[House Report 119-172]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-172
======================================================================
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2026
_______
June 25, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Harris of Maryland, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4121]
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 2026.
CONTENTS
Page
Title I--Agricultural Programs................................... 2
Title II--Farm Production and Conservation Programs.............. 45
Title III--Rural Development Programs............................ 55
Title IV--Domestic Food Programs................................. 65
Title V--Foreign Assistance and Related Programs................. 70
Title VI--Related Agencies and Food and Drug Administration...... 72
Title VII--General Provisions.................................... 96
OVERVIEW
The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Subcommittee has
jurisdiction over the U.S. Department of Agriculture (USDA)
except for the Forest Service, the Food and Drug Administration
(FDA), the Commodity Futures Trading Commission (CFTC), and the
Farm Credit Administration (FCA). The Subcommittee's
responsibility covers matters of importance to Americans every
day of the year.
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. The Committee does not include funding
to begin new programs and, except where specifically noted,
does not provide additional funding for pay increases. Further,
the Committee does not provide funding for climate hubs or
climate corps activities. The bill maintains critical funding
to ensure we have the safest food, drugs, and devices in the
world and puts America's farmers, ranchers, and rural
communities first.
The Committee notes that the President's budget request
includes a number of important proposals to reform and
reorganize the Federal government. The Committee applauds these
efforts to improve efficiency while reducing waste, fraud, and
abuse. Such reforms are long overdue. The Committee notes that
the authorizing committees of jurisdiction have not yet had the
opportunity to consider these reorganizational proposals.
Accordingly, the Committee's bill and report reflect the
current organizational structure of the agencies funded herein.
The Committee looks forward to working with the authorizing
committees of jurisdiction as they act on the President's
proposed organizational reforms.
Due to the timing of the fiscal year 2026 President's
budget release, the Comparative Statement of New Budget
Authority does not compare the bill to the President's request.
In this report, ``the Committees'' refers to the Committees
on Appropriations of the House of Representatives and the
Senate.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The following table reflects the amount provided by the
Committee for each office and activity:
[Dollars in thousands]
------------------------------------------------------------------------
Committee
provision
------------------------------------------------------------------------
Office of the Secretary.................................... $5,551
Office of Homeland Security................................ 1,700
Office of Tribal Relations................................. 5,190
Office of Partnerships and Public Engagement............... 5,000
Office of the Assistant Secretary for Administration....... 900
Departmental Administration................................ 17,015
Office of the Assistant Secretary for Congressional 3,500
Relations and Intergovernmental Affairs...................
Office of Communications................................... 5,000
------------
Total, Office of the Secretary......................... 43,856
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Office of the Secretary, the Committee provides an
appropriation of $43,856,000.
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.
Commodity Credit Corporation (CCC) Report.--The Committee
directs the Secretary to provide a report on November 15, 2025,
and May 15, 2026, 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 or cancelation of funds from the CCC or
the obligation, commitment, transfer, or cancelation 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 continue notifying the
Committee 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.
Credit Subsidy Rates.--The Committee notes that the release
of the OMB Budget coincided with the Committee's work to draft
this Act. In preparation for the appropriations process for
fiscal year 2027, the Committee directs USDA to transmit to the
Committee the estimated credit subsidy rates for fiscal year
2027 for each program for which amounts are provided in the Act
for gross obligations for the principal amount of direct or
guaranteed loans no later than March 1, 2026.
Critical Inputs.--The Committee directs the Secretary to
provide a report within 180 days of enactment of this Act on
the dependency on the People's Republic of China for critical
agricultural inputs such as agricultural equipment, machinery,
fertilizer, animal feed ingredients, 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
USDA'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 prior to fiscal year 2021 and
directs that this format be maintained for fiscal year 2027 and
beyond.
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 the Animal Plant and Health Inspection
Service (APHIS) 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, USDA is directed
through all agencies, including within Farm Production and
Conservation (FPAC), 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, USDA is encouraged to provide
recommendations on program changes that would make them more
accessible and beneficial to producers negatively impacted by
quarantines.
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.
Interstate Commerce of Agricultural Products.--The
Committee directs the Secretary to provide a report on the
impact of State statutes and regulations on food prices and
industry consolidation within 180 days of the enactment of this
Act. Such report shall provide recommendations of actions that
can be taken to alleviate the impacts of these policies while
also respecting States' rights.
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 fiscal year 2017 and 2018.
The Committee is aware of the National Academy of Public
Administration (Academy) recommendations regarding the
stabilization and modernization of the NFC. The Academy notes
that timing and budget pressures place a significant burden on
NFC, and absent a dedicated appropriation, problems can
persist. The Committee supports the efforts of NFC to modernize
its IT infrastructure, resulting in higher recruitment of
skilled workers and long-term cost savings. The Committee urges
the Secretary to use dedicated credit card rebates transferred
to the Working Capital Fund, as approved by section 725, to
bolster information technology and other support systems at the
NFC. Additionally, the Committee encourages the Secretary to
provide resources for agency costs associated with
transitioning to NFC services.
Native Plants.--The Committee continues to support the use
of locally adapted native plant materials in the undertaking of
land management activity on Federal lands under the
jurisdiction of USDA.
New Initiatives.--The Committee directs USDA, no later than
120 days after enactment of this Act, 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 USDA
to develop and implement measures to increase the share of
investments in persistent poverty counties, distressed
communities, and other impoverished areas. The Committee
directs USDA 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.
Program, Project, or Activity.--For the purposes of
sections 716 and 721 of this Act, ``program, project, or
activity'' means the most detailed subdivision of an
appropriation and should reflect the more detailed of (a)
amounts identified in any tables in this report; (b) amounts,
including increases or decreases, specified in any parts of
this Act or this report; (c) activities or directives specified
in this Act or this report; or (d) tables included in budget
justification materials.
Quarterly Reports.--The Committee directs the Secretary to
submit a unified quarterly report detailing staffing levels and
obligated balances across the Department. Staffing data should
provide detail by agency, including current levels and end-of-
year goals, and the source of appropriations, notated by the
authority citation, supporting each staffing level. Obligation
data should include year-to-date obligations and current
balances at the mission area, agency, and program level, broken
down by source of appropriation and the number of FTEs
supported by each PPA.
Seafood and Aquaculture Report.--The Committee recognizes
that American demand for seafood has increased significantly
and supports increasing the production of domestic aquaculture.
The Committee requests a report no later than 180 days after
enactment of this Act that evaluates USDA's role, and includes
recommendations, for supporting the U.S. aquaculture and the
seafood industry. The report should include USDA expenditures,
over the last three fiscal years, on seafood and aquaculture
purchases; seafood and aquaculture promotion and outreach; the
number and amount of grants made to the seafood and aquaculture
industries; and the number and amount of grants made to
facilitate seafood and aquaculture research.
Simplifying the Application Process.--The Committee
recognizes that the complexity and variability of Notices of
Funding Opportunities can create significant barriers for
small, rural, and Tribal communities with limited
administrative capacity. To improve access to USDA grant
programs, the Committee urges the Department to streamline and
standardize application procedures across discretionary
programs. The Committee encourages USDA to develop a common
application framework or shared application components, where
feasible, to reduce administrative burden and to brief the
House and Senate Committees on Appropriations within 180 days
of enactment of this Act on these efforts.
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 of this Act. 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 2027 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.
Study on Infant Formula Consolidation.--The Committee
directs USDA in partnership with the FTC to study and report to
Congress making recommendations on how to reduce market
concentration and consolidation in infant formula, including
recommendations for whether and how Congress could alter the
single supply contract model under WIC to address these issues.
U.S. Fiber Processing.--The Committee encourages USDA to
identify programs, such as Value-Added Producer Grants and the
Business and Industry Loan Program, that can support the
production and processing of plant-based fiber crops, such as
cotton, hemp, and flax, and animal-based fibers such as wool,
alpaca, and leather. The Committee requests a briefing within
180 days of enactment of this Act on Agency efforts to bolster
support for plant and animal-based fiber production and
processing in the U.S.
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 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
Committee 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 expects
the Office of Homeland Security to fulfill its co-Sector Risk
Management Agency (SRMA) responsibilities. As demonstrated by
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
COMMITTEE PROVISIONS
For the Office of the Chief Economist, the Committee
provides an appropriation of $28,000,000, 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 $11,225,000 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, $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
COMMITTEE PROVISIONS
For the Office of Hearings and Appeals, the Committee
provides an appropriation of $12,703,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
COMMITTEE PROVISIONS
For the Office of Budget and Program Analysis, the
Committee provides an appropriation of $14,967,000.
Office of the Chief Information Officer
COMMITTEE PROVISIONS
For the Office of the Chief Information Officer, the
Committee provides an appropriation of $85,000,000.
Service Delivery Modernization.--The Committee continues to
support the CIO'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
COMMITTEE PROVISIONS
For the Office of the Chief Financial Officer, the
Committee provides an appropriation of $5,867,000.
Office of the Assistant Secretary for Civil Rights
COMMITTEE PROVISIONS
For the Office of the Assistant Secretary for Civil Rights,
the Committee provides an appropriation of $900,000.
Office of Civil Rights
COMMITTEE PROVISIONS
For the Office of Civil Rights, the Committee provides an
appropriation of $24,500,000.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
COMMITTEE PROVISIONS
For Agriculture Buildings and Facilities, the Committee
provides an appropriation of $10,603,000.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
COMMITTEE PROVISIONS
For the Hazardous Materials Management, the Committee
provides an appropriation of $1,000,000.
Office of Safety, Security, and Protection
COMMITTEE PROVISIONS
For the Office of Safety, Security, and Protection, the
Committee provides an appropriation of $18,300,000.
Office of Inspector General
COMMITTEE PROVISIONS
For the Office of Inspector General (OIG), the Committee
provides an appropriation of $94,561,000.
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
COMMITTEE PROVISIONS
For the Office of the General Counsel, the Committee
provides an appropriation of $55,537,000.
Office of Ethics
COMMITTEE PROVISIONS
For the Office of the Ethics, the Committee provides an
appropriation of $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Research,
Education, and Economics, the Committee provides an
appropriation of $2,384,000.
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 RD and FPAC 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 and notes that prior year appropriated
funds are also available. Within the funds made available, the
Committee directs USDA to appoint an Interim Acting Director
for AGARDA within 90 days of enactment of this Act to support
innovative agriculture research and development projects in
order to maintain global agricultural innovation
competitiveness. The Committee expects the Director to work
with external partners, including land-grant universities and
private industry, to initiate these projects through research
planning grants that utilize the unique structure of AGARDA's
transaction authorities and technology transfer agreements.
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 of this Act 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.
Foreign Research Funding.--The Committee is concerned about
funding for research in foreign countries of concern. The
Committee directs USDA to submit a report within 120 days of
enactment of this Act that details all direct or indirect
funding or other USDA support for research conducted in
collaboration with foreign governments or entities of concern
as defined in 42 U.S.C. 19221(a), including the People's
Republic of China, the Democratic People's Republic of Korea,
the Russian Federation, and the Islamic Republic of Iran, 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.
High-Value Biological Compounds.--The Committee supports
research on high-value biological compounds, including from
non-meat animal products, for human and animal benefit.
Potato Research.--The Committee encourages the Secretary to
support pest management programs in potato growing states to
minimize the application of pesticides and maximize the yield
and quality of harvested potatoes. Such programs help
scientists track potential pest outbreaks, provide growers and
industry professionals with current information on specific and
timely treatments, identify serious diseases, such as late
blight, in their early stages, and allow for preventive
measures to be put into place quickly to avoid crop losses.
Sensor Technologies.--The Committee encourages ARS and NIFA
to work cooperatively with land-grant universities, nonprofit
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
COMMITTEE PROVISIONS
For the Economic Research Service (ERS), the Committee
provides an appropriation of $85,612,000.
Alfalfa Research.--In order to provide critical data for
alfalfa to better participate in ad hoc assistance programs,
the Committee directs ERS to include alfalfa in the cost of
production data they publish for major U.S. field crops to
ensure alfalfa producers are treated on par with other U.S.
major field crop producers.
Labor Shortages.--The Committee is aware of a scarcity of
skilled agricultural labor, particularly for specialty crop
growers, which may be leading to a shortage of domestic fruits,
vegetables, and legumes. The Committee directs ERS, within 180
days of enactment of this Act, to evaluate and report to the
Committee on the connections between such labor shortages, the
domestic supply of fruits and vegetables, particularly those
that are specialty crops, and the prices and availability of
such nutritious foods for Americans.
Nutrition Security Metrics.--The Committee recognizes the
intersection between nutrition, food security, and chronic
disease. The Committee encourages USDA to develop metrics for
measuring food security, including age, region, and other
demographics. The Committee further encourages USDA to update
the Household Food Insecurity in the United States report and
to integrate nutrition security metrics into the Household Food
Security Module within one year of enactment of this Act. USDA
shall produce a public report annually on nutrition security,
as is done for food insecurity.
National Agricultural Statistics Service
COMMITTEE PROVISIONS
For the National Agricultural Statistics Service (NASS),
the Committee provides an appropriation of $180,000,000, of
which $46,000,000 is for the Census of Agriculture.
The Committee directs NASS to continue all activities and
reports at the frequency levels assumed in fiscal year 2023.
This includes the July Cattle report; the Cotton Objective
Yield Survey; all County Estimates for Crops and Livestock;
barley acreage and production estimates; the Bee and Honey
Program; the Chemical Use Data Series; the Floriculture Crops
Report; Fruit and Vegetable Reports, including in-season
forecasts for non-citrus fruit and tree nut crops such as
pecans; the Organic Data Initiative; the TOTAL Survey; and the
5-Year Vineyard and Orchard Acreage Study.
The bill includes language requiring NASS to notify the
Committees 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.
Alfalfa Price Reporting.--In order to provide critical data
for alfalfa to better participate in ad hoc programs and the
creation of a revenue alfalfa crop insurance policy to ensure
producers have a safety net they need to produce alfalfa; the
Committee directs NASS to enhance price discovery across the
country for this important crop. Additionally, the Committee
directs NASS to include the Southeast in its crop production
reporting.
Farm Labor Survey.--The Committee recognizes that recent
budget constraints resulted in the cancelation of critical
reports. To better ensure the availability of resources for
reports required by Congress, the Committee provides funding
for the publication of the Farm Labor Survey on a biennial
basis. The transition to a biennial report cadence will allow
for an expanded list frame sample size to compensate for
declining survey participation rates.
Fur Farms.--The Committee is concerned that fur farms are
potential vectors for zoonotic diseases, including the SARS-
CoV-2 virus and highly pathogenic avian influenza, and about
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 fur farm data publicly
available, as this data 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.
Agricultural Research Service
SALARIES AND EXPENSES
COMMITTEE PROVISIONS
For Salaries and Expenses of the Agricultural Research
Service (ARS), the Committee provides an appropriation of
$1,790,550,000.
The Committee expects that extramural and intramural
research will be funded at no less than the fiscal year 2025
levels, unless otherwise specified in this report and the table
titled ``Agricultural Research Service Salaries and Expenses.''
The Committee rejects proposed research program terminations,
including those to extramural research partnerships. The
Committee provides no funding for climate hubs.
1890s Partnerships.--The Committee recognizes the
importance of 1890 land-grant institutions and the
collaborative relationships they 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 continue the existing Cooperative
Research and Development Agreement with the domestic tire
additives industry on efforts to identify and develop chemical
compounds as potential 6PPD replacements, including the hiring
of technical staff, acquisition of analytical equipment, and
support for toxicity testing of promising chemical candidates.
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 EPA 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 2025 level for ARS to
research data security needs and solutions.
Agroforestry.--The Committee directs ARS to work
cooperatively with the National Agroforestry Center (NAC) to
use the research capacity of ARS centers to provide access to
research on affordable, regionally-adapted varieties of key
agroforestry species. The Committee encourages ARS to consult
with NAC to strategically plan research and development of
agroforestry germplasm, enhancement of nursery infrastructure,
and propagation of regionally appropriate agroforestry species,
in coordination with the needs of agroforestry stakeholders and
researchers.
Alfalfa Research.--The Committee recommendation includes no
less than the fiscal year 2025 level to support research
focused on alfalfa improvement.
