[House Report 118-583]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-583
======================================================================
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS BILL, 2025
_______
July 12, 2024.--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. 9027]
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 2025.
CONTENTS
Page
Title I--Agricultural Programs................................... 2
Title II--Farm Production and Conservation Programs.............. 47
Title III--Rural Development Programs............................ 58
Title IV--Domestic Food Programs................................. 70
Title V--Foreign Assistance and Related Programs................. 76
Title VI--Related Agencies and Food and Drug Administration...... 79
Title VII--General Provisions.................................... 97
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 2025 allocation is $25,873,000,000 which is
$355,000,000 below the fiscal year 2024 enacted level and
$2,688,497,000 below the President's budget request for fiscal
year 2025.
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:
The FY 2025 Budget Request for the
Department of Agriculture--March 21, 2024
Member Day--April 11, 2024
The FY 2025 Budget Request for the Food and
Drug Administration--April 18, 2024
The FY 2025 Budget Request for the
Department of Agriculture's Farm Production and
Conservation Mission Area--May 1, 2024
Oversight Hearing on Nutritious Foods in the
Supplemental Nutrition Assistance Program--May 22, 2024
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
2024 appropriation.................................... $58,292,000
2025 budget estimate.................................. 103,025,000
Provided in the bill.................................. 40,457,000
Comparison:
2024 appropriation.................................. -17,835,000
2025 budget estimate................................ -62,568,000
The following table reflects the amount provided by the
Committee for each office and activity:
[Dollars in thousands]
------------------------------------------------------------------------
FY 2024 FY 2025 Committee
enacted estimate provision
------------------------------------------------------------------------
Office of the Secretary.......... $7,000 $20,669 $5,051
Office of Homeland Security...... 1,896 3,174 2,146
Office of Tribal Relations....... 5,190 6,613 5,190
Office of Partnerships and Public 7,500 9,339 4,711
Engagement......................
Office of the Assistant Secretary 1,706 1,737 875
for Administration..............
Departmental Administration...... 23,500 45,207 15,984
Office of the Assistant Secretary 4,500 4,709 3,000
for Congressional Relations and
Intergovernmental Affairs.......
Office of Communications......... 7,000 11,577 3,500
--------------------------------------
Total, Office of the 58,292 103,025 40,457
Secretary...................
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Office of the Secretary, the Committee provides an
appropriation of $40,457,000.
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.
Agritourism Resources.--The Committee looks forward to
seeing the publication of an updated agritourism resource
manual as requested within a year of enactment of the fiscal
year 2022 bill. The Committee additionally looks forward to
seeing the results of the agritourism follow-on study, also
requested in the fiscal year 2022 bill, now that the 2022
Census of Agriculture has been released.
Commodity Credit Corporation (CCC) Report.--The Committee
directs the Secretary to provide a report on November 15, 2024,
and May 15, 2025, 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.
Communication Services for Limited English Proficient
Communities.--The Committee is supportive of efforts the
Department is taking to improve communications to reach limited
English proficient (LEP) communities. The Committee encourages
the Department to review the communication practices and create
uniform applications across all Department agencies to
strengthen communication practices to include digital,
television and radio advertising when working with limited
English proficient communities. The Committee further directs
each agency funded by this Act with annual advertising budgets
to include a report on expenditures related to local media
advertising to include digital, television and radio no more
than 60 days after the enaction of this Act.
Critical Inputs.--The Committee directs the Secretary to
provide a report within 180 days of enactment on the dependency
on the People's Republic of China on critical agricultural
inputs such as animal feed, including vitamins, minerals, and
amino acids, crop protection chemicals, and veterinary drugs
and vaccines, and recommend legislative or regulatory actions
to reduce barriers to onshore production and mitigate potential
supply chain disruptions that could be exploited by the
People's Republic of China.
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 2026
and beyond.
Feral Hogs.--The Committee is concerned about the growing
threat posed by feral hogs and the mounting damages this
invasive species is causing in Louisiana and other states. The
damages nationwide are well over $1 billion and climbing,
causing environmental and water resources destruction, natural
plant species and crop destruction, and disruption to food
production. The Committee encourages the Secretary to work with
the EPA to find an expedited solution to arrive at a field
trial testing regimen for a feral hog toxicant based on
currently available knowledge.
Fruit Fly Quarantine Areas.--The Committee is aware of
quarantines in California as a result of detections of Oriental
fruit fly and Queensland fruit fly. The Committee recognizes
the importance of Animal Plant and Health Inspection Service
Plant Protection and Quarantine in safeguarding crops and
forests against the entry, establishment, and spread of pests.
However, with very few treatment options available for crops
located within the California quarantine areas, farmers have
faced devastating losses. The Committee urges APHIS to take the
necessary steps to resolve the infestation so that the
quarantine may be lifted. Further, the Department is directed
through all agencies, including within Farm Production and
Conservation, to evaluate available financial assistance for
producers impacted by the quarantines and provide a report of
its findings to the Committee within 120 days of enactment of
this Act. Within the report, the Department is encouraged to
provide recommendations of program changes that would make them
more accessible and beneficial to producers negatively impacted
by quarantines.
Improving Tribal Consultation.--The Committee continues to
encourage 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. The Committee encourages
USDA to consider opportunities to utilize existing programs and
resources to support intermediate crop production in the United
States. Further, the Committee encourages USDA to establish a
standard definition for the term ``intermediate crop'' as an
oilseed crop of renewable biomass, such as camelina, carinata,
and domesticated pennycress, or any other crop as determined by
the Secretary, that otherwise meets the definition of a cover
crop and is planted and harvested on land that would otherwise
be idle in a rotation pattern between main crops or in a fallow
rotation and is primarily intended to provide feedstocks for
the production of renewable biofuels and chemicals.
Liability Protections for Food Donation.--The Committee
directs USDA to update the guidance documents related to
liability protections provided through the Bill Emerson Act and
the Food Donation Improvement Act to clarify how food companies
can donate excess food.
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.
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.
Natural Capital Accounting.--The Committee notes that no
funding is provided to implement Executive Order 14072 (87 Fed.
Reg. 24851).
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 2024 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, 2024, 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''.
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 2025; the percent change in the amount of funds
that were targeted to such areas from fiscal year 2024; and to
the extent practicable, an assessment of the economic impact of
departmental programs in these areas.
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 2026 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.
USDA BioPreferred Program.--The Committee recognizes the
importance of work to expand biobased manufacturing. The
Committee directs the Secretary to submit a report detailing
the status of the USDA BioPreferred Program, including a list
of biobased products that have been certified; a list of
BioPreferred products that are currently included in the
federal procurement catalogues; a list of BioPreferred products
that are receiving support from USDA at any phase of
development, including research, development, piloting, or the
build out of manufacturing facilities; and any other matters
the Secretary determines appropriate.
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 Agricultural Marketing Service
and Economic Research Service 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
directs the Secretary within 60 days of enactment of this Act
to provide an IT modernization plan that accelerates the
continued implementation and expansion of the Farmers.gov
system using the Enterprise Data Analytics Platform and Toolset
(EDAPT) to enable USDA customers to: (1) view their
information, complete transactions, quickly review the status,
and update tabular customer information; (2) submit
applications for Farm Production and Conservation (FPAC)
programs and receive program payments for all USDA farm
programs; (3) to complete their own applications, including
electronic signatures and submissions, for all farm programs
that require direct application; (4) enable electronic income
reporting between USDA and the Internal Revenue Service; and
(5) access and manage acreage reporting, farm records mapping,
and farm records information within Farmers.gov. The agreement
further directs the FPAC Business Center to provide a roadmap
for systems to make customer information available within
Farmers.gov and EDAPT including, but not limited to, the
Agriculture Risk Coverage and Price Loss Coverage programs, the
Dairy Margin Coverage program, and the Farm Service Agency
Emergency Relief Program.
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
2024 appropriation.................................... $30,500,000
2025 budget estimate.................................. 31,504,000
Provided in the bill.................................. 31,025,000
Comparison:
2024 appropriation.................................. +525,000
2025 budget estimate................................ -479,000
COMMITTEE PROVISIONS
For the Office of the Chief Economist, the Committee
provides an appropriation of $31,025,000, including $500,000
for the food loss coordinator position, and $3,000,000 for the
Office of Pest Management Policy.
Data Collection for Religiously Informed Diets.--The
Committee appreciates the Department's efforts to improve
access to kosher and halal food for Americans with religiously
informed diets. However, the Committee notes that gaps remain
between the need and the products currently available. The
Committee encourages the Office of the Chief Economist to track
and report on the scope, scale, and location of the needs of
Americans with religiously informed diets, to address the lack
of data on the national level.
Policy Research.--The Committee provides $10,225,000 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, including an analysis of irrigation
water supplies coming from Mexico to the U.S, per the 1944
Water Treaty, specifically Article 4, Section B, subparagraph
(c). Of the amounts provided for policy research, $1,500,000
shall be for the Department to focus efforts on entities that
have information, analysis, research, and staff necessary to
provide objective, scientific information to support and
enhance efficient, accurate implementation of Federal drought
preparedness and drought response programs, including
interagency thresholds used to determine eligibility for
mitigation or emergency assistance. The Committee also
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
2024 appropriation.................................... $16,703,000
2025 budget estimate.................................. 17,127,000
Provided in the bill.................................. 12,222,000
Comparison:
2024 appropriation.................................. -4,481,000
2025 budget estimate................................ -4,905,000
COMMITTEE PROVISIONS
For the Office of Hearings and Appeals, the Committee
provides an appropriation of $12,222,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
2024 appropriation.................................... $14,967,000
2025 budget estimate.................................. 17,321,000
Provided in the bill.................................. 9,337,000
Comparison:
2024 appropriation.................................. -5,630,000
2025 budget estimate................................ -7,984,000
COMMITTEE PROVISIONS
For the Office of Budget and Program Analysis, the
Committee provides an appropriation of $9,337,000.
Office of the Chief Information Officer
2024 appropriation.................................... $91,000,000
2025 budget estimate.................................. 95,871,000
Provided in the bill.................................. 66,814,000
Comparison:
2024 appropriation.................................. -24,186,000
2025 budget estimate................................ -29,057,000
COMMITTEE PROVISIONS
For the Office of the Chief Information Officer, the
Committee provides an appropriation of $66,814,000.
Service Delivery Modernization.--The Committee continues to
support 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
2024 appropriation.................................... $6,867,000
2025 budget estimate.................................. 8,225,000
Provided in the bill.................................. 6,028,000
Comparison:
2024 appropriation.................................. -839,000
2025 budget estimate................................ -2,197,000
COMMITTEE PROVISIONS
For the Office of the Chief Financial Officer, the
Committee provides an appropriation of $6,028,000.
Office of the Assistant Secretary for Civil Rights
2024 appropriation.................................... $1,466,000
2025 budget estimate.................................. 1,501,000
Provided in the bill.................................. 901,000
Comparison:
2024 appropriation.................................. -565,000
2025 budget estimate................................ -600,000
COMMITTEE PROVISIONS
For the Office of the Assistant Secretary for Civil Rights,
the Committee provides an appropriation of $901,000.
Office of Civil Rights
2024 appropriation.................................... $37,000,000
2025 budget estimate.................................. 38,362,000
Provided in the bill.................................. 22,789,000
Comparison:
2024 appropriation.................................. -14,211,000
2025 budget estimate................................ -15,573,000
COMMITTEE PROVISIONS
For the Office of Civil Rights, the Committee provides an
appropriation of $22,789,000.
Hazardous Materials Management
2024 appropriation.................................... $3,000,000
2025 budget estimate.................................. 7,615,000
Provided in the bill.................................. 2,000,000
Comparison:
2024 appropriation.................................. -1,000,000
2025 budget estimate................................ -5,615,000
COMMITTEE PROVISIONS
For Hazardous Materials Management, the Committee provides
an appropriation of $2,000,000.
Office of Safety, Security, and Protection
2024 appropriation.................................... $20,800,000
2025 budget estimate.................................. 21,952,000
Provided in the bill.................................. 5,000,000
Comparison:
2024 appropriation.................................. -15,800,000
2025 budget estimate................................ -16,952,000
COMMITTEE PROVISIONS
For the Office of Safety, Security, and Protection, the
Committee provides an appropriation of $5,000,000.
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
2024 appropriation.................................... $111,561,000
2025 budget estimate.................................. 114,024,000
Provided in the bill.................................. 106,561,000
Comparison:
2024 appropriation.................................. -5,000,000
2025 budget estimate................................ -7,463,000
COMMITTEE PROVISIONS
For the Office of Inspector General (OIG), the Committee
provides an appropriation of $106,561,000.
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.
Office of the General Counsel
2024 appropriation.................................... $60,537,000
2025 budget estimate.................................. 66,581,000
Provided in the bill.................................. 45,146,000
Comparison:
2024 appropriation.................................. -15,391,000
2025 budget estimate................................ -21,453,000
COMMITTEE PROVISIONS
For the Office of the General Counsel, the Committee
provides an appropriation of $45,146,000.
Office of Ethics
2024 appropriation.................................... $4,500,000
2025 budget estimate.................................. 7,229,000
Provided in the bill.................................. 4,136,000
Comparison:
2024 appropriation.................................. -364,000
2025 budget estimate................................ -3,093,000
COMMITTEE PROVISIONS
For the Office of Ethics, the Committee provides an
appropriation of $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
2024 appropriation.................................... $1,884,000
2025 budget estimate.................................. 4,221,000
Provided in the bill.................................. 1,800,000
Comparison:
2024 appropriation.................................. -84,000
2025 budget estimate................................ -2,421,000
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. The Department is directed to report back
to the Committee within 60 days of enactment of this act
outlining how previous appropriated funds for AGARDA have been
utilized.
Animal Microbiome.--The Committee recognizes that there are
persistent gaps in research on the food animal microbiome. The
Committee requests a report within 180 days of enactment on the
current federal research efforts related to the food animal
microbiome and the current gaps in animal microbiome research.
Artificial Intelligence in Precision Agriculture.--The
Committee urges collaboration between USDA and the National
Science Foundation to pursue advances in precision agriculture
and food system security using artificial intelligence.
Controlled Environment Agriculture (CEA) Labor Shortages.--
The Committee recognizes the labor challenges facing the
agricultural industry in recent years, especially in the
greenhouse and CEA industry. The Committee requests a report
within 180 days of enactment on best practices for attracting
and retaining greenhouse and CEA labor, as well as processes
and systems to increase labor efficiency in this agricultural
sector.
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.
Foreign Research Funding.--The Committee is concerned about
USDA funding for animal research in the People's Republic of
China and the Russian Federation. The Committee directs USDA
submit a report within 120 days of enactment that details all
direct or indirect funding or other USDA support for research
conducted in collaboration with the People's Republic of China
and the Russian Federation over the last 5 years. This report
should include the cost of each project, a list of
collaborating institutions, an explanation of the research, and
the level of oversight USDA provides over the foreign research.
Innovative Technologies.--The Committee directs USDA to
submit a report on the needs and benefits of USDA providing
public financing to support new or significantly improved food
and agricultural technologies. This report should include a
discussion of the projected long-term economic impacts that may
arise from the use of these products.
Lifecycle Analysis of Soybean Based Biodiesel.--The
Committee directs USDA to submit a report within 180 days of
enactment on the lifecycle analysis of soybean biomass-based
diesel, including biodiesel, renewable diesel, and sustainable
aviation fuel utilizing the most recent direct emissions
estimates conducted by the Department of Energy's Argonne
National Lab's Greenhouse Gases, Regulated Emissions, and
Energy Use in Transportation (GREET) model. This report should
include a compilation of current and potential soybean farming
practices and an estimate of direct and indirect greenhouse gas
emissions related to the production and consumption of soybean
based biodiesel.
Reuse of Produced Water.--The Committee directs USDA to
submit a report within 120 days of enactment on the potential
beneficial reuses of produced water from upstream oil and gas
operations in agriculture.
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
2024 appropriation.................................... $90,612,000
2025 budget estimate.................................. 98,068,000
Provided in the bill.................................. 85,612,000
Comparison:
2024 appropriation.................................. -5,000,000
2025 budget estimate................................ -12,456,000
COMMITTEE PROVISIONS
For the Economic Research Service (ERS), the Committee
provides an appropriation of $85,612,000.
Agricultural Trade Imports.--The Committee awaits the
report as directed in House Report 118-124.
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.
Biofuels Supply Chain.--The Committee directs ERS to
prepare a 5-year and 10-year forecast study that evaluates the
expected growth of biofuels, the feedstock necessary to produce
those fuels, the forecasted demand for those feedstocks from
other industries, and the estimated production of those
feedstocks. The Committee directs ERS to provide this study
within 1 year of enactment.
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.
National Agricultural Statistics Service
2024 appropriation.................................... $187,513,000
2025 budget estimate.................................. 195,964,000
Provided in the bill.................................. 187,513,000
Comparison:
2024 appropriation.................................. - - -
2025 budget estimate................................ -8,451,000
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.
Despite numerous bipartisan and bicameral Congressional
efforts, NASS ignored congressional intent by refusing to
reinstate the July Cattle Report, the Cotton Objective Yield
Survey, and all County Estimates for Crops and Livestock for
the 2024 production year. The Committee is deeply concerned by
the lack of communication and transparency surrounding NASS'
decision to cancel several critical market reports in fiscal
year 2024. Therefore, the Committee includes bill language that
limits NASS' flexibilities to only core mission activities.
This language ensures that NASS has the necessary funding for
fiscal year 2025 to reinstate all reports that NASS chose to
cancel or discontinue in 2024. Further, bill language ensures
that the Committees are notified of all major changes to
existing activities before providing non-governmental
stakeholders such information, before making the changes
public, and before implementing them, including any plans to
cancel or discontinue NASS surveys or reports.
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. For fiscal year 2025 the Committee directs NASS to
reinstate the July Cattle report, the Cotton Objective Yield
Survey, and all County Estimates for Crops and Livestock.
Alfalfa Price Reporting.--The Committee encourages NASS to
explore the possibility of reporting the ``premium grade
alfalfa price'' in addition to the ``all alfalfa hay price''
currently being reported for all states. Additionally, the
Committee encourages NASS to consider including the Southeast
in its alfalfa crop production reporting.
Census of Agriculture Underreporting.--The Committee
directs NASS to submit a report within 180 days of enactment on
the potential underreporting of animals to the Census of
Agriculture.
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
2024 appropriation.................................... $1,788,063,000
2025 budget estimate.................................. 1,755,512,000
Provided in the bill.................................. 1,793,829,000
Comparison:
2024 appropriation.................................. +5,766,000
2025 budget estimate................................ +38,317,000
COMMITTEE PROVISIONS
For Salaries and Expenses of the Agricultural Research
Service (ARS), the Committee provides an appropriation of
$1,793,829,000.
The Committee expects that extramural and intramural
research will be funded at no less than the fiscal year 2024
levels, unless otherwise specified. The Committee rejects the
research program terminations proposed in the fiscal year 2025
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 provides an
increase of $500,000 to develop, assess, and analyze potential
6PPD alternatives that do not pose an environmental risk or
compromise vehicle safety and tire performance.
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.
Agricultural Data Security.--The Committee recognizes the
critical need for agricultural data security advancements
alongside increased use of autonomous systems and new
technologies. To prepare for these needs, the Committee
provides no less than the fiscal year 2024 level for ARS to
research these data security needs and solutions.
Alfalfa Research.--The Committee recommendation includes no
less than the fiscal year 2024 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 2024 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.
Artificial Intelligence Research.--The Committee provides
no less than the fiscal year 2024 level for ARS to continue to
conduct research that supports state of the art artificial
intelligence tools for agricultural applications that improve
productivity, sustainability, and precision agriculture for
growers.
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 provides an increase of
$250,000 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 $500,000 to support
BARD's historical grant-making functions and to expand
programming for food and nutrition, technology acceleration,
and artificial intelligence.
Biochar Research.--The Committee is aware that biochar
provides recalcitrant carbon to soils that can improve carbon
sequestration and crop yields. The Committee provides an
increase of $250,000 to support research to advance the
understanding of the impact of diverse types of biochar in
varying soils and circumstances on soil health, productivity,
and carbon sequestration in order to help inform farmers and
ranchers which types of biochar have the most positive impacts
in their soils.
Broiler Breeder Reproduction and Hatchery Management.--The
Committee provides an increase of $500,000 for research focused
on improving the reproductive capabilities of broiler parent
physiology and hatchery management.
Carpophilus Truncates Beetle.--The Committee encourages ARS
to collaborate with state agricultural universities and
industry stakeholders to focus on developing and enhancing pest
detection, surveillance, identification, and threat mitigation
strategies related to the carpophilus truncates beetle, along
with implementing necessary safeguards for the domestic tree
nut industry.
Carrot Research Initiative.--The Committee recognizes that
nitrogen is essential to the production of carrots. ARS is
encouraged to research nitrogen usage in carrots to determine
possible alternatives.
Catfish Aquaculture.--The Committee provides an increase of
$500,000 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 Research.--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 the citrus production regions and scion 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 2024 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 no less than
the fiscal year 2024 level for the improvement of cranberry
yields, pest and disease management, and water resource
management.
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 an increase of $500,000 to support the goals
of the FNRI to secure a more efficient and productive
floriculture and nursery industry. The Committee 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.
Forest Products Research.--The Committee supports research
on wood quality improvement and improvement in forest products
evaluation standards and valuation techniques.
Fortifying Biological Defenses.--The Committee continues to
support pivotal research to advance veterinary biologics for
African swine fever and classical swine fever. Within the
available funds for NBAF, the Committee encourages ARS to
engage critical and emerging new technologies in veterinary
biologics to enhance animal production and protection to ensure
a secure and efficient food supply.
Fumigant Alternatives Research.--The Committee supports ARS
collaborating with NIFA and industry stakeholders to develop
innovative soilborne pest control and eradication commercial-
scale tools to replace fumigants and provides no less than the
fiscal year 2024 level to support these activities.
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 $750,000 for ARS to expand existing research focused on oat
improvement.
Germplasm Enhancement of Maize.--The Committee provides an
increase of $250,000 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.
Grape Genomics.--The Committee understands the importance
of the National Grape Improvement Center and that, when
complete, it will be the world's leading facility for grape
genomics and gene expression research. The Committee encourages
ARS to continue to recruit and hire the necessary scientists.
Herbicide Resistance Initiative.--The Committee continues
to support the Herbicide Resistance Initiative for the Pacific
Northwest and provides an increase of $500,000 for ARS to
continue to identify and overcome herbicide resistance
associated with 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 and
provides no less than the fiscal year 2024 level for this
purpose.
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 2024 funding
level for existing human nutrition centers.
Innovative Greenhouse Research.--The Committee provides an
increase of $750,000 for ARS engineering research units and
academic institutions working on greenhouse production
research.
Little Cherry Disease.--The Committee provides no less than
the fiscal year 2024 level to support research on little cherry
disease.
Livestock Applied Reproduction and Genomics.--The Committee
is aware of the potential livestock genomics holds for
addressing livestock diseases, welfare, and production. The
Committee provides an increase of $250,000 to maintain
partnerships in livestock genomics.
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. 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 $500,000 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.
The Committee strongly encourages ARS to include more
geographic and crop diversification in the selection of
additional LTAR sites.
Macadamia Tree Health Initiative.--The Committee provides
no less than the fiscal year 2024 level to support
implementation of the Macadamia Tree Health Initiative.
Mycotoxin Research.--The Committee recognizes the
increasing economic and food safety threat that mycotoxins pose
to corn and other affected agricultural crops and products. The
Committee encourages ARS to expand research into methods of
mitigating the risk of mycotoxins and provides an increase of
$250,000 for this purpose.
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.
National Bonsai and Penjing Museum Maintenance.--The
Committee directs ARS to submit a report to the Committee on
the maintenance needs of the National Bonsai and Penjing Museum
and the costs to address these needs.
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.
Organic Agriculture Research.--The Committee provides an
increase of $500,000 for organic agriculture research in the
Northern Drylands regions and encourages ARS to consider breed
and cultivar development, food safety, and the economic and
ecological impacts of the organic production system when
conducting this research.
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 2024 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
$250,000 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.
Pickled Vegetable Research.--The Committee supports ARS
research regarding pickled vegetables.
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.
Potato Research.--The Committee encourages ARS to continue
to support research in potato breeding in the U.S. This
research allows for the rapid identification of new desirable
traits in potatoes and promotes varietal development. The
Committee provides no less than the fiscal year 2024 level to
support these efforts.
Pulse Crop Health Initiative.--The Committee supports the
expansion of pulse crop research and provides an increase of
$500,000 for research into the health and nutritional benefits
of dry peas, lentils, chickpeas, and dry beans.
Precision Aquaculture.--The Committee provides no less than
the fiscal year 2024 level to continue developing solutions for
resilient inland aquaculture in conjunction with a land-grant
university with established expertise in trout aquaculture,
nutrient management, and selective breeding.
Precision Management of Live Broiler Production.--The
Committee provides an increase of $1,000,000 to support ARS
research focused on novel broiler chicken live production
approaches and methods that drive transformational innovation
in intelligent systems, automation, robotics, data science, and
artificial technologies that could enable greater efficiencies,
better resilience, and viable poultry enterprises at various
scales of production.
Recirculating Aquaculture Systems.--The Committee remains
concerned with the significant trade deficit in consumed
seafood and aquaculture products and provides no less than the
fiscal year 2024 level 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.
Resilient Barley Initiative.--The Committee recognizes the
need to build resiliency within the barley production system in
order to maintain a sustainable and high-quality supply for its
many value-added end uses. The Committee encourages ARS to
coordinate research efforts focused on strengthening barley's
resilience to environmental stressors through improved genetics
and management.
Shellfish Breeding Research.--The Committee is aware of the
significant vulnerabilities associated with rapidly changing
aquatic conditions for cultured shellfish farms. The Committee
provides $500,000 for ARS to support breeding programs to
develop resilient shellfish stocks.
Small Fruits Research.--The Committee provides no less than
the fiscal year 2024 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.
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 $500,000 to support the
necessary research to complete key lifecycle quantification
models that capture the dynamics of semi-arid crop systems.
Southern Regional Research Center (SRRC).--The Committee
provides no less than the fiscal year 2024 level for the SRRC
crop adaptive resilience food program to conduct collaborative
research with research universities by exploring the value-
added enhancement of State-grown crops, to define the role for
novel approaches in crop biological signaling and modification
to yield adaptive and resilient crop varieties and
interventions.
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 encourages ARS to increase focus and funding on
projects designed to improve harvest efficiencies of specialty
crops and provides an increase of $500,000 for this purpose.
The Committee notes that this should include projects that
pursue mechanical or automated technologies and systems.
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.
Stone Wool.--The Committee recognizes the numerous
potential benefits that can result from incorporating stone
wool as a growing medium in the indoor cultivation of plants
and supports ARS' work related to the use of stone wool.
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 2024 level to research
innovative automation technologies to enhance strawberry
production.
Sugarcane Research.--The Committee provides an increase of
$250,000 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 no less
than the fiscal year 2024 level for research on sustainable
marine aquaculture for coldwater and warmwater production
coastal environment, with special emphasis on workforce
education.
Sweet Potato Research.--The Committee provides an increase
of $250,000 to support the continuation and enhancement of
sweet potato varieties with high nutrient content and that
produce desirable fresh and processed sweet potato products.
The Committee encourages ARS to support food science and
product development research that would enhance the consumption
and marketability of the U.S. sweet potato domestically and
globally.
Table Grape Breeding Research.--The Committee recognizes
the strategic value of ARS' future-oriented initiatives focused
on the economic sustainability and global competitiveness of
table grapes and is supportive of these efforts.
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 Florida, the Pacific, and insular areas.
U.S. Sheep Experiment Station (USSES).--The Committee
provides an increase of $500,000 to enhance the viability and
multi-species health resulting from wildlife and domestic sheep
interaction on shared landscapes. The Committee continues to
encourage 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 an increase of
$500,000 for the Wheat Resiliency Initiative which 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 and increase of $500,000.
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
2024 appropriation.................................... $57,164,000
2025 budget estimate.................................. 28,405,000
Provided in the bill.................................. 26,900,000
Comparison:
2024 appropriation.................................. -30,264,000
2025 budget estimate................................ -1,505,000
COMMITTEE PROVISIONS
For Agricultural Research Service Buildings and Facilities,
the Committee provides an appropriation of $26,900,000.
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
2024 appropriation.................................... $1,075,950,000
2025 budget estimate.................................. 1,106,070,000
Provided in the bill.................................. 1,071,900,000
Comparison:
2024 appropriation.................................. -4,050,000
2025 budget estimate................................ -34,170,000
COMMITTEE PROVISIONS
For National Institute of Food and Agriculture (NIFA)
Research and Education Activities, the Committee provides an
appropriation of $1,071,900,000.
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.
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.
Coffee Agriculture.--The Committee recognizes the
importance of public research in securing the future of coffee
and supports NIFA's work to support coffee production.
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.
Data Science in Cooperative Extension.--The Committee
recognizes that advances in data science, computational power,
and access to transactional data have resulted in innovations
in local governance which can support rural prosperity. The
Committee recommends that AFRI prioritize community-based
science and decision-making systems administered by land-grant
universities and the Cooperative Extension System through
competitive funding opportunities.
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.
Farm and Ranch Stress Assistance Network Program.--The
Committee recognizes the mental health and suicide risks in
rural and farm communities and the benefits of preventative
care. The Committee encourages NIFA to integrate and encourage
preventative care in the Farm and Ranch Stress Assistance
Network Program.
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.
Heavy Metals in Food Crops.--The Committee is aware of the
challenges agricultural producers confront in developing crop
production practices and solutions which are feasible to meet
the regulatory standards under development as part of the FDA's
Closer-to-Zero initiative for various heavy metals. The
Committee recognizes that grants in support of these efforts
must be multi-state and multi-disciplinary to provide the best
opportunity for success. Therefore, the Committee recommends
that AFRI prioritize funding projects focused on developing
solutions for reducing heavy metals in food crops at the
sufficient budgetary levels to support these efforts. The
Committee also encourages AFRI to increase the number of
research projects focused on heavy metals in food crops funded
under AFRI.
Laying Hen and Turkey Research.--The Committee notes that
research into laying hens and turkeys holds the potential to
improve the efficiency and sustainability of laying hen and
turkey production through integrated collaborative research and
technology transfer. The Committee provides funding to support
research into laying hen and turkey disease prevention,
antimicrobial resistance, nutrition, gut health, and
alternative housing systems under extreme weather conditions.
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.
Nanotechnology.--The Committee supports research with
partners on nanotechnology which has the potential to improve
plant tolerance to extreme drought and heat.
Organic Agriculture Research.--The Committee encourages
NIFA to consider the USDA National Organic Standards Board
organic research priorities when crafting future AFRI Requests
for Applications. Given the growing demand for organic
products, the Committee also encourages NIFA to continue
organic research projects funded under AFRI.
Supplemental and Alternative Crops.--The Committee
recognizes the importance of nationally coordinated, regionally
managed canola research and extension programs. The Committee
encourages NIFA to continue to seek input from stakeholders
regarding canola research and to address research needs in
areas with the greatest potential to expand canola production,
as well as those where canola production is established and
needs to be maintained.
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... 8,000
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... 6,000
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, 2,000
3362, 3363.
Agriculture and Food Research 7 U.S.C. 3157....... 443,200
Initiative.
Veterinary Medicine Loan Repayment 7 U.S.C. 3151a...... 10,500
Veterinary Services Grant Program. 7 U.S.C. 3151b...... 4,500
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...... 3,000
Research Equipment Grants......... 7 U.S.C. 3310a...... 5,000
Alfalfa Seed and Alfalfa Forage 7 U.S.C. 5925....... 4,250
Systems Research Program.
Minor Crop Pest Management (IR-4). 7 U.S.C. 450i(e).... 15,750
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.
Open Data Standards for Neutral Sec. 757 of Division 1,200
Data Repository. A of PL 117-103.
Special Research Grants:.......... 7 U.S.C. 450i(c).... ..............
Potato Research............... .................... 4,500
Aquaculture Research.......... .................... 2,000
Total, Special Research .................... 6,500
Grants.
Necessary Expenses of Research and
Education Activities:
Grants Management Systems..... .................... 7,000
Federal Administration--Other .................... 11,500
Necessary Expenses.
Total, Necessary Expenses... .................... 18,500
Total, Research and .................... $1,071,900
Education Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
2024 appropriation.................................... ($11,880,000)
2025 budget estimate.................................. (11,880,000)
Provided in the bill.................................. (11,880,000)
Comparison:
2024 appropriation.................................. - - -
2025 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Native American Institutions Endowment Fund, the
Committee provides $11,880,000.
EXTENSION ACTIVITIES
2024 appropriation.................................... $561,700,000
2025 budget estimate.................................. 610,605,000
Provided in the bill.................................. 561,164,000
Comparison:
2024 appropriation.................................. -536,000
2025 budget estimate................................ -49,441,000
COMMITTEE PROVISIONS
For National Institute of Food and Agriculture Extension
Activities, the Committee provides an appropriation of
$561,164,000.
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 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).. 12,000
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b...... 21,500
Institutions.
Renewable Resources Extension Act. 16 U.S.C. 1671 et. 4,000
seq..
Rural Health and Safety Education 7 U.S.C. 2662(i).... 4,000
Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642....... 2,159
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 3,500
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 .................... 8,000
at Risk.
Federally Recognized Tribes .................... 4,405
Extension.
