000 for administrative expenses.

            RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

 
 
 
2020 appropriation....................................       $50,000,000
2021 budget estimate..................................             - - -
Provided in the bill..................................        50,000,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................       +50,000,000
 

                          COMMITTEE PROVISIONS

    For the Rural Economic Development Loans Program Account, 
the Committee provides for a loan level of $50,000,000.

                  RURAL COOPERATIVE DEVELOPMENT GRANTS

 
 
 
2020 appropriation....................................       $26,600,000
2021 budget estimate..................................        $3,000,000
Provided in the bill..................................        26,600,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................       +23,600,000
 

                          COMMITTEE PROVISIONS

    For Rural Cooperative Development Grants, the Committee 
provides an appropriation of $26,600,000. This total includes 
$2,800,000 for a cooperative agreement for the Appropriate 
Technology Transfer for Rural Areas program and $12,000,000 for 
the Value-added Agricultural Product Market Development Grant 
Program under the Local Agriculture Market Program in the 2018 
Farm Bill.

               RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM

 
 
 
2020 appropriation....................................        $6,000,000
2021 budget estimate..................................             - - -
Provided in the bill..................................         6,000,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................        +6,000,000
 

                          COMMITTEE PROVISIONS

    For the Rural Microentrepreneur Assistance Program (RMAP), 
the Committee provides an appropriation of $6,000,000. RMAP 
provides loans and grants to non-profit organizations, 
community-based financial institutions, and local economic 
development councils, which in turn provide technical 
assistance services and microloans to rural owner-operated 
small businesses and aspiring entrepreneurs. These funds 
support the economic development needs of rural communities and 
make up for the end of mandatory Farm Bill funding.

                    RURAL ENERGY FOR AMERICA PROGRAM

 
 
 
2020 appropriation....................................          $706,000
2021 budget estimate..................................             - - -
Provided in the bill..................................           476,000
Comparison:
    2020 appropriation................................          -230,000
    2021 budget estimate..............................          +476,000
 

                          COMMITTEE PROVISIONS

    For the Rural Energy for America Program, the Committee 
provides a loan level of $20,000,000 and an appropriation of 
$476,000 for the loan subsidy to make loans as authorized by 
section 9007 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 8107).
    Renewable Technologies.--The Committee encourages the 
Department to establish a reserve fund for under-utilized 
renewable technologies.

                        Rural Utilities Service


             RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................      $659,480,000
2021 budget estimate..................................       614,070,000
Provided in the bill..................................       610,980,000
Comparison:
    2020 appropriation................................       -48,500,000
    2021 budget estimate..............................        -3,090,000
 

                          COMMITTEE PROVISIONS

    For the Rural Water and Waste Disposal Program Account, the 
Committee provides an appropriation of $610,980,000. Rural 
areas continue to face immense needs and challenges in 
attaining safe and clean water, and this program provides 
targeted and coordinated support for these communities and is 
essential for the delivery of safe, dependable and affordable 
water and wastewater to rural America.
    Domestic Preference.--The bill includes language specifying 
that RUS' Rural Water and Waste Disposal program account 
projects utilizing iron and steel shall use iron and steel 
products produced in the United States. RUS shall apply the 
Environmental Protection Agency's definition of public water 
systems while implementing the domestic preference provision.
    Open Access Infrastructure.--The Committee is aware that 
public entities have invested in open access fiber 
infrastructure that is facilitating the delivery of high-speed 
broadband services by licensed telecommunications providers, 
including the model pioneered by public port authorities. The 
Committee understands that while particular open access fiber 
projects may be eligible for RUS grants and loans, more 
generally, there exist significant barriers to government 
backing for these types of open access investments. The 
Committee believes RUS programs should support financially 
feasible open access infrastructure projects that meet program 
goals. The Committee urges RUS to ensure the agency's criteria 
and application processes provide for fair consideration of 
open access projects by accounting for the unique structures 
and opportunities such projects present in advancing broadband 
deployment in unserved and underserved communities.
    Sewage Management.--The Committee supports the development 
of a multi-faceted solution to the problem of raw sewage 
discharge in rural communities.
    Technical Assistance and Training Grant Program.--The 
Committee provides $35,000,000 for water and waste technical 
assistance and training grants. Up to $5,000,000 of these 
resources shall be made available, on a competitive basis, to 
support the national apprenticeship/workforce development 
program to ensure a future pipeline of workers to provide clean 
and safe water for the public.
    The following table provides the Committee's 
recommendations as compared to the budget request:

                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                   Committee
                                                       FY 2020  enacted    FY 2021  estimate       provision
----------------------------------------------------------------------------------------------------------------
Loan Levels:
    Water and Waste Direct Loans....................        ($1,400,000)        ($1,270,000)        ($1,400,000)
    Water and Waste Guaranteed Loans................            (50,000)            (58,333)            (50,000)
Subsidy and Grants:
    Direct Subsidy..................................              63,840               - - -               - - -
    Guaranteed Subsidy..............................                  70                  70                  60
    Water and Waste Revolving Fund..................               1,000               1,000               1,000
    Water Well System Grants........................               5,000               1,000               5,000
    Grants for the Colonias and AK/HI...............              68,000              68,000              68,000
    Water and Waste Technical Assistance Grants.....              30,000              40,000              35,000
    Circuit Rider Program...........................              19,570              19,000              19,570
    Solid Waste Management Grants...................               4,000               4,000               4,000
    High Energy Cost Grants.........................              10,000               - - -               - - -
    Water and Waste Disposal Grants.................             443,000             463,350             463,350
    306A(i)(2) Grants...............................              15,000              15,000              15,000
    Emergency Community Water.......................               - - -               2,650               - - -
                                                     -----------------------------------------------------------
        Total, Subsidies and Grants.................            $659,480            $614,070            $610,980
----------------------------------------------------------------------------------------------------------------

              RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

                         LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

                                             [Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                                Administrative
                                                         Loan level         Subsidy  level         expenses
----------------------------------------------------------------------------------------------------------------
2020 Appropriation..................................          $6,940,000              $3,795             $33,270
2021 Budget Estimate................................           6,190,000               4,554              38,000
Provided in the Bill................................           6,940,000               2,277              33,270
Comparison:
    2020 Appropriation..............................               - - -              -1,518               - - -
    2021 Budget Estimate............................            +750,000              -2,277              -4,730
----------------------------------------------------------------------------------------------------------------

                          COMMITTEE PROVISIONS

    For the Rural Electrification and Telecommunications Loans 
Program Account, the Committee provides a loan level of 
$6,940,000,000. In addition, the Committee provides $33,270,000 
for administrative expenses.
    The following table reflects the loan levels for the Rural 
Electrification and Telecommunications Loans Program Account:

                         [Dollars in Thousands]
------------------------------------------------------------------------
                                   FY 2020       FY 2021      Committee
                                   enacted      estimate      provision
------------------------------------------------------------------------
Loan Authorizations:
Electric:
    Direct, FFB...............    $5,500,000    $5,500,000    $5,500,000
    Guaranteed Underwriting...       750,000         - - -       750,000
                               -----------------------------------------
        Subtotal..............     6,250,000     5,500,000     6,250,000
Telecommunications:
    Direct, Treasury Rate.....       345,000       690,000       345,000
    Direct, FFB...............       345,000         - - -       345,000
                               -----------------------------------------
        Total, Loan               $6,940,000    $6,190,000    $6,940,000
         Authorizations.......
------------------------------------------------------------------------

                           BROADBAND PROGRAM

                         [Dollars in Thousands]
------------------------------------------------------------------------
                                   FY 2020       FY 2021      Committee
                                   enacted      estimate      provision
------------------------------------------------------------------------
Broadband Program:
    Loan Authorization........       $11,179         - - -       $11,179
    Loan Subsidy..............         2,000         - - -         1,884
    Grants....................        35,000        30,000        35,000
Distance Learning and
 Telemedicine:
    Grants....................        50,000        44,000        50,000
                               -----------------------------------------
        Total, Loan Subsidy          $87,000       $74,000       $86,884
         and Grants...........
------------------------------------------------------------------------

                          COMMITTEE PROVISIONS

    For the Broadband Program, the Committee provides an 
appropriation of $1,884,000 for a loan authorization level of 
$11,179,000.
    In addition, the Coronavirus Aid, Relief, and Economic 
Security Act (CARES Act) (P.L. 116-136) included $100,000,000 
for the ReConnect Loan and Grant Program and $25,000,000 for 
Distance Learning and Telemedicine Grants to prevent, prepare 
for, and respond to coronavirus, domestically or 
internationally.
    Broadband Mapping.--The Committee recognizes the 
Department's active engagement on accurate mapping, but still 
has concerns about maps produced by the Federal Communications 
Commission (FCC) to determine eligibility for broadband 
programs. These maps may be outdated and do not use the most 
accurate and granular data available. This puts rural 
communities at a disadvantage, as applicants are unable to 
qualify for grants and loans when these maps show their 
community, farm, or business has access to a level of service 
that they in fact do not. Until Congress and the FCC are able 
to produce higher quality maps, the Committee encourages USDA 
to explore alternative map options which use more accurate 
information to determine eligibility. The Committee also 
encourages the Department to conduct a study of how it can 
improve its eligibility standards to accurately reflect the 
availability of broadband service in the applicant's proposed 
service area in order to fairly and effectively determine 
eligibility for any loans, grants, or other USDA programs.
    Broadband Technologies.--The Committee expects broadband 
investments that utilize varying broadband technologies to 
maximize coverage of broadband with the most benefit to 
taxpayers and the rural communities served. The Department 
shall submit a report to the Committees on Appropriations of 
the House and Senate no later than 180 days from enactment of 
the bill detailing the progress of the ReConnect program, 
including technologies used and communities served.
    Indian Country Broadband.--The Committee urges the USDA to 
responsibly and efficiently take action to increase access to 
broadband on rural Tribal lands and supports consultation with 
federally recognized Indian Tribes, Alaska Native villages and 
corporations, and entities related to Hawaiian homelands.
    Precision Agriculture.--The Committee encourages the 
Department to identify opportunities for public-private 
partnerships to address the scale of the challenge of broadband 
infrastructure and Next Generation Precision Agriculture 
technology deployment. The Committee also directs the Secretary 
to publish a report on their efforts to aggregate local 
initiatives and private partnerships in order to develop the 
best strategies, and the most effective strategies used by 
rural communities to deploy internet infrastructure.
    ReConnect Participation.--The Committee notes that in 
administering the pilot program established by section 779 of 
division A of the Consolidated Appropriations Act, 2018 (Public 
Law 115-141), the Secretary of Agriculture shall, for purposes 
of determining entities eligible to receive assistance, allow 
entities using any form of corporate organization to apply, 
including partnerships of corporations or other properly 
organized entities. Additionally, the Department shall permit 
awardees flexibility to offer service to end-users through 
affiliates, where doing so would facilitate completion of the 
funded projects, provided that the federal interest in the 
funded facilities is adequately secured, whether through a 
lien, a letter of credit, a right to recoup payments (in the 
case of awardees the Secretary deems to be low-risk), or some 
alternate security.
    Telehealth Technologies.--The Committee directs USDA to 
develop strategies that utilize telehealth technologies to 
improve the care of our rural seniors, expectant mothers and 
infants.

                                TITLE IV


                         DOMESTIC FOOD PROGRAMS


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


 
 
 
2020 appropriation....................................          $800,000
2021 budget estimate..................................           813,000
Provided in the bill..................................           809,000
Comparison:
    2020 appropriation................................            +9,000
    2021 budget estimate..............................            -4,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Under Secretary for Food, Nutrition, 
and Consumer Services, the Committee provides an appropriation 
of $809,000.
    Dietary Guidelines for Americans.--The Committee reminds 
USDA and HHS of the importance of a transparent process and the 
use of strong evidence-based science when formulating the 2020 
Dietary Guidelines for Americans (DGA). It is critical that the 
members of the advisory committee remain unbiased in their 
review of science and consider all relevant, evidence-based 
science available through the 2020 DGA process.
    Farmers' Market Nutrition Programs.--The Committee 
recognizes the success of the Senior Farmers' Market Nutrition 
Program (SFMNP) and the WIC Farmers' Market Nutrition Program 
(FMNP). The Committee directs FNS to research the backlog of 
states requesting SFMNP and FMNP funding and to deliver their 
findings to the Committees within 180 days of enactment.
    Food Recovery.--The Committee recognizes the importance of 
preventing edible food from going to waste and encourages FNS 
to make The Emergency Food Assistance Program (TEFAP) State 
agencies aware of ways in which TEFAP can be leveraged to 
support food recovery efforts, including ensuring that TEFAP 
State agencies know that TEFAP administrative funds can be used 
for costs related to picking up and delivering privately 
donated foods. This will assist by encouraging and 
strengthening efforts to provide food to underserved regions.
    Local Food.--The Committee recognizes the growing demand 
for locally and regionally produced food. The Committee 
encourages all nutrition programs, to the extent possible, to 
engage local agriculture producers to enhance small farmers and 
regional producers.
    National Waivers.--The Committee urges the Secretary of 
Agriculture to issue a nationwide waiver as soon as possible 
that extends the current Area Eligibility and Non-Congregate 
Feeding waivers and allows school districts to use Summer 
Foodservice Program and the Seamless Summer Option regulations 
for the duration of the 2020-2021 school year.
    Public Release of Information.--The Committee directs FNS 
to continue making all policy documents related to the WIC 
program (including, but not limited to, instructions, 
memoranda, guidance, and questions and answers) available to 
the public on the Internet within one week of their release to 
WIC state administrators.
    Supplemental Nutrition Assistance Program (SNAP).--The 
Committee remains aware of the challenges people face when 
transitioning out of incarceration, including finding 
employment. Access to nutrition assistance is critical to 
successfully reentering society as it offers temporary 
assistance to ex-offenders as they search for stable 
employment. The Committee continues to direct the Department to 
research and report ways states, especially those who have 
lifted or modified the SNAP drug felony ban, can best serve 
this population, such as but not limited to pre-release 
applications for SNAP and employment and training programs for 
this population and make such findings available online for the 
public to utilize.

                       Food and Nutrition Service


                        CHILD NUTRITION PROGRAMS

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................   $23,615,098,000
2021 budget estimate..................................    25,040,911,000
Provided in the bill..................................    25,131,440,000
Comparison:
    2020 appropriation................................    +1,516,342,000
    2021 budget estimate..............................       +90,529,000
 

                          COMMITTEE PROVISIONS

    For the Child Nutrition Programs, the Committee provides 
$25,131,440,000, which includes $35,000,000 for school meals 
equipment grants, $50,000,000 for the Summer Electronic 
Benefits Transfer (EBT) for Children Demonstration, and 
$1,000,000 for technical assistance related to sodium.
    The Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) (P.L. 116-136) included $8,800,000,000 for Child 
Nutrition Programs to prevent, prepare for, and respond to 
coronavirus, domestically or internationally.
    Added Sugars in School Meals.--Within one year of 
enactment, the Committee requests a report posted publicly on 
FNS's website on the amount of added sugars in school meals, 
based on the most recent existing data. Specifically, the 
Committee is interested in the proportion of meals and 
competitive foods that would meet an added sugar standard 
consistent with the 2015-2020 Dietary Guidelines for Americans 
that no more than 10 percent of calories from the meal or 
competitive food item come from added sugars.
    Cost of School Meals.--The Committee reminds FNS that it is 
interested in understanding the cost of school meals in Guam, 
American Samoa, Puerto Rico, the Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands. It directs FNS to 
include all territories, including those that receive block 
grants, in any studies it does on the Child Nutrition Programs.
    Cost of School Meals in Alaska and Hawaii.--The Committee 
directs the USDA to update its 1979 calculation of the national 
average payment adjustments in Alaska and Hawaii, which was 
required in P.L. 96-627, to reflect the 2021 cost of producing 
a school lunch and a school breakfast.
    Lead in Water.--The Committee recognizes that communities 
across the nation struggle with water access, affordability, 
and quality, which can exacerbate nutritional deficiencies. The 
Committee recognizes good nutrition can help prevent or 
minimize the absorption of lead in the body and encourages USDA 
to improve access to nutritional resources in communities 
facing lead contamination in their water.
    Length of School Meals.--The Committee is aware that 
providing adequate time to eat healthy school meals increases 
the consumption of fruits and vegetables and minimizes food 
waste. The Committee encourages the Department to work with the 
Department of Education to help develop materials encouraging 
adequate mealtimes.
    Local Food in the National School Lunch Program (NSLP).--
The Committee recognizes the NSLP could do more to support 
local economies and businesses through increased participation 
with local producers and encourages efforts to increase local 
food purchases for the NSLP sourced from in-state or 
geographically local growers and producers.
    Nutrition Guidelines for Older Adults.--The Committee 
recognizes that more resources are needed to support the older 
adult day care component of the Child and Adult Care Food 
Program (CACFP). The Committee directs the Administrator of the 
Food and Nutrition Service (FNS) to take steps to better 
disseminate existing information that could help state and 
local entities involved in providing CACFP meals meet the 
varying nutritional needs of older adult participants, as well 
as to continue to identify additional promising practices or 
other information on meal accommodations to share with CACFP 
entities. The Committee directs the FNS Administrator to report 
on its progress to the Senate and House Appropriations 
Committees within 180 days of enactment of this Act.
    Nutrition Innovation and Support.--The Committee recognizes 
that consistent access to fresh and nutritious food is vital to 
children's health and development. The Committee encourages the 
Secretary to provide technical assistance to States pursuing 
efficient, flexible, innovative, and data informed delivery 
models within the Summer Food Service Program. The Committee 
also encourages the Secretary to provide technical assistance 
to schools in preparing fresh fruits and vegetables.
    Pulse Crop Products Program.--Adding more pulse crops in 
the school meal programs may provide a high quality, 
affordable, and versatile source of nutrition for our children. 
The Committee encourages FNS to build greater awareness in the 
number and variety of pulse crop products and pulse ingredients 
available and served to children in school.
    School Breakfast Expansion Grants.--The Committee remains 
concerned that while participation in the School Breakfast 
Program is increasing, many children who are eligible for the 
School Breakfast Program are not participating. Therefore, the 
Committee provides $15,000,000 for grants for expansion of the 
School Breakfast Program, of which $2,000,000 is dedicated to 
the U.S. territories.
    School Nutrition Standards.--Within 120 days of enactment, 
the Committee directs the Department to publish on its website 
data on the compliance of school food authorities with respect 
to the nutritional requirements under section 9(f) of the 
Richard B. Russell National School Lunch Act. The data reported 
should include the total number of school food authorities in 
each state, the number of school food authorities in compliance 
with the requirements, and the percentage of school food 
authorities in compliance with the requirements by state.
    Sodium Reduction.--The Committee recognizes the need for 
additional support for schools to meet the sodium-reduction 
targets and, of the funds made available for Team Nutrition, 
provides $1,000,000 for technical assistance. Within one year 
of enactment, the Committee requests a report to be publicly 
posted on the agency's website on the use of the funds to 
provide schools with technical assistance, training resources, 
and mentoring to meet the sodium-reduction targets. Further, 
the Committee requests information on USDA's plans to update 
the sodium-reduction targets consistent with the 2020 Dietary 
Guidelines for Americans recommendations on sodium. The 
Committee strongly encourages USDA to work with industry and 
other stakeholders to ensure there is a wide variety of lower-
sodium options on the market from which schools can procure.
    Summer EBT.--The Committee recognizes the benefits the 
Summer Electronic Benefits Transfer (EBT) program has had on 
reducing childhood hunger. The Committee provides increased 
funding to serve more children and directs the Department to 
expand the Summer EBT program into new areas while also 
continuing to serve areas that have received such funding in 
prior years. The Committee encourages the Secretary to 
prioritize Summer EBT projects through the SNAP model because 
this model has been shown to have higher levels of 
participation and benefit redemption among children included in 
the demonstration.
    Team Nutrition.--The Committee supports the promotion of 
nutritional health of school children by establishing team 
nutrition networks to promote physical fitness awareness and 
obesity prevention programs, and to establish programs such as 
school gardens. The Committee directs the Secretary to submit a 
report no later than 180 days after the enactment of this Act 
on the program's impact on physical wellness, environmental 
awareness, and nutrition.
    Training for School Food Service Personnel.--The Committee 
recognizes the value of webinars, conference calls, and online 
courses in expanding the reach of trainings for school food 
service personnel. For any in-person trainings for school food 
service personnel, all efforts should be made to ensure those 
trainings are held during normal working hours and in the event 
such a training is scheduled outside working hours, all efforts 
should be made to inform food service personnel of the 
necessity of the training.
    Yogurt.--The Committee is aware that after soliciting 
Requests for Information on the food crediting system for the 
school lunch and breakfast programs, FNS decided to maintain 
the current crediting standard for strained, high-protein 
yogurt. The Committee encourages the Secretary to continue 
evaluating how strained, high protein yogurt is credited based 
on the best available science and provide an update to the 
Committee.
    The following table reflects the Committee recommendations 
for the child nutrition programs:

                         [Dollars in Thousands]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Child Nutrition Programs:
    School Lunch Program.............................        $13,539,797
    School Breakfast Program.........................          5,039,086
    Child and Adult Care Food Program................          4,015,116
    Summer Food Service Program......................            551,944
    Special Milk Program.............................              7,309
    State Administrative Expenses....................            317,044
    Commodity Procurement............................          1,460,769
    Food Safety Education............................              2,988
    Coordinated Review...............................             10,000
    Computer Support and Processing..................             19,366
    Training and Technical Assistance................             34,214
    CNP Studies and Evaluations......................             15,299
    CN Payment Accuracy..............................             11,427
    Farm to School Team..............................              4,077
    Team Nutrition...................................             18,004
    School Meals Equipment Grants....................             35,000
    Summer EBT Demonstration.........................             50,000
        Total........................................         25,131,440
------------------------------------------------------------------------

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN 
                                 (WIC)

 
 
 
2020 appropriation....................................    $6,000,000,000
2021 budget estimate..................................     5,451,501,000
Provided in the bill..................................     5,750,000,000
Comparison:
    2020 appropriation................................      -250,000,000
    2021 budget estimate..............................      +298,499,000
 

                          COMMITTEE PROVISIONS

    For the Special Supplemental Nutrition Program for Women, 
Infants, and Children, the Committee provides an appropriation 
of $5,750,000,000. The Committee provides $90,000,000 for the 
breastfeeding peer counselor program and $14,000,000 for 
infrastructure.
    The Families First Coronavirus Response Act (P.L. 116-127) 
included $500,000,000 for the Special Supplemental Nutrition 
Program for Women, Infants, and Children program.
    USDA data shows that WIC participation rates have decreased 
steadily since fiscal year 2010. The President's budget request 
includes a projection of an average monthly participation rate 
of 6.2 million women, infants, and children for fiscal year 
2021.
    USDA is estimating recovery and carryover funds to be 
higher than average. Furthermore, the Secretary has a WIC 
contingency reserve fund as a safety net to meet unexpected 
demand. With lower participation rates, higher carryover funds, 
and an ample reserve fund, the Committee provides funding that 
will ensure all eligible participants will be served. Further, 
the Committee notes that any unspent funds from the Families 
First Coronavirus Response Act would be available for use in 
meeting fiscal year 2021 needs.
    The Committee recognizes that, due to COVID-19, funding 
needs might change before the final 2021 bill is enacted. The 
Committee is steadfast in its commitment to fully fund WIC and 
will continue to monitor WIC participation, the status of funds 
appropriated in the Families First Coronavirus Response Act, 
carryover funds, and food costs, and it will take additional 
action as necessary to ensure that funding provided in fiscal 
year 2021 remains sufficient to serve all eligible applicants.
    Breastfeeding Rates.--The Committee is interested in 
understanding how to improve breastfeeding rates, especially as 
higher rates have been linked to lower childhood obesity. The 
Committee also recognizes that there are many barriers to 
breastfeeding as detailed in CDC's 2018 Breastfeeding Report 
Card. Each year, FNS awards some state agencies bonus awards 
for their successful efforts in promoting and supporting 
breastfeeding among WIC participants. The Committee directs FNS 
to review the work of awardees from previous years to look for 
commonalities and trends.
    COVID-19 Outreach and Education.--The Committee encourages 
the Department, through the WIC program, to share education and 
outreach materials which provide guidance to pregnant women on 
the effects and management of COVID-19.
    Maternal Mortality Data.--The Committee directs the 
Secretary to conduct a review of existing evidence and develop 
a plan to build evidence on the impact of the WIC Program on 
reducing maternal mortality among specific populations of 
mothers with the highest maternal mortality rates in the U.S., 
which includes African American, Native Hawaiian/Pacific 
Islander, and Indigenous (American Indian and Alaskan Native) 
mothers. An emphasis should be placed on the needs of 
disadvantaged communities of color. Within 180 days of the 
enactment of this Act, the USDA shall submit to the Committee a 
report setting forth a timeline and process for reviewing 
existing evidence, building new evidence, and analyzing data, 
disaggregated by race and ethnicity, for all the main 
categories of indicators tracked, and for publishing an annual, 
publicly available report describing the methodology and the 
results of the analysis as well as a summary of the data.
    WIC Food Package.--The Committee recognizes that up-to-date 
food packages, comprised of a diversity of foods and reflective 
of community preferences results in women and children 
consuming healthy diets. The Committee encourages the Secretary 
to propose updates not less than eighteen months following the 
scientific review of the WIC food package options.
    WIC Study.--The Committee directs FNS to publish state 
level estimates of the percentage of pregnant women, infants, 
and children under 5 participating in the Supplemental 
Nutrition Assistance Program under the Food and Nutrition Act 
of 2008 (7 U.S.C. 2011 et seq.) but not in this program and the 
percentage of pregnant women, infants, and children up to age 5 
participating in the Medicaid program (42 U.S.C. 1396 et seq.) 
with income less than the limit in section 17(d)(2)(A)(i) of 
the Child Nutrition Act of 1966 but not in this program.

               SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

 
 
 
2020 appropriation....................................   $67,886,285,000
2021 budget estimate..................................    68,281,364,000
Provided in the bill..................................    68,277,362,000
Comparison:
    2020 appropriation................................      +391,077,000
    2021 budget estimate..............................        -4,002,000
 

                          COMMITTEE PROVISIONS

    For the Supplemental Nutrition Assistance Program, the 
Committee provides $68,277,362,000. The total amount includes 
$3,000,000,000 for a contingency reserve to be used only in the 
amount necessary.
    In addition, the Families First Coronavirus Response Act 
(P.L. 116-127) included $100,000,000 to provide nutrition 
assistance grants to Puerto Rico, American Samoa, and the 
Commonwealth of the Northern Mariana Islands, and $400,000,000 
for the Emergency Food Assistance Program (TEFAP) to prevent, 
prepare for, and respond to coronavirus.
    The Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) (P.L. 116-136) included $15,500,000,000 in 
additional funding for SNAP, $450,000,000 for TEFAP, 
$200,000,000 to provide nutrition assistance grants to Puerto 
Rico, American Samoa, and the Commonwealth of the Northern 
Mariana Islands, and $100,000,000 in additional funding for the 
Food Distribution Program on Indian Reservations to prevent, 
prepare for, and respond to coronavirus domestically or 
internationally.
    The President's budget request includes a projection of an 
average monthly participation rate of 37.2 million participants 
for fiscal year 2021. Due to COVID-19, the Committee is aware 
this projection will likely change and is dedicated to fully 
funding SNAP.
    The Committee strongly condemns USDA's continued efforts to 
restrict access and limit eligibility for SNAP. The Committee 
recognizes SNAP is one of the most effective forms of economic 
stimulus and is dedicated to removing barriers to 
participation. Thus, the Committee includes bill language to 
block the Able-Bodied Adults Without Dependents rule (ABAWD) 
and the Standard Utility Allowance rule (SUA), and strongly 
encourages the Secretary to withdraw the Broad-Based 
Categorical Eligibility rule (BBCE). These three rules would 
take away SNAP benefits from nearly 4 million people and the 
Committee believes this will worsen the unprecedented economic 
uncertainty among our nation's most vulnerable populations.
    College Hunger.--The Committee remains concerned that SNAP-
eligible students who are food-insecure lack proper information 
about resources available to them. The Committee continues to 
direct FNS to make information available on its website 
regarding student SNAP eligibility requirements easier to 
understand and more accessible. The Committee further directs 
FNS regional offices to collect and review information about 
existing SNAP flexibilities and examples of approaches state 
SNAP agencies are taking to assist eligible college students to 
access SNAP benefits and share such information with state SNAP 
agencies. It also directs the Secretary to work with the 
Department of Education to share these best practices with 
higher education institutions. Finally, it directs USDA to 
develop and submit to the Committee a funding proposal to 
address college hunger, especially at the community college 
level.
    Food Distribution Program on Indian Reservations (FDPIR) 
Demonstration Project for Tribal Organizations.--The Committee 
continues to support FDPIR and the ability of tribal 
organizations to enter into 638 self-determination contracts 
for the procurement of FDPIR foods, which would promote tribal 
sovereignty and allow tailoring of this vital program to meet 
specific tribal cultural and local needs. The Committee 
provides $3,000,000 for the 638 Tribal Self Governance 
Demonstration Program for Tribal Organizations as described in 
Section 4003 of P.L. 115-334. The Committee encourages FNS, in 
collaboration with AMS, to provide information to the FDPIR 
community on how tribal vendors can sell foods to USDA for use 
in food distribution programs. The Secretary is directed to 
notify the Committee of the Department's efforts to engage 
tribes in the demonstration program and tribal participation in 
fiscal year 2020.
    Nutrition Assistance Program (NAP) Transparency.--The 
Committee recognizes the importance of transparency and data 
availability for Puerto Rico's Nutrition Assistance Program 
(NAP). The Committee continues to direct the Secretary to 
publish information regarding monthly enrollment, issuance data 
and the Commonwealth's State Plan of Operations for NAP on the 
Department's web site.
    SNAP Payment Integrity.--The Committee directs the 
Secretary to continue reviewing and evaluating the verification 
process of earned income at certification and recertification 
of applicant households for the SNAP program using electronic 
data matching. The fiscal year 2020 Bill provided $2,000,000 
for this purpose and the Committee looks forwarding to 
reviewing the results of the evaluation.
    The following table reflects the Committee recommendations 
for SNAP:

                         [Dollars in Thousands]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Supplemental Nutrition Assistance Program Account:
    Benefits.........................................        $56,152,245
    Contingency Reserve..............................          3,000,000
Administrative Costs:
    State Administrative Costs.......................          5,313,427
    Nutrition Education and Obesity Prevention Grant             448,000
     Program.........................................
    Employment and Training..........................            625,778
    Mandatory Other Program Costs....................            278,934
    Discretionary Other Program Costs................                998
                                                      ------------------
        Administrative Subtotal......................          6,667,137
    Nutrition Assistance for Puerto Rico (NAP).......          1,971,415
    American Samoa...................................              7,917
    Food Distribution Program on Indian Reservations.            134,000
    TEFAP Commodities................................            322,500
    Commonwealth of the Northern Mariana Islands.....             12,148
    Community Food Project...........................              5,000
    Program Access...................................              5,000
        Subtotal.....................................          2,457,980
            Total....................................        $68,277,362
------------------------------------------------------------------------

                      COMMODITY ASSISTANCE PROGRAM

 
 
 
2020 appropriation....................................      $344,248,000
2021 budget estimate..................................        80,700,000
Provided in the bill..................................       390,700,000
Comparison:
    2020 appropriation................................       +46,452,000
    2021 budget estimate..............................      +310,000,000
 

                          COMMITTEE PROVISIONS

    The Committee provides an appropriation of $390,700,000 for 
the Commodity Assistance Program. The recommended funding level 
for the Commodity Supplemental Food Program is $290,000,000. 
The Committee recognizes the importance of the CSFP, which 
improves the health of low-income elderly persons at least 60 
years of age by supplementing their diets with nutritious 
foods. The amount provided fully funds expected caseload.
    The Committee recommendation includes $20,000,000 for the 
Farmers' Market Nutrition Program, an increase of $1,452,000, 
and maintains the 2020 levels of $79,630,000 for administrative 
funding for The Emergency Food Assistance Program (TEFAP) and 
$1,070,000 for the Food Donations Programs for Pacific Island 
Assistance.
    TEFAP Handling and Distribution Costs.--In addition to 
grant funds supporting commodity handling and distribution 
costs, the bill permits states to use up to 20 percent of the 
funds provided for purchasing TEFAP commodities to help with 
the costs of storing, transporting, and distributing 
commodities. The Committee expects state agencies to consult 
with their emergency feeding organizations on the need for the 
conversion of such funds.