Alternative Bovine Genetics.--The Committee recognizes the
growing challenges higher temperatures and heat stresses pose
to dairy producers and is encouraged by recent efforts to
identify innovative solutions, including using artificial
intelligence to adapt heat shock proteins. The Committee
directs ARS to continue engaging with collaborators with
expertise in this promising research area and provides an
increase of $400,000 to support bovine health, breeding, and
genetics research that builds on previous success in animal
biotechnology research.
Alternative Protein Research.--The Committee provides no
less than the fiscal year 2025 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.
Avocado Lace Bug.--The Committee encourages ARS to
coordinate research efforts with NIFA and APHIS to address the
impact of the avocado lace bug and the Queensland longhorn
beetle.
Barley Pest Initiative.--The Committee recognizes that
insects and viral, bacterial, and fungal diseases inflict
substantial yield and quality losses to domestic barley crops,
resulting in significant economic losses to growers and end-
users. The Committee provides an increase of $1,000,000 to
support research through the Barley Pest Initiative to address
these major threats to sustainable and profitable barley
production and utilization.
Bio- and Agro-Defense.--The Committee provides no less than
the fiscal year 2025 enacted level to continue to support
animal health and the Bio- and Agro-Defense Program.
Binational Agricultural Research and Development (BARD).--
The Committee provides an increase of $1,000,000 to support
BARD's historical grant-making functions and to support the
BARD Food Security Accelerator.
Brucellosis.--The Committee encourages ARS to provide
dedicated funding to brucellosis research in states with
federally managed bison herds or documented cases of wild
ungulates carrying brucellosis.
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. The
Committee provides $1,000,000 for research regarding the
benefits of nitrogen use and possible alternatives.
Catfish Aquaculture.--The Committee provides an increase of
$1,000,000 to support improved efficiency in catfish
aquaculture, including catfish reproduction sciences and
hatchery technology to increase catfish farming production
rates.
Child Nutrition Research.--The Committee includes an
increase of $500,000 to expand research regarding the growth,
health promotion, microbiome, disease prevention, diet, and
immune function of the developing child, especially the rural
child.
Citrus Breeding Research.--The Committee includes no less
than the fiscal year 2025 level 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 2025 level to support coffee plant health research.
Controlled Environment Agriculture (CEA).--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 maximizing yield and reducing
energy costs for greenhouses and CEA. The Committee encourages
ARS to continue its work on pest management, emerging
greenhouse technologies, and plant nutrients and to develop
controlled environment demonstration projects aligned with
existing ARS technical units focused on greenhouse agriculture
to provide data on greenhouse and CEA best practices, savings,
innovation, and productivity resulting from these projects.
Cotton Blue Disease.--Within base funds provided for cotton
blue disease, the Committee directs ARS to expand research into
exotic pathogens and non-arthropod pests of cotton to encompass
other exotic diseases found in cotton, including cotton
leafroll dwarf virus, which is closely related to cotton blue
disease and has been identified in cotton growing regions in
recent years.
Cover Crops Research and Outreach.--The Committee continues
to recognize the importance of research and outreach related to
cover crops and soil health and provides no less than the
fiscal year 2025 level for these purposes.
Cranberry Research.--The Committee provides no less than
the fiscal year 2025 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. The Committee further encourages the continued
expansion of new, adaptive, and innovative agricultural
practices that address the environmental challenges that U.S.
farmers face through regenerative practices that increase water
and nutrient absorption in soils, as well as meet the energy
challenges in agricultural systems in priority watersheds.
Floriculture and Nursery Research Initiative (FNRI).--The
Committee provides no less than the fiscal year 2025 level 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.
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 $1,000,000 for ARS to expand existing research focused on
oat germplasm, genomics, phonemics, disease resistance, and
enhanced yield.
Geothermal Energy.--The Committee encourages ARS to expand
research for geothermal energy systems, particularly those that
support agricultural applications such as year-round greenhouse
operations. The Committee notes that geothermal energy offers a
stable, sustainable source of thermal energy that can
significantly reduce heating costs, extend growing seasons, and
enhance food security in rural communities. The Committee
supports pilot projects and partnerships with research
institutions and producers that demonstrate the viability of
geothermal systems for greenhouse heating and requests a report
within 180 days of enactment of this Act on strategies to
expand the use of geothermal energy.
Germplasm Enhancement of Maize.--The Committee continues to
support germplasm enhancement of maize projects and encourages
continued cooperation between existing ARS maize germplasm
programs, industry, and large-scale public sector efforts to
investigate the interaction of maize genome variation and
environments.
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 $1,000,000 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 $1,000,000 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 2025 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 2025 funding
level for existing human nutrition research centers.
Innovative Greenhouse Research.--The Committee provides no
less than the fiscal year 2025 level for ARS engineering
research units and academic institutions working on greenhouse
production research.
Little Cherry Disease.--The Committee is concerned by the
growing prevalence of Little Cherry Disease in the Pacific
Northwest and the significant threat that it poses to the
region's stone fruit. The Committee provides no less than the
fiscal year 2025 level to support research on detection and
mitigation of the disease and the vector insects involved.
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 no less than the fiscal year 2025 level 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 no less than the fiscal year 2025 level 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 2025 level to support
implementation of the Macadamia Tree Health Initiative.
Mississippi River Invasive Species Consortium.--The
Committee recognizes the significant economic, environmental,
and agricultural threats posed by invasive species,
particularly in the Lower Mississippi River Basin. The
Committee supports a coordinated, multi-state approach to
invasive species management and mitigation and provides
$1,000,000 for the Mississippi River Invasive Species
Consortium. These funds shall be used to develop proactive,
science-based strategies for the detection, prevention, and
management of invasive species affecting agriculture and
natural resources.
Mitigation of Salmonella in Beef.--The Committee recognizes
the need to support additional research and monitoring with
respect to mitigating salmonella in beef production. The
Committee provides an increase of $1,000,000 for this purpose
and encourages ARS to partner with a non-land-grant institution
of higher education on efforts to mitigate salmonella in beef,
including surveying feedlots, longitudinal surveillance, and
the characterization of salmonella types.
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, complex agriculture-related
legal issues need to be addressed on an increasingly frequent
basis. The Committee provides an increase of $1,000,000 for the
Agricultural Law Information Partnership 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 Cotton Germplasm Collection.--The Committee
provides an increase of $1,000,000 to enhance fiber quality,
yield production, and pest management to keep U.S. cotton
competitive in the global market.
National Turfgrass Evaluation Program.--The Committee
provides an increase of $500,000 to support diagnostic testing,
analysis, and the distribution of turf seed and turf cultivars
to land-grant institutions and private industry.
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 notes the
growing demand for organic products and provides no less than
the fiscal year 2025 level for organic agriculture 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 $1,000,000 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 2025 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 maintain pecan genetic resources, further
characterize pecan genetic diversity, and advance cultivar
breeding through novel genomic approaches that tap into the
unique pecan genetic resources held by ARS.
Pecan Processing Research.--The Committee recognizes the
need for new pecan processing technologies, in particular
pasteurization and cracking/shelling technologies, and the
importance of pasteurization processes for food safety and in
continued export growth. The Committee provides an increase of
$500,000 to support pecan processing research activities to
address these issues.
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 of this Act identifying knowledge
gaps in this space.
Poisonous Plants.--The Committee provides no less than the
fiscal year 2025 level for research concerning poisonous plants
and their toxins, determining how the plants poison animals,
developing diagnostic and prognostic procedures, identifying
the conditions under which poisoning occurs, and developing
management strategies and treatments for ranchers to reduce
livestock losses.
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 on 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 2025 level to
support these efforts.
Poultry Research.--The Committee supports ongoing research
efforts that provide scientific solutions to known and emerging
diseases that impact the poultry industry. As the department
continues to manage HPAI, it is imperative that research
continues to be a priority, especially at BSL-2 laboratories.
As such, the Committee provides an increase of $2,000,000 to
support current and future poultry research.
Predictive Modeling Tools.--The Committee supports
increased efforts to develop and expand sustainable
agricultural production systems for crops through the use of
forecasting tools that incorporate post-harvest soil testing
and in-season monitoring of plant pathogens to combat crop
diseases. The Committee provides no less than the fiscal year
2025 level for ARS to work with Federal and land-grant
university partners to expand predictive modeling tools that
aid farm management decisions to improve agricultural
production of row and pulse crops.
Precision Management of Live Broiler Production.--The
Committee provides an increase of $1,000,000 to support
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.
Precision Salmonid Research.--The Committee provides an
increase of $500,000 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.
Pulse Crop Health Initiative.--The Committee supports the
expansion of pulse crop research and provides an additional
$1,000,000 for research into the health and nutritional
benefits of dry peas, lentils, chickpeas, and dry beans.
Pulse Crop Quality.--The Committee provides an increase of
$500,000 to support the Pulse Crop Quality Network.
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 2025 level to support research into recirculating
aquaculture systems to expand production and resilience in
domestic finfish aquaculture.
Remote Sensing Technologies.--The Committee encourages ARS
to work cooperatively with the National Environmental
Satellite, Data, and Information Service and the National
Aeronautics and Space Administration to use remote sensing data
for agriculture monitoring, including crop health, soil
moisture, precipitation, temperature, and evapotranspiration.
These satellites can help agricultural producers spot crop
diseases and pests early, predict yields, and guide decisions
on water management, fertilization, and harvesting more
efficiently.
Research Funding.--Not later than 180 days after the
enactment of this Act, ARS is directed to submit a report to
the Committee detailing how research funds were allocated in
fiscal years 2024 and 2025 for each of ARS's research topics at
the level shown in the table under this heading in this report.
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 directs ARS to
coordinate research efforts focused on strengthening barley's
resilience to environmental stressors through improved genetics
and management and provides an increase of $1,000,000 for these
efforts.
Shellfish Breeding Research.--The Committee recognizes the
dangers of parasites and bacterial and viral diseases to
shellfish farmers and understands the importance of selective
breeding to combat these infections. The Committee provides
$1,000,000 for the ARS Coldwater Marine Aquaculture Center to
support breeding programs to develop resilient shellfish
stocks, with no less than $500,000 for shellfish breeding
research focused on the East Coast.
Small Fruits Research.--The Committee provides an increase
of $1,000,000 to support research on new plant varieties and
management strategies to promote sustainable production with
the goal of reducing pesticide use and improving quality and
yield.
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.
Smoke Exposure.--The Committee is concerned about the
impacts of wildfire smoke on winegrape producers and supports
research to help growers and processors establish science-based
threshold levels of smoke compounds that cause smoke-tainted
grapes, identify the compounds responsible for smoke taints,
develop mitigation methods to reduce or eliminate smoke taint,
and conduct research into compounds that can act as a barrier
between grapes and smoke compounds. The Committee provides an
increase of $1,000,000 for this research.
Sorghum.--The Committee acknowledges the increased need for
producing drought-tolerant crops, like sorghum, particularly
where water is limited and rainfall is unpredictable. The
Committee provides an increase of $1,000,000 to support the
necessary research to complete models that capture the dynamics
of semi-arid crop systems.
Southern Regional Research Center (SRRC).--The Committee
provides no less than the fiscal year 2025 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 $1,000,000 for this purpose.
The Committee notes that this should include projects that
pursue mechanical or automated technologies and systems.
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 2025 level to research
innovative automation technologies to enhance strawberry
production.
Sugarcane Variety Development.--The Committee provides an
increase of $1,000,000 for the sugarcane breeding program to
support genomic and bioinformatic development, computational
biology, and the appurtenant collection and evaluation of plant
material as part of a new genomic selection strategy.
Sunflower Research.--The Committee supports efforts within
ARS to encourage the study of sunflower breeding to generate
knowledge and plant genetics that will assist in the
development of sunflower hybrids adapted for various growing
regions.
Sustainable Aquaculture.--The Committee provides no less
than the fiscal year 2025 level for the aquaculture experiment
station pilot in partnership with universities to support rapid
response research on sustainable aquaculture for coldwater and
warmwater production environments, with special emphasis on
workforce education.
Sweet Potato Research.--The Committee provides no less than
the fiscal year 2025 level 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.
Technology to Improve Poultry Health.--The Committee
recognizes the importance of biosecurity in improving poultry
health and poultry production efficiency. The Committee
provides $1,000,000 to support ARS research on improvements to
poultry health and biosecurity through technology-based
solutions and an economic assessment of engineering solutions
for animal health and biosecurity in terms of improved
productivity and food security.
Tropical and Subtropical Research.--The Committee includes
an increase of $1,000,000 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
recognizes that the USSES is a valuable asset for grazing lands
and sheep industry genetic research and is the repository of
over five decades of sage grouse research and data. The station
is not only valuable for the domestic livestock industry, but
also for the Western region's wildlife interference. The
Committee includes an increase of $1,000,000 for rangeland
research 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.
Vomitoxin.--The Committee recognizes the increasing
economic and food safety threat that vomitoxin poses to corn
and other affected agricultural crops and products. The
Committee encourages ARS to expand research into methods of
mitigating the risk of vomitoxin, particularly regarding
responsive agriculture, human nutrition, and food safety and
provides an increase of $500,000 for these purposes.
Wheat Resilience.--The Committee provides an increase of
$1,000,000 for the Wheat Resiliency Initiative, which supports
additional research into Wheat Stem Sawfly and Hessian Fly.
Wheat Stripe Rust.--The Committee provides no less than the
fiscal year 2025 level for the Wheat Stripe Rust Initiative.
Whitefly.--The Committee recognizes that whiteflies
(Bemisia tabaci) are an emerging pest resulting from both
developing resistance to many pesticides, making chemical
control difficult, and weather variability resulting in warmer
winters and lower seasonal die-off. The Committee remains
concerned with the whitefly epidemic, which is severely
impacting vegetable and cotton production in the southeastern
U.S. The Committee provides no less than the fiscal year 2025
level for this research.
The following table reflects the increases provided by the
Committee above fiscal year 2025:
AGRICULTURAL RESEARCH SERVICE SALARIES AND EXPENSES
[Dollars in thousands]
------------------------------------------------------------------------
Program/Activity Committee provision
------------------------------------------------------------------------
6PPD........................................... $500
Aflatoxin...................................... 1,000
Agricultural Law Information Partnership....... 1,000
Alternative Bovine Genetics.................... 400
Barley Pest Initiative......................... 1,000
Binational Agricultural Research and 1,000
Development Program...........................
Carrot Research Initiative..................... 1,000
Catfish Aquaculture............................ 1,000
Child Nutrition Research....................... 500
Daily High-Resolution Imaging.................. 1,000
Genetic Oat Research........................... 1,000
Herbicide Resistance........................... 1,000
Mississippi River Invasive Species Consortium.. 1,000
Mitigation of Salmonella in Beef............... 1,000
National Cotton Germplasm Collection........... 1,000
National Turfgrass Evaluation Program.......... 500
Peanut Nutrition............................... 1,000
Pecan Genetics................................. 500
Pecan Processing............................... 500
Poultry Research............................... 2,000
Precision Management of Live Broiler Production 1,000
Precision Salmonid............................. 500
Pulse Crop Health Initiative................... 1,000
Pulse Crop Quality Network..................... 500
Resilient Barley Initiative.................... 1,000
Shellfish Breeding............................. 1,000
Small Fruits................................... 1,000
Smoke Exposure................................. 1,000
Sorghum........................................ 1,000
Specialty Crop Mechanization................... 1,000
Sugarcane Variety Development.................. 1,000
Technology to Improve Poultry Health........... 1,000
Tropical and Subtropical Crops................. 1,000
U.S. Sheep Experiment Station.................. 1,000
Vomitoxin...................................... 500
Wheat Resilience Initiative.................... 1,000
Other programs continuing at FY25 levels....... 1,758,150
Total, ARS Salaries & Expenses............. $1,790,550
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
COMMITTEE PROVISIONS
For Agricultural Research Service Buildings and Facilities,
the Committee provides an appropriation of $21,000,000.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
COMMITTEE PROVISIONS
For National Institute of Food and Agriculture (NIFA)
Research and Education Activities, the Committee provides an
appropriation of $1,058,000,000.