Total, Section 3(d)......... .................... 87,405
Necessary Expenses of Extension
Activities:
Agriculture in the K 12 7 U.S.C. 3152(j).... 500
Classroom.
Federal Administration--Other .................... 7,100
Necessary Expenses for
Extension Activities.
Total, Necessary Expenses... .................... 7,600
Total, Extension Activities. .................... $561,164
------------------------------------------------------------------------
INTEGRATED ACTIVITIES
2024 appropriation.................................... $41,100,000
2025 budget estimate.................................. 15,000,000
Provided in the bill.................................. 41,100,000
Comparison:
2024 appropriation.................................. - - -
2025 budget estimate................................ +26,100,00
COMMITTEE PROVISIONS
For National Institute of Food and Agriculture Integrated
Activities, the Committee provides an appropriation of
$41,100,000.
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).... 2,600
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.. .................... $41,100
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
2024 appropriation.................................... $1,617,000
2025 budget estimate.................................. 1,852,000
Provided in the bill.................................. 800,000
Comparison:
2024 appropriation.................................. -817,000
2025 budget estimate................................ -1,052,000
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)
2024 appropriation.................................... $1,162,026,000
2025 budget estimate.................................. 1,174,871,000
Provided in the bill.................................. 1,147,250,000
Comparison:
2024 appropriation.................................. -14,776,000
2025 budget estimate................................ -27,621,000
COMMITTEE PROVISIONS
For the Animal and Plant Health Inspection Service (APHIS),
Salaries and Expenses, the Committee provides an appropriation
of $1,147,250,000.
The Committee provides increases for the following
programs: $2,000,000 for Animal Health Technical Services;
$1,000,000 for Cattle Health; $1,500,000 for Specialty Crop
Pests; and $2,000,000 for Wildlife Damage Management.
Within the amount included for Specialty Crop Pests, the
Committee includes $72,446,000 for fruit fly exclusion and
detection; $72,359,000 for citrus health, including $11,514,000
for HLB-MAC; $21,266,000 for the glassy-winged sharpshooter;
$6,909,000 for the pale cyst nematode; $4,043,000 for the
European grapevine moth; $9,340,000 for the navel orangeworm;
$3,022,000 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 2024 FY 2025 Committee
enacted estimate provision
----------------------------------------------------------------------------------------------------------------
Animal Health Technical Services................................ $40,000 $39,686 $42,000
Aquatic Animal Health........................................... 4,500 7,625 4,500
Avian Health.................................................... 65,000 65,722 65,000
Cattle Health................................................... 111,000 112,066 112,000
Equine, Cervid, and Small Ruminant Health....................... 35,000 23,205 35,000
National Veterinary Stockpile................................... 6,000 6,520 6,500
Swine Health.................................................... 26,500 30,767 26,500
Veterinary Biologics............................................ 21,000 21,898 21,000
Veterinary Diagnostics.......................................... 63,000 64,429 63,000
Zoonotic Disease Management..................................... 21,000 21,773 21,000
-----------------------------------------------
Subtotal, Animal Health..................................... 393,000 393,691 396,500
Agricultural Quarantine Inspection (Appropriated)............... 35,500 40,763 36,500
Cotton Pests.................................................... 15,500 15,613 15,500
Field Crop & Rangeland Ecosystems Pests......................... 12,000 10,242 10,500
Pest Detection.................................................. 29,000 29,694 29,000
Plant Protection Methods Development............................ 21,500 22,990 21,500
Specialty Crop Pests............................................ 215,000 218,927 216,500
Tree & Wood Pests............................................... 59,000 63,534 58,000
-----------------------------------------------
Subtotal, Plant Health...................................... 387,500 401,763 387,500
Wildlife Damage Management...................................... 122,500 124,031 124,500
Wildlife Services Methods Development........................... 25,500 26,663 25,500
-----------------------------------------------
Subtotal, Wildlife Services................................. 148,000 150,694 150,000
Animal & Plant Health Regulatory Enforcement.................... 18,500 19,121 18,500
Biotechnology Regulatory Services............................... 19,500 23,681 19,500
-----------------------------------------------
Subtotal, Regulatory Services............................... 38,000 42,802 38,000
Contingency Fund................................................ 250 531 250
Emergency Preparedness & Response............................... 44,500 48,723 44,500
-----------------------------------------------
Subtotal, Emergency Management.............................. 44,750 49,254 44,750
Agriculture Import/Export....................................... 18,750 19,572 18,750
Overseas Technical & Trade Operations........................... 25,500 26,544 25,500
-----------------------------------------------
Subtotal, Safe Trade........................................ 44,250 46,116 44,250
Animal Welfare.................................................. 37,250 38,372 37,250
Horse Protection................................................ 3,500 4,166 2,500
-----------------------------------------------
Subtotal, Animal Welfare.................................... 40,750 42,538 39,750
APHIS Information Technology Infrastructure..................... 4,000 4,251 3,000
Physical/Operational Security................................... 5,000 5,195 5,000
Rent and DHS Payments........................................... 42,500 38,567 38,500
Congressionally Directed Spending............................... 14,276 0 0
-----------------------------------------------
Subtotal, Agency Management................................. 65,776 48,013 46,500
===============================================
Total, Direct Appropriation................................. $1,162,026 $1,174,871 $1,147,250
----------------------------------------------------------------------------------------------------------------
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
requests a plan 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 $36,500,000 for the AQI function,
including predeparture and interline inspections.
Agriculture Quarantine Inspection (AQI) Small Aircraft
Exemption.--The Committee is concerned that the Department, in
the final rule entitled ``User Fees for Agricultural Quarantine
and Inspection Services'' that was published on May 7, 2024,
removed the longstanding small aircraft exemption. The
Committee is concerned about loss of air service on short haul
international flights and that the removal of this exemption
and the restructured commercial aircraft fees for the AQI
program may not be equitable to small aircraft operators. The
Committee reiterates the direction included in the fiscal year
2024 Joint Explanatory Statement that the Secretary shall
provide the Committees with a detailed rationale for its
decision if regulatory relief is not granted in this area and
its compliance with Executive Order 13175.
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 reminds APHIS of the fiscal year 2024 Joint
Explanatory Statement encouraging the agency to initiate a
scientific evaluation of the impact of ``teachable moments'' on
animal welfare.
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 no less than the
fiscal year 2024 levels for the Avian Health Program, which
provides surveillance, prevention, and control of avian
diseases to protect the U.S. poultry industry.
Aviation Personnel Safety.--To help ensure the safety of
APHIS aviation personnel, the Committee encourages APHIS to
invest in leading Health and Usage Monitoring System
technologies for the agency's aircraft fleet.
Aviation Training Center.--The Committee encourages APHIS
to engage with the Utah Department of Agriculture and Food
regarding the use of the Aviation Training and Operations
Center located in Cedar City, Utah.
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.
Biotechnology Approval.--The Committee notes that despite
the fact that the People's Republic of China (PRC) agreed in
2020 to adopt a transparent, predictable, and science-based
regulatory system for products derived from agricultural
biotechnology, the PRC has to-date refused to live up to these
promises. The Committee notes that, despite broken promises by
the PRC, USDA approved a PRC agriculture biotech firm's
genetically altered soybeans, thereby potentially undermining
our trade position vis-a-vis the PRC. The Committee included
language prohibiting USDA to return Confirmation Request and
Regulatory Status Review submissions of any foreign adversary
entity, including the PRC, but urges USDA to go further in
suspending Permits granted to PRC entities until the PRC adopts
a reciprocal framework that approves similar U.S. technology
for distribution in the PRC.
Biotechnology Regulatory Services.--The Committee
recognizes the important role the Biotechnology Regulatory
Services (BRS) plays in advancing biotechnology innovation.
Since APHIS published a final rule in May 2020 to update
biotechnology regulations under 7 CFR Part 340 for certain
organisms developed using genetic engineering, developers
continue to experience significant delays when applying for
regulatory status reviews and, to a lesser degree, permits. The
Committee encourages BRS to complete reviews as expeditiously
as possible and reduce regulatory burdens for developers of
organisms that are unlikely to pose plant pest risks.
Canine Detection and Surveillance.--The Committee
recognizes the important role APHIS' canines program plays in
invasive species and disease detection and provides $3,022,000
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 $112,000,000 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 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 encourages 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 $17,500,000 for
APHIS to implement the Chronic Wasting Disease (CWD) Research
and Management Act, of which $12,500,000 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
$5,000,000 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 2024 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 $15,500,000 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 maintains fiscal year
2024 levels of $15,000,000 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 final rule, ``Use of Electronic Identification Eartags
as Official Identification in Cattle and Bison'' (89 FR 39540).
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 2024 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 $1,000,000 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.
Glassy Winged Sharpshooter.--The Committee maintains fiscal
year 2024 levels 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.
Glossy Buckthorn.--The Committee is concerned about the
spread of glossy buckthorn, an invasive shrub species that
thrives in forests and wetlands. Glossy buckthorn is easily
spread by birds and animals and can establish itself in any
environment that has sufficient moisture. Its spread presents a
direct threat to the biodiversity of forests and wetlands
across the country, including the Allegheny National Forest.
The Committee requests a report on possible mitigation
strategies to limit the impacts of glossy buckthorn.
Grasshopper Suppression.--The Committee is aware of current
grasshopper suppression efforts and encourages APHIS to
increase treatment of acres in Montana based on the grasshopper
population, damage, and requests for treatments from land
managers.
Highly Pathogenic Avian Influenza (HPAI).--The Committee is
supportive of USDA and industry efforts to develop a HPAI
Initiative to assist the poultry industry in managing the
ongoing HPAI outbreak and its subsequent market impacts through
collaborative research among institutions with HPAI expertise.
The Committee encourages USDA to continue vaccine related
research, coordinate with industry and researchers on alternate
vaccine administration techniques to minimize bird handling and
maximize animal welfare, work to develop surveillance methods
of differentiating infected from vaccinated birds, develop new
advanced biosecurity practices, wild bird mitigation and
research, and work with the U.S. Trade Representative to
accelerate negotiations with trading partners to permit poultry
and egg trade to continue under pre-negotiated terms in the
event that vaccination for HPAI must be used to prevent or
mitigate future outbreaks.
The Committee is also concerned by the emerging and ongoing
outbreak of HPAI in dairy herds across the United States that
has resulted in a sharp drop in feed intake and milk production
by infected cows. Continued spread of HPAI will impact dairy
producers, milk production and utilization of foodgrains
nationwide, and lead to increased milk prices for consumers.
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
deployment of a HPAI vaccine may address concerns from the
scientific community about transmission, future variants, and
mortality rates. In fact, the Committee is aware of private
companies' investment in vaccine development for H5N1 in dairy
herds. The Committee directs USDA to report on the status of
vaccine research, development, and approvals and engage with
other relevant agencies to evaluate the potential for use of
vaccines for dairy cattle. USDA should also describe strategies
to mitigate concerns of international trading partners and
align with applicable international standards and agreements
for potential vaccine use.
Further, the Committee understands that there is concern
among some dairy producers about data collection efforts to
confirm infections in the absence of indemnity assistance
assurances. Data collection and testing efforts must take into
consideration the importance of a producer's future ability to
market milk and meat. The Committee will continue monitoring
the situation and encourages USDA to consider providing
indemnity assistance to producers where appropriate.
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. The Committee is concerned the
final rule, Horse Protection Amendments, published May 8, 2024
(89 FR 39194), ignores the strong concerns of and comments
submitted by industry experts, is based on out-of-date and
unreliable data, and exceeds the agency's legal authority under
the Horse Protection Act. Further, the cost-benefit analysis
accompanying the rule relies on data that is over a decade old
and severely underestimates the impact the rule will have on
the 20,000 jobs supported by the Tennessee Walking Horse
industry. The Committee reiterates that an objective, science-
based inspection system would provide assurance for both
accuracy and fairness. Therefore, the Committee directs APHIS
to withdraw the final rule and work with the industry to
eliminate soring using objective, science-based protocols.
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 2024 levels
for APHIS to strengthen its oversight of imported dogs,
including stronger interagency coordination to better protect
animal and public health.
Improvements in USDA Animal Care Public Search Tool.--APHIS
is directed to make the following changes to the USDA Animal
Care Public Search Tool: any posted inspection report must
contain a link to all other inspection reports for that
licensee and, if USDA and/or DOJ have taken any official
action(s) against a licensee and such action(s) is final,
link(s) to all such action(s) shall be included the database
shall be searchable for all direct and critical violations
without the need to choose a specific regulatory violation.
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 continues to provide funding for NAHLN
through both APHIS and NIFA at no less than $18,500,000 for
fiscal year 2025. 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 Clean Plant Network (NCPN).--The Committee
recognizes the importance of the NCPN, which was created to
protect U.S. crops, including berries, grapes, nuts, fruit
trees, roses, sweet potatoes, and citrus, from the spread of
economically devastating plant pests and diseases.
National Honeybee Disease Survey Report.--The Committee
continues funding the survey at the 2024 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.
M-44 Sodium Cyanide Devices.--The Committee supports the
purchase, deployment, and training of third parties on the use
of M-44 sodium cyanide ejector devices (M-44s). These devices
are an important tool for the control of predators preying on
livestock, poultry, or federally designated threatened and
endangered species. The Committee directs APHIS to fully
incorporate M-44s in the agency's wildlife damage management
strategy as appropriate.
Mormon Crickets.--The Committee provides an increase of
$1,500,000 for the suppression and control of Mormon crickets
and grasshoppers on private and public lands. The Committee
directs APHIS to make available additional emergency use
applications, according to product use label standards, to
states under circumstances of critical infestation, which is
identified as more than two crickets per square yard after
initial treatment or more than eight grasshoppers per square
yard after initial treatment, or as determined by state survey
data in consultation with APHIS.
Pale Cyst Nematode Eradication.--The Committee includes
funding to maintain resources for the pale cyst nematode
eradication program at the 2024 level to continue successful
efforts to eradicate this pest. If left untreated, this pest
could spread, affecting other crops.
Paraguay Beef.--The Committee is concerned about the final
rule titled ``Importation of Fresh Beef From Paraguay'' (88
Fed. Reg. 77883). The rule is based on a risk assessment that
relies on potentially outdated data from in-country site visits
that occurred in 2008 and 2014. The conclusions drawn from a
science-based risk assessment are only as reliable as the data
included in the assessment. Therefore, it is critical for APHIS
to use current data to confirm Paraguay's animal health and
inspection systems can provide an equivalent level of safety
compared to the United States prior to allowing fresh beef
imports from Paraguay. The Committee directs APHIS, as
expeditiously as possible, to conduct an additional in-country
site visit in Paraguay and provide the Committee an updated
risk analysis that incorporates data from the visits.
Scrapie Eradication Program.--The Committee maintains
funding at the 2024 level for the National Scrapie Eradication
Program.
Spotted Lanternfly.--The Committee remains concerned about
the recent Spotted Lanternfly outbreak and provides an increase
of $500,000 to support efforts to combat this pest. The
Committee requests that APHIS keeps it apprised of the
program's strategy and progress.
Sulfuryl Fluoride.--The Committee encourages APHIS to
consider adding sulfuryl fluoride treatments for logs, wood
products and solid wood packing material to its Treatment
Manual to facilitate the export of U.S. forestry products and
other goods and to provide additional options for the
protection of tree nut and stored grain commodities.
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 maintains the fiscal year 2024 levels for
USDA to continue advancing the work of the Swine Health
Improvement Program.
Training.--The Committee notes that there have been nearly
1,300 violations related to Institutional Animal Care and Use
Committees (IACUC) reported in research facility inspection
reports, including ARS facilities. The Committee directs APHIS
to consider whether it needs to provide training materials to
research institutions, including ARS, to achieve better
compliance with IACUC requirements. The Committee also directs
APHIS to ensure that its Animal Care inspectors are fully
trained in their responsibilities related to the Endangered
Species Act, including documenting all violations and working
with other Federal agencies.
Transparency.--APHIS is directed to provide a table,
updated quarterly, in a prominent place on the Animal Care
website linked from the home page, showing the total number of
inspections and violations, broken down by direct, non-critical
and critical violations, and what enforcement action was taken
or none, if applicable. The Committee also directs APHIS to
similarly post a detailed report on instances of confiscation;
the number of animals voluntarily surrendered by license
holders to resolve alleged Animal Welfare Act violations, the
process for confiscating animals from Animal Welfare Act
license holders and the process for determining where
confiscated or voluntarily surrendered animals will be
relocated.
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
maintains fiscal year 2024 levels 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.
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 2024 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.
Wood Imports.--The Committee recognizes the majority of
U.S. manufactured finished wood products require a combination
of domestically grown species with international species, the
latter of which cannot be grown in the United States. APHIS,
Fish and Wildlife Service, and Customs and Border Protection
are jointly responsible for overseeing processes with respect
to the Lacey Act. The Committee supports further coordination
across the agencies with respect to wood product imports and
directs APHIS to provide a report within 180 days of enactment
detailing USDA's current role in the wood importation
declaration process and how it interacts with other agencies to
help expedite shipments that are delayed.
Zoological Disaster Response.--The Committee provides not
less than fiscal year 2024 levels of $450,000 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
2024 appropriation.................................... $222,887,000
2025 budget estimate.................................. 234,888,000
Provided in the bill.................................. 192,200,000
Comparison:
2024 appropriation.................................. -30,687,000
2025 budget estimate................................ -42,688,000
COMMITTEE PROVISIONS
For Marketing Services of the Agricultural Marketing
Service (AMS), the Committee provides an appropriation of
$192,200,000.
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.
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 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.
Dried Fruit Standards.--The Committee recognizes the need
for updated dried fruit standards to meet the needs of current
processors. The Committee encourages AMS to keep the Committee
updated on efforts to update specifications for dried sweet
cherries and dried apples.
Dried Sweet Cherries.--The Committee encourages AMS to
consider purchases of dried sweet cherries, which will help
reduce food waste and provide a healthy snacking option to
program participants.
Dry Edible Beans.--The Committee recognizes the nutritional
qualities of dry edible beans and encourages AMS to enhance the
amount and frequency of dry edible bean purchases.
Molasses Imports.--The Committee is concerned about
possible circumvention with respect to imported molasses. Any
circumvention violates U.S. trade law and adversely impacts the
administration of important U.S. policies contained in 7 U.S.C.
7272 et. seq. and 7 U.S.C. 1359aa et. seq. Therefore, the
Committee directs AMS to carry out testing to verify and
validate the methodology and protocols of the inspection of all
imported molasses at northern border ports of entry, or other
ports as appropriate, including whether the molasses meets each
statutory requirement without the use of additives or blending,
relevant definitional explanatory notes, and each property
typical of molasses in the United States.
Olive Oil Authenticity Testing Program.--The Committee
directs AMS to administer a testing program that will result in
robust data sets of authenticity parameters for domestically
produced olive oil to better understand the relation of various
environments, soils, varietals, growing regions, and the
concerns around the purity parameters in standards and
compliance of U.S. oils. The testing program should include
physio-chemical and organoleptic analysis of domestically
produced olive oil.
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.
Simplified Applications.--The Committee is aware AMS
implemented a simplified, turnkey grant application in fiscal
year 2023 for Farmers Market and Local Food Promotion Grants,
with applications restricted to specific project types. The
Committee encourages the agency to expand the turnkey
application to include other common activities, such as vendor
and customer outreach activities, farmers market manager staff
time, regional food chain coordination, and special purpose
equipment.
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.
Wild Game Processing Technical Assistance.--The Committee
recognizes the important role of wild game processing in rural
food supply chains, especially in the business models of many
small and very small processors. The Committee encourages AMS
to expand the scope of the existing Meat and Poultry Processing
Capacity--Technical Assistance Program to include assistance
for processors interested in opening or expanding facilities
that conduct custom-exempt wild game processing.
LIMITATION ON ADMINISTRATIVE EXPENSES
2024 limitation....................................... ($62,596,000)
2025 budget limitation................................ (62,596,000)
Provided in the bill.................................. (62,596,000)
Comparison:
2024 limitation..................................... - - -
2025 budget estimate................................ - - -
COMMITTEE PROVISIONS
The Committee provides a limitation of $62,596,000 on
Administrative Expenses of the Agricultural Marketing Service.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND
SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
2024 appropriation.................................... ($21,501,000)
2025 budget estimate.................................. (22,701,000)
Provided in the bill.................................. (22,701,000)
Comparison:
2024 appropriation.................................. +1,200,000
2025 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Marketing Agreements and Orders Program, the
Committee provides a transfer from Section 32 funds of
$22,701,000. The following table reflects the status of this
fund:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD--FISCAL YEARS 2024-2025
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
FY 2024 FY 2025 Committee
enacted estimate provision
----------------------------------------------------------------------------------------------------------------
Appropriation (30% of Customs Receipts)........................ $30,801,267 $24,678,697 $24,678,697
Less Transfers:
Food and Nutrition Service.................................. -28,784,623 -22,592,333 -22,592,333
Commerce Department......................................... -377,363 -377,363 -377,363
Less FNS transfer for the Farm Bill FFVP.................... - - - -199,000 -199,000
-----------------------------------------------
Total, Transfers.......................................... -29,161,986 -23,168,696 -23,168,696
Budget Authority, Farm Bill..................................... 1,657,384 1,709,000 1,709,000
Appropriations Temporarily Reduce--Sequestration ........... -83,356 -86,070 -86,070
Unavailable for Obligation (FFVP transfer to FNS)........... - - - - - - -195,000
Available for Obligation.................................... 1,574,028 1,622,930 1,427,930
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............................ 1,660 2,500 2,500
Disaster Relief............................................. 5,000 5,000 5,000
Farm Bill Specialty Crop Purchases (Remaining Funds)........ 206,000 206,000 206,000
Fresh Fruit and Vegetable Program........................... 195,000 - - - - - -
Estimated Future Needs...................................... 561,742 660,000 660,000
-----------------------------------------------
Total, Commodity Procurement.............................. 1,459,402 1,363,500 1,363,500
Administrative Funds:
Commodity Purchase Support.................................. 37,178 37,729 37,729
Marketing Agreements and Orders............................. 21,501 22,701 22,701
-----------------------------------------------
Total, Administrative Funds............................... 58,679 60,430 60,430
===============================================
Total Obligations......................................... $1,518,081 $1,423,930 $1,423,930
----------------------------------------------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
2024 appropriation.................................... $1,000,000
2025 budget estimate.................................. 1,235,000
Provided in the bill.................................. 1,000,000
Comparison:
2024 appropriation.................................. - - -
2025 budget estimate................................ -235,000
COMMITTEE PROVISIONS
For Payments to States and Possessions, the Committee
provides an appropriation of $1,000,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
2024 limitation....................................... ($55,000,000)
2025 budget limitation................................ (60,000,000)
Provided in the bill.................................. (55,000,000)
Comparison:
2024 limitation..................................... - - -
2025 budget limitation.............................. -5,000,000
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
2024 appropriation.................................... $1,117,000
2025 budget estimate.................................. 1,152,000
Provided in the bill.................................. 800,000
Comparison:
2024 appropriation.................................. -317,000
2025 budget estimate................................ -352,000
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
2024 appropriation.................................... $1,190,009,000
2025 budget estimate.................................. 1,244,231,000
Provided in the bill.................................. 1,223,841,000
Comparison:
2024 appropriation.................................. +33,832,000
2025 budget estimate................................ -20,390,000
COMMITTEE PROVISIONS
For the Food Safety and Inspection Service (FSIS), the
Committee provides an appropriation of $1,223,841,000. 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 2025:
FOOD SAFETY AND INSPECTION SERVICE
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal Inspection.................................... $1,098,908
Public Health Data Communication Infrastructure System 35,272
International Food Safety and Inspection.............. 22,000
State Food Safety and Inspection...................... 67,661
-----------------
Total, Food Safety and Inspection Service......... $1,223,841
------------------------------------------------------------------------
Food Donations.--The Committee recognizes the importance of
food loss and waste reduction, and encourages FSIS, in
coordination with the Food Loss and Waste Reduction Liaison, to
consider updates to food donation guidelines to clarify safety
protocols for food donations.
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.
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.
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 is concerned that FSIS has not
established a permanent regulatory solution for evisceration
line speeds above the current regulatory cap. The Committee is
also concerned that FSIS imposed new requirements on plants
participating in the Time Limited Trial for swine
establishments, failed to provide the adequate oversight during
the initial study, and has provided no timeline or plan for
establishing a permanent regulatory solution. The Committee
directs FSIS to provide an update to the Committee on the
agency's plan for providing oversight to ensure the second
study is successful and the contractor stays within the
parameters of the study, establishing a permanent regulatory
solution, and extending existing waivers for poultry and swine
establishments in a timely manner and without disruptions while
working to develop the permanent regulatory solution. The
Committee also requests an explanation of the rational for
utilizing a sole source contract to hire the research firm,
accounting of costs associated with the Time Limited Trial,
including costs associated with the study design, employing the
third-party contractor, and data collection starting in March
2022.
Salmonella.--The Committee recognizes the importance of
science-based regulations and urges the USDA to ensure that any
new salmonella performance standard in poultry products be
based on sound scientific principles and risk assessment. The
Committee directs USDA to produce a report within 90 days of
enactment of this Act on the scientific basis for any proposed
changes to salmonella performance standards, including an
analysis of their potential impact on food safety, public
health, and economic viability of the poultry industry.
State Inspections.--The Committee is aware of concerns that
insufficient funding provided by FSIS to state meat and poultry
inspection programs from within existing appropriations may
result in states withdrawing from this important program,
leading to FSIS having to provide full inspection to those
state inspected processing facilities at 100 percent cost. The
Committee continues to encourage FSIS to aim for a
reimbursement rate of 50 percent.
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
2024 appropriation.................................... $1,527,000
2025 budget estimate.................................. 1,964,000
Provided in the bill.................................. 901,000
Comparison:
2024 appropriation.................................. -626,000
2025 budget estimate................................ -1,063,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Farm Production
and Conservation (FPAC), the Committee provides an
appropriation of $901,000.
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.
Crawfish Disaster Assistance.--The Committee recognizes the
importance of ensuring that disaster assistance programs are
accessible for all sectors within the agriculture industry,
including aquaculture. The Committee is aware of current
policies at the Small Business Administration (SBA) that
exclude assistance for certain crawfish producers who also
engage in rice farming. The Committee encourages the Secretary
to collaborate with the Administrator of the SBA, if requested,
to evaluate and update SBA policies related to disaster
assistance programs to ensure that dual-crop farmers who have
experienced losses in their aquaculture operations are not
excluded from disaster relief.
Property Damage.--The Committee encourages the Secretary to
follow up on the report, as required in House Report 118-124,
on how USDA may reimburse landowners along the United States'
southern border for property damages related to trespassing,
and expeditiously implement a process for property damage
reimbursements.
Farm Production and Conservation Business Center
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
2024 appropriation.................................... $244,183,000
2025 budget estimate.................................. 246,250,000
Provided in the bill.................................. 213,671,000
Comparison:
2024 appropriation.................................. -30,512,000
2025 budget estimate................................ -32,579,000
COMMITTEE PROVISIONS
For the Farm Production and Conservation Business Center,
the Committee provides an appropriation of $213,671,000. 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
----------------------------------------------------------------------------------------------------------------
2024 appropriation.................................. $1,209,307,000 $305,803,000 $1,515,110,000
2025 budget estimate................................ 1,240,703,000 (311,546,000) 1,522,249,000
Provided in the bill................................ 1,204,307,000 (305,803,000) 1,510,110,000
Comparison:
2024 appropriation.............................. -5,000,000 - - - -5,000,000
2025 budget estimate............................ -36,396,000 -5,743,000 -12,139,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For Salaries and Expenses of the Farm Service Agency (FSA),
the Committee provides an appropriation of $1,204,307,000 and
transfers of $305,803,000 for a total program level of
$1,510,110,000.
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.
PFAS.--The Committee is aware that PFAS contamination can
cause significant financial distress for farmers and encourages
FSA to provide the maximum flexibility possible to impacted
borrowers as appropriate.
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
2024 appropriation.................................... $6,500,000
2025 budget estimate.................................. 7,000,000
Provided in the bill.................................. 6,000,000
Comparison:
2024 appropriation.................................. -500,000
2025 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
2024 appropriation.................................... $7,000,000
2025 budget estimate.................................. 7,500,000
Provided in the bill.................................. 7,000,000
Comparison:
2024 appropriation.................................. - - -
2025 budget estimate................................ -500,000
COMMITTEE PROVISIONS
For the Grassroots Source Water Protection Program, the
Committee provides an appropriation of $7,000,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
2024 appropriation.................................... $500,000
2025 budget estimate.................................. 500,000
Provided in the bill.................................. 500,000
Comparison:
2024 appropriation.................................. - - -
2025 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 2025
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)
2024 loan level....................................... $10,685,584,000
2025 budget estimate.................................. 9,055,166,000
Provided in the bill.................................. 9,055,166,000
Comparison:
2024 loan level..................................... -1,630,418,000
2025 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Agricultural Credit Insurance Fund program account,
the Committee provides a loan level of $9,055,166,000.
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 2024 enacted FY 2025 estimate provision
----------------------------------------------------------------------------------------------------------------
Farm Loan Programs:
Farm Ownership:
Direct................................................ $3,100,000 $1,966,970 $1,966,970
Unsubsidized Guaranteed............................... 3,500,000 3,500,000 3,500,000
Farm Operating:
Direct................................................ 1,633,000 1,100,000 1,100,000
Unsubsidized Guaranteed............................... 2,118,491 2,118,491 2,118,491
Emergency Loans........................................... 37,667 37,000 37,000
Indian Tribe Land Acquisition Loans....................... 20,000 20,000 20,000
Conservation Loans:
Direct................................................ - - - 300,000 300,000
Unsubsidized Guaranteed............................... 150,000 - - - - - -
Indian Highly Fractionated Land........................... 5,000 - - - - - -
Boll Weevil Eradication................................... 60,000 5,000 5,000
Relending Program......................................... 61,426 7,705 7,705
-----------------------------------------------------
Total............................................... 10,685,584 9,055,166 9,055,166
----------------------------------------------------------------------------------------------------------------
The following table reflects the costs of loan programs
under credit reform:
AGRICULTURE CREDIT PROGRAMS--SUBSIDIES AND GRANTS
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2024 enacted FY 2025 estimate provision
----------------------------------------------------------------------------------------------------------------
Farm Loan Subsidies:
Farm Ownership:
Direct................................................ - - - $35,602 $35,602
Farm Operating:
Direct................................................ 27,598 2,860 2,860
Unsubsidized Guaranteed............................... 1,483 - - - - - -
Emergency Loans........................................... 3,507 4,488 4,488
Indian Highly Fractionated Land........................... 1,577 - - - - - -
Relending Program......................................... 19,368 2,661 2,661
Boll Weevil Eradication................................... 258 18 18
-----------------------------------------------------
Total............................................... 53,791 45,629 45,629
ACIF Expenses:
FSA Salaries and Expenses............................. 305,803 311,546 305,803
Program Administrative Expenses....................... 20,250 20,658 20,250
-----------------------------------------------------
Subtotal, Administrative Expenses................... 326,053 332,204 326,053
-----------------------------------------------------
Total, ACIF Expenses.............................. $379,844 $377,833 $371,682
----------------------------------------------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
2024 appropriation.................................... $65,637,000
2025 budget estimate.................................. 65,950,000
Provided in the bill.................................. 61,855,000
Comparison:
2024 appropriation.................................. -3,782,000
2025 budget estimate................................ -4,095,000
COMMITTEE PROVISIONS
For the Risk Management Agency (RMA), the Committee
provides an appropriation of $61,855,000.
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 2023, alfalfa acreage has declined 27.8
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.
Cover Crops.--The Committee recognizes that cover crops
planted in rotation with primary crops have potential to
improve soil health and to create additional revenue for
farmers as feedstocks for biofuels production. The Committee is
concerned, however, that existing RMA regulations classify
cover crops as secondary crops when harvesting seeds for
biofuel production, which affects a farmer's ability to obtain
crop insurance for their primary crops. The Committee
encourages RMA to submit a report to the Committee on how the
agency can streamline opportunities for farmers to insure
primary and secondary crops with revenue streams resulting from
biofuel use.
Dairy-Revenue Protection.--The Committee recognizes that
dairy farmers are relative newcomers to using crop insurance
for milk and were largely unable to use crop insurance to
insure milk losses for many years. The Committee is aware that
producers use the Dairy-Revenue Protection (DRP) product to
obtain near-term coverage but support improvements to DRP so
that it offers affordable risk management during periods of
long-term price decline. The Committee encourages RMA to work
with Congress to identify improvements to DRP to provide this
enhanced support to producers.
Pecan Revenue Policy.--The Committee encourages RMA, within
existing authorities, to provide an election to exclude, with
respect to 1 or more of the crop years used to establish the
actual revenue history of pecans of the producer, any recorded
or appraised yield for any crop year in which the per planted
acre yield of pecans in the county of the producer was at least
50 percent below the simple average of the per planted acre
yield of pecans in the county during the previous 10
consecutive crop years (according to 7 USC 1508g(4)(c)). The
Committee directs RMA to provide a report within 180 days of
enactment of this Act on the implementation of this policy
election.
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.
Reporting Requirements.--The Committee is aware of concerns
that RMA exceeded its authority under the Standard Reinsurance
Agreement by issuing Bulletin No. MGR-24-003. The Committee
acknowledges revisions made to the bulletin to lift the cease-
and-desist action, but notes concerns continue to exist
regarding the legal authority of RMA to require certain new
reporting requirements.
