[House Report 118-124]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-124
======================================================================
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS BILL, 2024
_______
June 27, 2023.--Committed to the Committee of the Whole House on the
State of
the Union and ordered to be printed
_______
Mr. Harris, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4368]
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 2024.
CONTENTS
Page
Title I--Agricultural Programs................................... 3
Title II--Farm Production and Conservation Programs.............. 42
Title III--Rural Development Programs............................ 52
Title IV--Domestic Food Programs................................. 64
Title V--Foreign Assistance and Related Programs................. 70
Title VI--Related Agencies and Food and Drug Administration...... 72
Title VII--General Provisions.................................... 92
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 matters of importance to Americans every
day of the year.
The fiscal year 2024 allocation is $17,838,000,000, in
addition to $7,475,000,000 in reallocated funds, for a
discretionary spending total of $25,313,000,000. This is
$532,000,000 below the fiscal year 2023 enacted level and
$3,621,922,000 below the President's budget request for fiscal
year 2024.
The funding levels provided in this appropriations bill
continue to demonstrate how seriously this Committee takes its
responsibility to fund the highest priority programs and
activities while helping to address the nation's debt, deficit,
and economic challenges and rein in regulatory overreach at
USDA, FDA, and CFTC.
The Committee does not include funding to begin new
programs and, except where specifically noted, does not provide
additional funding for pay increases.
In this report, ``the Committees'' refers to the Committees
on Appropriations of the House of Representatives and the
Senate.
The Subcommittee held five hearings related to the agencies
it funds. Those hearings were:
USDA Inspector General--March 9, 2023
Member Day--March 23, 2023
The FY 2024 Budget Request for the
Commodity Futures Trading Commission--March 28, 2023
The FY 2024 Budget Request for the Food and
Drug Administration--March 29, 2023
The FY 2024 Budget Request for the
Department of Agriculture--March 30, 2023
Agroforestry Strategic Framework.--The Department created
an Agroforestry Framework in 2018 which provided a mechanism to
coordinate and facilitate wide scale adoption of agroforestry.
The framework is an opportunity to highlight Agroforestry
across the breadth of USDA's authorities, including but not
limited to the Natural Resource Conservation Service,
Agricultural Research Service, Forest Service, and the National
Agricultural Statistical Service. The framework expires in 2024
and as the Department begins to update the framework, the
Committee urges the Department to seek extensive external
stakeholder input and brief the committee on the status of the
framework.
Cybersecurity.--The Committee remains concerned about
continued cybersecurity threats and attacks on the nation's
food and agriculture sector. The Committee recognizes the
importance of strong cybersecurity in critical sectors like
agriculture and urges the Department to improve its
cybersecurity posture, including through collaboration with
appropriate Federal agencies to mitigate potential
cybersecurity threats.
Persistent Poverty Areas.--The Committee supports targeted
investments in impoverished areas. The Committee directs the
Department to develop and implement measures to increase the
share of investments in persistent poverty counties, distressed
communities, and other impoverished areas. The Committee
directs the Department to submit a report to the Committee that
includes the total amount of Federal investments targeted
toward such areas; a list of the programs under which the
amount of Federal investments to such areas were increased in
fiscal year 2024; the percent change in the amount of funds
that were targeted to such areas from fiscal year 2023; and to
the extent practicable, an assessment of the economic impact of
departmental programs in these areas.
Promoting U.S. Competitiveness in Biotechnology.--The
Committee acknowledges that the U.S. is a world leader in
agricultural biotechnology. As the world faces changing
rainfall patterns, increased input costs, and strains on the
global supply chains, agricultural biotechnology offers
solutions that can increase yields, reduce land and water use,
and improve crop resilience. The Committee urges USDA mission
areas, including the Foreign Agriculture Service and Rural
Development, to bolster U.S.-developed biotechnology through
their respective programs.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
2023 appropriation.................................... $65,067,000
2024 budget estimate.................................. 112,634,000
Provided in the bill.................................. 41,072,000
Comparison:
2023 appropriation.................................. -23,995,000
2024 budget estimate................................ -71,562,000
The following table reflects the amount provided by the
Committee for each office and activity:
[Dollars in thousands]
------------------------------------------------------------------------
Committee
FY 2023 FY 2024
enacted estimate provision
------------------------------------------------------------------------
Office of the Secretary.............. $7,432 $34,713 $5,051
Office of Homeland Security.......... 1,396 2,396 1,578
Office of Tribal Relations........... 5,190 6,533 2,215
Office of Partnerships and Public 9,280 10,357 7,044
Engagement..........................
Office of the Assistant Secretary for 1,706 1,742 875
Administration......................
Departmental Administration.......... 26,716 35,627 20,440
Office of the Assistant Secretary for 4,609 4,727 3,869
Congressional Relations and
Intergovernmental Affairs...........
Office of Communications............. 8,738 16,539 0
----------------------------------
Total, Office of the Secretary... 65,067 112,634 41,072
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Office of the Secretary, the Committee provides an
appropriation of $41,072,000.
Similar to prior years, the Committee does not include
direct funding for activities that are currently funded through
other resources, such as the Working Capital Fund, or that have
historically been funded through other means.
California Storms and Flooding.--The Committee is aware of
the recent historic storms in the State of California. The
Committee is concerned about the impact flooding from these
storms is currently having on productive farmland in the State.
While damage is still being assessed and its ultimate extent is
not yet known, it appears damage to farmland and crops could be
extensive. Furthermore, the Committee notes that the National
Oceanic and Atmospheric Administration (NOAA) predicts an
increased threat of additional flooding in the spring due to
snowmelt from the Sierra Nevada snowpack that will likely be
exacerbated by already elevated soil moisture levels.
Accordingly, the Committee directs the Secretary to
expeditiously exercise, to the fullest extent, all disaster
response and assistance authorities provided under the law to
assist agricultural producers in the State of California
adversely impacted by recent flooding and to ensure that,
should additional flooding occur later this year, the
Department is prepared to respond efficiently and quickly to
assist agricultural producers who are adversely impacted.
Commodity Credit Corporation (CCC) Report.--The Committee
directs the Secretary to provide a report on November 15, 2023,
and May 15, 2024, on planned uses of funding under the
authorities of Section 4 and Section 11 of the CCC Charter Act.
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 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.
Communications Services.--The Committee urges the
Department to establish uniform communication practices across
all mission areas utilizing local digital, television, and
radio advertising. The Committee further directs the Department
and agencies funded by this Act with annual advertising budgets
to submit a report within 30 days of enactment of this Act on
expenditures related to local media advertising, including
expenditures on local digital, television, and radio
advertising.
Construction Management.--The Committee intends to provide
local governments and local utilities with the necessary tools
to maximize Federal investments and encourages USDA to allow
local governments and units of local governments to utilize
Construction Management services in addition to traditional
design-build services within all USDA-funded construction and
infrastructure projects. Construction Management services
provide a level of construction management expertise and
experience that many rural communities and governmental units
lack and can ensure a more efficient and cost-effective project
execution during the construction process.
Contracting and Procurement.--The Committee believes that,
as one of the largest contractors in the United States, USDA
should work to ensure fair access to its contracts for small
businesses. Accordingly, the Committee urges each agency and
office with a procurement function to increase awareness of
technical assistance and strategic planning grants available
for small businesses.
Customer Service.--The Committee continues to support the
Department's efforts to improve customer service. The Committee
directs the Secretary to develop standards to improve customer
service, incorporate the standards into the performance plans
required under 31 U.S.C. 1115, and submit a report on these
efforts within 60 days of enactment of this Act.
Explanatory Notes.--The Committee appreciates the
Department's work to restore the Explanatory Notes to the same
format as they had been presented in prior to fiscal year 2021
and directs that this format be maintained for fiscal year 2025
and beyond.
Farmworkers.--Strong working conditions for our farmworkers
are critical to the resiliency of the food and agricultural
supply chain. The Committee is supportive of USDA's efforts to
improve working conditions for women farmworkers who are
vulnerable to exploitation in the workplace. The Committee
requests the Department to conduct a study to understand the
work conditions and challenges faced by women farmworkers and
to develop recommendations on how the Department can promote
improvements through its programs and pilots. A report shall be
submitted to the Committee on these efforts within 60 days of
enactment of this Act.
Food Waste Consumer Education.--The Committee recommends
that USDA enter into public-private partnerships to provide
consumer-facing outreach on food loss and waste and prevention
strategies.
Grain Terminals.--The Committee notes the ongoing contract
negotiations between West Coast grain terminal operators and
the union and recognizes the importance of reaching an
agreement that works for both parties. 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 a favorable outcome.
Highly Pathogenic Avian Influenza (HPAI).--The Committee is
concerned by the ongoing outbreak of HPAI that has resulted in
the loss of over 58 million birds and the correlation to
increased egg prices. The Committee recognizes and is sensitive
to the effects a voluntary vaccine may have on international
trade relationships. However, the Committee is also aware that
USDA has used vaccines against low pathogenic avian influenza
and that the Southeast Poultry Research Laboratory has
conducted substantial research in the development of a vaccine,
including a candidate vaccine seed strain for an inactivated
vaccine. The Committee directs USDA to report on the status of
vaccine development and engage with other relevant agencies to
develop a comprehensive HPAI strategy that includes a voluntary
vaccine for laying hens and turkeys only, mitigates concerns of
international trade partners, and is in line with applicable
international standards and agreements.
Improved Customer Service.--Pursuant to the Office of
Management and Budget (OMB) Memorandum on ``Measuring,
Monitoring, and Improving Organizational Health and
Organization Performance in the Context of Evolving Agency Work
Environments'' (M-23-15) published on April 13, 2023, the
Committee directs the Department to increase USDA in-person
presence at both USDA headquarters offices located in the
National Capital Region and in USDA regional, State, and county
offices in order to provide improved customer service.
Improving Tribal Consultation.--The Committee encourages
the Office of Tribal Relations and the Office of Budget and
Program Analysis (OBPA) to establish a regular tribal
consultation process when formulating budget requests and
multi-year program reauthorizations that have budgetary
impacts.
Intermediate Crops.--The Committee is aware of a burgeoning
industry of nonfood crops, such as camelina, that can be grown
on existing farmland between primary crops to produce feedstock
for renewable biofuels and chemicals. These intermediate crops
offer similar environmental benefits to cover crops and
represent a new source of additive income for agricultural
producers. The Committee encourages USDA to consider
opportunities to utilize existing programs and resources to
support intermediate crop production in the United States.
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.
Multiagency Broadband Program Study.--The Committee directs
the Government Accountability Office (GAO) to conduct a study
of all federal broadband connectivity programs funded in the
previous five fiscal years, including through emergency
supplemental appropriations and the Infrastructure Investment
and Jobs Act (P.L. 117-58), in order to evaluate each program's
efficacy rates in providing internet access to underserved and
not-yet-served communities. Such study shall identify the total
amount of federal broadband funding appropriated, the number of
grants awarded, the average award size, and the specific
geographic location of grant awards for each program and
evaluate the effectiveness of each broadband program in
providing internet access to individuals in communities that
were below rates of 25/3 Mbps prior to relevant grant awards.
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 continues
requirements under current law relating to NFC payroll and
shared services operations, missions, personnel, and functions.
The Committee also directs 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.
New Initiatives.--The Committee directs USDA, no later than
120 days after enactment, to submit an execution plan 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 fiscal year 2023 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, 2023, accompanying Committee reports, explanatory
statements, and budget justifications. The Committee notes that
the most specific level of budget items in USDA budget
justifications is not limited to tables titled ``Project
Statement''.
PFAS.--The Committee notes that there are previously
provided funds related to polyfluoroalkyl substances (PFAS)
which remain available. The Committee remains concerned that
there are significant knowledge gaps related to PFAS and its
impact on agriculture. Therefore, the Committee awaits a plan
from USDA and will continue to monitor PFAS.
Resilient Building Materials.--With increases in weather-
related and other natural disasters, there is a clear need to
increase resilience of the nation's buildings and
infrastructure. Mass timber and other innovative wood products,
when appropriately used in the construction of buildings and
other infrastructure, have been shown to withstand wind,
seismic, and other natural forces with robust results. The
Committee acknowledges the need to include these products in
any categorization of products considered to be resilient by
USDA and other Federal agencies. The Committee, therefore,
encourages USDA to support programs that include the use of
wood products to improve the nation's ability to withstand and
recover from weather-related and other natural events.
Rural Healthcare.--The Committee is encouraged by the
opportunities to address nutrition security and rural
healthcare across the Department and urges the Department to
integrate strategic outcomes from recent summits across Rural
Development, Food and Nutrition Services, Agricultural
Marketing Service to provide technical assistance and guidance
with respect to these outcomes to the Department's outreach,
extension, and county offices, particularly in communities that
lack application experience or healthcare facilities.
Simplified USDA Applications.--USDA customers are
overburdened with complex program applications, contracts, and
reporting. The Committee requests a report from USDA describing
the barriers to simplifying program applications, contracts,
and reporting. The report should also include any plans USDA
has to simplify these documents and procedures.
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. The Committee requests that
USDA spending plans include for each program, project, or
activity: (1) a comparison between the 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 2025 Congressional
Justification, as a single exhibit, a table listing all
deliverables, with a column for due dates if applicable. OBPA
is directed to provide updates on the status of House and
Senate reports upon request from the Committees.
Underserved Producers Program.--The Committee is concerned
about the Department's reckless implementation of Section 22007
of the Inflation Reduction Act through nongovernmental entities
who undergo no formal application process to aid farmers,
ranchers, and foresters who have experienced discrimination in
FSA lending programs. The Committee notes that the precursor to
this provision, Section 1005 of the American Rescue Plan Act,
which provided loan forgiveness for socially disadvantaged
farmers and ranchers, was struck down in court on equal
protection grounds. The Committee reminds the Department that
U.S. courts have held that significant participation by the
Federal government in nongovernmental entities'
unconstitutional actions may be a violation of the Fourteenth
Amendment. As the Department provides nongovernmental entities
with entirely Federal funds, the Committee will closely monitor
the Department's use and involvement in the administration of
the Section 22007 funds.
USDA Domestic and International Commodity Procurement
Review.--The COVID-19 pandemic and resulting supply chain
disruptions revealed fragilities in America's food supply, to
the detriment of farmers, producers, and consumers across
America. The Committee directs AMS and ERS to review USDA's
application and enrollment procedures, required commodity
quality, best and most available commodities for purchase
regionally, and outreach practices to small and local farmers
for all available domestic and international USDA procurement
programs. This will help increase understanding of programs and
purchasing to elevate fair participation of America's small and
local farmers. Within 180 days of enactment of this Act, AMS
and ERS shall report back on their findings and efforts on
improving small and local farmer procurement for relevant USDA
programs.
USDA Farm Delivery Systems Modernization.--The Committee
includes language that requires the Secretary to submit a plan
to accelerate the implementation and use of the Farmers.gov
application and the Enterprise Data Analytics Platform and
Toolset (EDAPT). The Committee is aware that despite continued
direction and funding provided by Congress, the Farm Service
Agency, the Farm Production and Conservation Business Center,
and the Office of the Chief Information Officer continue to
maintain numerous legacy mission support systems that should be
decommissioned and transitioned to applications that are
interoperable, facts-based, data driven, and provide excellent
customer service.
USDA Hiring Practices.--The Committee includes language
directing the Secretary to focus hiring efforts on USDA field
offices to fulfill USDA's central mission and best serve the
nation's farmers, ranchers, and rural communities.
USDA Office of Communications.--The Committee is
disappointed in the Secretary's misuse of appropriations
provided for the Office of Communications on April 26, 2023 to
publish partisan materials intended to undermine the
Congressional process. This was a direct violation of Section
735 of Division A and Section 715 of Division E of P.L. 117-
328. Therefore, the Committee provides no funding for the
Secretary's Office of Communications. This does not affect USDA
mission areas' ability to communicate with participants
regarding programs or release news or updates on new or
existing programs.
USDA Office of Homeland Security.--The Committee provides
$225,000 for the Office of Homeland Security to fulfill its co-
Sector Risk Management Agency (SRMA) responsibilities. As
demonstrated by recent ransomware attacks, cybersecurity
threats to the food and agriculture sector have far-reaching
and highly disruptive effects. SRMA is responsible for
coordinating efforts across the food and agriculture sector to
address and mitigate these threats.
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
2023 appropriation.................................... $28,181,000
2024 budget estimate.................................. 35,597,000
Provided in the bill.................................. 29,181,000
Comparison:
2023 appropriation.................................. +1,000,000
2024 budget estimate................................ -6,416,000
COMMITTEE PROVISIONS
For the Office of the Chief Economist, the Committee
provides an appropriation of $29,181,000, including $500,000
for the food loss coordinator position, and $3,400,000 for the
Office of Pest Management Policy.
Policy Research.--The Committee provides $8,000,000 for
policy research under 7 U.S.C. 3155 for entities with existing
institutional capacity to conduct complex economic and policy
analysis and which have a lengthy and well-documented record of
conducting policy analysis for the benefit of USDA, the
Congressional Budget Office, or Congress. Of the amounts
provided for policy research activities, $3,000,000 is provided
for the Department to focus on entities that have developed
models, databases, and staff necessary to conduct in-depth
analysis of the impacts of agriculture or rural development
policy proposals on rural communities, farmers, agribusiness,
taxpayers, and consumers. The Committee encourages the
Department to fund regional and State-level baseline
projections in addition to currently available national and
international outlooks.
OFFICE OF HEARINGS AND APPEALS
2023 appropriation.................................... $16,703,000
2024 budget estimate.................................. 17,494,000
Provided in the bill.................................. 16,173,000
Comparison:
2023 appropriation.................................. -530,000
2024 budget estimate................................ -1,321,000
COMMITTEE PROVISIONS
For the Office of Hearings and Appeals, the Committee
provides an appropriation of $16,173,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
2023 appropriation.................................... $14,967,000
2024 budget estimate.................................. 21,135,000
Provided in the bill.................................. 11,337,000
Comparison:
2023 appropriation.................................. -3,630,000
2024 budget estimate................................ -9,798,000
COMMITTEE PROVISIONS
For the Office of Budget and Program Analysis, the
Committee provides an appropriation of $11,337,000.
Office of the Chief Information Officer
2023 appropriation.................................... $92,284,000
2024 budget estimate.................................. 95,061,000
Provided in the bill.................................. 79,442,000
Comparison:
2023 appropriation.................................. -12,842,000
2024 budget estimate................................ -15,619,000
COMMITTEE PROVISIONS
For the Office of the Chief Information Officer, the
Committee provides an appropriation of $79,442,000.
Cloud Center of Excellence.--The Committee directs the
Chief Information Officer to establish a Cloud Center of
Excellence (CCOE) within the Department that is composed of
current IT leaders from each mission area. The purpose of CCOE
is to foster cloud-enabled IT and business transformation
through a cross-functional and cross-organizational group of
decision-makers. The CCOE will set cloud policy, guide provider
selection, and assist with solution architecture and workload
placement to improve outcomes and manage risks across the
Department. The CCOE will also establish best practices of
cloud leadership and digital culture insights to accelerate the
Department's use of cloud technology.
Digital Infrastructure Service Center (DISC).--The
Committee strongly supports the 2022 Information Technology
Operating Plan developed by the Federal Chief Information
Officer (FCIO), OMB, and the General Services Administration
(GSA) as required by the Fiscal Year 2022 Consolidated
Appropriations Act (P.L. 117-103). However, the Committee is
concerned that existing Federal programs and assets, such as
DISC, have not been incorporated or considered in the plan to
address four key priorities, including cybersecurity, IT
modernization, digital-first customer experience, and data as a
strategic asset. The Committee directs the Secretary to
coordinate with FCIO and OMB on the utilization of DISC data
centers and services across the whole of government agencies
that do not currently use DISC services. Accordingly, within 90
days of enactment of this Act, the Committee directs the
Secretary to report on efforts to incorporate the utilization
of DISC in IT Operational Plans and efforts to inform agency
Chief Information Officers of opportunities to leverage DISC
service offerings.
Service Delivery Modernization.--The Committee encourages
the Chief Information Officer's Service Delivery Modernization
effort, which is being carried out pursuant to the CIO's
strategic plan, consistent with the National Cybersecurity
Strategy, Executive Order 14058, Executive Order 14028, the
Federal Information Security Management Act, and the Federal
Information Technology Acquisition Reform Act.
Office of the Chief Financial Officer
2023 appropriation.................................... $7,367,000
2024 budget estimate.................................. 9,108,000
Provided in the bill.................................. 7,118,000
Comparison:
2023 appropriation.................................. -249,000
2024 budget estimate................................ -1,990,000
COMMITTEE PROVISIONS
For the Office of the Chief Financial Officer, the
Committee provides an appropriation of $7,118,000.
Office of the Assistant Secretary for Civil Rights
2023 appropriation.................................... $1,466,000
2024 budget estimate.................................. 1,486,000
Provided in the bill.................................. 901,000
Comparison:
2023 appropriation.................................. -565,000
2024 budget estimate................................ -585,000
COMMITTEE PROVISIONS
For the Office of the Assistant Secretary for Civil Rights,
the Committee provides an appropriation of $901,000.
Office of Civil Rights
2023 appropriation.................................... $37,595,000
2024 budget estimate.................................. 38,617,000
Provided in the bill.................................. 22,789,000
Comparison:
2023 appropriation.................................. -14,806,000
2024 budget estimate................................ -15,828,000
COMMITTEE PROVISIONS
For the Office of Civil Rights, the Committee provides an
appropriation of $22,789,000.
Office of Safety, Security, and Protection
2023 appropriation.................................... $21,800,000
2024 budget estimate.................................. 22,020,000
Provided in the bill.................................. 18,800,000
Comparison:
2023 appropriation.................................. -3,000,000
2024 budget estimate................................ -3,220,000
COMMITTEE PROVISIONS
For the Office of Safety, Security, and Protection, the
Committee provides an appropriation of $18,800,000.
The Committee does not include direct funding for
activities currently funded through other resources such as the
Working Capital Fund or have historically been funded through
other means.
Office of Inspector General
2023 appropriation.................................... $111,561,000
2024 budget estimate.................................. 125,893,000
Provided in the bill.................................. 109,561,000
Comparison:
2023 appropriation.................................. -2,000,000
2024 budget estimate................................ -16,332,000
COMMITTEE PROVISIONS
For the Office of Inspector General (OIG), the Committee
provides an appropriation of $109,561,000.
Animal fighting.--The Committee is concerned about illegal
animal fighting activity that subjects animals to cruel
conditions and has the potential to spread illnesses such as
virulent Newcastle disease and avian flu. OIG is encouraged to
increase its efforts to combat this illegal activity and to
investigate animal fighting as soon as there is any evidence of
such illegal activity.
Child Labor.--The Committee does not condone illegal child
labor. OIG is encouraged to audit and investigate USDA's role
in improving compliance with child labor provisions under the
Fair Labor Standards Act.
Office of the General Counsel
2023 appropriation.................................... $60,537,000
2024 budget estimate.................................. 65,646,000
Provided in the bill.................................. 44,408,000
Comparison:
2023 appropriation.................................. -16,129,000
2024 budget estimate................................ -21,238,000
COMMITTEE PROVISIONS
For the Office of the General Counsel, the Committee
provides an appropriation of $44,408,000.
Office of Ethics
2023 appropriation.................................... $5,556,000
2024 budget estimate.................................. 6,958,000
Provided in the bill.................................. 4,277,000
Comparison:
2023 appropriation.................................. -1,279,000
2024 budget estimate................................ -2,681,000
COMMITTEE PROVISIONS
For the Office of Ethics, the Committee provides an
appropriation of $4,277,000.
Office of the Under Secretary for Research, Education, and Economics
2023 appropriation.................................... $2,384,000
2024 budget estimate.................................. 7,924,000
Provided in the bill.................................. 1,800,000
Comparison:
2023 appropriation.................................. -584,000
2024 budget estimate................................ -6,124,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Research,
Education, and Economics, the Committee provides an
appropriation of $1,800,000.
1862, 1890, and 1994 Land-Grant Institutions.--The
Committee directs USDA to make every effort to strengthen
partnerships and expand cooperation between 1862, 1890, and
1994 land-grant institutions, wherever regionally appropriate,
to help close gaps in extension and leverage joint
collaborative efforts.
1890 Capacity Building.--The Committee recognizes the
importance of the 1890s in providing technical assistance and
outreach to underserved farming populations and directs ARS and
NIFA to collaborate with agencies in the Rural Development and
Farm Production and Conservation Mission Areas to help increase
awareness of USDA farm programs and rural development funding
opportunities through 1890 extension programs.
Agriculture Advanced Research and Development Authority
(AGARDA).--The Committee provides $1,000,000 to continue
implementing AGARDA.
Food Prescriptions.--The Committee encourages USDA to work
with local farmers, hospitals, and clinics to build or improve
upon food prescription programs to better facilitate a
patient's ability to attain a food prescription and fill it
with a local farmer.
Handheld Diagnostic Platform.--The Committee remains
concerned about the impact of infectious diseases on livestock
and poultry and recognizes that, to date, there has not been a
diagnostic tool developed that would rapidly and accurately
test for multiple pathogens at a single point of care, allowing
farmers and producers to rapidly respond to existing and
emerging farm-based pathogenic threats. Therefore, the
Committee directs the Secretary to accelerate the development
of a handheld diagnostic platform to identify farm-based
pathogens rapidly and accurately, giving priority to platforms
which have highly multiplexed capabilities.
Regenerative Soil Agriculture Plan.--The Committee
acknowledges the critical impact that regenerative soil
policies can have in helping rebuild the soil health of
agricultural lands. The Committee encourages USDA to develop a
strategic plan for leveraging the various USDA research
entities for a unified research and development mission. USDA
shall brief the Committee on its efforts to coordinate the soil
health agendas of ARS, NIFA, and NRCS to ensure USDA is
developing long-term priorities that will invest in soil health
and the microbiome as the engine for above-ground resilience,
soil carbon storage, and increased productivity.
Sensor Technologies.--The Committee encourages ARS and NIFA
to work cooperatively with land-grant universities, non-profit
institutions, and consortia to conduct research on advanced
sensor manufacturing techniques and to develop techniques for
the manufacture of a variety of agricultural sensor products.
Economic Research Service
2023 appropriation.................................... $92,612,000
2024 budget estimate.................................. 98,453,000
Provided in the bill.................................. 90,612,000
Comparison:
2023 appropriation.................................. -2,000,000
2024 budget estimate................................ -7,841,000
COMMITTEE PROVISIONS
For the Economic Research Service (ERS), the Committee
provides an appropriation of $90,612,000.