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).--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.
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 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,
mitigate the risks associated with food contaminated outbreaks,
and 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 the FDA in this field and encourages
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 of this
Act.
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.
Enteric Methane Innovation.--The Committee recognizes the
value of public research in supporting innovations that reduce
enteric methane. Within the funds provided for AFRI, the
Committee encourages NIFA to prioritize the advancement of
enteric fermentation mitigation solutions, such as cattle feed
additives, methane-inhibiting vaccines, breeding for low-
methane cattle, and direct-fed modified microorganisms.
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 consider peer-to-peer
counseling through 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.
Importance of Silicon to Soil and Plant Health.--The
Committee recognizes the essential role silicon plays in soil
and plant health and notes that fertilizing with plant-
available silicon replenishes the available silicon pool. The
Committee encourages NIFA to support research to understand the
impact of silicon fertilization on various crops and growing
conditions and to help inform farmers and ranchers about how
silicon might positively impact their soils and crops.
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.
The Committee encourages NIFA to implement a pilot process to
administer this funding through a National Program Leader, who
will work with industry stakeholders to identify a land-grant
university to serve as the principal investigator and identify
and administer multiple subawards.
Minor Crop Pest Management.--The Committee recognizes the
critical work of the IR-4 Project in securing registrations for
new plant protection products for specialty crops and new
reduced-risk pesticides to support food security research
infrastructure and consumer demand 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.
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 to combat Zika-carrying Aedes
aegypti mosquitoes. 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... 5,500
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....... 445,000
Initiative.
Veterinary Medicine Loan Repayment 7 U.S.C. 3151a...... 11,000
Veterinary Services Grant Program. 7 U.S.C. 3151b...... 4,500
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, 40,000
and Education. 5831, 5832.
Farm Business Management.......... 7 U.S.C. 5925f...... 2,000
Sun Grant Program................. 7 U.S.C. 8114....... 3,000
Alfalfa Seed and Alfalfa Forage 7 U.S.C. 5925....... 4,000
Systems Research Program.
Minor Crop Pest Management (IR-4). 7 U.S.C. 450i(e).... 15,000
Agricultural Genome to Phenome 7 U.S.C. 5924....... 2,500
Initiative.
Laying Hen and Turkey Research 7 U.S.C. 5925....... 500
Program.
Research Facilities Act........... 7 U.S.C. 390 et seq. 1,000
Special Research Grants:.......... 7 U.S.C. 450i(c)....
Potato Research............... .................... 4,000
Aquaculture Research.......... .................... 2,000
Total, Special Research .................... 6,000
Grants.
Necessary Expenses of Research and
Education Activities:
Grants Management Systems..... .................... 7,000
Federal Administration-Other .................... 10,000
Necessary Expenses.
Total, Necessary Expenses... .................... 17,000
Total, Research and .................... $1,058,000
Education Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
COMMITTEE PROVISIONS
For the Native American Institutions Endowment Fund, the
Committee provides $11,880,000.
EXTENSION ACTIVITIES
COMMITTEE PROVISIONS
For National Institute of Food and Agriculture Extension
Activities, the Committee provides an appropriation of
$556,000,000.
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 American farms and ranches. 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 with at
least one 1862 institution and at least one 1890 institution,
to foster co-creation of new opportunities and new programming
to better serve producers.
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..
Food Animal Residue Avoidance 7 U.S.C. 7642....... 2,000
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 3,000
Veterans (AgVets). of P.L. 117-328.
Smith-Lever Act, Section 3(d):.... 328. 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 .................... 4,500
Extension.
Total, Section 3(d)......... .................... 87,500
Necessary Expenses of Extension
Activities:
Agriculture in the K 12 7 U.S.C. 3152(j).... 500
Classroom.
Federal Administration--Other .................... 6,500
Necessary Expenses for
Extension Activities.
Total, Necessary Expenses... .................... 7,000
Total, Extension Activities. .................... $556,000
------------------------------------------------------------------------
INTEGRATED ACTIVITIES
COMMITTEE PROVISIONS
For National Institute of Food and Agriculture Integrated
Activities, the Committee provides an appropriation of
$40,100,000.
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....... $1,000
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.. .................... $40,100
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Marketing and
Regulatory Programs, the Committee provides an appropriation of
$1,617,000.
Animal and Plant Health Inspection Aervice
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
COMMITTEE PROVISIONS
For the Animal and Plant Health Inspection Service,
Salaries and Expenses, the Committee provides an appropriation
of $1,146,000,000.
Within the amount included for Specialty Crop Pests, the
Committee includes $72,196,000 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]
------------------------------------------------------------------------
Committee
provision
------------------------------------------------------------------------
Animal Health Technical Services........................ $42,000
Aquatic Animal Health................................... 4,500
Avian Health............................................ 65,000
Cattle Health........................................... 111,500
Equine, Cervid, and Small Ruminant Health............... 35,000
National Veterinary Stockpile........................... 6,500
Swine Health............................................ 27,500
Veterinary Biologics.................................... 21,000
Veterinary Diagnostics.................................. 63,000
Zoonotic Disease Management............................. 21,000
---------------
Subtotal, Animal Health............................. 397,000
Agricultural Quarantine Inspection (Appropriated)....... 35,500
Cotton Pests............................................ 15,500
Field Crop & Rangeland Ecosystems Pests................. 11,000
Pest Detection.......................................... 28,500
Plant Protection Methods Development.................... 21,500
Specialty Crop Pests.................................... 216,250
Tree & Wood Pests....................................... 59,000
---------------
Subtotal, Plant Health.............................. 387,250
Wildlife Damage Management.............................. 123,000
Wildlife Services Methods Development................... 25,500
---------------
Subtotal, Wildlife Services......................... 148,500
Animal & Plant Health Regulatory Enforcement............ 18,500
Biotechnology Regulatory Services....................... 19,500
---------------
Subtotal, Regulatory Services....................... 38,000
Contingency Fund........................................ 250
Emergency Preparedness & Response....................... 44,500
---------------
Subtotal, Emergency Management...................... 44,750
Agriculture Import/Export............................... 18,750
Overseas Technical & Trade Operations................... 25,500
---------------
Subtotal, Safe Trade................................ 44,250
Animal Welfare.......................................... 37,250
Horse Protection........................................ 2,500
---------------
Subtotal, Animal Welfare............................ 39,750
APHIS Information Technology Infrastructure............. 3,000
Physical/Operational Security........................... 5,000
Rent and DHS Payments................................... 38,500
Congressionally Directed Spending....................... 0
---------------
Subtotal, Agency Management......................... 46,500
===============
Total, Direct Appropriations........................ $1,146,000
------------------------------------------------------------------------
Agriculture Quarantine Inspections (AQI).--The Committee
recognizes that prevention of infestations of pests and
diseases is much more cost-effective than subsequent control or
eradication. This is an important Federal responsibility, and
the Committee provides $35,500,000 for the AQI function,
including pre-departure and interline inspections.
Animal Care Website.--The Committee encourages APHIS to
continue to provide means for the public to search for
compliance and enforcement data, as well as specific
information regarding inspection report findings. The Committee
further encourages APHIS to continue to identify additional
improvements to the search capabilities on the Public Search
Tool.
Animal Welfare Act (AWA).-- The Committee supports a
collaborative approach between APHIS and licensees involving
education, training, outreach, and timely inspections to
improve the care of animals.
The Committee directs APHIS to submit a report within 240
days of enactment of this Act on the requirements and
enforcement of standards under the AWA, the agency's efforts to
educate and advise licensees, and the capacity of the agency to
enforce the AWA. The report should also include recommendations
to improve the requirements and standards under the AWA,
education efforts of the agency with respect to such
requirements and standards, and the associated costs of any
recommended improvements.
Additionally, USDA is expected to continue to collaborate
on AWA enforcement with the Department of Justice as
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 encourages 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 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 2025 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.
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.
Border Inspectors.--The Committee recognizes the critical
role APHIS border inspectors play in protecting U.S.
agriculture and natural resources from invasive pests and
diseases, while ensuring safe and secure movement of
agricultural goods. The Committee also acknowledges that APHIS
border inspectors are funded partially through user fees. The
Committee encourages USDA to exempt border inspectors from any
federal hiring freeze.
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 the funding provided.
Cattle Health.--The Committee provides $111,500,000 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 area 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 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 recognizes the importance of
a live test for cervids potentially affected with chronic
wasting disease (CWD) and for research dedicated to the
development of such tests and on pathways of transmission. The
Committee provides $17,500,000 for APHIS for CWD, of which
$12,500,000 shall be for APHIS to further develop and implement
CWD surveillance, testing, management, and response activities.
APHIS shall provide $5,000,000 for indemnity payments, cervid
health activities, and associated costs to remove infected and
exposed animals as expeditiously as possible. The Committee
directs APHIS to continue working with States, Native American
Tribes, university collaborators, and dedicated CWD research
facilities to provide research support to the overall effort to
detect, combat, and control CWD.
In addition, the Committee maintains the 2025 funding level
for Wildlife Services Methods Development for CWD work at the
National Wildlife Research Center.
Chronic Wasting Disease (CWD) Reportable Disease.--The
Committee recognizes the ongoing efforts to combat CWD. Recent
reports suggest there is a substantial species barrier
preventing transmission of CWD from cervids to humans. The
Committee requests a report from APHIS within 90 days of
enactment on the impacts of removing CWD from the USDA National
List of Reportable Animal Diseases.
Citrus Health Response Program (CHRP).--CHRP is a national
effort to protect the U.S. citrus industry from 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 Committee provides $15,500,000 for the
joint Cotton Pests Program and 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 outlined in AVMA
guidelines.
Eastern Spruce Budworm.--The Committee is aware that the
Eastern Spruce Budworm has a long history of causing severe
defoliation and tree mortality in forests throughout the
northeast. The current outbreak has caused over 20 million
acres of defoliation and continues to spread. The Committee
encourages APHIS to partner with the U.S. Forest Service for
the monitoring and management of the pest.
Education and Outreach on Avian Influenza.--The Committee
remains 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
2025 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).
Within these funds, APHIS is encouraged to purchase no fewer
than 11 million EID tags.
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 FEMA 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 fiscal
year 2025 levels to support hazard preparedness and response
for zoos and aquariums, and implementation of emergency
contingency plans for all facilities regulated under the AWA.
European Green Crab.--The Committee encourages APHIS to
assist shellfish growers who have been impacted by the spread
of European Green Crab.
Feral Swine.--The Committee provides an increase of
$500,000 for feral swine eradication efforts and 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 $750,000 for exotic fruit fly detection,
response, and prevention. The Committee requests a report, in
consultation with the Department of Defense (DoD), 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 2025 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.
Hawaii Inspections.--The Committee directs APHIS to provide
a report within one year of enactment of this Act outlining
recommendations to enhance existing protocols to better protect
Hawaii from invasive species. The report should include an
evaluation of the feasibility of USDA working with the State to
improve biosecurity to prevent the establishment of invasive
species and to mitigate damage from existing invasive species.
APHIS is encouraged to evaluate the risk of persons, baggage,
cargo, and other items entering Hawaii to introduce invasive
species of concern.
Highly Pathogenic Avian Influenza (HPAI).--The Committee is
supportive of USDA and industry efforts to develop an 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 if
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 U.S. 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 may 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 an HPAI vaccine may address concerns from the
scientific community about transmission, future variants, and
mortality rates. 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 to engage with other
relevant agencies to evaluate the potential for use of vaccines
for dairy cattle. USDA should also describe strategies to
mitigate the 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 that
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
inspections have resulted in the importation of animals that
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 2025 levels
for APHIS to strengthen its oversight of imported dogs,
including stronger interagency coordination to better protect
animal and public health.
In- and Out-Bound Market Access Report.--The Committee
requests that APHIS continue submitting the report on U.S. out-
bound and foreign in-bound agricultural market access. The
report should provide data for the last three years, including
the date access was granted and the in-bound and out-bound
volumes shipped by country and commodity.
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.
Mexican Wolves.--The Committee is concerned about the APHIS
evidence standards from August 2023 for determining livestock
depredations by Mexican wolves in Arizona and New Mexico. The
updated standards make it significantly more difficult for
livestock producers to be fairly reimbursed for livestock
killed by the experimental population of Mexican wolves that
were released into these areas by the Federal government. The
Committee notes that evidence of subcutaneous hemorrhaging is
often difficult to determine, especially in instances in which
the wolves have almost entirely consumed the animal's carcass.
The Committee urges APHIS to replace the August 2023 evidence
standards with standards that take into consideration but do
not predominantly rely on evidence of subcutaneous
hemorrhaging.
Mormon Crickets.--The Committee provides an increase of
$1,000,000 for the suppression and control of Mormon crickets
and grasshoppers on private and public lands, including in
States that require treatments later in the season. 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.
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
and provide a critical contribution to animal and human health.
Therefore, the Committee continues to provide funding for NAHLN
through both APHIS and NIFA at no less than $18,500,000. 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 Detector Dog Training Center.--The Committee
supports the work of the National Detector Dog Training Center
in protecting the domestic agriculture sector from invasive
pests and diseases. The Committee directs USDA to provide a
report within one year of enactment of this Act on the cost and
feasibility of establishing an additional canine detection
training facility on the West Coast.
National Honeybee Disease Survey Report.--The Committee
continues funding for the National Honeybee Survey. 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.
New World Screwworm (NWS).--The Committee is concerned by
the rapidly spreading NWS infestation in Mexico and Central
America, which threatens to infect the domestic livestock
industry. The Committee recognizes that NWS poses a serious
threat to human health, as well as the health of every
mammalian livestock species. The Committee further recognizes
that past efforts to eradicate this parasite in the U.S. were
costly, and if an infestation were to occur within the U.S.
borders today, the burden on taxpayers and private industry to
eradicate it would be significant. The Committee notes that
this Act reaffirms USDA's authority to transfer emergency funds
under the Animal Health Protection Act (AHPA) for the arrest
and eradication of contagious or infectious disease or pests.
The Committee directs APHIS to prioritize the establishment of
a sterile fly facility in the U.S. to provide the means
necessary to prevent and control NWS, including by considering
the authorities of the AHPA if necessary.
New World Screwworm Preparedness.--The Committee recognizes
that proactive measures, including continued research and
development on control methods, are critical to responding to
and preventing a NWS outbreak. The Committee further notes that
the Foreign Animal Disease Preparedness & Response Plan for the
New World Screwworm from APHIS was last updated in 2018 and
acknowledges the necessity to update these documents in light
of the current NWS infestation in Mexico and Central America.
Within 120 days of enactment of this Act, the Committee directs
APHIS, alongside the FDA as necessary, and with relevant
stakeholders, to update the current state of U.S. preparedness
and response capabilities and identify critical research and
development needs to enhance NWS prevention, control and
eradication such as new diagnostic tools, improved sterile
insect techniques, and potential drug treatments, to combat the
NWS. APHIS shall make all issued guidance documents in relation
to NWS outbreak prevention and eradication publicly available.
Nitrogen Depopulation Methods.--The Committee encourages
USDA to invest in research and development of whole house
gassing with nitrogen and high expansion nitrogen gas-filled
foam as methods of large-scale poultry depopulation,
particularly during animal disease emergency response events.
Further, the Committee requests a report within 180 days of
enactment of this Act on the current utilization of nitrogen-
based depopulation methods within the animal agriculture
industry and barriers to widespread use of these methods during
animal disease emergency response events.
Pale Cyst Nematode Eradication.--The Committee includes
funding to maintain resources for the pale cyst nematode
eradication program at the fiscal year 2025 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. 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 U.S. 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.
Personal Protective Equipment (PPE).--The Committee remains
concerned about the impact of HPAI as it continues to spread,
with persistent impacts on the agricultural sector and ongoing
risks of mutations that could result in airborne-transmissible
strains. The Committee urges USDA to prioritize reusable
elastomeric respirators in the National Veterinary Stockpile
(NVS) to support efforts to curtail disease outbreaks and
protect poultry and dairy workers in the event the outbreak
worsens. These respirators provide enhanced protection compared
to disposable masks. Access to reusable respirators during a
crisis prevents shortages, and they are more cost-effective to
stockpile due to their reusability and their longer shelf
lives. USDA is encouraged to supplement their stocks of crisis
PPE in the NVS with U.S. manufactured reusable respirators.