                   NUTRITION PROGRAMS ADMINISTRATION

 
 
 
2020 appropriation....................................      $155,891,000
2021 budget estimate..................................       155,251,000
Provided in the bill..................................       156,368,000
Comparison:
    2020 appropriation................................          +477,000
    2021 budget estimate..............................        +1,117,000
 

                          COMMITTEE PROVISIONS

    For Nutrition Programs Administration, the Committee 
provides $156,368,000, including $2,000,000 to continue the 
Congressional Hunger Center Fellows Program.

                                TITLE V


                FOREIGN ASSISTANCE AND RELATED PROGRAMS


   Office of the Under Secretary for Trade and Foreign Agricultural 
                                Affairs


 
 
 
2020 appropriation....................................          $875,000
2021 budget estimate..................................           891,000
Provided in the bill..................................           887,000
Comparison:
    2020 appropriation................................           +12,000
    2021 budget estimate..............................            -4,000
 

                          COMMITTEE PROVISIONS

    For the Office of the Under Secretary for Trade and Foreign 
Agricultural Affairs, the Committee provides an appropriation 
of $887,000.
    Program Flexibilities.--The Committee supports expanding 
the utilization of various modalities, including vouchers, 
monetary transfers, and locally and regionally procured 
assistance, in addition to in-kind contributions from the 
United States, in order to address hunger and assist those in 
emergency situations around the globe with the most 
appropriate, efficient, and timely means available. The 
Committee recognizes that protocols are in place to assist in 
determining which modality response is most appropriate for 
each situation. This modality decision tool incorporates 
factors such as market suitability, context-specific restraints 
to success and identified objectives, and cost efficiency. 
Given the level and scale of complex international humanitarian 
disasters, and the fact that population needs and contexts 
differ widely among crises, the Committee encourages the 
Department to utilize whatever modality responses are most 
appropriate, including use of local or regional procurement, 
cash transfers, vouchers, and in-kind contributions from the 
United States.

                      Office of Codex Alimentarius


 
 
 
2020 appropriation....................................        $4,775,000
2021 budget estimate..................................         4,817,000
Provided in the bill..................................         4,805,000
Comparison:
    2020 appropriation................................           +30,000
    2021 budget estimate..............................           -12,000
 

                          COMMITTEE PROVISIONS

    For the Office of Codex Alimentarius, the Committee 
provides an appropriation of $4,805,000.

                      Foreign Agricultural Service


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

----------------------------------------------------------------------------------------------------------------
                                                                              Transfer from
                                                           Appropriation       export loan           Total
                                                                                 account
----------------------------------------------------------------------------------------------------------------
 2020 appropriation....................................       $215,513,000         $6,063,000       $221,576,000
2021 budget estimate...................................        193,703,000          6,063,000        199,766,000
Provided in the bill...................................        222,243,000          6,063,000        228,306,000
Comparison:
    2020 appropriation.................................         +6,730,000              - - -         +6,730,000
    2021 budget estimate...............................        +28,540,000              - - -        +28,540,000
----------------------------------------------------------------------------------------------------------------

                          COMMITTEE PROVISIONS

    For the Foreign Agricultural Service, the Committee 
provides an appropriation of $222,243,000 and a transfer of 
$6,063,000 for a total appropriation of $228,306,000.
    The Committee provides increases in funding of $1,540,000 
for International Cooperative Administrative Support Services, 
$258,000 for Capital Security Cost Sharing, $2,500,000 for 
locally employed staff, $727,000 for rightsizing, and 
$1,705,000 for pay and retirement contributions.
    The Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) (P.L. 116 136) included $4,000,000 to relocate FAS 
employees and their dependents from overseas.
    Farmer-to-Farmer.--The Committee notes that last year's 
House report directed USDA to provide a briefing to the 
Committee on how USDA can maximize its participation in the 
John Ogonowski and Doug Bereuter Farmer-to-Farmer program 
(Farmer-to-Farmer). As part of the brief, the Committee directs 
USDA to include a list of recommendations for how to enhance 
its participation in Farmer-to-Farmer, including a discussion 
of how Farmer-to-Farmer can work collaboratively with other 
USDA-funded programs such as 4-H, the Cooperative Extension 
System, the McGovern-Dole International Food for Education and 
Child Nutrition Program, and other government agencies such as 
U.S. Fish and Wildlife Service. In addition, the Committee 
directs USAID to coordinate with USDA on incorporating the role 
of the agricultural officer to maximize the efficacy of the 
Farmer-to-Farmer program.
    International Agricultural Education Fellowship.--The 
Committee provides $1,000,000 for this program as authorized in 
the 2018 Farm Bill. The Committee notes that last year's House 
Report directed USDA to brief the Committees on how the 
International Agricultural Education Fellowship program will 
work in collaboration with other ongoing Foreign Agricultural 
service program to achieve USDA's goals. The Committee expects 
this brief to also include a discussion of how this program 
will work in collaboration with other USDA-funded programs such 
as 4-H, the Cooperative Extension System, the McGovern-Dole 
International Food for Education and Child Nutrition Program, 
and other government agencies such as U.S. Fish and Wildlife 
Service.
    Technical Assistance.--The Committee recognizes the 
challenge of global hunger and the need to improve the delivery 
of assistance to meet food security requirements and to improve 
nutritional standards for underserved populations. The 
Committee encourages the Department to provide technical 
assistance to international entities and organizations that 
develop and improve food and nutrition safety net systems. The 
Committee directs the Department to provide to the Committees 
on Appropriations of both Houses of Congress, not later than 
180 days, after the enactment of this Act a briefing on its 
ongoing and previous technical assistance efforts described 
above.
    U.S.-Central America, Mexico Cooperation.--The Committee 
directs FAS to work with its counterparts in Central America 
and Mexico to develop agricultural working groups focused on 
improving the efficiency of the agricultural inspection process 
and agricultural trade facilitation issues. In addition, FAS 
shall use existing programs for academic exchanges in 
agriculture-related fields of study in this region. The 
Committee notes that last year's House Report directed the 
Department to brief the Committees on these efforts. The 
Committee looks forward to receiving this report.

  FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM 
                                ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

 
 
 
2020 appropriation....................................          $142,000
2021 budget estimate..................................           112,000
Provided in the bill..................................           112,000
Comparison:
    2020 appropriation................................           -30,000
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For administrative expenses to carry out the credit program 
of Food for Peace Title I, Food for Peace Act, and the Food for 
Progress Act, the Committee provides an appropriation of 
$112,000.

                     Food for Peace Title II Grants


 
 
 
2020 appropriation....................................    $1,725,000,000
2021 budget estimate..................................             - - -
Provided in the bill..................................     1,775,000,000
Comparison:
    2020 appropriation................................       +50,000,000
    2021 budget estimate..............................    +1,775,000,000
 

                          COMMITTEE PROVISIONS

    For Food for Peace Title II grants, the Committee provides 
$1,775,000,000.

  MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION 
                             PROGRAM GRANTS

 
 
 
2020 appropriation....................................      $220,000,000
2021 budget estimate..................................             - - -
Provided in the bill..................................       235,000,000
Comparison:
    2020 appropriation................................       +15,000,000
    2021 budget estimate..............................      +235,000,000
 

                          COMMITTEE PROVISIONS

    For McGovern-Dole International Food for Education and 
Child Nutrition Program Grants (``McGovern-Dole''), the 
Committee provides an appropriation of $235,000,000.
    Nutrition Targets.--The Committee directs the Department to 
submit to the Committees on Appropriations of both Houses of 
Congress not later than 180 days after the enactment of this 
Act a report on nutrition outcomes achieved by the McGovern-
Dole program.
    School Year Considerations.--The Committee recognizes the 
importance of making McGovern-Dole program assistance available 
at the start of the school term and encourages the Department 
to take special efforts to ensure school feeding programs and 
the school year begin together.

              COMMODITY CREDIT CORPORATION EXPORT (LOANS)

                    CREDIT GUARANTEE PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

 
 
 
2020 appropriation....................................        $6,381,000
2021 budget estimate..................................         6,381,000
Provided in the bill..................................         6,381,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For administrative expenses of the Commodity Credit 
Corporation Export Loans Credit Guarantee Program Account, the 
Committee provides an appropriation of $6,381,000.

                                TITLE VI


           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION


                DEPARTMENT OF HEALTH AND HUMAN SERVICES


                      Food and Drug Administration


                         SALARIES AND EXPENSES

                         [Dollars in Thousands]
------------------------------------------------------------------------
                                                             Total, FDA
                               Appropriation    User fees        S&E
------------------------------------------------------------------------
2020 Appropriation...........     $3,159,678    $2,612,764    $5,772,442
2021 Budget Estimate.........      3,206,564     2,690,735     5,897,299
Provided in the bill.........      3,200,506     2,690,735     5,891,241
Comparison:
    2020 Appropriation.......        +40,828       +77,971      +118,799
    2021 Budget Estimate.....         -6,058         - - -        -6,058
------------------------------------------------------------------------