Winegrapes.--The Committee recognizes the importance of
production of premium winegrapes in San Joaquin County,
California. Given the significance of the region to the
winegrape industry, the Committee encourages RMA to continue
efforts to expand the California counties eligible for
Grapevine Crop Insurance Program.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
2024 appropriation.................................... $914,899,000
2025 budget estimate.................................. 985,203,000
Provided in the bill.................................. 902,994,000
Comparison:
2024 appropriation.................................. -11,905,000
2025 budget estimate................................ -82,209,000
COMMITTEE PROVISIONS
For Natural Resources Conservation Service (NRCS)
Conservation Operations, the Committee provides an
appropriation of $902,994,000.
The Committee provides $14,751,000 for the Snow Survey and
Water Forecasting Program; $10,751,000 for the Plant Materials
Centers; $86,757,000 for the Soil Surveys Program; and
$759,495,000 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.
Alfalfa Utilization.--The Committee encourages NRCS to
incentivize the use and integration of alfalfa in NRCS programs
to capitalize on the unique conservation benefits it brings to
the agricultural landscape.
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.
Driftless Area Conservation.--The Committee recognizes the
environmental and economic benefits of the Driftless Area
Landscape Conservation Initiative (DALCI), which expired in
2017. The Committee supports the revitalization of this program
to educate landowners, farmers, and operators on the benefits
of soil health, holistic grazing, and flood resilience. The
Committee directs the Secretary to report to the Committee
within 90 days of enactment on existing federal resources to
support locally driven conservation initiatives in the
Driftless Area and gaps in support due to the DALCI program's
expiration.
Environmental Evaluations.--The Committee directs USDA to
provide a detailed strategy of how the CPA-52 process will be
streamlined to allow partners to complete an environmental
evaluation for multiple landowners across a project area while
ensuring the environmental integrity of the area is accurately
assessed. The Committee further urges the agency to provide
formal training to both employees and partners of this
streamlined process to ensure consistency and transparency.
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.
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.
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.
Microbial Soil Amendments.--The Committee recognizes that
research and data show that biodiverse microbial soil
amendments have a positive impact on soil health. The Committee
encourages USDA to support the expanded use of these biologic
soil health solutions across a broad range of programs,
including the Environmental Quality Incentives Program, to
address soil health benefits related to yield increase,
advanced root development, input efficiency, improved water
efficacy, catastrophic soil damage restoration, and catalysts
to other soil health practices such as reduced tillage.
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.
Water Quality Data.--The Committee supports the
Department's creation of the National Water Quality Initiative
and regional watershed initiatives for the Mississippi River
and Chesapeake Bay. To promote transparency and understanding
of the water quality benefits of voluntary conservation
practices, the Committee urges USDA to utilize data collection
to publish an annual report on the nutrient and sediment
reductions achieved through conservation programs in the
Chesapeake Bay watershed, similar to the Department's annual
progress report on the Mississippi River Basin Healthy
Watersheds Initiative.
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.
WATERSHED AND FLOOD PREVENTION OPERATIONS
2024 appropriation.................................... $35,000,000
2025 budget estimate.................................. 70,000,000
Provided in the bill.................................. 20,000,000
Comparison:
2024 appropriation.................................. -15,000,000
2025 budget estimate................................ -50,000,000
COMMITTEE PROVISIONS
For the Watershed and Flood Prevention Operations (WFPO),
the Committee provides an appropriation of $20,000,000.
The Committee notes that the Watershed and Flood Prevention
Operations received $500,000,000 in the Infrastructure
Investment and Jobs Act (P.L. 117-58) and has significant
unobligated balances available.
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.
WATERSHED REHABILITATION PROGRAM
2024 appropriation.................................... $1,000,000
2025 budget estimate.................................. 2,003,000
Provided in the bill.................................. 10,000,000
Comparison:
2024 appropriation.................................. +9,000,000
2025 budget estimate................................ +7,997,000
COMMITTEE PROVISIONS
For the Watershed Rehabilitation Program, the Committee
provides an appropriation of $10,000,000.
The Committee notes that the Watershed Rehabilitation
program received $118,000,000 in the Infrastructure Investment
and Jobs Act (P.L. 117-58) and has significant unobligated
balances available.
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.
CORPORATIONS
Federal Crop Insurance Corporation Fund
2024 appropriation.................................... $15,484,000,000
2025 budget estimate.................................. 14,710,000,000
Provided in the bill.................................. 14,710,000,000
Comparison:
2024 appropriation.................................. -774,000,000
2025 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 $14,710,000,000).
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
2024 appropriation.................................... $12,438,000,000
2025 budget estimate.................................. 12,650,463,000
Provided in the bill.................................. 12,650,463,000
Comparison:
2024 appropriation.................................. +212,463,000
2025 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 $12,650,463,000).
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
2024 limitation....................................... ($15,000,000)
2025 budget estimate.................................. (15,000,000)
Provided in the bill.................................. (15,000,000)
Comparison:
2024 limitation..................................... - - -
2025 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
2024 appropriation.................................... $1,620,000
2025 budget estimate.................................. 1,658,000
Provided in the bill.................................. 800,000
Comparison:
2024 appropriation.................................. -820,000
2025 budget estimate................................ -856,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Rural Development
(RD), the Committee provides and appropriation of $800,000.
Coastal Infrastructure.--The Committee recognizes that
severe weather, coastal erosion, and tsunami risk pose
significant threats to coastal tribes' essential
infrastructure. The Committee encourages Rural Development to
work across all mission areas and offices to optimize
opportunities that provide technical and financial assistance
to distressed rural and tribal communities to support
infrastructure resilience activities and protect rural
economies from environmental and natural disaster risk and
vulnerabilities.
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 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.
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.
Rural Business Investment Program.--The Committee
recognizes the implementation of the Rural Business Investment
Program (RBIP) and the RBIP Operational Assistance Grants for
leveraged Rural Business Investment Companies (RBIC) did not
meet the desired outcomes. The Committee requests the
Department report to the Committee within 270 days of enactment
of this Act an analysis identifying why the programs did not
succeed and the potential for other avenues of similarly
leveraged funds for rural businesses.
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 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 looks forward to
reviewing the report requested in House Report 118-124.
Sustainable Aviation Fuel (SAF).--The Committee notes that
SAF has the potential to decarbonize the aviation industry by
utilizing several feedstocks such as ethanol, soy, tallow, wood
biomass, agricultural residue, and cover crops. The cultivation
of these feedstocks could provide a significant economic
opportunity in rural communities across the nation. While there
is significant demand by global air carriers, the Committee
believes more volume is needed to produce 3 billion gallons by
2030. The 9003 Program at the Department has significant
potential to scale up the volume of SAF by providing loans and
financial support to burgeoning enterprises in rural America.
The Committee directs the Secretary to provide a report to
Congress that includes 9003 program loan metrics and
alternative actions that could accelerate and scale SAF
Research and Development and biorefinery construction.
Uninhabited Properties.--The Committee recognizes the
demand for affordable rural housing and is concerned about
federal funding supporting uninhabited properties. The
Committee directs the agency to provide a report within 180
days of enactment of this Act outlining how many Rural
Development housing properties are uninhabited and in
foreclosure or real estate owned (REO), the number of
foreclosure sales that have taken place within the previous
three fiscal years, amount spent on taxes, mortgage, and
insurance for uninhabited properties in foreclosure or REO.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Committee
FY 2024 enacted FY 2025 estimate provision
----------------------------------------------------------------------------------------------------------------
Appropriations............................................ $351,087,000 $428,206,000 $346,087,000
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..................... $801,079,000 $878,198,000 $796,079,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For Rural Development, Salaries and Expenses, the Committee
provides an appropriation of $346,087,000. The Committee does
not include any resources for the Rural Partners Network.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Administrative
Loan level Subsidy level expenses
----------------------------------------------------------------------------------------------------------------
2024 Appropriation........................................ $26,405,000 $152,430 $412,254
2025 Budget Estimate...................................... 31,800,501 312,316 412,254
Provided in the Bill...................................... 26,453,500 171,486 412,254
Comparison:
2024 Appropriation.................................... +48,500 +19,056 - - -
2025 Budget Estimate.................................. -5,347,001 -140,830 - - -
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Rural Housing Insurance Fund program account, the
Committee provides a loan level of $26,453,500,000. The
Committee does not provide the authority or resources for
ending the recapture requirement for Section 502 direct loans.
Farm Labor Housing.--The Committee urges the Secretary to
better utilize available data on demand for the Farm Labor
Housing program such as systematically reviewing local areas,
further analyzing occupancy data on a statewide, regional, or
national level, and collecting application information so that
available funding is directed to areas of greatest need. The
Committee also encourages the USDA, in collaboration with other
relevant federal agencies including the Department of Labor, to
analyze data related to the different agricultural industries
on the different housing types appropriate to accommodate the
housing needs of permanent or seasonal farmworkers.
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]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2024 enacted FY 2025 estimate provision
----------------------------------------------------------------------------------------------------------------
Rural Housing Insurance Fund Loans:
Direct.............................................. $880,000 $1,250,000 $950,000
Native American Re-Lending Demonstration Program.... 5,000 7,501 5,000
Unsubsidized Guaranteed............................. 25,000,000 30,000,000 25,000,000
Housing Repair (sec. 504)............................. 25,000 28,000 18,000
Rental Housing (sec. 515)............................. 60,000 70,000 48,000
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.................................... 15,000 25,000 12,500
-----------------------------------------------------
Total, Loan Authorization........................... $26,405,000 $31,800,501 $26,453,500
----------------------------------------------------------------------------------------------------------------
The following table reflects the costs of loan programs
under credit reform:
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2024 enacted FY 2025 estimate provision
----------------------------------------------------------------------------------------------------------------
Single Family Housing (sec. 502):
Direct.............................................. $84,480 $174,000 $112,100
Native American Re-Lending Demonstration Program.... 2,288 3,704 2,469
Housing Repair (sec. 504)........................... 4,338 5,992 3,852
Rental Housing (sec. 515)............................. 20,988 27,713 19,003
Multifamily Housing Revitalization.................... 34,000 90,000 28,000
Farm Labor Housing.................................... 5,222 9,690 4,845
Site Development (sec. 524)........................... 477 491 491
Self-Help Land (sec. 523)............................. 637 726 726
-----------------------------------------------------
Total, Loan Subsidies............................... 152,430 312,316 171,486
Farm Labor Housing Grants............................. 7,500 10,000 - - -
RHIF Expenses:
Administrative Expenses............................. $412,254 $412,054 $412,254
----------------------------------------------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
2024 appropriation.................................... $1,608,000,000
2025 budget estimate.................................. 1,690,376,000
Provided in the bill.................................. 1,684,376,000
Comparison:
2024 appropriation.................................. +76,376,000
2025 budget estimate................................ -6,000,000
COMMITTEE PROVISIONS
For the Rental Assistance Program, the Committee provides
an appropriation of $1,684,376,000. 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
2024 appropriation.................................... $48,000,000
2025 budget estimate.................................. 54,000,000
Provided in the bill.................................. 54,000,000
Comparison:
2024 appropriation.................................. +6,000,000
2025 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Rural Housing Voucher Account, the Committee
provides an appropriation of $54,000,000.
MUTUAL AND SELF-HELP HOUSING GRANTS
2024 appropriation.................................... $25,000,000
2025 budget estimate.................................. 32,000,000
Provided in the bill.................................. 20,000,000
Comparison:
2024 appropriation.................................. -5,000,000
2025 budget estimate................................ -12,000,000
COMMITTEE PROVISIONS
For the Mutual and Self-Help Housing program, the Committee
provides an appropriation of $20,000,000.
RURAL HOUSING ASSISTANCE GRANTS
2024 appropriation.................................... $35,000,000
2025 budget estimate.................................. 46,000,000
Provided in the bill.................................. 20,000,000
Comparison:
2024 appropriation.................................. -15,000,000
2025 budget estimate................................ -26,000,000
COMMITTEE PROVISIONS
For the Rural Housing Assistance Grants program, the
Committee provides an appropriation of $20,000,000, including
$8,000,000 for rural housing preservation grants.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2024 appropriation.................................... $18,000,000
2025 budget estimate.................................. 62,000,000
Provided in the bill.................................. 493,230,000
Comparison:
2024 appropriation.................................. +475,230,000
2025 budget estimate................................ +431,230,000
COMMITTEE PROVISIONS
For the Rural Community Facilities Program Account, the
Committee provides an appropriation of $493,230,000.
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 2024 enacted FY 2025 estimate provision
----------------------------------------------------------------------------------------------------------------
Loan Levels:
Community Facility Direct Loans.................... ($2,800,000) ($1,250,000) ($1,000,000)
Community Facility Guaranteed Loans................ (650,000) (650,000) (650,000)
Subsidy and Grants:
Direct Loan Subsidy................................ ................. ................. 11,200
Community Facility Grants.......................... 5,000 32,000 472,030
Rural Community Development Initiative............. 5,000 6,000 4,000
Tribal College Grants.............................. 8,000 10,000 6,000
--------------------------------------------------------
Total, Rural Community Facilities Program Subsidy $18,000 $62,000 $493,230
and Grants......................................
----------------------------------------------------------------------------------------------------------------
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
2024 appropriation.................................... $66,615,000
2025 budget estimate.................................. 54,500,000
Provided in the bill.................................. 26,400,000
Comparison:
2024 appropriation.................................. -40,215,000
2025 budget estimate................................ -28,100,000
COMMITTEE PROVISIONS
For the Rural Business Program Account, the Committee
provides an appropriation of $26,400,000.
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.
Categorical Exclusions.--The Committee acknowledges the
Fiscal Responsibility Act provided certain flexibilities
designed to speed up the loan delivery process. The Committee
urges the Department to review its current approach and
consider that certain projects or loans are not subject to
Section 106 review. Adopting these flexibilities, as other
Federal agencies have, may assist in eliminating delays, undue
burdens and costs on applicants.
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 manufacturers in 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. The Committee encourages the Department to
expedite the implementation of the program, including grants to
processors of invasive, wild-caught catfish as indicated in
Section 755 of P.L. 118-42.
The following programs are included in the bill for the
Rural Business Program account $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 2024 enacted FY 2025 estimate provision
----------------------------------------------------------------------------------------------------------------
Loan Levels:
Business and Industry Guaranteed Loans............. ($1,600,000) ($2,250,000) ($2,200,000)
Subsidy and Grants:
Business and Industry Guaranteed Loans............. 38,080 4,500 4,400
Rural Business Development Grants.................. 20,535 37,000 18,000
Rural Innovation Stronger Economy Grants........... - - - 4,000 - - -
Delta Regional Authority/Appalachian Regional 8,000 9,000 4,000
Commission/Northern Border Regional Commission....
--------------------------------------------------------
Total, Rural Business Program Subsidy and Grants. $66,615 $54,500 $26,400
----------------------------------------------------------------------------------------------------------------
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Administrative
Loan level Subsidy level expenses
----------------------------------------------------------------------------------------------------------------
2024 Appropriation..................................... $10,000 $3,035 $4,468
2025 Budget Estimate................................... 18,890 6,434 4,468
Provided in the Bill................................... 9,000 3,065 4,468
Comparison:
2024 Appropriation................................... -1,000 +30 - - -
2025 Budget Estimate................................. -9,890 -3,369 - - -
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Intermediary Relending Program Fund Account, the
Committee provides for a loan level of $9,000,000.
For the loan subsidy, the Committee provides an
appropriation of $3,065,000. In addition, the Committee
provides $4,468,000 for administrative expenses.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
2024 appropriation.................................... $75,000,000
2025 budget estimate.................................. 75,000,000
Provided in the bill.................................. 75,000,000
Comparison:
2024 appropriation.................................. - - -
2025 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
2024 appropriation.................................... $24,600,000
2025 budget estimate.................................. 28,300,000
Provided in the bill.................................. 16,600,000
Comparison:
2024 appropriation.................................. -8,000,000
2025 budget estimate................................ -11,700,000
COMMITTEE PROVISIONS
For Rural Cooperative Development Grants, the Committee
provides an appropriation of $16,600,000.
This total includes $2,800,000 for a cooperative agreement
for the Appropriate Technology Transfer for Rural Areas program
and $5,000,000 for the Value-added Agricultural Product Market
Development Grant Program under the Local Agriculture Market
Program in the 2018 Farm Bill.
Value-Added Producer Grants (VAPG).--The Committee
recognizes that VAPG enables small and medium-sized farms to
improve farm viability by accessing growing value-added markets
and encourages USDA to promote awareness among potential
applicants of the availability of VAPG funds for eligible
projects that modify animal housing systems to comply with
state requirements or facilitate the sale of compliant products
to new markets.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
2024 appropriation.................................... $5,000,000
2025 budget estimate.................................. 6,518,000
Provided in the bill.................................. 5,000,000
Comparison:
2024 appropriation.................................. - - -
2025 budget estimate................................ -1,518,000
COMMITTEE PROVISIONS
For the Rural Microentrepreneur Assistance Program (RMAP),
the Committee provides an appropriation of $5,000,000.
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
2024 appropriation.................................... ($50,000,000)
2025 budget estimate.................................. (1,000,000,000)
Provided in the bill.................................. (100,000,000)
Comparison:
2024 appropriation.................................. +(50,000,000)
2025 budget estimate................................ -(900,000,000)
COMMITTEE PROVISIONS
For the Rural Energy for America Program, the Committee
provides a loan authorization level of $100,000,000 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)
2024 appropriation.................................... $595,972,000
2025 budget estimate.................................. 794,850,000
Provided in the bill.................................. 496,716,000
Comparison:
2024 appropriation.................................. -99,256,000
2025 budget estimate................................ -298,134,000
COMMITTEE PROVISIONS
For the Rural Water and Waste Disposal Program Account, the
Committee provides an appropriation of $496,716,000.
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....................... ($860,000) ($1,370,000) ($860,000)
Water and Waste Guaranteed Loans................... (50,000) (50,000) (50,000)
Subsidy and Grants:
Direct Subsidy..................................... 73,670 145,850 88,924
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.................. 65,000 66,000 20,000
Water and Waste Technical Assistance Grants........ 35,000 38,000 30,000
Circuit Rider Program.............................. 21,817 25,000 21,817
Solid Waste Management Grants...................... 4,000 4,000 4,000
High Energy Cost Grants............................ 8,000 - - - - - -
Water and Waste Disposal Grants.................... 372,485 385,000 316,975
306A(i)(2) Grants.................................. 10,000 15,000 10,000
--------------------------------------------------------
Total, Subsidies and Grants...................... $595,972 $794,850 $496,716
----------------------------------------------------------------------------------------------------------------
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.
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.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Administrative
Loan level Subsidy level expenses
----------------------------------------------------------------------------------------------------------------
2024 Appropriation.................................. $7,970,000 $42,568 $33,270
2025 Budget Estimate................................ 6,599,437 47,696 33,270
Provided in the Bill................................ 8,095,000 42,140 33,270
Comparison:
2024 Appropriation................................ +125,000 -428 - - -
2025 Budget Estimate.............................. +1,495,563 -5,556 - - -
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Rural Electrification and Telecommunications Loans
Program Account, the Committee provides a loan level of
$8,095,000,000. 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 2024 FY 2025 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....................................... 550,000 - - - 345,000
Direct, FFB................................................. - - - - - - 345,000
-----------------------------------------------
Total, Loan Authorizations.............................. $7,970,000 $6,599,437 $8,095,000
----------------------------------------------------------------------------------------------------------------
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in thousands]
------------------------------------------------------------------------
FY 2024 FY 2025 Committee
enacted estimate provision
------------------------------------------------------------------------
Rural Electrification and
Telecommunication Loans
Rural Energy Savings $3,578 10,700 $5,040
Program..................
Telecommunications Direct, 5,720 3,726 3,830
Treasury.................
Administrative Expenses... 33,270 33,270 33,270
-----------------------------------------
Total, Rural 48,496 89,946 42,140
Electrification and
Telecommunications.....
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
[Dollars in thousands]
------------------------------------------------------------------------
FY 2024 FY 2025 Committee
enacted estimate provision
------------------------------------------------------------------------
Broadband Program:
Community Connect Grants.. 20,000 35,000 20,000
Broadband ReConnect Loans 100,385 112,500 105,842
and Grants...............
Distance Learning and
Telemedicine:
Grants.................... 49,574 60,000 35,469
-----------------------------------------
Total, Loan Subsidy and $169,959 $207,400 $161,311
Grants.................
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Distance Learning, Telemedicine, and Broadband
Program, the Committee provides an appropriation of
$161,311,000.
The Committee commends USDA for providing in its most
recent NOFO 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. The Committee encourages
USDA to continue to use the FCC's National Broadband Map as
part of the process of identifying unserved and underserved
areas. It is critical that USDA avoid efforts that could
duplicate existing or planned broadband networks, including
avoiding granting funding in areas where another provider
already has 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, even if construction is not yet
commenced.
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 alternate forms of security instead of providing
irrevocable letters of credit and a first lien on assets.
Applications should only require the data strictly necessary to
evaluate the application, and post-award burdens should be
minimized.
Audit Requirements.--The Committee urges the Department to
consider ReConnect awardees that are a publicly traded company
and subject to the audit standards of the Public Company
Accounting Oversight Board (PCAOB), accepting the financial
statements audited in accordance with those standards in lieu
of the requirements in 7 CFR 1773.
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.
Evolving Broadband Technologies.--The Committee recognizes
the evolving landscape in broadband deployment technology,
including minimally disruptive, surface-level installation
technologies that may be effective in getting service to hard-
to-reach areas. The Committee urges USDA to engage with
relevant stakeholders and consider all broadband installation
technologies in program implementation.
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.
REAP Applications.--The Committee understands REAP
applicants are supporting renewable energy projects in
buildings that previously did not require insulation because
prior operations generated sufficient heat, such as former
mills. REAP applications currently require applicants to
compare heating bills to demonstrate energy improvements have
decreased bills. The Committee encourages the Agency to examine
any changes to consider or support these projects.
ReConnect.--The Committee provides an additional
$100,000,000 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 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
and shall not provide a scoring disadvantage based specifically
upon the form of organization or commercial status of a
broadband service provider
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.
Speed Standards.--The Committee supports the Federal
Communications Commission's recent action to increase its
benchmark for high-speed broadband service from 25/3 megabits
per second (Mbps) to 100/20 Mbps. This update recognizes that
consumer bandwidth needs are growing and sets a standard that
reflects household usage today. The Committee urges USDA to
consider areas lacking access to internet service of 100/20
Mbps in fiscal year 2025, to provide consistency across federal
programs and ensure that all rural consumers are receiving
access to high-speed internet services.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
2024 appropriation.................................... $1,127,000
2025 budget estimate.................................. 1,416,000
Provided in the bill.................................. 800,000
Comparison:
2024 appropriation.................................. -327,000
2025 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 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)
2024 appropriation.................................... $33,266,226,000
2025 budget estimate.................................. 31,799,851,000
Provided in the bill.................................. 31,749,468,000
Comparison:
2024 appropriation.................................. -1,516,758,000
2025 budget estimate................................ -50,383,000
COMMITTEE PROVISIONS
For the Child Nutrition Programs, the Committee provides an
appropriation of $31,749,468,000.
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 poor physical health and eating disorders.
The Committee requests a report within 120 days of the
enactment of this Act on FNS' progress to work with and inform
State Education Agencies that obesity and eating disorder
information can be included in local school wellness policies.
Pulse Crops.--The Committee encourages FNS to evaluate the
acceptability and availability of pulse crops in the National
School Lunch Program.
Summer Food Service Program.--The Committee supports FNS
allowing State agencies to use non-congregate meal programs
where necessary and encourages USDA to provide technical
assistance funding for States to implement meal delivery
options for children in rural areas. The funding should be
prioritized for States interested in partnering with a non-
profit entity that has experience in implementing meal delivery
options in rural areas and to uphold program integrity as
required.
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.
Yogurt Protein Crediting.--No later than 180 days after the
date of enactment of this Act, FNS is directed to publish a
policy memo that establishes a crediting system for yogurt
reflecting that authentically strained Greek yogurts contain
twice as much protein as traditional yogurts and Greek yogurts
shall receive twice as many credits per 4 ounce serving.
The Committee provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program................................. $14,500,000
School breakfast program............................. 6,409,860
Child and adult care food program.................... 4,432,743
Summer food service program.......................... 878,304
Summer EBT Benefits.................................. 2,635,052
Special milk program................................. 6,668
State administrative expenses........................ 746,385
Commodity procurement................................ 1,960,069
Team Nutrition....................................... 18,004
Food safety education................................ 4,196
Coordinated review................................... 10,000
Computer support and processing...................... 41,238
CACFP training and technical assistance.............. 50,996
Child Nutrition Program studies and evaluations...... 21,005
Child Nutrition payment accuracy..................... 15,515
Farm to school tactical team......................... 6,433
School meals equipment grants........................ 10,000
Farm to School grants................................ 3,000
Total.......................................... $31,749,468
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
2024 appropriation.................................... $7,030,000,000
2025 budget estimate.................................. 7,697,000,000
Provided in the bill.................................. 7,235,000,000
Comparison:
2024 appropriation.................................. +205,000,000
2025 budget estimate................................ -462,000,000
COMMITTEE PROVISIONS
For the Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC), the Committee provides an
appropriation of $7,235,000,000, which is increased to reflect
the latest consumer price index.
USDA data shows WIC participation has declined since June
of 2023 and remained flat in recent months. Birth rates also
remain at an all-time low according to the Centers for Disease
Control and Prevention (CDC). Furthermore, the Secretary has a
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 2025 remains sufficient to serve all eligible
participants.
Breastfeeding Services.--The Committee remains interested
in how to improve breastfeeding rates through consistent,
collaborative, and high-quality breastfeeding services and
supplies. Reports that some WIC agencies only make breast pumps
and related supplies available to WIC participants who meet
certain criteria are concerning and seem to be in opposition to
the goals of encouraging breastfeeding. FNS is directed to
provide a report to the Committee within 120 days of enactment
of this Act detailing any conditions WIC agencies consider, or
requirements they impose, when determining whether a WIC
participant who intends to fully breastfeed her infant may
access breastfeeding supplies and services. The report should
also identify any waivers active or granted in the last five
years allowing any state agency to spend less than required by
WIC program regulations on reastfeeding promotion and support
activities.
Milk Allowance in the WIC Food Package.--In the final rule
entitled ``Revisions to the WIC Food Packages,'' USDA ignored
the Congressional directive in the fiscal year 2024 explanatory
statement directing the Secretary not to reduce the maximum
monthly allowance for milk. The Dietary Guidelines for
Americans (DGA) have identified dairy products as nutrient-
dense while also noting that a high percentage of the U.S.
population, including WIC's at-risk population, are not
consuming the recommended level of dairy. The Committee remains
concerned about the reduction of the maximum monthly allowance
with respect to milk in the final rule, and bill language is
included to continue the previous recommended levels of dairy
in the WIC program.
Scientific Review of the WIC Food Package.--The most recent
edition of the DGAs has identified the early introduction of
potentially allergenic foods to infants as a solution to
prevent allergies later in life. In the next scientific review
of the WIC infant food packages, the Committee directs the
Secretary to include recommendations for the early introduction
of potentially allergenic foods The Committee also directs a
review of WIC participant redemption data to understand the
amount of nutrients being consumed across and within food
categories. The Committee is concerned that there is a gap
between actual nutrients consumed versus what is available
through approved food packages. The Committee encourages the
Department to use this information to help inform the next food
package recommendations.
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
2024 appropriation................................ $122,382,521,000
2025 budget estimate.............................. 123,324,961,000
Provided in the bill.............................. 123,160,159,000
Comparison:
2024 appropriation.............................. +777,638,000
2025 budget estimate............................ -164,802,000
COMMITTEE PROVISIONS
For the Supplemental Nutrition Assistance Program, the
Committee provides $123,160,159,000. 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 increases within mandatory other program
costs except for the increased support for IT infrastructure.
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 and awaits the 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 duplicative participation across multiple states.
FNS is directed to rescind the interim final rule and enter
into a single national contract to expand the real-time
automated NAC to all 53 SNAP agencies.
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.--Within the funds provided for Nutrition Education
and Obesity Prevention Grants, FNS is encouraged to work with
Medicaid practitioners to provide nutrition education to their
patients on the importance of a healthy diet to prevent
negative health outcomes.
Further, 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.
SNAP Pilot.--In implementing the SNAP pilot, USDA is
expected to consider proposals that restrict the purchase of
non-nutritious food or beverage items based upon nutrient
content rather than calories. USDA should prioritize proposals
that also incentivize the purchase of fruits and vegetables
with additional non-federal resources.
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............................................. $108,730,689
Contingency reserve.................................. 3,000,000
Administrative costs:
State administrative costs....................... 6,040,792
Nutrition Education and Obesity Prevention Grant 538,000
Program.........................................
Employment and Training.......................... 680,192
Mandatory other program costs.................... 407,480
Discretionary other program costs................ 7,998
------------------
Administrative subtotal........................ 7,674,462
Nutrition Assistance for Puerto Rico (NAP)........... 2,983,775
American Samoa....................................... 11,983
Food Distribution Program on Indian Reservations..... 242,000
TEFAP commodities.................................... 472,250
Commonwealth of the Northern Mariana Islands......... 35,000
Community Food Projects.............................. 5,000
Program access....................................... 5,000
------------------
Subtotal......................................... 3,755,008
Total.......................................... 123,160,159
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
2024 appropriation.................................... $480,070,000
2025 budget estimate.................................. 536,070,000
Provided in the bill.................................. 502,044,000
Comparison:
2024 appropriation.................................. +21,974,000
2025 budget estimate................................ -34,026,000
COMMITTEE PROVISIONS
The Committee provides an appropriation of $502,044,000 for
the Commodity Assistance Program. This includes $409,974,000
for the Commodity Supplemental Food Program, $11,000,000 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 is encouraged to
continue working to increase the purchase of Kosher and Halal
food from food manufacturers with a Kosher or Halal
certification and keep the Committee apprised of efforts to
increase the number of kosher and halal certified products
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
2024 appropriation.................................... $177,348,000
2025 budget estimate.................................. 205,000,000
Provided in the bill.................................. 140,348,000
Comparison:
2024 appropriation.................................. -37,000,000
2025 budget estimate................................ -64,652,000
COMMITTEE PROVISIONS
For Nutrition Programs Administration, the Committee
provides an appropriation of $140,348,000.
Alcohol Recommendations in the Dietary Guidelines for
Americans (DGA).--The Committee remains concerned about the
removal of alcohol from the DGA process and allowing those
without the scientific nutritional expertise to make
recommendations on alcohol consumption among adults.
Considering alcohol recommendations outside of the regular
Dietary Guidelines Advisory Committee process, a decision made
unilaterally and without any public notice or input, has
significantly eroded confidence, transparency, and credibility
of this separate process. Since 1980, alcohol recommendations
have been included in the DGAs, and the Committee expects USDA
and HHS to continue with previous practice.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
2024 appropriation.................................... $932,000
2025 budget estimate.................................. 1,154,000
Provided in the bill.................................. 875,000
Comparison:
2024 appropriation.................................. -57,000
2025 budget estimate................................ -279,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Trade and Foreign
Agricultural Affairs, the Committee provides an appropriation
of $875,000.
OFFICE OF CODEX ALIMENTARIUS
2024 appropriation.................................... $4,922,000
2025 budget estimate.................................. 4,979,000
Provided in the bill.................................. 4,922,000
Comparison:
2024 appropriation.................................. - - -
2025 budget estimate................................ -57,000
COMMITTEE PROVISIONS
For the Office of Codex Alimentarius, the Committee
provides an appropriation of $4,922,000.
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
2024 Appropriation..................................... $227,330,000 $6,063,000 $233,393,000
2025 Budget Estimate................................... 244,533,000 6,063,000 250,596,000
Provided in the bill................................... 222,330,000 6,063,000 228,393,000
Comparison:
2024 appropriation................................... -5,000,000 - - - -5,000,000
2025 budget estimate................................. -22,203,000 - - - -22,203,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Foreign Agricultural Service (FAS), the Committee
provides an appropriation of $222,330,000 and a transfer of
$6,063,000 for a total of $228,393,000.
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.
Ready-to-Use-Therapeutics (RUTF).--The Committee directs
FAS, no later than 90 days after enactment of this Act, to
provide a report on how existing funding may be used for the
procurement of RUTFs to combat hunger and support domestic
agriculture.
U.S. Commodities.--The Committee directs FAS to provide a
report to the Committee no later than 180 days after the
enactment of this Act detailing the agency's barriers and
efforts to maximize the purchase and use of U.S. commodities in
the Food for Peace Title II and McGovern-Dole food programs.
FOOD FOR PEACE TITLE II GRANTS
2024 appropriation.................................... $1,619,107,000
2025 budget estimate.................................. 1,800,000,000
Provided in the bill.................................. 1,000,000,000
Comparison:
2024 appropriation.................................. -619,107,000
2025 budget estimate................................ -800,000,000
COMMITTEE PROVISIONS
For Food for Peace Title II grants, the Committee provides
an appropriation of $1,000,000,000.
The Committee notes significant unobligated balances remain
available from the $1,000,000,000 USDA transferred from the
Commodity Credit Corporation for a new international food aid
program that functionally will operate similar to Food for
Peace Title II Grants. Further, the Committee is aware that
USDA has over $300,000,000 of unobligated carryover balances
for Food for Peace Title II Grants.