Furthermore, the Committee emphasizes the critical need to
protect agricultural workers, especially veterinarians, who are
at increased risk of exposure to HPAI, as recent studies have
shown evidence of asymptomatic infections among veterinary
professionals.
Scrapie Eradication Program.--The Committee maintains
funding at the 2025 level for the National Scrapie Eradication
Program.
Southern Pine Bark Beetle.--The worsening outbreak of the
Southern Pine Bark Beetle has substantially impacted pine
ecology and timber production across the U.S. The Committee
encourages APHIS to partner with the U.S. Forest Service to
support efforts to combat this pest.
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 provides an increase of $1,000,000 to
continue advancing the work of the Swine Health Improvement
Program.
Trespass Horses.--The Committee directs APHIS to coordinate
the establishment of a working group to address trespass horses
on Federal, State, and private lands in southwest Louisiana.
The working group should be compromised of all relevant
Federal, State, and local entities to collaborate and identify
the best relocation and mitigation practices concerning
trespass horses. The Committee directs the working group to
provide a report within 180 days of enactment of this Act
detailing plans to address trespass horses for public safety
and the welfare of the trespass horses.
West Nile Virus.--The Committee is concerned about 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 2025 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 maintains fiscal year 2025 levels for
improved predator management methods and tools in cooperation
with partner agencies serving these areas.
Wildlife Services Alternatives.--The Committee encourages
APHIS to consider minimizing or eliminating activities
associated with pest or predator control when non-governmental
alternatives that can provide similar levels of services are
available.
Wildlife Services Cost Share.--The Committee is concerned
about the increasing inequitable Federal amount of cost share
in cooperative service agreements between APHIS-Wildlife
Services and/or political subdivisions of States responsible
for Wildlife Service programs that protect agriculture,
property, human life, and natural resources. The Committee
expects Wildlife Services to strive for an equitable 50/50 cost
share to the extent that funding is available to do so.
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 2025 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 U.S. 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 of this Act
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 2025 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.
BUILDINGS AND FACILITIES
COMMITTEE PROVISIONS
For Animal and Plant Health Inspection Service, Buildings
and Facilities, the Committee provides an appropriation of
$1,000,000.
Agricultural Marketing Service
MARKETING SERVICES
COMMITTEE PROVISIONS
For Marketing Services of the Agricultural Marketing
Service (AMS), the Committee provides an appropriation of
$190,250,000.
Cotton Classing.--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
apprised of 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.
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
previous efforts to expand the scope of its regulations to
implement the Packers and Stockyards Act of 1921. The Committee
holds that the Department has previously misinterpreted
Congressional intent and mistaken its jurisdiction throughout
the recent 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 that 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-Caught Catfish Purchases.--The Committee appreciates
AMS establishing a wild-caught catfish specification and
continuing to work with wild-caught catfish processors to
become approved providers. The Committee expects AMS to make
purchases of wild-caught catfish, including from approved
processors in the Chesapeake Bay area, in equal quantity to
farm-raised catfish.
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
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)
COMMITTEE PROVISIONS
For the Marketing Agreements and Orders Program, the
Committee provides a transfer from Section 32 funds of
$23,880,000.
The following table reflects the status of this fund:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD--FISCAL
YEARS 2025-2026
[Dollars in thousands]
------------------------------------------------------------------------
Committee
provision
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts)............... $25,208,991
Less Transfers:
Food and Nutrition Service............................ -23,040,457
Commerce Department................................... -413,534
-----------------
Total, Transfers.................................. -23,453,991
Budget Authority, Farm Bill........................... 1,755,000
Appropriations Permanently Reduce--Sequestration...... -87,951
-----------------
Budget Authority, Appropriations Act.................. 1,667,049
Appropriation (previously unavailable in FY2025)...... 49,244
Less Obligations:
Child Nutrition Programs (Entitlement Commodities).... 485,000
State Option Contract................................. 5,000
Removal of Defective Commodities...................... 2,500
Disaster Relief....................................... 5,000
Additional Fruits, Vegetables, and Nuts Purchases..... 206,000
Fresh Fruit and Vegetable Program..................... 212,000
Estimated Future Needs................................ 735,942
-----------------
Total, Commodity Procurement...................... 1,651,442
Administrative Funds:
Commodity Purchase Support............................ 40,971
Marketing Agreements and Orders....................... 23,880
-----------------
Total, Administrative Funds....................... 64,851
-----------------
Total Obligations................................. 1,716,293
------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
COMMITTEE PROVISIONS
For Payments to States and Possessions, the Committee
provides an appropriation of $1,000,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
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
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food Safety, the
Committee provides an appropriation of $1,117,000.
Food Safety and Inspection Service
COMMITTEE PROVISIONS
For the Food Safety and Inspection Service (FSIS), the
Committee provides an appropriation of $1,216,009,000. 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 2026:
FOOD SAFETY AND INSPECTION SERVICE
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal Inspection.................................... $1,077,390
Public Health Data Communication Infrastructure System 35,272
International Food Safety and Inspection.............. 20,885
State Food Safety and Inspection...................... 82,462
-----------------
Total, Food Safety and Inspection Service......... $1,216,009
------------------------------------------------------------------------
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 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.
Salmonella.--The Committee recognizes the importance of
science-based regulations and urges USDA to ensure that any new
salmonella performance standard in poultry products be based on
sound scientific principles and risk assessment.
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.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Farm Production
and Conservation (FPAC), the Committee provides an
appropriation of $1,527,000.
Agricultural Foreign Investment Disclosure Act (AFIDA).--
USDA is responsible for monitoring foreign purchases of
agricultural land under 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.
Cover Crop Incentives.--The Committee recognizes that cover
crops show promise of potentially reducing indemnities for crop
insurance in certain circumstances. The Committee encourages
USDA to conduct a study regarding crop insurance premium
benefits for cover crops using available cover crop data from
RMA and FSA, information collected as part of the Pandemic
Cover Crop Programs, and data from state-level programs. The
Committee requests that USDA provide the study no later than
180 days after enactment of this Act.
Crawfish Disaster Assistance.--The Committee recognizes the
importance of ensuring that disaster assistance programs are
accessible for all sectors of 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.
Migration Corridors.--The Committee recognizes that working
farms and ranches can provide important migratory habitat for
big game species and commends NRCS and FSA on their innovative
application of Grassland Conservation Reserve Program and
Environmental Quality Incentives Program (EQIP) in tandem.
Leveraging the unique payments, cost-share, and technical
assistance that these programs provide against one another--as
is being done through the USDA Migratory Big Game Initiative in
Wyoming--provides expanded support and management flexibility
for producers stewarding wildlife habitat while keeping lands
in production. NRCS and FSA are encouraged to cooperate in
expanding this innovative model to other states.
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 U.S. southern
border for property damages related to trespassing and
expeditiously implement a process for property damage
reimbursements.
Service Center.--The Committee urges USDA to consider
reestablishing a USDA Service Center in Weld County, Colorado
to ensure resources are accessible for farmers and ranchers.
Farm Production and Conservation Business Center
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
COMMITTEE PROVISIONS
For the Farm Production and Conservation Business Center,
the Committee provides an appropriation of $210,000,000. This
amount includes an increase of $1,000,000 for design of a new
data system to comply with AFIDA, as specified by Sec. 773 of
the Consolidated Appropriations Act, 2023.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
COMMITTEE PROVISIONS
For Salaries and Expenses of the Farm Service Agency (FSA),
the Committee provides an appropriation of $1,100,000,000 and
transfers of $305,803,000 for a total program level of
$1,405,803,000.
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
FSA Appropriation..................................... $1,100,000
Transfer From Program Accounts........................ 305,803
-----------------
Total, Farm Service Agency S&E.................... $1,405,803
------------------------------------------------------------------------
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.
Mexican Wolves Depredations.--The Committee supports
compensating livestock producers for animals killed by the
experimental population of Mexican wolves released by the
Federal government in Arizona and New Mexico. The Committee
directs USDA to revise the Livestock Indemnity Program and
Emergency Assistance for Livestock, Honeybees and Farm-Raised
Fish Program to provide compensation to producers for both
confirmed and probable wolf attacks on livestock.
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
COMMITTEE PROVISIONS
For State Mediation Grants, the Committee provides an
appropriation of $6,500,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
COMMITTEE PROVISIONS
For the Grassroots Source Water Protection Program, the
Committee provides an appropriation of $8,000,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
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).
PFAS chemicals.--The Committee is aware that some dairy
farms are unable to sell their milk because 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)
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
provision
------------------------------------------------------------------------
Farm Loan Programs:
Farm Ownership:
Direct............................................ $1,966,970
Unsubsidized Guaranteed........................... 3,500,000
Farm Operating:
Direct............................................ 1,100,000
Unsubsidized Guaranteed........................... 2,118,491
Emergency Loans....................................... 37,000
Indian Tribe Land Acquisition Loans................... 20,000
Conservation Loans:
Direct............................................ 300,000
Unsubsidized Guaranteed........................... - - -
Boll Weevil Eradication............................... 5,000
Relending Program..................................... 7,705
-----------------
Total......................................... 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
provision
------------------------------------------------------------------------
Farm Loan Subsidies:
Farm Ownership:
Direct............................................ 24,981
Emergency Loans....................................... 2,572
Relending Program..................................... 2,661
Boll Weevil Eradication............................... 18
-----------------
Total......................................... 30,232
ACIF Expenses:
FSA Salaries and Expenses............................. 305,803
Program Administrative Expenses................... 20,250
-----------------
Subtotal, Administrative Expenses............... 326,053
-----------------
Total, ACIF Expenses.......................... 356,285
------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
COMMITTEE PROVISIONS
For the Risk Management Agency (RMA), the Committee
provides an appropriation of $60,000,000.
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 2024, alfalfa acreage has declined 30
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 remains interested in USDA's
efforts to streamline opportunities for farmers to insure
primary and secondary crops with revenue streams resulting from
biofuel use, with particular reference to carinata, pennycress,
camelina, and other oilseeds. The Committee expects USDA to
provide a briefing within 120 days of enactment of this Act on
the Department's progress on this effort.
Quality Losses.--The Committee urges RMA to evaluate and
consider additional products that will permit producers to
better protect themselves from losses directly and indirectly
attributed to quality losses.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
COMMITTEE PROVISIONS
For Natural Resources Conservation Service (NRCS)
Conservation Operations, the Committee provides an
appropriation of $850,000,000.
The Committee provides $14,000,000 for the Snow Survey and
Water Forecasting Program; $10,000,000 for the Plant Materials
Centers; $86,000,000 for the Soil Surveys Program; and
$701,375,000 for Conservation Technical Assistance (CTA), which
includes $1,000,000 for Phragmite control.
Agricultural Open Burning Alternatives.--The Committee
recognizes the importance of EQIP, which provides Federal
funding and technical assistance to farmers throughout the
Nation. The Committee urges USDA to prioritize EQIP awards to
projects that enable the purchase of equipment to process
agricultural woody waste generated from orchard and vineyard
removals as an alternative to open burning.
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.
Code 590.--The Committee recognizes the importance of
updating the Conservation Practice Standard for Nutrient
Management (Code 590), which is essential for advancing
sustainable agriculture by improving nutrient management
efficiency and reducing environmental impacts across diverse
farming systems. Scenario #27 under Practice Standard 441
effectively outlines the requirements for applying manure
through dripline systems and has led to the creation of the
``SDI, Manure'' cost-share programs in California, Oregon, and
Washington under EQIP. However, Scenario #27 does not directly
apply to other regional agricultural systems, and the
Irrigation History Requirement, which mandates that farmers
demonstrate an irrigation history for 2 out of the past 5 years
to qualify for EQIP funding for irrigation systems, is a
significant barrier to entry and inadvertently incentivizes
dryland farmers to temporarily adopt inefficient irrigation
practices to become eligible for modernization funds. The
Committee directs USDA to expand the applicability of SDI
systems for manure and nutrient management beyond existing
geographic and operational confines and to qualify SDI systems
under Code 590.
Conservation Innovation Grants.--The Committee recognizes
the importance of NRCS's Conservation Innovation Grant program
(CIG) and its positive impact on rural communities to enhance
the development of new tools, approaches, and technologies for
resource conservation on private lands. The Committee
encourages NRCS to expand CIG grant opportunities to strengthen
rural agriculture communities and improve agricultural
operations.
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 of this Act.
Conservation Technical Assistance.--The Secretary, shall,
through the Chief of NRCS, prioritize the development of CTA
agreements with qualified partners who can help deliver
conservation funding to durable on-farm projects that maximize
water quantity and water quality benefits in a cost-effective
manner, while also helping to address regional resource
concerns. Such partners shall support NRCS by using advanced
technology to identify priority projects and streamline
processes, secure leveraged funding, and more cost-effectively
and rapidly complete technical assistance steps so that more
EQIP, CSP, and RCPP financial assistance funds are delivered to
producers. NRCS shall provide a report within 90 days of
enactment of this Act on the results of these CTA agreements.
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.
Drought-Prone Western States.--The Committee supports
programs and policies which support production and crop yield
in strong agriculture communities impacted by drought issues,
especially those in Western States which are particularly prone
to drought and wildfires. The Committee encourages NRCS, in
conjunction with State agricultural agencies and local water
conservation districts, to promote and provide assistance to
farmers in drought-prone areas in Western States, including
opportunities for water infrastructure updates and access to
innovative water-saving technologies.
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.
Invasive Pest Mitigation.--The Committee encourages NRCS to
include financial and technical support for orchard removal
through EQIP in cases where invasive pests threaten the
sustainability of production. The Committee also encourages
NRCS to collaborate with State agricultural agencies, research
institutions, and industry stakeholders to develop best
practices for orchard removal as a pest management strategy and
to ensure replanting practices that enhance long-term orchard
health and productivity.
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 EQIP, 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.
Mississippi River Basin Healthy Watersheds Initiative
(MRBI).--The Committee affirms the importance of the MRBI as a
cooperative program working with farmers, landowners, and
producers in watersheds which drain into the Gulf of America
and supports its continued funding. The MRBI is a key component
of the Gulf of America Hypoxia Action Plan, utilizing Farm Bill
conservation programs that allow land to remain in production
as nutrient runoff is reduced, improving water quality in the
Mississippi and Ohio River Basins as well as downstream in the
Gulf.
NRCS Snow Survey and Water Forecasting Modernization.--The
Committee is concerned that NRCS' Snow Telemetry (SNOTEL)
network has not been modernized to take advantage of sensor
technology innovation, such as airborne radar and lidar and
modern data analysis tools, limiting its utility to water
managers and forecasters. The Committee directs NRCS to partner
with a public research university that has an existing
partnership with NRCS to modernize the SNOTEL network by
combining ground observations with airborne snow surveys,
satellite measurements, and modeling to produce spatial maps of
snow properties.
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 ongoing 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.
Sentinel Landscapes.--The Committee affirms the importance
of the Sentinel Landscapes Partnership in strengthening
military readiness and supporting the long-term viability of
agriculture and working lands near defense installations. By
coordinating across DoD, USDA, and the Department of the
Interior, the partnership helps prevent encroachment and other
incompatible development that can limit military training and
testing activities while enabling private landowners to
maintain productive farming, ranching, and forestry operations.
Soil Carbon Research and Monitoring.--The Committee directs
NRCS, in collaboration with experts, to conduct a systematic
review of existing USDA and Federal soil carbon monitoring
methodologies in order to develop a standardized soil carbon
monitoring methodology that is reflective of current best
practices and ensures the scientific rigor necessary to
accurately measure and monitor soil carbon stocks and
fluctuations over time and across regions, soil types, and
various production systems. The Committee encourages USDA to
utilize the standardized methodology developed from this review
to ensure that the Soil Carbon Monitoring Network is grounded
in shared data measurements and standards to enable large-scale
data analysis and insights. Improved measurements and best
practices should be incorporated into NRCS technical assistance
to producers to the maximum extent practicable.