    The Committee provides an appropriation of $3,200,506,000 
in new budget authority for the FDA. In addition, the Committee 
recommends the following user fee amounts: $1,119,188,000--
prescription drugs; $238,595,000--medical devices; 
$526,039,000--human generic drugs; $42,998,000--biosimilar 
biologicals; $31,306,000--animal drugs; $20,609,000--animal 
generic drugs; and $712,000,000--tobacco products.
    The combination of new budget authority and definite user 
fees provides the FDA with a total discretionary salaries and 
expenses level of $5,891,241,000. This total does not include 
permanent, indefinite user fees for: the Mammography Quality 
Standards Act; Export Certification; Priority Review Vouchers 
for Pediatric Disease; Food and Feed Recall; Food Reinspection; 
Voluntary Qualified Importer Program; Third-Party Auditor 
Program; Outsourcing Facilities; and Over-the-Counter 
Monograph.
    The Committee recommendation includes a net increase of 
$40,828,000, including increases for the following programs or 
initiatives: Strengthening Response Capabilities for Foodborne 
Outbreaks; Cannabis and Cannabis Derivatives; Artificial 
Intelligence and Other Emerging Technologies; Transform Medical 
Device Safety, Cybersecurity, Review, and Innovation; 
Compounding; and Modernizing Influenza Vaccines.
    The Committee recommendation does not include proposed user 
fees that are not authorized.
    Because it was not in the budget request, the Committee 
does not include funding for a civilian pay increase across the 
agency. Should the President provide a civilian pay increase 
for fiscal year 2021, it is assumed that the cost of such a pay 
increase will be absorbed within existing appropriations for 
fiscal year 2021.
    The Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act) (P.L. 116-136) and the Coronavirus Preparedness and 
Response Supplemental Act, 2020 (P.L. 116-123) included a total 
of $142,000,000 for the Food and Drug Administration to 
prevent, prepare for, and respond to coronavirus, domestically 
or internationally. In addition, the Paycheck Protection 
Program and Health Care Enhancement Act (P.L. 116-139) included 
a transfer of $22,000,000 for FDA activities associated with 
COVID-19 tests.
    Allergen Labeling.--The Committee provides an increase of 
$1,500,000 to the Center for Food Safety and Applied Nutrition 
(CFSAN) for work related to allergen labeling. The Committee 
remains concerned about limited action to date requiring 
labeling for sesame. Sesame allergy is close in prevalence and 
higher in severity than some of the major allergens currently 
required to be labeled in the United States, and a greater 
fraction of adults with sesame allergy reported an emergency 
room visit related to food allergy in the past years than 
adults with any other major food allergy. Yet sesame is not 
labeled on food packages and can be hidden as a spice or 
natural flavor. The Committee urges the FDA to act swiftly to 
address this risk by requiring labeling for sesame, the same as 
other major food allergens.
    Animal Drug Compounding.--The Committee wants to ensure 
that GFI #256 on animal drug compounding, which FDA issued on 
November 20, 2019, does not create the same issues that 
resulted in withdrawal of the previous draft guidance, GFI 
#230. The Committee expects that any finalized guidance on 
compounding for animal health will preserve treatment options 
available to veterinarians, will reflect public input, and will 
recognize the need for compounded medications by pet owners, 
animal shelters, zoos and other stakeholders.
    Animal Health Products.--The Committee notes livestock and 
pets need innovative animal health products to address unmet 
health and nutrition needs and encourages the FDA Center for 
Veterinary Medicine to prepare ideas for modernizing the 
innovation review process in the next Animal Drug User Fee Act 
reauthorization.
    Animal Testing.--The Committee is encouraged by FDA efforts 
to develop alternatives to the use of live dogs in veterinary 
drug testing and allow drug sponsors to use these alternative 
non-animal tests in regulatory submissions. The Committee urges 
the FDA to expand on these efforts and provide not later than 
60 days after the enactment of this Act a report on current FDA 
policies and procedures that allow the submission, 
consideration, and approval of drug safety data obtained using 
human-relevant alternative test methods and on the processes by 
which stakeholders and Congress are notified of proposed 
changes to FDA animal testing requirements before and after 
implementation.
    Antimicrobial Resistance.--The Committee provides 
$1,000,000 in additional funding to the Food and Drug 
Administration for use by the Center for Veterinary Medicine 
(CVM) to carry out work combating antibiotic resistance. In 
particular, the Committee requests the additional funding be 
used to support implementation of FDA's 5-year plan for 
supporting antimicrobial stewardship in animals, which includes 
steps to mitigate antibiotic resistance by ensuring that 
medically important antibiotics for use in food-producing 
animals have clearly defined durations of use. The Committee 
expects the agency to issue draft guidance describing a 
strategy for clearly defining durations of use that are 
consistent with existing regulations and guidance in order to 
protect public health by the end of fiscal year 2021.
    Automated Compounding.--The Committee encourages FDA to 
review policies, regulations, and guidance to incorporate and 
incentivize the use of automation technology to enhance safety, 
improve accuracy, and facilitate compliance in drug 
compounding.
    Automated Microbial Detection.--The Committee is aware of 
automated microbial detection systems in health care 
manufacturing and their ability to mitigate risks to the safety 
of the American drug supply due to expanding reliance on global 
supply chains. The Committee encourages FDA to understand how 
these critical technologies can increase the efficiency and 
safety of the domestic medical product manufacturing and supply 
chain.
    Bacterial Risk Control Strategies for Blood Collection.--
The Committee is pleased that FDA finalized its guidance 
document on Bacterial Risk Control Strategies for Blood 
Collection Establishments and Transfusion Services. The 
Committee remains concerned about this risk and urges FDA to 
ensure future approvals and clearances consistent with this 
guidance for industry are supported by strong patient safety 
data.
    Biofilm Regulatory Science Research.--Within available 
funds for the National Center for Toxicological Research, the 
Committee provides $500,000 to increase regulatory research 
activities to improve the understanding of biofilms and the 
regulatory science of biofilms associated with FDA work on 
medical devices, especially devices that may be used multiple 
times within a health care setting, drug delivery, and public 
health.
    Blood Donor Procedures.--The Committee recognizes the need 
for scientifically sound, evidence-based policy which 
recognizes the importance of specific behavioral-risk factors 
for blood borne illness relative to FDA blood donor guidelines. 
The Committee directs FDA to continue to evaluate the current 
time-based blood donation deferral policy and consider 
alternative procedures that would maintain the current level of 
safety and reduce the risk of HIV transmission through blood 
and blood components.
    Cancer Immunotherapy Clinical Trials.--The Committee is 
encouraged by FDA's ongoing efforts to accelerate the review 
and approval of cancer immunotherapies. In anticipation of an 
influx of new clinical trials involving combination regimens, 
the Committee urges FDA to work with and provide guidance to 
the research community and pharmaceutical industry surrounding 
standardized clinical trial design considerations for 
immunotherapy-based combinations in order to help clinicians 
better select optimal treatment options for their patients, as 
well as expedite regulatory review of novel regimens.
    Cannabidiol Enforcement.--The Committee provides an 
increase of $5,000,000 for enforcing the law to protect 
patients and the public while also providing a potential 
regulatory pathway for cannabis and cannabis derived products. 
The Committee maintains its concern about the proliferation of 
foods and dietary supplements marketed in violation of the 
Federal Food, Drug and Cosmetic Act (FFDCA), including products 
containing cannabis and cannabis-derived ingredients. Non-
FFDCA-compliant products continue to pose potential health and 
safety risks to consumers through unsubstantiated and 
misleading claims such as treating a wide-range of life-
threatening diseases and conditions. The Committee expects the 
FDA to continue to prioritize consumer-safety through 
application of the law.
    Canned Tuna.--The Committee is concerned that FDA has not 
revised the standard of identity for canned tuna to adopt the 
drained weight fill of container standard despite having 
received two citizens petitions, as far back as 1994. FDA is 
directed to provide an update on the status of its review of 
the citizen petitions related to the standard of identity for 
canned tuna within 90 days.
    Center for Food Safety and Applied Nutrition Centers of 
Excellence.--The Committee is aware of the important 
contribution of the FDA Center for Food Safety and Applied 
Nutrition's Centers of Excellence (COEs) program in supporting 
critical basic research as well as facilitating the 
implementation of the FDA Food Safety Modernization Act. The 
Committee encourages the Agency to continue to fully utilize 
the COEs to accomplish these goals.
    Center for Tobacco Products.--The Committee is aware that 
the Family Smoking Prevention and Tobacco Control Act requires 
new tobacco products to undergo a product review by the Food 
and Drug Administration to ensure that they meet the applicable 
standard for authorization (e.g., appropriate for the 
protection of public health). The Committee also knows that 
manufacturers of e-cigarettes and other deemed tobacco products 
already on the market as of the effective date of the deeming 
rule were required to submit product applications to the Food 
and Drug Administration by September 9, 2020. Given that the 
Food and Drug Administration and Surgeon General have called 
youth use of e-cigarettes an epidemic and a recent Surgeon 
General report concluded that there is presently inadequate 
evidence to conclude that e-cigarettes, in general, increase 
smoking cessation, it is the view of the Committee that any e-
cigarette that has increased or is likely to increase youth 
initiation of nicotine or tobacco products cannot meet the 
public health standard required under the Tobacco Control Act. 
It is also the expectation of the Committee that the Food and 
Drug Administration will promptly take enforcement action to 
remove from the market any new deemed tobacco product on the 
market as of August 8, 2016, for which a manufacturer has not 
submitted a premarket tobacco application, a substantial 
equivalence (SE) report, or an SE exemption request by 
September 9, 2020. The Committee also directs the FDA, 
consistent with all applicable disclosure laws and regulations, 
within 180 days of enactment to provide the Committee a list of 
all e-cigarettes and other deemed tobacco products on the 
market as of August 8, 2016, for which marketing applications 
were submitted by September 9, 2020 and a report on the effect 
that its January 2, 2020 guidance, which prioritized 
enforcement against certain flavored ENDS on the market, is 
having on youth, including whether youth are switching to 
flavored ENDS that are not subject to prioritized enforcement 
under the guidance.
    Chemicals in Cosmetics.--The Committee expresses concern 
over the effect of toxic chemicals in cosmetics. The Committee 
requires a report from the Commissioner within 180 days on the 
health effects of talc, asbestos and lead.
    Clinical Trials Reporting Requirements.--The Committee is 
aware of direction in the 21st Century Cures Act on activities 
the FDA must take to encourage compliance with 
ClinicalTrials.gov data bank registration and results 
submission requirements. The Committee looks forward to 
reviewing these upcoming reports.
    Compounding Center of Excellence.--The Committee supports 
the development of the Compounding Center of Excellence, which 
expands engagement with outsourcing facilities regarding good 
manufacturing practices, thereby helping these facilities 
adhere to the quality standards needed to protect patient 
health and support sector growth in small, underserved 
communities. The Committee encourages FDA to make concerted 
efforts to advise small compounders on how best to navigate 
regulations concerning distributing and dispensing practices, 
so these businesses may continue to adequately service local 
communities and individual patient needs.
    Cosmetic Safety.--The Committee remains concerned over the 
importance of ensuring the safety of cosmetics and reminds the 
FDA of its commitment to work with stakeholders and Congress to 
modernize the regulatory framework for cosmetics. The Committee 
reminds the FDA of its requirement in P.L. 116-94 to report to 
the Committee on a path to establishing Good Manufacturing 
Practices for cosmetics, as a way to further ensure cosmetic 
safety.
    COVID-19 Response.--The Committee has been closely 
following FDA's activities in response to the COVID-19 
pandemic. The FDA is the nation's final check on whether a 
medical device or product is safe and effective for its 
intended usage prior to entering the marketplace. The COVID-19 
pandemic has highlighted the importance of that final step and 
the difficult balance FDA must strike between moving quickly 
and still maintaining the highest standards of public safety. 
During the early days of the COVID-19 response, the FDA's 
efforts were narrowly focused on a single diagnostic test, 
resulting in unfortunate delays to engaging and fully utilizing 
the nation's existing testing capabilities. The Committee 
highlighted some of these concerns and subsequent testing 
delays during a budget hearing in March. The revisions to FDA 
policy guidance documents regarding serological tests and the 
two-month window between first announcing the policy and 
revising it created an opportunity for numerous entrants in a 
market with poor quality control and raised concerns about the 
effectiveness of these tests. These are just two examples of 
how difficult it is to judge the balance between speed and 
accuracy, and which is the most appropriate response at any 
given time. The Committee recognizes the difficulty FDA faces 
and the enhanced scrutiny placed on each of the agency's 
decisions during this pandemic. However, while the Committee 
understands that this pandemic has created an unprecedented 
event, the true tragedy will exist if FDA does not learn from 
its mistakes as it moves forward. Therefore, the Committee 
directs FDA to contract with an independent entity to provide 
to the Committee not later than 180 days after the enactment of 
this Act a comprehensive assessment of its COVID response, 
highlighting failures and successes, to better understand how 
the agency can improve its response capabilities and enhance 
its ongoing activities to protect the public health. The 
assessment shall also include a section regarding the Emergency 
Use Authorization (EUA) process for COVID-19 tests and how the 
agency prioritized the processing of the applications, the 
comprehensiveness of the diagnostic result, and existing FDA-
approved methods.
    Dairy Standard of Identity.--The Committee is pleased that 
the FDA has begun a deliberative process to review how it will 
enforce the standards of identity for dairy products as 
described in 21 Code of Federal Regulations parts 131, 133, and 
135. The Committee urges the FDA to continue its work toward 
ultimately enforcing standards of identity for dairy products.
    Dietary Supplements.--The Committee supports FDA's 
enforcement actions against manufacturers of dietary supplement 
products that are adulterated or misbranded. The Committee has 
been pleased with the agency's efforts to strengthen regulation 
of dietary supplements including through the use of the Dietary 
Supplement Ingredient Advisory List and encourages the 
continuation of increased enforcement activities and 
interagency collaborations with the Department of Justice to 
remove illegal dietary supplements from the market. The 
Committee expects FDA will continue to update the Committee 
explaining how the agency carries out risk-based enforcement of 
dietary supplement product manufacturers and the resources it 
uses for these activities.
    Donor Human Milk.--The Committee urges the FDA to develop a 
plan for classifying all donor human milk. It further urges FDA 
to continue to regulate human milk-derived products that meet 
the statutory definition of infant formula and that are 
intended for consumption by low birth weight infants or those 
infants who otherwise have unusual medical or dietary problems 
as exempt infant formulas, and to regulate them as specified by 
the Infant Formula Act.
    Drug Compounding and Final MOU.--The Committee recognizes 
the FDA recently finalized the MOU for pharmacy compounding. 
The Committee requests that FDA engage further with 
stakeholders to address concerns and to ensure that all or 
nearly all states can sign this important document.
    Drug Compounding Pharmacist on Pharmacy Compounding 
Advisory Committee.--The Committee recognizes that the Pharmacy 
Compounding Advisory Committee established under the Drug 
Quality and Security Act (DQSA) needs to adequately represent 
the interests and needs of providers and patients who use and 
depend on compounded medications. Compounding is often 
practiced in community settings. It is therefore vital that 
voting members of PCAC have a thorough understanding of 
compounding in a community setting in order to appropriately 
advise FDA. The Committee encourages FDA to appoint qualified 
voting members with recent, actual, and diverse experience in 
the preparation, prescribing, and use of compounded 
medications.
    DQSA Implementation.--The Committee is aware of concerns 
about FDA's implementation of the DQSA as it relates to USP 
dietary supplement monographs. Last year's House Report 
directed the FDA to brief the Committee with an update on the 
issue, the Committee looks forward to receiving the briefing.
    Electronic Nicotine Delivery Systems (ENDS) Testing 
Standardization.--The Committee directs the FDA, within 
available funds for the Center for Tobacco Products, to conduct 
research focusing on developing standardized testing protocols 
that generate accurate and reliable testing data on ENDS and 
their use. The Committee supports FDA's plan to include 
$5,000,000 toward these efforts. Laboratories that study these 
products currently employ numerous methodologies for studying 
the devices and compounds in e-liquids and the aerosols that 
they emit. The development of standardized protocols for 
testing ENDS products, as has been done for testing combusted 
tobacco products, would provide accurate and reliable data that 
could better determine the effects of ENDS on human health. The 
Committee encourages FDA to work within the national or 
international research community to conduct research and make 
recommendations on the standardization of testing protocols for 
ENDS, including e-liquids.
    FDA Partnerships under FSMA.--The purpose of FSMA is to 
reform the nation's food safety laws to ensure a safe public 
food supply. As FDA continues implementation of FSMA, the 
Committee encourages FDA to work in partnership with existing 
government food safety programs through MOUs to verify 
compliance with FSMA rules once they are finalized as a way to 
eliminate duplication of activities under the law.
    Foreign Unannounced Inspections Pilots.--The Committee is 
concerned that FDA's drug inspection program continues to fall 
behind the levels needed to match the growth in foreign drug 
manufacturing facilities. The Committee recognizes that FDA's 
drug inspection program has responded to the shifting global 
market by implementing a risk-based approach that prioritizes 
limited inspection resources. However, the Committee notes that 
FDA's regular practice of preannouncing foreign drug 
inspections well in advance of an inspection, raises serious 
questions about parity with domestic inspections, which are 
almost always unannounced. The Committee is aware that in 2014 
the FDA created a pilot program in India that eliminated 
advance notice of inspections and instead used short notice or 
unannounced visits but that this pilot was shut down in 2015. 
The Committee directs the FDA to restart the pilot in India and 
establish an additional pilot in China to improve workforce 
development activities and include unannounced and short notice 
inspections. The Committee includes an additional $5,000,000 to 
implement these pilots.
    Food Additives.--The Committee requests an update on the 
effects of direct and indirect food additives currently listed 
as generally recognized as safe on the behavioral health of 
children.
    Food Traceability.--The Committee provides an increase of 
$1,240,000 to investigate and prevent foodborne outbreaks. The 
Committee is encouraged by the work the FDA has put forth in 
developing a comprehensive food traceability system. The 
Committee directs FDA to continue to work with stakeholders on 
a wide-scale traceability system that could help companies and 
government agencies more rapidly access data crucial to 
tracking foods implicated in disease outbreaks and subject to 
recall through their New Era of Food Safety Initiative. The 
Committee looks forward to the FDA's Blueprint that is expected 
to outline how this modern approach will address public health 
challenges, ranging from being able to trace sources of 
contaminated foods to using new predictive analytics tools like 
artificial intelligence to assess risks, and to help prioritize 
the Agency's work and resources. This Blueprint is to be made 
available on the FDA website within 60 days of the date of 
enactment of this Act. Further, the Committee recommends the 
research, investment, and implementation of artificial 
intelligence and other emerging technologies to assist with 
these aims.
    Foreign High-Risk Inspection.--The Committee maintains 
funding for the evaluation of foreign high-risk sites to allow 
FDA to continue efforts to develop and utilize a targeted, 
risk-based, and efficient inspection model that incorporates 
commercially available information, including onsite facility 
verification, about all foreign establishments for the purpose 
of regulatory compliance and surveillance of manufacturing 
quality management practices. FDA is directed to provide the 
Committees with an update on these efforts, including estimated 
efficiencies and concerns and plans to continue or expand this 
effort in the future. In addition, the funding can be used to 
support the Centers' ongoing efforts to improve the scientific 
evaluation of manufacturing for risk-based surveillance. The 
Committee expects this effort to provide FDA with data-driven 
models that will help it target its overseas inspection 
activities in a global economy.
    FSMA Partnerships.--The Committee encourages FDA to work in 
partnership with existing government food safety programs and 
industry to share and coordinate information and data with 
industry partners and state and local government entities to 
better coordinate before, during, and after outbreaks occur.
    Generic Competition.--The Committee recognizes the 
important role generic drug competition plays in the U.S. 
health care marketplace. The Committee encourages FDA to 
continue its efforts to foster competition among generic drugs.
    Gluten in Drug Products.--In 2017, FDA issued Draft 
Guidance concerning gluten in drug products and associated 
labeling recommendations. While some manufacturers have labeled 
their drugs in accordance with this draft guidance, it has not 
been implemented consistently, leading to uncertainty among 
consumers. The Committee encourages FDA to consult with 
stakeholders to consider the views of these consumers, and to 
work expeditiously to publish a final guidance document.
    Heparin Shortage.--The Committee is aware of the threat of 
heparin shortage from the 2008 contaminant crisis and other 
risk factors such as African swine fever. The Committee directs 
FDA to provide not later than 60 days after the enactment of 
this Act an update on what the FDA is doing to assure domestic 
supply of heparin and how it is engaging U.S. heparin suppliers 
and manufacturers.
    High-Risk List.--The Committee expects FDA to release a 
list designating high risk foods in September 2020 as required 
by FSMA. FSMA also requires that foods designated as high-risk 
will be subject to more stringent recordkeeping requirements in 
order to improve traceability efforts during foodborne 
outbreaks. The Committee encourages FDA to ensure that any 
additional recordkeeping and traceability requirements are 
required throughout the supply and distribution chain as FDA 
continues to develop rules and regulations for compliance with 
FSMA.
    Homeopathic Draft Guidance.--The Committee urges FDA to 
consider the views of commenters, including patients, 
proponents of homeopathy, and other stakeholders, in its 
approach to finalizing its revised draft guidance entitled 
``Drug Products Labeled as Homeopathic Guidance for FDA Staff 
and Industry.''
    Human-Based Nonclinical Approaches.--The Committee is aware 
that nonclinical approaches that do not involve use of animals 
to evaluate new pharmaceuticals are being developed and might 
better predict some human outcomes and reduce animal testing. 
The Committee directs FDA to review and modify its regulations 
to clearly reflect the FDA's discretion to accept valid 
nonclinical approaches. The Committee also directs FDA to 
consider expanding its Drug Development Tools Qualification 
Program to include a program for evaluating and integrating in 
vitro computational approaches. The Committee requests FDA 
report back on steps taken not later than September 30, 2021.
    IBD Clinical Trials.--The Committee strongly encourages FDA 
to continue to engage with IBD research and patient communities 
to identify and address barriers to clinical trial 
participation for both adult and pediatric populations. To 
address a key barrier for pediatric populations, the Committee 
urges FDA to identify approaches for using real-world evidence 
to support reviews of candidate therapies that are already 
approved for use by adults with IBD. The Committee requests 
that FDA provide a briefing on these activities within 180 days 
of enactment of this Act.
    Innovative Food Products.--The Committee is encouraged that 
the FDA recognizes the rising public health needs for oversight 
of innovative food products, and directs the FDA to brief the 
Committee, within 90 days of enactment, describing the 
challenges the agency faces in ensuring that innovative food 
ingredients are safe and their plans to address those 
challenges.
    In-Home Drug Disposal.--The Committee directs the FDA to 
evaluate and consider updating current drug disposal guidance 
to reflect the availability of in-home disposal technology 
intended to deactivate and dispose of prescription drugs in a 
manner that renders the controlled substance unavailable and 
unusable for all practical purposes. The Committee also 
encourages the FDA to closely consider whether opioid labeling, 
REMS materials, and other prescriber information should include 
language on co-dispensing of in-home drug disposal technology, 
particularly for prescriptions connected to acute pain such as 
post-surgical pain.
    Inspections at Land Ports of Entry.--A record volume of 
FDA-regulated commodities are being introduced for import 
inspection at the U.S.-Mexico border. The Committee is 
concerned that this is outpacing the Administration's 
processing operations resources at Land Ports of Entry, and has 
resulted in increased cargo backlogs or, otherwise, compromised 
the Administration's ability to detect and seize violative 
products. In order to improve and streamline the inspection 
process and expedite the release of compliant products, the 
Committee directs FDA to support increased import operations at 
Land Ports of Entry, near the U.S.-Mexico border.
    Laboratory Developed Tests.--The Committee notes the past 
work between Congress, stakeholders, and the FDA on regulation 
of clinical laboratory diagnostic tests, including in-vitro 
diagnostic test kits. The Committee encourages FDA to continue 
to work with Congress to pass legislation that addresses a new 
regulatory pathway for laboratory diagnostic tests.
    Listeria Prevention.--The Committee is aware that FDA is in 
the process of finalizing guidance regarding Listeria 
monocytogenes (Lm) in foods under its jurisdiction. Reducing 
incidence of listeriosis is an important public health goal and 
the Committee supports efforts to accomplish this objective. 
The Committee urges FDA to define Not Ready To Eat foods in 
guidance in a manner that aligns with the approach of FSIS and 
to ensure that the guidance is protective of public health and 
is science-based, practical, and achievable. The Committee also 
urges FDA to consider comprehensive risk assessment data in 
finalizing compliance policy guidance that would regulate any 
final action level of Lm in Ready To Eat foods.
    Lower-Cost Insulin Products and Transition to the Biologics 
Price Competition and Innovation Act Approval Pathway.--The 
Committee encourages the FDA to ensure timely review of 
proposed biosimilar and interchangeable insulin products and 
expects the FDA to provide additional guidance, including by 
publishing draft, revised draft, or final guidance, that will 
provide clarity and may help increased development of 
biosimilar products and integration of biosimilars into the 
biological products market.
    The Committee also directs the FDA to provide, not later 
than 180 days after the enactment of this Act, a report 
providing an update on the following items: the number of new 
biologic license applications for insulin products, the number 
of new applications for biosimilars that use insulin as a 
reference product, trends in the total numbers of brand 
(biologic) and generic (biosimilar) insulin products on the 
market, trends in launch and list prices of new market insulin 
products compared to those currently in the market, the overall 
competitiveness of the insulin market, and any changes to 
accessibility and to the affordability of insulin.
    Medical Device Supply Chain Management.--The Committee is 
concerned by vulnerabilities in our medical device supply chain 
that have been brought to light by the spread of COVID-19. The 
Committee directs FDA to work with Congress on ensuring they 
have the necessary tools and resources to prevent drug and 
device shortages. The Committee directs FDA to provide a 
briefing to the Committee on the state of the drug and medical 
device supply chain and any additional authorities or 
capabilities that are needed to assist FDA in mitigating 
shortages or identifying potential disruptions of these medical 
products.
    Medical Gas.--The Committee directed FDA to issue final 
separate medical gases regulations in the fiscal year 2017 
Consolidated Appropriations Act. Should FDA not issue proposed 
regulations by December 31, 2020, the Committee directs FDA to 
submit a report explaining the status of the rulemaking and the 
reasons for the delay.
    Menstrual Product Labeling.--The Committee is concerned 
with the lack of labeling requirements for menstrual hygiene 
products and directs FDA to revise existing guidance for 
industry to include recommendations concerning menstrual 
hygiene product labeling and material lists, including 
recommendations that ingredient lists be included on packaging.
    Modernizing Prescription Drug Development.--The Committee 
encourages FDA to expand efforts that support new approaches to 
improve product manufacturing and quality, including both 
innovator and generic drug sectors. The Committee encourages 
FDA to partner with academia to pilot innovative tools that can 
improve innovator and generic drug manufacturing efficiencies 
and strengthen product quality.
    Naloxone to Treat Over-usage of Opioids.--Prescribers 
including dentists and other primary care providers have an 
opportunity to become more attuned to the risks of all opioids 
through the consideration of co-prescribing naloxone with each 
opioid prescription. The Committee continues to encourage FDA 
to develop a strategy to test this hypothesis and assess the 
benefit for enacting such a policy as a national strategy.
    Natural Cosmetics.--The Committee encourages FDA to work 
with consumer protection stakeholders and the scientific 
community to consider a definition of the term natural when 
natural claims are made in the labeling of cosmetics. The 
Committee asks FDA to update the Committee on those 
discussions, including the process and timeline for creating 
and enforcing a definition, as appropriate, within 90 days of 
the enactment of this Act.
    Nephrotic Syndrome.--The Committee recognizes the 
collaboration from FDA in continuing to support key clinical 
trials for patients with nephrotic syndrome. The Committee 
encourages FDA to continue collaborating with stakeholders on 
therapy access that has led to meaningful development of new 
treatments.
    Net Weights.--The Committee encourages FDA to continue 
devoting appropriate efforts to address economic integrity 
issues, particularly with respect to net weights, and treatment 
of seafood. The Committee believes these short-weighted labeled 
products are violating FDA laws and that, despite industry 
reporting such violations, FDA has not prioritized enforcement. 
The Committee requests a briefing from FDA on its efforts to 
enforce net weight requirements with respect to seafood 
product.
    Neurodegenerative Collaborations.--The Committee supports 
ongoing collaborations between the medical product centers 
related to the development of treatments for neurodegenerative 
diseases, including public outreach efforts and the development 
of policy, guidance, and educational training. The Committee 
directs FDA to provide a briefing updating the Committee on 
efforts to date and plans for future collaborations to combat 
neurodegenerative diseases.
    Non-Human Primates.--The Committee looks forward to 
receiving the report requested in last year's House Report 
regarding a strategy and timeline for reducing intramural 
primate research. The Committee continues to encourage the FDA 
to reduce primate testing, prioritize alternative research 
methods, and seek opportunities to relocate primates to 
sanctuaries. The Committee requests an update be included as 
part of the FDA's fiscal year 2022 budget request.
    Nutrient Value of Fish During Pregnancy.--The Committee 
recognizes the directive included in section 773 of Division B 
of the Consolidated Appropriations Act, 2019 (P.L. 116-6), and 
directs the FDA to continue coordinating with the Environmental 
Protection Agency to reissue the final fish consumption advice 
for pregnant women provided in the notice of availability 
entitled `Advice About Eating Fish, From the Environmental 
Protection Agency and Food and Drug Administration; Revised 
Fish Advice; Availability (82 Fed. Reg. 6571 (January 19, 
2017))'. The reissuance of this advice will assist pregnant 
women in making informed decisions on fish consumption during 
pregnancy, especially as it relates to the positive cognitive 
development of children.
    Office Use Compounding.--The Committee continues to hear 
concerns that FDA has implemented and enforced the DQSA through 
guidance for industry documents rather than through the notice 
and comment rulemaking procedure called for by the underlying 
statute and the Administrative Procedures Act. The Committee 
looks forward to receiving a briefing from FDA on this issue.
    Olive Oil Standards of Identity.--The Committee directs the 
FDA to continue working to establish a separate U.S. Standard 
of Identity for different grades of olive oil (e.g. extra 
virgin, virgin, and refined) and olive-pomace oils. The 
Committee remains particularly concerned with the number of 
different oil state standards for olive oils in the U.S. and 
believes it is important to determine if establishing a uniform 
set of the standards would better inform and protect consumers. 
The FDA is directed to consult and meet with domestic producers 
and importers of olive oil to develop a science-based Standard 
of Identity for extra virgin olive oil and olive oil to ensure 
the integrity of these products for U.S. consumers. The 
Committee directs the Commissioner of the FDA to brief the 
Committee by December 31, 2020 on the status of the agency's 
progress in developing a U.S. Standard of Identity for 
different grades of olive oil.
    Opioid Abuse.--The Committee continues to be pleased that, 
with the Opioids Action Plan, Opioid Policy Steering Committee, 
and several significant regulatory actions, FDA is doing its 
part to help stem the tide of abuse. The use of opioids as 
first-line therapies for any form of pain has led to over-
prescribing, and the CDC has made clear that clinicians should 
consider opioid therapy only if expected benefits for both pain 
and function are anticipated to outweigh the risks to the 
patient. The Committee hopes that FDA will continue to support 
the development of alternative and non-addictive alternatives 
to opioid analgesics and, when opioids are medically necessary, 
will continue to incentivize development and use of abuse-
deterrent formulations. The Committee notes that every 
patient's treatment regimen should be tailored by his or her 
doctor to his or her unique needs. The federal government, 
therefore, should promote the full suite of available treatment 
options, including abstinence-based models and non-opioid 
medications. Finally, the Committee continues to be supportive 
of naloxone distribution among trained, licensed health care 
professionals and emergency responders. When considering the 
appropriateness of providing naloxone over the counter, the 
Committee urges the FDA to ensure that the administration of 
naloxone serves as a point of intervention to spur an honest 
conversation between the patient and his doctor about addiction 
and treatment.
    OTC Acetaminophen Dosing Information for Children.--The 
Committee continues to be concerned that the lack of dosing 
information for children ages six months to two years may lead 
to dosing errors, adverse events, and inadequate treatment of 
fever and pain. The FDA is urged to provide to the Committee 
not later than 30 days after the enactment of this Act an 
update on the timing of amending the monograph label for 
acetaminophen to include weight-based dosing instructions for 
children ages six months to two years.
    Outreach to Small Farmers.--The Committee expects the FDA 
to adequately fund efforts to provide outreach, training, and 
technical assistance to farmers for compliance with the FSMA 
Produce Safety Rule. The Committee expects CFSAN to provide 
funding for critical outreach and training services at not less 
than the level specified in the Fiscal Year 2020 agreement.
    Patient Experience in Drug Reviews.--The Committee is aware 
the FDA is implementing policies to encourage the collection 
and utilization of patient experience data, such as patient 
preferences and patient-reported outcomes, under the patient-
focused drug development framework. The Committee encourages 
FDA to include in its report assessing the use of patient data 
in regulatory decision-making, as required in Sec. 3004 of 
Public Law 114-255, information related to its review of 
patient experience data and information on patient-focused drug 
development tools.
    Pediatric Devices.--The Committee recognizes the success of 
the FDA's Pediatric Device Consortia (PDC) and the Center for 
Devices and Radiological Health's (CDRH) interest in developing 
a collaborative community related to pediatric devices. The 
Committee notes that the fiscal year 2020 Agriculture 
Appropriations bill provided an increase of $1,000,000 for the 
PDC program to improve infrastructure for conducting pediatric 
device trials and the planning of a related Pediatric Device 
collaborative community.
    Pesticide Residues in Imported Human Food.--The Committee 
is concerned that imported human food continues to have higher 
pesticide violation rates than domestically produced food. The 
Committee recognizes that identifying a high violation rate for 
an imported commodity attests to FDA's sampling design. 
However, such differences between domestic and import violation 
rates are concerning. The Committee directs FDA to analyze data 
in preparation of its next annual report to assess whether 
giving special attention to certain imported products with 
significantly higher rates of violations compared to domestic 
products would change the planning of the pesticide sampling 
plan for future years.
    Pet Food Contamination.--The Committee is aware that 
certain brands of pet food contain unacceptable amounts of 
adulterated ingredients harmful to animals. Products with such 
ingredients have reached store shelves and infected countless 
pets before being recalled. Out of concern for animal health 
and consumer education, the Committee directs the FDA to 
provide a briefing within 180 days of enactment on FDA's 
efforts to prevent adulteration of pet food.
    Plant Product Labeling.--The Committee notes the increase 
of plant-based products labeled and marketed with meat, dairy, 
eggs, seafood and other animal food product terminology that 
may be advertised as a more healthful alternative to 
conventional animal-based food products. Such representations 
may cause consumer confusion. As FDA works to modernize 
standards of identity and evaluate related product labeling, 
the Committee directs the Commissioner to consult with FSIS to 
prevent misleading labeling of these food products that do not 
contain any animal-based ingredients and to continue to engage 
with stakeholders and the public on this issue.
    Predictive Toxicology Roadmaps.--The Committee supports FDA 
efforts to advance new alternative methods for predictive 
toxicology testing when evaluating drugs and chemicals in order 
to improve human health and safety and to potentially replace, 
reduce, and/or refine animal testing. The Committee directs FDA 
to continue to work with stakeholders to promote the 
development and evaluation of suitable alternative methods.
    Premarket Tobacco Applications (PMTA) Transparency.--The 
Committee urges FDA to make public a list of products for which 
PMTAs, requests for exemption from substantial equivalence, or 
substantial equivalence reports, were received on or before 
September 9, 2020.
    Prescription to Over-the-Counter Switches.--The Committee 
is concerned with the multiple delays in FDA's promulgation of 
a proposed regulation that may broaden the types of products 
that may be approved for use in a nonprescription setting. The 
Agency initiated its Nonprescription Drug Safe Use Regulatory 
Expansion initiative in 2013 and issued draft guidance in 2018 
as a first step, promising sponsors and patients additional 
regulatory options through rulemaking in the near future. The 
Committee strongly encourages the Agency to issue this 
important proposed rule as soon as possible. The Committee also 
requests an update within 30 days after enactment of this Act 
on the timing of its issuance.
    Radiation Exposure in Medical Imaging.--The Committee urges 
FDA to collaborate with the medical imaging industry and 
radiological professional societies to address the safety of 
all x-ray imaging modalities and promote the use of 
international consensus standards and alternative technologies 
when appropriate.
    Rare Cancer Therapeutics.--The Committee includes an 
additional $2,500,000 to address gaps in the system, streamline 
resources, accelerate the development of rare cancer therapies 
and advance the field of cancer research overall, mirroring the 
efforts of the National Cancer Institute's Developmental 
Therapeutics Program. FDA is directed to build lines of 
communications and processes between these two agencies in 
order to expedite review of rare cancer therapies. Further, the 
Committee directs FDA to provide a briefing on what FDA has 
done to achieve the goals listed above, not later than 90 days 
after the enactment of this Act.
    Safeguarding Pharmaceutical Supply Chains.--The Committee 
is concerned about America's increased reliance on foreign-
based sources of active pharmaceutical ingredients, their 
chemical components, and off-shore drug production. The 
Committee directs FDA to develop a report that addresses the 
vulnerabilities of the U.S. medical supply chain. This report 
should include recommendations on the following: (1) an 
identification of finished drugs and their essential components 
including raw materials, chemical components, and active 
ingredients necessary for the manufacture of medicines where 
supply is dependent on a single or limited number of providing 
countries; (2) recommendations for how to diversify supply away 
from predominant dependency on sources of supply in other 
countries and how to further the adoption of U.S.-based 
advanced manufacturing for active pharmaceutical ingredients 
and chemical precursors; (3) discussion of legislative, 
regulatory, and policy changes necessary to close gaps in the 
FDA's ability to assess critical supply chain risks and 
encourage domestic manufacturing, including advanced 
manufacturing, of critical components and finished drug 
products; and (4) discussion of any differences between the 
FDA's policy and that of the Customs and Border Protection on a 
requirement for drug companies to list active pharmaceutical 
ingredients and their countries of origin on labels of imported 
and domestically produced finished drug products.
    Seafood Product Labeling.--The Committee notes that certain 
foods are labeled as a fish or seafood product when the 
products are highly-processed plant-based foods rather than 
derived from actual fish or seafood. The Committee directs the 
FDA to continue to assess products on the market to determine 
whether action is necessary to ensure consumers are not misled 
regarding such product labeling.
    Skin Lightening.--The Committee is concerned about the 
availability of illegal skin lightening products containing 
dangerous levels of mercury and hydroquinone that are available 
to consumers, particularly through online retailers. With the 
passage of the CARES Act, FDA has new authorities to address 
the safety and effectiveness of OTC drug products, including 
those containing hydroquinone. The Committee encourages the 
Office of Cosmetics and Colors, within CFSAN and the Office of 
Non-Prescription Drugs within CDER to collaborate to combat 
online sales of illegal skin lightening products, including 
testing to determine compliance with FDA content limits. The 
Committee provides an increase of $1,000,000 to FDA's Office of 
Minority Health and Health Equity to educate the public on the 
dangers of cosmetics containing these ingredients, including 
partnering with community-based organizations with records of 
reaching out to communities. The FDA should coordinate with the 
National Institute of Health's National Institute on Minority 
Health and Health Disparities to ensure any potential 
interventions or educational efforts are complementary and not 
duplicative.
    Sodium Reduction.--The Committee is aware that U.S. Food 
and Drug Administration (FDA) is in the process of issuing 
guidance regarding voluntary sodium reduction targets in foods. 
The Committee encourages FDA to publish an updated draft of the 
short-term guidance for a 30-day comment period prior to 
finalization. Furthermore, within 120 days of enactment, the 
Committee requests the FDA provide a status update to the 
Committee on the publication of the short-term Final Guidance 
to Industry For Voluntarily Reducing Sodium, first published as 
draft in the Federal Register on June 2, 2016 (81 Fed. Reg. 
35363).
    Standard of Identity Activities for Foods.--Not later than 
30 days after the date of enactment of this Act, and annually 
thereafter, the FDA shall submit to the Committees, and make 
publicly available online, a report outlining its progress on 
modernizing its standards of identity regulations.
    Sunscreen Ingredients.--The Committee continues to track 
the actions of the FDA related to sunscreen ingredients. The 
Committee recognizes the agency's efforts in generating and 
posting consumer and public health resources regarding health 
benefits of sunscreen use. The Committee is encouraged by FDA's 
improvements in clarifying its messaging around the importance 
of sunscreen use as a skin cancer prevention tool in the 
context of its research on sunscreen. In addition, the 
Committee continues to encourage FDA to work with stakeholders, 
including the Environmental Protection Agency, especially in 
light of new authorities provided in the CARES Act.
    Thalassemia.--Recent studies have shown that the length of 
time between when blood is donated and transfused does not 
impact outcomes for patients in need of an emergency blood 
transfusion. However, the Committee is aware that these studies 
do not determine the impact on chronically transfused patients, 
such as those with thalassemia, in which administration of 
older red cells may exacerbate iron loading and contribute to 
worse outcomes. The Committee urges FDA to review scientific 
literature on this issue and provide a brief to the Committees 
on potential steps to address safety.
    Track and Trace.--Public Law 111-31 required FDA to 
implement a national track and trace system on the manufacture 
and flow of tobacco products to ensure compliance with tobacco 
product standards and disrupt illicit trade and counterfeiting. 
The fiscal year 2020 Agriculture Appropriations Act directed 
FDA to issue a report on the status of track and trace 
rulemaking as it applies to tobacco products, including 
electronic nicotine delivery devices and nicotine components. 
The Committee looks forward to reviewing the report.
    Women and Minorities in Clinical Trials.--The Committee is 
concerned with the underrepresentation of women and minorities 
in clinical trials. The Committee is aware of the ongoing work 
that FDA is doing towards efforts to address this 
underrepresentation, in particular, its work on greater 
participation of female mice, inclusion of women and minorities 
in population studies, representational data on differences in 
female and male responses to medications, including sex-
specific biomarkers in simulation models, and transparency in 
addressing biological differences. The Committee requests not 
later than 180 days after the enactment of this Act a briefing 
on FDA's efforts in this space.
    Youth E-cigarette Use.--The Committee is troubled by the 
dramatic increase in youth of ENDS products and notes that 
flavors are the most common reason youth use e-cigarettes. The 
Committee urges FDA to expedite the pre-market review of e-
cigarettes and other newly deemed tobacco products that were on 
the market as of August 8, 2016 and to remove from the market 
any deemed tobacco product introduced after August 8, 2016 that 
has not submitted an application for pre-market review.

                        BUILDINGS AND FACILITIES

 
 
 
2020 appropriation....................................       $11,788,000
2021 budget estimate..................................        13,788,000
Provided in the bill..................................        11,788,000
Comparison:
    2020 appropriation................................             - - -
    2021 budget estimate..............................        -2,000,000
 

                          COMMITTEE PROVISIONS

    For Buildings and Facilities of the Food and Drug 
Administration, the Committee provides $11,788,000.

                   FDA INNOVATION ACCOUNT, CURES ACT

 
 
 
2020 appropriation....................................       $75,000,000
2021 budget estimate..................................        70,000,000
Provided in the bill..................................        70,000,000
Comparison:
    2020 appropriation................................        -5,000,000
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For the FDA Innovation Account as authorized in the 21st 
Century Cures Act, the Committee provides an appropriation of 
$70,000,000.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission


 
 
 
2020 appropriation....................................      $315,000,000
2021 budget estimate..................................       304,000,000
Provided in the bill..................................       304,000,000
Comparison:
    2020 appropriation................................       -11,000,000
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For the Commodity Futures Trading Commission (CFTC), the 
Committee provides an appropriation of $304,000,000.
    Market surveillance oversight.--Last year, the Committee 
requested CFTC to look into the aluminum futures market. The 
Committee remains interested in CFTCs review of aluminum 
futures markets and its impact on pricing for aluminum end 
users and directs CFTC to provide a report to the House and 
Senate Committees on Appropriations within 60 days of the 
review's completion. The Committee expects CFTCs market 
surveillance branch to take prompt action, if warranted, to 
ensure that aluminum end users are protected from fraud, 
manipulation and abusive practices that are prohibited by the 
Commodity Exchange Act.

                       Farm Credit Administration


                 LIMITATION ON ADMINISTRATIVE EXPENSES

 
 
 
2020 limitation.......................................     ($77,000,000)
2021 budget estimate..................................      (80,400,000)
Provided in the bill..................................      (80,400.000)
Comparison:
    2020 limitation...................................        +3,400,000
    2021 budget estimate..............................             - - -
 

                          COMMITTEE PROVISIONS

    For the limitation on the expenses of the Farm Credit 
Administration, the Committee provides $80,400,000.