Agricultural Trade Imports.--The Committee directs ERS to
study and report back within 120 days of enactment its findings
on the top 15 nations, within the last five years, from which
the U.S. imports agriculture products. The report shall also
include the average wages for farmworkers in those countries
and a comparison, if possible, of health benefits, safety
regulations, and working conditions of their farm labor per
commodity to those found in the U.S.
Agroforestry Data.--The Committee encourages ERS, in
coordination with the National Agroforestry Center and AMS, to
conduct an analysis of the economic opportunities and
challenges faced by widespread adoption of a variety of
agroforestry practices. This analysis should evaluate
challenges to widespread agroforestry adoption given the
multiyear maturation period for agroforestry systems, including
for land insecure and small farmers.
Innovative Food and Agriculture Technologies.--The
Committee directs ERS to research and analyze the need for and
benefits of USDA providing public financing to support new or
significantly improved food and agricultural technologies, such
as large-scale bio-fermentation facilities.
Supply Chain Resiliency.--The Committee is concerned about
the rising cost of manufactured inputs to farms and the impact
on farm profitability and the rest of the economy. The
Committee encourages USDA to review the performance of
industries and markets for manufactured inputs which have seen
significant increases in prices and to assess options for
improving input supply chain performance and resiliency in
these domestic markets.
WIC Retailers.--The Committee recognizes discrepancies in
geographic coverage rates of eligible participants between SNAP
and WIC. The Committee directs ERS provide a report within 180
days of enactment that evaluates actionable avenues for
improving retailer participation in the WIC program, including
the feasibility of establishing a Federal baseline assortment
of goods approved for retail participation nationwide without
interfering with individual States' roles in administering the
WIC program or restricting such States' ability to allow
additional product specifications for eligibility within a
State's particular assortment.
National Agricultural Statistics Service
2023 appropriation.................................... $211,076,000
2024 budget estimate.................................. 241,119,000
Provided in the bill.................................. 187,513,000
Comparison:
2023 appropriation.................................. -23,563,000
2024 budget estimate................................ -53,606,000
COMMITTEE PROVISIONS
For the National Agricultural Statistics Service (NASS),
the Committee provides an appropriation of $187,513,000, of
which $46,850,000 is for the Census of Agriculture.
The Committee expects NASS to continue its ongoing
activities at the frequency levels assumed in fiscal year 2023,
including 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.
District Estimates.--The Committee directs NASS to continue
to work with stakeholders to better understand how to capture
supplemental information for certain crops to help offset data
losses from the discontinuation of agricultural statistics
district level estimates.
Farming With Trees Survey.--The Committee is encouraged by
the important ongoing agroforestry analysis that NASS is
conducting. NASS shall brief the Committee on the survey
results and any conclusions on scope and shall indicate its
plans to make that survey data widely available.
Fur Farms.--The Committee is concerned about the mounting
evidence that fur farms are potential vectors for zoonotic
diseases, including the SARS-CoV-2 virus and avian influenza,
and the lack of directives from USDA to mitigate disease
transmission to, from, and within such farms. The Committee is
also concerned that NASS is not making publicly available farm
data that is vital to understand the potential risks that fur
farms pose to public health and to inform policy decisions. The
Committee urges NASS to make public the data collected in its
annual mink survey.
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 survey to evaluate
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.
Vineyard and Orchard Acreage Study.--The Committee
encourages NASS to reinstate the 5-year Vineyard and Orchard
Acreage Study and resume data collection and reporting so
grape, wine, and juice producers can remain competitive and
respond to challenges in the industry.
Agricultural Research Service
SALARIES AND EXPENSES
2023 appropriation.................................... $1,744,279,000
2024 budget estimate.................................. 1,938,303,000
Provided in the bill.................................. 1,745,542,000
Comparison:
2023 appropriation.................................. +1,263,000
2024 budget estimate................................ -192,761,000
For Salaries and Expenses of the Agricultural Research
Service (ARS), the Committee provides an appropriation of
$1,745,542,000.
The Committee expects that extramural and intramural
research will be funded at no less than the fiscal year 2023
levels, unless otherwise specified. The Committee rejects the
research program terminations proposed in the fiscal year 2024
budget request.
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 expand coordination of research efforts with 1890s, wherever
ARS facilities and 1890s are in the same region, to the
greatest extent possible. The Committee notes the longstanding
partnerships that exist where 1862s and ARS facilities are in
the same area. In addition, the Committee recommends ARS hold
research workshops, establish cross-institutional faculty
mentorships, and invest in leadership and capacity-building
efforts for 1890s.
6p-phenylene-diamine (6PPD).--The Committee is aware that
6PPD prevents tire rubber cracking and deterioration, ensuring
tire performance, durability, and safety standards are achieved
for the life of the tire. Without 6PPD, tires are prone to
catastrophic failure, weakened performance and safety, and
shorter lifespans. While the Committee is encouraged by
emerging approaches to reduce any potential impacts of 6PPD-
quinone, such as stormwater treatment techniques using
retention ponds to address runoff from highways, the Committee
also recognizes the immediate need to research and develop
viable alternatives that do not pose an environmental risk or
compromise vehicle safety and tire performance. The Committee
includes $1,000,000 to develop, assess, and analyze potential
6PPD alternatives.
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 Committee urges ARS to prioritize research
focused on optimizing aerial spray technologies for on-target
deposition and drift mitigation and to work cooperatively with
the Environmental Protection Agency to update their pesticide
review methodology.
Aflatoxin Research.--The Committee recognizes the
increasing economic and food safety threat that aflatoxin poses
to corn and other affected agricultural crops and products. The
Committee encourages ARS to expand research into methods of
mitigating the risk of aflatoxin, particularly regarding
responsive agriculture, human nutrition, and food safety. The
Committee provides an increase of $1,000,000 to support these
efforts.
Alfalfa Research.--The Committee recommendation includes no
less than the fiscal year 2023 level to support research
focused on alfalfa improvement.
Alternative Protein Research.--The Committee supports
research focused on alternative proteins, including the
characteristics of animal meat using plants, animal cell
cultivation, and fermentation. The Committee provides no less
than the fiscal year 2023 level to support alternative protein
research encompassing all stages of the production process,
including optimizing ingredient processing techniques and
developing new manufacturing methods. The Committee encourages
ARS to collaborate with other relevant programs, including but
not limited to NIFA and the National Science Foundation.
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.
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.
Axis Deer.--The Committee is concerned about the impact of
axis deer and other ungulates on native forests and encourages
ARS to coordinate with NIFA and APHIS to develop strategies to
mitigate their impact on native forests.
Barley Pest Initiative.--The Committee recognizes that
insects and viral, bacterial, and fungal diseases inflict
substantial yield and quality losses to the barley crop
throughout the U.S., resulting in significant economic losses
to growers and end-users. The Committee includes an increase of
$1,000,000 to support research through the Barley Pest
Initiative to address these major threats to sustainable and
profitable barley production and utilization.
Binational Agricultural Research and Development (BARD).--
The Committee provides an increase of $1,000,000 to support
BARD's historical grant-making functions and to expand
programming for food and nutrition, technology acceleration,
and artificial intelligence.
Catfish Aquaculture.--The Committee provides an increase of
$1,000,000 to support improved efficiency in catfish
aquaculture, including catfish reproduction sciences and
hatchery technology to increase catfish farming production
rates.
Child Nutrition Research.--The Committee includes an
increase of $500,000 to expand research regarding the growth,
health promotion, microbiome, disease prevention, diet, and
immune function of the developing child, especially the rural
child.
Citrus Breeding.--The Committee includes an increase of
$1,000,000 for citrus breeding research to develop and evaluate
high-quality, superior citrus selections for use in citrus
producing regions and to evaluate rootstock and scion materials
where citrus is commercially grown for the fresh fruit market.
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 Leaf Rust.--The Committee provides no less than the
fiscal year 2023 level to support coffee plant health research.
Controlled Environment Agriculture Energy Costs.--The
Committee encourages ARS to conduct joint research in
collaboration with the Department of Energy on controlled
environment agriculture to optimize resource use, especially
energy use, while maintaining food safety and quality and to
develop technologies to advance agricultural communities and
domestic manufacturing.
Cranberry Research.--The Committee provides an increase of
$500,000 for cranberry research.
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 improve water and soil
quality in and around impaired water resources through advanced
environmental imaging and agricultural waste management
technologies.
Floriculture and Nursery Research Initiative (FNRI).--The
Committee provides no less than the fiscal year 2023 level to
support the goals of the FNRI to secure a more efficient and
productive floriculture and nursery industry. The Committee
also encourages ARS to work collaboratively with NIFA on
research that includes breeding programs to increase tolerance
from insect pests, diseases, and other environmental impacts;
testing of new organic and non-organic pesticides; implementing
integrated pest management and biological control programs; and
innovations in unmanned aerial systems.
Food Safety and Food Defense Research.--The Committee
supports research in food safety to enhance food defense and
security and encourages ARS to develop new technologies and
capabilities in food safety that will reduce and eliminate
threats to the food and agriculture supply chain.
Forest Products Research.--The Committee supports research
on wood quality improvement and improvement in forest products
evaluation standards and valuation techniques.
Fumigant Alternatives Research.--The Committee encourages
ARS to collaborate with NIFA and industry stakeholders to
develop innovative soilborne pest control and eradication
commercial-scale tools to replace fumigants, such as methyl
bromide, metam sodium, metam potassium, and 1,3-
dichloropropene, as well as non-chemical soil pest control
methods. The Committee provides an increase of $1,000,000 to
support these research goals.
Genetic Oat Research.--The Committee recognizes the
potential of genetic oat research to improve disease
resistance, especially rusts and viruses, advance 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 provides an increase
of $500,000 for ARS to expand existing research focused on oat
improvement.
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.
Hawaii and U.S. Territories.--The Committee requests a
report with 180 days of enactment on USDA's efforts to assist
Hawaii, Puerto Rico, the U.S. Virgin Islands, and the U.S.
Pacific Territories in establishing sustainable food production
systems and controlling and managing invasive species.
Herbicide Resistance Research.--The Committee provides no
less than the fiscal year 2023 level to identify and overcome
herbicide resistant associated weed risks to the crop
production pathway.
High-Resolution Data Analysis.--The Committee recognizes
the tremendous value that daily high-resolution thermal data
provides to our national agriculture producers. The Committee
notes that cutting-edge commercially available solutions can
improve resolution and accuracy needed for precision
agriculture, crop yield forecasting, and irrigation solutions.
The Committee provides an increase of $500,000 for ARS to use
commercially available daily high-resolution thermal data
analysis solutions to supplement its research.
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.
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 recognizes the vital role that research
at the intersection of human nutrition and aging plays in our
understanding of public health and encourages ARS to expand
research regarding life stage nutrition and metabolism. The
Committee provides no less than the fiscal year 2023 funding
level for existing human nutrition centers.
Indo-Pacific Invasive Pests.--The Committee encourages ARS
to continue its work with stakeholders in the Indo-Pacific
region to assess options for combatting invasive pests and
report its findings to the Committee.
Innovative Greenhouse Research.--The Committee provides an
increase of $1,000,000 for ARS engineering research units and
academic institutions working on greenhouse production research
on carbon capture.
Little Cherry Disease.--The Committee provides no less than
the fiscal year 2023 level to support research on little cherry
disease.
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 research to determine the
role of domestic sheep in causing die-offs of bighorn sheep
from respiratory disease and to develop methods to reduce
transmission and enhance immunity in domestic and bighorn
sheep.
Long-Term Agroecosystem Research (LTAR) Network.--The
Committee provides an increase of $1,000,000 to improve
agricultural sustainability, develop technology and solutions
that increase efficient use of soil and water resources, and
enhance forage and crop production through the LTAR network.
Macadamia Tree Health Initiative.--The Committee provides
no less than the fiscal year 2023 level to support
implementation of the Macadamia Tree Health Initiative.
National Agricultural Library (NAL).--The Committee
encourages ARS to maintain a focus on agriculture-related legal
issues within NAL. The Committee notes that as the agriculture
sector faces financial stress, agriculture-related legal issues
need to be addressed on an increasingly frequent basis.
Further, agriculture-related legal issues are complex. The
Committee provides an increase of $1,000,000 and recommends
that NAL continue to play an important role in assisting all
stakeholders with understanding these agriculture-related legal
issues. Further, the Committee encourages ARS and NAL to engage
in multi-year cooperative agreements to enhance NAL's ongoing
work.
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 improve public access to 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.
Navel Orangeworm (NOW).--The Committee encourages ARS to
collaborate with APHIS and industry stakeholders on the APHIS
NOW sterile moth pilot program to help reduce NOW moth
populations. The Committee provides an increase of $1,000,000
to support research on navel orangeworm.
Peanut Nutrition Research.--The Committee recognizes the
need for more research to identify how peanut consumption
contributes to overall health and wellness and reduces chronic
disease risk in various groups and across the lifespan. The
Committee provides an increase of $500,000 to support peanut
nutrition research. Research topics should include chronic
diseases, nutrition and wellness across the lifespan, health
disparities, dietary patterns for optimal health, and nutrition
for the future.
Peanut Research.--The Committee provides no less than the
fiscal year 2023 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 increase
of $500,000 to support research into sufficient cold hardiness
in pecans grown in northern regions.
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 increase of
$500,000 to support pecan processing research activities to
address these issues.
Pest Management Efforts.--The Committee recognizes the
value of ARS in supporting the greenhouse industry 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 to
develop plans for controlled environment demonstration projects
aligned with existing ARS technical units focused on greenhouse
agriculture to provide data on savings and productivity
resulting from these projects.
PFAS Research.--Though there is some evidence regarding
which crops may be more or less prone to take up PFAS from
soil, there are still significant knowledge gaps related to
PFAS and its impacts on agriculture. The Committee supports
further investment in research investigating PFAS movement in
soils and water, plant uptake, remediation options, and
livestock feed amendments and directs USDA to provide a report
within 180 days of enactment identifying knowledge gaps in this
space.
Pollinator Research.--The Committee encourages ARS to
prioritize funding for pollinator research in areas pertaining
to the breeding of honeybees with the goal of improving their
resilience and resistance to pests, pathogens, and toxins to
help mitigate the effects of disease and environmental changes
that are causing significant colony losses at the local,
national, and global scale.
Post-Harvest Control of Plant Diseases.--The Committee
provides an increase of $1,000,000 to conduct research to
control postharvest diseases and physiological disorders to
ensure that high-quality, pathogen-free fruit access markets
optimally.
Potato Research.--The Committee directs ARS to continue to
support pest management programs in potato growing States. The
Committee recognizes that these programs help scientists track
potential pest outbreaks and provide growers and industry
professionals with current information on specific and timely
treatments. Additionally, the programs help identify serious
diseases, such as late blight disease, in their early stages,
allowing for preventive measures to be put into place quickly
to avoid crop losses.
Precision Aquaculture.--The Committee provides an increase
of $1,000,000 to develop solutions for resilient inland
aquaculture in conjunction with a land-grant university with
established expertise in trout aquaculture, nutrient
management, and selective breeding.
Recirculating Aquaculture Systems.--The Committee provides
an increase of $500,000 to support research into recirculating
aquaculture systems, an emerging land-based technology to
expand production and add resilience to domestic finfish
aquaculture.
Regenerative and Precision Agriculture for Orchards.--The
Committee directs ARS to compile currently available research
data on the effect of regenerative and precision agriculture on
conserving water, sequestering carbon, increasing soil health,
and minimizing or eliminating chemistries within the context of
applicability to fruit and nut orchards and to identify data
gaps on the application of these research goals to fruit and
nut orchards.
Small Fruits Research.--The Committee provides no less than
the fiscal year 2023 level to support 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
barley and wheat high-throughput genomics and phenotyping and
recognizes its importance in improving crop traits and
developing new cultivars.
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 acknowledges the increased need for
producing drought-tolerant crops, like sorghum, particularly
where water is limited and rainfall is unpredictable. The
Committee provides an increase of $1,000,000 to support the
necessary research to identify grain components linked to the
functional and nutritional quality of sorghum products.
Specialty Crop Mechanization.--The Committee recognizes the
economic importance of the fresh produce sector and notes that
harvesting these crops is labor intensive. Accordingly, the
Committee directs ARS to focus on projects designed to improve
harvest efficiencies of specialty crops, including development
and use of mechanical or automated technologies or systems,
through National Program 305 and 306. The Committee provides no
less than the fiscal year 2023 level for this purpose.
Spittle Bug.--The recent introduction of invasive insect
species such as Prosapia bicincta has substantially impacted
tropical grazing lands. The Committee encourages ARS to
coordinate research efforts with NIFA and APHIS to address the
impact of the spittle bug.
Strawberry Production Research.--The Committee recognizes
that the highly perishable, delicate, and labor-intensive
nature of strawberry production makes this crop an ideal test
bed for innovative automation technologies. The Committee
provides no less than the fiscal year 2023 level to research
innovative automation technologies to enhance strawberry
production.
Sugarcane Variety Development.--The Committee provides an
increase of $1,000,000 for the sugarcane breeding program to
support genomic and bioinformatic development, computational
biology and the appurtenant collection and evaluation of plant
material as part of a new genomic selection strategy.
Sunflower Research.--The Committee supports efforts within
ARS to encourage the study of sunflower breeding to generate
knowledge and plant genetics that will assist in the
development of sunflower hybrids adapted for various growing
regions.
Sustainable Aquaculture.--The Committee provides an
increase of $1,000,000 to support rapid response research on
sustainable marine aquaculture for coldwater and warmwater
production coastal environments, with special emphasis on
workforce education. The Committee requests a report on how the
Agriculture Experiment Station model could be applied to
support the U.S. aquaculture industry to develop and deploy
sustainable production practices and better manage coastal
aquaculture resources.
Tropical and Subtropical Research.--The Committee
encourages ARS to continue research on Tropical and Subtropical
crops. The Committee notes that this research is critical, as
the presence of and destruction by invasive pests such as fruit
flies, coffee berry borer, felted macadamia nut coccid, and
plant viruses and funguses increase, threatening crop security
in the Pacific and insular areas.
U.S. Sheep Experiment Station (USSES).--The Committee
recognizes the unique and valuable contributions of the USSES
in increasing production efficiency 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.
Wheat Resilience.--The Committee provides $1,000,000 for a
Wheat Resiliency Initiative that supports additional research
into Wheat Stem Sawfly and Hessian Fly.
Whitefly.--The Committee recognizes that whiteflies
(Bemisia tabaci)are an emerging pest resulting from both
developing resistance to many pesticides, making chemical
control difficult, and weather variability resulting in warmer
winters and lower seasonal die-off. The Committee remains
concerned with the whitefly epidemic, which is severely
impacting vegetable and cotton production in the southeastern
U.S. The Committee provides no less than the fiscal year 2023
level to support these research efforts.
Wildfire Smoke Taint Research on Winegrapes.--The Committee
supports research to identify the compounds responsible for
smoke taint, establish a reliable database of background levels
of smoke taint compounds occurring naturally in wine grapes,
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 increase of $1,000,000 to support these
research efforts.
Woody Biomass.--The Committee recognizes the potential for
biobased thermoplastics made from woody biomass as more
recyclable packaging material and encourages dedicated research
and technology deployment.
BUILDINGS AND FACILITIES
2023 appropriation.................................... $74,297,000
2024 budget estimate.................................. 41,405,000
Provided in the bill.................................. 16,700,000
Comparison:
2023 appropriation.................................. -57,597,000
2024 budget estimate................................ -24,705,000
COMMITTEE PROVISIONS
For Agricultural Research Service Buildings and Facilities,
the Committee provides an appropriation of $16,700,000.
The Committee requests that ARS provide a report on
progress in addressing the backlog of outstanding ARS
infrastructure projects as well as future plans to address
these challenges.
Beltsville Agricultural Research Center (BARC).--The
Committee requests that ARS provide a report on the use of
funds for the improvement of facilities at BARC. The report
should include details on the progress made to repair and
improve BARC infrastructure, including buildings and
structures, steam pipes and other internal systems, roads and
access points, and other facility improvements.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
2023 appropriation.................................... $1,094,121,000
2024 budget estimate.................................. 1,938,303,000
Provided in the bill.................................. 1,085,221,000
Comparison:
2023 appropriation.................................. -8,900,000
2024 budget estimate................................ -853,082,000
COMMITTEE PROVISIONS
For National Institute of Food and Agriculture (NIFA)
Research and Education Activities, the Committee provides an
appropriation of $1,085,221,000.
Agricultural Research Enhancement Awards.--The Committee
continues to direct that not less than 15 percent of
competitive research grant funds be used for USDA's agriculture
research enhancement awards program, including USDA--EPSCoR, in
accordance with 7 U.S.C. 3157.
Agriculture and Food Research Initiative (AFRI).--The
Committee rejects the proposed changes to the distribution of
funds within AFRI program priority areas outlined in the
President's budget request. Within the funds provided for AFRI,
the Committee directs NIFA to prioritize funding for projects
addressing plant and animal health, emerging pest and disease
issues, food safety, plant and animal breeding, improved
productivity, precision agriculture, biosecurity, and workforce
development.
In addition, the Committee notes that projects which focus
on researching enhanced rock weathering and biochar, assess any
environmental or health risks, and identify ways to minimize
the environmental impact of silicate rock mining, grinding, and
transport are also eligible for AFRI awards.
AI-Empowered Specialty Crop Resilience.--The Committee
supports research on early detection and solution management
tools to prevent threats to specialty crops from pests,
diseases, and extreme weather events. The Committee encourages
NIFA to prioritize the development of innovative, high-
throughput screening and advanced sensing technologies powered
by artificial intelligence and machine learning designed to
protect crop quality and deliver increased yields. The
Committee urges NIFA to provide funding to support research on
early problem detection and resilience solutions for specialty
crops.
Alfalfa Research.--The Committee notes that research into
alfalfa seed and alfalfa forage systems holds the potential to
increase alfalfa and forage yields, increase milk production,
and improve genetics. The Committee recommendation includes
funding to support research into the improvement of yields,
water conservation, creation of new uses, and other research
areas holding the potential to advance the alfalfa seed and
alfalfa forage industry.
Aquaculture Assistance Programs.--The Committee recognizes
the important role the Aquaculture Assistance Programs and NIFA
Regional Aquaculture Centers play in aquaculture research,
education, and extension. The Committee awaits the report on
Regional Aquaculture Centers requested in House Report 117-392.
Artificial Intelligence Research Institutes.--The Committee
supports the collaboration between USDA and the National
Science Foundation to pursue advances in precision agriculture
and food system security. The ability to meet the critical
needs of the future agricultural workforce and provide tools
for agriculture and food security are within the mission of the
agency in providing opportunity through innovation. The
Committee encourages NIFA to continue supporting the work of
the Artificial Intelligence Research Institutes funded through
USDA.
Blockchain Technology.--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 urges NIFA to coordinate research to reduce the risks
of foodborne illness through the application of blockchain
technology. The Committee commends the work that has already
been completed by FDA in this field and encourages the
coordination between NIFA and the FDA.
Citrus Disease Research Program.--The Emergency Citrus
Disease Research and Extension Program 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 program receives $25,000,000 per year in
mandatory funding through the Specialty Crop Research
Initiative. The Committee believes that 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. A report shall be submitted to the
Committee on these efforts within 60 days of enactment.
Dairy Science Research and Education.--The Committee is
concerned about the effects of heat stress on dairy cattle in
the major milk production States in the southeastern U.S. The
Committee encourages NIFA to support cooperative work with
land-grant universities in the southeast through the creation
of a regional dairy research center designed to support
research on innovative solutions to heat stress and to create a
virtual learning platform for curriculum and synchronous
classes that could serve as a national platform for sharing
curriculum and training in remote areas.
Enteric Methane Innovation.--The Committee recognizes the
innovations that increased public research on enteric methane
could make possible. Within the funds provided for AFRI, the
Committee encourages NIFA to prioritize the advancement of
enteric fermentation solutions, such as cattle feed additives,
methane-inhibiting vaccines, and breeding for low-methane
cattle.
Food Safety Research.--The Committee supports research in
food safety to enhance food and agriculture defense and
security. The Committee encourages NIFA to fund research on new
technologies and capabilities, including predictive data
analytics, to eliminate disruptions to the food and agriculture
supply chain and for early detection of public health threats.
Genome to Phenome.--The Committee continues to support the
development of tools and datasets for the integration and
analysis of phenotypic and genetic variation under different
environmental conditions that can be used across multiple
livestock and crop species to improve the output and efficiency
of agriculture.
Grants for Insular Areas.--The Committee recognizes NIFA's
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 support for
these institutions to help address plant disease and invasive
species priorities in the territories.
Minor Crop Pest Management.--The IR-4 Project has been
critical to securing registrations for new plant protection
products for specialty crops and the primary avenue for new
reduced-risk pesticides, while improving impacts on the
environment, worker safety, and more sustainable production
systems for holistic wellbeing. The Committee provides funding
to continue the Project's mission of food security research
infrastructure and meeting consumer demands for high-quality
food.
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.
Supply Chain Research.--The Committee encourages NIFA, in
consultation with AMS, to work with institutions of higher
education to conduct research on best practices on
strengthening, maintaining, and securing supply chains related
to agricultural products produced in the U.S., in order to
lower input costs for farmers and producers and lower prices of
agricultural products, including biofuels, for consumers,
particularly for food insecure communities. The Committee
encourages this research to include geographic and industry
diversity. The Committee encourages the entities conducting
research to work with extension agents through the Cooperative
Extension System to provide information and technical
assistance informed by the research to relevant agricultural
groups and farmers and producers.
Vector Control.--The Committee encourages USDA to support
research, including the work done through the Biotechnology
Risk Assessment Research Grants program, to develop innovative
vector control technologies targeted to combatting Zika-
carrying Aedes aegypti mosquitos. The Committee urges USDA to
utilize pest management programs and partner organizations to
conduct research to develop and test effective repellents,
create new molecular pesticide technologies that prevent
mosquitoes from reproducing, and explore natural product
remedies to deter pests.
The following table reflects the amounts provided by the
Committee:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION
ACTIVITIES
[Dollars in thousands]
------------------------------------------------------------------------
Committee
Program/Activity Authorization provision
------------------------------------------------------------------------
Hatch Act......................... 7 U.S.C. 361a-i..... $265,000
McIntire-Stennis Cooperative 16 U.S.C. 582a 38,000
Forestry Act. through a-7.
Research at 1890 Institutions 7 U.S.C. 3222....... 89,000
(Evans-Allen Program).
Payments to the 1994 Institutions. 7 U.S.C. 301 note... 7,000
Education Grants for 1890 7 U.S.C. 3152(b).... 30,000
Institutions.
Scholarships at 1890 Institutions. 7 U.S.C. 3222a...... 10,000
Centers of Excellence at 1890 7 U.S.C. 5926(d).... 10,000
Institutions.