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
2024 appropriation.................................... $240,000,000
2025 budget estimate.................................. 243,331,000
Provided in the bill.................................. 240,000,000
Comparison:
2024 appropriation.................................. - - -
2025 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)
2024 appropriation.................................... $6,063,000
2025 budget estimate.................................. 6,063,000
Provided in the bill.................................. 6,063,000
Comparison:
2024 appropriation.................................. - - -
2025 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
----------------------------------------------------------------------------------------------------------------
2024 Appropriation..................................... $3,522,150 $3,199,632 $6,721,782
2025 Budget Estimate................................... 3,682,167 3,249,385 6,931,552
Provided in the bill................................... 3,500,150 3,249,385 6,749,535
Comparison:
2024 Appropriation................................... -22,000 +49,753 +27,753
2025 Budget Estimate................................. -182,017 - - - -182,017
----------------------------------------------------------------------------------------------------------------
For the Food and Drug Administration, the Committee
provides $3,500,150,000 in discretionary budget authority and
$3,249,385,000 in definite user fees for a total of
$6,749,535,000. 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 FDA inspection delays for
pharmacies and outsourcing facilities, citing staffing and
resource shortages as contributing factors. The Committee
requests a report within 180 days of enactment of this Act
detailing inspections and addressing resolution timelines for
observation and warning letters.
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.
Accelerated Approval Program.--The Committee continues to
recognize the importance of and supports the FDA's continued
use of the Accelerated Approval Pathways to provide patients
with unmet medical needs access to new therapies, including ALS
patients. The Committee is concerned that the application of
the Accelerated Approval Pathway is not uniform between CDER
and CBER. The Committee requests that FDA brief the Committee
within 120 days of enactment of this Act detailing the steps
the FDA can take to ensure the Accelerated Approval Pathways is
being administered equally in both CDER and CBER. Further, the
Committee urges FDA to clarify its guidance that when
considering new therapies for Accelerated Approval, including
in ALS, survivability is a clinical endpoint that will be
considered, consistent with the current statute.
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 awaits the briefing regarding the agency's
surveillance and enforcement efforts to ensure accountability
for companies that withhold material information concerning
unsafe drug products.
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 as
allergens, but recognizes that FDA currently lacks the
authority to amend the list of major food allergens. The
Committee encourages the FDA's Center for Food Safety and
Applied Nutrition (CFSAN) to identify other food allergens for
which labeling on food packaging as a non-major food allergen
would be appropriate and implement a rulemaking process toward
such labeling on packaged foods.
Angelman Syndrome.--The Committee is informed of the
promising research and development progress in the treatment of
Angelman syndrome (AS), a rare and devastating neurogenetic
disorder. At the same time, there are significant challenges in
developing sensitive outcome measures to use in clinical trials
for potential therapies. The FDA advanced this field in 2017
through funding for a prospective natural history study in
Angelman syndrome. The Committee strongly encourages the FDA to
expand this support through rare disease grants regulatory, as
appropriate. The Committee also recommends renewed FDA
attention to expanding the assessment of Angelman syndrome
clinical endpoints and novel biomarkers, in part based on the
natural history background, and encourages broad data-sharing
across the industry for this and other rare diseases in light
of the limited size of patient populations.
Artificial Intelligence.--The Committee supports the steps
FDA has taken to identify and oversee issues related to AI in
drug development and urges the Commissioner to formalize a
dedicated, cross-center team of experts in AI-enabled drug
development. In establishing the AI Team, the Committee
encourages the agency to engage internal and external experts
with a deep understanding of machine learning algorithms, data
preprocessing, predictive modeling, and model validation, and
who can help inform the evaluation of the reliability and
trustworthiness of AI models trained on complex biological
datasets as resources permit. The Commissioner shall brief the
Committee no later than 120-180 days after enactment of this
act on any plans to formalize a team of experts on AI.
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.--As the Agency continues to
implement Guidance for Industry (GFI) #256, Compounding Animal
Drugs from Bulk Drug Substances, the Committee encourages the
FDA to continue collaborating with stakeholder organizations,
including State boards of pharmacy, pharmacy organizations, and
accreditation bodies, to develop inspectional guidelines that
are shared with the inspected pharmacies and allow for
consistent application. Furthermore, the Committee encourages
FDA to consult with practicing veterinarians and to adequately
consider their concerns when evaluating nominations and making
decisions for the List of Bulk Drug Substances for Compounding
Office Stock Drugs for Use in Nonfood-Producing Animals.
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 awaits the report requested in House Report 118-124
on the ongoing review, data being utilized to update
guidelines, and its outreach and education to blood donation
centers relating to its updated recommendations.
Blood Safety and Pathogen Reduction.--The Committee urges
the FDA to modify guidance on screening for prospective plasma
and platelet donors when scientific evidence supports the use
of FDA-approved pathogen reduction technology as an alternative
to certain donor deferrals to adequately and appropriately
reduce the risk of certain transfusion-transmitted infections
and safeguard the blood supply.
Biosimilars.--The Committee urges the FDA to consider a
single, shared system Risk Evaluation and Mitigation Strategies
(REMS) for biosimilars and their reference products based on
the risk messaging and profile that encourages cooperation
among the REMS participants, while allowing adequate
flexibility for REMS with different, but comparable elements,
if appropriate. This may drive increased biosimilar
development, expanded patient access, and provide savings for
patients and the health care system. The Committee directs the
FDA to provide a report to the Committees no later than 120
days from the date of enactment of this Act.
Blood Supply Chain Task Force.--The Committee recognizes
the challenges in ensuring a safe and available blood supply,
which depends on a reliable supply chain of critical supplies
and equipment. The Committee directs the Secretary to establish
a taskforce, in conjunction with FDA, NIH, CDC, and private
stakeholders, to study, review, and evaluate the supply chain
to manufacture blood and blood components. Within 180 days of
enactment, the Secretary shall submit a report on its strategic
plan to develop a taskforce and how it will coordinate with
relevant federal agencies to address blood supply chain issues
to help predict and prevent shortages of supplies and equipment
that may impact the safety and availability of the blood
supply.
Breakthrough Therapies.--The Committee recognizes the
increased interest and need to study psychedelics and qualified
plant-based alternative therapies, and their potential
therapeutic effects. The Committee encourages FDA to work with
the DoD on leveraging clinical trials, as authorized by title
10 United States Code, chapter 55, to improve our understanding
of psychedelics. The Committee also encourages FDA and DoD to
work together in developing and supporting public-private
collaborations to advance psychedelic research for therapeutic
purposes.
Cannabidiol Oil Enforcement.--The Committee is concerned
about the proliferation of products 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 and
cancer. Such products may also be contaminated with harmful
substances.
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.--While the Committee is pleased that FDA has
issued a proposed rule on Canned Tuna standards of identity and
standard of fill of container for canned tuna, the Committee is
concerned that the proposed rule has not been finalized. FDA is
directed to finalize the proposed regulations revising the
standard of identity and standard fill for canned tuna.
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 awaits the report 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.
Clinical Trial Diversity.--The Committee supports FDA's
continued efforts to implement legislation and policies
requiring study sponsors to submit a diversity action plan for
phase 3 studies of new drugs. The Committee directs FDA to
consider how it can flexibly use its authorities and to provide
additional guidance to study sponsors regarding mechanisms to
remedy inadequate progress as those study sponsors continue to
work with FDA to overcome common barriers to participation,
including restrictive eligibility criteria and limited
enrollment outreach, particularly in rural or underserved
areas. FDA is directed to provide a report to the Committee
within 180 days of enactment of this Act on steps it can take
to overcome barriers.
Compounding.--The Committee is concerned about recent drug
shortages and considers patient access to critical medications
a patient safety issue. The Committee recognizes the important
role 503A state-licensed compounding pharmacies and 503B
outsourcing facilities have played during shortages of drugs
needed to treat COVID patients and subsequent shortages of
children's suspension drugs. The Committee urges the FDA to
continue to utilize the regulatory flexibility given to the
agency by Congress to quickly respond to drug shortages in the
short term by allowing pharmacies and outsourcing facilities to
safely compound those drugs and protect patient access until
manufacturers are able to stabilize the supply chain and meet
patient needs.
COVID Vaccine.--During the COVID-19 pandemic, FDA was able
to rapidly make available a variety of safe and efficacious
COVID-19 countermeasures which helped to significantly reduce
burden of disease. However, the evolution of SARS-CoV-2 has
reduced the efficacy of several products and is requiring
health authorities to continuously examine potential updates,
most notably to the strain composition and presentations of
COVID-19 vaccines. FDA has followed a strain selection process
with timelines for updating COVID-19 vaccine composition. FDA
should continue to follow a process whereby the agency
recommends modifications to vaccine composition as needed and
practical to take into account viral evolution, and whenever
possible to provide all vaccine manufacturers, irrespective of
manufacturing technology, the essential time needed to adapt
their products accordingly and scale up production to mitigates
potential risks associated with over-reliance on individual
producers or manufacturing technology, thereby supporting the
availability of COVID-19 vaccine options for healthcare
providers and consumers. This strengthens the vaccine supply by
mitigating risks associated with product recalls, supply chain
disruptions, or changes to clinical guidance limiting use in a
given population.
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.
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 Inspections.--The U.S. imports nearly 40 percent of
its needles and syringes from China and these devices have
shown to have both quality and compatibility issues. The
Committee urges FDA to increase its oversight and inspection of
essential medical devices, particularly drug delivery devices
and accessories, made in China. FDA is directed to provide a
report to the Committee with short and long-term plans on
increasing inspections of Chinese essential medical device
facilities.
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.
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.
Domestic Infant Formula Supply.--The Committee remains
concerned about the fragility of the infant formula market in
the United States, especially following the 2022 infant formula
shortage crisis. The Committee encourages the FDA to streamline
approval processes for small domestic manufacturers to increase
and diversify the domestic supply of infant formula.
Donor Human Milk.--The Committee remains concerned over the
lack of Federal oversight of the donor human milk supply and
continues to encourage the Department to regulate donor human
milk. At present, most human milk banks rely on self-generated
screening, production, safety and quality guidelines even
though human milk is a human tissue and carries the inherent
risks associated with human tissue. The Committee encourages
the Office of Critical Foods to ensure that donor human milk
banks are registered and inspected on a routine basis, and that
donor human milk is meeting the nutritional and safety needs of
the babies who receive it by focusing on crucial aspects of
food safety such as testing and nutritional labeling.
Epilepsy Medication.--The Committee recognizes certain
products have gone through and received FDA approval with a
product that contains cannabidiol. Section 760 of the bill
accompanying this report does not affect that drug approval.
Essential Medicines List.--The Committee is concerned by
the ongoing shortage of commonly used chemotherapeutic drugs,
including cisplatin and carboplatin. These shortages have hurt
cancer care, including, in some cases, care rationing. Reliable
access to chemotherapeutic drugs is essential to cancer care.
The Committee is concerned that the FDA has only included a
single chemotherapeutic drug on its FDA Essential Medicines
list.
Evidentiary Hearings.--The Committee urges the FDA to
conduct an evidentiary hearing as governed by 21 U.S.C.
360b(e)(1)(B) and 21 C.F.R. Part 12 before removing any
approved drug from the market. The Food Drug and Cosmetic Act
and other federal laws require FDA to afford the sponsor of an
animal drug due process before taking a drug off the market.
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 Modernization Act.--The Committee urges the continued
implementation of the FDA Modernization Act 2.0, designed to
modernize the drug development process and empower free market
competition. Significant delays may sow confusion among drug
sponsors and stifle free-market innovation in new drug
development. The Committee requests a briefing 120 days after
the enactment of this Act providing an update on implementation
and timeline of future activities.
Food Advisory Committees.--The Committee urges the FDA to
reestablish the Food Advisory Committee as recommended in the
Reagan-Udall Report. Advisory Committees are an important
method to deliver necessary external information, insight, and
expertise from outside of the Agency. Any renewed Advisory
Committee shall be established to elevate external input to
Human Foods Program activities, including from agriculture and
food industry stakeholders.
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 food security, and to 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.
Homeopathy.--The Committee appreciates many Americans use
homeopathic medicines. Consumer safety and access to these
products are best ensured by implementing a legal pathway that
includes homeopathic-specific standards for the regulation of
these medicines. The Committee understands FDA now takes the
position that it is limited to enforcing pharmaceutical
specific standards when taking enforcement action against
products labeled as homeopathic. FDAs interpretation of the law
that all homeopathic medicines are unapproved new drugs that
are illegally marketed has created confusion both for the
homeopathic community and enforcement officials. The Committee
urges the FDA to work with the homeopathic community regarding
the regulation of these medicines.
HPV Self Sampling.--One in four women in the United States
do not receive regular cervical cancer screenings, with more
than half of cervical cancer diagnoses occurring in women who
are not screened. While there are many barriers to screening,
including, but not limited to, fear of the procedure,
embarrassment, or lack of time or transportation. The Committee
encourages FDA to exercise the use of regulatory authorities to
expedite innovation related to at-home self-collection tests
that could increase and expand access to screenings for women
and address a persistent cancer health disparity for women who
are never screened or under-screened.
Human Drug Review Performance Trends.--The concurrent
investment of discretionary resources and Prescription Drug
User Fee Act [PDUFA] Program funds has resulted in a successful
program for over three decades, enabling faster review times in
the United States and allowing the American people to gain
quicker access to FDA-approved prescription drugs. The
Committee is aware of a recent decrease in FDA first cycle
approval rates with an increasing number of Complete Response
Letters [CRLs] being issued to drug manufacturers. This decline
is observed across all human drug review programs, including
novel drug approvals. In keeping with the PDUFA Performance
Goals to increase the first cycle approval rate for medicines
that are ultimately approved, the Committee directs FDA to
provide a report to the Committee with an analysis of how
issues that led to CRLs for medicines over the past 5 years
could have been resolved within the first review cycle.
Illicit Vapor Products.--The Committee continued to be
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. 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.
Insomnia.--The Committee encourages FDA to work with the
Drug Enforcement Agency (DEA) to prioritize actions to expand
access to insomnia treatments that greatly reduce the risk of
addiction compared to other treatments on the market. The
Committee understands that our servicemembers, veterans, and
first responders have a higher-than-average prevalence of
insomnia, and that DEA is currently undergoing a review to
potentially deschedule the DORA class of insomnia treatments.
FDA is encouraged to work swiftly to complete their Eight-
Factor Analysis, potentially even analyzing the class
concurrently with DEA to ensure that safer insomnia treatments
get to those who need.
International Device Inspections.--The Committee is
concerned about the impact of imported drugs and devices on
overall health product availability and safety. The Committee
encourages FDA to increase the frequency and rigor of
international drug and device manufacturer inspections to be
consistent with domestic manufacturer inspections.
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.
Interstate Commerce.--The Committee is concerned that state
legislative activity to ban FDA-approved food and color
additives threatens both the FDA's unified, science-based
federal food safety system, and the interstate commerce of
agricultural, food, and beverage goods. The Committee reaffirms
the essential role the FDA plays in determining the safety of
food and color additives in the nation's food and beverage
supply and encourages the FDA to clearly and actively
communicate with the public and state legislatures the efforts
it undertakes to protect public health from unsafe chemicals
and the risks to the food supply and interstate commerce that
would result without a unified, federal, science-based food
safety system. The Committee requests that FDA provide a report
90 days after the enactment of this Act that details food and
color additives that are under current FDA review and that FDA
is otherwise prioritizing for future review, including the
basis of potential safety concerns, the current status of the
review, and a timeline of review for each additive.
Intoxicating Cannabidiols.--The Committee directs FDA to
evaluate the public health and safety implications of
ingestible, inhalable, or topical products on the market that
contain intoxicating cannabinoids. The Committee encourages FDA
to assert a stronger commitment to identifying lawful federal
regulatory parameters that will protect the public health, such
as labeling requirements on all hemp-derived products; testing
procedures and standards to ensure product compliance and
adverse event reporting; packaging requirements to prevent
marketing to minors; and mandatory age limits for these
products at the point of purchase. FDA should provide a
briefing to the committee within 180 days of enactment of this
Act on the authorities needed to adequately regulate
cannabinoid hemp products, including authorities to support
consumer safety.
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.
Laboratory Developed Tests.--The FDA's final rule on
Laboratory Developed Tests (LDTs) puts forth a proposed
regulatory framework that is a significant shift in the way
LDTs are regulated and changes expectations for patients,
doctors, and laboratories for the first time since the Clinical
Laboratory Improvement Amendments Act was passed in 1988 at the
risk of greatly altering the United States' laboratory testing
infrastructure and reducing patient access to information that
informs their healthcare decision making. The Committee directs
the FDA to suspend its efforts to implement the rule and
continue working with Congress to modernize the regulatory
approach for LDTs.
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.
Marijuana Rescheduling.--The Committee is concerned about
deviations from established drug scheduling evaluation
standards in the FDA 2023 marijuana scheduling review. The
Committee directs the HHS Inspector General to complete a
report on the 2023 marijuana scheduling review including but
not limited to: deviations from the established five-factor
currently accepted medical use test, justification for a new,
two-factor currently accepted medical use test and whether this
will be the standard for all future reviews, use of a limited
number of hand-selected comparator substances, and inclusion of
research results that are not statistically significant or
inconclusive. The Committee is concerned about reports of the
mental health hazards of regular use of high-potency marijuana,
particularly among adolescents. The Committee encourages the
FDA to support research on high-potency marijuana and its
effects on the adolescent brain, specifically regarding
addiction and mental illness such as schizophrenia or
psychosis.
Natural Cheese.--The Committee encourages FDA to clarify
and define the category of natural cheese as cheese produced
from animal milk or certain dairy ingredients and in accordance
with established cheesemaking standards.
Net Weights.--The Committee remains concerned that FDA has
not devoted appropriate efforts to address suspected economic
integrity issues, particularly with respect to net weights and
treatment of seafood. The Committee appreciates the ongoing
review of processes for gathering information about potential
short-weighted seafood adulteration and how to best apply
inspectional resources to this issue. The Committee believes
short-weighted labeled products are in violation of the law and
that, despite industry reporting such examples and Committee
requests, FDA has not prioritized enforcement.
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 awaits the report requested in
House Report 118-124 providing details on the status of forming
the New Alternative Methods Program in the Commissioner's
office.
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.
Optimal Timing and Sequencing of Cancer Immunotherapy.--The
Committee commends the FDA for supporting the rapid
implementation of life-saving immunotherapies into the clinic.
New data suggest the administration of immunotherapies early in
the treatment timeline may be able to prevent or intercept
cancers before they develop into serious diseases, thus
improving patient outcomes. To support continued research, the
field must develop novel tools to efficiently run early-stage
clinical trials, including biomarkers that can detect early
disease, inform appropriate treatments, and serve as surrogates
for clinical endpoints. In addition, determination of early-
stage clinical trial endpoints at large that can characterize
patient benefit are necessary for continued momentum. The
Committee urges FDA to provide guidance on the development of
early disease clinical trial tools, including early-stage
biomarkers and clinical endpoints.
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.
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 90 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.
OTC Oral Contraception.--The Committee encourages the FDA
to issue guidance to pharmaceutical manufacturers on how to
submit a successful prescription to OTC oral contraception
products.
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 2024
agreement.
Ovarian Health.--The Committee recognizes that ovarian
health impacts a woman's whole health throughout her lifetime,
affecting health of her heart, immune system, metabolic
function, among other systems. When ovarian function declines
or ceases due to menopause, various medical conditions, or
following surgery, woman are at increase risks for developing
many chronic conditions, including heart disease, osteoporosis,
dementia, and autoimmune diseases. Advancing knowledge and
research on ovarian health could reduce many of these chronic
conditions, especially as women age.
Over-the-Counter Diagnostic Tests.--The Committee remains
concerned for Americans lacking equitable access to healthcare.
Diagnostics have proven to be a critical component in
protecting public health mitigating the spread of infectious
disease, as well as informing treatment options--still access
remains limited. The Committee is aware of existing OTC
diagnostic tests that would improve accessibility for
Americans, and encourage more frequent testing of common
infections, providing an overall benefit to public health.
Additionally, the Committee directs that no later than 180 days
after the passage of this Act, the Agency provides a briefing
on the FDA's efforts to expand access to OTC diagnostics,
including an update on the pipeline in general for these tests,
with special attention to products that address infections for
which there is no OTC diagnostic currently authorized.
Patient Experience Data.--The Committee supports the FDA's
efforts to identify patient experience data standards to inform
clinical research design and regulatory review under the
patient-focused drug development process and to accept such
data as a part of new drug applications. The Committee also
encourages FDA to make every effort to incorporate relevant
patient experience and preference data into product labeling to
better inform patients, caregivers and providers.
Pediatric Devices.--The Committee is aware of the success
of the FDA's Pediatric Device Consortia (PDC) program and
appreciates FDA's plans to incorporate real-world evidence
demonstration projects into the program.
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 complete the study requested in House Report 118-124
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.
Pet Food Packaging.--The Committee encourages the FDA to
review the potential health effects of PFAS migration from pet
food packaging on animals and take any needed action to protect
households from PFAS. The Committee recognizes the FDA has
already taken some steps to reduce PFAS in human food packaging
and should take further action to eliminate PFAS in animal food
packaging.
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
recognizes the FDA's 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. The Committee directs the FDA to
continue to develop these consensus standards by convening a
forum including participants from federal agencies with
experience in patient registries, including the Agency for
Healthcare Research and Quality, the Centers for Disease
Control and Prevention, the National Institutes of Health, and
others. The Forum should also include representatives of health
care professionals who serve pregnant and lactating people, the
pharmaceutical industry, electronic medical record companies,
and other organizations with registry experience.
Pregnant Women in Clinical Research.--The Committee remains
concerned about FDA's failure to issue final regulations
relating to the protection of human subjects, including parts
50 and 56 of title 21, Code of Federal Regulations, with the
latest regulations of the Department of Health and Human
Services relating to the inclusion of pregnant women as
subjects in clinical research, as required by 21st Century
Cures Act (P.L. 114-255). Despite, 90 percent of pregnant women
taking prescription medication during their pregnancy, 70
percent of medications approved by the FDA have no human
pregnancy data, and 98 percent have insufficient data to
determine the risk to the infant, leaving both the mother and
infant at risk to adverse health events. Following
recommendations of the Task Force on Research Specific to
Pregnant Women and Lactating Women, the Committee urges the
agency to issue final regulations.
Premarket Tobacco Applications.--The Committee is concerned
that various willfully non-compliant products containing non-
tobacco nicotine remain on the market, despite provisions in
the Consolidated Appropriations Act (the Act), 2022 (P.L. 117-
103) requiring these products to undergo premarket review by
FDA. Many timely filed tobacco-derived nicotine products still
await review by FDA and this delay in the review of filed
applications is confusing consumers, distributors, and
manufacturers. The Committee urges FDA to publish and regularly
update guidance to communicate to manufacturers, distributors,
and retailers an enforcement discretion policy for products
with timely-filed and pending Premarket Tobacco Applications
(PMTAs), and to prioritize any enforcement actions against
products without pending PMTAs or that did not file timely
applications.
Quality Management Maturity (QMM).--The Committee is
concerned about the ongoing impacts of drug shortages,
particularly those for generic sterile injectable drugs, on
patients and believes that a key driver of these shortages is
the lack of resilient supply chains. While the FDA has piloted
a QMM program and launched a voluntary QMM Prototype Assessment
Protocol Evaluation Program, the Committee believes a robust
QMM program is essential to ensuring product quality and
enhancing supply chain reliability. The Committee is eager to
learn the results of the current evaluation program and
requests an update on this evaluation and an estimate of the
cost to support a QMM program within 180 days of enactment.
Rare Diseases.--The Committee recognizes the unique
barriers to developing innovative therapies for rare diseases.
Approximately 25 to 30 million Americans suffer from a rare
disease, yet only 500 out of the 7,000 known rare conditions
have an FDA-approved treatment. The Committee commends FDA for
its efforts to modernize and expedite the regulatory
environment for rare disease drug development. However, the
Committee is concerned that disparate approaches to similar
rare disease treatment applications between centers pose risks
to innovation. While acknowledging the autonomy of both the
Center for Drug Evaluation and Research (CDER) and the Center
for Biologics Evaluation and Research (CBER), particularly in
their restructuring efforts tailored to the products they
review, the Committee underscores the necessity of a more
aligned approach specifically for rare diseases. The alignment
of novel approaches to rare disease drug development helps
expedite timely access to innovative safe and effective
therapies to address the urgent, unmet needs of patients living
with rare diseases. Therefore, the Committee urges CDER and
CBER to align their approach to rare disease drug approvals, to
the greatest extent possible.
Regional Medical Research Institutes.--Consistent with
Congressional intent that clinical trials include data
representing diversified populations, the Committee encourages
the Center for Biologics Evaluation and Research to utilize its
authority and engage with regional medical research institutes
located in medically underserved areas on best practices for
expanding access to and storing specimens from underrepresented
populations, particularly those with high incidences of chronic
disease, located in underserved communities. The Committee
requests FDA provide a report on its intentions and progress no
later than 120 days after enactment of this Act.
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,
and the labeling of these products are 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, such as with Surimi
(imitation crab), which is made from actual fish. The Committee
directs FDA to provide clarity around the labeling of these
plant-based foods and foods using seafood terminology to avoid
consumer confusion and align with the structure it has applied
to the draft guidance for the labeling of plant-based milk
alternatives.
Shrimp Import Testing.--The Committee remains concerned
about the threats that farm-raised shrimp imports contaminated
with illegal antibiotics continue to pose to U.S. consumers,
and about the low rate of testing the FDA performs on such
imports. The Committee urges FDA to complete additional testing
on these products.
Skin Lightening Products.--The Committee continues to be
concerned about the dangers of mercury and hydroquinone in skin
lightening products, particularly those that disproportionately
target men, women, and girls of color. The Committee continues
to be concerned about the accessibility of skin-lightening
products in stores around the United States. The Committee
urges FDA to more quickly identify unauthorized products that
already exist, and new products that enter the market, and
pursue all legally authorized remedies to remove unauthorized
products from the market. 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
2024 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.
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.
Smoking Cessation Treatment Innovation.--The Committee
recognizes the important work of advancing smoking cessation
treatment innovation to help adult smokers be more successful
in quitting and the critical role of the Center for Drug
Evaluation and Research (CDER) in this work. The Committee is
concerned that the HHS Smoking Cessation Framework released on
March 8, 2024, as an update to a 2023 draft, does not
acknowledge the importance of bringing forward new
pharmacotherapies for smokers seeking to quit and the critical
role of CDER in modernizing the regulatory framework for these
products to reflect the real-world experience risk-benefit
considerations and address unnecessary barriers to advancing
vitally needed new cessation therapies for patients. The
Committee requests an update from CDER on new actions the
Center will take to address the sustained unmet public health
needs in this space not later than 90 days after enactment of
this act.
State and Local Inspection Programs.--The Committee
supports the collaboration between FDA and state and local
inspection programs, noting that the majority of food
processing, produce safety, retail, and animal feed inspections
occur through state and local programs. FDA is directed to
maintain funding for these programs, which are critical to
protecting the human and animal food supply and more cost-
effective than FDA providing these services.
Sunscreen Regulation.--The Committee is concerned that
Americans are falling behind the rest of the world when it
comes to access to sunscreen even though skin cancer is the
most common cancer in the U.S. According to the Surgeon
General, more than five million Americans each year are treated
for skin cancer at a cost of over eight billion dollars per
year. As a result, the Committee encourages the FDA to work
with stakeholders to harmonize its approach with international
testing standards to the extent possible and to ensure
Americans have access to the broadest spectrum of sunscreens as
possible recognizing the benefit of currently marketed
sunscreens as a proven preventative tool against skin cancer
when used as directed along with other sun protection measures.
In addition, the Committee urges FDA to utilize its authorities
provided under the CARES Act to evaluate new sunscreen
ingredients already approved for use around the world and to
educate stakeholders about the administrative order process to
encourage research and development of new sunscreen technology.
State Regulatory Frameworks.--The Committee directs FDA to
improve data sharing and coordination between state and federal
authorities, such as by expanding on the Cannabinoid Hemp
Product 20.88 Information Sharing Agreement initiative.
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 through the
supply chain continue to persist. The Committee is concerned of
lead contamination specifically in certain applesauce and
ground cinnamon products imported into the United States and
urges the FDA to modernize data systems to receive, track, and
process information and ensure timely notification of
significant public health threats. This ability is critical to
more proactively identify or prevent threats of contamination
with toxic chemicals that can lead to long-term adverse health
effects.
Ultra-Processed Foods.--The Committee recognizes more
research is required to better understand the health impacts of
ultra-processed foods, and how to best define ultra-processed
foods. The Committee encourages the agency, in coordination
with the Centers for Disease Control and National Institutes of
Health, to conduct additional research on ultra-processed
foods.
Unauthorized Tobacco Products.--The Committee is deeply
concerned that many tobacco products that lack the legally
required marketing authorization from FDA remain on the market,
including flavored products that are attractive to youth. The
wide availability of these unauthorized products is hindering
efforts to reduce youth use of e-cigarettes and other tobacco
products. The Committee urges FDA to more quickly identify
unauthorized tobacco products that enter the market and pursue
all legally authorized remedies, including civil money
penalties and injunctions, to remove unauthorized products from
the market. The Committee is also concerned that FDA continues
to miss deadlines for completing its premarket review of e-
cigarettes and other deemed tobacco products and urges FDA to
promptly complete these reviews and deny authorization for any
product that does not meet the statutory standard of
``appropriate for the protection of the public health.
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)
2024 appropriation.................................... $50,000,000
2025 budget estimate.................................. 55,000,000
Provided in the bill.................................. 55,000,000
Comparison:
2024 appropriation.................................. +5,000,000
2025 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the FDA Innovation Account as authorized in the 21st
Century Cures Act, the Committee provides an appropriation of
$55,000,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(INCLUDING TRANSFERS OF FUNDS)
2024 appropriation.................................... $365,000,000
2025 budget estimate.................................. 374,000,000
Provided in the bill.................................. 345,000,000
Comparison:
2024 appropriation.................................. -20,000,000
2025 budget estimate................................ -29,000,000
COMMITTEE PROVISIONS
For the Commodity Futures Trading Commission, the Committee
provides an appropriation of $345,000,000.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
2024 limitation....................................... $(94,300,000)
2025 budget estimate.................................. (100,430,000)
Provided in the bill.................................. (100,430,000)
Comparison:
2024 limitation..................................... +6,130,000
2025 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the limitation on the expenses of the Farm Credit
Administration, the Committee provides $100,430,000.
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 natural
cheese.
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 the
definition of the term ``variety'' in SNAP.
Section 727.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 728.--The bill includes language regarding new user
fees.
Section 729.-- The bill includes language regarding Packers
and Stockyards.
Section 730.--The bill includes language relating to
overtime and holiday pay for FSIS inspectors.
Section 731.--The bill includes language regarding country
or regional audits.
Section 732.--The bill includes language regarding rural
energy loans.
Section 733.--The bill includes language regarding the
tobacco regulation.
Section 734.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 735.--The bill includes language regarding
lobbying.
Section 736.--The bill includes language related to
persistent poverty counties.
Section 737.--The bill includes language related to
investigational use of drugs or biological products.
Section 738.--The bill includes language related to the
growing, harvesting, packing, and holding of certain produce.
Section 739.--The bill includes language related to the
school breakfast program.
Section 740.--The bill includes language regarding hemp.
Section 741.--The bill includes language related to
matching fund requirements.
Section 742.--The bill includes language regarding milk.
Section 743.--The bill includes language regarding housing
efficiency standards.
Section 744.--The bill includes language regarding Critical
Race Theory.
Section 745.--The bill includes language regarding FDA
regulations.
Section 746.--The bill includes language regarding Food for
Peace.
Section 747.--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 748.--The bill includes language related to certain
school food lunch prices.
Section 749.--The bill includes language related to
biotechnology risk assessment research.
Section 750.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 751.--The bill includes language related to the
Agriculture Conservation Experiences Services Program.
Section 752.--The bill includes language related to the
ReConnect program.
Section 753.--The bill includes language regarding official
flags.
Section 754.--The bill includes language regarding a
recission of funds.
Section 755.--The bill includes language regarding
executive orders.
Section 756.--The bill includes language regarding
listeria.
Section 757.--The bill includes language regarding sodium.
Section 758.--The bill includes language regarding
discrimination.
Section 759.--The bill includes language regarding an ARS
facility.
Section 760.--The bill includes language regarding hemp
regulations.
Section 761.--The bill includes language Animal and Plant
Health Inspection Service pay.
Section 762.--The bill includes language related to the
Federal Meat Inspection Act.
Section 763.--The bill includes language regarding the
Dietary Guidelines.
Section 764.--The bill includes language regarding
genetically engineered salmon.
Section 765.--The bill includes language regarding a
recission of funds.
Section 766.--The bill includes language regarding land
purchases.
Section 767.--The bill includes language regarding the
Office of the General Counsel.
Section 768.--The bill includes language regarding food
traceability.
Section 769.--The bill includes language regarding an FDA
office plan.
Section 770.--The bill includes language regarding
Livestock Mandatory Reporting.
Section 771.--The bill includes language regarding
agricultural biotechnology.
Section 772.--The bill includes language regarding the
early introduction of allergenic foods.
Section 773.--The bill includes language regarding molasses
testing.