                               TITLE VII


                           GENERAL PROVISIONS


             (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

    Section 701.--The bill includes language regarding 
passenger motor vehicles.
    Section 702.--The bill includes language regarding the 
Working Capital Fund of the Department of Agriculture.
    Section 703.--The bill includes language limiting funding 
provided in the bill to one year unless otherwise specified.
    Section 704.--The bill includes language regarding indirect 
cost share.
    Section 705.--The bill includes language regarding the 
availability of loan funds in Rural Development programs.
    Section 706.--The bill includes language regarding new 
information technology systems.
    Section 707.--The bill includes language regarding fund 
availability in the Agricultural Management Assistance program.
    Section 708.--The bill includes language regarding Rural 
Utilities Service program eligibility.
    Section 709.--The bill includes language regarding funds 
for information technology expenses for the Farm Service Agency 
and the Rural Development mission area.
    Section 710.--The bill includes language relating to first-
class airline travel.
    Section 711.--The bill includes language regarding the 
availability of certain funds of the Commodity Credit 
Corporation.
    Section 712.--The bill includes language regarding funding 
for advisory committees.
    Section 713.--The bill includes language regarding computer 
networks.
    Section 714.--The bill includes language regarding Section 
32 activities.
    Section 715.--The bill includes language regarding user fee 
proposals without offsets.
    Section 716.--The bill includes language regarding the 
reprogramming of funds and notification requirements.
    Section 717.--The bill includes language regarding fees for 
the guaranteed business and industry loan program.
    Section 718.--The bill includes language regarding the 
appropriations hearing process.
    Section 719.--The bill includes language regarding pre-
packaged news stories produced by government agencies.
    Section 720.--The bill includes language regarding details 
and assignments of Department of Agriculture employees.
    Section 721.--The bill includes language regarding 
eligibility or level of program assistance for Rural 
Development programs.
    Section 722.--The bill includes language requiring spend 
plans.
    Section 723.--The bill includes language regarding 
nutrition programs.
    Section 724.--The bill includes language related to 
population limits for water and waste programs.
    Section 725.--The bill includes language regarding certain 
USDA loan program levels.
    Section 726.--The bill includes language regarding credit 
card refunds and rebates.
    Section 727.--The bill includes language regarding the 
definition of the term ``variety'' in SNAP.
    Section 728.--The bill includes language regarding the 
Secretary's authority with respect to the 502 guaranteed loan 
programs.
    Section 729.--The bill includes language regarding 
electronically available information for prescribing healthcare 
professionals.
    Section 730.--The bill includes language regarding 
inspections of certain ARS facilities.
    Section 731.--The bill includes language regarding the Food 
for Peace program.
    Section 732.--The bill includes funding for the Rural 
Energy Savings Program.
    Section 733.--The bill includes language related to a 
Supplemental Nutrition Assistance Program final rule.
    Section 734.--The bill includes language related to a 
Supplemental Nutrition Assistance Program proposed rule.
    Section 735.--The bill includes language related to the 
Animal Welfare Act.
    Section 736.--The bill includes language regarding U.S. 
iron and steel products in public water or wastewater systems.
    Section 737.--The bill includes language regarding 
lobbying.
    Section 738.--The bill includes language relating to the 
use of raw or processed poultry products from the People's 
Republic of China in various domestic nutrition programs.
    Section 739.--The bill includes language related to the 
Federal Meat Inspection Act.
    Section 740.--The bill includes language related to 
persistent poverty counties.
    Section 741.--The bill includes language regarding funding 
for an agriculture business innovation center.
    Section 742.--The bill provides funding for the Farm to 
School program.
    Section 743.--The bill provides funding for the Healthy 
Food Financing Initiative.
    Section 744.--The bill provides funding for activities 
related to citrus greening.
    Section 745.--The bill includes language related to 
investigational use of drugs or biological products for certain 
purposes.
    Section 746.--The bill includes language related to the 
growing, harvesting, packing and holding of certain produce.
    Section 747.--The bill includes language related to certain 
school food lunch prices.
    Section 748.--The bill provides funding for grants to 
enhance farming and ranching opportunities for military 
veterans.
    Section 749.--The bill includes language related to the 
school breakfast program.
    Section 750.--The bill includes language related to 
environmental assessment documents.
    Section 751.-- The bill includes language related to line 
speed waivers.
    Section 752.--The bill provides funding for certain centers 
of excellence.
    Section 753.--The bill provides funding for rural hospital 
technical assistance.
    Section 754.--The bill provides funding for grants under 
the section 12502 of Public Law 115-334.
    Section 755.--The bill provides funding to carry out 
section 1621 of Public Law 110-246.
    Section 756.--The bill includes language related to 
contingency plans for Animal Welfare Act licensees.
    Section 757.--The bill provides funding to carry out 
section 4003(b) of Public Law 115-334.
    Section 758.--The bill provides funding to carry out 
section 3307 of Public Law 115-334.
    Section 759.--The bill includes language related to certain 
matching fund requirements.
    Section 760.--The bill provides funding to carry out 
section 23 of the Child Nutrition Act of 1966.
    Section 761.--The bill includes language related to 
biotechnology risk assessment research.
    Section 762.--The bill provides funding to carry out 
section 12302 of Public Law 115-334.
    Section 763.--The bill provides funding to carry out 
section 12504 of Public Law 115-334.
    Section 764.--The bill provides funding to carry out 
section 4208 of Public Law 115-334.
    Section 765.--The bill provides funding to carry out 
section 7209 of Public Law 115-334.
    Section 766.--The bill provides funding to carry out 
section 12301 of Public Law 115-334.
    Section 767.--The bill provides funding to carry out 
section 7120 of Public Law 115-334.
    Section 768.--The bill provides funding to carry out 
section 7208 of Public Law 115-334.
    Section 769.--The bill includes language related to potable 
water.
    Section 770.--The bill provides funding to carry out 
section 4206 of Public Law 115-334.
    Section 771.--The bill provides funding to carry out 
section 12513 of Public Law 115-334.
    Section 772.--The bill provides funding for rural 
broadband.
    Section 773.--The bill includes language related to certain 
reorganizations within the Department of Agriculture.
    Section 774.--The bill provides funding for renewable 
energy.
    Section 775.--The bill includes language changing the due 
date of a study.
    Section 776.--The bill includes language related to the 
rural broadband program.
    Sec. 777.--The bill includes language related to watershed 
programs.
    Sec. 778.--The bill includes language related to shrimp 
exported to the United States.
    Sec. 779.--The bill includes language related to hemp.
    Sec. 780.--The bill includes language related to milk.
    Sec. 781.--The bill includes language related to FDA-
regulated products.
    Sec. 782.--The bill includes language related to the 
ReConnect program.
    Sec. 783.--The bill includes language related to the 
Dietary Guidelines.
    Sec. 784.--The bill includes language related to drug 
recalls.

              HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS


                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each roll call 
vote on an amendment or on the motion to report, together with 
the names of those voting for and those against, are printed 
below:
    The bill and report were amended and reported out of 
Committee with a quorum present and without a roll call vote.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives, in developing 
funding recommendations.

                          Program Duplication

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                           Transfers of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following list includes the 
transfers included in the accompanying bill:
     Office of the Secretary.--The bill allows funds 
within the account to be transferred among the offices included 
in the account, as well as reimbursements for certain expenses 
and transfers outside the account for certain activities.
     Hazardous Materials Management.--The bill allows 
the funds within the account to be transferred to any agency of 
the Department.
     Animal and Plant Health Inspection Service.--
Authority is included to enable the Secretary of Agriculture to 
transfer from other appropriations or funds of the Department 
such sums as may be necessary to combat emergency outbreaks of 
certain diseases of animals and plants.
     Funds for Strengthening Markets, Income, and 
Supply.--The bill limits the transfer of section 32 funds to 
purposes specified in the bill.
     Farm Production and Conservation (FPAC) Business 
Center.--The bill allows certain funds to be merged with the 
salaries and expenses account for the FPAC Business Center. The 
bill also provides that funds provided to other accounts in the 
agency shall transferred to and merged with the salaries and 
expenses account of the Farm Service Agency.
     Dairy Indemnity Program.--The bill authorizes the 
transfer of funds to the Commodity Credit Corporation, by 
reference.
     Agricultural Credit Insurance Fund Program 
Account.--The bill provides funds to be transferred to the Farm 
Service Agency and for certain funds to be transferred within 
the account.
     Commodity Credit Corporation.--The bill includes 
language allowing certain funds to be transferred to the 
Foreign Agricultural Service Salaries and Expenses account for 
information resource management activities.
     Rural Housing Insurance Fund Program Account.--The 
bill includes language allowing funds to be transferred from 
the Multi-Family Housing Revitalization Program Account to this 
account and for funds to be transferred from this account to 
the Rural Development Salaries and Expenses account.
     Rental Assistance Program.--The bill includes 
language allowing funds to be transferred from the Multi-Family 
Housing Revitalization Program Account to this account.
     Intermediary Relending Program Fund Account.--The 
bill provides funds in this account to be transferred to the 
Rural Development Salaries and Expenses account.
     Rural Electrification and Telecommunications 
Program Account.--The bill provides funds in this account to be 
transferred to the Rural Development Salaries and Expenses 
account.
     Child Nutrition Programs.--The bill includes 
authority to transfer section 32 funds to these programs.
     Foreign Agricultural Service, Salaries and 
Expenses.--The bill allows for the transfer of funds from the 
Commodity Credit Corporation Export Loan Program Account.
     Food for Peace Title I Direct Credit and Food for 
Progress Program Account.--The bill allows funds to be 
transferred to the Farm Production and Conservation Business 
Center, Salaries and Expenses account.
     Commodity Credit Corporation Export Loans 
Program.--The bill provides for transfer of funds to the 
Foreign Agricultural Service and to the Farm Production and 
Conservation Business Center, Salaries and Expenses account.
     Food and Drug Administration, Salaries and 
Expenses.--The bill allows funds to be transferred among 
certain activities.
     Food and Drug Administration, FDA Innovation 
Account, Cures Act.--The bill allows funds to be transferred 
from the 21st Century Cures Act to the Food and Drug 
Administration, Salaries and Expenses account.
     Commodity Futures Trading Commission.--The bill 
allows certain funds to be transferred to a no-year account in 
the Treasury.
     General Provisions.--Section 702 of the bill 
allows unobligated balances of discretionary funds to be 
transferred to the Working Capital Fund. Section 761 of the 
bill allows transfers to USDA for certain research programs.

                              Rescissions

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following lists the rescissions 
included in the accompanying bill:

------------------------------------------------------------------------
                 Program or activity                         Amount
------------------------------------------------------------------------
USDA FNS (prior year balances).......................     $1,000,000,000
------------------------------------------------------------------------

   Disclosure of Earmarks and Congressionally Directed Spending Items

    Neither the bill nor this report contains any congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9 of rule XXI of the Rules of the House of 
Representatives.

               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of 
the House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill that directly or indirectly change the 
application of existing law.
    The bill includes a number of provisions which place 
limitations on the use of funds in the bill or change existing 
limitations and that might, under some circumstances, be 
construed as changing the application of existing law:
    Office of the Secretary.--Language is included to limit the 
amount of funds for official reception and representation 
expenses, as determined by the Secretary and to reimburse 
Departmental Administration for travel expenses incident to the 
holding of hearings.
    Agricultural Research Service.--Language is included that 
allows the Agricultural Research Service to grant easements at 
the Beltsville, MD, agricultural research center and to grant 
easements at any facility for the construction of a research 
facility for use by the agency.
    National Institute of Food and Agriculture, Integrated 
Activities.--The bill includes language limiting indirect 
costs.
    Animal and Plant Health Inspection Service.--Language is 
included to limit the amount of funds for representational 
allowances.
    Animal and Plant Health Inspection Service.--The bill 
includes language regarding state matching funds and the 
brucellosis control program.
    Animal and Plant Health Inspection Service.--Language is 
included to allow APHIS to recoup expenses incurred from 
providing technical assistance goods, or services to non-APHIS 
personnel, and to allow transfers of funds for agricultural 
emergencies.
    Agricultural Marketing Service, Limitation on 
Administrative Expenses.--The bill includes language to allow 
AMS to exceed the limitation on administrative expenses by up 
to 10 percent with notification to the Appropriations 
Committees.
    Agricultural Marketing Service, Inspection and Weighing 
Services.--The bill includes authority to exceed the limitation 
on inspection and weighing services by up to 10 percent with 
notification to the Appropriations Committees.
    Food Safety and Inspection Service.--Language is included 
to limit the amount of funds for representational allowances.
    Dairy Indemnity Program.--Language is included by reference 
that allows the Secretary to utilize the services of the 
Commodity Credit Corporation for the purpose of making dairy 
indemnity payments.
    Agricultural Credit Insurance Fund Program Account.--
Language is included that deems the pink bollworm a boll weevil 
for the purposes of administering the boll weevil loan program.
    Risk Management Agency.--Language is included to limit the 
amount of funds for official reception and representation 
expenses.
    Watershed and Flood Prevention Operations.--Language is 
included that limits the application of certain activities in 
watersheds of a certain size.
    Commodity Credit Corporation Fund.--Language is included to 
allow certain funds transferred from the Commodity Credit 
Corporation to be used for information resource management.
    Hazardous Waste Management.--Language is included which 
limits the amount of funds that can be spent on operation and 
maintenance costs of CCC hazardous waste sites.
    Rural Development Salaries and Expenses.--Language is 
included to allow funds to be used for advertising and 
promotional activities.
    Rental Assistance Program.--Language is included that 
provides that agreements entered into during the current fiscal 
year be funded for a one-year period. Language also is included 
to renew contracts once during any 12-month period.
    Rural Electrification and Telecommunications Loans Program 
Account.--The bill includes language related to loan rates on 
renewable energy loans.
    The Special Supplemental Nutrition Program for Women, 
Infants, and Children (WIC).--Language notwithstands section 
17(h)(10)(B)(ii) of the Child Nutrition Act of 1966 (42 U.S.C. 
17 1786), as it relates to management information systems. 
Language is included to purchase infant formula except in 
accordance with law and pay for activities that are not fully 
reimbursed by other departments or agencies unless authorized 
by law.
    Office of Codex Alimentarius.--Language is included to 
limit the amount of funds for official reception and 
representation expenses.
    Foreign Agricultural Service.--Language is included to 
enable the agency to use funds received by an advance or by 
reimbursement to carry out its activities. The bill also limits 
the amount of funds for representation expenses.
    McGovern-Dole International Food for Education and Child 
Nutrition Program Grants.--Language is included to specify the 
amount of funds available to purchase commodities described by 
subsection 3107(a)(2) of the Farm Security and Rural Investment 
Act of 2002.
    Food and Drug Administration, Salaries and Expenses.--
Language is included to limit the amount of funds for official 
reception and representation expenses and to limit the usage of 
certain user fees.
    FDA Innovation Account.--The bill provides additional 
transfer authority.
    Commodity Futures Trading Commission.--Language is included 
to limit the amount of funds for official reception and 
representation expenses. Language is also included to allow the 
Commission to record prior year lease obligations and to 
liquidate certain obligations.
    Farm Credit Administration.--The bill includes authority to 
exceed the limitation on assessments by 10 percent with 
notification to the Appropriations Committees and to allow 
certain banks to exceed the statutory cap on export financing.
    General Provisions.--
    Section 701.--The bill includes language regarding 
passenger motor vehicles.
    Section 702.--The bill includes language regarding the 
Working Capital Fund of the Department of Agriculture.
    Section 703.--The bill includes language limiting funding 
provided in the bill to one year unless otherwise specified.
    Section 704.--The bill includes language regarding indirect 
cost share.
    Section 705.--The bill includes language regarding the 
availability of loan funds in Rural Development programs.
    Section 706.--The bill includes language regarding new 
information technology systems.
    Section 707.--The bill includes language regarding funding 
availability in the Agricultural Management Assistance program.
    Section 708.--The bill includes language regarding Rural 
Utilities Service program eligibility.
    Section 709.--The bill includes language regarding funds 
for information technology expenses for the Farm Service Agency 
and the Rural Development mission area.
    Section 710.--The bill includes language relating to first-
class airline travel.
    Section 711.--The bill includes language regarding the 
availability of certain funds of the Commodity Credit 
Corporation.
    Section 712.--The bill includes language regarding funding 
for advisory committees.
    Section 713.--The bill includes language regarding computer 
networks.
    Section 714.--The bill includes language regarding Section 
32 activities.
    Section 715.--The bill includes language regarding user fee 
proposals without offsets.
    Section 716.--The bill includes language regarding the 
reprogramming of funds and notification requirements.
    Section 717.--The bill includes language regarding fees for 
the guaranteed business and industry loan program.
    Section 718.--The bill includes language regarding the 
appropriations hearing process.
    Section 719.--The bill includes language regarding pre-
packaged news stories produced by government agencies.
    Section 720.--The bill includes language regarding details 
and assignments of Department of Agriculture employees.
    Section 721.--The bill includes language regarding 
eligibility or level of program assistance for Rural 
Development programs.
    Section 722.--The bill includes language requiring spend 
plans.
    Section 723.--The bill includes language regarding 
nutrition programs.
    Section 724.--The bill includes language related to 
population limits for water and waste programs.
    Section 725.--The bill includes language regarding certain 
USDA loan program levels.
    Section 726.--The bill includes language regarding credit 
card refunds and rebates.
    Section 727.--The bill includes language regarding the 
definition of the term ``variety'' in SNAP.
    Section 728.--The bill includes language regarding the 
Secretary's authority with respect to the 502 guaranteed loan 
programs.
    Section 729.--The bill includes language regarding 
electronically available information for prescribing healthcare 
professionals.
    Section 730.--The bill includes language regarding 
inspections of certain ARS facilities.
    Section 731.--The bill includes language regarding the Food 
for Peace program.
    Section 733.--The bill includes language related to a 
Supplemental Nutrition Assistance Program final rule.
    Section 734.--The bill includes language related to a 
Supplemental Nutrition Assistance Program proposed rule.
    Section 735.--The bill includes language related to the 
Animal Welfare Act.
    Section 736.--The bill includes language regarding U.S. 
iron and steel products in public water or wastewater systems.
    Section 737.--The bill includes language regarding 
lobbying.
    Section 738.--The bill includes language relating to the 
use of raw or processed poultry products from the People's 
Republic of China in various domestic nutrition programs.
    Section 739.--The bill includes language related to the 
Federal Meat Inspection Act.
    Section 740.--The bill includes language related to 
persistent poverty counties.
    Section 745.--The bill includes language related to 
investigational use of drugs or biological products for certain 
purposes.
    Section 746.--The bill includes language related to the 
growing, harvesting, packing and holding of certain produce.
    Section 747.--The bill includes language related to certain 
school food lunch prices.
    Section 749.--The bill includes language related to the 
school breakfast program.
    Section 750.--The bill includes language related to 
environmental assessment documents.
    Section 751.--The bill includes language related to line 
speed waivers.
    Section 756.--The bill includes language related to 
contingency plans for Animal Welfare Act licensees.
    Section 759.--The bill includes language related to certain 
matching fund requirements.
    Section 761.--The bill includes language related to 
biotechnology risk assessment research.
    Section 769.--The bill includes language related to potable 
water.
    Section 772.--The bill provides funding for rural 
broadband.
    Section 773.--The bill includes language related to certain 
reorganizations within the Department of Agriculture.
    Section 774.--The bill includes language related to 
renewable energy.
    Section 775.--The bill includes language changing the due 
date of a study.
    Section 776.--The bill includes language related to the 
rural broadband program.
    Sec. 777.--The bill includes language related to watershed 
programs.
    Sec. 779.--The bill includes language related to hemp.
    Sec. 782.--The bill includes language related to the 
ReConnect program.
    Sec. 784.--The bill includes language related to drug 
recalls.

                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of 
the House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized by law for the period concerned:

----------------------------------------------------------------------------------------------------------------
                                                                            Appropriation  in
          Agency or program              Last year of      Authorization       last year of    Appropriation  in
                                        authorization          level          authorization        this bill
----------------------------------------------------------------------------------------------------------------
Farmers' Market Nutrition Prog......               2015          Such sums        $16,548,000        $20,000,000
CNP State Administrative Expenses...               2015          Such sums        263,686,000       317,0440,000
Summer Food Service Program.........               2015          Such sums        495,521,000        551,944,000
WIC.................................               2015          Such sums      6,623,000,000      5,750,000,000
School Breakfast Expansion Grants...               2015          Such sums                  0         15,000,000
Farm to School Grants...............               2015          Such sums                  0         12,000,000
Multi-family Revitalization Program.               2016          Such sums         28,000,000         30,000,000
Broadband Telecommunications Program               2016          Such sums         35,000,000         35,000,000
Commodity Futures Trading Commission               2013          Such sums       205,294,000*        304,000,000
----------------------------------------------------------------------------------------------------------------
*Reduced by an across the board cut and sequestration to $194,556,000.

                           Committee Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--
    The following hearings were used to develop or consider the 
Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act, 2021:
    The Subcommittee held a budget hearing on February 11, 
2020, on the Fiscal Year 2021 budget request for the Department 
of Agriculture Office of Inspector General. The Subcommittee 
received testimony from:
           Phyllis Fong, Inspector General, USDA
           Ann Coffey, Deputy Inspector General, USDA
           Gil Harden, Assistant Inspector General for 
        Audit, USDA
           Peter P. Paradis, Sr., Acting Assistant 
        Inspector General for Investigations, USDA Office of 
        Inspector General
    The Subcommittee held a budget hearing on February 12, 
2020, on the Fiscal Year 2021 budget request for the Farm 
Credit Administration. The Subcommittee received testimony 
from:
           Glen R. Smith, Chairman and CEO, Farm Credit 
        Administration
           Jeffery S. Hall, Chairman, Farm Credit 
        System Insurance Corporation
    The Subcommittee held an oversight hearing on February 27, 
2020, on the work of the Office of Inspector General, 
Department of Health and Human Services, on the Food and Drug 
Administration. The Subcommittee received testimony from:
           Suzanne Murrin, Deputy Inspector General for 
        Evaluation and Inspections, Department of Health and 
        Human Services, Office of Inspector General
    The Subcommittee held a hearing on March 3, 2020, entitled 
``Member Day.'' The Subcommittee received testimony from:
           The Honorable Scott Perry, Member of 
        Congress
           The Honorable Jenniffer Gonzalez-Colon, 
        Resident Commissioner
           The Honorable Jim Hagedorn, Member of 
        Congress
           The Honorable Kim Schrier, M.D., Member of 
        Congress
           The Honorable Rodney Davis, Member of 
        Congress
    The Subcommittee held a budget hearing on March 10, 2020, 
on the Department of Agriculture Budget Request for Fiscal Year 
2021. The Subcommittee received testimony from:
           The Honorable Sonny Perdue, Secretary, U.S. 
        Department of Agriculture
           Robert Johansson, Chief Economist, U.S. 
        Department of Agriculture
           Erica Navarro, Budget Officer, U.S. 
        Department of Agriculture
    The Subcommittee held a budget hearing on March 11, 2020, 
on the Food and Drug Administration Budget Request for FY 2021. 
The Subcommittee received testimony from:
           Stephen M. Hahn, M.D., Commissioner, Food 
        and Drug Administration

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

              RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT




           *       *       *       *       *       *       *
               nutritional and other program requirements