Education Grants for Hispanic- 7 U.S.C. 3241....... 16,000
Serving Institutions.
Education Grants for Alaska Native 7 U.S.C. 3156....... 5,000
and Native Hawaiian-Serving
Institutions.
Research Grants for 1994 7 U.S.C. 301 note... 5,000
Institutions.
New Beginnings for Tribal Students 7 U.S.C. 3222e...... 5,000
Capacity Building for Non-Land- 7 U.S.C. 3319i...... 6,000
Grant Colleges of Agriculture.
Grants for Insular Areas.......... 7 U.S.C. 3222b-2, 2,500
3362, 3363.
Agriculture and Food Research 7 U.S.C. 3157....... 460,000
Initiative.
Veterinary Medicine Loan Repayment 7 U.S.C. 3151a...... 10,000
Veterinary Services Grant Program. 7 U.S.C. 3151b...... 4,000
Continuing Animal Health and 7 U.S.C. 3195....... 4,000
Disease Research Program.
Supplemental and Alternative Crops 7 U.S.C. 3319d...... 2,000
Multicultural Scholars, Graduate 7 U.S.C. 3152(b).... 10,000
Fellowship and Institution
Challenge Grants.
Aquaculture Centers............... 7 U.S.C. 3322....... 5,000
Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 45,000
and Education. 5831, 5832.
Farm Business Management.......... 7 U.S.C. 5925f...... 2,500
Research Equipment Grants......... 7 U.S.C. 3310a...... 5,000
Alfalfa Seed and Alfalfa Forage 7 U.S.C. 5925....... 4,000
Systems Research Program.
Minor Crop Pest Management (IR-4). 7 U.S.C. 450i(e).... 15,000
Agricultural Genome to Phenome 7 U.S.C. 5924....... 2,500
Initiative.
Laying Hen and Turkey Research 7 U.S.C. 5925....... 1,000
Program.
Special Research Grants:.......... 7 U.S.C. 450i(c).... ..............
Potato Research............... .................... 4,000
Aquaculture Research.......... .................... 2,200
Total, Special Research .................... 6,200
Grants.
Necessary Expenses of Research and
Education Activities:
Grants Management Systems..... .................... 7,924
Federal Administration--Other .................... 12,597
Necessary Expenses.
Total, Necessary Expenses... .................... 20,521
Total, Research and .................... $1,085,221
Education Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
2023 appropriation.................................... ($11,880,000)
2024 budget estimate.................................. (11,880,000)
Provided in the bill.................................. (11,880,000)
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Native American Institutions Endowment Fund, the
Committee provides $11,880,000.
EXTENSION ACTIVITIES
2023 appropriation.................................... $565,410,000
2024 budget estimate.................................. 611,862,000
Provided in the bill.................................. 564,860,000
Comparison:
2023 appropriation.................................. -550,000
2024 budget estimate................................ -47,002,000
COMMITTEE PROVISIONS
For National Institute of Food and Agriculture Extension
Activities, the Committee provides an appropriation of
$564,860,000.
1862 and 1890 Partnerships.--The Committee recognizes that
the goal of cooperative agricultural extension is shared by all
land-grant universities--to provide farmers with information
from cutting-edge agricultural research, conduct demonstrations
and assist rural communities in applying new technologies and
farming methods to their operations, and improve the efficiency
of our American farms and ranches. Therefore, the Committee
directs NIFA to make every effort to strengthen partnerships
and expand cooperation between 1862 and 1890 land-grant
institutions, thereby closing the gap in extension between the
two systems and leveraging joint collaborative efforts. The
Committee encourages NIFA to consider establishing partnership
grants for joint educational and extension activities in States
where at least one 1862 institution and at least one 1890
institution are located, to foster co-creation of new
opportunities and new programming to better serve producers.
Farm and Ranch Stress Assistance Network (FRSAN).--The
Committee appreciates the updates provided in NIFA's fiscal
year 2024 budget justification and requests additional
information in the next budget. The report should include
details about how the program has evolved since inception,
including but not limited to how many people have utilized the
services associated with FRSAN each year, what kinds of
programming is being provided, and each FRSAN center's strategy
for continuing to improve coordination with its partners and
outreach to farmers, ranchers, farm workers, and others using
its services. Lastly, this report should identify the impact
additional funding could have on expanding programing and
outreach for this program.
Farm Animal Residue Avoidance Database (FARAD) Program.--
The Committee is aware that one-year awards for FARAD make it
extremely difficult for FARAD to attract and retain the
professional staff needed to maintain this important food
safety program. The Committee urges USDA to move to a multi-
year award profile for this food safety program.
The following table reflects the amounts provided by the
Committee:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
[Dollars in thousands]
------------------------------------------------------------------------
Committee
Program/Activity Authorization provision
------------------------------------------------------------------------
Smith-Lever Act, Section 3(b) and 7 U.S.C. 343(b) and $325,000
(c) programs and Cooperative (c) 208(c) of P.L.
Extension. 93-471.
Extension Services at 1890 7 U.S.C. 3221....... 72,000
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).. 11,000
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b...... 21,500
Institutions.
Renewable Resources Extension Act. 16 U.S.C. 1671 et. 4,060
seq..
Rural Health and Safety Education 7 U.S.C. 2662(i).... 5,000
Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642....... 2,500
Database Program.
Women and Minorities in STEM 7 U.S.C. 5925....... 2,000
Fields.
Food Safety Outreach Program...... 7 U.S.C. 7625....... 10,000
Farm and Ranch Stress Assistance 7 U.S.C. 5936....... 10,000
Network.
Enhancing Ag Opportunities for Sec. 739 of Div. A 5,000
Veterans (AgVets). of P.L. 117-328.
Smith-Lever Act, Section 3(d):.... 7 U.S.C. 343(d)..... ..............
Food and Nutrition Education.. .................... 70,000
Farm Safety and Youth Farm .................... 5,000
Safety Education.
Children, Youth, and Families .................... 8,395
at Risk.
Federally Recognized Tribes .................... 4,305
Extension.
Total, Section 3(d)......... .................... 87,700
Necessary Expenses of Extension
Activities:
Agriculture in the K 12 7 U.S.C. 3152(j).... 1,000
Classroom.
Federal Administration--Other .................... 8,100
Necessary.
Expenses for Extension .................... ..............
Activities.
Total, Necessary Expenses... .................... 9,100
Total, Extension Activities. .................... $564,860
------------------------------------------------------------------------
INTEGRATED ACTIVITIES
2023 appropriation.................................... $41,500,000
2024 budget estimate.................................. 41,500,000
Provided in the bill.................................. 41,500,000
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ - - -
COMMITTEE PROVISIONS
For National Institute of Food and Agriculture Integrated
Activities, the Committee provides an appropriation of
$41,500,000.
The following table reflects the amounts provided by the
Committee:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
[Dollars in thousands]
------------------------------------------------------------------------
Committee
Program/Activity Authorization provision
------------------------------------------------------------------------
Methyl Bromide Transition Program. 7 U.S.C. 7626....... $2,000
Organic Transition Program........ 7 U.S.C. 7626....... 7,500
Regional Rural Development Centers 7 U.S.C. 450i(c).... 3,000
Food and Agriculture Defense 7 U.S.C. 3351....... 8,000
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626....... 21,000
Program.
Total, Integrated Activities.. .................... $41,500
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
2023 appropriation.................................... $1,617,000
2024 budget estimate.................................. 1,657,000
Provided in the bill.................................. 800,000
Comparison:
2023 appropriation.................................. -817,000
2024 budget estimate................................ -857,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Marketing and
Regulatory Programs, the Committee provides an appropriation of
$800,000.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
2023 appropriation.................................... $1,171,071,000
2024 budget estimate.................................. 1,188,788,000
Provided in the bill.................................. 1,168,964,000
Comparison:
2023 appropriation.................................. -2,107,000
2024 budget estimate................................ -19,824,000
COMMITTEE PROVISIONS
For the Animal and Plant Health Inspection Service (APHIS),
Salaries and Expenses, the Committee provides an appropriation
of $1,168,964,000.
The Committee provides increases for the following
programs: $10,500,000 for Animal Health Technical Services;
$2,500,000 for Avian Health; $1,000,000 for Swine Health; and
$8,500,0000 for Specialty Crop Pests; $2,500,000 for Wildlife
Damage Management.
The Committee includes in this account $3,000,000 for
cogongrass control previously funded elsewhere in the Act.
Within the amount included for Specialty Crop Pests, the
Committee includes $72,947,000 or fruit fly exclusion and
detection; $74,359,000 for citrus health, including $11,514,000
for HLB-MAC; $23,266,000 for the glassy-winged sharpshooter;
$6,909,000 for the pale cyst nematode; $5,043,000 for the
European grapevine moth; $10,340,000 for the navel orangeworm;
$3,522,000 for agricultural canine inspection teams; and
$18,819,000 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)
----------------------------------------------------------------------------------------------------------------
FY 2023 FY 2024 Committee
enacted estimate provision
----------------------------------------------------------------------------------------------------------------
Animal Health Technical Services................................ $39,183 $40,067 $49,683
Aquatic Animal Health........................................... 5,000 6,461 5,000
Avian Health.................................................... 64,930 66,324 67,430
Cattle Health................................................... 111,771 103,658 111,771
Equine, Cervid, and Small Ruminant Health....................... 35,319 32,498 35,319
National Veterinary Stockpile................................... 6,500 5,813 6,500
Swine Health.................................................... 26,044 31,624 27,044
Veterinary Biologics............................................ 21,479 22,217 21,479
Veterinary Diagnostics.......................................... 63,777 63,425 63,777
Zoonotic Disease Management..................................... 21,567 24,430 21,567
Subtotal, Animal Health..................................... 395,570 396,517 409,570
Agricultural Quarantine Inspection (Appropriated)............... 35,541 37,690 35,541
Cotton Pests.................................................... 15,450 15,737 15,450
Field Crop & Rangeland Ecosystems Pests......................... 14,986 15,425 13,637
Pest Detection.................................................. 29,075 30,164 29,075
Plant Protection Methods Development............................ 22,557 22,556 21,217
Specialty Crop Pests............................................ 216,117 222,037 224,521
Tree & Wood Pests............................................... 62,562 64,272 55,562
Subtotal, Plant Health...................................... 396,288 407,881 395,003
Wildlife Damage Management...................................... 121,957 122,897 124,587
Wildlife Services Methods Development........................... 26,244 25,658 24,944
Subtotal, Wildlife Services................................. 148,201 148,555 149,531
Animal & Plant Health Regulatory Enforcement.................... 18,722 19,390 16,772
Biotechnology Regulatory Services............................... 19,691 23,916 19,691
Subtotal, Regulatory Services............................... 38,413 43,306 36,463
Civilian Climate Corps.......................................... 0 6,016 0
Contingency Fund................................................ 514 543 514
Emergency Preparedness & Response............................... 44,067 45,198 44,617
Subtotal, Emergency Management.............................. 44,581 51,757 45,131
Agriculture Import/Export....................................... 19,292 17,766 18,292
Overseas Technical & Trade Operations........................... 25,572 28,976 25,572
Subtotal, Safe Trade........................................ 44,864 46,742 43,864
Animal Welfare.................................................. 37,506 35,641 34,306
Horse Protection................................................ 4,096 3,166 3,096
Subtotal, Animal Welfare.................................... 41,602 38,807 37,402
APHIS Information Technology Infrastructure..................... 4,251 7,451 4,251
Physical/Operational Security................................... 5,182 5,205 5,182
Rent and DHS Payments........................................... 42,567 42,567 42,567
Congressionally Directed Spending............................... 9,552 0 0
Subtotal, Agency Management................................. 61,552 55,223 52,000
Total, Direct Appropriation................................. $1,171,071 $1,188,788 $1,168,964
----------------------------------------------------------------------------------------------------------------
Agricultural Imports.--The Committee recognizes that there
is a need to update APHIS physical facilities and processes due
to the increased volume of agricultural imports. The Committee
directs USDA to provide a plan within 60 days of enactment of
the Act to address the needs of 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 (AQI).--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 $35,541,000 for the AQI function,
including predeparture and interline inspections.
Animal Welfare Act.--The Committee supports a collaborative
approach between APHIS and licensees involving education,
training, and outreach to improve the care of animals. The
Committee directs APHIS to initiate a scientific evaluation of
the impact of ``teachable moments'' on animal welfare within 90
days of enactment of this Act.
The Committee continues to encourage APHIS to use its full
enforcement capabilities under the AWA against chronic
violators of the AWA. The Committee directs the agency to
update the Committee within 60 days of enactment of the Act on
AWA enforcement activities, including referring cases to the
Office of the General Counsel, the Department of Justice, or
both, when appropriate.
APHIS Inspections of ARS Facilities.--The funding provided
for the Animal Welfare program 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 AWA. The Committee
directs APHIS to conduct inspections of all such ARS facilities
and to post the resulting inspection reports online 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.
Arundo Management and Control.--The Committee is concerned
with the damage the invasive plant Arundo donax inflicts on
groundwater levels in drought-prone western States. The
Committee directs APHIS to work with Federal, State, and local
water managers in affected areas to establish a management and
control regime to prevent further water shortages in drought-
stricken areas.
Asian Longhorned Tick (ALT).--The Committee is concerned
about the ongoing spread of ALT, which has been identified in
17 States and represents a growing threat to domestic livestock
populations. In addition to monitoring the spread of ALT, APHIS
should utilize the resources necessary to enhance collaboration
with ARS, NIFA, State partners, and industry stakeholders to
improve preparedness, surveillance, and response capabilities.
Recognizing that public education and outreach will play an
important role in reducing the spread of ALT, the Committee
expects APHIS to enhance outreach and education efforts to that
end. The Committee directs APHIS to submit a report within 60
days of enactment of this Act outlining the resources which
would be required to establish an ALT control program within
APHIS.
Avian Health.--The Committee provides an increase of
$2,500,000 for the Avian Health Program, which provides
surveillance, prevention, and control of avian diseases to
protect the U.S. poultry industry.
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
crops. The Committee encourages APHIS to take action to reduce
blackbird depredation in the Northern Great Plains.
Body-Gripping Traps.--The Committee maintains the 2023
funding level for the Secretary to develop best management
practices for body-gripping traps in circumstances where
current use of body-gripping traps increase the risk of non-
target capture to unacceptable levels, such as in some urban
environments.
Canine Detection and Surveillance.--The Committee
recognizes the important role APHIS' canines program plays in
invasive species and disease detection and provides $3,522,000
to support these efforts. The Committee requests that APHIS
keep it apprised of program activities, including how the
agency uses funding provided.
Cattle Health.--The Committee provides $111,771,000 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 spread. To prevent movement of livestock
and game animals outside of the quarantined or high-risk
premises, the Committee maintains the 2023 funding level and
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 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 evapotranspiration capacity. The
Committee understands that APHIS has been working with ARS on
biological controls and the U.S. Customs and Border Protection
(CBP) for mechanical controls. The Committee maintains the 2023
funding level 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. The
Department is requested to keep the Committee apprised of
progress made in this regard.
Cervid Health.--The Committee provides no less than
$16,000,000 for cervid health activities, of which $11,500,000
shall be for APHIS to allocate funds directly to State
departments of wildlife, State departments of agriculture,
Native American Tribes, and research institutions and
universities to further develop and implement chronic wasting
disease (CWD) surveillance, testing, management, and response
activities. Within the remaining $4,500,000 provided, APHIS
should consider indemnity payments and associated costs to
remove infected and exposed animals as expeditiously as
possible.
In addition, the Committee maintains the 2023 funding level
for Wildlife Services Methods Development for CWD work at the
National Wildlife Research Center.
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 to the greatest extent possible to sustain the
economic viability of the citrus industry.
Cotton Pests.--The bill provides $15,450,000 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 reinfest areas of the U.S. where it has been
successfully eradicated.
Depopulation.--APHIS uses defined methods for depopulation
as described in the 2019 American Veterinary Medical
Association (AVMA) Guidelines for Depopulation of Animals,
based on the species and to meet specific depopulation
timelines and on-site conditions. The AVMA definition stresses
the importance of considering animal welfare when determining
the best approach to depopulation. Given the nationwide
outbreak of HPAI and growing concerns over African swine fever,
the Committee directs USDA to ensure that the National
Veterinary Stockpile has adequate supplies and equipment to
assist producers in utilizing more rapid, humane, and effective
depopulation methods when necessary, as laid forth in the AVMA
guidelines.
Education and Outreach on Avian Influenza.--The Committee
remains deeply concerned by the spread of HPAI. The Committee
encourages APHIS to continue to provide increased training,
public outreach, and educational materials to areas threatened
by HPAI.
Electronic Identification (EID).--The Committee recognizes
the importance of the APHIS Animal Disease Traceability (ADT)
framework to protect livestock producers and the domestic food
supply. The Committee does not support the costs of requiring
EID tags for interstate movement of cattle and bison falling
onto producers, livestock markets, veterinarians, or others in
the livestock industry. The Committee includes $10,000,000 for
the purchase of EID tags and related infrastructure, such as
EID readers, software, and other technological upgrades needed
for the industry to comply with the proposed rule, ``Use of
Electronic Identification Eartags as Official Identification in
Cattle and Bison'' (88 FR 3320), should that rule or a similar
rule is finalized. In addition to the annual cost of purchasing
EID tags, the Committee encourages APHIS to include in the
cost-benefit analysis the full cost of related EID
infrastructure in any future rulemakings.
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 Act 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. The Committee maintains the 2023 funding levels to
support hazard preparedness and response for zoos and
aquariums, and implementation of emergency contingency plans
for all facilities regulated under the AWA.
Feral Swine.--The Committee provides a $1,000,000 increase
for feral swine eradication efforts. The Committee encourages
APHIS Wildlife Services to use all approved measures as a force
multiplier and to prioritize States with the highest population
of feral swine.
Fruit Fly Exclusion and Detection.--The Committee provides
an increase of $2,000,000 for exotic fruit fly detection,
response, and prevention. The Committee requests a report, in
consultation with the Department of Defense, on plans for
repairs, improvements, maintenance, and construction of the
Sterile Insect Release Facility at Joint Forces Training Base,
Los Alamitos, California.
Genetically Engineered Microbes.--While APHIS published a
final rule in May 2020 to update its biotechnology regulations
under Part 340 for biotechnology plants, genetically engineered
(GE) microbes were not provided similar, clear next steps for
obtaining permits and moving towards commercialization. The
Committee urges APHIS to take measurable steps to establish a
predictable and science-based regulatory pathway, including
guidance on categories or characteristics of microbes within
APHIS's Part 340 scope, and to establish an outreach strategy
to engage impacted developers and other stakeholders in the
process of scoping a Regulatory Status Review for GE microbes
for future rulemaking.
Glassy Winged Sharpshooter.--The Committee provides an
increase of $2,000,000 and urges USDA to consider all
appropriate funding resources to rapidly respond to areas where
increasing numbers of the pest glassy winged sharpshooter are
occurring in California.
Horse Protection Act Inspections.--The Committee has
consistently recognized the need for APHIS and the Tennessee
Walking Horse industry to communicate and work together to
eliminate the soring of horses. Recognizing that an objective
science-based inspection provides assurance for both accuracy
and fairness, the Committee directs APHIS to begin utilizing
swabbing as part of its inspection protocol.
Huanglongbing Emergency Response.--The Committee encourages
APHIS to allocate sufficient resources to continue the
activities necessary to effectively prevent or manage HLB. The
disease, for which there is no cure, has caused a significant
decline in Florida's citrus production since 2007. All citrus
producing counties in Texas are under quarantine, and in
California there have been over 3,000 confirmed cases of HLB in
backyard citrus trees. HLB threatens the sustainability of the
entire domestic citrus industry. If HLB continues to spread, it
will cost thousands of additional jobs and millions in lost
revenue. The agency is encouraged to support the priorities and
strategies identified by the HLB-MAC group. The agency should
appropriately allocate resources based on critical need and the
maximum benefit to the citrus industry.
Imported Dogs.--The Committee is aware that USDA issued a
report that showed that over one million dogs are imported into
the U.S. each year. Of that number, however, less than one
percent are subject to thorough health screenings to show that
they are healthy, vaccinated, and free of disease prior to
entering the country. The limited health requirements and
inspection has resulted in the importation of animals that,
tragically, arrive in poor health or die during travel, as well
as the importation of animals carrying various diseases from
rabies to canine influenza to leptospirosis, among others. As
the connection between human and animal health becomes clearer,
it is imperative that imported animals, including dogs, are
healthy, vaccinated, and of an appropriate age to travel.
Therefore, the Committee maintains the fiscal year 2022
increase of $1,000,000 for APHIS to strengthen its oversight of
imported dogs, including stronger interagency coordination to
better protect animal and public health.
In- and Out-Bound Market Access Report.--The Committee
requests that APHIS continue submitting the report on U.S. out-
bound and foreign in-bound agricultural market access. The
report should provide data for the last three years, including
the date access was granted and the in-bound and out-bound
volumes shipped by country and commodity.
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 human health, as demonstrated during the pandemic.
Therefore, the Committee rejects the budget reduction and
continues to provide funding for NAHLN through both APHIS and
NIFA at no less than $18,500,000 for fiscal year 2024. 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.
National Honeybee Disease Survey Report.--The Committee
continues funding the survey at the 2023 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.
Pale Cyst Nematode Eradication.--The Committee includes
funding to maintain resources for the pale cyst nematode
eradication program at the 2023 level to continue successful
efforts to eradicate this pest. If left untreated, this pest
could spread, affecting other crops.
Plant Biostimulants.--Within the funding available, APHIS
is requested to work with other agencies and stakeholders to
develop and implement the recommendations set forth in the
report submitted pursuant to section 10111 of the Agricultural
Improvement Act of 2018.
Scrapie Eradication Program.--The Committee maintains
funding at the 2023 level for the National Scrapie Eradication
Program.
Spotted Lanternfly.--The Committee remains concerned about
the recent Spotted Lanternfly outbreak and provides an increase
of $1,000,000 to support efforts to combat this pest. The
Committee requests that APHIS keeps it apprised of the
program's strategy and progress.
Swine Health Improvement Program.--The Committee notes that
USDA announced in 2020 the establishment of a joint Federal,
State, and industry project to develop a certification program
for high-consequence swine diseases. Given the outbreak of
African Swine Fever in the Hispaniola region, the Committee
recognizes the importance of reassuring foreign trading
partners of the status of the American swine herd's health and
the measures the American swine industry has taken to prevent
an introduction of African swine fever and classical swine
fever. The Committee provides an increase of $1,000,000 for
USDA to continue advancing the work of the Swine Health
Improvement Program.
Tallow Tree.--The Committee urges APHIS to carefully
consider the effects on pollinators and beekeepers that may be
associated with the release of Bikasha collaris and Gadirtha
fusca for biological control of Chinese Tallow. APHIS should
only proceed with approval of such releases in the event it can
determine they will not adversely affect pollinators and the
beekeeping industry.
West Nile Virus.--The Committee is concerned with the
threats to human and animal health posed by West Nile virus and
other infectious diseases and recognizes that a critical
strategy for addressing these threats is necessary to prevent
the infection and transmission by known vectors, including
farm-raised alligators. Within funding provided, the Committee
provides $500,000 for APHIS to enter into cooperative
agreements with the affected States to further investigate West
Nile virus and other infectious diseases affecting farm-raised
alligators and to develop treatments and methods to prevent
infection and transmission.
Wildlife Services.--The Committee is concerned with
livestock predation in areas with the highest populations of
sheep and goats and provides an increase of $1,000,000 for
improved predator management methods and tools in cooperation
with partner agencies serving these areas. This amount includes
$500,000 for operating and maintaining fixed wing aerial
operations for predator control.
Wildlife Services Education and Training.--The Committee is
aware of the wide range of hazardous procedures and materials
utilized by APHIS personnel in the conduct of daily duties. To
ensure a safe working environment, the Committee provides no
less than 2023 levels to maintain a National Training Academy
focused on those areas of greatest concern such as
pyrotechnics, firearms, hazardous materials, immobilization and
euthanasia drugs, pesticides, animal care and handling, land
vehicles, watercraft, and zoonotic diseases.
Zoological Disaster Response.--The Committee provides not
less than $550,000 above 2023 levels within Emergency
Preparedness and Response for APHIS to support industry-led
nonprofits that are comprised of a national network of
zoological facilities and assist zoos, aquariums, sanctuaries,
and other exotic animal businesses respond to disasters. The
disaster response efforts may include but are not limited to:
preparedness consultations, risk assessments, evacuation and
transportation of animals, veterinary care, facility repairs,
incident command and communications support, and other response
and recovery efforts. The Committee notes that these funds are
in addition to, not a replacement of, existing agreements made
with nonprofit organizations in previous fiscal years for
zoological disaster initiatives.
Agricultural Marketing Service
MARKETING SERVICES
2023 appropriation.................................... $237,695,000
2024 budget estimate.................................. 254,605,000
Provided in the bill.................................. 184,668,000
Comparison:
2023 appropriation.................................. -53,027,000
2024 budget estimate................................ -69,937,000
COMMITTEE PROVISIONS
For Marketing Services of the Agricultural Marketing
Service (AMS), the Committee provides an appropriation of
$184,668,000.
Bioengineered Food Disclosure.--The Committee does not
support any Federal policies that would impose unnecessary
requirements on the labeling, marketing, or distribution of
bioengineered salmon that are in addition to requirements of
the National Bioengineered Food Disclosure Standard.
Cattle Contracts Library.--The Committee directs the
Secretary to submit a report within 60 days of enactment of
this Act regarding the Cattle Contracts Library pilot program.
This report shall include summaries of all stakeholder feedback
received by the agency, any applicable economic assessments
conducted or received by the agency, and any statutes utilized
to develop the regulatory framework to implement the pilot
program.
Packers & Stockyards.--The Committee is concerned by the
Department's ongoing efforts to expand the scope of its
regulations to implement the Packers and Stockyards Act of
1921. The Committee holds that the Department has
misinterpreted Congressional intent and mistaken its
jurisdiction throughout this regulatory series. As such, the
Secretary is prohibited from promulgating, implementing, or
enforcing any regulations under Sections 202(a) or 202(b) of
the Packers and Stockyards Act of 1921 which were first
published in the Federal Register after June 1, 2022. Further,
the Committee rebuts the agency's assertions regarding harm to
competition and affirms it is the intent of Congress, in
accordance with the rulings of eight Federal circuit courts,
that complainants must demonstrate harm or likelihood of harm
to competition in order to establish a violation of the Packers
and Stockyards Act of 1921.