Section 774.--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 (unobligated balances)..................... $40,000,000
USDA NRCS (unobligated balances).................... 50,000,000
USDA AMS............................................ 195,000,000
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 omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
* * * * * * *
NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS
Sec. 9. (a)(1)(A) Lunches served by schools participating in
the school lunch program under this Act shall meet minimum
nutritional requirements prescribed by the Secretary on the
basis of tested nutritional research, except that the minimum
nutritional requirements--
(i) shall not be construed to prohibit the
substitution of foods to accommodate the medical or
other special dietary needs of individual students; and
(ii) shall, at a minimum, be based on the weekly
average of the nutrient content of school lunches.
(B) The Secretary shall provide technical assistance and
training, including technical assistance and training in the
preparation of lower-fat versions of foods commonly used in the
school lunch program under this Act, to schools participating
in the school lunch program to assist the schools in complying
with the nutritional requirements prescribed by the Secretary
pursuant to subparagraph (A) and in providing appropriate meals
to children with medically certified special dietary needs. The
Secretary shall provide additional technical assistance to
schools that are having difficulty maintaining compliance with
the requirements.
(2) Fluid milk.--
(A) In general.--Lunches served by schools
participating in the school lunch program under
this Act--
(i) shall offer students a variety of
fluid milk. Such milk shall be
consistent with the most recent Dietary
Guidelines for Americans published
under section 301 of the National
Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341);
(ii) may offer students flavored and
unflavored fluid milk and lactose-free
fluid milk; and
(iii) shall provide a substitute for
fluid milk for students whose
disability restricts their diet, on
receipt of a written statement from a
licensed physician that identifies the
disability that restricts the student's
diet and that specifies the substitute
for fluid milk.
(B) Substitutes.--
(i) Standards for substitution.--A
school may substitute for the fluid
milk provided under subparagraph (A), a
nondairy beverage that is nutritionally
equivalent to fluid milk and meets
nutritional standards established by
the Secretary (which shall, among other
requirements to be determined by the
Secretary, include fortification of
calcium, protein, vitamin A, and
vitamin D to levels found in cow's
milk) for students who cannot consume
fluid milk because of a medical or
other special dietary need other than a
disability described in subparagraph
(A)(iii).
(ii) Notice.--The substitutions may
be made if the school notifies the
State agency that the school is
implementing a variation allowed under
this subparagraph, and if the
substitution is requested by written
statement of a medical authority or by
a student's parent or legal guardian
that identifies the medical or other
special dietary need that restricts the
student's diet, except that the school
shall not be required to provide
beverages other than beverages the
school has identified as acceptable
substitutes.
(iii) Excess expenses borne by school
food authority.--Expenses incurred in
providing substitutions under this
subparagraph that are in excess of
expenses covered by reimbursements
under this Act shall be paid by the
school food authority.
(C) Restrictions on sale of milk
prohibited.--A school that participates in the
school lunch program under this Act shall not
directly or indirectly restrict the sale or
marketing of fluid milk products by the school
(or by a person approved by the school) at any
time or any place--
(i) on the school premises; or
(ii) at any school-sponsored event.
(3) Students in senior high schools that participate in the
school lunch program under this Act (and, when approved by the
local school district or nonprofit private schools, students in
any other grade level) shall not be required to accept offered
foods they do not intend to consume, and any such failure to
accept offered foods shall not affect the full charge to the
student for a lunch meeting the requirements of this subsection
or the amount of payments made under this Act to any such
school for such lunch.
(4) Provision of information.--
(A) Guidance.--Prior to the beginning of the
school year beginning July 2004, the Secretary
shall issue guidance to States and school food
authorities to increase the consumption of
foods and food ingredients that are recommended
for increased serving consumption in the most
recent Dietary Guidelines for Americans
published under section 301 of the National
Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341).
(B) Rules.--Not later than 2 years after the
date of enactment of this paragraph, the
Secretary shall promulgate rules, based on the
most recent Dietary Guidelines for Americans,
that reflect specific recommendations,
expressed in serving recommendations, for
increased consumption of foods and food
ingredients offered in school nutrition
programs under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.).
(C) Procurement and processing of food
service products and commodities.--The
Secretary shall--
(i) identify, develop, and
disseminate to State departments of
agriculture and education, school food
authorities, local educational
agencies, and local processing
entities, model product specifications
and practices for foods offered in
school nutrition programs under this
Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) to ensure that
the foods reflect the most recent
Dietary Guidelines for Americans
published under section 301 of the
National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C.
5341);
(ii) not later than 1 year after the
date of enactment of this
subparagraph--
(I) carry out a study to
analyze the quantity and
quality of nutritional
information available to school
food authorities about food
service products and
commodities; and
(II) submit to Congress a
report on the results of the
study that contains such
legislative recommendations as
the Secretary considers
necessary to ensure that school
food authorities have access to
the nutritional information
needed for menu planning and
compliance assessments; and
(iii) to the maximum extent
practicable, in purchasing and
processing commodities for use in
school nutrition programs under this
Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), purchase the
widest variety of healthful foods that
reflect the most recent Dietary
Guidelines for Americans.
(5) Water.--Schools participating in the school lunch
program under this Act shall make available to children
free of charge, as nutritionally appropriate, potable
water for consumption in the place where meals are
served during meal service.
(b)(1)(A) Not later than June 1 of each fiscal year, the
Secretary shall prescribe income guidelines for determining
eligibility for free and reduced price lunches during the 12-
month period beginning July 1 of such fiscal year and ending
June 30 of the following fiscal year. The income guidelines for
determining eligibility for free lunches shall be 130 percent
of the applicable family size income levels contained in the
nonfarm income poverty guidelines prescribed by the Office of
Management and Budget, as adjusted annually in accordance with
subparagraph (B). The income guidelines for determining
eligibility for reduced price lunches for any school year shall
be 185 percent of the applicable family size income levels
contained in the nonfarm income poverty guidelines prescribed
by the Office of Management and Budget, as adjusted annually in
accordance with subparagraph (B). The Office of Management and
Budget guidelines shall be revised at annual intervals, or at
any shorter interval deemed feasible and desirable.
(B) The revision required by subparagraph (A) of this
paragraph shall be made by multiplying--
(i) the official poverty line (as defined by the
Office of Management and Budget); by
(ii) the percentage change in the Consumer Price
Index during the annual or other interval immediately
preceding the time at which the adjustment is made.
Revisions under this subparagraph shall be made not more than
30 days after the date on which the consumer price index data
required to compute the adjustment becomes available.
(2)(A) Following the determination by the Secretary under
paragraph (1) of this subsection of the income eligibility
guidelines for each school year, each State educational agency
shall announce the income eligibility guidelines, by family
size, to be used by schools in the State in making
determinations of eligibility for free and reduced price
lunches. Local school authorities shall, each year, publicly
announce the income eligibility guidelines for free and reduced
price lunches on or before the opening of school.
(B) Applications and descriptive material.--
(i) In general.--Applications for free and
reduced price lunches, in such form as the
Secretary may prescribe or approve, and any
descriptive material, shall be distributed to
the parents or guardians of children in
attendance at the school, and shall contain
only the family size income levels for reduced
price meal eligibility with the explanation
that households with incomes less than or equal
to these values would be eligible for free or
reduced price lunches.
(ii) Income eligibility guidelines.--Forms
and descriptive material distributed in
accordance with clause (i) may not contain the
income eligibility guidelines for free lunches.
(iii) Contents of descriptive material.--
(I) In general.--Descriptive material
distributed in accordance with clause
(i) shall contain a notification that--
(aa) participants in the
programs listed in subclause
(II) may be eligible for free
or reduced price meals; and
(bb) documentation may be
requested for verification of
eligibility for free or reduced
price meals.
(II) Programs.--The programs referred
to in subclause (I)(aa) are--
(aa) the special supplemental
nutrition program for women,
infants, and children
established by section 17 of
the Child Nutrition Act of 1966
(42 U.S.C. 1786);
(bb) the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
(cc) the food distribution
program on Indian reservations
established under section 4(b)
of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b)); and
(dd) a State program funded
under the program of block
grants to States for temporary
assistance for needy families
established under part A of
title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
(3) Household applications.--
(A) Definition of household application.--In
this paragraph, the term ``household
application'' means an application for a child
of a household to receive free or reduced price
school lunches under this Act, or free or
reduced price school breakfasts under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
for which an eligibility determination is made
other than under paragraph (4) or (5).
(B) Eligibility determination.--
(i) In general.--An eligibility
determination shall be made on the
basis of a complete household
application executed by an adult member
of the household or in accordance with
guidance issued by the Secretary.
(ii) Electronic signatures and
applications.--A household application
may be executed using an electronic
signature if--
(I) the application is
submitted electronically; and
(II) the electronic
application filing system meets
confidentiality standards
established by the Secretary.
(C) Children in household.--
(i) In general.--The household
application shall identify the names of
each child in the household for whom
meal benefits are requested.
(ii) Separate applications.--A State
educational agency or local educational
agency may not request a separate
application for each child in the
household that attends schools under
the same local educational agency.
(D) Verification of sample.--
(i) Definitions.--In this
subparagraph:
(I) Error prone
application.--The term ``error
prone application'' means an
approved household application
that--
(aa) indicates
monthly income that is
within $100, or an
annual income that is
within $1,200, of the
income eligibility
limitation for free or
reduced price meals; or
(bb) in lieu of the
criteria established
under item (aa), meets
criteria established by
the Secretary.
(II) Non-response rate.--The
term ``non-response rate''
means (in accordance with
guidelines established by the
Secretary) the percentage of
approved household applications
for which verification
information has not been
obtained by a local educational
agency after attempted
verification under
subparagraphs (F) and (G).
(ii) Verification of sample.--Each
school year, a local educational agency
shall verify eligibility of the
children in a sample of household
applications approved for the school
year by the local educational agency,
as determined by the Secretary in
accordance with this subsection.
(iii) Sample size.--Except as
otherwise provided in this paragraph,
the sample for a local educational
agency for a school year shall equal
the lesser of--
(I) 3 percent of all
applications approved by the
local educational agency for
the school year, as of October
1 of the school year, selected
from error prone applications;
or
(II) 3,000 error prone
applications approved by the
local educational agency for
the school year, as of October
1 of the school year.
(iv) Alternative sample size.--
(I) In general.--If the
conditions described in
subclause (IV) are met, the
verification sample size for a
local educational agency shall
be the sample size described in
subclause (II) or (III), as
determined by the local
educational agency.
(II) 3,000/3 percent
option.--The sample size
described in this subclause
shall be the lesser of 3,000,
or 3 percent of, applications
selected at random from
applications approved by the
local educational agency for
the school year, as of October
1 of the school year.
(III) 1,000/1 percent plus
option.--
(aa) In general.--The
sample size described
in this subclause shall
be the sum of--
(AA) the
lesser of
1,000, or 1
percent of, all
applications
approved by the
local
educational
agency for the
school year, as
of October 1 of
the school
year, selected
from error
prone
applications;
and
(BB) the
lesser of 500,
or \1/2\ of 1
percent of,
applications
approved by the
local
educational
agency for the
school year, as
of October 1 of
the school
year, that
provide a case
number (in lieu
of income
information)
showing
participation
in a program
described in
item (bb)
selected from
those approved
applications
that provide a
case number (in
lieu of income
information)
verifying the
participation.
(bb) Programs.--The
programs described in
this item are--
(AA) the
supplemental
nutrition
assistance
program
established
under the Food
and Nutrition
Act of 2008 (7
U.S.C. 2011 et
seq.);
(BB) the food
distribution
program on
Indian
reservations
established
under section
4(b) of the
Food and
Nutrition Act
of 2008 (7
U.S.C.
2013(b)); and
(CC) a State
program funded
under the
program of
block grants to
States for
temporary
assistance for
needy families
established
under part A of
title IV of the
Social Security
Act (42 U.S.C.
601 et seq.)
that the
Secretary
determines
complies with
standards
established by
the Secretary
that ensure
that the
standards under
the State
program are
comparable to
or more
restrictive
than those in
effect on June
1, 1995.
(IV) Conditions.--The
conditions referred to in
subclause (I) shall be met for
a local educational agency for
a school year if--
(aa) the nonresponse
rate for the local
educational agency for
the preceding school
year is less than 20
percent; or
(bb) the local
educational agency has
more than 20,000
children approved by
application by the
local educational
agency as eligible for
free or reduced price
meals for the school
year, as of October 1
of the school year,
and--
(AA) the
nonresponse
rate for the
preceding
school year is
at least 10
percent below
the nonresponse
rate for the
second
preceding
school year; or
(BB) in the
case of the
school year
beginning July
2005, the local
educational
agency attempts
to verify all
approved
household
applications
selected for
verification
through use of
public agency
records from at
least 2 of the
programs or
sources of
information
described in
subparagraph
(F)(i).
(v) Additional selected
applications.--A sample for a local
educational agency for a school year
under clauses (iii) and (iv)(III)(AA)
shall include the number of additional
randomly selected approved household
applications that are required to
comply with the sample size
requirements in those clauses.
(E) Preliminary review.--
(i) Review for accuracy.--
(I) In general.--Prior to
conducting any other
verification activity for
approved household applications
selected for verification, the
local educational agency shall
ensure that the initial
eligibility determination for
each approved household
application is reviewed for
accuracy by an individual other
than the individual making the
initial eligibility
determination, unless otherwise
determined by the Secretary.
(II) Waiver.--The
requirements of subclause (I)
shall be waived for a local
educational agency if the local
educational agency is using a
technology-based solution that
demonstrates a high level of
accuracy, to the satisfaction
of the Secretary, in processing
an initial eligibility
determination in accordance
with the income eligibility
guidelines of the school lunch
program.
(ii) Correct eligibility
determination.--If the review indicates
that the initial eligibility
determination is correct, the local
educational agency shall verify the
approved household application.
(iii) Incorrect eligibility
determination.--If the review indicates
that the initial eligibility
determination is incorrect, the local
educational agency shall (as determined
by the Secretary)--
(I) correct the eligibility
status of the household;
(II) notify the household of
the change;
(III) in any case in which
the review indicates that the
household is not eligible for
free or reduced-price meals,
notify the household of the
reason for the ineligibility
and that the household may
reapply with income
documentation for free or
reduced-price meals; and
(IV) in any case in which the
review indicates that the
household is eligible for free
or reduced-price meals, verify
the approved household
application.
(F) Direct verification.--
(i) In general.--Subject to clauses
(ii) and (iii), to verify eligibility
for free or reduced price meals for
approved household applications
selected for verification, the local
educational agency may (in accordance
with criteria established by the
Secretary) first obtain and use income
and program participation information
from a public agency administering--
(I) the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
(II) the food distribution
program on Indian reservations
established under section 4(b)
of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b));
(III) the temporary
assistance for needy families
program funded under part A of
title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
(IV) the State medicaid
program under title XIX of the
Social Security Act (42 U.S.C.
1396 et seq.); or
(V) a similar income-tested
program or other source of
information, as determined by
the Secretary.
(ii) Free meals.--Public agency
records that may be obtained and used
under clause (i) to verify eligibility
for free meals for approved household
applications selected for verification
shall include the most recent available
information (other than information
reflecting program participation or
income before the 180-day period ending
on the date of application for free
meals) that is relied on to
administer--
(I) a program or source of
information described in clause
(i) (other than clause
(i)(IV)); or
(II) the State plan for
medical assistance under title
XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) in--
(aa) a State in which
the income eligibility
limit applied under
section 1902(l)(2)(C)
of that Act (42 U.S.C.
1396a(l)(2)(C)) is not
more than 133 percent
of the official poverty
line described in
section 1902(l)(2)(A)
of that Act (42 U.S.C.
1396a(l)(2)(A)); or
(bb) a State that
otherwise identifies
households that have
income that is not more
than 133 percent of the
official poverty line
described in section
1902(l)(2)(A) of that
Act (42 U.S.C.
1396a(l)(2)(A)).
(iii) Reduced price meals.--Public
agency records that may be obtained and
used under clause (i) to verify
eligibility for reduced price meals for
approved household applications
selected for verification shall include
the most recent available information
(other than information reflecting
program participation or income before
the 180-day period ending on the date
of application for reduced price meals)
that is relied on to administer--
(I) a program or source of
information described in clause
(i) (other than clause
(i)(IV)); or
(II) the State plan for
medical assistance under title
XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) in--
(aa) a State in which
the income eligibility
limit applied under
section 1902(l)(2)(C)
of that Act (42 U.S.C.
1396a(l)(2)(C)) is not
more than 185 percent
of the official poverty
line described in
section 1902(l)(2)(A)
of that Act (42 U.S.C.
1396a(l)(2)(A)); or
(bb) a State that
otherwise identifies
households that have
income that is not more
than 185 percent of the
official poverty line
described in section
1902(l)(2)(A) of that
Act (42 U.S.C.
1396a(l)(2)(A)).
(iv) Evaluation.--Not later than 3
years after the date of enactment of
this subparagraph, the Secretary shall
complete an evaluation of--
(I) the effectiveness of
direct verification carried out
under this subparagraph in
decreasing the portion of the
verification sample that must
be verified under subparagraph
(G) while ensuring that
adequate verification
information is obtained; and
(II) the feasibility of
direct verification by State
agencies and local educational
agencies.
(v) Expanded use of direct
verification.--If the Secretary
determines that direct verification
significantly decreases the portion of
the verification sample that must be
verified under subparagraph (G), while
ensuring that adequate verification
information is obtained, and can be
conducted by most State agencies and
local educational agencies, the
Secretary may require a State agency or
local educational agency to implement
direct verification through 1 or more
of the programs described in clause
(i), as determined by the Secretary,
unless the State agency or local
educational agency demonstrates (under
criteria established by the Secretary)
that the State agency or local
educational agency lacks the capacity
to conduct, or is unable to implement,
direct verification.
(G) Household verification.--
(i) In general.--If an approved
household application is not verified
through the use of public agency
records, a local educational agency
shall provide to the household written
notice that--
(I) the approved household
application has been selected
for verification; and
(II) the household is
required to submit verification
information to confirm
eligibility for free or reduced
price meals.
(ii) Phone number.--The written
notice in clause (i) shall include a
toll-free phone number that parents and
legal guardians in households selected
for verification can call for
assistance with the verification
process.
(iii) Followup activities.--If a
household does not respond to a
verification request, a local
educational agency shall make at least
1 attempt to obtain the necessary
verification from the household in
accordance with guidelines and
regulations promulgated by the
Secretary.
(iv) Contract authority for school
food authorities.--A local educational
agency may contract (under standards
established by the Secretary) with a
third party to assist the local
educational agency in carrying out
clause (iii).
(H) Verification deadline.--
(i) General deadline.--
(I) In general.--Subject to
subclause (II), not later than
November 15 of each school
year, a local educational
agency shall complete the
verification activities
required for the school year
(including followup
activities).
(II) Extension.--Under
criteria established by the
Secretary, a State may extend
the deadline established under
subclause (I) for a school year
for a local educational agency
to December 15 of the school
year.
(ii) Eligibility changes.--Based on
the verification activities, the local
educational agency shall make
appropriate modifications to the
eligibility determinations made for
household applications in accordance
with criteria established by the
Secretary.
(I) Local conditions.--In the case of a
natural disaster, civil disorder, strike, or
other local condition (as determined by the
Secretary), the Secretary may substitute
alternatives for--
(i) the sample size and sample
selection criteria established under
subparagraph (D); and
(ii) the verification deadline
established under subparagraph (H).
(J) Individual review.--In accordance with
criteria established by the Secretary, the
local educational agency may, on individual
review--
(i) decline to verify no more than 5
percent of approved household
applications selected under
subparagraph (D); and
(ii) replace the approved household
applications with other approved
household applications to be verified.
(K) Feasibility study.--
(i) In general.--The Secretary shall
conduct a study of the feasibility of
using computer technology (including
data mining) to reduce--
(I) overcertification errors
in the school lunch program
under this Act;
(II) waste, fraud, and abuse
in connection with this
paragraph; and
(III) errors, waste, fraud,
and abuse in other nutrition
programs, as determined to be
appropriate by the Secretary.
(ii) Report.--Not later than 180 days
after the date of enactment of this
paragraph, the Secretary shall submit
to the Committee on Education and the
Workforce of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate a report describing--
(I) the results of the
feasibility study conducted
under this subsection;
(II) how a computer system
using technology described in
clause (i) could be
implemented;
(III) a plan for
implementation; and
(IV) proposed legislation, if
necessary, to implement the
system.
(4) Direct certification for children in supplemental
nutrition assistance program households.--
(A) In general.--Subject to subparagraph (D),
each State agency shall enter into an agreement
with the State agency conducting eligibility
determinations for the supplemental nutrition
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.).
(B) Procedures.--Subject to paragraph (6),
the agreement shall establish procedures under
which a child who is a member of a household
receiving assistance under the supplemental
nutrition assistance program shall be certified
as eligible for free lunches under this Act and
free breakfasts under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), without
further application.
(C) Certification.--Subject to paragraph (6),
under the agreement, the local educational
agency conducting eligibility determinations
for a school lunch program under this Act and a
school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
shall certify a child who is a member of a
household receiving assistance under the
supplemental nutrition assistance program as
eligible for free lunches under this Act and
free breakfasts under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), without
further application.
(D) Applicability.--This paragraph applies
to--
(i) in the case of the school year
beginning July 2006, a school district
that had an enrollment of 25,000
students or more in the preceding
school year;
(ii) in the case of the school year
beginning July 2007, a school district
that had an enrollment of 10,000
students or more in the preceding
school year; and
(iii) in the case of the school year
beginning July 2008 and each subsequent
school year, each local educational
agency.
(E) Performance awards.--
(i) In general.--Effective for each
of the school years beginning July 1,
2011, July 1, 2012, and July 1, 2013,
the Secretary shall offer performance
awards to States to encourage the
States to ensure that all children
eligible for direct certification under
this paragraph are certified in
accordance with this paragraph.
(ii) Requirements.--For each school
year described in clause (i), the
Secretary shall--
(I) consider State data from
the prior school year,
including estimates contained
in the report required under
section 4301 of the Food,
Conservation, and Energy Act of
2008 (42 U.S.C. 1758a); and
(II) make performance awards
to not more than 15 States that
demonstrate, as determined by
the Secretary--
(aa) outstanding
performance; and
(bb) substantial
improvement.
(iii) Use of funds.--A State agency
that receives a performance award under
clause (i)--
(I) shall treat the funds as
program income; and
(II) may transfer the funds
to school food authorities for
use in carrying out the
program.
(iv) Funding.--
(I) In general.--On October
1, 2011, and each subsequent
October 1 through October 1,
2013, out of any funds in the
Treasury not otherwise
appropriated, the Secretary of
the Treasury shall transfer to
the Secretary--
(aa) $2,000,000 to
carry out clause
(ii)(II)(aa); and
(bb) $2,000,000 to
carry out clause
(ii)(II)(bb).
(II) Receipt and
acceptance.--The Secretary
shall be entitled to receive,
shall accept, and shall use to
carry out this clause the funds
transferred under subclause
(I), without further
appropriation.
(v) Payments not subject to judicial
review.--A determination by the
Secretary whether, and in what amount,
to make a performance award under this
subparagraph shall not be subject to
administrative or judicial review.
(F) Continuous improvement plans.--
(i) Definition of required
percentage.--In this subparagraph, the
term ``required percentage'' means--
(I) for the school year
beginning July 1, 2011, 80
percent;
(II) for the school year
beginning July 1, 2012, 90
percent; and
(III) for the school year
beginning July 1, 2013, and
each school year thereafter, 95
percent.
(ii) Requirements.--Each school year,
the Secretary shall--
(I) identify, using data from
the prior year, including
estimates contained in the
report required under section
4301 of the Food, Conservation,
and Energy Act of 2008 (42
U.S.C. 1758a), States that
directly certify less than the
required percentage of the
total number of children in the
State who are eligible for
direct certification under this
paragraph;
(II) require the States
identified under subclause (I)
to implement a continuous
improvement plan to fully meet
the requirements of this
paragraph, which shall include
a plan to improve direct
certification for the following
school year; and
(III) assist the States
identified under subclause (I)
to develop and implement a
continuous improvement plan in
accordance with subclause (II).
(iii) Failure to meet performance
standard.--
(I) In general.--A State that
is required to develop and
implement a continuous
improvement plan under clause
(ii)(II) shall be required to
submit the continuous
improvement plan to the
Secretary, for the approval of
the Secretary.
(II) Requirements.--At a
minimum, a continuous
improvement plan under
subclause (I) shall include--
(aa) specific
measures that the State
will use to identify
more children who are
eligible for direct
certification,
including improvements
or modifications to
technology, information
systems, or databases;
(bb) a timeline for
the State to implement
those measures; and
(cc) goals for the
State to improve direct
certification results.
(G) Without further application.--
(i) In general.--In this paragraph,
the term ``without further
application'' means that no action is
required by the household of the child.
(ii) Clarification.--A requirement
that a household return a letter
notifying the household of eligibility
for direct certification or eligibility
for free school meals does not meet the
requirements of clause (i).
(5) Discretionary certification.--Subject to
paragraph (6), any local educational agency may certify
any child as eligible for free lunches or breakfasts,
without further application, by directly communicating
with the appropriate State or local agency to obtain
documentation of the status of the child as--
(A) a member of a family that is receiving
assistance under the temporary assistance for
needy families program funded under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.) that the Secretary determines
complies with standards established by the
Secretary that ensure that the standards under
the State program are comparable to or more
restrictive than those in effect on June 1,
1995;
(B) a homeless child or youth (defined as 1
of the individuals described in section 725(2)
of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2));
(C) served by the runaway and homeless youth
grant program established under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.);
(D) a migratory child (as defined in section
1309 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6399)); or
(E)(i) a foster child whose care and
placement is the responsibility of an agency
that administers a State plan under part B or E
of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
(ii) a foster child who a court has placed
with a caretaker household.
(6) Use or disclosure of information.--
(A) In general.--The use or disclosure of any
information obtained from an application for
free or reduced price meals, or from a State or
local agency referred to in paragraph (3)(F),
(4), or (5), shall be limited to--
(i) a person directly connected with
the administration or enforcement of
this Act or the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.)
(including a regulation promulgated
under either Act);
(ii) a person directly connected with
the administration or enforcement of--
(I) a Federal education
program;
(II) a State health or
education program administered
by the State or local
educational agency (other than
a program carried out under
title XIX or XXI of the Social
Security Act (42 U.S.C. 1396 et
seq.; 42 U.S.C. 1397aa et
seq.)); or
(III) a Federal, State, or
local means-tested nutrition
program with eligibility
standards comparable to the
school lunch program under this
Act;
(iii)(I) the Comptroller General of
the United States for audit and
examination authorized by any other
provision of law; and
(II) notwithstanding any other
provision of law, a Federal, State, or
local law enforcement official for the
purpose of investigating an alleged
violation of any program covered by
this paragraph or paragraph (3)(F),
(4), or (5);
(iv) a person directly connected with
the administration of the State
medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.) or the State children's health
insurance program under title XXI of
that Act (42 U.S.C. 1397aa et seq.)
solely for the purposes of--
(I) identifying children
eligible for benefits under,
and enrolling children in,
those programs, except that
this subclause shall apply only
to the extent that the State
and the local educational
agency or school food authority
so elect; and
(II) verifying the
eligibility of children for
programs under this Act or the
Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
(v) a third party contractor
described in paragraph (3)(G)(iv).
(B) Limitation on information provided.--
Information provided under clause (ii) or (v)
of subparagraph (A) shall be limited to the
income eligibility status of the child for whom
application for free or reduced price meal
benefits is made or for whom eligibility
information is provided under paragraph (3)(F),
(4), or (5), unless the consent of the parent
or guardian of the child for whom application
for benefits was made is obtained.
(C) Criminal penalty.--A person described in
subparagraph (A) who publishes, divulges,
discloses, or makes known in any manner, or to
any extent not authorized by Federal law
(including a regulation), any information
obtained under this subsection shall be fined
not more than $1,000 or imprisoned not more
than 1 year, or both.
(D) Requirements for waiver of
confidentiality.--A State that elects to
exercise the option described in subparagraph
(A)(iv)(I) shall ensure that any local
educational agency or school food authority
acting in accordance with that option--
(i) has a written agreement with 1 or
more State or local agencies
administering health programs for
children under titles XIX and XXI of
the Social Security Act (42 U.S.C. 1396
et seq. and 1397aa et seq.) that
requires the health agencies to use the
information obtained under subparagraph
(A) to seek to enroll children in those
health programs; and
(ii)(I) notifies each household, the
information of which shall be disclosed
under subparagraph (A), that the
information disclosed will be used only
to enroll children in health programs
referred to in subparagraph (A)(iv);
and
(II) provides each parent or guardian
of a child in the household with an
opportunity to elect not to have the
information disclosed.
(E) Use of disclosed information.--A person
to which information is disclosed under
subparagraph (A)(iv)(I) shall use or disclose
the information only as necessary for the
purpose of enrolling children in health
programs referred to in subparagraph (A)(iv).
(7) Free and reduced price policy statement.--
(A) In general.--After the initial
submission, a local educational agency shall
not be required to submit a free and reduced
price policy statement to a State educational
agency under this Act unless there is a
substantive change in the free and reduced
price policy of the local educational agency.
(B) Routine change.--A routine change in the
policy of a local educational agency (such as
an annual adjustment of the income eligibility
guidelines for free and reduced price meals)
shall not be sufficient cause for requiring the
local educational agency to submit a policy
statement.
(8) Communications.--
(A) In general.--Any communication with a
household under this subsection or subsection
(d) shall be in an understandable and uniform
format and, to the maximum extent practicable,
in a language that parents and legal guardians
can understand.
(B) Electronic availability.--In addition to
the distribution of applications and
descriptive material in paper form as provided
for in this paragraph, the applications and
material may be made available electronically
via the Internet.
(9) Eligibility for free and reduced price lunches.--
(A) Free lunches.--Any child who is a member
of a household whose income, at the time the
application is submitted, is at an annual rate
which does not exceed the applicable family
size income level of the income eligibility
guidelines for free lunches, as determined
under paragraph (1), shall be served a free
lunch.
(B) Reduced price lunches.--
(i) In general.--Any child who is a
member of a household whose income, at
the time the application is submitted,
is at an annual rate greater than the
applicable family size income level of
the income eligibility guidelines for
free lunches, as determined under
paragraph (1), but less than or equal
to the applicable family size income
level of the income eligibility
guidelines for reduced price lunches,
as determined under paragraph (1),
shall be served a reduced price lunch.
(ii) Maximum price.--The price
charged for a reduced price lunch shall
not exceed 40 cents.
(C) Duration.--Except as otherwise specified
in paragraph (3)(E), (3)(H)(ii), and section
11(a), eligibility for free or reduced price
meals for any school year shall remain in
effect--
(i) beginning on the date of
eligibility approval for the current
school year; and
(ii) ending on a date during the
subsequent school year determined by
the Secretary.
(10) No physical segregation of or other discrimination
against any child eligible for a free lunch or a reduced price
lunch under this subsection shall be made by the school nor
shall there be any overt identification of any child by special
tokens or tickets, announced or published list of names, or by
other means.
(11) Any child who has a parent or guardian who (A) is
responsible for the principal support of such child and (B) is
unemployed shall be served a free or reduced price lunch,
respectively, during any period (i) in which such child's
parent or guardian continues to be unemployed and (ii) the
income of the child's parents or guardians during such period
of unemployment falls within the income eligibility criteria
for free lunches or reduced price lunches, respectively, based
on the current rate of income of such parents or guardians.
Local educational agencies shall publicly announce that such
children are eligible for free or reduced price lunch, and
shall make determinations with respect to the status of any
parent or guardian of any child under clauses (A) and (B) of
the preceding sentence on the basis of a statement executed in
such form as the Secretary may prescribe by such parent or
guardian. No physical segregation of, or other discrimination
against, any child eligible for a free or reduced price lunch
under this paragraph shall be made by the school nor shall
there be any overt identification of any such child by special
tokens or tickets, announced or published lists of names, or by
any other means.
(12)(A) A child shall be considered automatically eligible
for a free lunch and breakfast under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), respectively,
without further application or eligibility determination, if
the child is--
(i) a member of a household receiving assistance
under the supplemental nutrition assistance program
authorized under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.);
(ii) a member of a family (under the State program
funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.)) that the Secretary
determines complies with standards established by the
Secretary that ensure that the standards under the
State program are comparable to or more restrictive
than those in effect on June 1, 1995;
(iii) enrolled as a participant in a Head Start
program authorized under the Head Start Act (42 U.S.C.
9831 et seq.), on the basis of a determination that the
child meets the eligibility criteria prescribed under
section 645(a)(1)(B) of the Head Start Act (42 U.S.C.
9840(a)(1)(B));
(iv) a homeless child or youth (defined as 1
of the individuals described in section 725(2)
of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2)));
(v) served by the runaway and homeless youth
grant program established under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.);
(vi) a migratory child (as defined in section
1309 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6399)); or
(vii)(I) a foster child whose care and
placement is the responsibility of an agency
that administers a State plan under part B or E
of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
(II) a foster child who a court has
placed with a caretaker household.
(B) Proof of receipt of supplemental nutrition assistance
program benefits or assistance under the State program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995, or of
enrollment or participation in a Head Start program on the
basis described in subparagraph (A)(iii), shall be sufficient
to satisfy any verification requirement imposed under this
subsection.