  Sec. 9. (a)(1)(A) Lunches served by schools participating in 
the school lunch program under this Act shall meet minimum 
nutritional requirements prescribed by the Secretary on the 
basis of tested nutritional research, except that the minimum 
nutritional requirements--
          (i) shall not be construed to prohibit the 
        substitution of foods to accommodate the medical or 
        other special dietary needs of individual students; and
          (ii) shall, at a minimum, be based on the weekly 
        average of the nutrient content of school lunches.
  (B) The Secretary shall provide technical assistance and 
training, including technical assistance and training in the 
preparation of lower-fat versions of foods commonly used in the 
school lunch program under this Act, to schools participating 
in the school lunch program to assist the schools in complying 
with the nutritional requirements prescribed by the Secretary 
pursuant to subparagraph (A) and in providing appropriate meals 
to children with medically certified special dietary needs. The 
Secretary shall provide additional technical assistance to 
schools that are having difficulty maintaining compliance with 
the requirements.
          (2) Fluid milk.--
                  (A) In general.--Lunches served by schools 
                participating in the school lunch program under 
                this Act--
                          (i) shall offer students a variety of 
                        fluid milk. Such milk shall be 
                        consistent with the most recent Dietary 
                        Guidelines for Americans published 
                        under section 301 of the National 
                        Nutrition Monitoring and Related 
                        Research Act of 1990 (7 U.S.C. 5341);
                          (ii) may offer students flavored and 
                        unflavored fluid milk and lactose-free 
                        fluid milk; and
                          (iii) shall provide a substitute for 
                        fluid milk for students whose 
                        disability restricts their diet, on 
                        receipt of a written statement from a 
                        licensed physician that identifies the 
                        disability that restricts the student's 
                        diet and that specifies the substitute 
                        for fluid milk.
                  (B) Substitutes.--
                          (i) Standards for substitution.--A 
                        school may substitute for the fluid 
                        milk provided under subparagraph (A), a 
                        nondairy beverage that is nutritionally 
                        equivalent to fluid milk and meets 
                        nutritional standards established by 
                        the Secretary (which shall, among other 
                        requirements to be determined by the 
                        Secretary, include fortification of 
                        calcium, protein, vitamin A, and 
                        vitamin D to levels found in cow's 
                        milk) for students who cannot consume 
                        fluid milk because of a medical or 
                        other special dietary need other than a 
                        disability described in subparagraph 
                        (A)(iii).
                          (ii) Notice.--The substitutions may 
                        be made if the school notifies the 
                        State agency that the school is 
                        implementing a variation allowed under 
                        this subparagraph, and if the 
                        substitution is requested by written 
                        statement of a medical authority or by 
                        a student's parent or legal guardian 
                        that identifies the medical or other 
                        special dietary need that restricts the 
                        student's diet, except that the school 
                        shall not be required to provide 
                        beverages other than beverages the 
                        school has identified as acceptable 
                        substitutes.
                          (iii) Excess expenses borne by school 
                        food authority.--Expenses incurred in 
                        providing substitutions under this 
                        subparagraph that are in excess of 
                        expenses covered by reimbursements 
                        under this Act shall be paid by the 
                        school food authority.
                  (C) Restrictions on sale of milk 
                prohibited.--A school that participates in the 
                school lunch program under this Act shall not 
                directly or indirectly restrict the sale or 
                marketing of fluid milk products by the school 
                (or by a person approved by the school) at any 
                time or any place--
                          (i) on the school premises; or
                          (ii) at any school-sponsored event.
  (3) Students in senior high schools that participate in the 
school lunch program under this Act (and, when approved by the 
local school district or nonprofit private schools, students in 
any other grade level) shall not be required to accept offered 
foods they do not intend to consume, and any such failure to 
accept offered foods shall not affect the full charge to the 
student for a lunch meeting the requirements of this subsection 
or the amount of payments made under this Act to any such 
school for such lunch.
          (4) Provision of information.--
                  (A) Guidance.--Prior to the beginning of the 
                school year beginning July 2004, the Secretary 
                shall issue guidance to States and school food 
                authorities to increase the consumption of 
                foods and food ingredients that are recommended 
                for increased serving consumption in the most 
                recent Dietary Guidelines for Americans 
                published under section 301 of the National 
                Nutrition Monitoring and Related Research Act 
                of 1990 (7 U.S.C. 5341).
                  (B) Rules.--Not later than 2 years after the 
                date of enactment of this paragraph, the 
                Secretary shall promulgate rules, based on the 
                most recent Dietary Guidelines for Americans, 
                that reflect specific recommendations, 
                expressed in serving recommendations, for 
                increased consumption of foods and food 
                ingredients offered in school nutrition 
                programs under this Act and the Child Nutrition 
                Act of 1966 (42 U.S.C. 1771 et seq.).
                  (C) Procurement and processing of food 
                service products and commodities.--The 
                Secretary shall--
                          (i) identify, develop, and 
                        disseminate to State departments of 
                        agriculture and education, school food 
                        authorities, local educational 
                        agencies, and local processing 
                        entities, model product specifications 
                        and practices for foods offered in 
                        school nutrition programs under this 
                        Act and the Child Nutrition Act of 1966 
                        (42 U.S.C. 1771 et seq.) to ensure that 
                        the foods reflect the most recent 
                        Dietary Guidelines for Americans 
                        published under section 301 of the 
                        National Nutrition Monitoring and 
                        Related Research Act of 1990 (7 U.S.C. 
                        5341);
                          (ii) not later than 1 year after the 
                        date of enactment of this 
                        subparagraph--
                                  (I) carry out a study to 
                                analyze the quantity and 
                                quality of nutritional 
                                information available to school 
                                food authorities about food 
                                service products and 
                                commodities; and
                                  (II) submit to Congress a 
                                report on the results of the 
                                study that contains such 
                                legislative recommendations as 
                                the Secretary considers 
                                necessary to ensure that school 
                                food authorities have access to 
                                the nutritional information 
                                needed for menu planning and 
                                compliance assessments; and
                          (iii) to the maximum extent 
                        practicable, in purchasing and 
                        processing commodities for use in 
                        school nutrition programs under this 
                        Act and the Child Nutrition Act of 1966 
                        (42 U.S.C. 1771 et seq.), purchase the 
                        widest variety of healthful foods that 
                        reflect the most recent Dietary 
                        Guidelines for Americans.
          (5) Water.--Schools participating in the school lunch 
        program under this Act shall make available to children 
        free of charge, as nutritionally appropriate, potable 
        water for consumption in the place where meals are 
        served during meal service.
  (b)(1)(A) Not later than June 1 of each fiscal year, the 
Secretary shall prescribe income guidelines for determining 
eligibility for free and reduced price lunches during the 12-
month period beginning July 1 of such fiscal year and ending 
June 30 of the following fiscal year. The income guidelines for 
determining eligibility for free lunches shall be 130 percent 
of the applicable family size income levels contained in the 
nonfarm income poverty guidelines prescribed by the Office of 
Management and Budget, as adjusted annually in accordance with 
subparagraph (B). The income guidelines for determining 
eligibility for reduced price lunches for any school year shall 
be 185 percent of the applicable family size income levels 
contained in the nonfarm income poverty guidelines prescribed 
by the Office of Management and Budget, as adjusted annually in 
accordance with subparagraph (B). The Office of Management and 
Budget guidelines shall be revised at annual intervals, or at 
any shorter interval deemed feasible and desirable.
  (B) The revision required by subparagraph (A) of this 
paragraph shall be made by multiplying--
          (i) the official poverty line (as defined by the 
        Office of Management and Budget); by
          (ii) the percentage change in the Consumer Price 
        Index during the annual or other interval immediately 
        preceding the time at which the adjustment is made.
Revisions under this subparagraph shall be made not more than 
30 days after the date on which the consumer price index data 
required to compute the adjustment becomes available.
  (2)(A) Following the determination by the Secretary under 
paragraph (1) of this subsection of the income eligibility 
guidelines for each school year, each State educational agency 
shall announce the income eligibility guidelines, by family 
size, to be used by schools in the State in making 
determinations of eligibility for free and reduced price 
lunches. Local school authorities shall, each year, publicly 
announce the income eligibility guidelines for free and reduced 
price lunches on or before the opening of school.
          (B) Applications and descriptive material.--
                  (i) In general.--Applications for free and 
                reduced price lunches, in such form as the 
                Secretary may prescribe or approve, and any 
                descriptive material, shall be distributed to 
                the parents or guardians of children in 
                attendance at the school, and shall contain 
                only the family size income levels for reduced 
                price meal eligibility with the explanation 
                that households with incomes less than or equal 
                to these values would be eligible for free or 
                reduced price lunches.
                  (ii) Income eligibility guidelines.--Forms 
                and descriptive material distributed in 
                accordance with clause (i) may not contain the 
                income eligibility guidelines for free lunches.
                  (iii) Contents of descriptive material.--
                          (I) In general.--Descriptive material 
                        distributed in accordance with clause 
                        (i) shall contain a notification that--
                                  (aa) participants in the 
                                programs listed in subclause 
                                (II) may be eligible for free 
                                or reduced price meals; and
                                  (bb) documentation may be 
                                requested for verification of 
                                eligibility for free or reduced 
                                price meals.
                          (II) Programs.--The programs referred 
                        to in subclause (I)(aa) are--
                                  (aa) the special supplemental 
                                nutrition program for women, 
                                infants, and children 
                                established by section 17 of 
                                the Child Nutrition Act of 1966 
                                (42 U.S.C. 1786);
                                  (bb) the supplemental 
                                nutrition assistance program 
                                established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 
                                2011 et seq.);
                                  (cc) the food distribution 
                                program on Indian reservations 
                                established under section 4(b) 
                                of the Food and Nutrition Act 
                                of 2008 (7 U.S.C. 2013(b)); and
                                  (dd) a State program funded 
                                under the program of block 
                                grants to States for temporary 
                                assistance for needy families 
                                established under part A of 
                                title IV of the Social Security 
                                Act (42 U.S.C. 601 et seq.).
          (3) Household applications.--
                  (A) Definition of household application.--In 
                this paragraph, the term ``household 
                application'' means an application for a child 
                of a household to receive free or reduced price 
                school lunches under this Act, or free or 
                reduced price school breakfasts under the Child 
                Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 
                for which an eligibility determination is made 
                other than under paragraph (4) or (5).
                  (B) Eligibility determination.--
                          (i) In general.--An eligibility 
                        determination shall be made on the 
                        basis of a complete household 
                        application executed by an adult member 
                        of the household or in accordance with 
                        guidance issued by the Secretary.
                          (ii) Electronic signatures and 
                        applications.--A household application 
                        may be executed using an electronic 
                        signature if--
                                  (I) the application is 
                                submitted electronically; and
                                  (II) the electronic 
                                application filing system meets 
                                confidentiality standards 
                                established by the Secretary.
                  (C) Children in household.--
                          (i) In general.--The household 
                        application shall identify the names of 
                        each child in the household for whom 
                        meal benefits are requested.
                          (ii) Separate applications.--A State 
                        educational agency or local educational 
                        agency may not request a separate 
                        application for each child in the 
                        household that attends schools under 
                        the same local educational agency.
                  (D) Verification of sample.--
                          (i) Definitions.--In this 
                        subparagraph:
                                  (I) Error prone 
                                application.--The term ``error 
                                prone application'' means an 
                                approved household application 
                                that--
                                          (aa) indicates 
                                        monthly income that is 
                                        within $100, or an 
                                        annual income that is 
                                        within $1,200, of the 
                                        income eligibility 
                                        limitation for free or 
                                        reduced price meals; or
                                          (bb) in lieu of the 
                                        criteria established 
                                        under item (aa), meets 
                                        criteria established by 
                                        the Secretary.
                                  (II) Non-response rate.--The 
                                term ``non-response rate'' 
                                means (in accordance with 
                                guidelines established by the 
                                Secretary) the percentage of 
                                approved household applications 
                                for which verification 
                                information has not been 
                                obtained by a local educational 
                                agency after attempted 
                                verification under 
                                subparagraphs (F) and (G).
                          (ii) Verification of sample.--Each 
                        school year, a local educational agency 
                        shall verify eligibility of the 
                        children in a sample of household 
                        applications approved for the school 
                        year by the local educational agency, 
                        as determined by the Secretary in 
                        accordance with this subsection.
                          (iii) Sample size.--Except as 
                        otherwise provided in this paragraph, 
                        the sample for a local educational 
                        agency for a school year shall equal 
                        the lesser of--
                                  (I) 3 percent of all 
                                applications approved by the 
                                local educational agency for 
                                the school year, as of October 
                                1 of the school year, selected 
                                from error prone applications; 
                                or
                                  (II) 3,000 error prone 
                                applications approved by the 
                                local educational agency for 
                                the school year, as of October 
                                1 of the school year.
                          (iv) Alternative sample size.--
                                  (I) In general.--If the 
                                conditions described in 
                                subclause (IV) are met, the 
                                verification sample size for a 
                                local educational agency shall 
                                be the sample size described in 
                                subclause (II) or (III), as 
                                determined by the local 
                                educational agency.
                                  (II)  3,000/3 percent 
                                option.--The sample size 
                                described in this subclause 
                                shall be the lesser of 3,000, 
                                or 3 percent of, applications 
                                selected at random from 
                                applications approved by the 
                                local educational agency for 
                                the school year, as of October 
                                1 of the school year.
                                  (III)  1,000/1 percent plus 
                                option.--
                                          (aa) In general.--The 
                                        sample size described 
                                        in this subclause shall 
                                        be the sum of--
                                                  (AA) the 
                                                lesser of 
                                                1,000, or 1 
                                                percent of, all 
                                                applications 
                                                approved by the 
                                                local 
                                                educational 
                                                agency for the 
                                                school year, as 
                                                of October 1 of 
                                                the school 
                                                year, selected 
                                                from error 
                                                prone 
                                                applications; 
                                                and
                                                  (BB) the 
                                                lesser of 500, 
                                                or \1/2\ of 1 
                                                percent of, 
                                                applications 
                                                approved by the 
                                                local 
                                                educational 
                                                agency for the 
                                                school year, as 
                                                of October 1 of 
                                                the school 
                                                year, that 
                                                provide a case 
                                                number (in lieu 
                                                of income 
                                                information) 
                                                showing 
                                                participation 
                                                in a program 
                                                described in 
                                                item (bb) 
                                                selected from 
                                                those approved 
                                                applications 
                                                that provide a 
                                                case number (in 
                                                lieu of income 
                                                information) 
                                                verifying the 
                                                participation.
                                          (bb) Programs.--The 
                                        programs described in 
                                        this item are--
                                                  (AA) the 
                                                supplemental 
                                                nutrition 
                                                assistance 
                                                program 
                                                established 
                                                under the Food 
                                                and Nutrition 
                                                Act of 2008 (7 
                                                U.S.C. 2011 et 
                                                seq.);
                                                  (BB) the food 
                                                distribution 
                                                program on 
                                                Indian 
                                                reservations 
                                                established 
                                                under section 
                                                4(b) of the 
                                                Food and 
                                                Nutrition Act 
                                                of 2008 (7 
                                                U.S.C. 
                                                2013(b)); and
                                                  (CC) a State 
                                                program funded 
                                                under the 
                                                program of 
                                                block grants to 
                                                States for 
                                                temporary 
                                                assistance for 
                                                needy families 
                                                established 
                                                under part A of 
                                                title IV of the 
                                                Social Security 
                                                Act (42 U.S.C. 
                                                601 et seq.) 
                                                that the 
                                                Secretary 
                                                determines 
                                                complies with 
                                                standards 
                                                established by 
                                                the Secretary 
                                                that ensure 
                                                that the 
                                                standards under 
                                                the State 
                                                program are 
                                                comparable to 
                                                or more 
                                                restrictive 
                                                than those in 
                                                effect on June 
                                                1, 1995.
                                  (IV) Conditions.--The 
                                conditions referred to in 
                                subclause (I) shall be met for 
                                a local educational agency for 
                                a school year if--
                                          (aa) the nonresponse 
                                        rate for the local 
                                        educational agency for 
                                        the preceding school 
                                        year is less than 20 
                                        percent; or
                                          (bb) the local 
                                        educational agency has 
                                        more than 20,000 
                                        children approved by 
                                        application by the 
                                        local educational 
                                        agency as eligible for 
                                        free or reduced price 
                                        meals for the school 
                                        year, as of October 1 
                                        of the school year, 
                                        and--
                                                  (AA) the 
                                                nonresponse 
                                                rate for the 
                                                preceding 
                                                school year is 
                                                at least 10 
                                                percent below 
                                                the nonresponse 
                                                rate for the 
                                                second 
                                                preceding 
                                                school year; or
                                                  (BB) in the 
                                                case of the 
                                                school year 
                                                beginning July 
                                                2005, the local 
                                                educational 
                                                agency attempts 
                                                to verify all 
                                                approved 
                                                household 
                                                applications 
                                                selected for 
                                                verification 
                                                through use of 
                                                public agency 
                                                records from at 
                                                least 2 of the 
                                                programs or 
                                                sources of 
                                                information 
                                                described in 
                                                subparagraph 
                                                (F)(i).
                          (v) Additional selected 
                        applications.--A sample for a local 
                        educational agency for a school year 
                        under clauses (iii) and (iv)(III)(AA) 
                        shall include the number of additional 
                        randomly selected approved household 
                        applications that are required to 
                        comply with the sample size 
                        requirements in those clauses.
                  (E) Preliminary review.--
                          (i) Review for accuracy.--
                                  (I) In general.--Prior to 
                                conducting any other 
                                verification activity for 
                                approved household applications 
                                selected for verification, the 
                                local educational agency shall 
                                ensure that the initial 
                                eligibility determination for 
                                each approved household 
                                application is reviewed for 
                                accuracy by an individual other 
                                than the individual making the 
                                initial eligibility 
                                determination, unless otherwise 
                                determined by the Secretary.
                                  (II) Waiver.--The 
                                requirements of subclause (I) 
                                shall be waived for a local 
                                educational agency if the local 
                                educational agency is using a 
                                technology-based solution that 
                                demonstrates a high level of 
                                accuracy, to the satisfaction 
                                of the Secretary, in processing 
                                an initial eligibility 
                                determination in accordance 
                                with the income eligibility 
                                guidelines of the school lunch 
                                program.
                          (ii) Correct eligibility 
                        determination.--If the review indicates 
                        that the initial eligibility 
                        determination is correct, the local 
                        educational agency shall verify the 
                        approved household application.
                          (iii) Incorrect eligibility 
                        determination.--If the review indicates 
                        that the initial eligibility 
                        determination is incorrect, the local 
                        educational agency shall (as determined 
                        by the Secretary)--
                                  (I) correct the eligibility 
                                status of the household;
                                  (II) notify the household of 
                                the change;
                                  (III) in any case in which 
                                the review indicates that the 
                                household is not eligible for 
                                free or reduced-price meals, 
                                notify the household of the 
                                reason for the ineligibility 
                                and that the household may 
                                reapply with income 
                                documentation for free or 
                                reduced-price meals; and
                                  (IV) in any case in which the 
                                review indicates that the 
                                household is eligible for free 
                                or reduced-price meals, verify 
                                the approved household 
                                application.
                  (F) Direct verification.--
                          (i) In general.--Subject to clauses 
                        (ii) and (iii), to verify eligibility 
                        for free or reduced price meals for 
                        approved household applications 
                        selected for verification, the local 
                        educational agency may (in accordance 
                        with criteria established by the 
                        Secretary) first obtain and use income 
                        and program participation information 
                        from a public agency administering--
                                  (I) the supplemental 
                                nutrition assistance program 
                                established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 
                                2011 et seq.);
                                  (II) the food distribution 
                                program on Indian reservations 
                                established under section 4(b) 
                                of the Food and Nutrition Act 
                                of 2008 (7 U.S.C. 2013(b));
                                  (III) the temporary 
                                assistance for needy families 
                                program funded under part A of 
                                title IV of the Social Security 
                                Act (42 U.S.C. 601 et seq.);
                                  (IV) the State medicaid 
                                program under title XIX of the 
                                Social Security Act (42 U.S.C. 
                                1396 et seq.); or
                                  (V) a similar income-tested 
                                program or other source of 
                                information, as determined by 
                                the Secretary.
                          (ii) Free meals.--Public agency 
                        records that may be obtained and used 
                        under clause (i) to verify eligibility 
                        for free meals for approved household 
                        applications selected for verification 
                        shall include the most recent available 
                        information (other than information 
                        reflecting program participation or 
                        income before the 180-day period ending 
                        on the date of application for free 
                        meals) that is relied on to 
                        administer--
                                  (I) a program or source of 
                                information described in clause 
                                (i) (other than clause 
                                (i)(IV)); or
                                  (II) the State plan for 
                                medical assistance under title 
                                XIX of the Social Security Act 
                                (42 U.S.C. 1396 et seq.) in--
                                          (aa) a State in which 
                                        the income eligibility 
                                        limit applied under 
                                        section 1902(l)(2)(C) 
                                        of that Act (42 U.S.C. 
                                        1396a(l)(2)(C)) is not 
                                        more than 133 percent 
                                        of the official poverty 
                                        line described in 
                                        section 1902(l)(2)(A) 
                                        of that Act (42 U.S.C. 
                                        1396a(l)(2)(A)); or
                                          (bb) a State that 
                                        otherwise identifies 
                                        households that have 
                                        income that is not more 
                                        than 133 percent of the 
                                        official poverty line 
                                        described in section 
                                        1902(l)(2)(A) of that 
                                        Act (42 U.S.C. 
                                        1396a(l)(2)(A)).
                          (iii) Reduced price meals.--Public 
                        agency records that may be obtained and 
                        used under clause (i) to verify 
                        eligibility for reduced price meals for 
                        approved household applications 
                        selected for verification shall include 
                        the most recent available information 
                        (other than information reflecting 
                        program participation or income before 
                        the 180-day period ending on the date 
                        of application for reduced price meals) 
                        that is relied on to administer--
                                  (I) a program or source of 
                                information described in clause 
                                (i) (other than clause 
                                (i)(IV)); or
                                  (II) the State plan for 
                                medical assistance under title 
                                XIX of the Social Security Act 
                                (42 U.S.C. 1396 et seq.) in--
                                          (aa) a State in which 
                                        the income eligibility 
                                        limit applied under 
                                        section 1902(l)(2)(C) 
                                        of that Act (42 U.S.C. 
                                        1396a(l)(2)(C)) is not 
                                        more than 185 percent 
                                        of the official poverty 
                                        line described in 
                                        section 1902(l)(2)(A) 
                                        of that Act (42 U.S.C. 
                                        1396a(l)(2)(A)); or
                                          (bb) a State that 
                                        otherwise identifies 
                                        households that have 
                                        income that is not more 
                                        than 185 percent of the 
                                        official poverty line 
                                        described in section 
                                        1902(l)(2)(A) of that 
                                        Act (42 U.S.C. 
                                        1396a(l)(2)(A)).
                          (iv) Evaluation.--Not later than 3 
                        years after the date of enactment of 
                        this subparagraph, the Secretary shall 
                        complete an evaluation of--
                                  (I) the effectiveness of 
                                direct verification carried out 
                                under this subparagraph in 
                                decreasing the portion of the 
                                verification sample that must 
                                be verified under subparagraph 
                                (G) while ensuring that 
                                adequate verification 
                                information is obtained; and
                                  (II) the feasibility of 
                                direct verification by State 
                                agencies and local educational 
                                agencies.
                          (v) Expanded use of direct 
                        verification.--If the Secretary 
                        determines that direct verification 
                        significantly decreases the portion of 
                        the verification sample that must be 
                        verified under subparagraph (G), while 
                        ensuring that adequate verification 
                        information is obtained, and can be 
                        conducted by most State agencies and 
                        local educational agencies, the 
                        Secretary may require a State agency or 
                        local educational agency to implement 
                        direct verification through 1 or more 
                        of the programs described in clause 
                        (i), as determined by the Secretary, 
                        unless the State agency or local 
                        educational agency demonstrates (under 
                        criteria established by the Secretary) 
                        that the State agency or local 
                        educational agency lacks the capacity 
                        to conduct, or is unable to implement, 
                        direct verification.
                  (G) Household verification.--
                          (i) In general.--If an approved 
                        household application is not verified 
                        through the use of public agency 
                        records, a local educational agency 
                        shall provide to the household written 
                        notice that--
                                  (I) the approved household 
                                application has been selected 
                                for verification; and
                                  (II) the household is 
                                required to submit verification 
                                information to confirm 
                                eligibility for free or reduced 
                                price meals.
                          (ii) Phone number.--The written 
                        notice in clause (i) shall include a 
                        toll-free phone number that parents and 
                        legal guardians in households selected 
                        for verification can call for 
                        assistance with the verification 
                        process.
                          (iii) Followup activities.--If a 
                        household does not respond to a 
                        verification request, a local 
                        educational agency shall make at least 
                        1 attempt to obtain the necessary 
                        verification from the household in 
                        accordance with guidelines and 
                        regulations promulgated by the 
                        Secretary.
                          (iv) Contract authority for school 
                        food authorities.--A local educational 
                        agency may contract (under standards 
                        established by the Secretary) with a 
                        third party to assist the local 
                        educational agency in carrying out 
                        clause (iii).
                  (H) Verification deadline.--
                          (i) General deadline.--
                                  (I) In general.--Subject to 
                                subclause (II), not later than 
                                November 15 of each school 
                                year, a local educational 
                                agency shall complete the 
                                verification activities 
                                required for the school year 
                                (including followup 
                                activities).
                                  (II) Extension.--Under 
                                criteria established by the 
                                Secretary, a State may extend 
                                the deadline established under 
                                subclause (I) for a school year 
                                for a local educational agency 
                                to December 15 of the school 
                                year.
                          (ii) Eligibility changes.--Based on 
                        the verification activities, the local 
                        educational agency shall make 
                        appropriate modifications to the 
                        eligibility determinations made for 
                        household applications in accordance 
                        with criteria established by the 
                        Secretary.
                  (I) Local conditions.--In the case of a 
                natural disaster, civil disorder, strike, or 
                other local condition (as determined by the 
                Secretary), the Secretary may substitute 
                alternatives for--
                          (i) the sample size and sample 
                        selection criteria established under 
                        subparagraph (D); and
                          (ii) the verification deadline 
                        established under subparagraph (H).
                  (J) Individual review.--In accordance with 
                criteria established by the Secretary, the 
                local educational agency may, on individual 
                review--
                          (i) decline to verify no more than 5 
                        percent of approved household 
                        applications selected under 
                        subparagraph (D); and
                          (ii) replace the approved household 
                        applications with other approved 
                        household applications to be verified.
                  (K) Feasibility study.--
                          (i) In general.--The Secretary shall 
                        conduct a study of the feasibility of 
                        using computer technology (including 
                        data mining) to reduce--
                                  (I) overcertification errors 
                                in the school lunch program 
                                under this Act;
                                  (II) waste, fraud, and abuse 
                                in connection with this 
                                paragraph; and
                                  (III) errors, waste, fraud, 
                                and abuse in other nutrition 
                                programs, as determined to be 
                                appropriate by the Secretary.
                          (ii) Report.--Not later than 180 days 
                        after the date of enactment of this 
                        paragraph, the Secretary shall submit 
                        to the Committee on Education and the 
                        Workforce of the House of 
                        Representatives and the Committee on 
                        Agriculture, Nutrition, and Forestry of 
                        the Senate a report describing--
                                  (I) the results of the 
                                feasibility study conducted 
                                under this subsection;
                                  (II) how a computer system 
                                using technology described in 
                                clause (i) could be 
                                implemented;
                                  (III) a plan for 
                                implementation; and
                                  (IV) proposed legislation, if 
                                necessary, to implement the 
                                system.
          (4) Direct certification for children in supplemental 
        nutrition assistance program households.--
                  (A) In general.--Subject to subparagraph (D), 
                each State agency shall enter into an agreement 
                with the State agency conducting eligibility 
                determinations for the supplemental nutrition 
                assistance program established under the Food 
                and Nutrition Act of 2008 (7 U.S.C. 2011 et 
                seq.).
                  (B) Procedures.--Subject to paragraph (6), 
                the agreement shall establish procedures under 
                which a child who is a member of a household 
                receiving assistance under the supplemental 
                nutrition assistance program shall be certified 
                as eligible for free lunches under this Act and 
                free breakfasts under the Child Nutrition Act 
                of 1966 (42 U.S.C. 1771 et seq.), without 
                further application.
                  (C) Certification.--Subject to paragraph (6), 
                under the agreement, the local educational 
                agency conducting eligibility determinations 
                for a school lunch program under this Act and a 
                school breakfast program under the Child 
                Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) 
                shall certify a child who is a member of a 
                household receiving assistance under the 
                supplemental nutrition assistance program as 
                eligible for free lunches under this Act and 
                free breakfasts under the Child Nutrition Act 
                of 1966 (42 U.S.C. 1771 et seq.), without 
                further application.
                  (D) Applicability.--This paragraph applies 
                to--
                          (i) in the case of the school year 
                        beginning July 2006, a school district 
                        that had an enrollment of 25,000 
                        students or more in the preceding 
                        school year;
                          (ii) in the case of the school year 
                        beginning July 2007, a school district 
                        that had an enrollment of 10,000 
                        students or more in the preceding 
                        school year; and
                          (iii) in the case of the school year 
                        beginning July 2008 and each subsequent 
                        school year, each local educational 
                        agency.
                  (E) Performance awards.--
                          (i) In general.--Effective for each 
                        of the school years beginning July 1, 
                        2011, July 1, 2012, and July 1, 2013, 
                        the Secretary shall offer performance 
                        awards to States to encourage the 
                        States to ensure that all children 
                        eligible for direct certification under 
                        this paragraph are certified in 
                        accordance with this paragraph.
                          (ii) Requirements.--For each school 
                        year described in clause (i), the 
                        Secretary shall--
                                  (I) consider State data from 
                                the prior school year, 
                                including estimates contained 
                                in the report required under 
                                section 4301 of the Food, 
                                Conservation, and Energy Act of 
                                2008 (42 U.S.C. 1758a); and
                                  (II) make performance awards 
                                to not more than 15 States that 
                                demonstrate, as determined by 
                                the Secretary--
                                          (aa) outstanding 
                                        performance; and
                                          (bb) substantial 
                                        improvement.
                          (iii) Use of funds.--A State agency 
                        that receives a performance award under 
                        clause (i)--
                                  (I) shall treat the funds as 
                                program income; and
                                  (II) may transfer the funds 
                                to school food authorities for 
                                use in carrying out the 
                                program.
                          (iv) Funding.--
                                  (I) In general.--On October 
                                1, 2011, and each subsequent 
                                October 1 through October 1, 
                                2013, out of any funds in the 
                                Treasury not otherwise 
                                appropriated, the Secretary of 
                                the Treasury shall transfer to 
                                the Secretary--
                                          (aa) $2,000,000 to 
                                        carry out clause 
                                        (ii)(II)(aa); and
                                          (bb) $2,000,000 to 
                                        carry out clause 
                                        (ii)(II)(bb).
                                  (II) Receipt and 
                                acceptance.--The Secretary 
                                shall be entitled to receive, 
                                shall accept, and shall use to 
                                carry out this clause the funds 
                                transferred under subclause 
                                (I), without further 
                                appropriation.
                          (v) Payments not subject to judicial 
                        review.--A determination by the 
                        Secretary whether, and in what amount, 
                        to make a performance award under this 
                        subparagraph shall not be subject to 
                        administrative or judicial review.
                  (F) Continuous improvement plans.--
                          (i) Definition of required 
                        percentage.--In this subparagraph, the 
                        term ``required percentage'' means--
                                  (I) for the school year 
                                beginning July 1, 2011, 80 
                                percent;
                                  (II) for the school year 
                                beginning July 1, 2012, 90 
                                percent; and
                                  (III) for the school year 
                                beginning July 1, 2013, and 
                                each school year thereafter, 95 
                                percent.
                          (ii) Requirements.--Each school year, 
                        the Secretary shall--
                                  (I) identify, using data from 
                                the prior year, including 
                                estimates contained in the 
                                report required under section 
                                4301 of the Food, Conservation, 
                                and Energy Act of 2008 (42 
                                U.S.C. 1758a), States that 
                                directly certify less than the 
                                required percentage of the 
                                total number of children in the 
                                State who are eligible for 
                                direct certification under this 
                                paragraph;
                                  (II) require the States 
                                identified under subclause (I) 
                                to implement a continuous 
                                improvement plan to fully meet 
                                the requirements of this 
                                paragraph, which shall include 
                                a plan to improve direct 
                                certification for the following 
                                school year; and
                                  (III) assist the States 
                                identified under subclause (I) 
                                to develop and implement a 
                                continuous improvement plan in 
                                accordance with subclause (II).
                          (iii) Failure to meet performance 
                        standard.--
                                  (I) In general.--A State that 
                                is required to develop and 
                                implement a continuous 
                                improvement plan under clause 
                                (ii)(II) shall be required to 
                                submit the continuous 
                                improvement plan to the 
                                Secretary, for the approval of 
                                the Secretary.
                                  (II) Requirements.--At a 
                                minimum, a continuous 
                                improvement plan under 
                                subclause (I) shall include--
                                          (aa) specific 
                                        measures that the State 
                                        will use to identify 
                                        more children who are 
                                        eligible for direct 
                                        certification, 
                                        including improvements 
                                        or modifications to 
                                        technology, information 
                                        systems, or databases;
                                          (bb) a timeline for 
                                        the State to implement 
                                        those measures; and
                                          (cc) goals for the 
                                        State to improve direct 
                                        certification results.
                  (G) Without further application.--
                          (i) In general.--In this paragraph, 
                        the term ``without further 
                        application'' means that no action is 
                        required by the household of the child.
                          (ii) Clarification.--A requirement 
                        that a household return a letter 
                        notifying the household of eligibility 
                        for direct certification or eligibility 
                        for free school meals does not meet the 
                        requirements of clause (i).
          (5) Discretionary certification.--Subject to 
        paragraph (6), any local educational agency may certify 
        any child as eligible for free lunches or breakfasts, 
        without further application, by directly communicating 
        with the appropriate State or local agency to obtain 
        documentation of the status of the child as--
                  (A) a member of a family that is receiving 
                assistance under the temporary assistance for 
                needy families program funded under part A of 
                title IV of the Social Security Act (42 U.S.C. 
                601 et seq.) that the Secretary determines 
                complies with standards established by the 
                Secretary that ensure that the standards under 
                the State program are comparable to or more 
                restrictive than those in effect on June 1, 
                1995;
                  (B) a homeless child or youth (defined as 1 
                of the individuals described in section 725(2) 
                of the McKinney-Vento Homeless Assistance Act 
                (42 U.S.C. 11434a(2));
                  (C) served by the runaway and homeless youth 
                grant program established under the Runaway and 
                Homeless Youth Act (42 U.S.C. 5701 et seq.);
                  (D) a migratory child (as defined in section 
                1309 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6399)); or
                  (E)(i) a foster child whose care and 
                placement is the responsibility of an agency 
                that administers a State plan under part B or E 
                of title IV of the Social Security Act (42 
                U.S.C. 621 et seq.); or
                  (ii) a foster child who a court has placed 
                with a caretaker household.
          (6) Use or disclosure of information.--
                  (A) In general.--The use or disclosure of any 
                information obtained from an application for 
                free or reduced price meals, or from a State or 
                local agency referred to in paragraph (3)(F), 
                (4), or (5), shall be limited to--
                          (i) a person directly connected with 
                        the administration or enforcement of 
                        this Act or the Child Nutrition Act of 
                        1966 (42 U.S.C. 1771 et seq.) 
                        (including a regulation promulgated 
                        under either Act);
                          (ii) a person directly connected with 
                        the administration or enforcement of--
                                  (I) a Federal education 
                                program;
                                  (II) a State health or 
                                education program administered 
                                by the State or local 
                                educational agency (other than 
                                a program carried out under 
                                title XIX or XXI of the Social 
                                Security Act (42 U.S.C. 1396 et 
                                seq.; 42 U.S.C. 1397aa et 
                                seq.)); or
                                  (III) a Federal, State, or 
                                local means-tested nutrition 
                                program with eligibility 
                                standards comparable to the 
                                school lunch program under this 
                                Act;
                          (iii)(I) the Comptroller General of 
                        the United States for audit and 
                        examination authorized by any other 
                        provision of law; and
                          (II) notwithstanding any other 
                        provision of law, a Federal, State, or 
                        local law enforcement official for the 
                        purpose of investigating an alleged 
                        violation of any program covered by 
                        this paragraph or paragraph (3)(F), 
                        (4), or (5);
                          (iv) a person directly connected with 
                        the administration of the State 
                        medicaid program under title XIX of the 
                        Social Security Act (42 U.S.C. 1396 et 
                        seq.) or the State children's health 
                        insurance program under title XXI of 
                        that Act (42 U.S.C. 1397aa et seq.) 
                        solely for the purposes of--
                                  (I) identifying children 
                                eligible for benefits under, 
                                and enrolling children in, 
                                those programs, except that 
                                this subclause shall apply only 
                                to the extent that the State 
                                and the local educational 
                                agency or school food authority 
                                so elect; and
                                  (II) verifying the 
                                eligibility of children for 
                                programs under this Act or the 
                                Child Nutrition Act of 1966 (42 
                                U.S.C. 1771 et seq.); and
                          (v) a third party contractor 
                        described in paragraph (3)(G)(iv).
                  (B) Limitation on information provided.--
                Information provided under clause (ii) or (v) 
                of subparagraph (A) shall be limited to the 
                income eligibility status of the child for whom 
                application for free or reduced price meal 
                benefits is made or for whom eligibility 
                information is provided under paragraph (3)(F), 
                (4), or (5), unless the consent of the parent 
                or guardian of the child for whom application 
                for benefits was made is obtained.
                  (C) Criminal penalty.--A person described in 
                subparagraph (A) who publishes, divulges, 
                discloses, or makes known in any manner, or to 
                any extent not authorized by Federal law 
                (including a regulation), any information 
                obtained under this subsection shall be fined 
                not more than $1,000 or imprisoned not more 
                than 1 year, or both.
                  (D) Requirements for waiver of 
                confidentiality.--A State that elects to 
                exercise the option described in subparagraph 
                (A)(iv)(I) shall ensure that any local 
                educational agency or school food authority 
                acting in accordance with that option--
                          (i) has a written agreement with 1 or 
                        more State or local agencies 
                        administering health programs for 
                        children under titles XIX and XXI of 
                        the Social Security Act (42 U.S.C. 1396 
                        et seq. and 1397aa et seq.) that 
                        requires the health agencies to use the 
                        information obtained under subparagraph 
                        (A) to seek to enroll children in those 
                        health programs; and
                          (ii)(I) notifies each household, the 
                        information of which shall be disclosed 
                        under subparagraph (A), that the 
                        information disclosed will be used only 
                        to enroll children in health programs 
                        referred to in subparagraph (A)(iv); 
                        and
                          (II) provides each parent or guardian 
                        of a child in the household with an 
                        opportunity to elect not to have the 
                        information disclosed.
                  (E) Use of disclosed information.--A person 
                to which information is disclosed under 
                subparagraph (A)(iv)(I) shall use or disclose 
                the information only as necessary for the 
                purpose of enrolling children in health 
                programs referred to in subparagraph (A)(iv).
          (7) Free and reduced price policy statement.--
                  (A) In general.--After the initial 
                submission, a local educational agency shall 
                not be required to submit a free and reduced 
                price policy statement to a State educational 
                agency under this Act unless there is a 
                substantive change in the free and reduced 
                price policy of the local educational agency.
                  (B) Routine change.--A routine change in the 
                policy of a local educational agency (such as 
                an annual adjustment of the income eligibility 
                guidelines for free and reduced price meals) 
                shall not be sufficient cause for requiring the 
                local educational agency to submit a policy 
                statement.
          (8) Communications.--
                  (A) In general.--Any communication with a 
                household under this subsection or subsection 
                (d) shall be in an understandable and uniform 
                format and, to the maximum extent practicable, 
                in a language that parents and legal guardians 
                can understand.
                  (B) Electronic availability.--In addition to 
                the distribution of applications and 
                descriptive material in paper form as provided 
                for in this paragraph, the applications and 
                material may be made available electronically 
                via the Internet.
          (9) Eligibility for free and reduced price lunches.--
                  (A) Free lunches.--Any child who is a member 
                of a household whose income, at the time the 
                application is submitted, is at an annual rate 
                which does not exceed the applicable family 
                size income level of the income eligibility 
                guidelines for free lunches, as determined 
                under paragraph (1), shall be served a free 
                lunch.
                  (B) Reduced price lunches.--
                          (i) In general.--Any child who is a 
                        member of a household whose income, at 
                        the time the application is submitted, 
                        is at an annual rate greater than the 
                        applicable family size income level of 
                        the income eligibility guidelines for 
                        free lunches, as determined under 
                        paragraph (1), but less than or equal 
                        to the applicable family size income 
                        level of the income eligibility 
                        guidelines for reduced price lunches, 
                        as determined under paragraph (1), 
                        shall be served a reduced price lunch.
                          (ii) Maximum price.--The price 
                        charged for a reduced price lunch shall 
                        not exceed 40 cents.
                  (C) Duration.--Except as otherwise specified 
                in paragraph (3)(E), (3)(H)(ii), and section 
                11(a), eligibility for free or reduced price 
                meals for any school year shall remain in 
                effect--
                          (i) beginning on the date of 
                        eligibility approval for the current 
                        school year; and
                          (ii) ending on a date during the 
                        subsequent school year determined by 
                        the Secretary.
  (10) No physical segregation of or other discrimination 
against any child eligible for a free lunch or a reduced price 
lunch under this subsection shall be made by the school nor 
shall there be any overt identification of any child by special 
tokens or tickets, announced or published list of names, or by 
other means.
  (11) Any child who has a parent or guardian who (A) is 
responsible for the principal support of such child and (B) is 
unemployed shall be served a free or reduced price lunch, 
respectively, during any period (i) in which such child's 
parent or guardian continues to be unemployed and (ii) the 
income of the child's parents or guardians during such period 
of unemployment falls within the income eligibility criteria 
for free lunches or reduced price lunches, respectively, based 
on the current rate of income of such parents or guardians. 
Local educational agencies shall publicly announce that such 
children are eligible for free or reduced price lunch, and 
shall make determinations with respect to the status of any 
parent or guardian of any child under clauses (A) and (B) of 
the preceding sentence on the basis of a statement executed in 
such form as the Secretary may prescribe by such parent or 
guardian. No physical segregation of, or other discrimination 
against, any child eligible for a free or reduced price lunch 
under this paragraph shall be made by the school nor shall 
there be any overt identification of any such child by special 
tokens or tickets, announced or published lists of names, or by 
any other means.
  (12)(A) A child shall be considered automatically eligible 
for a free lunch and breakfast under this Act and the Child 
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), respectively, 
without further application or eligibility determination, if 
the child is--
          (i) a member of a household receiving assistance 
        under the supplemental nutrition assistance program 
        authorized under the Food and Nutrition Act of 2008 (7 
        U.S.C. 2011 et seq.);
          (ii) a member of a family (under the State program 
        funded under part A of title IV of the Social Security 
        Act (42 U.S.C. 601 et seq.)) that the Secretary 
        determines complies with standards established by the 
        Secretary that ensure that the standards under the 
        State program are comparable to or more restrictive 
        than those in effect on June 1, 1995;
          (iii) enrolled as a participant in a Head Start 
        program authorized under the Head Start Act (42 U.S.C. 
        9831 et seq.), on the basis of a determination that the 
        child meets the eligibility criteria prescribed under 
        section 645(a)(1)(B) of the Head Start Act (42 U.S.C. 
        9840(a)(1)(B));
                  (iv) a homeless child or youth (defined as 1 
                of the individuals described in section 725(2) 
                of the McKinney-Vento Homeless Assistance Act 
                (42 U.S.C. 11434a(2)));
                  (v) served by the runaway and homeless youth 
                grant program established under the Runaway and 
                Homeless Youth Act (42 U.S.C. 5701 et seq.);
                  (vi) a migratory child (as defined in section 
                1309 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6399)); or
                  (vii)(I) a foster child whose care and 
                placement is the responsibility of an agency 
                that administers a State plan under part B or E 
                of title IV of the Social Security Act (42 
                U.S.C. 621 et seq.); or
                          (II) a foster child who a court has 
                        placed with a caretaker household.
  (B) Proof of receipt of supplemental nutrition assistance 
program benefits or assistance under the State program funded 
under part A of title IV of the Social Security Act (42 U.S.C. 
601 et seq.) that the Secretary determines complies with 
standards established by the Secretary that ensure that the 
standards under the State program are comparable to or more 
restrictive than those in effect on June 1, 1995, or of 
enrollment or participation in a Head Start program on the 
basis described in subparagraph (A)(iii), shall be sufficient 
to satisfy any verification requirement imposed under this 
subsection.
          (13) Exclusion of certain military housing 
        allowances.--The amount of a basic allowance provided 
        under section 403 of title 37, United States Code, on 
        behalf of a member of a uniformed service for housing 
        that is acquired or constructed under subchapter IV of 
        chapter 169 of title 10, United States Code, or any 
        related provision of law, shall not be considered to be 
        income for the purpose of determining the eligibility 
        of a child who is a member of the household of the 
        member of a uniformed service for free or reduced price 
        lunches under this Act.
          (14) Combat pay.--
                  (A) Definition of combat pay.--In this 
                paragraph, the term ``combat pay'' means any 
                additional payment under chapter 5 of title 37, 
                United States Code, or otherwise designated by 
                the Secretary to be appropriate for exclusion 
                under this paragraph, that is received by or 
                from a member of the United States Armed Forces 
                deployed to a designated combat zone, if the 
                additional pay--
                          (i) is the result of deployment to or 
                        service in a combat zone; and
                          (ii) was not received immediately 
                        prior to serving in a combat zone.
                  (B) Exclusion.--Combat pay shall not be 
                considered to be income for the purpose of 
                determining the eligibility for free or reduced 
                price meals of a child who is a member of the 
                household of a member of the United States 
                Armed Forces.
          (15) Direct certification for children receiving 
        medicaid benefits.--
                  (A) Definitions.--In this paragraph:
                          (i) Eligible child.--The term 
                        ``eligible child'' means a child--
                                  (I)(aa) who is eligible for 
                                and receiving medical 
                                assistance under the Medicaid 
                                program; and
                                  (bb) who is a member of a 
                                family with an income as 
                                measured by the Medicaid 
                                program before the application 
                                of any expense, block, or other 
                                income disregard, that does not 
                                exceed 133 percent of the 
                                poverty line (as defined in 
                                section 673(2) of the Community 
                                Services Block Grant Act (42 
                                U.S.C. 9902(2), including any 
                                revision required by such 
                                section)) applicable to a 
                                family of the size used for 
                                purposes of determining 
                                eligibility for the Medicaid 
                                program; or
                                  (II) who is a member of a 
                                household (as that term is 
                                defined in section 245.2 of 
                                title 7, Code of Federal 
                                Regulations (or successor 
                                regulations) with a child 
                                described in subclause (I).
                          (ii) Medicaid program.--The term 
                        ``Medicaid program'' means the program 
                        of medical assistance established under 
                        title XIX of the Social Security Act 
                        (42 U.S.C. 1396 et seq.).
                  (B) Demonstration project.--
                          (i) In general.--The Secretary, 
                        acting through the Administrator of the 
                        Food and Nutrition Service and in 
                        cooperation with selected State 
                        agencies, shall conduct a demonstration 
                        project in selected local educational 
                        agencies to determine whether direct 
                        certification of eligible children is 
                        an effective method of certifying 
                        children for free lunches and 
                        breakfasts under section 9(b)(1)(A) of 
                        this Act and section 4(e)(1)(A) of the 
                        Child Nutrition Act of 1966 (42 U.S.C. 
                        1773(e)(1)(A)).
                          (ii) Scope of project.--The Secretary 
                        shall carry out the demonstration 
                        project under this subparagraph--
                                  (I) for the school year 
                                beginning July 1, 2012, in 
                                selected local educational 
                                agencies that collectively 
                                serve 2.5 percent of students 
                                certified for free and reduced 
                                price meals nationwide, based 
                                on the most recent available 
                                data;
                                  (II) for the school year 
                                beginning July 1, 2013, in 
                                selected local educational 
                                agencies that collectively 
                                serve 5 percent of students 
                                certified for free and reduced 
                                price meals nationwide, based 
                                on the most recent available 
                                data; and
                                  (III) for the school year 
                                beginning July 1, 2014, and 
                                each subsequent school year, in 
                                selected local educational 
                                agencies that collectively 
                                serve 10 percent of students 
                                certified for free and reduced 
                                price meals nationwide, based 
                                on the most recent available 
                                data.
                          (iii) Purposes of the project.--At a 
                        minimum, the purposes of the 
                        demonstration project shall be--
                                  (I) to determine the 
                                potential of direct 
                                certification with the Medicaid 
                                program to reach children who 
                                are eligible for free meals but 
                                not certified to receive the 
                                meals;
                                  (II) to determine the 
                                potential of direct 
                                certification with the Medicaid 
                                program to directly certify 
                                children who are enrolled for 
                                free meals based on a household 
                                application; and
                                  (III) to provide an estimate 
                                of the effect on Federal costs 
                                and on participation in the 
                                school lunch program under this 
                                Act and the school breakfast 
                                program established by section 
                                4 of the Child Nutrition Act of 
                                1966 (42 U.S.C. 1773) of direct 
                                certification with the Medicaid 
                                program.
                          (iv) Cost estimate.--For each of 2 
                        school years of the demonstration 
                        project, the Secretary shall estimate 
                        the cost of the direct certification of 
                        eligible children for free school meals 
                        through data derived from--
                                  (I) the school meal programs 
                                authorized under this Act and 
                                the Child Nutrition Act of 1966 
                                (42 U.S.C. 1771 et seq.);
                                  (II) the Medicaid program; 
                                and
                                  (III) interviews with a 
                                statistically representative 
                                sample of households.
                  (C) Agreement.--
                          (i) In general.--Not later than July 
                        1 of the first school year during which 
                        a State agency will participate in the 
                        demonstration project, the State agency 
                        shall enter into an agreement with the 
                        1 or more State agencies conducting 
                        eligibility determinations for the 
                        Medicaid program.
                          (ii) Without further application.--
                        Subject to paragraph (6), the agreement 
                        described in subparagraph (D) shall 
                        establish procedures under which an 
                        eligible child shall be certified for 
                        free lunches under this Act and free 
                        breakfasts under section 4 of the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1773), 
                        without further application (as defined 
                        in paragraph (4)(G)).
                  (D) Certification.--For the school year 
                beginning on July 1, 2012, and each subsequent 
                school year, subject to paragraph (6), the 
                local educational agencies participating in the 
                demonstration project shall certify an eligible 
                child as eligible for free lunches under this 
                Act and free breakfasts under the Child 
                Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 
                without further application (as defined in 
                paragraph (4)(G)).
                  (E) Site selection.--
                          (i) In general.--To be eligible to 
                        participate in the demonstration 
                        project under this subsection, a State 
                        agency shall submit to the Secretary an 
                        application at such time, in such 
                        manner, and containing such information 
                        as the Secretary may require.
                          (ii) Considerations.--In selecting 
                        States and local educational agencies 
                        for participation in the demonstration 
                        project, the Secretary may take into 
                        consideration such factors as the 
                        Secretary considers to be appropriate, 
                        which may include--
                                  (I) the rate of direct 
                                certification;
                                  (II) the share of individuals 
                                who are eligible for benefits 
                                under the supplemental 
                                nutrition assistance program 
                                established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 
                                2011 et seq.) who participate 
                                in the program, as determined 
                                by the Secretary;
                                  (III) the income eligibility 
                                limit for the Medicaid program;
                                  (IV) the feasibility of 
                                matching data between local 
                                educational agencies and the 
                                Medicaid program;
                                  (V) the socioeconomic profile 
                                of the State or local 
                                educational agencies; and
                                  (VI) the willingness of the 
                                State and local educational 
                                agencies to comply with the 
                                requirements of the 
                                demonstration project.
                  (F) Access to data.--For purposes of 
                conducting the demonstration project under this 
                paragraph, the Secretary shall have access to--
                          (i) educational and other records of 
                        State and local educational and other 
                        agencies and institutions receiving 
                        funding or providing benefits for 1 or 
                        more programs authorized under this Act 
                        or the Child Nutrition Act of 1966 (42 
                        U.S.C. 1771 et seq.); and
                          (ii) income and program participation 
                        information from public agencies 
                        administering the Medicaid program.
                  (G) Report to congress.--
                          (i) In general.--Not later than 
                        October 1, 2014, the Secretary shall 
                        submit to the Committee on Education 
                        and Labor of the House of 
                        Representatives and the Committee on 
                        Agriculture, Nutrition, and Forestry of 
                        the Senate, an interim report that 
                        describes the results of the 
                        demonstration project required under 
                        this paragraph.
                          (ii) Final report.--Not later than 
                        October 1, 2015, the Secretary shall 
                        submit a final report to the committees 
                        described in clause (i).
                  (H) Funding.--
                          (i) In general.--On October 1, 2010, 
                        out of any funds in the Treasury not 
                        otherwise appropriated, the Secretary 
                        of the Treasury shall transfer to the 
                        Secretary to carry out subparagraph (G) 
                        $5,000,000, to remain available until 
                        expended.
                          (ii) Receipt and acceptance.--The 
                        Secretary shall be entitled to receive, 
                        shall accept, and shall use to carry 
                        out subparagraph (G) the funds 
                        transferred under clause (i), without 
                        further appropriation.
  (c) School lunch programs under this Act shall be operated on 
a nonprofit basis. Commodities purchased under the authority of 
section 32 of the Act of August 24, 1935, may be donated by the 
Secretary to schools, in accordance with the needs as 
determined by local school authorities, for utilization in the 
school lunch program under this Act as well as to other schools 
carrying out nonprofit school lunch programs and institutions 
authorized to receive such commodities. The requirements of 
this section relating to the service of meals without cost or 
at a reduced cost shall apply to the lunch program of any 
school utilizing commodities donated under any provision of 
law.
  (d)(1) The Secretary shall require as a condition of 
eligibility for receipt of free or reduced price lunches that 
the member of the household who executes the application 
furnish the last 4 digits of the social security account number 
of the parent or guardian who is the primary wage earner 
responsible for the care of the child for whom the application 
is made, or that of another appropriate adult member of the 
child's household, as determined by the Secretary.
  (2) No member of a household may be provided a free or 
reduced price lunch under this Act unless--
          (A) appropriate documentation relating to the income 
        of such household (as prescribed by the Secretary) has 
        been provided to the appropriate local educational 
        agency so that the local educational agency may 
        calculate the total income of such household;
          (B) documentation showing that the household is 
        participating in the supplemental nutrition assistance 
        program under the Food and Nutrition Act of 2008 has 
        been provided to the appropriate local educational 
        agency;
          (C) documentation has been provided to the 
        appropriate local educational agency showing that the 
        family is receiving assistance under the State program 
        funded under part A of title IV of the Social Security 
        Act that the Secretary determines complies with 
        standards established by the Secretary that ensure that 
        the standards under the State program are comparable to 
        or more restrictive than those in effect on June 1, 
        1995;
          (D) documentation has been provided to the 
        appropriate local educational agency showing that the 
        child meets the criteria specified in clauses (iv) or 
        (v) of subsection (b)(12)(A);
          (E) documentation has been provided to the 
        appropriate local educational agency showing the status 
        of the child as a migratory child (as defined in 
        section 1309 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6399));
          (F)(i) documentation has been provided to the 
        appropriate local educational agency showing the status 
        of the child as a foster child whose care and placement 
        is the responsibility of an agency that administers a 
        State plan under part B or E of title IV of the Social 
        Security Act (42 U.S.C. 621 et seq.); or
                  (ii) documentation has been provided to the 
                appropriate local educational agency showing 
                the status of the child as a foster child who a 
                court has placed with a caretaker household; or
          (G) documentation has been provided to the 
        appropriate local educational agency showing the status 
        of the child as an eligible child (as defined in 
        subsection (b)(15)(A)).
  (e) A school or school food authority participating in a 
program under this Act may not contract with a food service 
company to provide a la carte food service unless the company 
agrees to offer free, reduced price, and full-price 
reimbursable meals to all eligible children.
  (f) Nutritional Requirements.--
          (1) In general.--Schools that are participating in 
        the school lunch program or school breakfast program 
        shall serve lunches and breakfasts that--
                  (A) are consistent with the goals of the most 
                recent Dietary Guidelines for Americans 
                published under section 301 of the National 
                Nutrition Monitoring and Related Research Act 
                of 1990 (7 U.S.C. 5341); and
                  (B) consider the nutrient needs of children 
                who may be at risk for inadequate food intake 
                and food insecurity.
  (2) To assist schools in meeting the requirements of this 
subsection, the Secretary--
          (A) shall--
                  (i) develop, and provide to schools, 
                standardized recipes, menu cycles, and food 
                product specification and preparation 
                techniques; and
                  (ii) provide to schools information regarding 
                nutrient standard menu planning, assisted 
                nutrient standard menu planning, and food-based 
                menu systems; and
          (B) may provide to schools information regarding 
        other approaches, as determined by the Secretary.
  (3) Use of any reasonable approach.--
          (A) In general.--A school food service authority may 
        use any reasonable approach, within guidelines 
        established by the Secretary in a timely manner, to 
        meet the requirements of this subsection, including--
                  (i) using the school nutrition meal pattern 
                in effect for the 1994-1995 school year; and
                  (ii) using any of the approaches described in 
                paragraph (3).
          (B) Nutrient analysis.--The Secretary may not require 
        a school to conduct or use a nutrient analysis to meet 
        the requirements of this subsection.
          (4) Waiver of requirement for weighted averages for 
        nutrient analysis.--During the period ending on 
        September 30, 2010, the Secretary shall not require the 
        use of weighted averages for nutrient analysis of menu 
        items and foods offered or served as part of a meal 
        offered or served under the school lunch program under 
        this Act or the school breakfast program under section 
        4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
  (g) Not later than 1 year after the date of enactment of this 
subsection, the Secretary shall provide a notification to 
Congress that justifies the need for production records 
required under section 210.10(b) of title 7, Code of Federal 
Regulations, and describes how the Secretary has reduced 
paperwork relating to the school lunch and school breakfast 
programs.
  (h) Food Safety.--
          (1) In general.--A school participating in the school 
        lunch program under this Act or the school breakfast 
        program under section 4 of the Child Nutrition Act of 
        1966 (42 U.S.C. 1773) shall--
                  (A) at least twice during each school year, 
                obtain a food safety inspection conducted by a 
                State or local governmental agency responsible 
                for food safety inspections;
                  (B) post in a publicly visible location a 
                report on the most recent inspection conducted 
                under subparagraph (A); and
                  (C) on request, provide a copy of the report 
                to a member of the public.
          (2) State and local government inspections.--Nothing 
        in paragraph (1) prevents any State or local government 
        from adopting or enforcing any requirement for more 
        frequent food safety inspections of schools.
          (3) Audits and reports by states.--[For fiscal year 
        2020] For fiscal year 2021, each State shall annually--
                  (A) audit food safety inspections of schools 
                conducted under paragraphs (1) and (2); and
                  (B) submit to the Secretary a report of the 
                results of the audit.
          (4) Audit by the secretary.--[For fiscal year 2020] 
        For fiscal year 2021, the Secretary shall annually 
        audit State reports of food safety inspections of 
        schools submitted under paragraph (3).
          (5) School food safety program.--
                  (A) In general.--Each school food authority 
                shall implement a school food safety program, 
                in the preparation and service of each meal 
                served to children, that complies with any 
                hazard analysis and critical control point 
                system established by the Secretary.
                  (B) Applicability.--Subparagraph (A) shall 
                apply to any facility or part of a facility in 
                which food is stored, prepared, or served for 
                the purposes of the school nutrition programs 
                under this Act or section 4 of the Child 
                Nutrition Act of 1966 (42 U.S.C. 1773).
  (i) Single Permanent Agreement Between State Agency and 
School Food Authority; Common Claims Form.--
          (1) In general.--If a single State agency administers 
        any combination of the school lunch program under this 
        Act, the school breakfast program under section 4 of 
        the Child Nutrition Act of 1966 (42 U.S.C. 1773), the 
        summer food service program for children under section 
        13 of this Act, or the child and adult care food 
        program under section 17 of this Act, the agency 
        shall--
                  (A) require each school food authority to 
                submit to the State agency a single agreement 
                with respect to the operation by the authority 
                of the programs administered by the State 
                agency; and
                  (B) use a common claims form with respect to 
                meals and supplements served under the programs 
                administered by the State agency.
          (2) Additional requirement.--The agreement described 
        in paragraph (1)(A) shall be a permanent agreement that 
        may be amended as necessary.
  (j) Purchases of Locally Produced Foods.--The Secretary 
shall--
          (1) encourage institutions receiving funds under this 
        Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 
        et seq.) to purchase unprocessed agricultural products, 
        both locally grown and locally raised, to the maximum 
        extent practicable and appropriate;
          (2) advise institutions participating in a program 
        described in paragraph (1) of the policy described in 
        that paragraph and paragraph (3) and post information 
        concerning the policy on the website maintained by the 
        Secretary; and
          (3) allow institutions receiving funds under this Act 
        and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et 
        seq.), including the Department of Defense Fresh Fruit 
        and Vegetable Program, to use a geographic preference 
        for the procurement of unprocessed agricultural 
        products, both locally grown and locally raised.
  (k) Information on the School Nutrition Environment.--
          (1) In general.--The Secretary shall--
                  (A) establish requirements for local 
                educational agencies participating in the 
                school lunch program under this Act and the 
                school breakfast program established by section 
                4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                1773) to report information about the school 
                nutrition environment, for all schools under 
                the jurisdiction of the local educational 
                agencies, to the Secretary and to the public in 
                the State on a periodic basis; and
                  (B) provide training and technical assistance 
                to States and local educational agencies on the 
                assessment and reporting of the school 
                nutrition environment, including the use of any 
                assessment materials developed by the 
                Secretary.
          (2) Requirements.--In establishing the requirements 
        for reporting on the school nutrition environment under 
        paragraph (1), the Secretary shall--
                  (A) include information pertaining to food 
                safety inspections, local wellness policies, 
                meal program participation, the nutritional 
                quality of program meals, and other information 
                as determined by the Secretary; and
                  (B) ensure that information is made available 
                to the public by local educational agencies in 
                an accessible, easily understood manner in 
                accordance with guidelines established by the 
                Secretary.
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this 
        subsection such sums as are necessary for each of 
        fiscal years 2011 through 2015.
  (l) Food Donation Program.--
          (1) In general.--Each school and local educational 
        agency participating in the school lunch program under 
        this Act may donate any food not consumed under such 
        program to eligible local food banks or charitable 
        organizations.
          (2) Guidance.--
                  (A) In general.--Not later than 180 days 
                after the date of the enactment of this 
                subsection, the Secretary shall develop and 
                publish guidance to schools and local 
                educational agencies participating in the 
                school lunch program under this Act to assist 
                such schools and local educational agencies in 
                donating food under this subsection.
                  (B) Updates.--The Secretary shall update such 
                guidance as necessary.
          (3) Liability.--Any school or local educational 
        agency making donations pursuant to this subsection 
        shall be exempt from civil and criminal liability to 
        the extent provided under the Bill Emerson Good 
        Samaritan Food Donation Act (42 U.S.C. 1791).
          (4) Definition.--In this subsection, the term 
        ``eligible local food banks or charitable 
        organizations'' means any food bank or charitable 
        organization which is exempt from tax under section 
        501(c)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 501(c)(3)).