Vegetable Promotion.--The Committee recognizes that
specialty crop vegetable growers and value-added processors are
under significant pressure from the effects of inflation and
increasing imports. The Committee encourages AMS to collaborate
with local partners to expand marketing opportunities for
domestic specialty crop vegetable growers by increasing
promotion activities immediately prior to and during harvest,
including for asparagus harvested April to May, carrots
harvested August to October, and cucumbers harvested August to
September. The Committee directs AMS to report to the Committee
on the status of these efforts within 90 days of enactment of
this Act.
LIMITATION ON ADMINISTRATIVE EXPENSES
2023 limitation....................................... ($62,596,000)
2024 budget limitation................................ (62,596,000)
Provided in the bill.................................. (62,596,000)
Comparison:
2023 limitation..................................... - - -
2024 budget limitation.............................. - - -
COMMITTEE PROVISIONS
The Committee provides a limitation of $62,596,000 on
Administrative Expenses of the Agricultural Marketing Service.
Cotton Classing.--The Committee acknowledges the challenges
presented during the 2021 cotton season, such as extensive
delays in quality designation, contract delivery, and loan
repayments. The Committee encourages AMS to quickly utilize the
$4,000,000 provided in fiscal year 2023 to continue working
with producers to secure stability and dependability of the
cotton classification program to timely and accurately process
numerous samples of cotton bales with less reliance on seasonal
staff and less disruption of market opportunities.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND
SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
2023 appropriation.................................... ($21,501,000)
2024 budget estimate.................................. (21,501,000)
Provided in the bill.................................. (21,501,000)
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Marketing Agreements and Orders Program, the
Committee provides a transfer from Section 32 funds of
$21,501,000.
The following table reflects the status of this fund:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD--FISCAL YEARS 2023-2024
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
FY 2023 FY 2024 Committee
enacted estimate provision
----------------------------------------------------------------------------------------------------------------
Appropriation (30% of Customs Receipts)......................... $27,123,378 $30,801,280 $30,801,280
Less Transfers:
Food and Nutrition Service.................................. -25,199,767 -28,545,432 -28,545,432
Commerce Department......................................... -362,611 -377,363 -377,363
-----------------------------------------------
Total, Transfers........................................ -25,562,378 -28,922,795 -28,922,795
Budget Authority, Farm Bill..................................... 1,561,000 1,657,000 1,657,000
Appropriations Temporarily Reduce--Sequestration............ -77,691 -83,334 -83,334
Recission of Current Year Funds............................. - - - - - - -505,000
Unavailable for Obligations (Fruit & Vegetable transfer to - - - - - - -195,000
FNS).......................................................
Available for Obligation.................................... 1,483,309 1,573,666 873,666
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........................... 198,000 195,000 - - -
Estimated Future Needs...................................... 523,130 616,487 111,487
-----------------------------------------------
Total, Commodity Procurement............................ 1,424,630 1,514,987 814,987
Administrative Funds:
Commodity Purchase Support.................................. 37,178 37,178 37,178
Marketing Agreements and Orders............................. 21,501 21,501 21,501
-----------------------------------------------
Total, Administrative Funds............................. 58,679 58,679 58,679
===============================================
Total Obligations........................................... $1,483,309 $1,573,666 $873,666
Unavailable for Obligations (Fruit & Vegetable transfer to FNS). .............. .............. $195,000
Total End of Year Balances.............................. .............. .............. $195,000
----------------------------------------------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
2023 appropriation.................................... $1,235,000
2024 budget estimate.................................. 1,235,000
Provided in the bill.................................. 1,235,000
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ - - -
COMMITTEE PROVISIONS
For Payments to States and Possessions, the Committee
provides an appropriation of $1,235,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
2023 limitation....................................... ($55,000,000)
2024 budget limitation................................ (55,000,000)
Provided in the bill.................................. (55,000,000)
Comparison:
2023 limitation..................................... - - -
2024 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
2023 appropriation.................................... $1,117,000
2024 budget estimate.................................. 1,146,000
Provided in the bill.................................. 800,000
Comparison:
2023 appropriation.................................. -317,000
2024 budget estimate................................ -346,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food Safety, the
Committee provides an appropriation of $800,000.
Food Safety and Inspection Service
2023 appropriation.................................... $1,158,266,000
2024 budget estimate.................................. 1,290,419,000
Provided in the bill.................................. 1,197,067,000
Comparison:
2023 appropriation.................................. +38,801,000
2024 budget estimate................................ -93,352,000
COMMITTEE PROVISIONS
For the Food Safety and Inspection Service (FSIS), the
Committee provides an appropriation of $1,197,067,000. Of this
amount, $1,000,000 is for the inspection of wild caught
invasive species in the order siluriformes and family
Ictaluridae.
The following table reflects the Committee's
recommendations for fiscal year 2024:
FOOD SAFETY AND INSPECTION SERVICE
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal Inspection.................................... $1,072,390
Public Health Data Communication Infrastructure System 36,330
International Food Safety and Inspection.............. 20,885
State Food Safety and Inspection...................... 67,462
-----------------
Total, Food Safety and Inspection Service......... $1,197,067
------------------------------------------------------------------------
Good Commercial Practices.--The Committee recognizes that
the handling of birds at slaughter according to Good Commercial
Practices (GCP) improves quality and reduces the occurrence of
adulterated poultry products in the marketplace. The Committee
directs USDA to brief the Committees on documented instances
where establishments were not operating in accordance with GCPs
no later than 180 days after the date of enactment of this Act.
Humane Methods of Slaughter.--FSIS shall ensure that all
inspection personnel conducting humane handling verification
procedures receive robust initial training and periodic
refresher training on the FSIS humane handling and slaughter
regulations and directives. This includes handling of non-
ambulatory disabled animals, as well as proper use of the
Humane Activities Tracking System to ensure humane handling of
animals as they arrive and are offloaded and handled in ante-
mortem holding pens, suspect pens, chutes, stunning areas, and
on the slaughter line. The Committee directs the agency to
continue preparation and online publication 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) the
time spent on Humane Handling Activities Tracking System
activities, and (4) comparisons of these measurements by plant
size and FSIS district.
Inspection Processes.--The Committee directs FSIS to
provide a report within 90 days of enactment of this Act on how
the agency may establish a process for seafood facilities that
process multiple species, including wild caught, invasive blue
catfish, to seek a waiver from FSIS inspection requirements to
process seafood according to their seafood HACCP plan as
required by the FDA. The report should include any barriers and
challenges these processors encounter under the FSIS program.
Invasive Species.--The Committee encourages the FSIS to
work with other agencies and stakeholders to better market food
offered for sale that is the product of a wild caught, invasive
species, such as northern snakehead or blue catfish.
Labeling Claims.--The Committee recognizes claims that the
agency's process for verifying and approving animal raising and
sustainability claims on meat and poultry product labels has
led to consumer confusion and allowed unfair practices to
proliferate. The agency is encouraged to work closely with the
AMS to make sure that label claims submitted as part as AMS's
``Process Verified Program'' align closely with the FSIS
guidance document.
Line Speeds.--The Committee supports ensuring the safety of
workers at FSIS inspected facilities, including those
establishments participating in the modified line speed waiver
program within the New Poultry Inspection System and in the
time-limited trial within the New Swine Inspection System. Line
speed waivers increase production and efficiency resulting in
lower food costs for consumers and do not compromise food
safety or worker safety. The Committee directs FSIS to extend
existing modified line speed waivers for poultry and swine
establishments in a timely manner and without disruptions while
working to develop a permanent regulatory solution for
evisceration line speeds above the current regulatory cap.
Salmonella.--The Committee supports the agency's efforts to
ensure food safety in all food products, including reduction of
salmonellosis attributed to poultry products. In pursuing such
efforts, the Committee believes that, to ensure efficacy of any
regulation and prevent unnecessary burdens on producers,
consumers, and industry, any regulatory action and risk
assessments must be based on and supported by empirical
scientific data. Specifically, the Committee urges FSIS to
ensure data included in the risk assessments be firmly
established, reliable, and available for public comment and
dialogue in association with any regulatory action related to
Salmonella prior to any proposed regulation. Further, with
respect to regulatory action, the Committee urges FSIS to
ensure the availability of diagnostic methods for verification
by the agency and industry. The diagnostic methods and
regulatory changes should both protect consumer safety and be
conducive to the efficient flow of commerce. The Committee is
concerned that failure to do so may undermine the agency's
efforts to establish effective and efficient controls to reduce
the incidence of salmonellosis, while also imposing unnecessary
burdens on farmers and processors, increasing food waste, and
raising costs for consumers.
Water Regulations.--The Committee is aware of industry
concerns that the Environmental Protection Agency's (EPA)
proposed rule entitled ``PFAS National Primary Drinking Water
Regulation Rulemaking'' may trigger enforcement of FSIS
regulations for water used in food manufacturing in ways not
contemplated by the current rulemaking. The Committee requests
FSIS provide a briefing on the potential impacts of EPA's
proposed rule on regulated food manufacturers.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
2023 appropriation.................................... $1,727,000
2024 budget estimate.................................. 1,780,000
Provided in the bill.................................. 901,000
Comparison:
2023 appropriation.................................. -826,000
2024 budget estimate................................ -879,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Farm Production
and Conservation (FPAC), the Committee provides an
appropriation of $901,000.
Farmer Workforce Recruitment.--The Committee recognizes
that farmer and workforce shortages in emerging sectors are
increasing at an alarming rate and that urban agriculture can
be a critical pipeline in recruiting younger people into the
agricultural sector and an effective outreach tool to bolster
the workforce. The Committee encourages USDA to promote urban,
indoor, controlled environment agriculture, and other emerging
agricultural practices to secure diverse food production while
improving health for Americans and developing the American
farmer workforce, support local food supply chains, and bolster
and diversify America's agriculture economy.
Farm Production and Conservation Business Center
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
2023 appropriation.................................... $248,684,000
2024 budget estimate.................................. 265,825,000
Provided in the bill.................................. 231,302,000
Comparison:
2023 appropriation.................................. -17,382,000
2024 budget estimate................................ -34,523,000
COMMITTEE PROVISIONS
For the Farm Production and Conservation Business Center,
the Committee provides an appropriation of $231,302,000. This
amount includes an increase of $1,000,000 for design of a new
data system to comply with the Agricultural Foreign Investment
Disclosure Act, as specified by Sec. 773 of the Consolidated
Appropriations Act, 2023.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Transfer from
Appropriation program accounts Total, FSA S&E
----------------------------------------------------------------------------------------------------------------
2023 appropriation..................................... $1,215,307,000 $305,803,000 $1,521,110,000
2024 budget estimate................................... 1,262,353,000 (321,621,000) 1,583,974,000
Provided in the bill................................... 1,215,307,000 (305,803,000) 1,521,110,000
Comparison:
2023 appropriation................................. - - - - - - - - -
2024 budget estimate............................... -47,046,000 -15,818,000 -62,864,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For Salaries and Expenses of the Farm Service Agency (FSA),
the Committee provides an appropriation of $1,215,307,000 and
transfers of $305,803,000 for a total program level of
$1,521,110,000.
Agricultural Foreign Investment Disclosure Act.--USDA is
responsible for monitoring foreign purchases of agricultural
land under the Agricultural Foreign Investment Disclosure Act
(AFIDA) and for assessing penalties on entities that have
failed to make disclosures as required. The Committee is
concerned that USDA failed to assess penalties for a failure to
disclose foreign investments in American agricultural land. The
Committee directs the Secretary to report to the Committee
within 90 days of enactment of this Act on USDA's efforts to
ensure that foreign investments are being accurately disclosed,
including an analysis of any barriers USDA faces in conducting
oversight of these purchases and planned steps for overcoming
these challenges.
Farmers.gov.--The Committee directs USDA to continue to
drive implementation and expansion of the Farmers.gov
application, a single portal built around the needs of farmers,
to enable USDA employees and USDA customers and producers to
view their information, complete transactions, quickly review
the status of and submit applications for FPAC programs, and
receive program payments for all USDA farm programs including,
but not limited to, loans, conservation, disaster, dairy, or
other programs. All farm programs which require direct
application from the farmer, rancher, or producer should be
considered for expansion of the Farmers.gov application and
functions.
Property Damage.--The Committee directs the Secretary to
submit a report to the Committee on how USDA may reimburse
landowners along the United States' southern border for
property damages related to migrant trespassing. Such damage
shall include livestock loss and damage; crop loss and damage;
damage to fences; damage to physical structures; and property
loss and damage.
Staffing.--The Committee is concerned about FSA's ability
to attract and retain field staff to do FSA's critical work in
rural communities. The Committee is also concerned that local
FSA offices are often tasked with implementing new programs
with little notice. The Committee directs the Secretary to
report on a plan to address retention and communication between
FSA offices and the national office. Additionally, the
Committee encourages FSA to factor in administration of
disaster assistance programming when contemplating additional
staffing resources needed to successfully carry out its
mission.
STATE MEDIATION GRANTS
2023 appropriation.................................... $7,000,000
2024 budget estimate.................................. 7,000,000
Provided in the bill.................................. 6,000,000
Comparison:
2023 appropriation.................................. -1,000,000
2024 budget estimate................................ -1,000,000
COMMITTEE PROVISIONS
For State Mediation Grants, the Committee provides an
appropriation of $6,000,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
2023 appropriation.................................... $7,500,000
2024 budget estimate.................................. 7,000,000
Provided in the bill.................................. 7,500,000
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ +500,000
COMMITTEE PROVISIONS
For the Grassroots Source Water Protection Program, the
Committee provides an appropriation of $7,500,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
2023 appropriation.................................... $500,000
2024 budget estimate.................................. 500,000
Provided in the bill.................................. 500,000
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Dairy Indemnity Program (DIPP), the Committee
provides an appropriation of such sums as may be necessary
(estimated to be $500,000 in the President's fiscal year 2024
budget request).
PFAS chemicals.--The Committee is aware that some dairy
farms are unable to sell their milk as a result of
contamination from a family of synthetic chemicals,
collectively known as ``PFAS'' chemicals. The Committee notes
that USDA updated the DIPP to provide additional options to
dairy producers impacted by PFAS contamination and looks
forward to continuing to work with USDA, other State and
Federal partners, and producers to mitigate the impacts of
PFAS.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2023 loan level....................................... $10,652,312,000
2024 budget estimate.................................. 10,685,584,000
Provided in the bill.................................. 10,685,584,000
Comparison:
2023 loan level..................................... +33,272,000
2024 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Agricultural Credit Insurance Fund program account,
the Committee provides a loan level of $10,685,584,000.
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 2023 enacted FY 2024 estimate provision
----------------------------------------------------------------------------------------------------------------
Farm Loan Programs:
Farm Ownership:
Direct................................................ $3,100,000 $3,100,000 $3,100,000
Unsubsidized Guaranteed............................... 3,500,000 3,500,000 3,500,000
Farm Operating:
Direct................................................ 1,633,333 1,633,000 1,633,000
Unsubsidized Guaranteed............................... 2,118,491 2,118,491 2,118,491
Emergency Loans........................................... 4,062 37,667 37,667
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........................... 5,000 5,000 5,000
Boll Weevil Eradication................................... 60,000 60,000 60,000
Relending Program......................................... 61,426 61,426 61,426
-----------------------------------------------------
Total............................................. 10,652,312 10,685,584 10,685,584
----------------------------------------------------------------------------------------------------------------
The following table reflects the costs of loan programs
under credit reform:
AGRICULTURE CREDIT PROGRAMS--SUBSIDIES AND GRANTS
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2023 enacted FY 2024 estimate provision
----------------------------------------------------------------------------------------------------------------
Farm Loan Subsidies:
Farm Operating:
Direct................................................ $23,520 $27,598 $27,598
Unsubsidized Guaranteed............................... 11,228 1,483 1,483
Emergency Loans........................................... 249 3,507 3,507
Indian Highly Fractionated Land........................... 894 1,577 1,577
Relending Program......................................... 10,983 19,368 19,368
Boll Weevil Eradication................................... - - - 258 258
-----------------------------------------------------
Total............................................. 46,874 53,791 53,791
ACIF Expenses:
FSA Salaries and Expenses............................. 305,803 321,621 305,803
Program Administrative Expenses....................... 20,658 20,250 20,250
-----------------------------------------------------
Subtotal, Administrative Expenses............. 326,461 341,871 326,053
-----------------------------------------------------
Total, ACIF Expenses.............................. $373,335 $395,662 $379,844
----------------------------------------------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
2023 appropriation.................................... $66,870,000
2024 budget estimate.................................. 77,897,000
Provided in the bill.................................. 63,637,000
Comparison:
2023 appropriation.................................. -3,233,000
2024 budget estimate................................ -14,260,000
COMMITTEE PROVISIONS
For the Risk Management Agency (RMA), the Committee
provides an appropriation of $63,637,000.
Administrative and Operating (A&O) Expenses.--The Committee
notes that the explanatory statement accompanying the
Consolidated Appropriations Act, 2023 encourages RMA to provide
an annual inflation adjustment to A&O expenses and to provide
equitable relief for specialty crop policies, recognizing RMA's
authority to do so without a renegotiation of the Standard
Reinsurance Agreement (SRA) in a manner similar to a previous
inflation adjustment. The Committee notes that inflation
adjustments are not mentioned in the SRA. Instead, an RMA
Manager's Bulletin from June 30, 2010 (MGR-10-007) provided for
the adjustments. For each year, RMA published an Informational
Memorandum announcing the adjustment for that year (see, for
example, ``Federal Crop Insurance: Delivery Subsidies in
Brief'', CRS, August 20, 2018). Given the adjustments then were
initiated outside the SRA, the Committee urges RMA to initiate
the adjustments going forward in the same manner. In doing so,
RMA may provide adjustments without renegotiation of the SRA
and without violating 7 U.S.C. 1508(k)(8).
Alfalfa.--The Committee recognizes alfalfa to be an
important domestic forage crop valued for nitrogen fixation,
soil conservation, crop rotation, and as a natural habitat.
From 2002 through 2021, alfalfa acreage has declined 33.4
percent. The Committee encourages RMA to explore the creation
of a revenue and/or quality alfalfa crop insurance policy to
ensure producers have a safety net that they need to produce
this important crop.
Rainfall Index Program.--The Committee recognizes the
unique geographic, geological, and atmospheric characteristics
of U.S. non-contiguous States and territories when developing
insurance products for pasture, rangeland, and forage (PRF)
areas. The Committee further recognizes that NOAA's Climate
Prediction Center provides the data for the Rainfall Index
Program, but has limited data for Alaska, Hawaii, and the U.S.
Territories. The Committee encourages RMA to continue to look
for potential alternative data sources for these regions and to
examine the feasibility of a rainfall index program for U.S.
non-contiguous States and Territories that protects against
yield losses caused by low precipitation for PRF areas.
Quality Losses.--The Committee urges RMA to evaluate and
consider additional products that will permit producers to
better protect themselves from losses directly and indirectly
attributed to quality losses.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
2023 appropriation.................................... $941,124,000
2024 budget estimate.................................. 1,008,266,000
Provided in the bill.................................. 911,399,000
Comparison:
2023 appropriation.................................. -29,725,000
2024 budget estimate................................ -96,867,000
COMMITTEE PROVISIONS
For Natural Resources Conservation Service (NRCS)
Conservation Operations, the Committee provides an
appropriation of $911,399,000.
The Committee provides $16,751,000 for the Snow Survey and
Water Forecasting Program; $9,751,000 for the Plant Materials
Centers; $86,257,000 for the Soil Surveys Program; and
$776,892,000 for Conservation Technical Assistance (CTA), which
includes $1,000,000 for Phragmite control. The Committee
provides $3,000,000 for a cost-share program for the
construction and repair of perimeter fencing.
The Committee notes that the Watershed Rehabilitation
program and Watershed and Flood Prevention Operations received
$118,000,000 and $500,000,000, respectively, in the
Infrastructure Investment and Jobs Act (P.L. 117-58) and that
both programs have significant unobligated balances available.
Chesapeake Bay States' Partnership Initiative.--The
Committee recognizes the important role of voluntary
conservation practices in protecting and restoring waterways,
especially when deployed at scale. To enhance the resiliency of
farmland and reduce nutrient and sediment pollution in line
with the most recent Chesapeake Bay Watershed Agreement, USDA
created the Chesapeake Bay States' Partnership Initiative. The
Committee supports this Initiative and directs USDA to leverage
additional conservation resources for agricultural producers in
the Chesapeake Bay watershed to support the implementation of
the Chesapeake Bay jurisdictions' watershed implementation
plans. The Committee also urges USDA to target additional CTA
funds in the most effective basin areas of the watershed and to
prioritize conservation practices that build on-farm.
COMET-Farm Tool.--The Committee encourages NRCS to engage
with partners throughout the country to publicize the
availability of the COMET-Farm tool. The Committee urges the
Secretary to continue to support COMET-Farm technological
improvements that would increase usage by farmers and to
provide continued assistance, improvements, and outreach on the
COMET-Farm tool through CTA.
Conservation Programs Timeline.--The Committee recognizes
the importance of NRCS's conservation programs and their
positive impact on water and soil quality. The Committee also
recognizes that these programs must consist of realistic
timelines and outcomes as identified by the farmers using them.
The Committee encourages NRCS to review all conservation
programs to ensure their funding timelines related to
conservation planning and program delivery meet legislatively
mandated timelines to support farmers in developing their
practices and fulfilling the mission of the programs. The
Committee directs NRCS to report back on its findings and
efforts to improve program funding timelines within 180 days of
enactment.
Critical Conservation Areas (CCAs).--The Committee supports
CCAs and the collaborative regional approach to address common
natural resource goals while maintaining or improving
agricultural productivity. The Committee encourages NRCS to
provide additional CTA funds to CCAs to address conservation
planning backlogs.
Farmer Mentorship Program for Watersheds.--The Committee is
concerned about soil and water quality near watersheds such as
the Great Lakes Basin, Salton Sea, Lake Okeechobee, and the
Chesapeake Bay. The Committee recognizes that farmers may be
unaware of possible or necessary conservation efforts that
currently exist to improve soil and water quality. The
Committee encourages NRCS to leverage its recently created CAMP
mentoring effort to enhance outreach efforts with dedicated
farmers in watersheds with conservation expertise and to work
with interested farmers who would like to learn how to
implement improved conservation practices for water and soil in
their operations.
Feral Hogs.--The Committee is concerned that the feral hog
population is rapidly expanding despite efforts to constrain
their spread. To help prevent further damages to agriculture
and urban lands, the Committee provides $3,000,000 for a cost-
share program for the construction and repair of perimeter
fencing. The Committee encourages NRCS, in conjunction with
State soil and water conservation agencies, to develop a
strategy to exclude feral hogs from agricultural and urban
areas at risk of damage from localized feral hog populations
with lessons learned from the existing Feral Hog Eradication
Pilot Program. The Committee requests a report on these efforts
within 60 days of enactment.
Firebreaks and Fuel Breaks.--The Committee recognizes that
firebreaks and fuel breaks are efficient conservation measures
that can be implemented by landowners to reduce the risk or
intensity of wildfires and help firefighters by creating
defensible areas. The Committee continues to encourage NRCS to
promote and provide assistance to design and construct
firebreaks and fuel breaks in areas and communities under
heightened risk of woodland fires, consistent with the
directive in P.L. 117-328.
Harmful Algal Blooms (HABs).--The Committee strongly
supports NRCS's ongoing work to reduce nutrient loading from
agricultural sources that can contribute to the growth of HABs.
Funding shall be used for targeting watersheds where HABs pose
a threat and implementing a variety of conservation systems to
address all transport pathways of phosphorus and nitrogen from
agricultural land. Conservation planning should prioritize
fields or riparian areas with the highest risk of elevated
phosphorus and/or nitrogen losses. The Committee encourages
NRCS to use interagency agreements and cooperative agreements
focused on innovative phosphorus or nitrogen removal strategies
where agricultural runoff has contributed nutrients to a
waterbody. Such work shall be conducted in consultation with
NIFA and ARS.
High-Hazard Dams.--The Committee recognizes the large
backlog of community infrastructure projects eligible for
financial and technical assistance through the Watershed
Rehabilitation Program to address safety concerns, public
health, and environmental impacts of aging dams. The Committee
urges NRCS to prioritize the rehabilitation of dams that pose
the greatest risk to public safety.
Lake Erie Basin.--The Committee is aware that the Western
Lake Erie Basin Initiative (WLEB) is vital to researching and
conserving one of our country's precious freshwater sources,
Lake Erie. Increased levels of HABs continue to plague the lake
due to shallow depths, increased nitrogen and phosphorus
levels, and other contributing factors. The Committee
encourages NRCS to work with locally engaged academic
institutions that have worked with WLEB to review the work done
by WLEB, compare Lake Erie Basin's water quality, including
chemical, physical, and biological characteristics, over the
past decade, detail what efforts could and are being made to
improve the quality, and study the point of origin of run off
into the lake. Further, the Committee directs NRCS to make
research done on WLEB publicly available and to provide a
briefing on its findings and efforts within 180 days of
enactment.
National Resource Inventory (NRI).--The Committee
encourages NRCS to consider the feasibility of expanding the
existing NRI system to include soil sampling and analysis on an
annual rotating basis.
NRCS/Conservation Operations.--The Committee recognizes
that conservation of wildlife habitat on private lands is
essential for the recovery of many threatened and endangered
species. While Federal programs that provide direct
conservation assistance can be important contributors to
species recovery efforts, such programs might not be available
to, or appropriate for, all private landowners. Private
landowners interested in habitat conservation must be empowered
with access to the full range of conservation resources that
exist across the Federal government, state and local
governments, non-profit organizations, and private entities.
The Committee encourages NRCS to provide grants to, or enter
into cooperative agreements with, non-profit organizations with
expertise and experience in amalgamating and providing public
access to information and resources pertaining to the
conservation of wildlife habitat on private lands.
PFAS Soil Testing.--The Committee understands that soil
testing for PFAS can be prohibitively expensive and encourages
NRCS to utilize existing conservation practice standards for
soil testing to
assist producers in managing these costs.
Phragmites.--The Committee is concerned about the damage
caused by phragmites in the Chesapeake Bay. The Committee
provides $1,000,000 for phragmite control and directs NRCS to
work with relevant State agencies to provide funding and
technical assistance to control phragmites in the Chesapeake
Bay Watershed.
Resource Conservation and Development Councils (RC&Ds).--
The Committee recognizes that 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 strongly supports
NRCS's sage grouse conservation efforts. Through this
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,
western States, and private landowners to help preclude the
listing of the sage grouse as an endangered species.
Watershed Backlogs.--The Committee remains concerned about
delays with some Watershed and Flood Prevention Operations
projects and the impact such delays have on local communities.