(13) Exclusion of certain military housing
allowances.--The amount of a basic allowance provided
under section 403 of title 37, United States Code, on
behalf of a member of a uniformed service for housing
that is acquired or constructed under subchapter IV of
chapter 169 of title 10, United States Code, or any
related provision of law, shall not be considered to be
income for the purpose of determining the eligibility
of a child who is a member of the household of the
member of a uniformed service for free or reduced price
lunches under this Act.
(14) Combat pay.--
(A) Definition of combat pay.--In this
paragraph, the term ``combat pay'' means any
additional payment under chapter 5 of title 37,
United States Code, or otherwise designated by
the Secretary to be appropriate for exclusion
under this paragraph, that is received by or
from a member of the United States Armed Forces
deployed to a designated combat zone, if the
additional pay--
(i) is the result of deployment to or
service in a combat zone; and
(ii) was not received immediately
prior to serving in a combat zone.
(B) Exclusion.--Combat pay shall not be
considered to be income for the purpose of
determining the eligibility for free or reduced
price meals of a child who is a member of the
household of a member of the United States
Armed Forces.
(15) Direct certification for children receiving
medicaid benefits.--
(A) Definitions.--In this paragraph:
(i) Eligible child.--The term
``eligible child'' means a child--
(I)(aa) who is eligible for
and receiving medical
assistance under the Medicaid
program; and
(bb) who is a member of a
family with an income as
measured by the Medicaid
program before the application
of any expense, block, or other
income disregard, that does not
exceed 133 percent of the
poverty line (as defined in
section 673(2) of the Community
Services Block Grant Act (42
U.S.C. 9902(2), including any
revision required by such
section)) applicable to a
family of the size used for
purposes of determining
eligibility for the Medicaid
program; or
(II) who is a member of a
household (as that term is
defined in section 245.2 of
title 7, Code of Federal
Regulations (or successor
regulations) with a child
described in subclause (I).
(ii) Medicaid program.--The term
``Medicaid program'' means the program
of medical assistance established under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.).
(B) Demonstration project.--
(i) In general.--The Secretary,
acting through the Administrator of the
Food and Nutrition Service and in
cooperation with selected State
agencies, shall conduct a demonstration
project in selected local educational
agencies to determine whether direct
certification of eligible children is
an effective method of certifying
children for free lunches and
breakfasts under section 9(b)(1)(A) of
this Act and section 4(e)(1)(A) of the
Child Nutrition Act of 1966 (42 U.S.C.
1773(e)(1)(A)).
(ii) Scope of project.--The Secretary
shall carry out the demonstration
project under this subparagraph--
(I) for the school year
beginning July 1, 2012, in
selected local educational
agencies that collectively
serve 2.5 percent of students
certified for free and reduced
price meals nationwide, based
on the most recent available
data;
(II) for the school year
beginning July 1, 2013, in
selected local educational
agencies that collectively
serve 5 percent of students
certified for free and reduced
price meals nationwide, based
on the most recent available
data; and
(III) for the school year
beginning July 1, 2014, and
each subsequent school year, in
selected local educational
agencies that collectively
serve 10 percent of students
certified for free and reduced
price meals nationwide, based
on the most recent available
data.
(iii) Purposes of the project.--At a
minimum, the purposes of the
demonstration project shall be--
(I) to determine the
potential of direct
certification with the Medicaid
program to reach children who
are eligible for free meals but
not certified to receive the
meals;
(II) to determine the
potential of direct
certification with the Medicaid
program to directly certify
children who are enrolled for
free meals based on a household
application; and
(III) to provide an estimate
of the effect on Federal costs
and on participation in the
school lunch program under this
Act and the school breakfast
program established by section
4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) of direct
certification with the Medicaid
program.
(iv) Cost estimate.--For each of 2
school years of the demonstration
project, the Secretary shall estimate
the cost of the direct certification of
eligible children for free school meals
through data derived from--
(I) the school meal programs
authorized under this Act and
the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.);
(II) the Medicaid program;
and
(III) interviews with a
statistically representative
sample of households.
(C) Agreement.--
(i) In general.--Not later than July
1 of the first school year during which
a State agency will participate in the
demonstration project, the State agency
shall enter into an agreement with the
1 or more State agencies conducting
eligibility determinations for the
Medicaid program.
(ii) Without further application.--
Subject to paragraph (6), the agreement
described in subparagraph (D) shall
establish procedures under which an
eligible child shall be certified for
free lunches under this Act and free
breakfasts under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773),
without further application (as defined
in paragraph (4)(G)).
(D) Certification.--For the school year
beginning on July 1, 2012, and each subsequent
school year, subject to paragraph (6), the
local educational agencies participating in the
demonstration project shall certify an eligible
child as eligible for free lunches under this
Act and free breakfasts under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
without further application (as defined in
paragraph (4)(G)).
(E) Site selection.--
(i) In general.--To be eligible to
participate in the demonstration
project under this subsection, a State
agency shall submit to the Secretary an
application at such time, in such
manner, and containing such information
as the Secretary may require.
(ii) Considerations.--In selecting
States and local educational agencies
for participation in the demonstration
project, the Secretary may take into
consideration such factors as the
Secretary considers to be appropriate,
which may include--
(I) the rate of direct
certification;
(II) the share of individuals
who are eligible for benefits
under the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C.
2011 et seq.) who participate
in the program, as determined
by the Secretary;
(III) the income eligibility
limit for the Medicaid program;
(IV) the feasibility of
matching data between local
educational agencies and the
Medicaid program;
(V) the socioeconomic profile
of the State or local
educational agencies; and
(VI) the willingness of the
State and local educational
agencies to comply with the
requirements of the
demonstration project.
(F) Access to data.--For purposes of
conducting the demonstration project under this
paragraph, the Secretary shall have access to--
(i) educational and other records of
State and local educational and other
agencies and institutions receiving
funding or providing benefits for 1 or
more programs authorized under this Act
or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
(ii) income and program participation
information from public agencies
administering the Medicaid program.
(G) Report to congress.--
(i) In general.--Not later than
October 1, 2014, the Secretary shall
submit to the Committee on Education
and Labor of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate, an interim report that
describes the results of the
demonstration project required under
this paragraph.
(ii) Final report.--Not later than
October 1, 2015, the Secretary shall
submit a final report to the committees
described in clause (i).
(H) Funding.--
(i) In general.--On October 1, 2010,
out of any funds in the Treasury not
otherwise appropriated, the Secretary
of the Treasury shall transfer to the
Secretary to carry out subparagraph (G)
$5,000,000, to remain available until
expended.
(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive,
shall accept, and shall use to carry
out subparagraph (G) the funds
transferred under clause (i), without
further appropriation.
(c) School lunch programs under this Act shall be operated on
a nonprofit basis. Commodities purchased under the authority of
section 32 of the Act of August 24, 1935, may be donated by the
Secretary to schools, in accordance with the needs as
determined by local school authorities, for utilization in the
school lunch program under this Act as well as to other schools
carrying out nonprofit school lunch programs and institutions
authorized to receive such commodities. The requirements of
this section relating to the service of meals without cost or
at a reduced cost shall apply to the lunch program of any
school utilizing commodities donated under any provision of
law.
(d)(1) The Secretary shall require as a condition of
eligibility for receipt of free or reduced price lunches that
the member of the household who executes the application
furnish the last 4 digits of the social security account number
of the parent or guardian who is the primary wage earner
responsible for the care of the child for whom the application
is made, or that of another appropriate adult member of the
child's household, as determined by the Secretary.
(2) No member of a household may be provided a free or
reduced price lunch under this Act unless--
(A) appropriate documentation relating to the income
of such household (as prescribed by the Secretary) has
been provided to the appropriate local educational
agency so that the local educational agency may
calculate the total income of such household;
(B) documentation showing that the household is
participating in the supplemental nutrition assistance
program under the Food and Nutrition Act of 2008 has
been provided to the appropriate local educational
agency;
(C) documentation has been provided to the
appropriate local educational agency showing that the
family is receiving assistance under the State program
funded under part A of title IV of the Social Security
Act that the Secretary determines complies with
standards established by the Secretary that ensure that
the standards under the State program are comparable to
or more restrictive than those in effect on June 1,
1995;
(D) documentation has been provided to the
appropriate local educational agency showing that the
child meets the criteria specified in clauses (iv) or
(v) of subsection (b)(12)(A);
(E) documentation has been provided to the
appropriate local educational agency showing the status
of the child as a migratory child (as defined in
section 1309 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6399));
(F)(i) documentation has been provided to the
appropriate local educational agency showing the status
of the child as a foster child whose care and placement
is the responsibility of an agency that administers a
State plan under part B or E of title IV of the Social
Security Act (42 U.S.C. 621 et seq.); or
(ii) documentation has been provided to the
appropriate local educational agency showing
the status of the child as a foster child who a
court has placed with a caretaker household; or
(G) documentation has been provided to the
appropriate local educational agency showing the status
of the child as an eligible child (as defined in
subsection (b)(15)(A)).
(e) A school or school food authority participating in a
program under this Act may not contract with a food service
company to provide a la carte food service unless the company
agrees to offer free, reduced price, and full-price
reimbursable meals to all eligible children.
(f) Nutritional Requirements.--
(1) In general.--Schools that are participating in
the school lunch program or school breakfast program
shall serve lunches and breakfasts that--
(A) are consistent with the goals of the most
recent Dietary Guidelines for Americans
published under section 301 of the National
Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341); and
(B) consider the nutrient needs of children
who may be at risk for inadequate food intake
and food insecurity.
(2) To assist schools in meeting the requirements of this
subsection, the Secretary--
(A) shall--
(i) develop, and provide to schools,
standardized recipes, menu cycles, and food
product specification and preparation
techniques; and
(ii) provide to schools information regarding
nutrient standard menu planning, assisted
nutrient standard menu planning, and food-based
menu systems; and
(B) may provide to schools information regarding
other approaches, as determined by the Secretary.
(3) Use of any reasonable approach.--
(A) In general.--A school food service authority may
use any reasonable approach, within guidelines
established by the Secretary in a timely manner, to
meet the requirements of this subsection, including--
(i) using the school nutrition meal pattern
in effect for the 1994-1995 school year; and
(ii) using any of the approaches described in
paragraph (3).
(B) Nutrient analysis.--The Secretary may not require
a school to conduct or use a nutrient analysis to meet
the requirements of this subsection.
(4) Waiver of requirement for weighted averages for
nutrient analysis.--During the period ending on
September 30, 2010, the Secretary shall not require the
use of weighted averages for nutrient analysis of menu
items and foods offered or served as part of a meal
offered or served under the school lunch program under
this Act or the school breakfast program under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(g) Not later than 1 year after the date of enactment of this
subsection, the Secretary shall provide a notification to
Congress that justifies the need for production records
required under section 210.10(b) of title 7, Code of Federal
Regulations, and describes how the Secretary has reduced
paperwork relating to the school lunch and school breakfast
programs.
(h) Food Safety.--
(1) In general.--A school participating in the school
lunch program under this Act or the school breakfast
program under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) shall--
(A) at least twice during each school year,
obtain a food safety inspection conducted by a
State or local governmental agency responsible
for food safety inspections;
(B) post in a publicly visible location a
report on the most recent inspection conducted
under subparagraph (A); and
(C) on request, provide a copy of the report
to a member of the public.
(2) State and local government inspections.--Nothing
in paragraph (1) prevents any State or local government
from adopting or enforcing any requirement for more
frequent food safety inspections of schools.
(3) Audits and reports by states.--[For fiscal year
2024] For fiscal year 2025, 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 2024]
For fiscal year 2025, 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 2025] 2010
through 2026. The Secretary shall be entitled to receive the
funds and shall accept the funds, without further
appropriation.
* * * * * * *
----------
FEDERAL FOOD, DRUG, AND COSMETIC ACT
* * * * * * *
CHAPTER II--DEFINITIONS
Sec. 201. For the purposes of this Act--
(a)(1) The term ``State'', except as used in the last
sentence of section 702(a), means any State or Territory of the
United States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(2) The term ``Territory'' means any Territory or possession
of the United States, including the District of Columbia, and
excluding the Commonwealth of Puerto Rico and the Canal Zone.
(b) The term ``interstate commerce'' means (1) commerce
between any State or Territory and any place outside thereof,
and (2) commerce within the District of Columbia or within any
other Territory not organized with a legislative body.
(c) The term ``Department'' means the Department of Health
and Human Services.
(d) The term ``Secretary'' means the Secretary of Health and
Human Services.
(e) The term ``person'' includes individual, partnership,
corporation, and association.
(f) The term ``food'' means (1) articles used for food or
drink for man or other animals, (2) chewing gum, and (3)
articles used for components of any such article.
(g)(1) The term ``drug'' means (A) articles recognized in the
official United States Pharmacopeia, official Homeopathic
Pharmacopeia of the United States, or official National
Formulary, or any supplement to any of them; and (B) articles
intended for use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in man or other animals; and (C)
articles (other than food) intended to affect the structure or
any function of the body of man or other animals; and (D)
articles intended for use as a component of any articles
specified in clause (A), (B), or (C). A food or dietary
supplement for which a claim, subject to sections 403(r)(1)(B)
and 403(r)(3) or sections 403(r)(1)(B) and 403(r)(5)(D), is
made in accordance with the requirements of section 403(r) is
not a drug solely because the label or the labeling contains
such a claim. A food, dietary ingredient, or dietary supplement
for which a truthful and not misleading statement is made in
accordance with section 403(r)(6) is not a drug under clause
(C) solely because the label or the labeling contains such a
statement.
(2) The term ``counterfeit drug'' means a drug which, or the
container or labeling of which, without authorization, bears
the trademark, trade name, or other identifying mark, imprint,
or device, or any likeness thereof, of a drug manufacturer,
processor, packer, or distributor other than the person or
persons who in fact manufactured, processed, packed, or
distributed such drug and which thereby falsely purports or is
represented to be the product of, or to have been packed or
distributed by, such other drug manufacturer, processor,
packer, or distributor.
(h)(1) The term ``device'' (except when used in paragraph (n)
of this section and in sections 301(i), 403(f), 502(c), and
602(c)) means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent, or other similar or
related article, including any component, part, or accessory,
which is--
(A) recognized in the official National Formulary, or the
United States Pharmacopeia, or any supplement to them,
(B) intended for use in the diagnosis of disease or other
conditions, or in the cure, mitigation, treatment, or
prevention of disease, in man or other animals, or
(C) intended to affect the structure or any function of the
body of man or other animals, and
which does not achieve its primary intended purposes through
chemical action within or on the body of man or other animals
and which is not dependent upon being metabolized for the
achievement of its primary intended purposes. The term
``device'' does not include software functions excluded
pursuant to section 520(o).
(2) The term ``counterfeit device'' means a device which, or
the container, packaging, or labeling of which, without
authorization, bears a trademark, trade name, or other
identifying mark or imprint, or any likeness thereof, or is
manufactured using a design, of a device manufacturer,
processor, packer, or distributor other than the person or
persons who in fact manufactured, processed, packed, or
distributed such device and which thereby falsely purports or
is represented to be the product of, or to have been packed or
distributed by, such other device manufacturer, processor,
packer, or distributor.
(i) The term ``cosmetic'' means (1) articles intended to be
rubbed, poured, sprinkled, or sprayed on, introduced into, or
otherwise applied to the human body or any part thereof for
cleansing, beautifying, promoting attractiveness, or altering
the appearance, and (2) articles intended for use as a
component of any such articles; except that such term shall not
include soap.
(j) The term ``official compendium'' means the official
United States Pharmacopeia, official Homeopathic Pharmacopeia
of the United States, official National Formulary, or any
supplement to any of them.
(k) The term ``label'' means a display of written, printed,
or graphic matter upon the immediate container of any article;
and a requirement made by or under authority of this Act that
any word, statement, or other information appear on the label
shall not be considered to be complied with unless such word,
statement, or other information also appears on the outside
container or wrapper, if any there be, of the retail package of
such article, or is easily legible through the outside
container or wrapper.
(l) The term ``immediate container'' does not include package
liners.
(m) The term ``labeling'' means all labels and other written,
printed, or graphic matter (1) upon any article or any of its
containers or wrappers, or (2) accompanying such article.
(n) If an article is alleged to be misbranded because the
labeling or advertising is misleading, then in determining
whether the labeling or advertising is misleading there shall
be taken into account (among other things) not only
representations made or suggested by statement, word, design,
device, or any combination thereof, but also the extent to
which the labeling or advertising fails to reveal facts
material in the light of such representations or material with
respect to consequences which may result from the use of the
article to which the labeling or advertising relates under the
conditions of use prescribed in the labeling or advertising
thereof or under such conditions of use as are customary or
usual.
(o) The representation of a drug, in its labeling, as an
antiseptic shall be considered to be a representation that it
is a germicide, except in the case of a drug purporting to be,
or represented as, an antiseptic for inhibitory use as a wet
dressing, ointment, dusting powder, or such other use as
involves prolonged contact with the body.
(p) The term ``new drug'' means--
(1) Any drug (except a new animal drug or an animal
feed bearing or containing a new animal drug) the
composition of which is such that such drug is not
generally recognized, among experts qualified by
scientific training and experience to evaluate the
safety and effectiveness of drugs, as safe and
effective for use under the conditions prescribed,
recommended, or suggested in the labeling thereof,
except that such a drug not so recognized shall not be
deemed to be a ``new drug'' if at any time prior to the
enactment of this Act it was subject to the Food and
Drugs Act of June 30, 1906, as amended, and if at such
time its labeling contained the same representations
concerning the conditions of its use; or
(2) Any drug (except a new animal drug or an animal
feed bearing or containing a new animal drug) the
composition of which is such that such drug, as a
result of investigations to determine its safety and
effectiveness for use under such conditions, has become
so recognized, but which has not, otherwise than in
such investigations, been used to a material extent or
for a material time under such conditions.
(q)(1)(A) Except as provided in clause (B), the term
``pesticide chemical'' means any substance that is a pesticide
within the meaning of the Federal Insecticide, Fungicide, and
Rodenticide Act, including all active and inert ingredients of
such pesticide. Notwithstanding any other provision of law, the
term ``pesticide'' within such meaning includes ethylene oxide
and propylene oxide when such substances are applied on food.
(B) In the case of the use, with respect to food, of a
substance described in clause (A) to prevent, destroy, repel,
or mitigate microorganisms (including bacteria, viruses, fungi,
protozoa, algae, and slime), the following applies for purposes
of clause (A):
(i) The definition in such clause for the term
``pesticide chemical'' does not include the substance
if the substance is applied for such use on food, or
the substance is included for such use in water that
comes into contact with the food, in the preparing,
packing, or holding of the food for commercial
purposes. The substance is not excluded under this
subclause from such definition if the substance is
ethylene oxide or propylene oxide, and is applied for
such use on food. The substance is not so excluded if
the substance is applied for such use on a raw
agricultural commodity, or the substance is included
for such use in water that comes into contact with the
commodity, as follows:
(I) The substance is applied in the field.
(II) The substance is applied at a treatment
facility where raw agricultural commodities are
the only food treated, and the treatment is in
a manner that does not change the status of the
food as a raw agricultural commodity (including
treatment through washing, waxing, fumigating,
and packing such commodities in such manner).
(III) The substance is applied during the
transportation of such commodity between the
field and such a treatment facility.
(ii) The definition in such clause for the term
``pesticide chemical'' does not include the substance
if the substance is a food contact substance as defined
in section 409(h)(6), and any of the following
circumstances exist: The substance is included for such
use in an object that has a food contact surface but is
not intended to have an ongoing effect on any portion
of the object; the substance is included for such use
in an object that has a food contact surface and is
intended to have an ongoing effect on a portion of the
object but not on the food contact surface; or the
substance is included for such use in or is applied for
such use on food packaging (without regard to whether
the substance is intended to have an ongoing effect on
any portion of the packaging). The food contact
substance is not excluded under this subclause from
such definition if any of the following circumstances
exist: The substance is applied for such use on a
semipermanent or permanent food contact surface (other
than being applied on food packaging); or the substance
is included for such use in an object that has a
semipermanent or permanent food contact surface (other
than being included in food packaging) and the
substance is intended to have an ongoing effect on the
food contact surface.
With respect to the definition of the term ``pesticide'' that
is applicable to the Federal Insecticide, Fungicide, and
Rodenticide Act, this clause does not exclude any substance
from such definition.
(2) The term ``pesticide chemical residue'' means a residue
in or on raw agricultural commodity or processed food of--
(A) a pesticide chemical; or
(B) any other added substance that is present on or
in the commodity or food primarily as a result of the
metabolism or other degradation of a pesticide
chemical.
(3) Notwithstanding subparagraphs (1) and (2), the
Administrator may by regulation except a substance from the
definition of ``pesticide chemical'' or ``pesticide chemical
residue'' if--
(A) its occurrence as a residue on or in a raw
agricultural commodity or processed food is
attributable primarily to natural causes or to human
activities not involving the use of any substances for
a pesticidal purpose in the production, storage,
processing, or transportation of any raw agricultural
commodity or processed food; and
(B) the Administrator, after consultation with the
Secretary, determines that the substance more
appropriately should be regulated under one or more
provisions of this Act other than sections 402(a)(2)(B)
and 408.
(r) The term ``raw agricultural commodity'' means any food in
its raw or natural state, including all fruits that are washed,
colored, or otherwise treated in their unpeeled natural form
prior to marketing.
(s) The term ``food additive'' means any substance the
intended use of which results or may reasonably be expected to
result, directly or indirectly, in its becoming a component or
otherwise affecting the characteristics of any food (including
any substance intended for use in producing, manufacturing,
packing, processing, preparing, treating, packaging,
transporting, or holding food; and including any source of
radiation intended for any such use), if such substance is not
generally recognized, among experts qualified by scientific
training and experience to evaluate its safety, as having been
adequately shown through scientific procedures (or, in the case
of a substance used in food prior to January 1, 1958, through
either scientific procedures or experience based on common use
in food) to be safe under the conditions of its intended use;
except that such term does not include--
(1) a pesticide chemical residue in or on a raw
agricultural commodity or processed food; or
(2) a pesticide chemical; or
(3) a color additive; or
(4) any substance used in accordance with a sanction
or approval granted prior to the enactment of this
paragraph pursuant to this Act, the Poultry Products
Inspection Act (21 U.S.C. 451 and the following) or the
Meat Inspection Act of March 4, 1907 (34 Stat. 1260),
as amended and extended (21 U.S.C. 71 and the
following);
(5) a new animal drug; or
(6) an ingredient described in paragraph (ff) in, or
intended for use in, a dietary supplement.
(t)(1) The term ``color additive'' means a material which--
(A) is a dye, pigment, or other substance made by a
process of synthesis or similar artifice, or extracted,
isolated, or otherwise derived, with or without
intermediate or final change of identity, from a
vegetable, animal, mineral, or other source, and
(B) when added or applied to a food, drug, or
cosmetic, or to the human body or any part thereof, is
capable (alone or through reaction with other
substance) of imparting color thereto;
except that such term does not include any material which the
Secretary, by regulation, determines is used (or intended to be
used) solely for a purpose or purposes other than coloring.
(2) The term ``color'' includes black, white, and
intermediate grays.
(3) Nothing in subparagraph (1) of this paragraph shall be
construed to apply to any pesticide chemical, soil or plant
nutrient, or other agricultural chemical solely because of its
effect in aiding, retarding, or otherwise affecting, directly
or indirectly, the growth or other natural physiological
processes of produce of the soil and thereby affecting its
color, whether before or after harvest.
(u) The term ``safe,'' as used in paragraph (s) of this
section and in sections 409, 512, 571, and 721, has reference
to the health of man or animal.
(v) The term ``new animal drug'' means any drug intended for
use for animals other than man, including any drug intended for
use in animal feed but not including such animal feed--
(1) the composition of which is such that such drug
is not generally recognized, among experts qualified by
scientific training and experience to evaluate the
safety and effectiveness of animal drugs, as safe and
effective for use under the conditions prescribed,
recommended, or suggested in the labeling thereof;
except that such a drug not so recognized shall not be
deemed to be a ``new animal drug'' if at any time prior
to June 25, 1938, it was subject to the Food and Drug
Act of June 30, 1906, as amended, and if at such time
its labeling contained the same representations
concerning the conditions of its use; or
(2) the composition of which is such that such drug,
as a result of investigations to determine its safety
and effectiveness for use under such conditions, has
become so recognized but which has not, otherwise than
in such investigations, been used to a material extent
or for a material time under such conditions.
Provided that any drug intended for minor use or use in a minor
species that is not the subject of a final regulation published
by the Secretary through notice and comment rulemaking finding
that the criteria of paragraphs (1) and (2) have not been met
(or that the exception to the criterion in paragraph (1) has
been met) is a new animal drug.
(w) The term ``animal feed'', as used in paragraph (w) of
this section, in section 512, and in provisions of this Act
referring to such paragraph or section, means an article which
is intended for use for food for animals other than man and
which is intended for use as a substantial source of nutrients
in the diet of the animal, and is not limited to a mixture
intended to be the sole ration of the animal.
(x) The term ``informal hearing'' means a hearing which is
not subject to section 554, 556, or 557 of title 5 of the
United States Code and which provides for the following:
(1) The presiding officer in the hearing shall be
designated by the Secretary from officers and employees
of the Department who have not participated in any
action of the Secretary which is the subject of the
hearing and who are not directly responsible to an
officer or employee of the Department who has
participated in any such action.
(2) Each party to the hearing shall have the right at
all times to be advised and accompanied by an attorney.
(3) Before the hearing, each party to the hearing
shall be given reasonable notice of the matters to be
considered at the hearing, including a comprehensive
statement of the basis for the action taken or proposed
by the Secretary which is the subject of the hearing
and a general summary of the information which will be
presented by the Secretary at the hearing in support of
such action.
(4) At the hearing the parties to the hearing shall
have the right to hear a full and complete statement of
the action of the Secretary which is the subject of the
hearing together with the information and reasons
supporting such action, to conduct reasonable
questioning, and to present any oral or written
information relevant to such action.
(5) The presiding officer in such hearing shall
prepare a written report of the hearing to which shall
be attached all written material presented at the
hearing. The participants in the hearing shall be given
the opportunity to review and correct or supplement the
presiding officer's report of the hearing.
(6) The Secretary may require the hearing to be
transcribed. A party to the hearing shall have the
right to have the hearing transcribed at his expense.
Any transcription of a hearing shall be included in the
presiding officer's report of the hearing.
(y) The term ``saccharin'' includes calcium saccharin, sodium
saccharin, and ammonium saccharin.
(z) The term ``infant formula'' means a food which purports
to be or is represented for special dietary use solely as a
food for infants by reason of its simulation of human milk or
its suitability as a complete or partial substitute for human
milk.
(aa) The term ``abbreviated drug application'' means an
application submitted under section 505(j) for the approval of
a drug that relies on the approved application of another drug
with the same active ingredient to establish safety and
efficacy, and--
(1) in the case of section 306, includes a supplement
to such an application for a different or additional
use of the drug but does not include a supplement to
such an application for other than a different or
additional use of the drug, and
(2) in the case of sections 307 and 308, includes any
supplement to such an application.
(bb) The term ``knowingly'' or ``knew'' means that a person,
with respect to information--
(1) has actual knowledge of the information, or
(2) acts in deliberate ignorance or reckless
disregard of the truth or falsity of the information.
(cc) For purposes of section 306, the term ``high managerial
agent''--
(1) means--
(A) an officer or director of a corporation
or an association,
(B) a partner of a partnership, or
(C) any employee or other agent of a
corporation, association, or partnership,
having duties such that the conduct of such officer,
director, partner, employee, or agent may fairly be
assumed to represent the policy of the corporation,
association, or partnership, and
(2) includes persons having management responsibility
for--
(A) submissions to the Food and Drug
Administration regarding the development or
approval of any drug product,
(B) production, quality assurance, or quality
control of any drug product, or
(C) research and development of any drug
product.
(dd) For purposes of sections 306 and 307, the term ``drug
product'' means a drug subject to regulation under section 505,
512, or 802 of this Act or under section 351 of the Public
Health Service Act.
(ee) The term ``Commissioner'' means the Commissioner of Food
and Drugs.
(ff) The term ``dietary supplement''--
(1) means a product (other than tobacco) intended to
supplement the diet that bears or contains one or more
of the following dietary ingredients:
(A) a vitamin;
(B) a mineral;
(C) an herb or other botanical;
(D) an amino acid;
(E) a dietary substance for use by man to
supplement the diet by increasing the total
dietary intake; or
(F) a concentrate, metabolite, constituent,
extract, or combination of any ingredient
described in clause (A), (B), (C), (D), or (E);
(2) means a product that--
(A)(i) is intended for ingestion in a form
described in section 411(c)(1)(B)(i); or
(ii) complies with section 411(c)(1)(B)(ii);
(B) is not represented for use as a
conventional food or as a sole item of a meal
or the diet; and
(C) is labeled as a dietary supplement; and
(3) does--
(A) include an article that is approved as a
new drug under section 505 or licensed as a
biologic under section 351 of the Public Health
Service Act (42 U.S.C. 262) and was, prior to
such approval, certification, or license,
marketed as a dietary supplement or as a food
unless the Secretary has issued a regulation,
after notice and comment, finding that the
article, when used as or in a dietary
supplement under the conditions of use and
dosages set forth in the labeling for such
dietary supplement, is unlawful under section
402(f); and
(B) not include--
(i) an article that is approved as a
new drug under section 505, certified
as an antibiotic under section 507, or
licensed as a biologic under section
351 of the Public Health Service Act
(42 U.S.C. 262), or
(ii) an article authorized for
investigation as a new drug,
antibiotic, or biological for which
substantial clinical investigations
have been instituted and for which the
existence of such investigations has
been made public,
which was not before such approval, certification,
licensing, or authorization marketed as a dietary
supplement or as a food unless the Secretary, in the
Secretary's discretion, has issued a regulation, after
notice and comment, finding that the article would be
lawful under this Act.
Except for purposes of sections 201(g) and 417, a dietary
supplement shall be deemed to be a food within the meaning of
this Act.
(gg) The term ``processed food'' means any food other than a
raw agricultural commodity and includes any raw agricultural
commodity that has been subject to processing, such as canning,
cooking, freezing, dehydration, or milling.
(hh) The term ``Administrator'' means the Administrator of
the United States Environmental Protection Agency.
(ii) The term ``compounded positron emission tomography
drug''--
(1) means a drug that--
(A) exhibits spontaneous disintegration of
unstable nuclei by the emission of positrons
and is used for the purpose of providing dual
photon positron emission tomographic diagnostic
images; and
(B) has been compounded by or on the order of
a practitioner who is licensed by a State to
compound or order compounding for a drug
described in subparagraph (A), and is
compounded in accordance with that State's law,
for a patient or for research, teaching, or
quality control; and
(2) includes any nonradioactive reagent, reagent kit,
ingredient, nuclide generator, accelerator, target
material, electronic synthesizer, or other apparatus or
computer program to be used in the preparation of such
a drug.
(jj) The term ``antibiotic drug'' means any drug (except
drugs for use in animals other than humans) composed wholly or
partly of any kind of penicillin, streptomycin,
chlortetracycline, chloramphenicol, bacitracin, or any other
drug intended for human use containing any quantity of any
chemical substance which is produced by a micro-organism and
which has the capacity to inhibit or destroy micro-organisms in
dilute solution (including a chemically synthesized equivalent
of any such substance) or any derivative thereof.
(kk) Priority supplement.--The term ``priority
supplement'' means a drug application referred to in
section 101(4) of the Food and Drug Administration
Modernization Act of 1997 (111 Stat. 2298).
(ll)(1) The term ``single-use device'' means a device that is
intended for one use, or on a single patient during a single
procedure.
(2)(A) The term ``reprocessed'', with respect to a single-use
device, means an original device that has previously been used
on a patient and has been subjected to additional processing
and manufacturing for the purpose of an additional single use
on a patient. The subsequent processing and manufacture of a
reprocessed single-use device shall result in a device that is
reprocessed within the meaning of this definition.
(B) A single-use device that meets the definition under
clause (A) shall be considered a reprocessed device without
regard to any description of the device used by the
manufacturer of the device or other persons, including a
description that uses the term ``recycled'' rather than the
term ``reprocessed''.
(3) The term ``original device'' means a new, unused single-
use device.
(mm)(1) The term ``critical reprocessed single-use device''
means a reprocessed single-use device that is intended to
contact normally sterile tissue or body spaces during use.
(2) The term ``semi-critical reprocessed single-use device''
means a reprocessed single-use device that is intended to
contact intact mucous membranes and not penetrate normally
sterile areas of the body.
(nn) The term ``major species'' means cattle, horses, swine,
chickens, turkeys, dogs, and cats, except that the Secretary
may add species to this definition by regulation.
(oo) The term ``minor species'' means animals other than
humans that are not major species.
(pp) The term ``minor use'' means the intended use of a drug
in a major species for an indication that occurs infrequently
and in only a small number of animals or in limited
geographical areas and in only a small number of animals
annually.
(qq) The term ``major food allergen'' means any of the
following:
(1) Milk, egg, fish (e.g., bass, flounder, or cod),
Crustacean shellfish (e.g., crab, lobster, or shrimp),
tree nuts (e.g., almonds, pecans, or walnuts), wheat,
peanuts, soybeans, and sesame.