Virtual Fencing Technologies.--The Committee supports
further investments regarding the positive impacts and benefits
of virtual fencing compared to traditional fencing on grazing
lands. The Committee directs NRCS to compile available data and
submit a report within 90 days of enactment of this Act on the
positive impacts of precision agriculture grazing technologies,
including virtual fencing, to improve soil health, grazing
outcomes, and profitability.
Voluntary Public Access and Habitat Incentive Program (VPA-
HIP).--The Committee recognizes the important role of VPA-HIP
in creating and enhancing fish and wildlife habitat and
addressing a major barrier to hunting and fishing
participation: lack of access to quality places to hunt and
fish, including lakes, streams, wetlands, grasslands, forests,
and agricultural land. This locally led, voluntary framework to
incentivize willing private landowners to allow access for
recreation stimulates rural economies by increasing hunting and
fishing participation and enhances outdoor recreational
opportunities nationwide. The Committee encourages NRCS to
expedite the distribution of any funds allocated to this
program and to support program continuity by issuing five-year
grant awards.
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 MRBI.
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
COMMITTEE PROVISIONS
For the Watershed and Flood Prevention Operations (WFPO),
the Committee provides an appropriation of $35,000,000.
The Committee notes that WFPO 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 WFPO 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 Infrastructure.--The Committee recognizes the
importance of water infrastructure to agricultural economies,
Tribal water rights, municipal water supplies, and
environmental sustainability. The Committee encourages NRCS to
provide dedicated funding for water infrastructure systems such
as drop structures to ensure water availability for rural
agricultural communities and Tribal nations.
WATERSHED REHABILITATION PROGRAM
COMMITTEE PROVISIONS
For the Watershed Rehabilitation Program, the Committee
provides an appropriation of $7,000,000.
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
COMMITTEE PROVISIONS
For the Federal Crop Insurance Corporation Fund, the
Committee provides an appropriation of such sums as may be
necessary.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
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.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
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
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Rural Development
(RD), the Committee provides an appropriation of $1,620,000.
Coastal Infrastructure.--The Committee recognizes that
severe weather, coastal erosion, and tsunami risk pose
significant threats to coastal Tribes' essential
infrastructure. The Committee encourages RD 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 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 USDA 9003 Program 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 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 RD 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, and the amount
spent on taxes, mortgage, and insurance for uninhabited
properties in foreclosure or REO.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
------------------------------------------------------------------------
Committee
provision
------------------------------------------------------------------------
Appropriations........................................ $305,000
Transfers from:
Rural Housing Insurance Fund Program Account...... 412,254
Rural Development Loan Fund Program Account....... 4,468
Rural Electrification and Telecommunications Loan 33,270
Program Account..................................
-----------------
Total, RD Salaries and Expenses............... $754,992
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For Rural Development, Salaries and Expenses, the Committee
provides an appropriation of $305,000,000. The Committee does
not include funding for the Rural Partners Network.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
COMMITTEE PROVISIONS
For the Rural Housing Insurance Fund program account, the
Committee provides a loan level of $26,406,000,000. 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 nonprofit
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
provision
------------------------------------------------------------------------
Rural Housing Insurance Fund Loans:
Direct........................................... $880,000
Native American Re-Lending Demonstration Program. 6,000
Unsubsidized Guaranteed.......................... 25,000,000
Housing Repair (sec. 504)........................ 25,000
Rental Housing (sec. 515)........................ 60,000
Multi-family Guaranteed (sec. 538)............... 400,000
Site Development Loans........................... 5,000
Credit Sales of Acquired Property................ 10,000
Self-help Housing Land Development Fund.......... 5,000
Farm Labor Housing............................... 15,000
------------------
Total, Loan Authorization...................... $26,406,000
------------------------------------------------------------------------
The following table reflects the costs of loan programs
under credit reform:
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in thousands]
------------------------------------------------------------------------
Committee
provision
------------------------------------------------------------------------
Single Family Housing (sec. 502):
Direct........................................... $84,480
Native American Re-Lending Demonstration Program. 2,963
Housing Repair (sec. 504)........................ 4,333
Rental Housing (sec. 515)........................ 18,156
Multifamily Housing Revitalization............... 30,000
Farm Labor Housing............................... 4,761
Site Development (sec. 524)...................... 491
Self-Help Land (sec. 523)........................ 862
------------------
Total, Loan Subsidies.......................... 146,046
Farm Labor Housing Grants........................ 7,500
RHIF Expenses:
Administrative Expenses........................ $412,254
------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
COMMITTEE PROVISIONS
For the Rental Assistance Program, the Committee provides
an appropriation of $1,715,000,000.
RURAL HOUSING VOUCHER ACCOUNT
COMMITTEE PROVISIONS
For the Rural Housing Voucher Account, the Committee
provides an appropriation of $48,000,000.
MUTUAL AND SELF-HELP HOUSING GRANTS
COMMITTEE PROVISIONS
For the Mutual and Self-Help Housing program, the Committee
provides an appropriation of $20,000,000.
RURAL HOUSING ASSISTANCE GRANTS
COMMITTEE PROVISIONS
For the Rural Housing Assistance Grants program, the
Committee provides an appropriation of $20,000,000.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
COMMITTEE PROVISIONS
For the Rural Community Facilities Program Account, the
Committee provides an appropriation of $481,323,000.
Workforce Housing.--The Committee understands the need for
dormitories for firefighters, first responders, and rural
healthcare facilities to temporarily house employees. 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:
[Dollars in thousands]
------------------------------------------------------------------------
Committee provision
------------------------------------------------------------------------
Community Facility Grants........... 467,323
Rural Community Development 6,000
Initiative.........................
Tribal College Grants............... 8,000
-----------------------------------
Total, Rural Community $481,323
Facilities Program Subsidy and
Grants.........................
------------------------------------------------------------------------
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
COMMITTEE PROVISIONS
For the Rural Business Program Account, the Committee
provides an appropriation of $57,200,000. 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 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 that
the Fiscal Responsibility Act provided certain flexibilities
designed to speed up the loan delivery process. The Committee
urges USDA 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
Guarantee 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.
Catfish Processing Grants.--The Committee directs USDA to
expedite the implementation of the grants to processors of
invasive, wild-caught catfish as established in Section 755 of
P.L. 118-42, as well as Section 753 of this Act. The Committee
directs the Secretary to prioritize facilities in the
Chesapeake Bay area to help mitigate the ecological damage
being done by invasive blue catfish.
State Technology Councils.--The Committee is concerned
about the lack of private sector-driven rural economic
development in many regions. The Committee appreciates the
value of State technology councils in promoting business
development in rural areas, including diversifying into the
bio-sciences and technology industry.
The following table provides the Committee's
recommendations:
[Dollars in thousands]
------------------------------------------------------------------------
Committee
provision
------------------------------------------------------------------------
Loan Levels:
Business and Industry Guaranteed Loans........... ($2,000,000)
Subsidy and Grants:
Business and Industry Guaranteed Loans........... 35,200
Rural Business Development Grants................ 18,000
Delta Regional Authority/Appalachian Regional 4,000
Commission/Northern Border Regional Commission..
------------------
Total, Rural Business Program Subsidy and $57,200
Grants........................................
------------------------------------------------------------------------
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
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
COMMITTEE PROVISIONS
For the Rural Economic Development Loans Program Account,
the Committee provides for a loan level of $50,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS
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
COMMITTEE PROVISIONS
For the Rural Microentrepreneur Assistance Program (RMAP),
the Committee provides an appropriation of $3,269,000.
RMAP provides loans and grants to nonprofit 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
COMMITTEE PROVISIONS
For the Rural Energy for America Program, the Committee
provides a loan authorization level of $50,000,000 to make
loans as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107) to farmers,
ranchers, and rural small businesses to assist with purchasing
renewable energy systems and making energy efficiency
improvements.
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.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
COMMITTEE PROVISIONS
For the Rural Water and Waste Disposal Program Account, the
Committee provides an appropriation of $346,040,000.
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:
[Dollars in thousands]
------------------------------------------------------------------------
Committee
provision
------------------------------------------------------------------------
Loan Levels:
Water and Waste Direct Loans.......................... ($860,000)
Water and Waste Guaranteed Loans...................... (50,000)
Subsidy and Grants:
Direct Subsidy........................................ 40,936
Water and Waste Revolving Fund........................ 1,000
Rural Decentralized Water System Grants............... 4,000
Grants for the Colonias and AK/HI..................... 20,000
Water and Waste Technical Assistance Grants........... 35,000
Circuit Rider Program................................. 23,000
Solid Waste Management Grants......................... 4,000
Water and Waste Disposal Grants....................... 209,104
306A(i)(2) Grants..................................... 9,000
Total, Subsidies and Grants....................... 346,040
------------------------------------------------------------------------
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 U.S. 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)
COMMITTEE PROVISIONS
For the Rural Electrification and Telecommunications Loans
Program Account, the Committee provides a loan level of
$7,980,000,000. 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]
------------------------------------------------------------------------
Committee
Loan Authorizations provision
------------------------------------------------------------------------
Electric:
Direct, FFB........................................... $2,167,000
Direct, Treasury...................................... 4,333,000
Guaranteed Underwriting............................... 910,000
Rural Energy Savings Program.......................... 20,000
-----------------
Subtotal.......................................... 7,430,000
Telecommunications:
Direct, Treasury Rate................................. 225,000
Direct, FFB........................................... 225,000
-----------------
Total, Loan Authorizations........................ $7,980,000
------------------------------------------------------------------------
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in thousands]
------------------------------------------------------------------------
Committee
Rural Electrification and Telecommunication Loans Provision
------------------------------------------------------------------------
Rural Energy Savings Program.......................... $5,040
Telecommunications Direct, Treasury................... 5,720
Administrative Expenses............................... 33,270
-----------------
Total, Rural Electrification and 44,030
Telecommunications...............................
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
[Dollars in thousands]
------------------------------------------------------------------------
Committee
provision
------------------------------------------------------------------------
Broadband Program:
Community Connect Grants.............................. 15,000
Broadband ReConnect Loans and Grants.................. 90,750
Distance Learning and Telemedicine:
Grants................................................ 30,157
-----------------
Total, Loan Subsidy and Grants.................... $135,907
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Distance Learning, Telemedicine, and Broadband
Program, the Committee provides an appropriation of
$135,907,000.
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 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 has not yet commenced.
To avoid waste, funding should be given only to applicants
that can and will follow through with their commitments, by
prioritizing 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 USDA to consider
ReConnect awardees that are a publicly traded company and
subject to the audit standards of the Public Company Accounting
Oversight Board, 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.
ReConnect.--The Committee provides an additional
$90,000,000 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 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 FCC'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 2026,
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
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food, Nutrition,
and Consumer Services, the Committee provides an appropriation
of $1,127,000.
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.
Local Food Purchases.--The Committee recognizes the
importance of strengthening local and regional food systems to
enhance food security, support producers, and stimulate rural
economies. The Committee directs USDA to work in coordination
with State agencies, Territories, Tribes, and Child Nutrition
Program institutions, and emergency food providers, including
food banks and pantries, to facilitate the use of federal
nutrition and food assistance funds--including funds under
Child Nutrition Programs--for the direct purchase of food from
local and regional producers. The Committee also directs FNS
and AMS to work with DoD when engaged with a program to review
current practices to identify opportunities that increase local
food purchases through the Fresh Fruit and Vegetable Program,
USDA Foods, and DOD Fresh. The Committee encourages USDA to
provide technical assistance and streamline administrative
requirements to ensure that institutions and providers can
easily identify and procure from local producers. The Committee
further directs USDA to report within 180 days of enactment of
this Act on barriers to local procurement and recommendations
to enhance access to locally grown foods across all nutrition
assistance programs, including The Emergency Food Assistance
Program (TEFAP), the Food Distribution Program on Indian
Reservations (FDPIR), and the Commodity Supplemental Food
Program (CSFP).
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)
COMMITTEE PROVISIONS
For Child Nutrition Programs, the Committee provides an
appropriation of $35,784,402,000.
Farm to School.--The Committee recognizes the importance of
training the next generation of farmers and agricultural
professionals and encourages FNS to prioritize hands-on
opportunities under the Farm to School Program to promote
agricultural education and career pathways for younger
generations. The Committee encourages FNS to provide a report
on the outcomes of Farm to School grants over the past five
years.
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.
Non-Congregate Meals.--The Committee supports providing
daily school meals to students whether they attend school in-
person or virtually. The Committee is concerned that access to
such meals is not available to all income-eligible students and
encourages FNS to explore innovative solutions to reach all
income-eligible students, specifically those that utilize
virtual learning options.
Pulse Crops.--The Committee encourages FNS to evaluate the
acceptability and availability of pulse crops in the National
School Lunch Program.
Seafood in the National School Lunch Program.--USDA is
directed to submit to the Committee, within 120 days of
enactment of this Act, the plan to address factors limiting
seafood consumption in schools developed in response to the GAO
report ``National School Lunch Program: USDA Could Enhance
Assistance to States and Schools in Providing Seafood to
Students'' [GAO-23-105179].
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
nonprofit 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.
The Committee provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program.................................. $17,183,209
School breakfast program.............................. 6,675,168
Child and adult care food program..................... 4,484,213
Summer food service program........................... 888,956
Summer EBT Benefits................................... 4,046,066
Special milk program.................................. 4,655
State administrative expenses......................... 793,152
Commodity procurement................................. 1,543,385
Mandatory Other Program Costs......................... 150,598
School meals equipment grants......................... 10,000
Farm to School grants................................. 5,000
Total............................................. $35,784,402
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
COMMITTEE PROVISIONS
For the Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC), the Committee provides an
appropriation of $7,697,000,000.
The Committee recognizes that birth rates remain at an all-
time low according to the CDC and that the Secretary has a WIC
contingency reserve fund as a safety net to meet unexpected
demand and sufficient carryover balances. 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 2026 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 within 120 days of enactment of this Act
detailing any conditions considered or requirements imposed by
WIC agencies 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 breastfeeding promotion and support activities.
Milk Allowance in the WIC Food Package.--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.
Yogurt Fortification.--The Committee recognizes that the
final rule entitled ``WIC: Revisions in the WIC Food Packages''
is requiring vitamin D fortification of yogurt to address
shortfalls. The Committee understands that a majority of
yogurts in the marketplace do not contain vitamin D
fortification and that manufacturers require additional time to
reformulate and relabel products to meet such requirements. No
later than 180 days after the date of enactment of this Act,
the Secretary shall extend the compliance date in the final
rule requiring vitamin D fortification of yogurts for an
additional 36 months.
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
COMMITTEE PROVISIONS
For the Supplemental Nutrition Assistance Program (SNAP),
the Committee provides $118,141,341,000. The total amount
includes $3,000,000,000 for a contingency reserve to be used
only in the event and in the amount necessary.
This amount fully funds SNAP benefits, Nutrition Assistance
for Puerto Rico (NAP), American Samoa, Commonwealth of the
Northern Mariana Islands, FDPIR, the cost share for State
administrative expenses, the Nutrition Education and Obesity
Prevention Grant Program, Employment and Training, and TEFAP
Commodities. The Committee is aware that Congress is
considering changes to SNAP and will include any program
changes that become law.
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.--The Committee applauds FNS for
requiring states to share SNAP benefit records with the Federal
government. These actions are in response to Executive Order
14243, which requires the Secretary to ``take all necessary
steps, to the maximum extent consistent with the law, to ensure
the federal government has unfettered access to comprehensive
data from all state programs that receive federal funding,
including, as appropriate, data generated by those programs but
maintained in third-party databases.'' SNAP is federally funded
but administered by State agencies through partnerships with
FNS and payment processors. Prior to these actions, FNS has not
had access to how program dollars are being spent. The
Committee notes that FNS has paused the data transfer pending
implementation of ``requisite procedural safeguards.'' The
Committee directs FNS safeguard the use of personally
identifiable information (PII).
FDPIR Warehouse Report.--The Committee was very
disappointed when USDA failed to ensure Tribal communities had
food to provide to their most vulnerable citizens last year.
The decision to have one warehouse supply the entire FDPIR
program, as well as the CSFP program, must be carefully
examined to prevent this situation from occurring again. The
Committee directs USDA to provide a briefing within 60 days of
enactment of this Act detailing how USDA has addressed the
missteps to ensure vulnerable populations do not go without
necessary food again.