The Committee urges NRCS to balance the needs of addressing the
project backlog, remediation of existing structures, and new
projects by prioritizing those projects which mitigate the
greatest flood risks to public safety, consistent with the
directive in P.L. 117-328.
Watershed Scale Planning.--The Committee supports expanded
capacity for USDA to engage in watershed level planning and
program implementation through basin and landscape scale
initiatives such as the Gulf Hypoxia Action Plan, the
Mississippi River Basin Healthy Watersheds Initiative, the
National Water Quality Initiative, and the Regional
Conservation Partnership Program. The Committee directs the
Secretary to continue cooperation with other Federal agencies
to improve water quality in these basins and watersheds,
including the Environmental Protection Agency, the Fish and
Wildlife Service, and the Army Corps of Engineers, and
recognizes the importance of cooperative partnerships with non-
governmental organizations and the private sector, such as
those joining the American rice industry and conservation
groups.
White Oak Initiative.--White oak forests are critical for
wildlife, biodiversity, and forest products, and without swift
action by private landowners and land management agencies,
there will be a significant decline of white oak forests in the
future. The Committee commends NRCS for its work to encourage
white oak conservation and promote white oak reforestation
practices and encourages NRCS to expand and coordinate these
efforts across its programs with the U.S. Forest Service.
CORPORATIONS
Federal Crop Insurance Corporation Fund
2023 appropriation.................................... $15,395,000,000
2024 budget estimate.................................. 14,695,301,000
Provided in the bill.................................. 14,695,301,000
Comparison:
2023 appropriation.................................. -699,699,000
2024 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 $14,695,301,000).
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
2023 appropriation.................................... $16,832,185,000
2024 budget estimate.................................. 10,612,000,000
Provided in the bill.................................. 10,612,000,000
Comparison:
2023 appropriation.................................. -6,220,185,000
2024 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 $10,612,000,000).
Commodity Credit Corporation.--The Committee is concerned
about the Secretary's excessive and unwarranted discretionary
use of the CCC to fund nonemergency, unauthorized programs. As
a result of the abuse of these authorities, the Committee
includes restrictions on the specific powers provided under
subsections (a) through (g) of section 5 of the Commodity
Credit Corporation Charter Act, similar to restrictions enacted
into law in fiscal years 2012 through 2017. The Committee
expects USDA to continue to carry out programs authorized by
Congress without interruption. The restrictions on the
discretionary use of the CCC in this Act do not affect programs
authorized by Congress in a Farm Bill or other legislation
enacted into law, nor do the restrictions in this Act affect
the ability of USDA to transfer funds from the CCC as
authorized by the Animal Health Protection Act or the Plant
Protection Act.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
2024 limitation....................................... ($15,000,000)
2024 budget estimate.................................. (15,000,000)
Provided in the bill.................................. (15,000,000)
Comparison:
2023 limitation..................................... - - -
2024 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
2023 appropriation.................................... $1,620,000
2024 budget estimate.................................. 1,653,000
Provided in the bill.................................. 800,000
Comparison:
2023 appropriation.................................. -820,000
2024 budget estimate................................ -853,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Rural Development
(RD), the Committee provides an appropriation of $800,000.
Advancing Clean Air and Water Initiatives.--The Committee
encourages the Department to continue investing in programs
that improve air and water quality in rural and agricultural
communities, including in programs that improve aging water
infrastructure and protect water quality, help rural
communities withstand severe storms and flooding, reduce air
pollution, restore habitats, and preserve outdoor spaces and
local farms.
Colonias and Farmworker Communities.--The Committee
recognizes the challenges facing colonias and farmworker
communities and urges USDA to work with other Federal agencies
to identify best practices and other ways to further assist
colonias communities and farmworkers. The Committee encourages
USDA to explore strategies to adopt and address the unique
participation challenges faced by rural communities in the
border region colonias communities.
Colonias Definition.--The Committee urges USDA to
reconsider the definition of colonias so that colonias
communities with higher population density but low incomes and
substandard living conditions may be eligible for certain USDA
programs that require a rural designation.
Loan Processing.--The Committee understands that RD loans
are a critical source of financing for rural communities. The
Committee appreciates the sometimes-needed complementary
coordination between national and State offices for certain
loans but urges USDA to process loans in a timely manner.
Persistent Poverty Areas.--The Committee supports targeted
investments in impoverished areas. The Committee urges USDA to
implement measures to increase the share of investments in
persistent poverty counties, distressed communities, and any
other impoverished areas. The Committee directs USDA to define
performance measures, increase capacity to collect and analyze
data, evaluate data sets, and develop a report to the Committee
on how investments in persistently poor communities have
improved economic outcomes.
Streamlining Applications.--The Committee recognizes GAO
Report 21-579, which found that HUD, EDA, and USDA have similar
requirements for stakeholder engagement, strategic planning,
and application requirements other requirements for State and
local organizations applying for economic development programs.
Per the report, while HUD and EDA have a written agreement to
align requirements and issue joint guidance to streamline the
application process, USDA does not have such a report. The
Committee urges USDA to work with EDA and HUD to evaluate
economic development programs and, where feasible, enter into
such an interagency agreement. The Committee requests an update
on these efforts within 180 days of enactment of this Act.
Weather Resilience.--The Committee encourages RD to
optimize opportunities to provide technical and financial
assistance to distressed rural and tribal communities to
support weather resilience activities and protect rural
economies from increased risk and vulnerabilities from weather
variation.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Committee
FY 2023 enacted FY 2024 estimate provision
----------------------------------------------------------------------------------------------------------------
Appropriations............................................ $351,087,000 $527,182,000 $331,087,000
Transfers from:
Rural Housing Insurance Fund Program Account.......... 412,254,000 412,254,000 412,254,000
Rural Development Loan Fund Program Account........... 4,468,000 4,468,000 4,468,000
Rural Electrification and Telecommunications Loan 33,270,000 33,270,000 33,270,000
Program Account......................................
Total, RD Salaries and Expenses................... $801,079 $977,624,000 $781,079,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For Rural Development, Salaries and Expenses, the Committee
provides an appropriation of $331,087,000. The Committee does
not include any resources for the Rural Partners Network.
Rural Development Staffing.--The Committee is concerned by
the pace of operations at RD loan, subsidy, and grant program
offices due to reported staffing shortages. With authority over
sizeable financial resources, these programs are uniquely
poised to provide essential services to and increase the
economic competitiveness of underserved rural areas. Such
delays and uncertainty deter potential applicants and
fundamentally undercut the programs' potential impact. The
Committee directs USDA to review its RD loan, subsidy, and
grant staffing levels and use its appropriated funds to hire
staff to process applications in a timelier manner.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Loan level Subsidy level Administrative
expenses
----------------------------------------------------------------------------------------------------------------
2023 Appropriation...................................... $31,795,500 $105,103 $412,254
2024 Budget Estimate.................................... 32,232,000 383,595 412,254
Provided in the Bill.................................... 31,403,691 153,922 412,254
Comparison:
2023 Appropriation.................................... -391,809 +48,819 - - -
2024 Budget Estimate.................................. -828,309 -229,673 - - -
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Rural Housing Insurance Fund program account, the
Committee provides a loan level of $31,403,691,000. The
Committee does not provide the authority or resources for
ending the recapture requirement for Section 502 direct loans.
Decoupling.--The Committee remains interested in the
request to decouple rental assistance from Section 515 loans
and find effective strategies to protect access to affordable
housing for families in rural areas. However, USDA has yet to
conduct the three listening sessions as directed in the
Explanatory Statement accompanying P.L. 117-328 to determine
potential implementation, identify any resident concerns, and
examine long-term costs of decoupling. The Committee has also
inquired about the scalability of the proposal, potentially
selecting those units most in jeopardy of being lost and to
test the practice but awaits Department input on identifying a
cohort of the portgraphic to pilot decoupling.
Farm Labor Housing.--The Committee encourages USDA to
explore opportunities to leverage its resources, including its
Food and Nutrition Programs, Community Facilities Programs,
Housing Preservation Grants, and other programs, and to create
partnerships with the Department of Labor's Farmworker Housing
outreach and technical assistance program, Health Resources and
Services Administration's Health Center Program, and the
Administration for Children and Families Migrant and Seasonal
Head Start Program, to coordinate and align resources to
address the housing, nutrition and healthcare needs of this
vulnerable population of essential workers who play a critical
role in America's food security. The Committee further
encourages USDA to explore including service coordinators as an
allowable expenditure for farm labor housing projects.
Rural Housing Preservation.--The Committee appreciates RD
efforts to ensure Section 515 and Section 514 properties with
maturing mortgages or owners pre-paying their mortgage remain
affordable. The Committee encourages RD to take additional
steps to streamline the approach to housing preservation and
affordability, including working closely with nonprofits and
local housing authority buyers committed to preservation and
affordability. The Committee recognizes the urgent need to
preserve rural affordable housing units. To assist the
facilitation of transfers, the Committee encourages USDA to
prioritize no more than fifty percent of Section 515 and
Section 514 funds for use by public bodies or non-profit
organizations or their affiliates (any limited partnership in
which the general partner is a nonprofit entity with a
principal purpose of providing affordable housing) to acquire
and rehabilitate properties financed under sections 514 and 515
to retain long-term use by eligible households.
The following table reflects the loan levels for the Rural
Housing Insurance Fund program account:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
FY 2024 Committee
FY 2023 enacted estimate provision
----------------------------------------------------------------------------------------------------------------
Rural Housing Insurance Fund Loans
Direct............................................ $1,250,000 $1,500,000 $880,691
Native American Re-Lending Demonstration Program.. 7,500 12,000 5,000
Unsubsidized Guaranteed........................... 30,000,000 30,000,000 30,000,000
Housing Repair (sec. 504)............................. 28,000 50,000 25,000
Rental Housing (sec. 515)............................. 70,000 200,000 60,000
Multi-family Guaranteed (sec. 538).................... 400,000 400,000 400,000
Site Development Loans................................ 5,000 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 5,000
Farm Labor Housing.................................... 20,000 50,000 13,000
-----------------------------------------------------
Total, Loan Authorization......................... $31,403,691 $32,232,000 $31,403,691
----------------------------------------------------------------------------------------------------------------
The following table reflects the costs of loan programs
under credit reform:
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 23 enacted FY 24 estimated provision
----------------------------------------------------------------------------------------------------------------
Single Family Housing (sec. 502):
Direct............................................ $46,375 $205,950 $86,660
Native American Re-Lending Demonstration Program.. 2,468 5,498 2,288
Housing Repair (sec. 504)......................... 2,324 8,675 4,337
Rental Housing (sec. 515)............................. 13,377 69,960 20,998
Multifamily Housing Revitalization.................... 36,000 75,000 34,000
Farm Labor Housing.................................... 4.084 17,405 4,525
Site Development (sec. 524)........................... 208 477 477
Self-Help Land (sec. 523)............................. 267 637 637
-----------------------------------------------------
Total, Loan Subsidies............................. 105,103 383,595 153,922
Farm Labor Housing Grants............................. 10,000 18,000 5,000
RHIF Expenses:
Administrative Expenses........................... $412,254 $412,054 $412,254
----------------------------------------------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
2023 appropriation.................................... $1,487,926,000
2024 budget estimate.................................. 1,688,109,000
Provided in the bill.................................. 1,606,926,000
Comparison:
2023 appropriation.................................. +119,000,000
2024 budget estimate................................ -81,183,000
COMMITTEE PROVISIONS
For the Rental Assistance Program, the Committee provides
an appropriation of $1,606,926,000. This provides the estimated
amount to fully fund the program. The Committee rejects the
proposal to merge the housing vouchers program into this
account.
RURAL HOUSING VOUCHER ACCOUNT
2023 appropriation.................................... $48,000,000
2024 budget estimate.................................. - - -
Provided in the bill.................................. 48,000,000
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ +48,000,000
COMMITTEE PROVISIONS
For the Rural Housing Voucher Account, the Committee
provides an appropriation of $48,000,000.
MUTUAL AND SELF-HELP HOUSING GRANTS
2023 appropriation.................................... $32,000,000
2024 budget estimate.................................. 40,000,000
Provided in the bill.................................. 25,000,000
Comparison:
2023 appropriation.................................. -7,000,000
2024 budget estimate................................ -15,000,000
COMMITTEE PROVISIONS
For the Mutual and Self-Help Housing program, the Committee
provides an appropriation of $25,000,000.
RURAL HOUSING ASSISTANCE GRANTS
2023 appropriation.................................... $48,000,000
2024 budget estimate.................................. 70,000,000
Provided in the bill.................................. 35,000,000
Comparison:
2023 appropriation.................................. -13,000,000
2024 budget estimate................................ -35,000,000
COMMITTEE PROVISIONS
For the Rural Housing Assistance Grants program, the
Committee provides an appropriation of $35,000,000, including
$10,000,000 for rural housing preservation grants.
The Committee notes that remaining carryover balances from
prior year appropriations remain unobligated, including
supplemental resources provided in Division N of P.L. 117-328.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2023 appropriation.................................... $341,490,000
2024 budget estimate.................................. 86,745,000
Provided in the bill.................................. 327,636,000
Comparison:
2023 appropriation.................................. -13,854,000
2024 budget estimate................................ +240,891,000
COMMITTEE PROVISIONS
For the Rural Community Facilities Program Account, the
Committee provides an appropriation of $327,636,000.
Workforce Housing.--The Committee understands the need for
dormitories for firefighters, first responders, and rural
healthcare facilities to temporarily house employees and the
value this provides to communities. The Committee notes that
the Community Facilities program permits the construction of
congregate housing, as it is not considered standard housing,
and directs USDA to examine opportunities within the Community
Facilities program to permit the construction of dormitories
for firefighters, first responders, and rural healthcare
facilities.
The following table provides the Committee's
recommendations as compared to the budget request:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2023 enacted FY 2024 estimate provision
----------------------------------------------------------------------------------------------------------------
Loan Levels:
Community Facility Direct Loans.................... ($2,800,000) ($2,800,000) ($2,800,000)
Community Facility Guaranteed Loans................ (650,000) (650,000) (650,000)
Subsidy and Grants:
Community Facility Grants.......................... 325,490 52,000 316,636
Rural Community Development Initiative............. 6,000 12,000 5,000
Tribal College Grants.............................. 10,000 10,000 6,000
--------------------------------------------------------
Total, Rural Community Facilities Program $341,490 $86,745 $327,636
Subsidy and Grants............................
----------------------------------------------------------------------------------------------------------------
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
2023 appropriation.................................... $86,250,000
2024 budget estimate.................................. 103,600,000
Provided in the bill.................................. 68,840,000
Comparison:
2023 appropriation.................................. -17,680,000
2024 budget estimate................................ -34,760,000
COMMITTEE PROVISIONS
For the Rural Business Program Account, the Committee
provides an appropriation of $68,840,000.
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.
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, RD 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.
Infant Formula.--The Committee remains concerned about
infant formula shortages and supply chain fragility for sole
source nutrition for babies. The Committee encourages USDA to
ensure that small infant formula manufacturing rural areas are
aware of their eligibility for the Business & Industry Loan
Guarantees Program and the Food Supply Chain Expansion Loan
Program. This inclusion will help prevent future infant formula
shortages by supporting the diversification of U.S.-based
infant formula manufacturers and helping bolster domestic
production capabilities.
Meat and Poultry Processing.--The Committee encourages USDA
to promote geographic diversity in distributing awards through
the Meat and Poultry Processing Program and to consider regions
that need additional processing capacity and have yet to
receive awards through the Meat and Poultry Processing
Expansion Program.
State Technology Councils.--The Committee is concerned
about the lack of private sector-driven rural economic
development in many regions. The Committee appreciates the
value of State technology councils in promoting business
development in rural areas, including diversifying into the
bio-sciences and technology industry.
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.
The following table provides the Committee's
recommendations as compared to the budget request:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2023 enacted FY 2024 estimate provision
----------------------------------------------------------------------------------------------------------------
Loan Level:
Business and Industry Guaranteed Loans............. ($1,800,000) ($1,800,000) ($1,800,000)
Subsidy and Grants:
Business and Industry Guaranteed Loans............. 38,250 47,600 42,840
Rural Business Development Grants.................. 37,000 40,000 20,000
Rural Innovation Stronger Economy Grants........... 2,000 7,000 - - -
Delta Regional Authority/Appalachian Regional 9,000 9,000 6,000
Commission/Northern Border Regional Commission....
--------------------------------------------------------
Total, Rural Business Program Subsidy and $86,250 $103,600 $68,840
Grants........................................
----------------------------------------------------------------------------------------------------------------
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Administrative
Loan level Subsidy level expenses
----------------------------------------------------------------------------------------------------------------
2023 Appropriation..................................... $18,889 $3,313 $4,468
2024 Budget Estimate................................... 18,890 5,733 4,468
Provided in the Bill................................... 16,000 4,856 4,468
Comparison:
2023 Appropriation................................... -2,889 +1,543 - - -
2024 Budget Estimate................................. -2,890 -877 - - -
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Intermediary Relending Program Fund Account, the
Committee provides for a loan level of $16,000,000.
For the loan subsidy, the Committee provides an
appropriation of $4,856,000. In addition, the Committee
provides $4,468,000 for administrative expenses.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
2023 appropriation.................................... $75,000,000
2024 budget estimate.................................. 75,000,000
Provided in the bill.................................. 75,000,000
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Rural Economic Development Loans Program Account,
the Committee provides for a loan level of $75,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS
2023 appropriation.................................... $28,300,000
2024 budget estimate.................................. 29,800,000
Provided in the bill.................................. 19,600,000
Comparison:
2023 appropriation.................................. -8,700,000
2024 budget estimate................................ -10,200,000
COMMITTEE PROVISIONS
For Rural Cooperative Development Grants, the Committee
provides an appropriation of $19,600,000.
This total includes $2,800,000 for a cooperative agreement
for the Appropriate Technology Transfer for Rural Areas program
and $8,000,000 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
2023 appropriation.................................... $6,000,000
2024 budget estimate.................................. 8,250,000
Provided in the bill.................................. 6,000,000
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ -2,250,000
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.
RURAL ENERGY FOR AMERICA PROGRAM
2023 appropriation.................................... - - -
2024 budget estimate.................................. 30,000,000
Provided in the bill.................................. - - -
Comparison:
2023 appropriation.................................. -18,000
2024 budget estimate................................ -30,000,000
COMMITTEE PROVISIONS
For the Rural Energy for America Program, the Committee
provides a loan authorization level of $50,000,000 to make
loans as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107) to farmers,
ranchers, and rural small businesses to assist with purchasing
renewable energy systems and making energy efficiency
improvements.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2023 appropriation.................................... $596,404,000
2024 budget estimate.................................. 882,295,000
Provided in the bill.................................. 587,120,000
Comparison:
2023 appropriation.................................. -9,284,000
2024 budget estimate................................ -295,175,000
COMMITTEE PROVISIONS
For the Rural Water and Waste Disposal Program Account, the
Committee provides an appropriation of $587,120,000.
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.
The following table provides the Committee's
recommendations as compared to the budget request:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Loan Levels:
Water and Waste Direct Loans....................... ($1,420,000) ($1,610,000) ($1,000,000)
Water and Waste Guaranteed Loans................... (50,000) (50,000) (50,000)
Subsidy and Grants:
Direct Subsidy..................................... 2,724 154,895 83,500
Water and Waste Revolving Fund..................... 1,000 1,000 1,000
Rural Decentralized Water System Grants............ 5,000 5,000 4,000
Grants for the Colonias and AK/HI.................. 70,000 87,000 30,000
Water and Waste Technical Assistance Grants........ 37,500 42,000 37,500
Circuit Rider Program.............................. 21,180 25,000 21,817
Solid Waste Management Grants...................... 4,000 4,000 4,000
High Energy Cost Grants............................ 10,000 10,000 - - -
Water and Waste Disposal Grants.................... 430,000 538,400 395,303
306A(i)(2) Grants.................................. 15,000 15,000 10,000
--------------------------------------------------------
Total, Subsidies and Grants.................... $596,404 $882,295 $587,120
----------------------------------------------------------------------------------------------------------------
Border Communities.--The Committee is concerned that the
water and wastewater needs of colonias communities that suffer
from high rates of poverty along the southern border are not
being adequately addressed. The Committee encourages USDA to
support qualified non-profit organizations to provide technical
assistance and/or construction projects to help colonias
communities with accessing USDA's water and wastewater programs
and services.
Circuit Rider Program.--The Committee encourages USDA to
ensure critically needed assistance under the Circuit Rider
Program is appropriately targeted to communities in persistent
poverty counties, including persistent poverty communities in
border colonias regions.
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
EPA's definition of public water systems while implementing the
domestic preference provision.
Lead Service Lines.--The Committee recognizes the health
hazards posed by lead service lines and urges USDA to
prioritize the replacement of lead service lines in rural
areas. The Committee includes additional resources over fiscal
year 2022 to assist in mitigating lead hazards.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Administrative
Loan level Subsidy level expenses
----------------------------------------------------------------------------------------------------------------
2023 Appropriation.................................. $8,090,000 $48,496 $33,270
2024 Budget Estimate................................ 7,190,000 89,946 33,270
Provided in the Bill................................ 8,090,000 44,024 33,270
Comparison:
2023 Appropriation................................ - - - -4,472 - - -
2024 Budget Estimate.............................. +900,000 -45,992 - - -
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Rural Electrification and Telecommunications Loans
Program Account, the Committee provides a loan level of
$8,090,000,000. 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 2023 FY 2024 Committee
enacted estimate provision
------------------------------------------------------------------------
Loan Authorizations
Electric:
Direct, FFB............... $2,167,000 $2,167,000 $2,167,000
Direct, Treasury.......... 4,333,000 4,333,000 4,333,000
Guaranteed Underwriting... 900,000 - - - 900,000
-----------------------------------------
Subtotal.............. 7,400,000 6,500,000 7,400,000
Telecommunications:
Direct, Treasury Rate..... 690,000 690,000 690,000
Direct, FFB............... - - - - - - - - -
-----------------------------------------
Total, Loan $8,090,000 $7,190,000 $8,090,000
Authorizations.......
------------------------------------------------------------------------
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in thousands]
------------------------------------------------------------------------
FY 2023 FY 2024 Committee
enacted estimate provision
------------------------------------------------------------------------
Rural Electrification and
Telecommunication Loans
Technical Assistance - - - $15,000 - - -
Grants...................
Rural Energy Savings $11,500 34,500 $7,176
Program..................
Telecommunications Direct, 3,726 7,176 3,578
Treasury.................
Treasury Modifications.... - - - 25,000 - - -
Rural Clean Energy - - - 15,000 - - -
Initiative...............
Administrative Expenses... 33,270 33,270 33,270
-----------------------------------------
Total, Rural 48,496 89,946 44,024
Electrification and
Telecommunications...
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
[Dollars in thousands]
------------------------------------------------------------------------
FY 2023 FY 2024 Committee
enacted estimate provision
------------------------------------------------------------------------
Broadband Program:
Loan Authorization........ $14,674 $14,674 $14,674
Loan Subsidy.............. 3,000 2,037 2,037
Community Connect Grants.. 35,000 35,000 30,000
Broadband ReConnect Loans 363,513 400,000 269,385
and Grants...............
Distance Learning and
Telemedicine:
Grants.................... 64,991 65,000 56,973
-----------------------------------------
Total, Loan Subsidy $466,504 $502,037 $358,395
and Grants...........
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Distance Learning, Telemedicine, and Broadband
Program, the Committee provides an appropriation of
$358,395,000.
Application Process.--The ReConnect program shall not
provide a scoring disadvantage based specifically upon the form
of organization or commercial status of a broadband service
provider. The Committee again reminds the Department that
funding should not be used in areas that are already largely
served and should be focused in areas where at least 90% of
households lack access. In so doing, the Committee intends that
USDA should avoid efforts that could duplicate existing or
planned broadband networks in areas where another provider has
already received funding from another Federal, State, or local
funding program to build, has otherwise committed to a
government entity to build, or has invested private risk
capital to build in an area to provide service.
To achieve these goals, we urge USDA to continue
coordinating closely with the National Telecommunications
Information Administration and the Federal Communications
Commission (FCC) in a transparent manner to ensure that there
is a common agreement about which areas are currently unserved,
utilize a common map used to reach those conclusions that is
updated each time a new funding decision is issued, and a clear
and understandable challenge process.
To avoid waste, funding should be given only to applicants
that can and will follow through with their commitments by
prioritizing applications from applicants that have
demonstrated the technical and financial experience required to
construct and operate broadband networks.
To incentivize participation, applications should be as
streamlined as possible, including allowing all providers to
offer proof of financial capability through bond ratings
instead of submitting financial documentation and to offer
collateral for loans as well as security for performance under
grants using alternative forms of security instead of providing
a first lien on assets. Applications should only require the
data strictly necessary to evaluate the application, and post-
award burdens should be minimized.
Broadband and Tribal Colleges and Universities.--The
Committee encourages the Secretary to explore opportunities to
expand broadband for 1994 Institutions (as defined in Sec. 532
of the Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note) under the Rural Electrification Act of 1936 (7
U.S.C. 901 et seq.)). Stronger efforts are needed to support
expansion and maintenance of broadband connectivity, including,
but not limited to, equipment costs, maintenance of broadband
systems, broadband infrastructure expansion, and ongoing
broadband operations expenses directly related to 1994
Institutions broadband systems.
Cost-Benefit Analysis.--The Committee directs USDA to
conduct a cost-benefit analysis on the most efficient and
economical means of broadband deployment to connect unserved
rural areas. The report shall be submitted to the Committee
within 180 days of enactment of this Act.
Indian Country Broadband.--The Committee urges USDA to
responsibly and efficiently take action to address broadband
deficiencies through increased access and investments for
broadband on rural tribal lands.
ReConnect.--The Committee provides an additional
$260,000,000 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.
ReConnect Application.--The Committee recognizes that
difficulties caused by supply chain disruptions can make
administration of broadband projects more difficult but
encourages USDA to work to expeditiously disburse ReConnect
funds once grants and loans are awarded. Additionally, the
Committee encourages the Department to examine and
appropriately adjust collateral requirements within ReConnect
Loan Agreements, Grant Agreements, or Loan/Grant Agreements to
ensure greater Program access.
ReConnect Coordination.--The Committee recognizes the
certain burdens facing small telecommunication providers in
rural America that seek financial assistance through the
ReConnect program. Rural broadband providers are community
institutions that are leading the way to close the digital
divide. Government assistance programs should not further
complicate these small companies with costly applications and
confusing regulatory compliance requirements. The Committee
urges continued partnerships with other Federal agencies to
review various Federal broadband program requirements in
efforts to better understand program nuances and promote
harmonization of Federal broadband application processes.