           *       *       *       *       *       *       *


SEC. 26. INFORMATION CLEARINGHOUSE.

  (a) In General.--The Secretary shall enter into a contract 
with a nongovernmental organization described in subsection (b) 
to establish and maintain a clearinghouse to provide 
information to nongovernmental groups located throughout the 
United States that assist low-income individuals or communities 
regarding food assistance, self-help activities to aid 
individuals in becoming self-reliant, and other activities that 
empower low-income individuals or communities to improve the 
lives of low-income individuals and reduce reliance on Federal, 
State, or local governmental agencies for food or other 
assistance.
  (b) Nongovernmental Organization.--The nongovernmental 
organization referred to in subsection (a) shall be selected on 
a competitive basis and shall--
          (1) be experienced in the gathering of first-hand 
        information in all the States through onsite visits to 
        grassroots organizations in each State that fight 
        hunger and poverty or that assist individuals in 
        becoming self-reliant;
          (2) be experienced in the establishment of a 
        clearinghouse similar to the clearinghouse described in 
        subsection (a);
          (3) agree to contribute in-kind resources towards the 
        establishment and maintenance of the clearinghouse and 
        agree to provide clearinghouse information, free of 
        charge, to the Secretary, States, counties, cities, 
        antihunger groups, and grassroots organizations that 
        assist individuals in becoming self-sufficient and 
        self-reliant;
          (4) be sponsored by an organization, or be an 
        organization, that--
                  (A) has helped combat hunger for at least 10 
                years;
                  (B) is committed to reinvesting in the United 
                States; and
                  (C) is knowledgeable regarding Federal 
                nutrition programs;
          (5) be experienced in communicating the purpose of 
        the clearinghouse through the media, including the 
        radio and print media, and be able to provide access to 
        the clearinghouse information through computer or 
        telecommunications technology, as well as through the 
        mails; and
          (6) be able to provide examples, advice, and guidance 
        to States, counties, cities, communities, antihunger 
        groups, and local organizations regarding means of 
        assisting individuals and communities to reduce 
        reliance on government programs, reduce hunger, improve 
        nutrition, and otherwise assist low-income individuals 
        and communities become more self-sufficient.
  (c) Audits.--The Secretary shall establish fair and 
reasonable auditing procedures regarding the expenditures of 
funds to carry out this section.
  (d) Funding.--Out of any moneys in the Treasury not otherwise 
appropriated, the Secretary of the Treasury shall pay to the 
Secretary to provide to the organization selected under this 
section, to establish and maintain the information 
clearinghouse, $200,000 for each of fiscal years 1995 and 1996, 
$150,000 for fiscal year 1997, $100,000 for fiscal year 1998, 
$166,000 for each of fiscal years 1999 through 2004, and 
$250,000 for each of fiscal years [2010 through 2021] 2010 
through 2022. The Secretary shall be entitled to receive the 
funds and shall accept the funds, without further 
appropriation.