(2) A food ingredient that contains protein derived
from a food specified in paragraph (1), except the
following:
(A) Any highly refined oil derived from a
food specified in paragraph (1) and any
ingredient derived from such highly refined
oil.
(B) A food ingredient that is exempt under
paragraph (6) or (7) of section 403(w).
(rr)(1) The term ``tobacco product'' means any product made
or derived from tobacco, or containing nicotine from any
source, that is intended for human consumption, including any
component, part, or accessory of a tobacco product (except for
raw materials other than tobacco used in manufacturing a
component, part, or accessory of a tobacco product).
(2) The term ``tobacco product'' does not mean an article
that is a drug under subsection (g)(1), a device under
subsection (h), or a combination product described in section
503(g).
(3) The products described in paragraph (2) shall be subject
to chapter V of this Act.
(4) A tobacco product shall not be marketed in combination
with any other article or product regulated under this Act
(including a drug, biologic, food, cosmetic, medical device, or
a dietary supplement).
(5) The term ``tobacco product'' does not mean an article
that is a food under paragraph (f), if such article contains no
nicotine, or no more than trace amounts of naturally occurring
nicotine.
(ss) The term ``critical food'' means a food that is--
(1) an infant formula; or
(2) a medical food, as defined in section 5(b)(3) of
the Orphan Drug Act.
(ss)(1) the term ``natural cheese'' means cheese that is
ripened or unripened soft, semi-soft, of hard product, which
may be coated, that is produced--
(A) by--
(i) coagulating wholly or partly the protein of milk,
skimmed milk, partly skimmed milk, cream, whey cream,
or buttermilk, or any combination of such ingredients,
through the action of rennet or other suitable
coagulating agents, and by partially draining the whey
resulting from the coagulation, while respecting the
principle that cheese-making results in a concentration
of milk protein (in particular, the casein portion),
and that consequently, the protein content of the
cheese will be distinctly higher than the protein level
of the blend of the above milk materials from which the
cheese was made; or
(ii) processing techniques involving coagulation of
the protein of milk or products obtained from milk to
produce an end-product with similar physical, chemical,
and organoleptic characteristics as the product
described in subclause (i); and
(B) in accordance with standards of identity under part 133
of title 21, Code of Federal Regulations (or any successor
regulations), other than the standards described in
subparagraph (2) or any future standards adopted by the
Secretary in accordance with subparagraph (2)(I).
* * * * * * *
CHAPTER IV--FOOD
* * * * * * *
misbranded food
Sec. 403. A food shall be deemed to be misbranded--
(a) If (1) its labeling is false or misleading in any
particular, or (2) in the case of a food to which section 411
applies, its advertising is false or misleading in a material
respect or its labeling is in violation of section 411(b)(2).
(b) If it is offered for sale under the name of another food.
(c) If it is an imitation of another food, unless its label
bears, in type of uniform size and prominence, the word
``imitation'' and, immediately thereafter, the name of the food
imitated.
(d) If its container is so made, formed, or filled as to be
misleading.
(e) If in package form unless it bears a label containing (1)
the name and place of business of the manufacturer, packer, or
distributor; and (2) an accurate statement of the quantity of
the contents in terms of weight, measure, or numerical count,
except that under clause (2) of this paragraph reasonable
variations shall be permitted, and exemptions as to small
packages shall be established, by regulations prescribed by the
Secretary.
(f) If any word, statement, or other information required by
or under authority of this Act to appear on the label or
labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements,
designs, or devices, in the labeling) and in such terms as to
render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
(g) If it purports to be or is represented as a food for
which a definition and standard of identity has been prescribed
by regulations as provided by section 401, unless (1) it
conforms to such definition and standard, and (2) its label
bears the name of the food specified in the definition and
standard, and, insofar as may be required by such regulations,
the common names of optional ingredients (other than spices,
flavoring, and coloring) present in such food.
(h) If it purports to be or is represented as--
(1) a food for which a standard of quality has been
prescribed by regulations as provided by section 401,
and its quality falls below such standard, unless its
label bears, in such manner and form as such
regulations specify, a statement that it falls below
such standard;
(2) a food for which a standard or standards of fill
of container have been prescribed by regulations as
provided by section 401, and it falls below the
standard of fill of container applicable thereto,
unless its label bears, in such manner and form as such
regulations specify, a statement that it falls below
such standard; or
(3) a food that is pasteurized unless--
(A) such food has been subjected to a safe
process or treatment that is prescribed as
pasteurization for such food in a regulation
promulgated under this Act; or
(B)(i) such food has been subjected to a safe
process or treatment that--
(I) is reasonably certain to achieve
destruction or elimination in the food
of the most resistant microorganisms of
public health significance that are
likely to occur in the food;
(II) is at least as protective of the
public health as a process or treatment
described in subparagraph (A);
(III) is effective for a period that
is at least as long as the shelf life
of the food when stored under normal
and moderate abuse conditions; and
(IV) is the subject of a notification
to the Secretary, including
effectiveness data regarding the
process or treatment; and
(ii) at least 120 days have passed after the
date of receipt of such notification by the
Secretary without the Secretary making a
determination that the process or treatment
involved has not been shown to meet the
requirements of subclauses (I) through (III) of
clause (i).
For purposes of paragraph (3), a determination by the Secretary
that a process or treatment has not been shown to meet the
requirements of subclauses (I) through (III) of subparagraph
(B)(i) shall constitute final agency action under such
subclauses.
(i) Unless its label bears (1) the common or usual name of
the food, if any there be, and (2) in case it is fabricated
from two or more ingredients, the common or usual name of each
such ingredient and if the food purports to be a beverage
containing vegetable or fruit juice, a statement with
appropriate prominence on the information panel of the total
percentage of such fruit or vegetable juice contained in the
food; except that spices, flavorings, and colors not required
to be certified under section 721(c) unless sold as spices,
flavorings, or such colors, may be designated as spices,
flavorings, and colorings without naming each. To the extent
that compliance with the requirements of clause (2) of this
paragraph is impracticable, or results in deception or unfair
competition, exemptions shall be established by regulations
promulgated by the Secretary.
(j) If it purports to be or is represented for special
dietary uses, unless its label bears such information
concerning its vitamin, mineral, and other dietary properties
as the Secretary determines to be, and by regulations
prescribes as, necessary in order fully to inform purchasers as
to its value for such uses.
(k) If it bears or contains any artificial flavoring,
artificial coloring, or chemical preservative, unless it bears
labeling stating that fact, except that to the extent that
compliance with the requirements of this paragraph is
impracticable, exemptions shall be established by regulations
promulgated by the Secretary. The provisions of this paragraph
and paragraphs (g) and (i) with respect to artificial coloring
shall not apply in the case of butter, cheese, or ice cream.
The provisions of this paragraph with respect to chemical
preservatives shall not apply to a pesticide chemical when used
in or on a raw agricultural commodity which is the produce of
the soil.
(l) If it is a raw agricultural commodity which is the
produce of the soil, bearing or containing a pesticide chemical
applied after harvest, unless the shipping container of such
commodity bears labeling which declares the presence of such
chemical in or on such commodity and the common or usual name
and the function of such chemical, except that no such
declaration shall be required while such commodity, having been
removed from the shipping container, is being held or displayed
for sale at retail out of such container in accordance with the
custom of the trade.
(m) If it is a color additive, unless its packaging and
labeling are in conformity with such packaging and labeling
requirements, applicable to such color additive, as may be
contained in regulations issued under section 721.
(n) If its packaging or labeling is in violation of an
applicable regulation issued pursuant to section 3 or 4 of the
Poison Prevention Packaging Act of 1970.
(q)(1) Except as provided in subparagraphs (3), (4), and (5),
if it is a food intended for human consumption and is offered
for sale, unless its label or labeling bears nutrition
information that provides--
(A)(i) the serving size which is an amount
customarily consumed and which is expressed in a common
household measure that is appropriate to the food, or
(ii) if the use of the food is not typically
expressed in a serving size, the common household unit
of measure that expresses the serving size of the food,
(B) the number of servings or other units of measure
per container,
(C) the total number of calories--
(i) derived from any source, and
(ii) derived from the total fat,
in each serving size or other unit of measure of the
food,
(D) the amount of the following nutrients: Total fat,
saturated fat, cholesterol, sodium, total
carbohydrates, complex carbohydrates, sugars, dietary
fiber, and total protein contained in each serving size
or other unit of measure,
(E) any vitamin, mineral, or other nutrient required
to be placed on the label and labeling of food under
this Act before October 1, 1990, if the Secretary
determines that such information will assist consumers
in maintaining healthy dietary practices.
The Secretary may by regulation require any information
required to be placed on the label or labeling by this
subparagraph or subparagraph (2)(A) to be highlighted on the
label or labeling by larger type, bold type, or contrasting
color if the Secretary determines that such highlighting will
assist consumers in maintaining healthy dietary practices.
(2)(A) If the Secretary determines that a nutrient other than
a nutrient required by subparagraph (1)(C), (1)(D), or (1)(E)
should be included in the label or labeling of food subject to
subparagraph (1) for purposes of providing information
regarding the nutritional value of such food that will assist
consumers in maintaining healthy dietary practices, the
Secretary may by regulation require that information relating
to such additional nutrient be included in the label or
labeling of such food.
(B) If the Secretary determines that the information relating
to a nutrient required by subparagraph (1)(C), (1)(D), or
(1)(E) or clause (A) of this subparagraph to be included in the
label or labeling of food is not necessary to assist consumers
in maintaining healthy dietary practices, the Secretary may by
regulation remove information relating to such nutrient from
such requirement.
(3) For food that is received in bulk containers at a retail
establishment, the Secretary may, by regulation, provide that
the nutrition information required by subparagraphs (1) and (2)
be displayed at the location in the retail establishment at
which the food is offered for sale.
(4)(A) The Secretary shall provide for furnishing the
nutrition information required by subparagraphs (1) and (2)
with respect to raw agricultural commodities and raw fish by
issuing voluntary nutrition guidelines, as provided by clause
(B) or by issuing regulations that are mandatory as provided by
clause (D).
(B)(i) Upon the expiration of 12 months after the date of the
enactment of the Nutrition Labeling and Education Act of 1990,
the Secretary, after providing an opportunity for comment,
shall issue guidelines for food retailers offering raw
agricultural commodities or raw fish to provide nutrition
information specified in subparagraphs (1) and (2). Such
guidelines shall take into account the actions taken by food
retailers during such 12-month period to provide to consumers
nutrition information on raw agricultural commodities and raw
fish. Such guidelines shall only apply--
(I) in the case of raw agricultural commodities, to
the 20 varieties of vegetables most frequently consumed
during a year and the 20 varieties of fruit most
frequently consumed during a year, and
(II) to the 20 varieties of raw fish most frequently
consumed during a year.
The vegetables, fruits, and raw fish to which such guidelines
apply shall be determined by the Secretary by regulation and
the Secretary may apply such guidelines regionally.
(ii) Upon the expiration of 12 months after the date of the
enactment of the Nutrition Labeling and Education Act of 1990,
the Secretary shall issue a final regulation defining the
circumstances that constitute substantial compliance by food
retailers with the guidelines issued under subclause (i). The
regulation shall provide that there is not substantial
compliance if a significant number of retailers have failed to
comply with the guidelines. The size of the retailers and the
portion of the market served by retailers in compliance with
the guidelines shall be considered in determining whether the
substantial-compliance standard has been met.
(C)(i) Upon the expiration of 30 months after the date of the
enactment of the Nutrition Labeling and Education Act of 1990,
the Secretary shall issue a report on actions taken by food
retailers to provide consumers with nutrition information for
raw agricultural commodities and raw fish under the guidelines
issued under clause (A). Such report shall include a
determination of whether there is substantial compliance with
the guidelines.
(ii) If the Secretary finds that there is substantial
compliance with the guidelines, the Secretary shall issue a
report and make a determination of the type required in
subclause (i) every two years.
(D)(i) If the Secretary determines that there is not
substantial compliance with the guidelines issued under clause
(A), the Secretary shall at the time such determination is made
issue proposed regulations requiring that any person who offers
raw agricultural commodities or raw fish to consumers provide,
in a manner prescribed by regulations, the nutrition
information required by subparagraphs (1) and (2). The
Secretary shall issue final regulations imposing such
requirements 6 months after issuing the proposed regulations.
The final regulations shall become effective 6 months after the
date of their promulgation.
(ii) Regulations issued under subclause (i) may require that
the nutrition information required by subparagraphs (1) and (2)
be provided for more than 20 varieties of vegetables, 20
varieties of fruit, and 20 varieties of fish most frequently
consumed during a year if the Secretary finds that a larger
number of such products are frequently consumed. Such
regulations shall permit such information to be provided in a
single location in each area in which raw agricultural
commodities and raw fish are offered for sale. Such regulations
may provide that information shall be expressed as an average
or range per serving of the same type of raw agricultural
commodity or raw fish. The Secretary shall develop and make
available to the persons who offer such food to consumers the
information required by subparagraphs (1) and (2).
(iii) Regulations issued under subclause (i) shall permit the
required information to be provided in each area of an
establishment in which raw agricultural commodities and raw
fish are offered for sale. The regulations shall permit food
retailers to display the required information by supplying
copies of the information provided by the Secretary, by making
the information available in brochure, notebook or leaflet
form, or by posting a sign disclosing the information. Such
regulations shall also permit presentation of the required
information to be supplemented by a video, live demonstration,
or other media which the Secretary approves.
(E) For purposes of this subparagraph, the term ``fish''
includes freshwater or marine fin fish, crustaceans, and
mollusks, including shellfish, amphibians, and other forms of
aquatic animal life.
(F) No person who offers raw agricultural commodities or raw
fish to consumers may be prosecuted for minor violations of
this subparagraph if there has been substantial compliance with
the requirements of this paragraph.
(5)(A) Subparagraphs (1), (2), (3), and (4) shall not apply
to food--
(i) except as provided in clause (H)(ii)(III), which
is served in restaurants or other establishments in
which food is served for immediate human consumption or
which is sold for sale or use in such establishments,
(ii) except as provided in clause (H)(ii)(III), which
is processed and prepared primarily in a retail
establishment, which is ready for human consumption,
which is of the type described in subclause (i), and
which is offered for sale to consumers but not for
immediate human consumption in such establishment and
which is not offered for sale outside such
establishment,
(iii) which is an infant formula subject to section
412,
(iv) which is a medical food as defined in section
5(b) of the Orphan Drug Act (21 U.S.C. 360ee(b)), or
(v) which is described in section 405(2).
(B) Subparagraphs (1) and (2) shall not apply to the label of
a food if the Secretary determines by regulations that
compliance with such subparagraphs is impracticable because the
package of such food is too small to comply with the
requirements of such subparagraphs and if the label of such
food does not contain any nutrition information.
(C) If a food contains insignificant amounts, as determined
by the Secretary, of all the nutrients required by
subparagraphs (1) and (2) to be listed in the label or labeling
of food, the requirements of such subparagraphs shall not apply
to such food if the label, labeling, or advertising of such
food does not make any claim with respect to the nutritional
value of such food. If a food contains insignificant amounts,
as determined by the Secretary, of more than one-half the
nutrients required by subparagraphs (1) and (2) to be in the
label or labeling of the food, the Secretary shall require the
amounts of such nutrients to be stated in a simplified form
prescribed by the Secretary.
(D) If a person offers food for sale and has annual gross
sales made or business done in sales to consumers which is not
more than $500,000 or has annual gross sales made or business
done in sales of food to consumers which is not more than
$50,000, the requirements of subparagraphs (1), (2), (3), and
(4) shall not apply with respect to food sold by such person to
consumers unless the label or labeling of food offered by such
person provides nutrition information or makes a nutrition
claim.
(E)(i) During the 12-month period for which an exemption from
subparagraphs (1) and (2) is claimed pursuant to this
subclause, the requirements of such subparagraphs shall not
apply to any food product if--
(I) the labeling for such product does not provide
nutrition information or make a claim subject to
paragraph (r),
(II) the person who claims for such product an
exemption from such subparagraphs employed fewer than
an average of 100 full-time equivalent employees,
(III) such person provided the notice described in
subclause (iii), and
(IV) in the case of a food product which was sold in
the 12-month period preceding the period for which an
exemption was claimed, fewer than 100,000 units of such
product were sold in the United States during such
preceding period, or in the case of a food product
which was not sold in the 12-month period preceding the
period for which such exemption is claimed, fewer than
100,000 units of such product are reasonably
anticipated to be sold in the United States during the
period for which such exemption is claimed.
(ii) During the 12-month period after the applicable date
referred to in this sentence, the requirements of subparagraphs
(1) and (2) shall not apply to any food product which was first
introduced into interstate commerce before May 8, 1994, if the
labeling for such product does not provide nutrition
information or make a claim subject to paragraph (r), if such
person provided the notice described in subclause (iii), and
if--
(I) during the 12-month period preceding May 8, 1994,
the person who claims for such product an exemption
from such subparagraphs employed fewer than an average
of 300 full-time equivalent employees and fewer than
600,000 units of such product were sold in the United
States,
(II) during the 12-month period preceding May 8,
1995, the person who claims for such product an
exemption from such subparagraphs employed fewer than
an average of 300 full-time equivalent employees and
fewer than 400,000 units of such product were sold in
the United States, or
(III) during the 12-month period preceding May 8,
1996, the person who claims for such product an
exemption from such subparagraphs employed fewer than
an average of 200 full-time equivalent employees and
fewer than 200,000 units of such product were sold in
the United States.
(iii) The notice referred to in subclauses (i) and (ii) shall
be given to the Secretary prior to the beginning of the period
during which the exemption under subclause (i) or (ii) is to be
in effect, shall state that the person claiming such exemption
for a food product has complied with the applicable
requirements of subclause (i) or (ii), and shall--
(I) state the average number of full-time equivalent
employees such person employed during the 12 months
preceding the date such person claims such exemption,
(II) state the approximate number of units the person
claiming the exemption sold in the United States,
(III) if the exemption is claimed for a food product
which was sold in the 12-month period preceding the
period for which the exemption was claimed, state the
approximate number of units of such product which were
sold in the United States during such preceding period,
and, if the exemption is claimed for a food product
which was not sold in such preceding period, state the
number of units of such product which such person
reasonably anticipates will be sold in the United
States during the period for which the exemption was
claimed, and
(IV) contain such information as the Secretary may
require to verify the information required by the
preceding provisions of this subclause if the Secretary
has questioned the validity of such information.
If a person is not an importer, has fewer than 10 full-time
equivalent employees, and sells fewer than 10,000 units of any
food product in any year, such person is not required to file a
notice for such product under this subclause for such year.
(iv) In the case of a person who claimed an exemption under
subclause (i) or (ii), if, during the period of such exemption,
the number of full-time equivalent employees of such person
exceeds the number in such subclause or if the number of food
products sold in the United States exceeds the number in such
subclause, such exemption shall extend to the expiration of 18
months after the date the number of full-time equivalent
employees or food products sold exceeded the applicable number.
(v) For any food product first introduced into interstate
commerce after May 8, 2002, the Secretary may by regulation
lower the employee or units of food products requirement of
subclause (i) if the Secretary determines that the cost of
compliance with such lower requirement will not place an undue
burden on persons subject to such lower requirement.
(vi) For purposes of subclauses (i), (ii), (iii), (iv), and
(v)--
(I) the term ``unit'' means the packaging or, if
there is no packaging, the form in which a food product
is offered for sale to consumers,
(II) the term ``food product'' means food in any
sized package which is manufactured by a single
manufacturer or which bears the same brand name, which
bears the same statement of identity, and which has
similar preparation methods, and
(III) the term ``person'' in the case of a
corporation includes all domestic and foreign
affiliates of the corporation.
(F) A dietary supplement product (including a food to which
section 411 applies) shall comply with the requirements of
subparagraphs (1) and (2) in a manner which is appropriate for
the product and which is specified in regulations of the
Secretary which shall provide that--
(i) nutrition information shall first list those
dietary ingredients that are present in the product in
a significant amount and for which a recommendation for
daily consumption has been established by the
Secretary, except that a dietary ingredient shall not
be required to be listed if it is not present in a
significant amount, and shall list any other dietary
ingredient present and identified as having no such
recommendation;
(ii) the listing of dietary ingredients shall include
the quantity of each such ingredient (or of a
proprietary blend of such ingredients) per serving;
(iii) the listing of dietary ingredients may include
the source of a dietary ingredient; and
(iv) the nutrition information shall immediately
precede the ingredient information required under
subclause (i), except that no ingredient identified
pursuant to subclause (i) shall be required to be
identified a second time.
(G) Subparagraphs (1), (2), (3), and (4) shall not apply to
food which is sold by a food distributor if the food
distributor principally sells food to restaurants or other
establishments in which food is served for immediate human
consumption and does not manufacture, process, or repackage the
food it sells.
(H) Restaurants, Retail Food Establishments, and Vending
Machines.--
(i) General requirements for restaurants and similar
retail food establishments.--Except for food described
in subclause (vii), in the case of food that is a
standard menu item that is offered for sale in a
restaurant or similar retail food establishment that is
part of a chain with 20 or more locations doing
business under the same name (regardless of the type of
ownership of the locations) and offering for sale
substantially the same menu items, the restaurant or
similar retail food establishment shall disclose the
information described in subclauses (ii) and (iii).
(ii) Information required to be disclosed by
restaurants and retail food establishments.--Except as
provided in subclause (vii), the restaurant or similar
retail food establishment shall disclose in a clear and
conspicuous manner--
(I)(aa) in a nutrient content disclosure
statement adjacent to the name of the standard
menu item, so as to be clearly associated with
the standard menu item, on the menu listing the
item for sale, the number of calories contained
in the standard menu item, as usually prepared
and offered for sale; and
(bb) a succinct statement concerning
suggested daily caloric intake, as specified by
the Secretary by regulation and posted
prominently on the menu and designed to enable
the public to understand, in the context of a
total daily diet, the significance of the
caloric information that is provided on the
menu;
(II)(aa) in a nutrient content disclosure
statement adjacent to the name of the standard
menu item, so as to be clearly associated with
the standard menu item, on the menu board,
including a drive-through menu board, the
number of calories contained in the standard
menu item, as usually prepared and offered for
sale; and
(bb) a succinct statement concerning
suggested daily caloric intake, as specified by
the Secretary by regulation and posted
prominently on the menu board, designed to
enable the public to understand, in the context
of a total daily diet, the significance of the
nutrition information that is provided on the
menu board;
(III) in a written form, available on the premises of
the restaurant or similar retail establishment and to
the consumer upon request, the nutrition information
required under clauses (C) and (D) of subparagraph (1);
and
(IV) on the menu or menu board, a prominent, clear,
and conspicuous statement regarding the availability of
the information described in item (III).
(iii) Self-service food and food on display.--Except
as provided in subclause (vii), in the case of food
sold at a salad bar, buffet line, cafeteria line, or
similar self-service facility, and for self-service
beverages or food that is on display and that is
visible to customers, a restaurant or similar retail
food establishment shall place adjacent to each food
offered a sign that lists calories per displayed food
item or per serving.
(iv) Reasonable basis.--For the purposes of this
clause, a restaurant or similar retail food
establishment shall have a reasonable basis for its
nutrient content disclosures, including nutrient
databases, cookbooks, laboratory analyses, and other
reasonable means, as described in section 101.10 of
title 21, Code of Federal Regulations (or any successor
regulation) or in a related guidance of the Food and
Drug Administration.
(v) Menu variability and combination meals.--The
Secretary shall establish by regulation standards for
determining and disclosing the nutrient content for
standard menu items that come in different flavors,
varieties, or combinations, but which are listed as a
single menu item, such as soft drinks, ice cream,
pizza, doughnuts, or children's combination meals,
through means determined by the Secretary, including
ranges, averages, or other methods.
(vi) Additional information.--If the Secretary
determines that a nutrient, other than a nutrient
required under subclause (ii)(III), should be disclosed
for the purpose of providing information to assist
consumers in maintaining healthy dietary practices, the
Secretary may require, by regulation, disclosure of
such nutrient in the written form required under
subclause (ii)(III).
(vii) Nonapplicability to certain food.--
(I) In general.--Subclauses (i) through (vi)
do not apply to--
(aa) items that are not listed on a
menu or menu board (such as condiments
and other items placed on the table or
counter for general use);
(bb) daily specials, temporary menu
items appearing on the menu for less
than 60 days per calendar year, or
custom orders; or
(cc) such other food that is part of
a customary market test appearing on
the menu for less than 90 days, under
terms and conditions established by the
Secretary.
(II) Written forms.--Subparagraph (5)(C)
shall apply to any regulations promulgated
under subclauses (ii)(III) and (vi).
(viii) Vending machines.--
(I) In general.--In the case of an article of food
sold from a vending machine that--
(aa) does not permit a prospective
purchaser to examine the Nutrition
Facts Panel before purchasing the
article or does not otherwise provide
visible nutrition information at the
point of purchase; and
(bb) is operated by a person who is
engaged in the business of owning or
operating 20 or more vending machines,
the vending machine operator shall provide a
sign in close proximity to each article of food
or the selection button that includes a clear
and conspicuous statement disclosing the number
of calories contained in the article.
(ix) Voluntary provision of nutrition information.--
(I) In general.--An authorized official of
any restaurant or similar retail food
establishment or vending machine operator not
subject to the requirements of this clause may
elect to be subject to the requirements of such
clause, by registering biannually the name and
address of such restaurant or similar retail
food establishment or vending machine operator
with the Secretary, as specified by the
Secretary by regulation.
(II) Registration.--Within 120 days of
enactment of this clause, the Secretary shall
publish a notice in the Federal Register
specifying the terms and conditions for
implementation of item (I), pending
promulgation of regulations.
(III) Rule of construction.--Nothing in this
subclause shall be construed to authorize the
Secretary to require an application, review, or
licensing process for any entity to register
with the Secretary, as described in such item.
(x) Regulations.--
(I) Proposed regulation.--Not later than 1
year after the date of enactment of this
clause, the Secretary shall promulgate proposed
regulations to carry out this clause.
(II) Contents.--In promulgating regulations,
the Secretary shall--
(aa) consider standardization of
recipes and methods of preparation,
reasonable variation in serving size
and formulation of menu items, space on
menus and menu boards, inadvertent
human error, training of food service
workers, variations in ingredients, and
other factors, as the Secretary
determines; and
(bb) specify the format and manner of
the nutrient content disclosure
requirements under this subclause.
(III) Reporting.--The Secretary shall submit
to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on
Energy and Commerce of the House of
Representatives a quarterly report that
describes the Secretary's progress toward
promulgating final regulations under this
subparagraph.
(xi) Definition.--In this clause, the term ``menu''
or ``menu board'' means the primary writing of the
restaurant or other similar retail food establishment
from which a consumer makes an order selection.
(r)(1) Except as provided in clauses (A) through (C) of
subparagraph (5), if it is a food intended for human
consumption which is offered for sale and for which a claim is
made in the label or labeling of the food which expressly or by
implication--
(A) characterizes the level of any nutrient which is
of the type required by paragraph (q)(1) or (q)(2) to
be in the label or labeling of the food unless the
claim is made in accordance with subparagraph (2), or
(B) characterizes the relationship of any nutrient
which is of the type required by paragraph (q)(1) or
(q)(2) to be in the label or labeling of the food to a
disease or a health-related condition unless the claim
is made in accordance with subparagraph (3) or (5)(D).
A statement of the type required by paragraph (q) that appears
as part of the nutrition information required or permitted by
such paragraph is not a claim which is subject to this
paragraph and a claim subject to clause (A) is not subject to
clause (B).
(2)(A) Except as provided in subparagraphs (4)(A)(ii) and
(4)(A)(iii) and clauses (A) through (C) of subparagraph (5), a
claim described in subparagraph (1)(A)--
(i) may be made only if the characterization of the
level made in the claim uses terms which are defined in
regulations of the Secretary,
(ii) may not state the absence of a nutrient unless--
(I) the nutrient is usually present in the
food or in a food which substitutes for the
food as defined by the Secretary by regulation,
or
(II) the Secretary by regulation permits such
a statement on the basis of a finding that such
a statement would assist consumers in
maintaining healthy dietary practices and the
statement discloses that the nutrient is not
usually present in the food,
(iii) may not be made with respect to the level of
cholesterol in the food if the food contains, as
determined by the Secretary by regulation, fat or
saturated fat in an amount which increases to persons
in the general population the risk of disease or a
health related condition which is diet related unless--
(I) the Secretary finds by regulation that
the level of cholesterol is substantially less
than the level usually present in the food or
in a food which substitutes for the food and
which has a significant market share, or the
Secretary by regulation permits a statement
regarding the absence of cholesterol on the
basis of a finding that cholesterol is not
usually present in the food and that such a
statement would assist consumers in maintaining
healthy dietary practices and a requirement
that the statement disclose that cholesterol is
not usually present in the food, and
(II) the label or labeling of the food
discloses the level of such fat or saturated
fat in immediate proximity to such claim and
with appropriate prominence which shall be no
less than one-half the size of the claim with
respect to the level of cholesterol,
(iv) may not be made with respect to the level of
saturated fat in the food if the food contains
cholesterol unless the label or labeling of the food
discloses the level of cholesterol in the food in
immediate proximity to such claim and with appropriate
prominence which shall be no less than one-half the
size of the claim with respect to the level of
saturated fat,
(v) may not state that a food is high in dietary
fiber unless the food is low in total fat as defined by
the Secretary or the label or labeling discloses the
level of total fat in the food in immediate proximity
to such statement and with appropriate prominence which
shall be no less than one-half the size of the claim
with respect to the level of dietary fiber, and
(vi) may not be made if the Secretary by regulation
prohibits the claim because the claim is misleading in
light of the level of another nutrient in the food.
(B) If a claim described in subparagraph (1)(A) is made with
respect to a nutrient in a food and the Secretary makes a
determination that the food contains a nutrient at a level that
increases to persons in the general population the risk of a
disease or health-related condition that is diet related, the
label or labeling of such food shall contain, prominently and
in immediate proximity to such claim, the following statement:
``See nutrition information for __ content.'' The blank shall
identify the nutrient associated with the increased disease or
health-related condition risk. In making the determination
described in this clause, the Secretary shall take into account
the significance of the food in the total daily diet.
(C) Subparagraph (2)(A) does not apply to a claim described
in subparagraph (1)(A) and contained in the label or labeling
of a food if such claim is contained in the brand name of such
food and such brand name was in use on such food before October
25, 1989, unless the brand name contains a term defined by the
Secretary under subparagraph (2)(A)(i). Such a claim is subject
to paragraph (a).
(D) Subparagraph (2) does not apply to a claim described in
subparagraph (1)(A) which uses the term ``diet'' and is
contained in the label or labeling of a soft drink if (i) such
claim is contained in the brand name of such soft drink, (ii)
such brand name was in use on such soft drink before October
25, 1989, and (iii) the use of the term ``diet'' was in
conformity with section 105.66 of title 21 of the Code of
Federal Regulations. Such a claim is subject to paragraph (a).
(E) Subclauses (i) through (v) of subparagraph (2)(A) do not
apply to a statement in the label or labeling of food which
describes the percentage of vitamins and minerals in the food
in relation to the amount of such vitamins and minerals
recommended for daily consumption by the Secretary.
(F) Subclause (i) clause (A) does not apply to a statement in
the labeling of a dietary supplement that characterizes the
percentage level of a dietary ingredient for which the
Secretary has not established a reference daily intake, daily
recommended value, or other recommendation for daily
consumption.
(G) A claim of the type described in subparagraph (1)(A) for
a nutrient, for which the Secretary has not promulgated a
regulation under clause (A)(i), shall be authorized and may be
made with respect to a food if--
(i) a scientific body of the United States Government
with official responsibility for public health
protection or research directly relating to human
nutrition (such as the National Institutes of Health or
the Centers for Disease Control and Prevention) or the
National Academy of Sciences or any of its subdivisions
has published an authoritative statement, which is
currently in effect, which identifies the nutrient
level to which the claim refers;
(ii) a person has submitted to the Secretary, at
least 120 days (during which the Secretary may notify
any person who is making a claim as authorized by
clause (C) that such person has not submitted all the
information required by such clause) before the first
introduction into interstate commerce of the food with
a label containing the claim, (I) a notice of the
claim, which shall include the exact words used in the
claim and shall include a concise description of the
basis upon which such person relied for determining
that the requirements of subclause (i) have been
satisfied, (II) a copy of the statement referred to in
subclause (i) upon which such person relied in making
the claim, and (III) a balanced representation of the
scientific literature relating to the nutrient level to
which the claim refers;
(iii) the claim and the food for which the claim is
made are in compliance with clauses (A) and (B), and
are otherwise in compliance with paragraph (a) and
section 201(n); and
(iv) the claim is stated in a manner so that the
claim is an accurate representation of the
authoritative statement referred to in subclause (i)
and so that the claim enables the public to comprehend
the information provided in the claim and to understand
the relative significance of such information in the
context of a total daily diet.
For purposes of this clause, a statement shall be regarded as
an authoritative statement of a scientific body described in
subclause (i) only if the statement is published by the
scientific body and shall not include a statement of an
employee of the scientific body made in the individual capacity
of the employee.
(H) A claim submitted under the requirements of clause (G)
may be made until--
(i) such time as the Secretary issues a regulation--
(I) prohibiting or modifying the claim and
the regulation has become effective, or
(II) finding that the requirements of clause
(G) have not been met, including finding that
the petitioner had not submitted all the
information required by such clause; or
(ii) a district court of the United States in an
enforcement proceeding under chapter III has determined
that the requirements of clause (G) have not been met.