Nutrition Standards.--The Secretary is directed to
establish a working group of nutrition experts to determine a
national standard for nutritious foods and beverages that
should be purchased with SNAP benefits. These nutrition
standards can guide States and USDA in implementing SNAP
waivers and policies. Within one year of the date of enactment
of this Act, the Secretary is directed to make these nutrition
standards public.
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.
Further, the Committee directs FNS to take immediate action and
safeguard SNAP from fraudulent activity by adopting industry-
standard, real-time analytics capable of detecting and
preventing fraudulent transactions before they are completed.
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.
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.
COMMODITY ASSISTANCE PROGRAM
COMMITTEE PROVISIONS
The Committee provides an appropriation of $516,070,000 for
the Commodity Assistance Program. This includes $425,000,000
for the Commodity Supplemental Food Program, $10,000,000 for
the Farmers' Market Nutrition Program, $80,000,000 for
administrative funding for TEFAP, and $1,070,000 for the Food
Donations Programs for Pacific Island Assistance.
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 to keep the Committee apprised of efforts to
increase the number of kosher and halal certified products
available.
Program Vouchers.--While the Committee supports efforts to
modernize and streamline program administration of the Senior
Farmers' Market Nutrition Program, there is concern about the
unintended consequences for both seniors and farmers who are
facing significant barriers in adapting to the new digital
system. The Committee notes that many farmers, particularly
smaller or rural vendors, lack the infrastructure or resources
to support digital transactions and that many seniors in rural
communities lack access to the necessary technology, such as
reliable internet, to effectively use digital coupons.
Therefore, the Committee directs USDA to work with State and
local administrators to address the needs of all program
participants and to ensure that no senior or farmer is excluded
from the program due to the limitations of digital technology.
The Committee further directs USDA to provide a report within
90 days of enactment of this Act on vendor participation and
benefit redemption rates.
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.
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
COMMITTEE PROVISIONS
For Nutrition Programs Administration, the Committee
provides an appropriation of $135,348,000.
Nutrition Education and Guidelines.--As the diabetes
epidemic increases, it is crucial that USDA consistently
examine the role that nutrition plays in the prevention and
management of diabetes and prediabetes. FNS shall examine how
nutrition guidelines and education for individuals living with
diabetes, prediabetes, and other chronic conditions could help
decrease the prevalence of chronic diet-related disease and
improve health, reducing overall healthcare spending. The
Committee directs FNS to submit a report within 180 days of
enactment of this Act detailing the results of this examination
and recommendations for implementation.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Trade and Foreign
Agricultural Affairs, the Committee provides an appropriation
of $932,000.
The Committee appreciates the Administration's efforts to
root out fraud, waste, abuse, and duplication within U.S.
foreign assistance programs. As the Administration continues to
consider restructuring and realigning aid programs, the
Committee notes that the Food for Peace program and the
McGovern-Dole Food for Education Grants program are an
important pillar of the domestic farm economy and bolster
American farmers through the purchase of excess commodities.
Moreover, both programs have a proven track record of success
in supporting domestic farmers and the U.S. shipping industry
while providing much needed food assistance abroad and
contributing to our national security. The Committee expects
the Administration to promptly allocate the funding provided in
this Act to uphold the goals of these important programs.
OFFICE OF CODEX ALIMENTARIUS
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)
COMMITTEE PROVISIONS
For the Foreign Agricultural Service (FAS), the Committee
provides an appropriation of $227,330,000 and a transfer of
$6,063,000 for a total of $233,393,000.
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 the FAS workforce.
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.
FOOD FOR PEACE TITLE II GRANTS
COMMITTEE PROVISIONS
For Food for Peace Title II grants, the Committee provides
an appropriation of $900,000,000.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
COMMITTEE PROVISIONS
For McGovern-Dole International Food for Education and
Child Nutrition Program Grants, the Committee provides an
appropriation of $220,306,000.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
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)
For the Food and Drug Administration, the Committee
provides $3,200,000,000 in discretionary budget authority and
$3,482,889,000 in definite user fees for a total of
$6,682,889,000. The Committee recommendation does not include
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 U.S. and, as appropriate, perform in-
person inspections to verify that products exported to the U.S.
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.
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.
Advanced Manufacturing Standards Development.--The
Committee commends FDA for its focus on advanced manufacturing
technologies which include new or innovatively applied medical
product manufacturing technologies that can help improve drug
quality, address shortages of medicines, and speed time-to-
market for safe and effective therapies. The Committee
recognizes the opportunity for the agency to partner with
qualified external experts to efficiently advance the
development of technical guides, educational tools, and
industry standards in furtherance of accelerating the adoption
of advanced manufacturing technologies and working through
technical challenges that are hindering wider adoption of these
innovations. The Committee recognizes that facilitating greater
adoption of advanced manufacturing technologies is an important
strategic objective for our nation and will benefit American
patients by strengthening domestic pharmaceutical
manufacturing. The Committee encourages the Commissioner to
develop a plan to coordinate efforts with qualified external
experts in the development of industry standards and other
tools and resources to overcome technical challenges to wider
adoption and implementation of advanced manufacturing
technologies. The Committee requests an update on this plan no
later than 90 days after enactment of this Act.
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 appreciates 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
welcomes any additional updates on 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 Human Foods Program 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 recognizes the importance
of patient-focused drug development for Angelman syndrome, a
rare and devastating monogenic neurodevelopmental disorder.
Patient and family preferences and broader patient experience
data should have an impact on drug development. For this
population, seemingly small gains in self-care are critical for
patients and their caregivers in building toward independence.
Without treatments individuals are completely dependent on a
caregiver to perform the fundamental activities of daily living
such as dressing, eating, grooming, and navigating their
environment. The Committee encourages FDA to utilize patient
experience data to inform regulatory decision-making, as well
as the further development of Angelman syndrome clinical
endpoints and biomarkers. FDA should ensure clinically
meaningful improvements that matter to patients and families
are recognized in regulatory decision-making.
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 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 #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.
Bacterial Endotoxins Testing.--The Committee recognizes
that use of recombinant Bacterial Endotoxins Testing (rBET)
methods as alternatives to tests using horseshoe crab blood
could provide scientific, economic, supply chain,
environmental, and animal protection benefits in the safety
testing of vaccines, injectable therapies, and medical devices.
The Committee recognizes that the United States Pharmacopeia
chapter 86, which includes rBET methods for endotoxins testing
for products, has been finalized. The Committee directs the FDA
to update its 2012 Guidance for Industry on Pyrogen and
Endotoxins Testing by publishing revised draft guidance within
one year of enactment of this Act to include acceptance of
appropriate rBET methods for endotoxins testing for new and
existing products. The FDA will provide staff training on rBET
methods.
Biosimilars.--The Committee urges the FDA to consider a
single, shared system Risk Evaluation and Mitigation Strategy
(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 healthcare 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.
Biosimilars Interchangeability Update Draft Guidance.--The
Committee directs the FDA to finalize the recommendations in
the Biosimilars Interchangeability Update Draft Guidance, which
proposed to eliminate switching studies as a default
requirement for interchangeable biosimilar approval, given the
evidence demonstrating equivalent safety profiles between
reference products and biosimilars, as well as the absence of
significant adverse effects in switching studies. The Committee
notes that streamlining the approval process for biosimilar
interchangeability designations will increase patient access to
medications and bolster innovation by reducing development
costs and encourage manufacturer investment in biosimilar
production.
Blood Donor Procedures.--The Committee continues to
recognize the need for scientifically sound, evidence-based
policy relative to FDA blood donor recommendations. The
Committee is aware of the Agency's work on blood donor
procedures and encourages the FDA to continue monitoring the
safety of the nation's blood supply and update the Committee on
any changes as the revised donor deferral recommendations
guidance is implemented.
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.
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 Commissioner 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 of this Act, the Commissioner 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.
Boxed Warnings in Drug Product Labeling.--The Committee
continues to be concerned about the class-wide warning labels
for antipsychotic medications, last updated in 2008, and that
this labeling may be impeding patient access to appropriate
care and treatment. The Committee appreciates FDA's
responsiveness in holding a December 2024 public workshop on
Mortality and Antipsychotic Use in Dementia-related Behavioral
Disorders as directed in H. Rpt. 118-124. The Committee urges
FDA to prioritize and expedite its review of data to
characterize risk of mortality associated with use of
antipsychotic medications in older adults with mental health
conditions associated with dementia to determine if revisions
to the boxed warning are needed. The Committee requests FDA
provide an update on these analyses and its assessment of
whether revisions to the class-wide warning labels for
antipsychotic medications are needed no later than 180 days
after enactment of this Act.
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 ensure
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 and Gene Therapy Modernization.--The Committee
commends the FDA's prioritization of cell and gene therapies,
particularly noting the progress in maximizing approval
pathways and considering the totality of the scientific
evidence. The agency should continue modernizing its approach
by incorporating innovative clinical trial designs that better
reflect the range of patient populations who could benefit from
these therapies. FDA is encouraged to establish modern pathways
that embrace novel endpoints for safety and efficacy
assessment, ensuring appropriate evaluation of benefits and
risks, ultimately better ensuring that the tools FDA applies
are fit for purpose. Given the transformative potential of
these therapies, the Committee encourages enhanced alignment
between FDA centers and the patient community regarding risk
tolerance. The FDA should consider that for conditions where
cell and gene therapies offer significant clinical outcomes,
including type 1 diabetes, a broader risk-benefit assessment
may be warranted beyond viewing these as rescue therapies. The
Committee also recommends utilizing accelerated development
pathways for therapies demonstrating significant clinical
evidence and/or in instances of significant patient unmet need,
such as when no other therapeutic alternative exists. To
advance these efforts, FDA reviewers should actively
collaborate with expert researchers and stakeholders to stay
current with field developments. While maintaining the critical
balance between patient safety and treatment access, the
Committee emphasizes the need for clear communication and
proactive engagement with sponsors to address regulatory
concerns efficiently, ensuring that clinical holds are applied
judiciously and with transparent rationale.
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.
Chronic Obstructive Pulmonary Disease (COPD).--COPD
continues to be among the leading causes of death, chronic
illness, and disease economic burden in the U.S. Over 15
million Americans have been diagnosed with COPD, and it is
estimated that a similar number are undiagnosed and not
receiving appropriate treatment. The Committee is aware of
efforts to support development of COPD treatments for earlier
stages of the disease aiming to slow progression and reduce the
burden of disease on individuals and society. To support these
efforts, patient-centered, novel clinical outcome measures are
needed to advance these potential therapies. The Committee
encourages FDA to continue to collaborate with the COPD
Foundation and other stakeholders in this important area.
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 within 180 days of
enactment of this Act on steps it can take to overcome
barriers.
Clinical Trial Guidance.--The Committee welcomes the draft
guidance under docket FDA-2023-D-1987. The Committee directs
FDA to issue final guidance no later than 270 days after
enactment of this Act.
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 provided 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.
Counterfeit Medicines.--The Committee is concerned about
the production of counterfeit and untested GLP-1 and GIP/GLP-1
medications, posing a serious risk to public health and patient
safety. The Committee encourages the FDA to exercise its
existing authority to combat the illegal distribution of
counterfeit and inappropriately labeled or manufactured GIP/
GLP-1 medications to ensure patients' safety. The Committee
directs the FDA to provide to the Committee a briefing, no
later than 60 days after enactment of this act followed by a
report within 120 days, outlining the FDA's plan to stop the
entrance of counterfeit GIP/GLP-1 medications in the supply
chain to avoid harm to patient safety.
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 Remanufacturing Safety and Awareness.--The Committee
is aware of the FDA's work on medical device remanufacturing
and servicing requirements, including the May 2024 final
guidance, and directs the agency to provide a report detailing
the agency's efforts to implement the guidance. The report
should outline outreach efforts that the FDA has undertaken to
inform independent servicers (who aren't FDA-regulated and may
not monitor Federal Register notices) about their
responsibilities, including industry group communications and
trade publication education. The report should also cover FDA's
surveillance of servicers and remanufacturers to ensure proper
documentation of remanufacturing determinations (this shall
include a summary of conducted inspections and enforcement
actions taken). Additionally, the report should include data on
whether the guidance has increased establishment registrations
or 510(k) submissions by remanufacturers and explain how FDA is
addressing concerns that the guidance might be misinterpreted
to permit unsupervised device modifications by third parties,
emphasizing independent servicers' understanding of their
regulatory obligations. The Committee expects the report to be
completed within 90 days of enactment of this Act with all
relevant information posted on FDA's public website.
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 U.S., especially following the 2022 infant formula shortage
crisis. The Committee supports the FDA's efforts to ensure the
ongoing quality, safety, nutritional adequacy, and resilience
of the domestic infant formula supply as part of Operation
Stork Speed. As part of these efforts, the Committee encourages
FDA to develop and publicly publish a plan of operation for
ensuring a safe supply of infant formula, including plans to
ensure the continuation of inspections of infant formula
manufacturing facilities on a safe and timely basis during
public health emergencies and/or natural disasters. The
Committee further encourages the FDA to streamline approval
processes for small domestic manufacturers to increase and
diversify the domestic supply of infant formula, including
providing guidance for formulas such as plant-based non-soy,
non-dairy solutions that may be needed by some infants. The
Committee is also monitoring the availability and quality of
specialty formulas and fortifiers administered to pre-term or
low birth-weight infants, often the sole source of nutrition
for many of these infants, and directs the agency to focus on
the fragility and safety of this market and keep the Committee
apprised of any changes to the availability of these formulas
and to report back to the Committee on agency authorities and
potential actions to ensure stability of the market for this
most vulnerable population. The Committee encourages the
agency's review to include, but not be limited to, current FDA
authorities to offer limited (both in time and scope)
protections for manufacturers of these preterm formulas,
current regulatory pathways for these preterm infant formula
products, whether the FDA believes other regulatory or
preemptive authority may be needed, and the timeline in which
such authorities may be needed.
Donor Human Milk.--The Committee directs FDA to clarify
their regulatory responsibilities of donor milk facilities and
donor milk no later than 90 days after the enactment of this
Act.
Duchenne and Becker Muscular Dystrophy.--There are
currently eight approved therapies for Duchenne, five of which
aim to address the underlying cause of Duchenne, the lack of
dystrophin, including via gene therapy. In addition,
individuals with Duchenne are routinely prescribed a variety of
therapies for symptom management--including three approvals for
Duchenne-specific symptoms. However, none of these treatments
are transformational, and a significant unmet need remains for
therapies that substantially alter the disease trajectory. The
Committee recognizes the important work of patient, provider,
and research organizations to better understand the effects of
treatments used in sequence and encourages the FDA to convene a
public meeting on the topic to inform agency actions.
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 Federal 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 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 Chemical Safety Reviews.--The Committee supports FDA's
ongoing efforts on the pre-market review process for new food
and color additives petitions and GRAS substances, conducting
new safety assessments of food chemicals currently on the
market, as well as the development and implementation of an
enhanced framework for post-market safety assessments of
chemicals in food, including in support of the Closer to Zero
initiative to reduce heavy metals in foods intended for
children. The Committee additionally recognizes that more
research is required to better understand the health impacts of
ultra-processed foods in the nation's food supply and how to
best define ultra-processed foods. The Committee encourages
FDA, in coordination with CDC and NIH, to conduct additional
research on ultra-processed foods.
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.
Food Traceability Rule.--The Committee directs FDA, before
implementing or enforcing the compliance requirements of the
``Requirements for Additional Traceability Records for Certain
Foods'' published on November 21, 2022 (87 Fed. Reg. 70910), or
any other rule promulgated by section 204 of the FDA Food
Safety Modernization Act (21 U.S.C. 2223), to conduct at least
4 pilot projects, using numerous products on the Food
Traceability List, with the regulated entities, including
farms, restaurants, retail food establishments, and warehouses
distributing to retail food establishments and restaurants to:
(1) measure the effectiveness of foodborne illness outbreak
investigations conducted without requiring tracing to a single
lot code; and (2) identify and evaluate the feasibility and
effectiveness of low-cost food tracing technologies.