           *       *       *       *       *       *       *

                              ----------                              


                     FOOD AND NUTRITION ACT OF 2008




           *       *       *       *       *       *       *
       APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS

  Sec. 9.
  (a) Authorization to Accept and Redeem Benefits.--
          (1) Application.--
                  (A) In general.--Regulations issued pursuant 
                to this Act shall provide for the submission of 
                applications for approval by retail food stores 
                and wholesale food concerns which desire to be 
                authorized to accept and redeem benefits under 
                the supplemental nutrition assistance program 
                and for the approval of those applicants whose 
                participation will effectuate the purposes of 
                the supplemental nutrition assistance program.
                  (B) Factors for consideration.--In 
                determining the qualifications of applicants, 
                there shall be considered among such other 
                factors as may be appropriate, the following:
                          (i) the nature and extent of the food 
                        business conducted by the applicant;
                          (ii) the volume of benefit 
                        transactions which may reasonably be 
                        expected to be conducted by the 
                        applicant food store or wholesale food 
                        concern;
                          (iii) whether the applicant is 
                        located in an area with significantly 
                        limited access to food;
                          (iv) any information, if available, 
                        about the abilityof the anticipated or 
                        existing electronic benefit 
                        transferequipment and service provider 
                        of the applicant toprovide sufficient 
                        information through the 
                        electronicbenefit transfer system to 
                        minimize the risk of 
                        fraudulenttransactions; and
                          (v) the business integrity and 
                        reputation of the applicant.
                  (C) Certificate.--Approval of an applicant 
                shall be evidenced by the issuance to such 
                applicant of a nontransferable certificate of 
                approval.
                  (D) Visit Required.--No retail food store or 
                wholesale food concern of a type determined by 
                the Secretary, based on factors that include 
                size, location, and type of items sold, shall 
                be approved to be authorized or reauthorized 
                for participation in the supplemental nutrition 
                assistance program unless an authorized 
                employee of the Department of Agriculture, a 
                designee of the Secretary, or, if practicable, 
                an official of the State or local government 
                designated by the Secretary has visited the 
                store or concern for the purpose of determining 
                whether the store or concern should be approved 
                or reauthorized, as appropriate.
  (2) The Secretary shall issue regulations providing for--
          (A) the periodic reauthorization of retail food 
        stores and wholesale food concerns; and
          (B) periodic notice to participating retail food 
        stores and wholesale food concerns of the definitions 
        of ``retail food store'', ``staple foods'', ``eligible 
        foods'', and ``perishable foods''.
  (3) Authorization periods.--The Secretary shall establish 
specific time periods during which authorization to accept and 
redeem benefits shall be valid under the supplemental nutrition 
assistance program.
          (4) Electronic benefit transfer equipment and service 
        providers.--Before implementing clause (iv) of 
        paragraph (1)(B), the Secretary shall issue guidance 
        for retail food stores on how to select electronic 
        benefit transfer equipment and service providers that 
        are able to meet the requirements of that clause.
  (b)(1) No wholesale food concern may be authorized to accept 
and redeem benefits unless the Secretary determines that its 
participation is required for the effective and efficient 
operation of the supplemental nutrition assistance program. No 
co-located wholesale-retail food concern may be authorized to 
accept and redeem benefits as a retail food store, unless (A) 
the concern does a substantial level of retail food business, 
or (B) the Secretary determines that failure to authorize such 
a food concern as a retail food store would cause hardship to 
households that receive supplemental nutrition assistance 
program benefits. In addition, no firm may be authorized to 
accept and redeem benefits as both a retail food store and as a 
wholesale food concern at the same time.
  (2)(A) A buyer or transferee (other than a bona fide buyer or 
transferee) of a retail food store or wholesale food concern 
that has been disqualified under section 12(a) may not accept 
or redeem benefits until the Secretary receives full payment of 
any penalty imposed on such store or concern.
  (B) A buyer or transferee may not, as a result of the sale or 
transfer of such store or concern, be required to furnish a 
bond under section 12(d).
  (c) Regulations issued pursuant to this Act shall require an 
applicant retail food store or wholesale food concern to submit 
information, which may include relevant income and sales tax 
filing documents, purchase invoices, records relating to 
electronic benefit transfer equipment and related services, 
transaction and redemption data provided through the electronic 
benefit transfer system, or program-related records, which will 
permit a determination to be made as to whether such applicant 
qualifies, or continues to qualify, for approval under the 
provisions of this Act or the regulations issued pursuant to 
this Act. The regulations may require retail food stores and 
wholesale food concerns to provide written authorization for 
the Secretary to verify all relevant tax filings with 
appropriate agencies and to obtain corroborating documentation 
from other sources so that the accuracy of information provided 
by the stores and concerns may be verified. Regulations issued 
pursuant to this Act shall provide for safeguards which limit 
the use or disclosure of information obtained under the 
authority granted by this subsection to purposes directly 
connected with administration and enforcement of the provisions 
of this Act or the regulations issued pursuant to this Act, 
except that such information may be disclosed to any used by 
Federal law enforcement and investigative agencies and law 
enforcement and investigative agencies of a State government 
for the purposes of administering or enforcing this Act or any 
other Federal or State law and the regulations issued under 
this Act or such law, and State agencies that administer the 
special supplemental nutrition program for women, infants and 
children, authorized under section 17 of the Child Nutrition 
Act of 1966, for purposes of administering the provisions of 
that Act and the regulations issued under that Act. Any person 
who publishes, divulges, discloses, or makes known in any 
manner or to any extent not authorized by Federal law 
(including a regulation) any information obtained under this 
subsection shall be fined not more than $1,000 or imprisoned 
not more than 1 year, or both. The regulations shall establish 
the criteria to be used by the Secretary to determine whether 
the information is needed. The regulations shall not prohibit 
the audit and examination of such information by the 
Comptroller General of the United States authorized by any 
other provision of law.
  (d) Any retail food store or wholesale food concern which has 
failed upon application to receive approval to participate in 
the supplemental nutrition assistance program may obtain a 
hearing on such refusal as provided in section 14 of this Act. 
A retail food store or wholesale food concern that is denied 
approval to accept and redeem benefits because the store or 
concern does not meet criteria for approval established by the 
Secretary may not, for at least 6 months, submit a new 
application to participate in the program. The Secretary may 
establish a longer time period under the preceding sentence, 
including permanent disqualification, that reflects the 
severity of the basis of the denial.
  (e) Approved retail food stores shall display a sign 
providing information on how persons may report abuses they 
have observed in the operation of the supplemental nutrition 
assistance program.
  (f) In those areas in which the Secretary, in consultation 
with the Inspector General of the Department of Agriculture, 
finds evidence that the operation of house-to-house trade 
routes damages the program's integrity, the Secretary shall 
limit the participation of house-to-house trade routes to those 
routes that are reasonably necessary to provide adequate access 
to households.
  (g) EBT Service Requirement.--An approved retail food store 
shall provide adequate EBT service as described in section 
7(h)(3)(B).
  (h) Private Establishments.--
          (1) In general.--Subject to paragraph (2), no private 
        establishment that contracts with a State agency to 
        offer meals at concessional prices as described in 
        paragraphs (3), (4), and (9) of section 3(k) may be 
        authorized to accept and redeem benefits unless the 
        Secretary determines that the participation of the 
        private establishment is required to meet a documented 
        need in accordance with section 11(e)(25).
          (2) Existing contracts.--
                  (A) In general.--If, on the day before the 
                date of enactment of this subsection, a State 
                has entered into a contract with a private 
                establishment described in paragraph (1) and 
                the Secretary has not determined that the 
                participation of the private establishment is 
                necessary to meet a documented need in 
                accordance with section 11(e)(25), the 
                Secretary shall allow the operation of the 
                private establishment to continue without that 
                determination of need for a period not to 
                exceed 180 days from the date on which the 
                Secretary establishes determination criteria, 
                by regulation, under section 11(e)(25).
                  (B) Justification.--If the Secretary 
                determines to terminate a contract with a 
                private establishment that is in effect on the 
                date of enactment of this subsection, the 
                Secretary shall provide justification to the 
                State in which the private establishment is 
                located for that termination.
          (3) Report to Congress.--Not later than 90 days after 
        September 30, 2014, and 90 days after the last day of 
        each fiscal year thereafter, the Secretary shall submit 
        to the Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate a report on the 
        effectiveness of a program under this subsection using 
        any information received from States under section 
        11(e)(25) as well as any other information the 
        Secretary may have relating to the manner in which 
        benefits are used.
  (i) Review of Program Operations.--
          (1) Review by the secretary.--The Secretary--
                  (A) shall review a representative sample of 
                currently authorized facilities referred to in 
                section 3(k)(3) to determine whether benefits 
                are properly used by or on behalf of 
                participating households residing in such 
                facilities and whether such facilities are 
                using more than 1 source of Federal or State 
                funding to meet the food needs of residents;
                  (B) may carry out similar reviews for 
                currently participating residential drug and 
                alcohol treatment and rehabilitation programs, 
                and group living arrangements for the blind and 
                disabled, referred to in section 3(k);
                  (C) shall gather information, and such 
                facilities, programs, and arrangements shall be 
                required to submit information deemed necessary 
                for a full and thorough review; and
                  (D) shall report the results of these reviews 
                to the Committee on Agriculture of the House of 
                Representatives and the Committee on 
                Agriculture, Nutrition, and Forestry of the 
                Senate not later than 18 months after the date 
                of the enactment of the Agriculture Improvement 
                Act of 2018, along with recommendations 
                regarding--
                          (i) any additional requirements or 
                        oversight that would be appropriate for 
                        such facilities, programs, and 
                        arrangements; and
                          (ii) whether such facilities, 
                        programs, and arrangements should 
                        continue to be authorized to 
                        participate in the supplemental 
                        nutrition assistance program.
          (2) Limitation.--Nothing in this subsection shall 
        authorize the Secretary to deny any application for 
        continued authorization, any application for 
        authorization, or any request to withdraw the 
        authorization of any such facility, program, or 
        arrangement based on a determination that residents of 
        any such facility or entity are residents of an 
        institution prior to [December 31, 2020] December 31, 
        2021.
  (j) Incentives.--
          (1) Definition of eligible incentive food.--In this 
        subsection, the term ``eligible incentive food'' 
        means--
                  (A) a staple food that is identified for 
                increased consumption, consistent with the most 
                recent dietary recommendations; and
                  (B) a fruit, vegetable, dairy, whole grain, 
                or product thereof.
          (2) Guidance.--
                  (A) In general.--The Secretary shall issue 
                guidance to clarify the process by which an 
                approved retail food store may seek a waiver to 
                offer an incentive, which may be used only for 
                the purchase of an eligible incentive food at 
                the point of purchase, to a household 
                purchasing food with benefits issued under this 
                Act.
                  (B) Guidance.--The guidance under 
                subparagraph (A) shall establish a process 
                under which an approved retail food store, 
                prior to carrying out an incentive program 
                under this subsection, shall provide to the 
                Secretary information describing the incentive 
                program, including--
                          (i) the types of incentives that will 
                        be offered;
                          (ii) the types of foods that will be 
                        incentivized for purchase; and
                          (iii) an explanation of how the 
                        incentive program intends to support 
                        meeting dietary intake goals.
          (3) No limitation on benefits.--A waiver granted 
        under this subsection shall not be used to carry out 
        any activity that limits the use of benefits under this 
        Act or any other Federal nutrition law.
          (4) Effect.--Guidance provided under this subsection 
        shall not affect any requirements under section 4405 of 
        the Food, Conservation, and Energy Act of 2008 (7 
        U.S.C. 7517), including the eligibility of a retail 
        food store to participate in a project funded under 
        such section.
          (5) Report.--The Secretary shall submit to the 
        Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate an annual report 
        describing the types of incentives approved under this 
        subsection.

           *       *       *       *       *       *       *

                              ----------                              


                 CONSOLIDATED APPROPRIATIONS ACT, 2018


(Public Law 115-141, division A)

           *       *       *       *       *       *       *


       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

           *       *       *       *       *       *       *



                               TITLE VII


GENERAL PROVISIONS

           *       *       *       *       *       *       *


  Sec. 779. For an additional amount for ``Rural Utilities 
Service--Distance Learning, Telemedicine, and Broadband 
Program'', $600,000,000, to remain available until expended, 
for the Secretary of Agriculture to conduct a new 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 new 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] service provided 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)).

           *       *       *       *       *       *       *

                              ----------                              


                  FEDERAL FOOD, DRUG, AND COSMETIC ACT




           *       *       *       *       *       *       *
CHAPTER V--DRUGS AND DEVICES

           *       *       *       *       *       *       *



Subchapter E--General Provisions Relating to Drugs and Devices

           *       *       *       *       *       *       *



SEC. 569D. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF  DRUGS AND 
                    CONTROLLED SUBSTANCES.

  (a) Order To Cease Distribution and Recall.--
          (1) In general.--If the Secretary determines there is 
        a reasonable probability that a drug or controlled 
        substance would cause serious adverse health 
        consequences or death, the Secretary may, after 
        providing the appropriate person with an opportunity to 
        consult with the agency, issue an order requiring 
        manufacturers, importers, distributors, or pharmacists, 
        who distribute such drug or controlled substance to 
        immediately cease distribution of such drug or 
        controlled substance.
          (2) Hearing.--An order under paragraph (1) shall 
        provide the person subject to the order with an 
        opportunity for an informal hearing, to be held not 
        later than 10 days after the date of issuance of the 
        order, on whether adequate evidence exists to justify 
        an amendment to the order, and what actions are 
        required by such amended order pursuant to subparagraph 
        (3).
          (3) Order resolution.--After an order is issued 
        according to the process under paragraphs (1) and (2), 
        the Secretary shall, except as provided in paragraph 
        (4)--
                  (A) vacate the order, if the Secretary 
                determines that inadequate grounds exist to 
                support the actions required by the order;
                  (B) continue the order ceasing distribution 
                of the drug or controlled substance until a 
                date specified in such order; or
                  (C) amend the order to require a recall of 
                the drug or controlled substance, including any 
                requirements to notify appropriate persons, a 
                timetable for the recall to occur, and a 
                schedule for updates to be provided to the 
                Secretary regarding such recall.
          (4) Risk assessment.--If the Secretary determines 
        that the risk of recalling a drug or controlled 
        substance presents a greater health risk than the 
        health risk of not recalling such drug or controlled 
        substance from use, an amended order under subparagraph 
        (B) or (C) of paragraph (3) shall not include either a 
        recall order for, or an order to cease distribution of, 
        such drug or controlled substance, as applicable.
          (5) Action following order.--Any person who is 
        subject to an order pursuant to subparagraph (B) or (C) 
        of paragraph (3) shall immediately cease distribution 
        of or recall, as applicable, the drug or controlled 
        substance and provide notification as required by such 
        order.
  (b) Notice to Persons Affected.--If the Secretary determines 
necessary, the Secretary may require the person subject to an 
order pursuant to paragraph (1) or an amended order pursuant to 
subparagraph (B) or (C) of paragraph (3) to provide either a 
notice of a recall order for, or an order to cease distribution 
of, such drug or controlled substance, as applicable, under 
this section to appropriate persons, including persons who 
manufacture, distribute, import, or offer for sale such product 
that is the subject of an order and to the public. In providing 
such notice, the Secretary may use the assistance of health 
professionals who prescribed or dispensed such drugs or 
controlled substances.
  (c) Nondelegation.--An order described in subsection (a)(3) 
shall be ordered by the Secretary or an official designated by 
the Secretary. An official may not be so designated under this 
section unless the official is the Director of the Center for 
Drug Evaluation and Research [or an official senior to such 
Director] or the Director of the Center for Biologics 
Evaluation and Research (or an official senior to either such 
Director).
  (d) Savings Clause.--Nothing contained in this section shall 
be construed as limiting--
          (1) the authority of the Secretary to issue an order 
        to cease distribution of, or to recall, any drug under 
        any other provision of this Act or the Public Health 
        Service Act; or
          (2) the ability of the Secretary to request any 
        person to perform a voluntary activity related to any 
        drug subject to this Act or the Public Health Service 
        Act.