ReConnect Scoring Criteria.--The ReConnect program shall
establish a scoring criterion that prioritizes serving the
hardest to reach, unserved and underserved rural communities.
ReConnect Service Areas.--RUS Telecommunications Program
funds should not be awarded in any areas, study areas or census
blocks where a recipient of FCC High-Cost USF support is
already subject to a buildout obligation of 25/3 Mbps or
greater for fixed terrestrial broadband, except that RUS
Telecommunication Program funds may be awarded in such areas to
help finance construction of the network. This shall not apply
in cases where the FCC has not provided for final approval of
an award of such funds.
ReConnect Technical Assistance.--The Committee recognizes
that there is a greater need for technical assistance for small
rural communities applying for USDA loans and grants. The
Committee directs USDA to continue a broadband technical
assistance strategy to better support rural communities. This
effort will assist applicants with initial planning and
development of applications for USDA broadband loans and
grants. This may include, but is not limited to, the review of
program eligibility, review of program processes, one-on-one
assistance with application development, and implementation of
broadband in the area of the applying entity. This effort must
provide program analysts within USDA to provide one-on-one
technical assistance to applying entities throughout the
ReConnect application process.
Rural Telehealth.--The Committee supports the Memorandum of
Understanding entered into on August 31, 2020, establishing a
Rural Telehealth Initiative between HHS, the FCC, and USDA.
Together, this important initiative can leverage the expertise
of each respective agency and improve collaboration amongst
entities tasked with addressing rural telehealth access.
Agencies involved in this initiative should prioritize
opportunities to continue the expansion of telehealth services
and close the digital divide.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
2023 appropriation.................................... $1,376,000
2024 budget estimate.................................. 1,416,000
Provided in the bill.................................. 800,000
Comparison:
2023 appropriation.................................. -576,000
2024 budget estimate................................ -616,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food, Nutrition,
and Consumer Services, the Committee provides an appropriation
of $800,000.
The Committee recognizes USDA's efforts to improve the SNAP
and WIC shopping experience through online purchasing and
encourages FNS to build upon its current efforts.
The Committee is aware of USDA's work to improve customer
service through language access and to ensure applications are
available in multiple languages and requests an update on such
activities.
Cultural Foods.--The Committee encourages FNS within 180
days of enactment of this Act to make recommendations to
include more cultural food options in domestic food programs.
Local Food.--The Committee encourages all nutrition
programs, to the extent feasible, to explore innovative ways to
procure food directly from local producers. The Committee also
encourages the Department of Defense and FNS to review current
practices to identify opportunities to increase local food
purchases in the Fresh Fruit and Vegetable Program.
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 within one week of their release to WIC State
administrators.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
2023 appropriation.................................... $28,545,432,000
2024 budget estimate.................................. 32,030,897,000
Provided in the bill.................................. 31,996,363,000
Comparison:
2023 appropriation.................................. +3,450,931,000
2024 budget estimate................................ -34,534,000
COMMITTEE PROVISIONS
For the Child Nutrition Programs, the Committee provides an
appropriation of $31,996,363,000.
Food Waste Education.--USDA's nutrition programs reach
nearly one in four Americans every day, including approximately
30 million children through school feeding programs. This
provides a significant opportunity to increase public awareness
of food loss and waste and ways to prevent it. The Committee
encourages USDA to include food waste education and prevention
information in all nutrition education materials geared toward
teachers, students, and other program recipients.
Local School Wellness Policies.--Any difficulty in having
access to healthy food amongst youth can cause significant
issues, including a higher risk of obesity and eating
disorders. The Committee requests a report within 120 days of
the enactment of this Act on FNS' progress to inform State
Education Agencies that obesity and eating disorder information
can be included in local school wellness policies.
Summer Food Service Program.--The Committee supports FNS
allowing State agencies to enable Summer Food Service Program
service institutions that serve such areas where eligible
children and youth have limited access to a congregate feeding
site to use their customary reimbursement payments to develop
and implement innovative methods to deliver or otherwise make
available foods to eligible children and youth by non-
congregate means or in non-congregate settings.
Team Nutrition.--The Committee supports the nutritional
health of school children and recognizes the need for
additional support for schools to meet certain nutrition
standards for school meals, particularly for sodium and whole
grains. The Committee encourages FNS to help schools meet these
targets and directs FNS to report on the use of funds to assist
schools.
Tribal Demonstration.--The Committee encourages FNS to
provide a report within 180 days of enactment on establishing a
pilot project that allows Indian tribes to directly administer
programs funded through USDA's Child Nutrition Programs.
The Committee provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program................................. $16,427,651
School breakfast program............................. 6,045,213
Child and adult care food program.................... 4,185,721
Summer food service program.......................... 846,331
Summer EBT Benefits.................................. 1,700,000
Special milk program................................. 6,651
State administrative expenses........................ 661,591
Commodity procurement................................ 1,948,518
Team Nutrition....................................... 18,004
Food safety education................................ 4,196
Coordinated review................................... 10,000
Computer support and processing...................... 33,738
CACFP training and technical assistance.............. 45,996
Child Nutrition Program studies and evaluations...... 21,005
Child Nutrition payment accuracy..................... 12,315
Farm to school tactical team......................... 6,433
School meals equipment grants........................ 20,000
Farm to School grants................................ 3,000
Total............................................ $31,996,363
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
2023 appropriation.................................... $6,000,000,000
2024 budget estimate.................................. 6,300,000,000
Provided in the bill.................................. 6,000,000,000
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ -300,000,000
COMMITTEE PROVISIONS
For the Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC), the Committee provides an
appropriation of $6,000,000,000, the same as fiscal year 2023.
This funding will ensure all eligible participants are
served. USDA data shows that WIC participation rates have
remained constant since fiscal year 2020. Birth rates also
remain at an all-time low according to the Centers for Disease
Control and Prevention (CDC). Furthermore, the Secretary has a
sufficient WIC contingency reserve fund as a safety net to meet
unexpected demand. The Committee will continue to monitor WIC
participation, carryover funds, and food costs and take
additional action as necessary to ensure that funding provided
in fiscal year 2024 remains sufficient to serve all eligible
applicants.
Allergenic Foods.--The Committee encourages the Secretary
to provide nutrition education to address the early
introduction of potentially allergenic foods to align with the
most recent edition of the Dietary Guidelines for Americans
(DGA), which state that ``Potentially allergenic foods should
be introduced when other complementary foods are introduced to
an infant's diet.''
WIC Food Package.--The Committee notes that repeated
Dietary Guidelines for Americans have identified dairy products
as nutrient-dense, while also identifying a high percentage of
the U.S. population, including WIC's at-risk population, as not
consuming the recommended level of dairy. Therefore, language
is included to continue the current recommended levels of dairy
in the WIC program.
Further, the Committee is concerned that the revised whole
grain requirement for cereals under the proposed rule entitled
``Revisions in the WIC Food Packages'' issued November 21,
2022, limits gluten-free and culturally accepted options for
breakfast cereal. USDA is encouraged to complete a study with
national representation to evaluate the impact of a whole grain
only cereal standard to ensure there is no reduction in cereal
redemption before implementing this proposed change.
Zika Outreach and Education.--The Committee encourages USDA
to continue its education and outreach efforts through the WIC
program to provide pregnant women with the information they
need to prevent Zika.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
2023 appropriation................................... $153,863,723,000
2024 budget estimate................................. 149,645,237,000
Provided in the bill................................. 121,996,757,000
Comparison:
2023 appropriation................................. -31,866,966,000
2024 budget estimate............................... -27,648,480,000
COMMITTEE PROVISIONS
For the Supplemental Nutrition Assistance Program, the
Committee provides $121,996,757,000. The total amount includes
$3,000,000,000 for a contingency reserve to be used only in the
event and in the amount necessary. The Committee does not
provide the requested $100,000,000 within mandatory other
program costs to establish a new grant program incentivizing
State agencies to increase enrollment rates.
The Committee is aware that the Basic Allowance for Housing
that members of the military receive is not excluded as income
when calculating eligibility for SNAP. The Committee encourages
FNS to provide a report on the effect of this policy.
Data Transparency.--Within the funds provided for mandatory
other program costs, FNS is directed to collect a statistically
significant sample of retail food store SNAP transaction data,
including the cost and description of items purchased with SNAP
benefits, to the extent practicable and without affecting
retail food store document retention practices. The Committee
notes the importance of modernizing data collection practices
with verified purchase data to capture consumers natural
purchase behavior. The Committee recognizes that every SNAP
participant is different and that spending transparency would
aid in the allocation of benefits.
National Accuracy Clearinghouse (NAC).--The Committee
supports the full implementation of the NAC, which has been in
operation in States since 2013 and uses a third-party
electronic data matching system, data analytics, and public
data to determine the correct State to issue SNAP benefits.
This system enables States to efficiently and accurately
identify intrastate and interstate matches of participants,
preventing dual participation. FNS is directed to enter into an
agreement to expand the real-time automated NAC to all 53 SNAP
agencies.
Restaurant Meals Program Report.--For those unable to store
and prepare meals, the Restaurant Meals Program (RMP) is an
option to ensure that the most vulnerable low-income
individuals have access to food. The Committee encourages FNS
to provide a report on the RMP within 90 days of enactment of
this Act, including but not limited to best practices and
challenges for State participation and inclusion of locally
owned small businesses.
SNAP Card Skimming.--The Committee remains concerned about
the prevalence of SNAP benefit theft due to identity theft,
card skimming, card cloning, and other fraudulent methods. The
Committee is also concerned that Electronic Benefit Transfer
(EBT) cards lack the proper security features necessary to
protect against benefit theft. The Committee directs FNS to
engage with State and local agencies and appropriate
stakeholders to develop a more secure EBT card that contains
innovative technologies to protect against benefit theft.
SNAP-Ed.--When administering SNAP-Ed, the Committee
encourages FNS and NIFA to prioritize evidence-based
interventions that include hands-on cooking paired with
nutrition education. The Committee believes that SNAP-Ed grants
should include cooking programs that deliver community-based
nutrition education to SNAP-eligible families with the
intention of helping households maximize their food budgets and
prepare healthier meals.
Territories.--The Committee recognizes the differences in
assistance provided through Nutrition Assistance Program block
grant funding for the Commonwealth of the Northern Mariana
Islands, Puerto Rico, and American Samoa, compared to SNAP. The
Committee encourages FNS to continue engaging the appropriate
stakeholders and directs FNS to provide the Committee with
updates on the separate plans and discussions to includes these
territories in SNAP.
The Committee provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits............................................. $107,896,671
Contingency reserve.................................. 3,000,000
Administrative costs:
State administrative costs....................... 5,874,192
Nutrition Education and Obesity Prevention Grant 516,000
Program.........................................
Employment and Training.......................... 663,465
Mandatory other program costs.................... 387,543
Discretionary other program costs................ 5,998
------------------
Administrative subtotal........................ 7,447,198
Nutrition Assistance for Puerto Rico (NAP)........... 2,962,426
American Samoa....................................... 11,897
Food Distribution Program on Indian Reservations..... 165,001
TEFAP commodities.................................... 468,752
Commonwealth of the Northern Mariana Islands......... 34,812
Community Food Projects.............................. 5,000
Program access....................................... 5,000
------------------
Subtotal......................................... 3,652,888
Total.......................................... 121,996,757
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
2023 appropriation.................................... $457,710,000
2024 budget estimate.................................. 517,070,000
Provided in the bill.................................. 472,563,000
Comparison:
2023 appropriation.................................. +14,853,000
2024 budget estimate................................ -44,507,000
COMMITTEE PROVISIONS
The Committee provides an appropriation of $472,563,000 for
the Commodity Assistance Program. This includes $373,493,000
for the Commodity Supplemental Food Program, $18,000,000 for
the Farmers' Market Nutrition Program, $80,000,000 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.
Kosher and Halal Foods in TEFAP.--USDA was required to
implement a plan to increase the purchase of Kosher and Halal
food from food manufacturers with a Kosher or Halal
certification. Not later than 60 days after enactment of this
Act, the Committee directs FNS to brief the Committee on the
implementation plan required under 7 U.S.C. 7502(h) and the
efforts to increase the number of kosher and halal certified
products available beyond the nine products currently
available.
Wild Game.--The Committee is aware that TEFAP regulations
allow the use of administrative funds for the repackaging and
processing of donated wild game. Some State agencies and
eligible recipient agencies utilize a portion of annually
allocated administrative funds for this purpose. The Farm to
Food Bank Projects also allow funds to be used for wild game.
The Committee urges FNS to ensure State agencies are aware of
this option and work with State-based wild game hunger relief
programs.
NUTRITION PROGRAMS ADMINISTRATION
2023 appropriation.................................... $189,348,000
2024 budget estimate.................................. 221,193,000
Provided in the bill.................................. 136,861,000
Comparison:
2023 appropriation.................................. -52,487,000
2024 budget estimate................................ -84,332,000
COMMITTEE PROVISIONS
For Nutrition Programs Administration, the Committee
provides an appropriation of $136,861,000.
Dietary Guidelines for Americans.--The Committee recognizes
that the Dietary Guidelines for Americans is designed to
include all Americans. Given the increase in chronic disease,
the Committee directs USDA to include in the 2025-2030 Dietary
Guidelines for Americans a dietary pattern for the treatment of
diet-related diseases, including obesity and diabetes, based
exclusively on rigorous data.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
2023 appropriation.................................... $932,000
2024 budget estimate.................................. 1,035,000
Provided in the bill.................................. 875,000
Comparison:
2023 appropriation.................................. -57,000
2024 budget estimate................................ -160,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Trade and Foreign
Agricultural Affairs, the Committee provides an appropriation
of $875,000.
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
2023 Appropriation..................................... $237,330,000 $6,063,000 $243,393,000
2024 Budget Estimate................................... 256,149,000 6,063,000 262,212,000
Provided in the bill................................... 237,330,000 6,063,000 243,393,000
Comparison:
2023 appropriation................................... - - - - - - - - -
2024 budget estimate................................. -18,819,000 - - - -18,819,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Foreign Agricultural Service (FAS), the Committee
provides an appropriation of $237,330,000 and a transfer of
$6,063,000 for a total of $243,393,000.
Outreach.--The Committee encourages FAS to conduct active
outreach to HBCUs, HSIs, AANAPISIs, and any other MSI to raise
awareness of FAS career opportunities. The Committee also
encourages FAS to conduct listening sessions with current FAS
officers from MSIs to assess any additional barriers applicants
from these institutions face in entering FAS.
U.S., Central America, and Mexico Cooperation.--The
Committee continues to direct FAS to work with its counterparts
in Central America and Mexico to improve the efficiency of the
agricultural inspection process and agricultural trade
facilitation issues.
Ukraine.--The Committee recognizes that the agriculture
network of Ukraine has been severely affected by conflict and
that many villages in Ukraine rely on subsistence farmers, the
majority of whom are women. The Committee directs FAS to
provide a report within 180 days of enactment on the
agricultural situation in Ukrainian villages, including
challenges in feeding the local populace and the feasibility of
shipping seed packets to subsistence farmers.
FOOD FOR PEACE TITLE II GRANTS
2023 appropriation.................................... $1,750,000,000
2024 budget estimate.................................. 1,800,000,000
Provided in the bill.................................. 1,740,000,000
Comparison:
2023 appropriation.................................. -10,000,000
2024 budget estimate................................ -60,000,000
COMMITTEE PROVISIONS
For Food for Peace Title II grants, the Committee provides
an appropriation of $1,740,000,000.
Violence Against Women and Girls.--The Committee recognizes
the impact of the ongoing hunger crisis on women and girls and
the ways in which acute hunger and violence mutually compound
each other. The Committee directs the Administrator to provide
a report within 90 days of enactment on steps taken to address
the increase in violence and food insecurity, including the
feasibility of disaggregating data by sex and age in needs
assessments and program reporting.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
2023 appropriation.................................... $243,331,000
2024 budget estimate.................................. 243,331,000
Provided in the bill.................................. 240,000,000
Comparison:
2023 appropriation.................................. -3,331,000
2024 budget estimate................................ -3,331,000
COMMITTEE PROVISIONS
For McGovern-Dole International Food for Education and
Child Nutrition Program Grants, the Committee provides an
appropriation of $240,000,000.
In addition to the donation of U.S. agricultural
commodities, the Committee encourages USDA to leverage
voluntary organizations, cooperatives, and intergovernmental
organizations in supporting the expansion and creation of
school-based feeding programs, food banks, feeding centers, and
accompanying facilities and equipment.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2023 appropriation.................................... $6,063,000
2024 budget estimate.................................. 6,063,000
Provided in the bill.................................. 6,063,000
Comparison:
2023 appropriation.................................. - - -
2024 budget estimate................................ - - -
COMMITTEE PROVISIONS
For administrative expenses of the Commodity Credit
Corporation Export Loans Credit Guarantee Program Account, the
Committee provides an appropriation of $6,063,000.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
Food and Drug Administration
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Appropriation User fees Total, FDA S&E
----------------------------------------------------------------------------------------------------------------
2023 Appropriation.............................. $3,530,150 $3,032,643 $6,562,793
2024 Budget Estimate............................ 3,896,028 3,074,880 6,970,908
Provided in the bill............................ 3,504,150 3,074,880 6,579,030
Comparison:
2023 Appropriation............................ -26,000 +42,237 +16,237
2024 Budget Estimate.......................... -391,818 - - - -391,878
----------------------------------------------------------------------------------------------------------------
For the Food and Drug Administration, the Committee
provides $3,504,150,000 in discretionary budget authority and
$3,074,880,000 in definite user fees for a total of
$6,579,030,000. The Committee recommendation does not include
proposed user fees that are not authorized.
503A Pharmacy and 503B Outsourcing Facility Inspections.--
The Committee is concerned about reports of growing delays
between FDA inspections of human drug compounders and timely
agency follow up. The Committee understands that some of these
delays may be related to insufficient staffing and resource
issues at the FDA. The Committee awaits the report directed in
House Report 117-392 on inspections of human drug compounders.
This report will include an analysis of the average time that
it takes from the inspection to regulatory action or closure
letter. Further, this report will also provide analysis
regarding the challenges the agency faces in conducting
inspections, closing out observation and warning letters, and
identifying any additional resources the agency needs to
improve the current system.
2019 ALS Clinical Trial Guidance.--The Committee
understands that FDA recognizes the critical unmet medical need
for new, effective treatments for ALS. The burden of ALS for
patients, their families and caregivers is devastating, and the
Committee urges FDA to reaffirm its commitment to its 2019 ALS
Clinical Trial Guidance. Further, the Committee requests that
FDA report to Congress within 90 days of enactment of this Act
detailing the actions that FDA has taken to implement the 2019
ALS Clinical Trial Guidance.
Abraham Accords Region.--To help diversify and protect the
American medical product and food supply chains, the FDA shall
develop a plan in cooperation with the Secretary of State for
expanding its international presence, including consideration
of a physical office support of the Abraham Accords. FDA
foreign offices provide advice and guidance on regulatory
requirements for the safety and quality of FDA-regulated
products for sale in the United States and, as appropriate,
perform in-person inspections to verify that products exported
to the United States meet the agency's requirements. The plan
shall consider required personnel and input from other relevant
Federal agencies that would assist in facilitating interactions
with nations of the Abraham Accords on issues relevant to the
FDA. The Committee requests an update on the plan no later than
90 days after enactment of this Act.
Access to Compounded Hormones.--As the FDA reviews
recommendations from the National Academies of Sciences,
Engineering, and Medicine (NASEM) report on the Clinical
Utility of Compounded Hormones, the Committee urges FDA to
engage with compounders and other stakeholders to help ensure
access to compounded drugs for patients who need them.
Accountability for Unsafe Drug Products.--The Committee is
troubled by reports of companies knowingly withholding research
that showed their products had adverse health outcomes. The
Committee requests a briefing within 90 days of enactment of
this Act regarding the agency's surveillance and enforcement
efforts to ensure accountability for companies that withhold
material information concerning unsafe drug products.
Advanced Manufacturing.--The Committee appreciates FDA's
efforts to assess potential regulatory barriers that impede the
adoption of novel manufacturing technologies with a report
issued by NASEM and is eager to work with the agency to
establish the Advanced Manufacturing Technologies Designation
Program, which effectuates the recommendation of the Academies.
These novel technologies can help reduce drug shortages, reduce
manufacturing costs, improve product quality, and improve the
domestic manufacturing base. The Committee requests FDA provide
a briefing within 90 days of the publication of a draft
guidance on the Advanced Manufacturing Technologies Designation
Program, as described in section 506L of the Federal Food,
Drug, and Cosmetic Act (FFDCA) (as amended by section 3213 of
the Food and Drug Omnibus Reform Act). Such report shall inform
Congress of FDA's progress toward implementing this new
program, including how it is being integrated with the CDER
Emerging Technologies Program and CBER Advanced Technologies
Team, an overview of the types of technologies assessed to date
in the first year of the program, a summary of reasons why FDA
declined to designate proposed technologies, and the number of
products FDA has received requests to review.
Adverse Drug Events.--The Committee commends the FDA's
initiatives to increase the number of women and minorities in
clinical trials to represent their unique health needs, gather
safety and efficacy information to inform proper product
labeling, and prevent adverse drug events (ADEs), which are
twice as high for women. The Committee looks forward to
receiving the briefing requested in House Report 117-392 on the
progress the FDA has made in examining past drug approvals with
identified pharmacogenomic safety issues and developing
strategies that may mitigate risks of ADE's. The Committee also
looks forward to receiving the analysis of the data gathered
and how it impacts clinical trials, what has and has not been
effective, and recommended best practices for drug sponsors.
Allergen Labeling.--The Committee is concerned about the
increase in the diagnosis of food allergies to new and emerging
food allergens not currently required to be labeled. The
Committee urges the Center for Food Safety and Applied
Nutrition (CFSAN) to identify potential future food allergens
that would require labeling on food packaging and to implement
the required process toward labeling on packaged foods.
Alzheimer's Clinical Trials.--The Committee recognizes the
need to advance innovative clinical trial designs to increase
diversity in clinical trials for Alzheimer's disease. The
Committee encourages FDA to increase efforts to make
Alzheimer's clinical trials more inclusive and innovative and
to conduct necessary outreach to underrepresented populations.
Animal Drug Compounding.--The Committee is concerned that
the agency has finalized Guidance for Industry #256,
Compounding Animal Drugs from Bulk Drug Substances, which
restricts the ability of veterinarians to obtain compounded
animal drugs needed in stock to administer to animal patients
in an office, kennel, stable, field, zoo, or other appropriate
setting, pursuant to State veterinary and pharmacy laws and
regulations. The Committee encourages the FDA to continue
collaborating with stakeholder organizations, including State
boards of pharmacy, pharmacy organizations, and accreditation
bodies, to ensure that the intent of the guidance is understood
to allow for consistent application.
Animal Testing for Cosmetics.--The Committee acknowledges
the FDA's increased authority to regulate the safety
substantiation of cosmetic products in the Modernization of
Cosmetics Regulation Act of 2022, enacted in P.L. 117-328. The
Committee reiterates the sense of Congress that animal testing
should not be used for the purposes of safety testing on
cosmetic products. The Committee is encouraged by progress made
to replace cosmetic animal testing with modern nonanimal
approaches and understands that many companies already
substantiate cosmetic safety without the use of animals. The
Committee urges the FDA to continue supporting the development
and testing of cosmetic products without the use of animal
testing.
Antibiotic Breakpoints.--The Committee recognizes that the
FDA needs to ensure that breakpoints are updated in a timely
fashion to promote stronger stewardship efforts. The Committee
directs the FDA to review stakeholder feedback on breakpoints
submitted to its public docket and to provide a briefing to the
Committee within 180 days of enactment of this Act.
Authorized Products.--The Committee acknowledges that FDA
has provided a list of products with marketing-granted orders
and a list of PMTAs received by September 9, 2020. However,
those lists have not proven useful to retailers seeking to
comply with the law. The Committee, therefore, urges the FDA to
improve retailers' understanding of which tobacco products may
be legally marketed.
Blood Donor Procedures.--The Committee continues to
recognize the need for scientifically sound, evidence-based
policy relative to FDA blood donor recommendations. The
Committee expects the FDA to complete review of the evidence
obtained from the ADVANCE study and encourages FDA to issue
updated evidence-based blood donor recommendations. The
Committee directs FDA to report to Congress within 180 days of
enactment of this Act on the status of its ongoing review, the
data it is using or has used to update guidelines, and its
outreach and education to blood donation centers relating to
its updated recommendations.
Boxed Warnings in Drug Product Labeling.--The Committee
supports efforts to ensure the health and safety of all
Americans, especially older adults, through FDA's use of
warning(s), including a boxed warning, in drug product labeling
for certain FDA-approved medicines to inform providers,
patients, and caregivers of contraindications or serious
warnings. Specifically, the Committee notes the risk identified
in scientific reports, that older adults with mental health
conditions associated with dementia using antipsychotic
medicines are at increased risk of death and that FDA has not
re-evaluated the need and value of the boxed warning included
in the approved labeling of antipsychotic medications since
2008, despite additional scientific evidence, clinical guidance
changes and new medicines entering the market. FDA is directed
to hold a public workshop and as part of that process review
the data regarding risks associated with the use of medicines
when the antipsychotic class in older adults with mental health
conditions associated with dementia and the appropriateness of
the broad application of this boxed warning for all medicines
within this class. The Committee requests FDA provide an update
on its review and the public workshop outcome to the Committee
12 months after enactment of this Act.
Cancer Immunotherapy Clinical Trials and Combination
Treatments.--The Committee commends FDA for its continued
efforts to accelerate the review and approval of cell and gene
therapies for cancer, which have provided hope for many
patients when more traditional treatments have failed. Research
suggests that therapies which combine cellular products and
other cancer drugs may prove more effective for some patients,
including those who do not benefit from single-drug treatments.
These combination treatments increase the complexity of trial
design, especially regarding treatment sequencing and the
number of treatment arms per trial. Therefore, the Committee
urges FDA to work with and provide guidance to industry and the
broader research community on how to standardize potency
testing requirements for cellular therapies.
Canine Dilated Cardiomyopathy.--The Committee encourages
FDA to refrain from issuing statements, bulletins, or
advisories linking canine dilated cardiomyopathy to certain pet
food ingredients unless new information is available, such as
completion of adequate, peer-reviewed scientific studies or
publication of the proceedings from a scientific meeting or
colloquium.