Furthermore, the Committee expects FDA to provide a report
following the completion of the pilot projects.
Foreign Medical Device Inspections.--The Committee is
concerned about medical device recalls from foreign facilities
and directs FDA to strengthen its foreign inspection pilot
programs to include medical device inspections. The FDA should
identify what, if anything, is needed to increase unannounced
inspections of overseas drug and device manufacturers, with
emphasis on facilities in China and India where quality issues
are most prevalent. The FDA should enhance inspector language
capabilities, technological resources, and staffing levels
across both programs. The Committee expects FDA to report
within 180 days of enactment of this Act on concrete steps
taken to integrate and improve these inspection programs,
including unified metrics on inspection frequency, violation
rates, and progress in eliminating the backlog of uninspected
facilities. The report shall detail specific measures that are
available if efforts to conceal violations during inspections
are discovered and ensure imported drugs and devices
consistently meet U.S. safety standards.
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.
Highly Sensitized Kidney Transplant Patients.--The
Committee recognizes that highly sensitized patients, who
comprise 10-30 percent of the kidney transplant waiting list,
face severe challenges in finding compatible donor organs.
These patients experience significantly higher rejection rates
compared to non-sensitized patients, and many remain on
dialysis for extended periods. The Committee notes that current
desensitization protocols, while promising, still face
challenges with antibody rebound and high rejection rates. The
Committee directs the FDA to submit a report within 180 days of
enactment of this Act detailing strategies to facilitate the
development and approval of desensitization therapies, ensure
the safety of medications used in desensitization protocols,
and improve long-term outcomes for highly sensitized patients.
Homeopathy.--The Committee appreciates that 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. FDA's 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 U.S. 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 U.S. 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 with an analysis of how issues that led to CRLs for
medicines over the past five years could have been resolved
within the first review cycle.
Hypoxic Ischemic Encephalopathy (HIE).--The Committee
recognizes the lack of any pharmaceutical treatment for infants
born with HIE, a rare brain injury due to insufficient cerebral
oxygen and blood flow. While HIE injuries tragically take the
lives of many newborns, of the surviving babies, approximately
25 percent will endure significant and lifelong neurological
disability. HIE is a leading cause of physical and cognitive
deficits, including recurrent seizures and cerebral palsy. Due
to the severity of the condition, long-term impact on the
patients, and high cost to healthcare, the Committee encourages
the FDA to consider endpoints for clinical trials that may
predict improvements in neurodevelopmental outcomes and
expedite therapeutic development for HIE.
Illegal Imports of Unapproved New Drugs.--The Committee
expresses deep concern over the health risks posed by illegal
importation of unapproved and misbranded drugs, particularly
through third-party brokers facilitating access via employer-
sponsored health plans. These unapproved drugs lack FDA
oversight, potentially containing incorrect dosages, unknown
ingredients, or contaminants, which can lead to serious health
consequences, especially for vulnerable populations with
conditions like HIV, cancer, or hepatitis. The substitution of
FDA-approved medications with unapproved versions can cause
patient confusion, medication errors, and negatively impact
treatment outcomes, as healthcare providers may unknowingly
base decisions on patients' responses to these unregulated
drugs. Furthermore, sourcing from uninspected and unregulated
supply chains increases the risk of receiving adulterated or
improperly stored medications. Given these significant dangers,
the Committee directs the FDA to provide a comprehensive report
within 180 days of enactment of this Act addressing this issue,
including safety risks, verification challenges, enforcement
actions, and recommendations for strengthening oversight. This
action is critical to protect U.S. consumers from the potential
harm of unapproved and misbranded drugs circumventing
regulatory safeguards.
Illicit Nicotine Products.--The Committee remains deeply
concerned with the enormous surge of flavored disposable e-
cigarettes and nicotine pouch products being illegally imported
into the U.S. (primarily from China) that are openly evading
FDA's regulatory requirements. The Committee believes these
illegal imports constitute an unusual and extraordinary threat
to the public health of the U.S. The Committee directs FDA to
prioritize the use of resources to ensure these illegal
products are expeditiously removed from the market and that
those illegally importing and distributing such products are
subject to significant compliance and enforcement actions.
Further, the Committee directs the FDA to increase its
coordination with the Department of Justice and the Department
of Homeland Security to address the ongoing importation and
distribution of illegally imported flavored disposable e-
cigarettes and nicotine pouch products.
Improving Coordination in Safeguarding America's Food
Supply.--The Committee strongly supports efforts to provide
Americans with healthier food choices but is concerned by the
lack of coordination and transparency between USDA, FDA, and
CDC in safeguarding our nation's food supply, particularly
during foodborne illness outbreak investigations. The Committee
directs the USDA Secretary, FDA Commissioner, and CDC Director
to provide recommendations on ways to improve interagency
collaboration in order to efficiently deploy inspectional
resources, conduct coordinated outbreak investigations, and
provide unified messages to the American public. These
recommendations should also include ways to work with industry
to improve food safety. The Committee requests a report from
USDA, FDA, and CDC on these recommendations within 90 days of
enactment of this Act to ensure that U.S. consumers have access
to safe, healthy and affordable foods.
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 FDA plays in determining the safety of food
and color additives in the nation's food and beverage supply
and encourages 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.
Kratom Safety.--The Committee is encouraged by the results
of the Single Ascending Dose (SAD) safety study on kratom that
found no serious adverse effects among participants. The
Committee urges the FDA to reconsider its import alerts
concerning kratom products based on the findings of the SAD
study. Furthermore, the Committee urges the FDA to enforce
current quality and wholesomeness standards for imported kratom
raw materials based on presence of contaminants that pose a
specific threat to the public safety, and to impose these
enforcement standards on vendors importing violative raw
materials until they demonstrate they can comply with those
standards.
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.
Listeria.--The Committee emphasizes reducing incidence of
foodborne illness as an important public health goal and
believes that coordinated and targeted resources are required
to appropriately assess and combat the public health risks of
foodborne pathogens. The Committee is aware that FDA is in the
process of finalizing industry guidance regarding Listeria
monocytogenes (Lm) in foods under their jurisdiction. The
Committee directs FDA to apply a risk-based approach and direct
its regulatory efforts toward high risk ready-to eat foods,
those that support the growth of Lm. Additionally, the
Committee expects FDA to incorporate current scientific
knowledge regarding the public health impact of foods that do
not support growth of Lm. Recently published scientific
research from food safety and public health experts recommends
a regulatory action level of Lm for these low-risk foods. This
regulatory approach will encourage industry to adopt
quantitative Lm testing schemes and facilitate robust
environmental monitoring programs, ultimately resulting in
reductions in disease incidence. The Committee directs FDA to
work with industry stakeholders to gather supporting
information and data to assist with implementation of this Lm
approach. Policies reflecting these regulatory approaches align
with other international regulatory standards and restore a
level playing field for U.S. food processors in the global
marketplace.
Lupus.--The Committee is aware of barriers that have long
affected the development of therapeutics for lupus, a disease
that primarily affects women. The Committee is pleased that FDA
has partnered with researchers, industry, patients, and other
stakeholders to launch the Lupus Accelerating Breakthroughs
Consortium (ABC), a public-private partnership to accelerate
development of new therapies. The Committee encourages FDA to
continue this engagement and provide updates on its efforts to
accelerate development of safer and more effective treatments
for people with lupus.
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.
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.
Medication Review.--The Committee is aware of new data
regarding the safety and efficacy of mifepristone. The
Committee supports the FDA conducting an internal review in
light of new findings and data and directs the FDA to provide a
briefing to the Committee within 30 days upon the completion of
any internal reviews undertaken at the agency. This briefing
shall include an overview of the review process, findings, and
any subsequent regulatory actions or guidance considerations
the agency may pursue.
Microplastic Testing.--The Committee directs FDA to develop
a validated methodology for detecting and analyzing
microplastics in human foods. A standardized national testing
protocol will ensure accurate, reproducible results across
laboratories and provide the scientific foundation needed for
future regulatory action. This investment will enhance food
safety, reduce regulatory uncertainty, and support evidence-
based decision-making to protect public health.
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 strongly supports
FDA initiatives to reduce and replace animal testing and
advance new alternative methods (NAMs) and appreciates the
Science Board to the FDA's report on Potential Approaches to
Drive Future Integration of NAMs for Regulatory Decision-
Making. The Committee acknowledges that NAMs, including in
vitro tests and computational models, may represent cost-
effective, reliable, and human-relevant advances to support
safety and efficacy testing of pharmaceuticals. To encourage
the use of NAMs by industry, the FDA is directed to revise its
regulations to make clear, where applicable, that animal
toxicology tests are not required to support clinical testing
in humans. The FDA must provide a written report to the
Committee describing progress toward implementing Science Board
recommendations and revising regulations within one year of
enactment of this Act. The agency should limit funding to carry
out new animal testing to situations in which comparisons
between an animal method and alternative methods are
scientifically necessary and use existing animal data and
alternative methods that will reduce animal use in research
when human data is not available.
Olive Oil Standards of Identity.--The Committee is aware
that the U.S. continues to be an important producer of olive
oils and one of the largest olive oil markets globally. The
Committee recognizes that the establishment of a uniform set of
standards would better inform and protect consumers. The
Committee is aware that a petition was submitted to FDA in July
2022 to establish a Standard of Identity for different grades
of olive oil. The Committee supports this effort and urges the
FDA to work with USDA on the issue of grade standards and to
expeditiously evaluate and act on the petition to establish a
U.S. Standard of Identity. The Committee requests a briefing on
these efforts within 120 days of enactment of this Act.
Opioid Abuse.--The Committee continues to be pleased that,
with the Opioids Action Plan, Opioid Policy Steering Committee,
and several significant regulatory actions, FDA is doing its
part to help stem the tide of abuse. The use of opioids as
first-line therapies for any form of pain has led to over-
prescribing, and the CDC has made clear that clinicians should
consider opioid therapy only if expected benefits for both pain
and function are anticipated to outweigh the risks to the
patient. The Committee hopes that FDA will continue to support
the development of alternative and non-addictive alternatives
to opioid analgesics and, when opioids are medically necessary,
will continue to incentivize development and use of abuse-
deterrent formulations. The Committee notes that every
patient's treatment regimen should be tailored by his or her
doctor to his or her unique needs. The Federal government,
therefore, should promote the full suite of available treatment
options, including abstinence-based models and non-opioid
medications. Finally, the Committee continues to be supportive
of naloxone distribution among trained, licensed healthcare
professionals and emergency responders.
Opioid Analgesic Risk Evaluation and Mitigation Strategy.--
The Committee recognizes the critical importance of preventing
drug misuse, promoting public health, and addressing the opioid
crisis. The Committee directs the FDA to study and evaluate
data to develop appropriate specifications for in-home disposal
systems that may be required under the Opioid Analgesic Risk
Evaluation and Mitigation Strategy (OA REMS). Any determination
that the OA REMS should be modified to include additional in-
home disposal system requirements will be communicated promptly
to the manufacturers of those opioid analgesic products.
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 suggests that 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.--The Committee continues to
support the Orphan Products Grants Program at FDA and
recognizes the continued advancements in the number of
therapies in development for rare disease patients.
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 FDA's
Human Foods Program to provide funding for critical outreach
and training services at not less than the fiscal year 2025
level.
Ovarian Health.--The Committee recognizes that ovarian
health impacts a woman's whole health throughout her lifetime,
affecting health of her heart, immune system, and metabolic
function, among other systems. When ovarian function declines
or ceases due to menopause, various medical conditions, or
following surgery, women are at increased risk 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, yet 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
enactment 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.
Patient Prescribing Information.--The FDA is encouraged to
finalize the proposed rule for Patient Medication Information
(PMI) with an option for pharmacies to deliver PMI
electronically to enhance patient choice, education, and
medication adherence for prescription drugs. This standardized
information will provide patients with clear, concise, and
accessible information about their medications, including drug
names, important safety information, common side effects, and
directions for use. The availability of PMI in electronic
format may offer users features like adjustable text size and
language options to improve comprehension for a diverse patient
population. Importantly, patients will always have the choice
of paper information, ensuring all patients have access to
their preferred format of medication information.
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.
Pediatric Therapies for IBD.--The Committee is concerned
about limited FDA-approved therapies to treat children impacted
by Pediatric IBD--also known as Crohn's disease and ulcerative
colitis--and the myriad challenges associated with recruiting
children into clinical trials, especially ``washout'' periods
or time during which patients must abstain from therapy to
participate in trials. The Committee is aware of FDA efforts to
address these challenges more broadly, including a recently
issued final guidance on the use of pediatric extrapolation in
drug development as well as 2024 draft guidance to industry
focused on developing drugs to treat pediatric IBD. The
Committee notes an increased reliance on extrapolation and
other approaches to support the approval of similar therapies
to treat other pediatric autoimmune conditions, such as
juvenile arthritis. The Committee directs FDA to build upon
these guidance documents and to work with patient, researcher,
and therapy development stakeholders to update the draft
guidance document on pediatric IBD based on emerging data and
stakeholder feedback and incorporating the potential use of
other data sources, including real-world evidence, in clinical
trials for pediatric IBD.
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 that 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.
Pet Food Regulation.--The bill includes a provision that
provides for the modernization of the pet food and animal feed
regulatory framework. The current system has been in place
since the early 1900s and no longer keeps pace with pet food
and animal feed marketplace improvements. This provision does
not preclude, prohibit, or limit in any way the ability for
States to continue to collect licensing, registration, and
inspection fees necessary for the administration of State
commercial feed laws for which the purposes of such fees range
from bolstering general funds, spay and neuter activities, and
research.
Pharmacy Compounding Advisory Committee (PCAC).--The
Committee recognizes that the PCAC established under the Drug
Quality and Security Act provides recommendations to FDA on
scientific, technical, and medical issues concerning drug
compounding under sections 503A and 503B of the Federal Food,
Drug, and Cosmetic Act. It is therefore vital that voting
members of PCAC have a thorough understanding of compounding to
appropriately advise FDA. The Committee encourages FDA to
appoint qualified voting members with actual and diverse
experience in the preparation, prescribing, and use of
compounded medications.
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 continue to evaluate public comment and input from
interested parties as part of the draft guidance for industry
issued in January 2025 and keep the Committee informed of any
updates.
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 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, CDC, NIH, and others. The
Forum should also include representatives of healthcare
professionals who serve pregnant and lactating women, 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 many timely filed tobacco 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 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 of
this Act.
Quantifiable Limits Task Force.--The Committee recognizes
the growing consumer demand for American made hemp-derived
products following the expanded legalization of hemp under the
Agriculture Improvement Act of 2018. As the industry continues
to expand to meet consumer demand, the Committee acknowledges
the need for clear, science-based guidance to ensure product
safety, consumer confidence, and regulatory clarity. To support
this effort, the Committee directs the FDA to establish a task
force comprised of industry stakeholders, including scientists,
manufacturers, public health experts, academic researchers, and
other relevant parties in the industrial hemp community. The
task force should provide input on determining the level of
quantifiable amounts of tetrahydrocannabinol or other
cannabinoids in hemp-derived cannabinoid products, as required
by this Act. Further, the task force should provide
recommendations to create a minimum consumer safety floor for
hemp-derived cannabinoid products such as uniform packaging,
labeling, testing, and adverse event reporting. In providing
these recommendations, the task force should consider actions
taken by individual states to address consumer safety concerns
like quantifiable limits and age restrictions. The Committee
directs the FDA to provide an update within 180 days of
enactment of this Act on the formation and progress of the task
force, with final recommendations to be submitted within one
year. In determining the quantifiable amounts, the Committee
does not intend for industrial or non-intoxicating hemp-derived
cannabinoid products with trace or insignificant amounts of THC
to be affected.
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 CDER
and 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.
Rare Mitochondrial Diseases.--The Committee is concerned
about the potential loss of access to Elamipretide for patients
with rare mitochondrial diseases for whom the drug has
demonstrated efficacy and life-sustaining benefits through the
Expanded Access Program. The Committee is aware of the FDA's
rejection of the New Drug Application for Elamipretide under a
standard review timeline and subsequent proposal for an
accelerated approval pathway for Elamipretide. The Committee
requests FDA provide a report detailing a transparent overview
of its review process for Elamipretide no later than 60 days
after enactment of this Act.