           *       *       *       *       *       *       *


                   CHAPTER VIII--IMPORTS AND EXPORTS


                          imports and exports

  Sec. 801. (a) The Secretary of the Treasury shall deliver to 
the Secretary of Health and Human Services, upon his request, 
samples of food, drugs, devices, tobacco products, and 
cosmetics which are being imported or offered for import into 
the United States, giving notice thereof to the owner or 
consignee, who may appear before the Secretary of Health and 
Human Services and have the right to introduce testimony. The 
Secretary of Health and Human Services shall furnish to the 
Secretary of the Treasury a list of establishments registered 
pursuant to subsection (i) of section 510 or section 905(h) and 
shall request that if any drugs, devices, or tobacco products 
manufactured, prepared, propagated, compounded, or processed in 
an establishment not so registered are imported or offered for 
import into the United States, samples of such drugs, devices, 
or tobacco products be delivered to the Secretary of Health and 
Human Services, with notice of such delivery to the owner or 
consignee, who may appear before the Secretary of Health and 
Human Services and have the right to introduce testimony. If it 
appears from the examination of such samples or otherwise that 
(1) such article has been manufactured, processed, or packed 
under insanitary conditions or, in the case of a device, the 
methods used in, or the facilities or controls used for, the 
manufacture, packing, storage, or installation of the device do 
not conform to the requirements of section 520(f), or (2) such 
article is forbidden or restricted in sale in the country in 
which it was produced or from which it was exported, or (3) 
such article is adulterated, misbranded, or in violation of 
section 505 or the importer (as defined in section 805) is in 
violation of such section 805, or prohibited from introduction 
or delivery for introduction into interstate commerce under 
section 301(ll), or [is a controlled substance subject to an 
order under section 569D] is a drug or controlled substance 
subject to an order under section 569D, or (4) the 
recordkeeping requirements under section 204 of the FDA Food 
Safety Modernization Act (other than the requirements under 
subsection (f) of such section) have not been complied with 
regarding such articleor (5) such article is being imported or 
offered for import in violation of section 301(cc), then any 
such article described in any of clauses (1) through (5) shall 
be refused admission, except as provided in subsection (b) of 
this section. If it appears from the examination of such 
samples or otherwise that the article is a counterfeit drug, 
such article shall be refused admission. With respect to an 
article of food, if importation of such food is subject to, but 
not compliant with, the requirement under subsection (q) that 
such food be accompanied by a certification or other assurance 
that the food meets applicable requirements of this Act, then 
such article shall be refused admission. If such article is 
subject to a requirement under section 760 or 761 and if the 
Secretary has credible evidence or information indicating that 
the responsible person (as defined in such section 760 or 761) 
has not complied with a requirement of such section 760 or 761 
with respect to any such article, or has not allowed access to 
records described in such section 760 or 761, then such article 
shall be refused admission, except as provided in subsection 
(b) of this section. The Secretary of the Treasury shall cause 
the destruction of any such article refused admission unless 
such article is exported, under regulations prescribed by the 
Secretary of the Treasury, within ninety days of the date of 
notice of such refusal or within such additional time as may be 
permitted pursuant to such regulations, except that the 
Secretary of Health and Human Services may destroy, without the 
opportunity for export, any drug refused admission under this 
section, if such drug is valued at an amount that is $2,500 or 
less (or such higher amount as the Secretary of the Treasury 
may set by regulation pursuant to section 498(a)(1) of the 
Tariff Act of 1930 (19 U.S.C. 1498(a)(1)) and was not brought 
into compliance as described under subsection (b).. The 
Secretary of Health and Human Services shall issue regulations 
providing for notice and an opportunity to appear before the 
Secretary of Health and Human Services and introduce testimony, 
as described in the first sentence of this subsection, on 
destruction of a drug under the sixth sentence of this 
subsection. The regulations shall provide that prior to 
destruction, appropriate due process is available to the owner 
or consignee seeking to challenge the decision to destroy the 
drug. Where the Secretary of Health and Human Services provides 
notice and an opportunity to appear and introduce testimony on 
the destruction of a drug, the Secretary of Health and Human 
Services shall store and, as applicable, dispose of the drug 
after the issuance of the notice, except that the owner and 
consignee shall remain liable for costs pursuant to subsection 
(c). Such process may be combined with the notice and 
opportunity to appear before the Secretary and introduce 
testimony, as described in the first sentence of this 
subsection, as long as appropriate notice is provided to the 
owner or consignee. Neither clause (2) nor clause (5) of the 
third sentence of this subsection shall be construed to 
prohibit the admission of narcotic drugs, the importation of 
which is permitted under the controlled substances Import and 
Export Act.
  (b) Pending decision as to the admission of an article being 
imported or offered for import, the Secretary of the Treasury 
may authorize delivery of such article to the owner or 
consignee upon the execution by him of a good and sufficient 
bond providing for the payment of such liquidated damages in 
the event of default as may be required pursuant to regulations 
of the Secretary of the Treasury. If it appears to the 
Secretary of Health and Human Services that (1) an article 
included within the provisions of clause (3) of subsection (a) 
of this section can, by relabeling or other action, be brought 
into compliance with the Act or rendered other than a food, 
drug, device, or cosmetic, or (2) with respect to an article 
described in subsection (a) relating to the requirements of 
sections 760 or 761,, the responsible person (as defined in 
section 760 or 761) can take action that would assure that the 
responsible person is in compliance with section 760 or 761, as 
the case may be, final determination as to admission of such 
article may be deferred and, upon filing of timely written 
application by the owner or consignee and the execution by him 
of a bond as provided in the preceding provisions of this 
subsection, the Secretary may, in accordance with regulations, 
authorize the applicant, or, with respect to clause (2), the 
responsible person, to perform such relabeling or other action 
specified in such authorization (including destruction or 
export of rejected articles or portions thereof, as may be 
specified in the Secretary's authorization). All such 
relabeling or other action pursuant to such authorization shall 
in accordance with regulations be under the supervision of an 
officer or employee of the Department of Health and Human 
Services designated by the Secretary, or an officer or employee 
of the Department of the Treasury designated by the Secretary 
of the Treasury.
  (c) All expenses (including travel, per diem or subsistence, 
and salaries of officers or employees of the United States) in 
connection with the destruction provided for in subsection (a) 
of this section and the supervision of the relabeling or other 
action authorized under the provisions of subsection (b) of 
this section, the amount of such expenses to be determined in 
accordance with regulations, and all expenses in connection 
with the storage, cartage, or labor with respect to any article 
refused admission under subsection (a) of this section, shall 
be paid by the owner or consignee and, in default of such 
payment, shall constitute a lien against any future 
importations made by such owner or consignee.
  (d)(1)(A) Except as provided in paragraph (2) and section 
804, no drug subject to section 503(b) or composed wholly or 
partly of insulin which is manufactured in a State and exported 
may be imported into the United States unless the drug is 
imported by the manufacturer of the drug.
  (B) Except as authorized by the Secretary in the case of a 
drug that appears on the drug shortage list under section 506E 
or in the case of importation pursuant to section 804, no drug 
that is subject to section 503(b)(1) may be imported into the 
United States for commercial use if such drug is manufactured 
outside the United States, unless the manufacturer has 
authorized the drug to be marketed in the United States and has 
caused the drug to be labeled to be marketed in the United 
States.
  (2) The Secretary may authorize the importation of a drug the 
importation of which is prohibited by paragraph (1) if the drug 
is required for emergency medical care.
  (3)(A) Subject to subparagraph (B), no component of a drug, 
no component part or accessory of a device, or other article of 
device requiring further processing, which is ready or suitable 
for use for health-related purposes, and no article of a food 
additive, color additive, or dietary supplement, including a 
product in bulk form, shall be excluded from importation into 
the United States under subsection (a) if each of the following 
conditions is met:
          (i) The importer of such article of a drug or device 
        or importer of such article of a food additive, color 
        additive, or dietary supplement submits to the 
        Secretary, at the time of initial importation, a 
        statement in accordance with the following:
                  (I) Such statement provides that such article 
                is intended to be further processed by the 
                initial owner or consignee, or incorporated by 
                the initial owner or consignee, into a drug, 
                biological product, device, food, food 
                additive, color additive, or dietary supplement 
                that will be exported by the initial owner or 
                consignee from the United States in accordance 
                with subsection (e) or section 802, or with 
                section 351(h) of the Public Health Service 
                Act.
                  (II) The statement identifies the 
                manufacturer of such article and each 
                processor, packer, distributor, or other entity 
                that had possession of the article in the chain 
                of possession of the article from the 
                manufacturer to such importer of the article.
                  (III) The statement is accompanied by such 
                certificates of analysis as are necessary to 
                identify such article, unless the article is a 
                device or is an article described in paragraph 
                (4).
          (ii) At the time of initial importation and before 
        the delivery of such article to the importer or the 
        initial owner or consignee, such owner or consignee 
        executes a good and sufficient bond providing for the 
        payment of such liquidated damages in the event of 
        default as may be required pursuant to regulations of 
        the Secretary of the Treasury.
          (iii) Such article is used and exported by the 
        initial owner or consignee in accordance with the 
        intent described under clause (i)(I), except for any 
        portions of the article that are destroyed.
          (iv) The initial owner or consignee maintains records 
        on the use or destruction of such article or portions 
        thereof, as the case may be, and submits to the 
        Secretary any such records requested by the Secretary.
          (v) Upon request of the Secretary, the initial owner 
        or consignee submits a report that provides an 
        accounting of the exportation or destruction of such 
        article or portions thereof, and the manner in which 
        such owner or consignee complied with the requirements 
        of this subparagraph.
  (B) Notwithstanding subparagraph (A), the Secretary may 
refuse admission to an article that otherwise would be imported 
into the United States under such subparagraph if the Secretary 
determines that there is credible evidence or information 
indicating that such article is not intended to be further 
processed by the initial owner or consignee, or incorporated by 
the initial owner or consignee, into a drug, biological 
product, device, food, food additive, color additive, or 
dietary supplement that will be exported by the initial owner 
or consignee from the United States in accordance with 
subsection (e) or section 802, or with section 351(h) of the 
Public Health Service Act.
  (C) This section may not be construed as affecting the 
responsibility of the Secretary to ensure that articles 
imported into the United States under authority of subparagraph 
(A) meet each of the conditions established in such 
subparagraph for importation.
  (4) The importation into the United States of blood, blood 
components, source plasma, or source leukocytes or of a 
component, accessory, or part thereof is not permitted pursuant 
to paragraph (3) unless the importation complies with section 
351(a) of the Public Health Service Act or the Secretary 
permits the importation under appropriate circumstances and 
conditions, as determined by the Secretary. The importation of 
tissue or a component or part of tissue is not permitted 
pursuant to paragraph (3) unless the importation complies with 
section 361 of the Public Health Service Act.
  (e)(1) A food, drug, device, tobacco product or cosmetic 
intended for export shall not be deemed to be adulterated or 
misbranded under this Act, and a tobacco product intended for 
export shall not be deemed to be in violation of section 
906(e), 907, 911, or 920(a), if it--
          (A) accords to the specifications of the foreign 
        purchaser,
          (B) is not in conflict with the laws of the country 
        to which it is intended for export,
          (C) is labeled on the outside of the shipping package 
        that it is intended for export, and
          (D) is not sold or offered for sale in domestic 
        commerce.
  (2) Paragraph (1) does not apply to any device--
          (A) which does not comply with an applicable 
        requirement of section 514 or 515,
          (B) which under section 520(g) is exempt from either 
        such section, or
          (C) which is a banned device under section 516,
unless, in addition to the requirements of paragraph (1), 
either (i) the Secretary has determined that the exportation of 
the device is not contrary to public health and safety and has 
the approval of the country to which it is intended for export 
or (ii) the device is eligible for export under section 802.
  (3) A new animal drug that requires approval under section 
512 shall not be exported pursuant to paragraph (1) if such 
drug has been banned in the United States.
  (4)(A) Any person who exports a food, drug, animal drug, or 
device may request that the Secretary--
          (i) certify in writing that the exported food, drug, 
        animal drug, or device meets the requirements of 
        paragraph (1) or section 802; or
          (ii) certify in writing that the food, drug, animal 
        drug, or device being exported meets the applicable 
        requirements of this Act upon a showing that the food, 
        drug or device meets the applicable requirements of 
        this Act.
The Secretary shall issue such a certification within 20 days 
of the receipt of a request for such certification.
  (B) If the Secretary issues a written export certification 
within the 20 days prescribed by subparagraph (A), a fee for 
such certification may be charged but shall not exceed $175 for 
each certification. Fees collected for a fiscal year pursuant 
to this subparagraph shall be credited to the appropriation 
account for salaries and expenses of the Food and Drug 
Administration and shall be available in accordance with 
appropriations Acts until expended without fiscal year 
limitation. Such fees shall be collected in each fiscal year in 
an amount equal to the amount specified in appropriations Acts 
for such fiscal year and shall only be collected and available 
for the costs of the Food and Drug Administration.
  (C) For purposes of this paragraph, a certification by the 
Secretary shall be made on such basis, and in such form 
(including a publicly available listing) as the Secretary 
determines appropriate.
  (D) With regard to fees pursuant to subparagraph (B) in 
connection with written export certifications for food:
          (i) Such fees shall be collected and available solely 
        for the costs of the Food and Drug Administration 
        associated with issuing such certifications.
          (ii) Such fees may not be retained in an amount that 
        exceeds such costs for the respective fiscal year.
  (E)(i)(I) If the Secretary denies a request for certification 
under subparagraph (A)(ii) with respect to a device 
manufactured in an establishment (foreign or domestic) 
registered under section 510, the Secretary shall provide in 
writing to the person seeking such certification the basis for 
such denial, and specifically identify the finding upon which 
such denial is based.
  (II) If the denial of a request as described in subclause (I) 
is based on grounds other than an injunction proceeding 
pursuant to section 302, seizure action pursuant to section 
304, or a recall designated Class I or Class II pursuant to 
part 7, title 21, Code of Federal Regulations, and is based on 
the facility being out of compliance with part 820 of title 21, 
Code of Federal Regulations, the Secretary shall provide a 
substantive summary of the specific grounds for noncompliance 
identified by the Secretary.
  (III) With respect to a device manufactured in an 
establishment that has received a report under section 704(b), 
the Secretary shall not deny a request for certification as 
described in subclause (I) with respect to a device based 
solely on the issuance of that report if the owner, operator, 
or agent in charge of such establishment has agreed to a plan 
of correction in response to such report.
  (ii)(I) The Secretary shall provide a process for a person 
who is denied a certification as described in clause (i)(I) to 
request a review that conforms to the standards of section 
517A(b).
  (II) Notwithstanding any previous review conducted pursuant 
to subclause (I), a person who has been denied a certification 
as described in clause (i)(I) may at any time request a review 
in order to present new information relating to actions taken 
by such person to address the reasons identified by the 
Secretary for the denial of certification, including evidence 
that corrective actions are being or have been implemented to 
address grounds for noncompliance identified by the Secretary.
  (III) Not later than 1 year after the date of enactment of 
the FDA Reauthorization Act of 2017, the Secretary shall issue 
guidance providing for a process to carry out this 
subparagraph. Not later than 1 year after the close of the 
comment period for such guidance, the Secretary shall issue 
final guidance.
  (iii)(I) Subject to subclause (II), this paragraph applies to 
requests for certification on behalf of any device 
establishment registered under section 510, whether the 
establishment is located inside or outside of the United 
States, and regardless of whether such devices are to be 
exported from the United States.
  (II) If an establishment described in subclause (I) is not 
located within the United States and does not demonstrate that 
the devices manufactured, prepared, propagated, compounded, or 
processed at such establishment are to be exported from the 
United States, this paragraph shall apply only if--
          (aa) the establishment has been inspected by the 
        Secretary within 3 years of the date of the request; or
          (bb) the establishment participates in an audit 
        program in which the United States participates or the 
        United States recognizes, an audit under such program 
        has been conducted, and the findings of such audit are 
        provided to the Secretary within 3 years of the date of 
        the request.
  (f)(1) If a drug (other than insulin, an antibiotic drug, an 
animal drug, or a drug exported under section 802) being 
exported in accordance with subsection (e) is being exported to 
a country that has different or additional labeling 
requirements or conditions for use and such country requires 
the drug to be labeled in accordance with those requirements or 
uses, such drug may be labeled in accordance with such 
requirements and conditions for use in the country to which 
such drug is being exported if it also is labeled in accordance 
with the requirements of this Act.
  (2) If, pursuant to paragraph (1), the labeling of an 
exported drug includes conditions for use that have not been 
approved under this Act, the labeling must state that such 
conditions for use have not been approved under this Act. A 
drug exported under section 802 is exempt from this section.
  (g)(1) With respect to a prescription drug being imported or 
offered for import into the United States, the Secretary, in 
the case of an individual who is not in the business of such 
importations, may not send a warning notice to the individual 
unless the following conditions are met:
          (A) The notice specifies, as applicable to the 
        importation of the drug, that the Secretary has made a 
        determination that--
                  (i) importation is in violation of section 
                801(a) because the drug is or appears to be 
                adulterated, misbranded, or in violation of 
                section 505;
                  (ii) importation is in violation of section 
                801(a) because the drug is or appears to be 
                forbidden or restricted in sale in the country 
                in which it was produced or from which it was 
                exported;
                  (iii) importation is or appears to be in 
                violation of section 801(d)(1); or
                  (iv) importation otherwise is or appears to 
                be in violation of Federal law.
          (B) The notice does not specify any provision 
        described in subparagraph (A) that is not applicable to 
        the importation of the drug.
          (C) The notice states the reasons underlying such 
        determination by the Secretary, including a brief 
        application to the principal facts involved of the 
        provision of law described in subparagraph (A) that is 
        the basis of the determination by the Secretary.
  (2) For purposes of this section, the term ``warning 
notice'', with respect to the importation of a drug, means a 
communication from the Secretary (written or otherwise) 
notifying a person, or clearly suggesting to the person, that 
importing the drug for personal use is, or appears to be, a 
violation of this Act.
  (h)(1) The Secretary shall give high priority to increasing 
the number of inspections under this section for the purpose of 
enabling the Secretary to inspect food offered for import at 
ports of entry into the United States, with the greatest 
priority given to inspections to detect the intentional 
adulteration of food.
  (2) The Secretary shall give high priority to making 
necessary improvements to the information management systems of 
the Food and Drug Administration that contain information 
related to foods imported or offered for import into the United 
States for purposes of improving the ability of the Secretary 
to allocate resources, detect the intentional adulteration of 
food, and facilitate the importation of food that is in 
compliance with this Act.
  (3) The Secretary shall improve linkages with other 
regulatory agencies of the Federal Government that share 
responsibility for food safety, and shall with respect to such 
safety improve linkages with the States and Indian tribes (as 
defined in section 4(e) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b(e))).
  (i)(1) For use in inspections of food under this section, the 
Secretary shall provide for research on the development of 
tests and sampling methodologies--
          (A) whose purpose is to test food in order to rapidly 
        detect the adulteration of the food, with the greatest 
        priority given to detect the intentional adulteration 
        of food; and
          (B) whose results offer significant improvements over 
        the available technology in terms of accuracy, timing, 
        or costs.
  (2) In providing for research under paragraph (1), the 
Secretary shall give priority to conducting research on the 
development of tests that are suitable for inspections of food 
at ports of entry into the United States.
  (3) In providing for research under paragraph (1), the 
Secretary shall as appropriate coordinate with the Director of 
the Centers for Disease Control and Prevention, the Director of 
the National Institutes of Health, the Administrator of the 
Environmental Protection Agency, and the Secretary of 
Agriculture.
  (4) The Secretary shall annually submit to the Committee on 
Energy and Commerce of the House of Representatives, and the 
Committee on Health, Education, Labor, and Pensions of the 
Senate, a report describing the progress made in research under 
paragraph (1), including progress regarding paragraph (2).
  (j)(1) If an officer or qualified employee of the Food and 
Drug Administration has credible evidence or information 
indicating that an article of food presents a threat of serious 
adverse health consequences or death to humans or animals, and 
such officer or qualified employee is unable to inspect, 
examine, or investigate such article upon the article being 
offered for import at a port of entry into the United States, 
the officer or qualified employee shall request the Secretary 
of Treasury to hold the food at the port of entry for a 
reasonable period of time, not to exceed 24 hours, for the 
purpose of enabling the Secretary to inspect, examine, or 
investigate the article as appropriate.
  (2) The Secretary shall request the Secretary of Treasury to 
remove an article held pursuant to paragraph (1) to a secure 
facility, as appropriate. During the period of time that such 
article is so held, the article shall not be transferred by any 
person from the port of entry into the United States for the 
article, or from the secure facility to which the article has 
been removed, as the case may be. Subsection (b) does not 
authorize the delivery of the article pursuant to the execution 
of a bond while the article is so held.
  (3) An officer or qualified employee of the Food and Drug 
Administration may make a request under paragraph (1) only if 
the Secretary or an official designated by the Secretary 
approves the request. An official may not be so designated 
unless the official is the director of the district under this 
Act in which the article involved is located, or is an official 
senior to such director.
  (4) With respect to an article of food for which a request 
under paragraph (1) is made, the Secretary, promptly after the 
request is made, shall notify the State in which the port of 
entry involved is located that the request has been made, and 
as applicable, that such article is being held under this 
subsection.
  (k)(1) If an article of food is being imported or offered for 
import into the United States, and the importer, owner, or 
consignee of the article is a person who has been debarred 
under section 306(b)(3), such article shall be held at the port 
of entry for the article, and may not be delivered to such 
person. Subsection (b) does not authorize the delivery of the 
article pursuant to the execution of a bond while the article 
is so held. The article shall be removed to a secure facility, 
as appropriate. During the period of time that such article is 
so held, the article shall not be transferred by any person 
from the port of entry into the United States for the article, 
or from the secure facility to which the article has been 
removed, as the case may be.
  (2) An article of food held under paragraph (1) may be 
delivered to a person who is not a debarred person under 
section 306(b)(3) if such person affirmatively establishes, at 
the expense of the person, that the article complies with the 
requirements of this Act, as determined by the Secretary.
  (l)(1) If an article of food is being imported or offered for 
import into the United States, and such article is from a 
foreign facility for which a registration has not been 
submitted to the Secretary under section 415 (or for which a 
registration has been suspended under such section), such 
article shall be held at the port of entry for the article, and 
may not be delivered to the importer, owner, or consignee of 
the article, until the foreign facility is so registered. 
Subsection (b) does not authorize the delivery of the article 
pursuant to the execution of a bond while the article is so 
held. The article shall be removed to a secure facility, as 
appropriate. During the period of time that such article is so 
held, the article shall not be transferred by any person from 
the port of entry into the United States for the article, or 
from the secure facility to which the article has been removed, 
as the case may be.
  (m)(1) In the case of an article of food that is being 
imported or offered for import into the United States, the 
Secretary, after consultation with the Secretary of the 
Treasury, shall by regulation require, for the purpose of 
enabling such article to be inspected at ports of entry into 
the United States, the submission to the Secretary of a notice 
providing the identity of each of the following: The article; 
the manufacturer and shipper of the article; if known within 
the specified period of time that notice is required to be 
provided, the grower of the article; the country from which the 
article originates; the country from which the article is 
shipped; any country to which the article has been refused 
entry; and the anticipated port of entry for the article. An 
article of food imported or offered for import without 
submission of such notice in accordance with the requirements 
under this paragraph shall be refused admission into the United 
States. Nothing in this section may be construed as a 
limitation on the port of entry for an article of food.
  (2)(A) Regulations under paragraph (1) shall require that a 
notice under such paragraph be provided by a specified period 
of time in advance of the time of the importation of the 
article of food involved or the offering of the food for 
import, which period shall be no less than the minimum amount 
of time necessary for the Secretary to receive, review, and 
appropriately respond to such notification, but may not exceed 
five days. In determining the specified period of time required 
under this subparagraph, the Secretary may consider, but is not 
limited to consideration of, the effect on commerce of such 
period of time, the locations of the various ports of entry 
into the United States, the various modes of transportation, 
the types of food imported into the United States, and any 
other such consideration. Nothing in the preceding sentence may 
be construed as a limitation on the obligation of the Secretary 
to receive, review, and appropriately respond to any notice 
under paragraph (1).
  (B)(i) If an article of food is being imported or offered for 
import into the United States and a notice under paragraph (1) 
is not provided in advance in accordance with the requirements 
under paragraph (1), such article shall be held at the port of 
entry for the article, and may not be delivered to the 
importer, owner, or consignee of the article, until such notice 
is submitted to the Secretary, and the Secretary examines the 
notice and determines that the notice is in accordance with the 
requirements under paragraph (1). Subsection (b) does not 
authorize the delivery of the article pursuant to the execution 
of a bond while the article is so held. The article shall be 
removed to a secure facility, as appropriate. During the period 
of time that such article is so held, the article shall not be 
transferred by any person from the port of entry into the 
United States for the article, or from the secure facility to 
which the article has been removed, as the case may be.
  (ii) In carrying out clause (i) with respect to an article of 
food, the Secretary shall determine whether there is in the 
possession of the Secretary any credible evidence or 
information indicating that such article presents a threat of 
serious adverse health consequences or death to humans or 
animals.
  (3)(A) This subsection may not be construed as limiting the 
authority of the Secretary to obtain information under any 
other provision of this Act.
  (B) This subsection may not be construed as authorizing the 
Secretary to impose any requirements with respect to a food to 
the extent that it is within the exclusive jurisdiction of the 
Secretary of Agriculture pursuant to the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products 
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products 
Inspection Act (21 U.S.C. 1031 et seq.).
  (n)(1) If a food has been refused admission under subsection 
(a), other than such a food that is required to be destroyed, 
the Secretary may require the owner or consignee of the food to 
affix to the container of the food a label that clearly and 
conspicuously bears the statement: ``UNITED STATES: REFUSED 
ENTRY''.
  (2) All expenses in connection with affixing a label under 
paragraph (1) shall be paid by the owner or consignee of the 
food involved, and in default of such payment, shall constitute 
a lien against future importations made by such owner or 
consignee.
  (3) A requirement under paragraph (1) remains in effect until 
the Secretary determines that the food involved has been 
brought into compliance with this Act.
  (o) If an article that is a device is being imported or 
offered for import into the United States, and the importer, 
owner, or consignee of such article does not, at the time of 
offering the article for import, submit to the Secretary a 
statement that identifies the registration under section 510(i) 
of each establishment that with respect to such article is 
required under such section to register with the Secretary, the 
article may be refused admission. If the article is refused 
admission for failure to submit such a statement, the article 
shall be held at the port of entry for the article, and may not 
be delivered to the importer, owner, or consignee of the 
article, until such a statement is submitted to the Secretary. 
Subsection (b) does not authorize the delivery of the article 
pursuant to the execution of a bond while the article is so 
held. The article shall be removed to a secure facility, as 
appropriate. During the period of time that such article is so 
held, the article shall not be transferred by any person from 
the port of entry into the United States for the article, or 
from the secure facility to which the article has been removed, 
as the case may be.
  (p)(1) Not later than 36 months after the date of enactment 
of the Family Smoking Prevention and Tobacco Control Act, and 
annually thereafter, the Secretary shall submit to the 
Committee on Health, Education, Labor, and Pensions of the 
Senate and the Committee on Energy and Commerce of the House of 
Representatives, a report regarding--
          (A) the nature, extent, and destination of United 
        States tobacco product exports that do not conform to 
        tobacco product standards established pursuant to this 
        Act;
          (B) the public health implications of such exports, 
        including any evidence of a negative public health 
        impact; and
          (C) recommendations or assessments of policy 
        alternatives available to Congress and the executive 
        branch to reduce any negative public health impact 
        caused by such exports.
  (2) The Secretary is authorized to establish appropriate 
information disclosure requirements to carry out this 
subsection.
  (q) Certifications Concerning Imported Foods.--
          (1) In general.--The Secretary may require, as a 
        condition of granting admission to an article of food 
        imported or offered for import into the United States, 
        that an entity described in paragraph (3) provide a 
        certification, or such other assurances as the 
        Secretary determines appropriate, that the article of 
        food complies with applicable requirements of this Act. 
        Such certification or assurances may be provided in the 
        form of shipment-specific certificates, a listing of 
        certified facilities that manufacture, process, pack, 
        or hold such food, or in such other form as the 
        Secretary may specify.
          (2) Factors to be considered in requiring 
        certification.--The Secretary shall base the 
        determination that an article of food is required to 
        have a certification described in paragraph (1) on the 
        risk of the food, including--
                  (A) known safety risks associated with the 
                food;
                  (B) known food safety risks associated with 
                the country, territory, or region of origin of 
                the food;
                  (C) a finding by the Secretary, supported by 
                scientific, risk-based evidence, that--
                          (i) the food safety programs, 
                        systems, and standards in the country, 
                        territory, or region of origin of the 
                        food are inadequate to ensure that the 
                        article of food is as safe as a similar 
                        article of food that is manufactured, 
                        processed, packed, or held in the 
                        United States in accordance with the 
                        requirements of this Act; and
                          (ii) the certification would assist 
                        the Secretary in determining whether to 
                        refuse or admit the article of food 
                        under subsection (a); and
                  (D) information submitted to the Secretary in 
                accordance with the process established in 
                paragraph (7).
          (3) Certifying entities.--For purposes of paragraph 
        (1), entities that shall provide the certification or 
        assurances described in such paragraph are--
                  (A) an agency or a representative of the 
                government of the country from which the 
                article of food at issue originated, as 
                designated by the Secretary; or
                  (B) such other persons or entities accredited 
                pursuant to section 808 to provide such 
                certification or assurance.
          (4) Renewal and refusal of certifications.--The 
        Secretary may--
                  (A) require that any certification or other 
                assurance provided by an entity specified in 
                paragraph (2) be renewed by such entity at such 
                times as the Secretary determines appropriate; 
                and
                  (B) refuse to accept any certification or 
                assurance if the Secretary determines that such 
                certification or assurance is not valid or 
                reliable.
          (5) Electronic submission.--The Secretary shall 
        provide for the electronic submission of certifications 
        under this subsection.
          (6) False statements.--Any statement or 
        representation made by an entity described in paragraph 
        (2) to the Secretary shall be subject to section 1001 
        of title 18, United States Code.
          (7) Assessment of food safety programs, systems, and 
        standards.--If the Secretary determines that the food 
        safety programs, systems, and standards in a foreign 
        region, country, or territory are inadequate to ensure 
        that an article of food is as safe as a similar article 
        of food that is manufactured, processed, packed, or 
        held in the United States in accordance with the 
        requirements of this Act, the Secretary shall, to the 
        extent practicable, identify such inadequacies and 
        establish a process by which the foreign region, 
        country, or territory may inform the Secretary of 
        improvements made to such food safety program, system, 
        or standard and demonstrate that those controls are 
        adequate to ensure that an article of food is as safe 
        as a similar article of food that is manufactured, 
        processed, packed, or held in the United States in 
        accordance with the requirements of this Act.
  (r)(1) The Secretary may require, pursuant to the regulations 
promulgated under paragraph (4)(A), as a condition of granting 
admission to a drug imported or offered for import into the 
United States, that the importer electronically submit 
information demonstrating that the drug complies with 
applicable requirements of this Act.
  (2) The information described under paragraph (1) may 
include--
          (A) information demonstrating the regulatory status 
        of the drug, such as the new drug application, 
        abbreviated new drug application, or investigational 
        new drug or drug master file number;
          (B) facility information, such as proof of 
        registration and the unique facility identifier;
          (C) indication of compliance with current good 
        manufacturing practice, testing results, certifications 
        relating to satisfactory inspections, and compliance 
        with the country of export regulations; and
          (D) any other information deemed necessary and 
        appropriate by the Secretary to assess compliance of 
        the article being offered for import.
  (3) Information requirements referred to in paragraph (2)(C) 
may, at the discretion of the Secretary, be satisfied--
          (A) through representation by a foreign government, 
        if an inspection is conducted by a foreign government 
        using standards and practices as determined appropriate 
        by the Secretary;
          (B) through representation by a foreign government or 
        an agency of a foreign government recognized under 
        section 809; or
          (C) other appropriate documentation or evidence as 
        described by the Secretary.
  (4)(A) Not later than 18 months after the date of enactment 
of the Food and Drug Administration Safety and Innovation Act, 
the Secretary shall adopt final regulations implementing this 
subsection. Such requirements shall be appropriate for the type 
of import, such as whether the drug is for import into the 
United States for use in preclinical research or in a clinical 
investigation under an investigational new drug exemption under 
505(i).
  (B) In promulgating the regulations under subparagraph (A), 
the Secretary--
          (i) may, as appropriate, take into account 
        differences among importers and types of imports, and, 
        based on the level of risk posed by the imported drug, 
        provide for expedited clearance for those importers 
        that volunteer to participate in partnership programs 
        for highly compliant companies and pass a review of 
        internal controls, including sourcing of foreign 
        manufacturing inputs, and plant inspections; and
          (ii) shall--
                  (I) issue a notice of proposed rulemaking 
                that includes the proposed regulation;
                  (II) provide a period of not less than 60 
                days for comments on the proposed regulation; 
                and
                  (III) publish the final regulation not less 
                than 30 days before the effective date of the 
                regulation.
  (C) Notwithstanding any other provision of law, the Secretary 
shall promulgate regulations implementing this subsection only 
as described in subparagraph (B).
  (s) Registration of Commercial Importers.--
          (1) Registration.--The Secretary shall require a 
        commercial importer of drugs--
                  (A) to be registered with the Secretary in a 
                form and manner specified by the Secretary; and
                  (B) subject to paragraph (4), to submit, at 
                the time of registration, a unique identifier 
                for the principal place of business for which 
                the importer is required to register under this 
                subsection.
          (2) Regulations.--
                  (A) In general.--The Secretary, in 
                consultation with the Secretary of Homeland 
                Security acting through U.S. Customs and Border 
                Protection, shall promulgate regulations to 
                establish good importer practices that specify 
                the measures an importer shall take to ensure 
                imported drugs are in compliance with the 
                requirements of this Act and the Public Health 
                Service Act.
                  (B) Procedure.--In promulgating a regulation 
                under subparagraph (A), the Secretary shall--
                          (i) issue a notice of proposed 
                        rulemaking that includes the proposed 
                        regulation;
                          (ii) provide a period of not less 
                        than 60 days for comments on the 
                        proposed regulation; and
                          (iii) publish the final regulation 
                        not less than 30 days before the 
                        regulation's effective date.
                  (C) Restrictions.--Notwithstanding any other 
                provision of Federal law, in implementing this 
                subsection, the Secretary shall only promulgate 
                regulations as described in subparagraph (B).
                  (D) Effective date.--In establishing the 
                effective date of the regulations under 
                subparagraph (A), the Secretary shall, in 
                consultation with the Secretary of Homeland 
                Security acting through U.S. Customs and Border 
                Protection, as determined appropriate by the 
                Secretary of Health and Human Services, provide 
                a reasonable period of time for an importer of 
                a drug to comply with good importer practices, 
                taking into account differences among importers 
                and types of imports, including based on the 
                level of risk posed by the imported product.
          (3) Discontinuance of registration.--The Secretary 
        shall discontinue the registration of any commercial 
        importer of drugs that fails to comply with the 
        regulations promulgated under this subsection.
          (4) Unique facility identifier.--The Secretary shall 
        specify the unique facility identifier system that 
        shall be used by registrants under paragraph (1). The 
        requirement to include a unique facility identifier in 
        a registration under paragraph (1) shall not apply 
        until the date that the identifier system is specified 
        by the Secretary under the preceding sentence.
          (5) Exemptions.--The Secretary, by notice in the 
        Federal Register, may establish exemptions from the 
        requirements of this subsection.
  (t) Single Source Pattern of Imported Illegal Drugs.--If the 
Secretary determines that a person subject to debarment as a 
result of engaging in a pattern of importing or offering for 
import controlled substances or drugs as described in section 
306(b)(3)(D), and such pattern is identified by the Secretary 
as being offered for import from the same manufacturer, 
distributor, or importer, the Secretary may by order determine 
all drugs being offered for import from such person as 
adulterated or misbranded, unless such person can provide 
evidence otherwise.
  (u) Illicit Articles Containing Active Pharmaceutical 
Ingredients.--
          (1) In general.--For purposes of this section, an 
        article that is being imported or offered for import 
        into the United States may be treated by the Secretary 
        as a drug if the article--
                  (A) is not--
                          (i) accompanied by an electronic 
                        import entry for such article submitted 
                        using an authorized electronic data 
                        interchange system; and
                          (ii) designated in such a system as 
                        an article regulated by the Secretary 
                        (which may include regulation as a 
                        drug, a device, a dietary supplement, 
                        or other product that is regulated 
                        under this Act); and
                  (B) is an ingredient that presents 
                significant public health concern and is, or 
                contains--
                          (i) an active ingredient in a drug--
                                  (I) that is approved under 
                                section 505 or licensed under 
                                section 351 of the Public 
                                Health Service Act; or
                                  (II) for which--
                                          (aa) an 
                                        investigational use 
                                        exemption has been 
                                        authorized under 
                                        section 505(i) of this 
                                        Act or section 351(a) 
                                        of the Public Health 
                                        Service Act; and
                                          (bb) a substantial 
                                        clinical investigation 
                                        has been instituted, 
                                        and such investigation 
                                        has been made public; 
                                        or
                          (ii) a substance that has a chemical 
                        structure that is substantially similar 
                        to the chemical structure of an active 
                        ingredient in a drug or biological 
                        product described in subclause (I) or 
                        (II) of clause (i).
          (2) Effect.--This subsection shall not be construed 
        to bear upon any determination of whether an article is 
        a drug within the meaning of section 201(g), other than 
        for the purposes described in paragraph (1).

           *       *       *       *       *       *       *




                             Minority Views

    We appreciate the collegial and collaborative efforts of 
Agriculture Subcommittee Chairman Sanford Bishop and the Full 
Committee Chairwoman Nita Lowey in producing this Agriculture 
appropriations bill that addresses critical priorities of 
Members on both sides of the aisle. We generally agree with the 
Majority on funding provided for many programs and initiatives 
in this bill. Unfortunately, due to concerns about 
governmentwide spending levels and a number of controversial 
policy provisions, we are unable to support the bill as written 
at this time.
    We are pleased that this bill continues the previous 
commitment made by Republicans to work with the private sector 
in rebuilding or building the economic vitality of rural 
America through a $4,214,000,000 investment in critical 
infrastructure and business programs at the U.S. Department of 
Agriculture (USDA). The Majority includes report language at 
our request to encourage the USDA to consider the broader 
social benefits when the Department seeks applications for over 
one billion dollars in broadband resources in this bill. We 
also appreciate the Majority's cooperation in setting aside a 
percentage of these rural broadband funds to those communities 
whose population exceeds the current population cap but are 
still ``rural in character''. We cannot allow these rural 
communities to be stuck in the digital divide and denied the 
basic communication utilities available to larger suburban or 
urban communities.
    We appreciate the Committee agreeing to include several 
provisions aimed at improving the safety and efficacy of the 
human drug supply, which is often sourced from outside of the 
United States. Our country has become acutely aware of our 
excessive dependency on the production of medical supplies in 
China and other foreign countries during the ongoing COVID-19 
pandemic. Until more Active Pharmaceutical Ingredients (API) 
and finished drug products are produced domestically, more must 
be done to ensure drugs are safe and effective.
    One of the greatest objections to this bill is that the 
Majority has created the illusion of billions of dollars being 
available to spend above the caps established in law by the 
Bipartisan Budget Act of 2019 (P.L. 116-37). The Committee must 
prioritize within these budget caps rather than artificially 
inflating spending by using a false budgeting device to free up 
funds for lower priorities. In addition to objections to 
overall spending levels, we have major policy differences. Many 
provisions will need to be dropped or modified before this bill 
can be signed into law.
    The first problematic provision deals with the Rainy River 
Watershed Withdrawal. Under normal circumstances, the Minority 
is in strong support of transparency in federal decision-
making. In this case, the document requirement appears 
excessive and unnecessary because USDA reportedly has already 
provided thousands of documents to Congress in response to 
requests on this topic.
    The second objectionable provision relates to the permanent 
nature of proposed reforms to the Supplemental Nutrition 
Assistance Program (SNAP). In March, Congress demonstrated 
bipartisan support for the Families First legislation (P.L. 
116-127), which included a suspension of additional work 
requirements during the high unemployment of the pandemic for 
certain SNAP recipients. Additionally, P .L. 116-127 included 
the maximum allotment of benefits to all households 
participating in SNAP during the ongoing public health 
emergency. These temporary measures were necessary at the time, 
but we must restore the program to normal operations and reform 
it for the future. Unfortunately, in this bill, the Majority 
has chosen to stop the Administration's proposed reforms of 
SNAP.
    Lastly, we believe the Majority's provision withdrawing 
line speed waivers during the COVID-19 emergency is 
unnecessary. The Majority's continued attack on this modernized 
inspection system and its link to COVID-19 is puzzling. The 
language in this bill gives the appearance of protecting worker 
safety, yet the bill language only affects an estimated 0.25 
percent of the meat and poultry inspection plants regulated in 
the United States.
    As the legislative process continues, we pledge to work 
with Chairman Bishop and Chairwoman Lewey to address the 
concerns described here. Working together, we can deliver on 
the needs of this Nation's farmers, ranchers, rural 
communities, the impoverished, patients, entrepreneurs, and 
consumers.
                                   Kay Granger.
                                   Jeff Fortenberry.