Cannabidiol Oil Enforcement.--The Committee is concerned
about the proliferation of foods and dietary supplements
marketed in violation of the FFDCA, including products
containing derivatives of the cannabis plant. The Committee is
aware that non-FFDCA-compliant products pose potential health
and safety risks to consumers through misleading,
unsubstantiated, and false claims that cannabis and cannabis
derivatives can treat serious and life-threatening diseases and
conditions, including COVID-19. The Committee recognizes that
FDA intends to work with Congress on creating a regulatory
framework that could permit one compound in cannabis,
cannabidiol (CBD), in consumer products. FDA indicated that
such a framework could safeguard consumers by providing risk
management tools to the agency to manage CBD risks, including
labeling requirements, prevention of contaminants, content
limits, and other public health protections, such as minimum
purchase age, to mitigate the risk of ingestion by children.
The Committee recognizes FDA's use of existing authorities
to undertake cannabis-related efforts, including research,
requests for data, consumer education, issuance of guidance and
policy around cannabis-based drug product development, and
enforcement against wrongdoers. The Committee expects FDA to
continue and increase these efforts given the proliferation of
non-FFDCA-compliant, cannabis-containing products and the risks
they pose to public health. The Committee also expects FDA to
take enforcement action against the manufacturers of any
cannabis products marketed with unlawful therapeutic claims to
preserve the integrity of the drug development and approval
processes, which ensures that products, including cannabis-
containing products, marketed as drugs have undergone a
rigorous scientific evaluation to assure that they are safe,
pure, potent, and effective for the diseases and conditions
they claim to treat. It is also imperative that FDA continue to
exercise its existing authorities to preserve incentives to
invest in robust clinical study of cannabis so its therapeutic
value can be better understood.
Canned Tuna.--The Committee remains 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, one of which dates to 1994.
FDA is directed to promulgate proposed regulations revising the
standard of identity for canned tuna consistent with the
drained weight standard adopted for canned tuna by the Codex
Alimentarius Commission and the Association of Official
Analytical Chemists. FDA shall, to the extent consistent with
applicable regulations, continue to approve in a timely manner
temporary marketing permits that adopt the drained weight
method consistent with international standards and to approve
updates to product labeling under existing temporary marketing
permits in a timely manner.
Cell Cultured Meat Labeling.--The Committee is aware that
FDA has completed its first pre-market consultation for a human
food made from cultured animal cells, the first action
completed under the Formal Agreement Between the U.S.
Department of Health and Human Services Food and Drug
Administration and the U.S. Department of Agriculture Office of
Food Safety (the ``Formal Agreement'') announced on March 7,
2019. The Committee is interested in the internal FDA protocols
related to pre-market consultations for cell-cultured protein
products, specifically whether or not there are special or
unique considerations made for these products in pre-market
consultation processes under the Formal Agreement. The
Committee requests a report within 90 days of enactment of this
Act outlining the pre-market consultation process for cell-
cultured protein products, noting any special accommodations
made to comply with the Formal Agreement and any agency plans
to coordinate with its counterparts at USDA on further action
regarding the same products.
Citizen Petitions.--The Committee requests a briefing
within 45 days of enactment of this Act on all pending citizen
petitions, food additive petitions, and color additives
petitions regarding food uses of chemicals or toxic elements.
Clinical Trials.--The Committee recognizes that the COVID-
19 pandemic further increased the staffing shortages already
present at clinical research sites, exacerbating longstanding
challenges to the timely collection and efficient reporting of
clinical trial data in cancer research. The burden of data
collection, entry, and verification is high and rests primarily
with site staff, who most often input data manually. Meanwhile,
the data fields requested for developing a given drug class
have become increasingly numerous and may be complex. The
Committee urges the FDA to provide guidance to cancer trial
sites, sponsors, and contractors that both define necessary
data elements and streamline data entry and verification
processes. Such guidance will be foundational in maximizing
clinical trial efficiency through a targeted reduction of the
administrative burden currently placed upon research staff.
Cloud.--The Committee notes the increased adoption of
cloud-based technologies by FDA-regulated companies and
appreciates FDA's interest in accelerating the use of modern
systems to facilitate innovation and improve patient care. To
further cloud adoption, the Committee instructs FDA to continue
to explore mechanisms to support cloud adoption, including
looking at critical areas such as record-keeping, data
integrity, and other regulatory requirements, and to ensure
that the agency collects robust public input, including from
regulated companies and cloud technology vendors. The Committee
instructs FDA to provide a briefing on these efforts within 12
months of enactment of this Act.
Critical Path.--The Critical Path Public-Private
Partnership Program encourages the FDA to establish
partnerships with non-profit entities and universities to help
modernize the development, evaluation, manufacture, and use of
FDA-regulated products. Through collaborations, these
partnerships promote the development of new tools, methods, and
approaches to foster innovation and bring efficiency into FDA-
regulated product development.
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 in the
Code of Federal Regulations. The Committee continues to hear
concerns with the labeling of certain foods and beverages as
dairy products when the products are plant-based rather than
derived from an animal. As such, the Committee urges the FDA to
continue its work related to standards of identity for dairy
products.
Desiccated Thyroid Extract.--The Committee is concerned
about the availability of desiccated thyroid extract. The
Committee recognizes that hypothyroidism is a serious medical
condition. The Committee encourages FDA to provide further
clarity to ensure patients have continued access to treatment
for hypothyroidism.
Device Authority.--The Committee recognizes the FDA's
ability to restrict certain uses of a device under certain
circumstances but directs the agency to do so in a manner that
does not interfere with any court-approved treatment. When
necessary, the FDA has the authority to ban a device for all
uses when the device demonstrates substantial deception or
unreasonable risk.
Device Remanufacturing Safety and Awareness.--The Committee
recognizes that the FDA has authority over remanufacturing of
devices but is concerned that the agency needs to increase
public awareness of the requirements applicable to device
remanufacturing. The Committee recognizes that the agency plans
to publish a final guidance document on the remanufacturing of
devices in fiscal year 2023. Within 30 days of the issuance of
the final guidance document, the Committee directs the agency
to provide a briefing to the Committee on the guidance and the
agency's plans to promote public awareness of the applicable
requirements and related compliance.
Diabetes.--Given the growing prevalence of diabetes, which
disproportionately affects racial and ethnic minority
populations including Hispanics, American Indians/Alaska
Natives, Asian Americans and non-Hispanic Blacks in the United
States, the Committee urges OMHHE to collaborate with the
American Diabetes Association and other stakeholder groups to
help Americans prevent and treat diabetes and to address the
disparity in how severely it affects minority groups in
particular.
Dietary Supplements.--The Committee supports increased
inspections and enforcement for high-priority supplements with
a history of being tainted and bearing illegal claims,
including, but not limited to, products marketed as supplements
for weight loss, muscle, arthritis or pain, or diabetes.
Donor Human Milk.--The 2022 infant formula crisis revealed
significant weaknesses in the nation's oversight and regulation
of foods for vulnerable populations. Further investigation
revealed these weaknesses extend beyond traditional infant
formulas and into other sources of food, including donor human
milk, which, like infant formula, is provided to infants. In
recent years, the Committee has expressed its concern over the
lack of Federal oversight of the donor human milk supply and
directed the FDA to address regulation of donor human milk and
donor human milk derived products and banks. The Committee
directs the FDA to address the regulation of donor human milk
and requests a briefing from the FDA within 90 days of
enactment of this Act.
Drug Compounding and Final MOU.--The Committee recognizes
that 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 (PCAC).--The Committee recognizes that the
PCAC established under the Drug Quality and Security Act 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.
Drug Shortage Coordination.--The Committee appreciates
FDA's efforts to combat drug shortages but believes that the
agency can do more to balance benefit and risk in the context
of its regulatory actions to better support and bolster the
supply chain while protecting public health. Section 3616 of
Title III of Division FF of the Consolidated Appropriations Act
of 2023 reinstated requirements for the Office of Drug Shortage
to evaluate the risks associated with shortages caused by
enforcement actions and the risks associated with a violation
before taking such an action. The Committee requests an update
on the internal processes and procedures the FDA has
implemented to effectuate this portion of the law within 90
days of enactment of this Act.
Duchenne and Becker Muscular Dystrophy.--Some of the most
promising therapies under development or approved are only
viable for specific genetic mutations and impact a subset of
the population. A treatment gap may be developing between
Duchenne patients with a common mutation and those with less
common mutations who may only be served utilization of trial
designs with very small sample sizes or n=1 trials. The
Committee urges CDER, in coordination with CBER, to consider
efforts to facilitate the development of the full spectrum of
genetic therapies, particularly those that lack the patient
population to incentivize drug developers.
FASTER Act.--The Committee recognizes the importance of
enforcing the FASTER Act in a manner consistent with
Congressional intent to protect those suffering from sesame
allergies and clearly label sesame as an allergen on food
products. The Committee is concerned by reports of companies
circumventing the intent of the law by intentionally adding
sesame to food products to avoid the cost of preventing cross-
contamination. FDA is directed to report on implementation of
the FASTER Act, including plans to address this issue and an
analysis of whether actions by companies in response to the
Act's passage violated Federal food safety rules.
FDA Funding Grants to the World Health Organization (WHO)
for Tobacco Control Purposes.--The FDA has provided funding to
the WHO to advance and expand tobacco product regulation under
the FDA's Building Research Capacity in Global Tobacco Product
Regulation grant program. The funding has in part been used to
sponsor the Global Tobacco Regulators Forum. As international
regulatory agencies continue to advance policies designed to
promote tobacco use prevention and cessation measures and other
tobacco control strategies, the FDA must ensure that grant
funding to the WHO continues to provide Member States an
opportunity to exchange information in forums, such as the
Global Tobacco Regulators Forum, encourage an exchange of data
and information on tobacco control, including information
relevant to tobacco harm reduction strategies, and promote
research and development in potentially less harmful products.
Food Labeling Accuracy.--The Committee requests that CFSAN
evaluate whether artificial intelligence (AI) driven audit
tools can effectively assess food labeling accuracy and
facilitate greater Federal labeling compliance. The Committee
believes that AI-driven tools will accelerate CFSAN's goal of
ensuring the accuracy of food labeling and that food labels are
truthful and not misleading. The Committee directs CFSAN to
brief the Committee within 180 days of enactment of this Act on
the status of its evaluation.
Food Packaging Health and Safety.--The Committee recognizes
the critical importance of cold-ship and protective packaging
that comply with FDA requirements for intended use to ensure
food safety and security and promote public health. Packaging
materials and solutions are specifically tailored to support
the domestic and international distribution of agricultural
products, meat, and seafood to minimize risks to public health
and safety and, to the extent practicable, to extend shelf life
and reduce food waste. The Committee urges the FDA to
prioritize public health and safety and food waste prevention
in any review of materials used to package, ship, and
distribute food and agricultural products.
Foreign Unannounced Inspections Pilots.--The Committee
continues to support the pilot. The Committee reminds FDA of
direction included in the fiscal year 2022 bill on the
Committee's intent for the use of these funds. The Committee
directs FDA to provide quarterly briefings on its efforts to
implement these funds in accordance with the Committee's
intent.
Front of Package Labeling.--The Committee is concerned with
elevated rates of diet-related disease. Prior to dedication of
further resources to explore front of package labeling, the
Committee requests that the FDA submit an explanation of FDA's
statutory authority to impose mandatory labeling to appear on
the front of package for food products and any potential legal
limitations of such authority.
Genome Editing in Plant Varieties.--The Committee urges FDA
to publish for public comment draft guidance for industry on
the use of genome editing in new plant varieties used for foods
and strive to modernize and improve the timelines and
predictability of the Plant Biotechnology Consultation Program
under FDA's 1992 Statement of Policy--Foods Derived from New
Plant Varieties.
Human Foods Program Restructuring.--The Committee directs
FDA to unify the foods program under an expert, empowered
Deputy Commissioner for Foods with full line authority over
CFSAN, the food and feed-related activities of the Center for
Veterinary Medicine (CVM), and all the food-related components
of the Office of Regulatory Affairs, including inspection and
compliance, food-related laboratories, import oversight, State
partnerships, training, and information technology.
Illicit Tobacco.--The Committee is concerned about the
continued growth of illicit markets for tobacco products.
Consumers, retail establishments, manufacturers, and
governments are all harmed by illicit tobacco markets. The
Committee supports the authorities provided in the Tobacco
Control Act to prevent illicit trade and efforts of all Federal
law enforcement in combatting illicit tobacco products.
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
this 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.
International Mail Facilities.--The Committee supports
continued efforts at International Mail Facilities on
preventing controlled, counterfeit, or otherwise dangerous
pharmaceuticals from entering the U.S. The Committee requests a
report on all products refused import at international mail
facilities by classifying such products as controlled or non-
controlled drugs and further classifying controlled or non-
controlled drugs as counterfeit, misbranded, or unapproved.
Invasive Species.--The Committee encourages the FDA to work
with other agencies and stakeholders to better market food
offered for sale that is the product of a wild caught, invasive
species such as northern snakehead or blue catfish.
In-Vitro Diagnostic Devices.--The Committee recognizes the
need for FDA to evaluate in vitro diagnostic devices, including
laboratory-developed tests (LDTs), for their safety and
effectiveness. The Committee encourages FDA to finalize a
guidance or rule for manufacturers of LDTs that would include a
description of a risk-based LDT oversight policy within 12
months of enactment of this Act.
Listeria.--The Committee emphasizes reducing incidence of
foodborne illness as an important public health goal and
believes that coordinated and targeted resources are required
to appropriately assess and combat the public health risks of
foodborne pathogens. The Committee is aware that FDA is in the
process of finalizing industry guidance regarding Listeria
monocytogenes (Lm) in foods under their jurisdiction. The
Committee directs FDA to apply a risk-based approach and direct
its regulatory efforts toward high risk ready-to eat foods,
those that support the growth of Lm. Additionally, the
Committee expects FDA to incorporate current scientific
knowledge regarding the public health impact of foods that do
not support growth of Lm. Recently published scientific
research from food safety and public health experts recommends
a regulatory action level of Lm for these low-risk foods. This
regulatory approach will encourage industry to adopt
quantitative Lm testing schemes and facilitate robust
environmental monitoring programs, ultimately resulting in
reductions in disease incidence. The Committee directs FDA to
work with industry stakeholders to gather supporting
information and data to assist with implementation of this Lm
approach. Policies reflecting these regulatory approaches align
with other international regulatory standards and restore a
level playing field for U.S. food processors in the global
marketplace.
Lupus.--The Committee is aware of barriers that have long
affected the development of therapeutics for Lupus, a disease
that primarily targets women and disproportionately impacts
African Americans, Latinas, Native Americans, and Asian
Americans. The Committee is pleased that potential Lupus
treatments to address these barriers are now in clinical
trials. The Committee urges FDA to expedite its ongoing work
with the Lupus community to develop solutions to identified
barriers that will accelerate development of new therapies.
Maternal Substance Use Disorders.--The Committee remains
concerned about increasing numbers of overdose deaths of
pregnant and postpartum women. The Committee encourages FDA to
collaborate with the Substance Abuse and Mental Health Services
Administration and relevant stakeholders on efforts to address
maternal substance abuse disorder.
Methane Emissions.--The Committee has been made aware of
efforts to reduce enteric methane emissions from ruminant
animals through the use of certain animal products. The
Committee encourages CVM to use its jurisdiction over the
regulation of such products and allow permissive use subject to
appropriate regulatory approval.
Minimal Residual Disease.--To expedite the development and
safe patient access to new therapeutics, FDA is encouraged to
support collaborative research with the National Institutes of
Health, universities, and industry regarding the utilization of
Minimal (or Measurable) Residual Disease (MRD) testing to
assess response to therapy and predict patient outcomes in its
evaluation of therapeutic products. The Committee expects FDA
to report within one year of enactment of this Act on advances
in the science and development of products directed to the
determination of MRD.
Modernization of Cosmetics Regulation Act of 2022.--The
Committee notes that Congress recently enacted the
Modernization of Cosmetics Regulation Act of 2022, which was
the first substantial reform of cosmetics laws in many decades.
The Committee expects FDA to continue implementing this new law
that will provide greater regulatory certainty to industry and
improved consumer safety.
Modified Risk Tobacco Products.--The FDA has a backlog of
pending applications for smoke-free products numbering in the
tens of thousands. Nearly all of these applications are well
beyond the 180-day statutory deadline for product evaluation.
For the FDA's Center for Tobacco Products (CTP) to work as
intended by Congress, pursuant to the bipartisan Family Smoking
Prevention and Tobacco Control Act of 2009, the FDA should take
certain actions to clear these applications as quickly as
possible in a fair and transparent manner that supports moving
adult smokers away from cigarettes. Moving American smokers
away from cigarettes requires product innovation, and
maximizing innovation requires FDA to efficiently oversee
product changes. The Committee believes FDA should use its
discretionary authority to promote further innovation and
support the movement of smokers away from cigarettes.
Net Weights.--The Committee remains concerned that the FDA
has still not paid sufficient attention to economic integrity
issues, particularly with respect to net weights and treatment
of seafood. These ``short-weighted'' labeled products are
violating FDA laws. Despite industry reporting such violations,
FDA has not acted on enforcement. The Committee directs FDA to
enforce its net weight requirements with respect to seafood
products.
Neurological Conditions.--The Committee recognizes the
important work to bring innovative treatments to people living
with neurological conditions such as Guillain-Barre Syndrome
(GBS), Chronic Inflammatory Demyelinating Polyneuropathy
(CIDP), and Multifocal Motor Neuropathy (MMN) through strategic
partnerships. The Committee notes the recent externally led
patient-focused drug development meeting on CIDP and encourages
FDA to continue its collaboration with relevant stakeholders
and key regulators.
New Alternative Methods.--The Committee directs FDA to
efficiently and expeditiously utilize existing funds to reduce
animal testing and advance alternative methods in a measurable
and impactful way. The Committee requests a report within 90
days of enactment of this Act which provides details on the
status of forming the New Alternative Methods Program in the
Commissioner's office. Such report should include, but is not
limited to, a description of program goals and staffing levels
by position classification; FDA's priority areas for reducing
animal use and advancing alternatives, including goals,
timelines, and funding associated with each of these identified
priorities; the metrics the agency will use to measure impact;
and how the agency will communicate information regarding
acceptance of alternative methods to the regulated community.
The agency should, where applicable, minimize funding to carry
out new animal testing, including in comparing the use of
animals to alternative methods, but instead use existing animal
data and alternative methods that will reduce animal use in
research.
New Era of Smarter Food Safety.--The Committee supports the
FDA's efforts to bring together data from several agencies to
identify and predict vulnerabilities in the nation's food
supply chain and enable the FDA to take a proactive approach to
protect the nation's food supply continuity and safety. The
Committee urges FDA to continue the New Era of Smarter Food
Safety initiative to address future and ongoing supply chain
risks. As the FDA takes steps to better prepare for future
supply chain risks, the Committee encourages the agency to
fully leverage this modern, data-backed approach to proactively
address future supply chain vulnerabilities.
New Plant Varieties.--Innovations in plant breeding
techniques, including agricultural biotechnology and genome
editing tools such as CRISPR, are crucial to transforming
agriculture and food systems. With new plant varieties,
America's farmers can increase sustainability and resilience in
the face of weather variations and enhance America's food
supply through more affordable and nutritious products for
consumers.
Niemann-Pick Type C.--The Committee encourages FDA to
continue to better understand Niemann-Pick Type C (NPC), a rare
progressive and universally fatal disease that impacts children
and young adults, by improving collaboration with NPC patients
and caregivers. The Committee also encourages the FDA to work
in partnership with NPC experts, industry stakeholders, and the
patient community to ensure the viability of trials and
clinical development and to apply patient and caregiver
perspective when evaluating risk benefit of experimental
therapies that are already in use in the NPC community.
Olive Oil Standards of Identity.--The Committee is aware
that the U.S. continues to be an important producer of olive
oils and one of the largest olive oil markets globally. The
Committee recognizes the establishment of a uniform set of
standards would better inform and protect consumers. The
Committee is aware that a petition was submitted to FDA in July
2022 to establish a Standard of Identity for different grades
of olive oil. The Committee supports this effort and urges the
FDA to work with USDA on the issue of grade standards and
expeditiously evaluate and act on the petition to establish a
U.S. Standard of Identity. The Committee requests a briefing on
these efforts within 120 days of enactment of this Act.
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 healthcare
professionals and emergency responders.
Orange Juice.--The Committee is concerned that pests,
disease, and hurricanes are having a devastating impact on
Florida's citrus growers and processors. These circumstances
have resulted in a natural decline in the Brix level for
Florida's mature oranges, with no known adverse health
consequences for consumers. The Committee believes it is
necessary to provide for analytical deviation in the minimum
Brix level for pasteurized orange juice to account for these
naturally occurring growing conditions. The Committee
encourages USDA and FDA to expedite work with Florida citrus
growers and processors and other stakeholders as necessary to
consider additional flexibility by modernizing requirements for
pasteurized orange juice that better account for naturally-
occurring Brix variation.
Orphan Products Grants Program (OPGP).--The Committee
continues to support the Orphan Products Grants Program at FDA.
In addition, the Committee notes that funding can be used for
ALS clinical trials and investments in regulatory science to
speed the approval of ALS treatments. The Committee encourages
FDA to increase the number of ALS clinical trials to help
expedite treatment developments, foster innovative trial
designs that complement and speed the FDA regulatory processes,
and enable natural history studies to understand ALS
progression and pathology more quickly. In addition, the
Committee directs FDA to increase engagement between government
agencies, such as FDA and NIH, and other entities such as
academic institutions and industry with respect to ALS and
other neurodegenerative diseases.
OTC Acetaminophen Dosing Information for Children.--The
Committee continues to be concerned that Over-the-Counter (OTC)
single-ingredient acetaminophen does not contain weight-based
dosing instructions for children ages 6 months to 2 years,
despite the recommendations of the FDA Nonprescription Drugs
Advisory Committee and Pediatric Advisory Committee in 2011,
which held that data supported this information being added to
the labeling. The Committee is concerned that the lack of
dosing information for this vulnerable population may lead to
dosing errors, adverse events, and inadequate treatment of
fever and pain. While the Committee is encouraged that FDA has
included this important issue among its annual forecast of
planned monograph activities, this list is nonbinding and the
issue remains pending after multiple decades, despite its
importance for public health. As such, the Committee directs
FDA to provide an update to the Committee no later than 30 days
after enactment of this Act on the timing of amending the
monograph label for acetaminophen to include weight-based
dosing instructions for children ages 6 months to 2 years.
Outreach to Small Farmers.--The Committee expects CFSAN to
provide funding for critical outreach and training services at
not less than the level specified in the fiscal year 2023
agreement.
Patient Awareness of Medical Device Safety.--The Committee
is concerned that some FTC rulemaking on medical devices meant
to protect competition in the market has had the unintended
consequence of deprioritizing patient safety provisions in law
as it relates to the sale of prescription medical devices,
including contact lenses. Recent enforcement actions also
overwhelmingly focus on physician regulatory compliance rather
than medical device retailer compliance even as that industry
has expanded rapidly. Therefore, the Committee urges the FDA to
work more closely with and to better inform the FTC on the
importance of protecting patient safety while promoting
competition in the market for medical devices. The Committee
requests a briefing within six months of enactment of this Act
on the agency's plan to improve communication and collaboration
with the FTC on actions related to protecting public health and
providing reasonable assurance of the safety and effectiveness
of medical devices, including contact lenses.
Patient Engagement.--The Committee supports the FDA's
efforts to implement policies to promote public access to
information about how patient experience information is
factored into the review of approved products. The Committee
encourages FDA to solicit information to identify patient
experience data standards that include specific tools for
screening, identification, reporting, consideration, and
labeling of patient experience data in clinical trials of a
drug or biologic.
Patient Experience Data.--The Committee supports the
development of patient experience data to inform clinical
research design and regulatory reviews under the patient-
focused drug development process. Robust patient perspective
insights have been generated by patient communities to ensure
FDA has the benefit of this information for critical decisions,
including on potential gene therapies for this serious
condition. The Committee encourages the FDA to make every
effort to incorporate all relevant patient experience data,
including from patient advocacy organizations.
Pediatric Cancer.--Many rare pediatric cancers have
molecular and genetic characteristics that are unique to
children, such as tumors with gene fusions, embryonic tumors,
germline tumors, and many brain tumors. Developing new
therapies for such rare cancers is difficult, leaving children
with rare tumors with few or no therapeutic options. The FDA
should prioritize the development of a public-private
partnership to assume responsibility for conducting pediatric
oncology drug development programs that may not be possible for
industry to develop on its own. A January 2020 GAO report on
pediatric vouchers recommended the implementation of ``a
collaborative agreement to share development risk and reward
between a public or quasi-public organization and one or more
private developers.''
Pediatric Cancer International Collaboration.--The
Committee encourages the FDA to engage more formally and
extensively with international entities to promote greater
collaboration between the U.S. and international partners
around pediatric cancer drug development.
Pediatric Clinical Trial Network.--The Committee commends
and supports the FDA's actions in the establishment of a
pediatric clinical trial infrastructure, including a pediatric
clinical trial network, to address the unique complexities and
difficulties in the development and conducting of a pediatric
clinical study. This network is helping to ensure quality and
efficiency in pediatric therapeutic development, thus
increasing the likelihood of successful pediatric trials
resulting in labeled products for use in pediatric patients.
The Committee urges the FDA to continue the support and
collaboration with the pediatric trial network.
Plant Based Product Labeling.--The Committee is concerned
that the current labeling and marketing practices of some
plant-based alternatives to animal derived foods have the
potential to cause consumer confusion. The Committee directs
the FDA to conduct a study to better understand consumers'
attitudes, beliefs, perceptions, feelings, and motivations
relative to product composition, health attributes, and
labeling and to assess consumer perceptions of different terms
used on labeling of plant-based alternative products.
Polycystic Ovary Syndrome (PCOS).--The Committee commends
the FDA for supporting the Externally-led Patient-Focused Drug
Development (EL-PFDD) meeting on PCOS but remains concerned
that there has not been an FDA-approved treatment specific to
PCOS. The Committee encourages the FDA, based on the findings
of the EL-PFDD meeting, to support incentives for investigators
and industry to develop safe new evidence-based therapies,
diagnostics, devices, and technologies in collaboration with
patients, practitioners, and researchers that address the
identified needs and treatment priorities of PCOS patients.
Pregnancy and Lactation Registries.--The Committee looks
forward to receiving the brief requested in House Report 117--
392 on efforts to develop consensus standards for pregnancy and
lactation registries, including common data elements, so that
registry data can be interoperable within and between such
registries.
Prescription Drug Advertisements.--The Committee recognizes
the work that the FDA does to ensure consumers have accurate
information about prescription drugs. As prescription drug
manufacturers increasingly rely on the internet and social
media to market their products directly to consumers, it is
critical that the FDA continue to take appropriate action,
within its legal authority, to help ensure that the promotion
of prescription drugs to consumers, including promotion
conducted online, is truthful, balanced, and accurately
communicated as well as provide updated information about its
efforts to monitor prescription drug promotion to the public.