(3)(A) Except as provided in subparagraph (5), a claim
described in subparagraph (1)(B) may only be made--
(i) if the claim meets the requirements of the
regulations of the Secretary promulgated under clause
(B), and
(ii) if the food for which the claim is made does not
contain, as determined by the Secretary by regulation,
any nutrient in an amount which increases to persons in
the general population the risk of a disease or health-
related condition which is diet related, taking into
account the significance of the food in the total daily
diet, except that the Secretary may by regulation
permit such a claim based on a finding that such a
claim would assist consumers in maintaining healthy
dietary practices and based on a requirement that the
label contain a disclosure of the type required by
subparagraph (2)(B).
(B)(i) The Secretary shall promulgate regulations authorizing
claims of the type described in subparagraph (1)(B) only if the
Secretary determines, based on the totality of publicly
available scientific evidence (including evidence from well-
designed studies conducted in a manner which is consistent with
generally recognized scientific procedures and principles),
that there is significant scientific agreement, among experts
qualified by scientific training and experience to evaluate
such claims, that the claim is supported by such evidence.
(ii) A regulation described in subclause (i) shall describe--
(I) the relationship between a nutrient of the type
required in the label or labeling of food by paragraph
(q)(1) or (q)(2) and a disease or health-related
condition, and
(II) the significance of each such nutrient in
affecting such disease or health-related condition.
(iii) A regulation described in subclause (i) shall require
such claim to be stated in a manner so that the claim is an
accurate representation of the matters set out in subclause
(ii) and so that the claim enables the public to comprehend the
information provided in the claim and to understand the
relative significance of such information in the context of a
total daily diet.
(C) Notwithstanding the provisions of clauses (A)(i) and (B),
a claim of the type described in subparagraph (1)(B) which is
not authorized by the Secretary in a regulation promulgated in
accordance with clause (B) shall be authorized and may be made
with respect to a food if--
(i) a scientific body of the United States Government
with official responsibility for public health
protection or research directly relating to human
nutrition (such as the National Institutes of Health or
the Centers for Disease Control and Prevention) or the
National Academy of Sciences or any of its subdivisions
has published an authoritative statement, which is
currently in effect, about the relationship between a
nutrient and a disease or health-related condition to
which the claim refers;
(ii) a person has submitted to the Secretary, at
least 120 days (during which the Secretary may notify
any person who is making a claim as authorized by
clause (C) that such person has not submitted all the
information required by such clause) before the first
introduction into interstate commerce of the food with
a label containing the claim, (I) a notice of the
claim, which shall include the exact words used in the
claim and shall include a concise description of the
basis upon which such person relied for determining
that the requirements of subclause (i) have been
satisfied, (II) a copy of the statement referred to in
subclause (i) upon which such person relied in making
the claim, and (III) a balanced representation of the
scientific literature relating to the relationship
between a nutrient and a disease or health-related
condition to which the claim refers;
(iii) the claim and the food for which the claim is
made are in compliance with clause (A)(ii) and are
otherwise in compliance with paragraph (a) and section
201(n); and
(iv) the claim is stated in a manner so that the
claim is an accurate representation of the
authoritative statement referred to in subclause (i)
and so that the claim enables the public to comprehend
the information provided in the claim and to understand
the relative significance of such information in the
context of a total daily diet.
For purposes of this clause, a statement shall be regarded as
an authoritative statement of a scientific body described in
subclause (i) only if the statement is published by the
scientific body and shall not include a statement of an
employee of the scientific body made in the individual capacity
of the employee.
(D) A claim submitted under the requirements of clause (C)
may be made until--
(i) such time as the Secretary issues a regulation
under the standard in clause (B)(i)--
(I) prohibiting or modifying the claim and
the regulation has become effective, or
(II) finding that the requirements of clause
(C) have not been met, including finding that
the petitioner has not submitted all the
information required by such clause; or
(ii) a district court of the United States in an
enforcement proceeding under chapter III has determined
that the requirements of clause (C) have not been met.
(4)(A)(i) Any person may petition the Secretary to issue a
regulation under subparagraph (2)(A)(i) or (3)(B) relating to a
claim described in subparagraph (1)(A) or (1)(B). Not later
than 100 days after the petition is received by the Secretary,
the Secretary shall issue a final decision denying the petition
or file the petition for further action by the Secretary. If
the Secretary does not act within such 100 days, the petition
shall be deemed to be denied unless an extension is mutually
agreed upon by the Secretary and the petitioner. If the
Secretary denies the petition or the petition is deemed to be
denied, the petition shall not be made available to the public.
If the Secretary files the petition, the Secretary shall deny
the petition or issue a proposed regulation to take the action
requested in the petition not later than 90 days after the date
of such decision. If the Secretary does not act within such 90
days, the petition shall be deemed to be denied unless an
extension is mutually agreed upon by the Secretary and the
petitioner. If the Secretary issues a proposed regulation, the
rulemaking shall be completed within 540 days of the date the
petition is received by the Secretary. If the Secretary does
not issue a regulation within such 540 days, the Secretary
shall provide the Committee on Commerce of the House of
Representatives and the Committee on Labor and Human Resources
of the Senate the reasons action on the regulation did not
occur within such 540 days.
(ii) Any person may petition the Secretary for permission to
use in a claim described in subparagraph (1)(A) terms that are
consistent with the terms defined by the Secretary under
subparagraph (2)(A)(i). Within 90 days of the submission of
such a petition, the Secretary shall issue a final decision
denying the petition or granting such permission.
(iii) Any person may petition the Secretary for permission to
use an implied claim described in subparagraph (1)(A) in a
brand name. After publishing notice of an opportunity to
comment on the petition in the Federal Register and making the
petition available to the public, the Secretary shall grant the
petition if the Secretary finds that such claim is not
misleading and is consistent with terms defined by the
Secretary under subparagraph (2)(A)(i). The Secretary shall
grant or deny the petition within 100 days of the date it is
submitted to the Secretary and the petition shall be considered
granted if the Secretary does not act on it within such 100
days.
(B) A petition under clause (A)(i) respecting a claim
described in subparagraph (1)(A) or (1)(B) shall include an
explanation of the reasons why the claim meets the requirements
of this paragraph and a summary of the scientific data which
supports such reasons.
(C) If a petition for a regulation under subparagraph (3)(B)
relies on a report from an authoritative scientific body of the
United States, the Secretary shall consider such report and
shall justify any decision rejecting the conclusions of such
report.
(5)(A) This paragraph does not apply to infant formulas
subject to section 412(h) and medical foods as defined in
section 5(b) of the Orphan Drug Act.
(B) Subclauses (iii) through (v) of subparagraph (2)(A) and
subparagraph (2)(B) do not apply to food which is served in
restaurants or other establishments in which food is served for
immediate human consumption or which is sold for sale or use in
such establishments.
(C) A subparagraph (1)(A) claim made with respect to a food
which claim is required by a standard of identity issued under
section 401 shall not be subject to subparagraph (2)(A)(i) or
(2)(B).
(D) A subparagraph (1)(B) claim made with respect to a
dietary supplement of vitamins, minerals, herbs, or other
similar nutritional substances shall not be subject to
subparagraph (3) but shall be subject to a procedure and
standard, respecting the validity of such claim, established by
regulation of the Secretary.
(6) For purposes of paragraph (r)(1)(B), a statement for a
dietary supplement may be made if--
(A) the statement claims a benefit related to a
classical nutrient deficiency disease and discloses the
prevalence of such disease in the United States,
describes the role of a nutrient or dietary ingredient
intended to affect the structure or function in humans,
characterizes the documented mechanism by which a
nutrient or dietary ingredient acts to maintain such
structure or function, or describes general well-being
from consumption of a nutrient or dietary ingredient,
(B) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading, and
(C) the statement contains, prominently displayed and
in boldface type, the following: ``This statement has
not been evaluated by the Food and Drug Administration.
This product is not intended to diagnose, treat, cure,
or prevent any disease.''.
A statement under this subparagraph may not claim to diagnose,
mitigate, treat, cure, or prevent a specific disease or class
of diseases. If the manufacturer of a dietary supplement
proposes to make a statement described in the first sentence of
this subparagraph in the labeling of the dietary supplement,
the manufacturer shall notify the Secretary no later than 30
days after the first marketing of the dietary supplement with
such statement that such a statement is being made.
(7) The Secretary may make proposed regulations issued under
this paragraph effective upon publication pending consideration
of public comment and publication of a final regulation if the
Secretary determines that such action is necessary--
(A) to enable the Secretary to review and act
promptly on petitions the Secretary determines provide
for information necessary to--
(i) enable consumers to develop and maintain
healthy dietary practices;
(ii) enable consumers to be informed promptly
and effectively of important new knowledge
regarding nutritional and health benefits of
food; or
(iii) ensure that scientifically sound
nutritional and health information is provided
to consumers as soon as possible; or
(B) to enable the Secretary to act promptly to ban or
modify a claim under this paragraph.
Such proposed regulations shall be deemed final agency action
for purposes of judicial review.
(s) If--
(1) it is a dietary supplement; and
(2)(A) the label or labeling of the supplement fails
to list--
(i) the name of each ingredient of the
supplement that is described in section
201(ff); and
(ii)(I) the quantity of each such ingredient;
or
(II) with respect to a proprietary blend of
such ingredients, the total quantity of all
ingredients in the blend;
(B) the label or labeling of the dietary supplement
fails to identify the product by using the term
``dietary supplement'', which term may be modified with
the name of such an ingredient;
(C) the supplement contains an ingredient described
in section 201(ff)(1)(C), and the label or labeling of
the supplement fails to identify any part of the plant
from which the ingredient is derived;
(D) the supplement--
(i) is covered by the specifications of an
official compendium;
(ii) is represented as conforming to the
specifications of an official compendium; and
(iii) fails to so conform; or
(E) the supplement--
(i) is not covered by the specifications of
an official compendium; and
(ii)(I) fails to have the identity and
strength that the supplement is represented to
have; or
(II) fails to meet the quality (including
tablet or capsule disintegration), purity, or
compositional specifications, based on
validated assay or other appropriate methods,
that the supplement is represented to meet.
A dietary supplement shall not be deemed misbranded solely
because its label or labeling contains directions or conditions
of use or warnings.
(t) If it purports to be or is represented as catfish, unless
it is fish classified within the family Ictaluridae.
(u) If it purports to be or is represented as ginseng, unless
it is an herb or herbal ingredient derived from a plant
classified within the genus Panax.
(v) If--
(1) it fails to bear a label required by the
Secretary under section 801(n)(1) (relating to food
refused admission into the United States);
(2) the Secretary finds that the food presents a
threat of serious adverse health consequences or death
to humans or animals; and
(3) upon or after notifying the owner or consignee
involved that the label is required under section 801,
the Secretary informs the owner or consignee that the
food presents such a threat.
(w)(1) If it is not a raw agricultural commodity and it is,
or it contains an ingredient that bears or contains, a major
food allergen, unless either--
(A) the word ``Contains'', followed by the name of
the food source from which the major food allergen is
derived, is printed immediately after or is adjacent to
the list of ingredients (in a type size no smaller than
the type size used in the list of ingredients) required
under subsections (g) and (i); or
(B) the common or usual name of the major food
allergen in the list of ingredients required under
subsections (g) and (i) is followed in parentheses by
the name of the food source from which the major food
allergen is derived, except that the name of the food
source is not required when--
(i) the common or usual name of the
ingredient uses the name of the food source
from which the major food allergen is derived;
or
(ii) the name of the food source from which
the major food allergen is derived appears
elsewhere in the ingredient list, unless the
name of the food source that appears elsewhere
in the ingredient list appears as part of the
name of a food ingredient that is not a major
food allergen under section 201(qq)(2)(A) or
(B).
(2) As used in this subsection, the term ``name of the food
source from which the major food allergen is derived'' means
the name described in section 201(qq)(1); provided that in the
case of a tree nut, fish, or Crustacean shellfish, the term
``name of the food source from which the major food allergen is
derived'' means the name of the specific type of nut or species
of fish or Crustacean shellfish.
(3) The information required under this subsection may appear
in labeling in lieu of appearing on the label only if the
Secretary finds that such other labeling is sufficient to
protect the public health. A finding by the Secretary under
this paragraph (including any change in an earlier finding
under this paragraph) is effective upon publication in the
Federal Register as a notice.
(4) Notwithstanding subsection (g), (i), or (k), or any other
law, a flavoring, coloring, or incidental additive that is, or
that bears or contains, a major food allergen shall be subject
to the labeling requirements of this subsection.
(5) The Secretary may by regulation modify the requirements
of subparagraph (A) or (B) of paragraph (1), or eliminate
either the requirement of subparagraph (A) or the requirements
of subparagraph (B) of paragraph (1), if the Secretary
determines that the modification or elimination of the
requirement of subparagraph (A) or the requirements of
subparagraph (B) is necessary to protect the public health.
(6)(A) Any person may petition the Secretary to exempt a food
ingredient described in section 201(qq)(2) from the allergen
labeling requirements of this subsection.
(B) The Secretary shall approve or deny such petition within
180 days of receipt of the petition or the petition shall be
deemed denied, unless an extension of time is mutually agreed
upon by the Secretary and the petitioner.
(C) The burden shall be on the petitioner to provide
scientific evidence (including the analytical method used to
produce the evidence) that demonstrates that such food
ingredient, as derived by the method specified in the petition,
does not cause an allergic response that poses a risk to human
health.
(D) A determination regarding a petition under this paragraph
shall constitute final agency action.
(E) The Secretary shall promptly post to a public site all
petitions received under this paragraph within 14 days of
receipt and the Secretary shall promptly post the Secretary's
response to each.
(7)(A) A person need not file a petition under paragraph (6)
to exempt a food ingredient described in section 201(qq)(2)
from the allergen labeling requirements of this subsection, if
the person files with the Secretary a notification containing--
(i) scientific evidence (including the analytical
method used) that demonstrates that the food ingredient
(as derived by the method specified in the
notification, where applicable) does not contain
allergenic protein; or
(ii) a determination by the Secretary that the
ingredient does not cause an allergic response that
poses a risk to human health under a premarket approval
or notification program under section 409.
(B) The food ingredient may be introduced or delivered for
introduction into interstate commerce as a food ingredient that
is not a major food allergen 90 days after the date of receipt
of the notification by the Secretary, unless the Secretary
determines within the 90-day period that the notification does
not meet the requirements of this paragraph, or there is
insufficient scientific evidence to determine that the food
ingredient does not contain allergenic protein or does not
cause an allergenic response that poses a risk to human health.
(C) The Secretary shall promptly post to a public site all
notifications received under this subparagraph within 14 days
of receipt and promptly post any objections thereto by the
Secretary.
(x) Notwithstanding subsection (g), (i), or (k), or any other
law, a spice, flavoring, coloring, or incidental additive that
is, or that bears or contains, a food allergen (other than a
major food allergen), as determined by the Secretary by
regulation, shall be disclosed in a manner specified by the
Secretary by regulation.
(y) If it is a dietary supplement that is marketed in the
United States, unless the label of such dietary supplement
includes a domestic address or domestic phone number through
which the responsible person (as described in section 761) may
receive a report of a serious adverse event with such dietary
supplement.
(z) If its label or labeling includes the term ``natural
cheese'' as a factual descriptor of a category of cheese unless
the food meets the definition of natural cheese under section
201(ss), except that nothing in this paragraph shall prohibit
the use of the term `natural' or `all-natural', or a similar
claim or statement with respect to a food in a manner that is
consistent with regulations, guidance, or policy statements
issued by the Secretary.
Sec. 403A. (a) Except as provided in subsection (b), no State
or political subdivision of a State may directly or indirectly
establish under any authority or continue in effect as to any
food in interstate commerce--
(1) any requirement for a food which is the subject
of a standard of identity established under section 401
that is not identical to such standard of identity or
that is not identical to the requirement of section
403(g), except that this paragraph does not apply to a
standard of identity of a State or political
subdivision of a State for maple syrup that is of the
type required by sections 401 and 403(g),
(2) any requirement for the labeling of food of the
type required by section 403(c), 403(e), 403(i)(2),
403(w), [or 403(x)] 403(x), or 403(z) that is not
identical to the requirement of such section, except
that this paragraph does not apply to a requirement of
a State or political subdivision of a State that is of
the type required by section 403(c) and that is
applicable to maple syrup,
(3) any requirement for the labeling of food of the
type required by section 403(b), 403(d), 403(f),
403(h), 403(i)(1), or 403(k) that is not identical to
the requirement of such section, except that this
paragraph does not apply to a requirement of a State or
political subdivision of a State that is of the type
required by section 403(h)(1) and that is applicable to
maple syrup,
(4) any requirement for nutrition labeling of food
that is not identical to the requirement of section
403(q), except that this paragraph does not apply to
food that is offered for sale in a restaurant or
similar retail food establishment that is not part of a
chain with 20 or more locations doing business under
the same name (regardless of the type of ownership of
the locations) and offering for sale substantially the
same menu items unless such restaurant or similar
retail food establishment complies with the voluntary
provision of nutrition information requirements under
section 403(q)(5)(H)(ix), or
(5) any requirement respecting any claim of the type
described in section 403(r)(1) made in the label or
labeling of food that is not identical to the
requirement of section 403(r), except a requirement
respecting a claim made in the label or labeling of
food which is exempt under section 403(r)(5)(B).
Paragraph (3) shall take effect in accordance with section 6(b)
of the Nutrition Labeling and Education Act of 1990.
(b) Upon petition of a State or a political subdivision of a
State, the Secretary may exempt from subsection (a), under such
conditions as may be prescribed by regulation, any State or
local requirement that--
(1) would not cause any food to be in violation of
any applicable requirement under Federal law,
(2) would not unduly burden interstate commerce, and
(3) is designed to address a particular need for
information which need is not met by the requirements
of the sections referred to in subsection (a).
* * * * * * *
----------
AGRICULTURAL MARKETING ACT OF 1946
* * * * * * *
TITLE II
* * * * * * *
Subtitle B--Livestock Mandatory Reporting
* * * * * * *
CHAPTER 5--ADMINISTRATION
* * * * * * *
SEC. 260. TERMINATION OF AUTHORITY.
The authority provided by this subtitle terminates on
September 30, [2024] 2025.
* * * * * * *
Subtitle G--Hemp Production
SEC. 297A. DEFINITIONS.
In this subtitle:
[(1) Hemp.--The term ``hemp'' means the plant
Cannabis sativa L. and any part of that plant,
including the seeds thereof and all derivatives,
extracts, cannabinoids, isomers, acids, salts, and
salts of isomers, whether growing or not, with a delta-
9 tetrahydrocannabinol concentration of not more than
0.3 percent on a dry weight basis.]
(1) Hemp.--
(A) In general.--The term ``hemp'' means the
plant Cannabis sativa L. and any part of that
plant, including the seeds thereof and all
derivatives, extracts, cannabinoids, isomers,
acids, salts, and salts of isomers, whether
growing or not, with a total
tetrahydrocannabinol concentration (including
tetrahydrocannabinolic acid) of not more than
0.3 percent in the plant on a dry weight basis.
(B) Exclusions.--Such term does not include
(i) any viable seeds from a Cannabis
sativa L. plant that exceeds a total
tetrahydrocannabinol concentration
(including tetrahydrocannabinolic acid)
of 0.3 percent in the plant on a dry
weight basis; or
(ii) any hemp-derived cannabinoid
products containing--
(I) cannabinoids that are not
capable of being naturally
produced by a Cannabis sativa
L. plant;
(II) cannabinoids that--
(aa) are capable of
being naturally
produced by a Cannabis
sativa L. plant; and
(bb) were synthesized
or manufactured outside
the plant; or
(III) quantifiable amounts
(as determined by the Secretary
in consultation with the
Secretary of Health and Human
Services) of--
(aa)
tetrahydrocannabinol
(including
tetrahydrocannabinolic
acid); or
(bb) any other
cannabinoids that have
similar effects (or are
marketed to have
similar effects) on
humans or animals as
tetrahydrocannabinol
(as determined by the
Secretary in
consultation with the
Secretary of Health and
Human Services).
(2) HEMP-DERIVED cannabinoid product.--The term
`hemp-derived cannabinoid product' means any
intermediate or final product derived from hemp,
excluding industrial hemp, that--
(A) contains cannabinoids in any form; and
(B) is intended for human or animal use
through any means of application or
administration, such as inhalation, ingestion,
or topical application.
[(2)] (3) Indian tribe.--The term ``Indian tribe''
has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304).
[(3)] (4) Secretary.--The term ``Secretary'' means
the Secretary of Agriculture.
[(4)] (5) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the
United States.
[(5)] (6) State department of agriculture.--The term
``State department of agriculture'' means the agency,
commission, or department of a State government
responsible for agriculture in the State.
[(6)] (7) Tribal government.--The term ``Tribal
government'' means the governing body of an Indian
tribe.
* * * * * * *
----------
SECTION 942 OF THE LIVESTOCK MANDATORY REPORTING ACT OF 1999
SEC. 942. TERMINATION OF AUTHORITY
The authority provided by this title and the amendments made
by this title (other than section 911 of subtitle A and the
amendments made by that section) (other than section 911 of
subtitle A and the amendments made by that section) terminate
on September 30, [2024] 2025.
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 natural
cheese.
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 the
definition of the term ``variety'' in SNAP.
Section 727.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 728.--The bill includes language regarding new user
fees.
Section 729.-- The bill includes language regarding Packers
and Stockyards.
Section 730.--The bill includes language relating to
overtime and holiday pay for FSIS inspectors.
Section 731.--The bill includes language regarding country
or regional audits.
Section 732.--The bill includes language regarding rural
energy loans.
Section 733.--The bill includes language regarding the
tobacco regulation.
Section 734.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 735.--The bill includes language regarding
lobbying.
Section 736.--The bill includes language related to
persistent poverty counties.
Section 737.--The bill includes language related to
investigational use of drugs or biological products.
Section 738.--The bill includes language related to the
growing, harvesting, packing, and holding of certain produce.
Section 739.--The bill includes language related to the
school breakfast program.
Section 740.--The bill includes language regarding hemp.
Section 741.--The bill includes language related to
matching fund requirements.
Section 742.--The bill includes language regarding milk.
Section 743.--The bill includes language regarding housing
efficiency standards.
Section 744.--The bill includes language regarding Critical
Race Theory.
Section 745.--The bill includes language regarding FDA
regulations.
Section 746.--The bill includes language regarding Food for
Peace.
Section 747.--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 748.--The bill includes language related to certain
school food lunch prices.
Section 749.--The bill includes language related to
biotechnology risk assessment research.
Section 750.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 751.--The bill includes language related to the
Agriculture Conservation Experiences Services Program.
Section 752.--The bill includes language related to the
ReConnect program.
Section 753.--The bill includes language regarding official
flags.
Section 754.--The bill includes language regarding a
recission of funds.
Section 755.--The bill includes language regarding
executive orders.
Section 756.--The bill includes language regarding
listeria.
Section 757.--The bill includes language regarding sodium.
Section 758.--The bill includes language regarding
discrimination.
Section 759.--The bill includes language regarding an ARS
facility.
Section 760.--The bill includes language regarding hemp
regulations.
Section 761.--The bill includes language Animal and Plant
Health Inspection Service pay.
Section 762.--The bill includes language related to the
Federal Meat Inspection Act.
Section 763.--The bill includes language regarding the
Dietary Guidelines.
Section 764.--The bill includes language regarding
genetically engineered salmon.
Section 765.--The bill includes language regarding a
recission of funds.
Section 766.--The bill includes language regarding land
purchases.
Section 767.--The bill includes language regarding the
Office of the General Counsel.
Section 768.--The bill includes language regarding food
traceability.
Section 769.--The bill includes language regarding an FDA
office plan.
Section 770.--The bill includes language regarding
Livestock Mandatory Reporting.
Section 771.--The bill includes language regarding
agricultural biotechnology.
Section 772.--The bill includes language regarding the
early introduction of allergenic foods.
Section 773.--The bill includes language regarding molasses
testing.
Section 774.--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:
----------------------------------------------------------------------------------------------------------------
Appropriation in
Agency or program Last year of Authorization level last year of Appropriation in
authorization authorization this bill
----------------------------------------------------------------------------------------------------------------
Multi-Family Housing Revitalization 2016 Such Sums............ $28,000,000 $28,000,000
Broadband Telecommunications Grants 2016 Such Sums............ $35,000,000 $20,000,000
CNP State Administrative Expenses.. 2015 Such Sums............ $263,686,000 $746,385,000
Summer Food Service Program........ 2015 Such Sums............ $495,521,000 $878,304,000
National School Lunch Act-- 2023 $250,000............. $250,000 $250,000
Information Clearinghouse.
School Meals Program--Compliance 2023 $10,000,000.......... $10,000,000 $10,000,000
and Accountability.
WIC................................ 2015 Such Sums............ $6,623,000,000 $7,235,000,000
Farmers' Market Nutrition Program.. 2015 Such Sums............ $16,548,000 $11,000,000
Commodity Futures Trading 2013 Such Sums............ *$205,294,000 $345,000,000
Commission.
----------------------------------------------------------------------------------------------------------------
*Reduced by an across the board cut and sequestration to $194,556,000.
BUDGETARY IMPACT OF THE AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION AND RELATED AGENCIES APPROPRIATIONS BILL, 2025, 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.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee
allocations to its subcommittees: Subcommittee
on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies
Discretionary............................... 25,873 .............. \1\25,871 27,845
Mandatory................................... .............. .............. \1\60,964 48,176
----------------------------------------------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
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.
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2025............................................. \1\52,252
2026............................................. 6,979
2027............................................. 1,872
2028............................................. 920
2029 and future years............................ 611
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
NOTE.--The amounts in this report do not include $55 million in
discretionary budget authority and $60 million in associated outlays
provided for the purposes specified in the 21st Century Cures Act
(Public Law 114-255). Pursuant to title I of that act, such funding
does not count for the purposes of the Congressional Budget Act of
1974 or the Balanced Budget and Emergency Deficit Control Act of 1985.
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.
[In millions of dollars]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and 56,889 \1\39,416
local governments for 2025.......
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
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, 2025:
The Subcommittee held a budget hearing on March 21, 2024,
entitled ``FY 2025 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
The Subcommittee held a hearing on April 11, 2024, entitled
``Member Day.'' The Subcommittee received testimony from:
The Honorable James P. McGovern
The Honorable Gwen Moore
The Honorable Mike Flood
The Subcommittee held a budget hearing on April 18, 2024,
entitled ``The FY 2025 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 May 1, 2024,
entitled ``The FY 2025 Budget Request for the Department of
Agriculture's Farm Production and Conservation Mission Area.''
The Subcommittee received testimony from:
The Honorable Robert Bonnie, Under Secretary of
Farm Production and Conservation, U.S. Department of
Agriculture
Mr. Zach Ducheneaux, Administrator, Farm Service
Agency, U.S. Department of Agriculture
Mr. Terry Cosby, Chief, Natural Resources
Conservation Service, U.S. Department of Agriculture
Ms. Marcia Bunger, Administrator, Risk Management
Agency, U.S. Department of Agriculture
The Subcommittee held an oversight hearing on May 22, 2024,
entitled: ``Nutritious Foods in the Supplemental Nutrition
Assistance Program.'' The Subcommittee received testimony from:
Mr. Michael Gay, Independent Grocer, on behalf
of National Grocers Association
Dr. Robert Lustig, Emeritus Professor,
Department of Pediatrics, University of California San
Francisco.
Dr. Angela Rachidi, Senior Fellow and Rowe
Scholar, American Enterprise Institute
Mr. Robert Seligson, Chief Executive Officer,
The Physicians Foundation
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.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
This is a bad bill that we very strongly oppose.
However, we first want to make sure Members know of two
enormous improvements in the bill from full committee markup.
First, in response to the outcry from the disability
community and many members of the Committee, in the Manager's
Amendment, Rep. Harris removed his own bill language that would
have effectively stopped FDA from banning the use of electric
shock devices on youths with behavioral issues and
developmental disabilities. FDA is now free to continue towards
a final rule to at last end this barbarous practice.
Second, Mr. Bishop offered an amendment to eliminate
language that would create a controversial pilot program within
SNAP that was adopted by the Committee. The proposed pilot
would ``restrict the purchase of ``non-nutritious'' food or
beverage items based upon nutrient content rather than
calories.'' As several Democratic committee members, especially
Rep. Lee (D-CA), explained, the meager daily SNAP allowance
($6.20 a day) forces recipients to buy whatever foods their
benefits allow, sometimes unhealthy foods, because healthier
options are too often simply unaffordable. This provision would
also burden 262,000 small and rural grocers and is impractical
to implement even as a pilot. All grocers would be forced to
monitor customers' purchases and to undergo expensive
technology overhauls to implement this SNAP choice pilot
program.
We hope this is the last time we see this proposal.
The bill provides discretionary funding of $25.9 billion,
about 3.6 percent below the comparable level for fiscal year
2024. Over 80 percent of the of the Members of the Committee
voted for the final 2024 appropriations Acts, which not only
rejected the partisan riders, but provided a nondefense funding
level of $778 billion--a one percent increase over the 2023
nondefense topline and almost $6 billion more than was
originally envisioned by the Fiscal Responsibility Act of 2023
(FRA).
Throughout this year's process, the majority has shown that
despite damaging cuts in all of the bills, the majority has
been unable to write bills that adhere to their own promise of
sticking to the statutory caps. Nevertheless, the allocations
for fiscal year 2025--adopted by a party-line vote--would cut
nondefense funding by more than $52 billion compared to the
laws enacted just four months before this bill was marked up in
Committee. We need a starting point for 2025 that both
recognizes the reality of what was enacted into law, and that
provides at least a one percent increase in both defense and
nondefense funding, consistent with the Fiscal Responsibility
Act framework that House Republicans demanded as the price for
averting a catastrophic default last year. Democrats will
accept nothing less than a one percent increase over 2024 in
nondefense and defense funding. That means that the starting
point for 2025 for nondefense funding must be at least $786
billion. Instead, the Chair's allocations walk away from that
commitment and take off the table at least $60 billion in
investments in American families, which is why they were
opposed by every Democratic Member in attendance.
Among the worst funding decisions in the bill is the
slashing of the Food for Peace program from about $1.6 billion
to $1 billion. During a global hunger crisis, the bill
callously cuts the Food for Peace program by over 40 percent,
its lowest level in over 20 years.
This decision reflects the Republicans' failure to
understand the difference between the Commodity Credit
Corporation (CCC) fund and Food for Peace. Despite the
apparently strongly held views of the Republicans last year
that the Secretary ``over-used'' CCC for unauthorized purposes,
this year they cite his use of CCC funds for international food
assistance as a justification for cutting discretionary funds
for the Food for Peace program. They also cited unobligated
balances, which is routine in the program at this time of the
fiscal year and does not reflect a lack of need for additional
funds.
Domestic nutrition programs are not well-funded, either. We
will need to keep a close eye on WIC funding as we get closer
to 2025 and we regret the failure to provide the budget request
for the Commodity Supplemental Food Program and the WIC farmers
market program. The budget request for the Commonwealth of the
Northern Mariana Island is inexplicably slashed.
Another major area of concern is the large cut to the
mandatory administrative funding for SNAP, despite the fact
that these funds do not count against the bill's 302(b)
allocation. Those funds cover things like benefit and retailer
redemption, certification of Supplemental Security Income
recipients for SNAP, payment accuracy, and retailer integrity
and trafficking. The last item is particularly ironic since the
Republicans opposed an amendment to continue assisting
recipients whose benefits are stolen.
Other cuts of concern that will negatively affect rural
businesses and farmers include:
the research title is 3 percent below
2024 and 5 percent below the budget at a time when
maintaining global U.S. agricultural competitiveness is
of paramount importance;
within the research title, funding for
the National Agricultural Statistics Service continues
to be a major issue for producers. NASS was unable to
complete several important surveys for 2024, including
the July Cattle, Cotton Objective Yield, and County-
Level Estimates surveys because of insufficient
funding, yet this bill would continue down that same
path, effectively cutting the agency by approximately
$3.5 million. Once again, we set ourselves up to
shortchange American producers.
the farm production and conservation
title is 2 percent below 2024 and 8 percent below the
request when farmers desperately need support;
rural development is 5 percent below the
request, leaving housing loans, broadband and water and
waste funding at unacceptably low levels;
freezing FDA at the 2024 level;
the Commodity Futures Trading
Commissions' ability to operate and to protect itself
and its data from international predatory cyber
criminals is severely hampered by being funded at 5
percent below fiscal year 2024 and 8 percent below the
request. A data breach at the CFTC would be nothing
less than catastrophic, and it cannot be understated
how shortsighted it is to underfund this agency that
plays an outsized role in the global financial system;
the failure to include funds to cover
increased pay costs, which is effectively a 2 percent
cut across the board.
Finally, for the second year, it contains a laundry list of
petty, mean-spirited provisions that are aimed at LGBTQI+
Americans, persons of color, disabled persons, and underserved
communities, which includes an enormous swath of rural America.
These riders were dropped in conference for fiscal year 2024
and their inclusion in the fiscal year 2025 bill does nothing
to bring the committee closer to bipartisan agreement.
We oppose the bill and will work to produce a bipartisan
bill in conference with an appropriate 302(b) level.
Rosa DeLauro.
Sanford D. Bishop, Jr.
[all]