[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]