The Committee acknowledges that the agency posts certain
information about its efforts with respect to promotional
communications concerning certain human prescription drugs on a
metrics webpage and directs the agency to provide an executive
summary on that webpage to aid in public awareness and
understanding of the information.
RACE for Children Act Implementation.--The Committee
encourages FDA to hire additional staff to fully implement the
Research to Accelerate Cures and Equity (RACE) for Children
Act.
Rare Cancer Therapeutics.--The Committee urges FDA to
address gaps in the system, streamline resources, hire rare
cancer experts, help drug sponsors improve recruitment of rare
cancer patients through clinical trials that reduce barriers to
participation uniquely faced by rare cancer patients, low-
income patients, those living in rural communities, and people
of color, 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 continue to build
lines of communication and processes between these two agencies
in order to expedite review of rare cancer therapies.
Recruitment of Investigators.--The Committee directs FDA to
develop a strategy to broaden talent pipelines to recruit and
hire a wider array of multilingual STEM talent and to identify
barriers to language training for current FDA investigators and
viable options to address these barriers, including by
prioritizing Minority Serving Institutions in talent
recruitment. This strategy should be shared with the Committee.
Seafood Product Labeling.--The Committee continues to hear
concerns with the labeling of certain foods as a fish or
seafood product when the products are highly processed plant-
based foods rather than derived from actual fish or seafood.
The labeling of these products is misleading, deceptive, and
confusing to consumers. The Committee is concerned that the
terms ``plant-based'' and ``vegan'' exempt the producer from
describing the actual plant source as part of the product name,
in opposition to other FDA guidance. The Committee directs the
FDA to provide clarity on the labeling of these foods using
seafood terminology to ensure they are held to the same
standards as actual seafood products to avoid consumer
confusion.
Shellfish.--The Committee is concerned about the European
Union's delay in removing the ban on processed molluscan
shellfish. These sterilized and shelf-stable products do not
have the same food safety concerns as live molluscan shellfish
and should never have been part of the EU ban. The Committee
directs the FDA to work with the European Commission on an
equivalence determination on processed molluscan shellfish
that, if positive, would remove the ban.
Shrimp Products.--The Committee commends and supports FDA's
ongoing efforts to implement and increase its oversight and the
regulation of the safety of shrimp products imported into the
U.S. as directed by Congress, which emphasized the importance
of increased sampling of import shipments, investments in
laboratory capabilities, data analytics, and the establishment
of regulatory partnership arrangements with the top three
countries exporting shrimp to the U.S. The Committee urges FDA
to continue the full development and implementation of the
shrimp pilot program, including finalizing the establishment of
regulatory partnership arrangements.
Skin Lightening Products.--The Committee continues to be
concerned about the dangers of mercury and hydroquinone in skin
lightening products, particularly those that are
disproportionately targeted toward and used by men, women, and
girls of color. The Committee continues to provide resources to
OMHHE to educate the public on the dangers of skin lightening
products containing mercury, hydroquinone, and other toxic
chemicals, including partnering with community-based
organizations that have historically provided services to
ethnic communities on the issue of skin-lightening and chemical
exposures in the past. The FDA is directed to report back to
the Committee within 180 days of enactment of this Act
detailing how the funds provided for this work in fiscal year
2023 were spent, including the community-based organizations
and vulnerable communities they partnered with and how those
determinations were made, the specific actions taken to educate
the public about these products, how they are evaluating the
impact and success of this public education, and any lessons
learned.
SmartTots.--The Committee is concerned that FDA's
Strategies for Mitigating Anesthesia-Related Neuro-Toxicity in
Tots, or SmartTots, initiative is no longer active. The
Committee is concerned about pediatric anesthesia neurotoxicity
and encourages FDA to renew this plan to make surgery,
anesthesia, and sedation safer for infants and young children.
The Committee directs FDA to report to Congress on any
additional resources needed to continue this effort.
Sodium.--The Committee recognizes the importance of
reducing sodium in the food supply. The Committee encourages
FDA to develop an overall sodium monitoring and evaluation plan
detailing how industry compliance with the short-term voluntary
targets will be monitored and evaluated, including how FDA will
identify data sources, collect and analyze data, create a
timeline for assessments, and work with industry on voluntary
compliance. As part of this plan, the Committee encourages FDA
to coordinate with other government agencies, such as USDA and
the CDC, on these monitoring efforts and instructs the FDA to
set a timeline for the establishment of interim and long-term
voluntary targets that would aim to fully bring sodium in the
food supply to align with DGA recommendations.
Standard of Identity.--The Committee directs the FDA to
continue its work to modernize its standards of identity
regulations and ensure consumers are not being deceived or
misled by product labeling. The Committee supports FDA's case-
by-case approach to evaluating product labels considering terms
and representations used within the context of the entire
label, including qualification of any statements or names with
additional terms or information.
Sunscreen Regulation.--The Committee is aware that the FDA
has issued a proposed sunscreen order. The Committee encourages
FDA to educate stakeholders about its administrative order
process and ensure that any final order related to sunscreen
ingredients takes into account the value of currently marketed
sunscreens as a proven skin cancer prevention tool.
Synthetic Nicotine Products.--The Committee is concerned
that unauthorized non-tobacco nicotine products remain on the
market, despite provisions in the Consolidated Appropriations
Act, 2022 (P.L. 117-103) requiring these products to undergo
premarket review by the FDA. Enforcement of this requirement is
critical to address unauthorized nicotine products that appeal
to youth, including flavored e-cigarettes. The Committee urges
FDA to clearly communicate to manufacturers, distributors, and
retailers which products can be lawfully sold, improve its
ability to identify unauthorized products on the market, and
pursue all legally authorized remedies to ensure that all
products being sold unlawfully are removed from the
marketplace. The Committee asks the FDA to report back to the
Committee on the status of its review of premarket applications
for non-tobacco nicotine products, the enforcement actions it
has taken against unauthorized non-tobacco nicotine products,
and other steps the agency has taken to ensure compliance with
the premarket review requirement.
Traceability Rule.--The Committee is aware that, in
accordance with the FDA Food Safety Modernization Act, FDA
issued a final rule establishing additional traceability
recordkeeping requirements for certain foods and that the
agency was mandated by a federal court ruling to submit a final
rule to the Federal Register by November 7, 2022. However,
given the complexity of modern food supply chains, the
Committee is concerned that implementing this rule may pose a
number of challenges for industry. Understanding that the
rule's compliance date is January 20, 2026, the Committee
directs FDA to use the interim time to ensure that the rule can
be successfully implemented without creating an undue burden on
the food industry. The Committee is aware that FDA has taken
some steps already, such as creating a web-based tool to
determine eligibility for full and partial exemptions,
publishing a Small Entity Compliance Guide, and translating
examples of different supply chains into multiple languages.
However, the Committee directs FDA to conduct additional
industry outreach and issue educational materials to further
support industry, including by conducting regular stakeholder
meetings, providing answers to specific questions about the
rule through FDA's Technical Assistance Network, and holding
webinars. The Committee also directs FDA to consider input from
industry in developing guidance documents that should clarify
the agency's expectations. FDA is further directed to brief the
Committee within 90 days of enactment of this Act on its
progress.
Traceback.--The Committee recognizes that the ability to
prevent, identify, and trace back contaminated products is
critical to containing food safety outbreaks but that
challenges associated with tracing these products consistently
from the end-consumer through the supply chain continue to
persist. To achieve this, the Committee recognizes the need to
modernize data systems to receive, track, and process
information and ensure timely notification of significant
public health threats. This ability is critical to address
safety and supply chain issues associated with regulated high-
risk products to more proactively identify or prevent threats
to regulated product safety and quality.
Unauthorized Tobacco Products.--The Committee is deeply
concerned that the CTP has not sufficiently or effectively
prioritized the removal of unauthorized tobacco products from
the market, including e-cigarettes and products containing
synthetic nicotine, and has relied primarily on the issuance of
warning letters, which often go ignored. This concern was
confirmed by the Reagan-Udall Foundation's December 2022
Operational Evaluation of Certain Components of FDA's Tobacco
Program. In particular, there has been an enormous surge in the
availability of flavored disposable e-cigarettes, most imported
from China, that openly skirt FDA's regulatory requirements
resulting from FDA's failure to prioritize such enforcement.
The Committee directs the CTP to make every effort to
expeditiously remove from the market those products that have
failed to file a Premarket Tobacco Application by applicable
deadlines or that are subject to a final and effective Market
Denial Order. The Committee further directs the agency to seek
speedy appropriate judicial relief against such manufacturers,
in coordination with the Department of Justice, to ensure that
such products are no longer available for sale and are removed
from the market as required by the Act. The Committee further
urges CTP to promptly complete its required pre-market review
of e-cigarettes and other deemed tobacco products that remain
on the market.
Underserved Communities.--The Committee encourages the FDA
to review how its risk evaluation and mitigation strategies for
the oversight of non-addictive medication management impact
underserved communities.
Valley Fever.--The Committee is concerned that FDA decided
in July 2020 to not include coccidioidomycosis, also known as
Valley Fever, on its list of tropical diseases eligible for
priority review vouchers (PRVs). The Committee directs FDA to
conduct a new market analysis for Valley Fever vaccines and to
issue a new decision on Valley Fever's eligibility for PRVs.
The Committee directs FDA to consult and work with Valley Fever
subject-matter experts in the fields of academia and research
and development and the vaccine and pharmaceutical industry.
The Committee requests FDA to report to the Committee no later
than 90 days after enactment of this Act on: (1) The status of
the new market analysis, including stakeholders consulted in
its development; (2) Key actions FDA is taking to reevaluate
its past decision against Valley Fever's eligibility for PRVs;
and, (3) A timeline outlining when FDA will make a new decision
on Valley Fever's inclusion in the PRV program.
Vulnerabilities in Medical Device Supply Chain.--The
Committee is concerned by vulnerabilities in the medical device
supply chain that have been brought to light by the spread of
COVID-19. The Committee encourages the FDA to continue to work
with Congress to ensure it has the necessary tools and
resources to prevent shortages and maintain ample supply of
critical devices.
Youth E-Cigarette Use.--The Committee remains deeply
concerned about data from the National Youth Tobacco Survey
showing more than 2 million youth use e-cigarettes and urges
FDA to use its full authority to address this serious public
health problem. The Committee urges FDA to promptly complete
its required premarket review of e-cigarettes and other deemed
tobacco products that remain on the market. The Committee also
urges FDA to take enforcement action against all companies that
failed to file a premarket tobacco product application or
received a marketing denial order.
FDA INNOVATION ACCOUNT, CURES ACT
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $50,000,000
2023 budget estimate.................................. 50,000,000
Provided in the bill.................................. 50,000,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the FDA Innovation Account as authorized in the 21st
Century Cures Act, the Committee provides an appropriation of
$50,000,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(INCLUDING TRANSFERS OF FUNDS)
2023 appropriation.................................... $365,000,000
2024 budget estimate.................................. 295,000,000
Provided in the bill.................................. 345,000,000
Comparison:
2023 appropriation.................................. -20,000,000
2024 budget estimate................................ +50,000,000
COMMITTEE PROVISIONS
For the Commodity Futures Trading Commission, the Committee
provides an appropriation of $345,000,000.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
2023 limitation....................................... $(88,500,000)
2024 budget estimate.................................. (94,300,000)
Provided in the bill.................................. (94,300,000)
Comparison:
2023 limitation..................................... +5,800,000
2024 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the limitation on the expenses of the Farm Credit
Administration, the Committee provides $94,300,000.
Public/Private Partnerships.--The Committee recognizes the
value of public/private partnerships in financing rural
communities and facilities and also recognizes that the Farm
Credit Act of 1971, as amended, provides authority for Farm
Credit System institutions to make investments in vital rural
community facilities. The Committee recognizes that the FCA's
current approach to approving these types of Farm Credit System
investments on an individual basis does not meet the needs of
rural communities. The FCA is encouraged to change its current
process to create a clear, programmatic approval process which
enables timely, comprehensive, and cost-effective rural
community facilities financing packages by allowing and
expediting Farm Credit System institutions' partnerships with
community banks, other financial institutions, and USDA.
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 Agriculture 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.
Section 710.--The bill includes language prohibiting 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 IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without graphics.
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
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language regarding spend
plans.
Section 722.--The bill includes language regarding a
rescission of funds.
Section 723.--The bill includes language regarding Rural
Development programs.
Section 724.--The bill includes language regarding USDA
loan program levels.
Section 725.--The bill includes language regarding credit
card refunds and rebates.
Section 726.--The bill includes language regarding blue
catfish.
Section 727.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 728.--The bill includes language regarding
nutrition research.
Section 729.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 730.--The bill includes language regarding new user
fees.
Section 731.--The bill includes language regarding a
rescission of funds.
Section 732.--The bill includes language relating to
overtime and holiday pay for FSIS inspectors.
Section 733.--The bill includes language regarding a
rescission of funds.
Section 734.--The bill includes language regarding country
or regional audits.
Section 735.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 736.--The bill includes language regarding
lobbying.
Section 737.--The bill includes language regarding Packers
and Stockyards.
Section 738.--The bill includes language regarding new
hires.
Section 739.--The bill includes language regarding a pilot
program.
Section 740.--The bill includes language related to
persistent poverty counties.
Section 741.--The bill includes language regarding a
rescission of funds.
Section 742.--The bill includes language related to
investigational use of drugs or biological products.
Section 743.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 744.--The bill includes language related to the
school breakfast program.
Section 745.--The bill includes language regarding hemp.
Section 746.--The bill includes language related to
matching fund requirements.
Section 747.--The bill includes language regarding land
ownership reports.
Section 748.--The bill includes language regarding a
rescission of funds.
Section 749.--The bill includes language regarding FDA
regulations.
Section 750.--The bill includes language regarding Food for
Peace.
Section 751.--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 752.--The bill includes language regarding
nutrition program requirements.
Section 753.--The bill includes language related to certain
school food lunch prices.
Section 754.--The bill includes language regarding the
Wuhan Institute of Virology.
Section 755.--The bill includes language related to
biotechnology risk assessment research.
Section 756.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 757.--The bill includes language regarding Critical
Race Theory.
Section 758.--The bill includes language related to the
Agriculture Conservation Experiences Services Program.
Section 759.--The bill includes language related to the
ReConnect program.
Section 760.--The bill includes language related to the
Federal Meat Inspection Act.
Section 761.--The bill includes language regarding FDA
regulations.
Section 762.--The bill includes language regarding sodium.
Section 763.--The bill includes language regarding
information technology.
Section 764.--The bill includes language regarding
executive orders.
Section 765.--The bill includes language regarding land
purchases.
Section 766.--The bill includes language regarding child
nutrition program requirements.
Section 767.--The bill includes language regarding the WIC
food package.
Section 768.--The bill includes language regarding FDA
regulations.
Section 769.--The bill includes language regarding FDA
regulations.
Section 770.--The bill includes language regarding Rural
Development programs.
Section 771.--The bill includes language regarding a tribal
child nutrition pilot.
Section 772.--The bill includes language regarding official
flags.
Section 773.--The bill includes language regarding
discrimination.
Section 774.--The bill includes language regarding
listeria.
Section 775.--The bill includes language regarding Rural
Development loans.
Section 776.--The bill includes language regarding the
Spending Reduction Account.
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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.
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 be 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 Development, Salaries and Expenses.--The
bill allows funds for the Rural Partners Network to be
transferred to other agencies of the Department.
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.
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.
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)...................... $500,000,000
USDA FSA (unobligated balances)..................... 2,275,000,000
USDA RD (unobligated balances)...................... 500,000,000
USDA RD (unobligated balances)...................... 1,000,000,000
USDA FSA (unobligated balances)..................... 2,000,000,000
USDA AMS............................................ 505,000,000
------------------------------------------------------------------------
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 omit- ted 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
2023] For fiscal year 2024, 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 2023]
For fiscal year 2024, 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 2024] 2010
through 2025. The Secretary shall be entitled to receive the
funds and shall accept the funds, without further
appropriation.
* * * * * * *
----------
CONSOLIDATED APPROPRIATIONS ACT, 2021
* * * * * * *
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
* * * * * * *
DIVISION N--ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF
* * * * * * *
TITLE VII--NUTRITION AND AGRICULTURE RELIEF
* * * * * * *
Subtitle B--Agriculture
CHAPTER 1--AGRICULTURAL PROGRAMS
* * * * * * *
SEC. 756. RESEARCH.
There is appropriated, out of any funds in the Treasury not
otherwise appropriated, $20,000,000 for [each of fiscal years
2021 and 2022] fiscal year 2021 and each fiscal year thereafter
for the Agricultural Research Service to address gaps in
nutrition research at the critical intersections of responsive
agriculture, quality food production, and human nutrition and
health.
* * * * * * *
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.
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 fund
availability in the Agriculture 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.
Section 710.--The bill includes language prohibiting 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 IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without graphics.
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
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language regarding spend
plans.
Section 722.--The bill includes language regarding a
rescission of funds.
Section 723.--The bill includes language regarding Rural
Development programs.
Section 724.--The bill includes language regarding USDA
loan program levels.
Section 725.--The bill includes language regarding credit
card refunds and rebates.
Section 726.--The bill includes language regarding blue
catfish.
Section 727.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 728.--The bill includes language regarding
nutrition research.
Section 729.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 730.--The bill includes language regarding new user
fees.
Section 731.--The bill includes language regarding a
rescission of funds.
Section 732.--The bill includes language relating to
overtime and holiday pay for FSIS inspectors.
Section 733.--The bill includes language regarding a
rescission of funds.
Section 734.--The bill includes language regarding country
or regional audits.
Section 735.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 736.--The bill includes language regarding
lobbying.
Section 737.--The bill includes language regarding Packers
and Stockyards.
Section 738.--The bill includes language regarding new
hires.
Section 739.--The bill includes language regarding a pilot
program.
Section 740.--The bill includes language related to
persistent poverty counties.
Section 741.--The bill includes language regarding a
rescission of funds.
Section 742.--The bill includes language related to
investigational use of drugs or biological products.
Section 743.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 744.--The bill includes language related to the
school breakfast program.
Section 745.--The bill includes language regarding hemp.
Section 746.--The bill includes language related to
matching fund requirements.
Section 747.--The bill includes language regarding land
ownership reports.
Section 748.--The bill includes language regarding a
rescission of funds.
Section 749.--The bill includes language regarding FDA
regulations.
Section 750.--The bill includes language regarding Food for
Peace.
Section 751.--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 752.--The bill includes language regarding
nutrition program requirements.
Section 753.--The bill includes language related to certain
school food lunch prices.
Section 754.--The bill includes language regarding the
Wuhan Institute of Virology.
Section 755.--The bill includes language related to
biotechnology risk assessment research.
Section 756.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 757.--The bill includes language regarding Critical
Race Theory.
Section 758.--The bill includes language related to the
Agriculture Conservation Experiences Services Program.
Section 759.--The bill includes language related to the
ReConnect program.
Section 760.--The bill includes language related to the
Federal Meat Inspection Act.
Section 761.--The bill includes language regarding FDA
regulations.
Section 762.--The bill includes language regarding sodium.
Section 763.--The bill includes language regarding
information technology.
Section 764.--The bill includes language regarding
executive orders.
Section 765.--The bill includes language regarding land
purchases.
Section 766.--The bill includes language regarding child
nutrition program requirements.
Section 767.--The bill includes language regarding the WIC
food package.
Section 768.--The bill includes language regarding FDA
regulations.
Section 769.--The bill includes language regarding FDA
regulations.
Section 770.--The bill includes language regarding Rural
Development programs.
Section 771.--The bill includes language regarding a tribal
child nutrition pilot.
Section 772.--The bill includes language regarding official
flags.
Section 773.--The bill includes language regarding
discrimination.
Section 774.--The bill includes language regarding
listeria.
Section 775.--The bill includes language regarding Rural
Development loans.
Section 776.--The bill includes language regarding the
Spending Reduction Account.
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
BUDGETARY IMPACT OF THE AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION AND RELATED AGENCIES APPROPRIATIONS BILL, 2024, PREPARED
IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO
SECTION 308(A) OF THE CONGRESSIONAL BUDGET ACT OF 1974
[IN MILLIONS OF DOLLARS]
COMPARISON WITH BUDGET RESOLUTION
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocation under section 302(b) of the Budget
Act.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
FIVE-YEAR OUTLAY PROJECTIONS
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill as
provided to the Committee by the Congressional Budget Office.
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FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
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Committee Hearings
Pursuant to clause 3(c)(6) of rule XIII of the Rules of the
House of Representatives, the following hearings were used to
develop or consider the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2023:
The Subcommittee held an oversight hearing on March 9,
2023, entitled ``USDA Inspector General.'' The Subcommittee
received testimony from:
Ms. Phyllis K. Fong, Inspector General, USDA
Office of Inspector General
Steve Rickrode, Acting Assistant Inspector
General for Audit, USDA Office of Inspector General
Jenny Rone, Assistant Inspector General for
Analytics and Innovation, USDA Office of Inspector General
Kevin M. Tyrrell, Assistant Inspector General for
Investigations, USDA Office of Inspector General
The Subcommittee held a hearing on March 23, 2023, entitled
``Member Day.'' The Subcommittee received testimony from:
The Honorable Kim Schrier
The Honorable Jill N. Tokuda
The Honorable Mike Flood
The Subcommittee held a hearing on March 28, 2023, entitled
``The FY 2024 Budget Request for the Commodity Futures Trading
Commission.'' The Subcommittee received testimony from:
The Honorable Rostin Behnam, Chairman, Commodity
Futures Trading Commission.
The Subcommittee held a hearing on March 29, 2023, entitled
``The FY 2024 Budget Request for the Food and Drug
Administration.'' The Subcommittee received testimony from:
Robert M. Califf M.D., MACC, Commissioner, Food
and Drug Administration
The Subcommittee held a budget hearing on March 30, 2023,
entitled: ``The FY 2024 Budget Request for the Department of
Agriculture.'' The Subcommittee received testimony from:
The Honorable Thomas J. Vilsack, Secretary, the
Department of Agriculture
Mr. John Rapp, Director of the Office of Budget
and Program Analysis, Department of Agriculture
Disclosure of Earmarks and Congressionally Directed Spending Items
The following table is submitted in compliance with clause
9 of rule XXI, and lists the congressional earmarks (as defined
in paragraph (e) of clause 9) contained in the bill or in this
report. Neither the bill nor the report contain any limited tax
benefits or limited tariff benefits as defined in paragraphs
(f) or (g) of clause 9 of rule XXI.
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DISSENTING VIEWS
This is a dreadful bill that we very strongly oppose.
As Secretary Vilsack said, the bill is ``pathetic,
punitive, and petty.''
It takes food from women, infants, and children by slashing
the monthly funds provided for WIC participants to buy fruits
and vegetables by as much as 70% and drastically underfunding
the WIC account itself at a time of rising participation and
food costs.
It favors farmer foreclosure over farming by rescinding the
funds provided to assist farmers and ranchers who are
underwater in their FSA loans. To date, USDA has helped 20,000
farmers get out from under the financial burdens. The producers
who remain to be served as those who took extraordinary
personal financial risks to try to stay current on their loans
and who will need one-on-one assistance from USDA.
It handicaps the ability of the Secretary to assist farmers
under the Commodity Credit Corporation. This is based on the
belief that the Secretary somehow ``over-used'' CCC, when in
fact his use of $10 billion is dwarfed by his predecessor's
drawdown of $52 billion. That was so excessive Congress had to
twice refill the CCC to prevent USDA not being able to meet
obligations to farmers under existing programs.
It harms women of child-bearing age by reversing FDA's 2021
decision to remove the in-person dispensing requirement for
Mifepristone. The experts on this issue are not Republicans on
the Appropriations Committee, but the American College of
Obstetricians and Gynecologists. They said:
There is no clinical evidence that in-person
dispensing improves the safety of this medication or
patient outcomes; instead, this requirement
unnecessarily restricted patient access to a safe and
effective medication.
The bill slaps our rural electric coops and their customers
in the face by rescinding $1 billion from funding that Congress
said was to be used ``for the long-term resiliency,
reliability, and affordability of rural electric systems.''
This funding is the largest investment in rural electricity
since 1936.
An effort to modify language related to purchase of
agricultural land by our foreign adversaries was unsuccessful.
This resulted in poorly drafted and ambiguous language being
added to the bill. No American wants to allow hostile countries
to control our agricultural land.
It contains a laundry list of petty, mean-spirited
provisions that are aimed at LGBTQ Americans, persons of color,
disabled persons, and underserved communities, which includes
an enormous swath of rural America.
Despite decades of litigation over USDA's past
discriminatory practices against producers of color, women, and
Native Americans, for which the government has paid billions of
dollars in compensation, the bill not only prohibits
implementation of Executive Orders aimed at preventing similar
practices going forward, but the bill also cuts the Office of
Civil Rights and the Office of Tribal Relations.
Although in two successive full committee markups no
Republican has been able to define it, the bill adopts the
request of 15 committee members for language banning the
agencies in the bill from promoting or advancing ``critical
race theory.'' It is extremely unwise to ban agencies from
doing something you cannot define.
In the Farm Services Agency and Rural Development Salaries
and Expenses accounts, the report is very critical of agency
staffing, yet both accounts are cut severely below the
President's request and the 2023 levels. Both, like almost
every other agency, will also be required to absorb a 5.2% pay
increase with these diminished funds.
For some reason, the bill zeroes out the tiny Office of
Codex Alimentarius, whose whole purpose is to ensure science-
and rules-based international trade. Its work has protected
American producers against a laundry list of foreign
protectionist policies that would shut U.S. products from
foreign markets.
In an act of pettiness, the bill zeroes out the USDA Office
of Communications, in retribution for a USDA press release that
criticized the Republicans' debt limit legislation, despite
conclusive proof by the Department that the press release was
lawfully issued.
A final note on process. After abruptly canceling the
original scheduled full committee markup, the process was
halted by chaos in the Republican caucus.
Perhaps as a distraction, the full committee markup was
suddenly rescheduled, with major changes needed to address
offsets lost in the debt limit bill.
The Democrats were not allowed to see the changes until 21
hours before the markup. This is an outrageous violation of the
comity that previously governed the sharing of information
between the parties and contributed to what was an
unnecessarily chaotic and confusing markup.
We will oppose the bill and will work to produce a
bipartisan bill in conference with an appropriate 302(b) level
that allows the egregious rescissions in the committee bill to
be dropped.
Rosa L. DeLauro.
Sanford D. Bishop, Jr.
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