Real Cost Campaign.--From funds authorized for the Center
for Tobacco Products (CTP) in this bill, the Committee directs
the FDA to allocate no less funding than FY24 funding levels to
maintain the Real Cost Campaign's national scope and public
health impact consistent with evidence-based health
communication campaign best practices.
Regional Medical Research Institutes.--Consistent with
Congressional intent that clinical trials include data
representing diversified populations, the Committee encourages
the CBER 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
that 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 U.S. The Committee urges FDA to
more quickly identify unauthorized products that already exist
and new products that enter the market and to pursue all
legally authorized remedies to remove unauthorized products
from the market. The Committee encourages FDA 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 within 180 days of enactment
of this Act detailing how the funds provided for this work in
fiscal year 2025 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.
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 CDER in this work. The
Committee further acknowledges the agency's October 2024 public
meeting on advancing smoking cessation innovation, which
underscored the importance of bringing forward new
pharmacotherapies for smokers seeking to quit and the key
opportunity for CDER to be more modern and efficient in its
work in this area. 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.
Sodium.--The Committee recognizes the importance of
reducing sodium in the food supply and 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
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.
State and Local Inspection Programs.--The Committee
supports 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. The Committee provides
$117,000,000 for Field Operations Programs for state and local
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.
The Committee directs the FDA to provide a briefing within 90
days of enactment of this Act on its efforts surrounding
sunscreen testing standards and new ingredients and
technologies.
Toxic Elements Viability.--The Committee commends FDA's
ongoing efforts to reduce levels of toxic elements such as
lead, arsenic, mercury, and cadmium in infant and toddler
foods. The Committee expects the agency to continue partnering
with other Federal agencies, academia, and other stakeholders
to better understand the variability of toxic element levels in
different foods, including point of origin concerns and the
associated health effects. As such, the Committee urges FDA to
collaborate with USDA and relevant stakeholders to support
grower-led solutions to further reduce toxic element levels at
the source.
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 especially
concerned with lead contamination in certain applesauce and
ground cinnamon products imported into the U.S. 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.
Youth E-Cigarette Use.--The Committee remains deeply
concerned about data from the National Youth Tobacco Survey
showing more than 1.6 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.
BUILDINGS AND FACILITIES
COMMITTEE PROVISIONS
For Food and Drug Administration, Buildings and Facilities,
the Committee provides an appropriation of $1,000,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(INCLUDING TRANSFERS OF FUNDS)
COMMITTEE PROVISIONS
For the Commodity Futures Trading Commission, the Committee
provides an appropriation of $335,000,000.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
COMMITTEE PROVISIONS
For the limitation on the expenses of the Farm Credit
Administration (FCA), the Committee provides $106,500,000.
Public/Private Partnerships.--The Committee recognizes the
value of public/private partnerships in financing rural
communities and facilities and recognizes that the Farm Credit
Act of 1971, as amended, provides authority for Farm Credit
System institutions to make investments in vital rural
community facilities. The Committee recognizes that the FCA's
current approach to approving these types of Farm Credit System
investments on an individual basis does not meet the needs of
rural communities. The FCA is encouraged to change its current
process to create a clear, programmatic approval process which
enables timely, comprehensive, and cost-effective rural
community facilities financing packages by allowing and
expediting Farm Credit System institutions' partnerships with
community banks, other financial institutions, and USDA.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The bill includes language regarding
passenger motor vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loan funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding fund
availability in the Agriculture Management Assistance program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses.
Section 710.--The bill includes language prohibiting first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without graphics.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language regarding spend
plans.
Section 722.--The bill includes language regarding a
rescission of funds.
Section 723.--The bill includes language regarding Rural
Development programs.
Section 724.--The bill includes language regarding USDA
loan program levels.
Section 725.--The bill includes language regarding credit
card refunds and rebates.
Section 726.--The bill includes language regarding 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 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 a
rescission of funds.
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 poultry products and seafood from the People's Republic
of China in 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 a pilot
program.
Section 754.--The bill includes language regarding
processing grants.
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 facility
upgrades.
Section 759.--The bill includes language regarding hemp
regulations.
Section 760.--The bill includes language Animal and Plant
Health Inspection Service pay.
Section 761.--The bill includes language related to the
Federal Meat Inspection Act.
Section 762.--The bill includes language regarding the
Dietary Guidelines.
Section 763.--The bill includes language regarding
genetically engineered salmon.
Section 764.--The bill includes language regarding land
purchases.
Section 765.--The bill includes language regarding the
Office of the General Counsel.
Section 766.--The bill includes language regarding food
traceability.
Section 767.--The bill includes language regarding an FDA
office plan.
Section 768.--The bill includes language regarding
Livestock Mandatory Reporting.
Section 769.--The bill includes language regarding
allergenic foods.
Section 770.--The bill includes language regarding the PAWS
Act.
Section 771.--The bill includes language regarding an ARS
facility.
Section 772.--The bill includes language regarding an FDA
regulation.
Section 773.--The bill includes language regarding tobacco
regulation.
Section 774.--The bill includes language regarding
censorship.
Section 775.--The bill includes language regarding Buy
America requirements.
Section 776.--The bill includes language regarding
nutritious foods.
Section 777.--The bill includes language regarding flags.
Section 778.--The bill includes language regarding a
rescission of funds.
Section 779.--The bill includes language regarding a
rescission of funds.
Section 780.--The bill includes language regarding
marriage.
Section 781.--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:
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.
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)..................... $100,000,000
USDA NRCS (unobligated balances).................... 100,000,000
USDA WCF............................................ 78,000,000
IRS Enforcement Funds (unobligated balances)........ 100,000,000
------------------------------------------------------------------------
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):
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 2026, 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 2026, 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.
* * * * * * *
----------
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, [2025] 2026.
* * * * * * *
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) Inclusion.--Such term includes industrial
hemp.
(C) 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
based on substance, form,
manufacture, or article (as
determined by the Secretary of
Health and Human Services in
consultation with the Secretary
of Agriculture) 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 of Health and
Human Services in
consultation with the
Secretary Agriculture).
(2) Industrial hemp.--The term ``industrial hemp''
means hemp--
(A) grown for the use of the stalk of the
plant, fiber produced from such a stalk, or any
other non-cannabinoid derivative, mixture,
prep-aration, or manufacture of such a stalk;
(B) grown for the use of the whole grain,
oil, cake, nut, hull, or any other non-
cannabinoid compound, derivative, mixture,
preparation, or manufacture of the seeds of
such plant;
(C) grown for purposes of producing
microgreens or other edible hemp leaf products
intended for human consumption that are derived
from an immature hemp plant that is grown from
seeds that do not exceed the threshold for
total tetrahydrocannabinol con-centration
specified in paragraph (1)(C)(i);
(D) that is a plant that does not enter the
stream of commerce and is intended to support
hemp research at an institution of higher
education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001))
or an independent research institute; or
(E) grown for the use of a viable seed of the
plant produced solely for the production or
manufacture of any material described in
subparagraphs (A) through (D).
(3) Hemp-derived cannabinoid product.--
(A) In general.--The term `hemp-derived
cannabinoid product' means any intermediate or
final product derived from hemp (other than
industrial hemp), that--
(i) contains cannabinoids in any
form; and
(ii) is intended for human or animal
use through any means of application or
administration, such as inhalation,
ingestion, or topical application.
(B) Exclusion.--Such term does not include a
drug that is the subject of an application
approved under subsection (c) or (j) of section
505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355).
[(2)] (4) 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)] (5) Secretary.--The term ``Secretary'' means
the Secretary of Agriculture.
[(4) ] (6) 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) ] (7) 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)] (8) 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) terminate on September 30,
[2025] 2026.
----------
FOOD, CONSERVATION, AND ENERGY ACT OF 2008
* * * * * * *
TITLE VII--RESEARCH AND RELATED MATTERS
* * * * * * *
Subtitle E--Miscellaneous
PART I--GENERAL PROVISIONS
* * * * * * *
[SEC. 7502. GRAZINGLANDS RESEARCH LABORATORY.
[Except as otherwise specifically authorized by law and
notwithstanding any other provision of law, the Federal land
and facilities at El Reno, Oklahoma, administered by the
Secretary (as of the date of enactment of this Act) as the
Grazinglands Research Laboratory, shall not at any time, in
whole or in part, be declared to be excess or surplus Federal
property under chapter 5 of subtitle I of title 40, United
States Code, or otherwise be conveyed or transferred in whole
or in part, for the period beginning on the date of the
enactment of this Act and ending on September 30, 2025.]
SEC. 7502. GRAZINGLANDS RESEARCH LABORATORY.
Except as otherwise specifically authorized by law and
notwithstanding any other provision of law, the Federal land
and facilities at El Reno, Oklahoma, administered by the
Secretary (as of the date of enactment of this Act) as the
Grazinglands Research Laboratory, shall not at any time, in
whole or in part, be declared to be excess of surplus Federal
Property under Chapter 5 of subtitle I of title 40, United
States Code, or otherwise be conveyed or transferred in whole
or in part, for the period beginning on the date of the
enactment of this Act and ending on September 30, 2026.
* * * * * * *
----------
FOOD AND NUTRITION ACT OF 2008
* * * * * * *
RESEARCH, DEMONSTRATION, AND EVALUATIONS
Sec. 17. (a)(1) The Secretary may enter into contracts with
or make grants to public or private organizations or agencies
under this section to undertake research that will help improve
the administration and effectiveness of the supplemental
nutrition assistance program in delivering nutrition-related
benefits. The waiver authority of the Secretary under
subsection (b) shall extend to all contracts and grants under
this section.
(2) The Secretary may, on application, permit not more than
two State agencies to establish procedures that allow
households whose monthly supplemental nutrition assistance
program benefits do not exceed $20, at their option, to
receive, in lieu of their supplemental nutrition assistance
program benefits for the initial period under section 8 and
their regular allotment in following months, and at intervals
of up to 3 months thereafter, aggregate allotments not to
exceed $60 and covering not more than 3 months' benefits. The
allotments shall be provided in accordance with paragraphs (3)
and (9) of section 11(e) (except that no household shall begin
to receive combined allotments under this section until it has
complied with all applicable verification requirements of
section 11(e)(3)) and (with respect to the first aggregate
allotment so issued) within 40 days of the last benefit
issuance.
(b)(1)(A) The Secretary may conduct on a trial basis, in one
or more areas of the United States, pilot or experimental
projects designed to test program changes that might increase
the efficiency of the supplemental nutrition assistance program
and improve the delivery of supplemental nutrition assistance
program benefits to eligible households, or improve the health
of members of participating households by restricting their
purchase of non-nutritious food and beverage items, as
determined by the Secretary, and may waive any requirement of
this Act to the extent necessary for the project to be
conducted.
(B) Project requirements.--
(i) Program goal.--The Secretary may
not conduct a project under
subparagraph (A) unless--
(I) the project is consistent
with the goal of the
supplemental nutrition
assistance program of providing
food assistance to raise levels
of nutrition among low-income
individuals; and
(II) the project includes an
evaluation to determine the
effects of the project.
(ii) Permissible projects.--The
Secretary may conduct a project under
subparagraph (A) to--
(I) improve program
administration;
(II) increase the self-
sufficiency of supplemental
nutrition assistance program
recipients;
(III) test innovative welfare
reform strategies; or
(IV) allow greater conformity
with the rules of other
programs than would be allowed
but for this paragraph.
(iii) Restrictions on permissible
projects.--If the Secretary finds that
a project under subparagraph (A) would
reduce benefits by more than 20 percent
for more than 5 percent of households
in the area subject to the project (not
including any household whose benefits
are reduced due to a failure to comply
with work or other conduct
requirements), the project--
(I) may not include more than
15 percent of the number of
households in the State
receiving supplemental
nutrition assistance program
benefits; and
(II) shall continue for not
more than 5 years after the
date of implementation, unless
the Secretary approves an
extension requested by the
State agency at any time.
(iv) Impermissible projects.--The
Secretary may not conduct a project
under subparagraph (A) that--
(I) involves the payment of
the value of an allotment in
the form of cash or otherwise
providing benefits in a form
not restricted to the purchase
of food, unless the project was
approved prior to the date of
enactment of this subparagraph;
(II) has the effect of
substantially transferring
funds made available under this
Act to services or benefits
provided primarily through
another public assistance
program, or using the funds for
any purpose other than the
purchase of food, program
administration, or an
employment or training program;
(III) is inconsistent with--
(aa) paragraphs (4)
and (5) of section
3(m);
(bb) the last
sentence of section
5(a), insofar as a
waiver denies
assistance to an
otherwise eligible
household or individual
if the household or
individual has not
failed to comply with
any work, behavioral,
or other conduct
requirement under this
or another program;
(cc) section 5(c)(2);
(dd) paragraph
(2)(B), (4)(F)(i), or
(4)(K) of section 6(d);
(ee) section 8(b);
(ff) section
11(e)(2)(B);
(gg) the time
standard under section
11(e)(3);
(hh) subsection (a),
(c), (g), (h)(1)(F),
(h)(2), or (h)(3) of
section 16;
(ii) this paragraph;
or
(jj) subsection
(a)(1) or (g)(1) of
section 20;
(IV) modifies the operation
of section 5 so as to have the
effect of--
(aa) increasing the
shelter deduction to
households with no out-
of-pocket housing costs
or housing costs that
consume a low
percentage of the
household's income; or
(bb) absolving a
State from acting with
reasonable promptness
on substantial reported
changes in income or
household size (except
that this subclause
shall not apply with
regard to changes
related to supplemental
nutrition assistance
program deductions);
(V) is not limited to a
specific time period;
(VI) waives a provision of
section 26; or
(VII) waives a provision of
section 7(i).
(v) Additional included projects.--A
pilot or experimental project may
include projects involving the payment
of the value of allotments or the
average value of allotments by
household size in the form of cash to
eligible households all of whose
members are age sixty-five or over or
any of whose members are entitled to
supplemental security income benefits
under title XVI of the Social Security
Act or are receiving assistance under a
State program funded under part A of
title IV of the Social Security Act (42
U.S.C. 601 et seq.), the use of
identification mechanisms that do not
invade a household's privacy, and the
use of food checks or other voucher-
type forms in place of EBT cards.
(vi) Cash payment pilot projects.--
Subject to the availability of
appropriations under section 18(a), any
pilot or experimental project
implemented under this paragraph and
operating as of October 1, 1981,
involving the payment of the value of
allotments in the form of cash to
eligible households all of whose
members are either age sixty-five or
over or entitled to supplemental
security income benefits under title
XVI of the Social Security Act shall be
continued if the State so requests.
(C)(i) No waiver or demonstration program shall be approved
under this Act after the date of enactment of this subparagraph
unless--
(I) any household whose food assistance is issued in
a form other than EBT cards has its allotment increased
to the extent necessary to compensate for any State or
local sales tax that may be collected in all or part of
the area covered by the demonstration project, the tax
on purchases of food by any such household is waived,
or the Secretary determines on the basis of information
provided by the State agency that the increase is
unnecessary on the basis of the limited nature of the
items subject to the State or local sales tax; and
(II) the State agency conducting the demonstration
project pays the cost of any increased allotments.
(ii) Clause (i) shall not apply if a waiver or demonstration
project already provides a household with assistance that
exceeds that which the household would otherwise be eligible to
receive by more than the estimated amount of any sales tax on
the purchases of food that would be collected from the
household in the project area in which the household resides.
(D) Response to waivers.--
(i) Response.--Not later than 60 days
after the date of receiving a request
for a waiver under subparagraph (A),
the Secretary shall provide a response
that--
(I) approves the waiver
request;
(II) denies the waiver
request and describes any
modification needed for
approval of the waiver request;
(III) denies the waiver
request and describes the
grounds for the denial; or
(IV) requests clarification
of the waiver request.
(ii) Failure to respond.--If the
Secretary does not provide a response
in accordance with clause (i), the
waiver shall be considered approved,
unless the approval is specifically
prohibited by this Act.
(iii) Notice of denial.--On denial of
a waiver request under clause (i)(III),
the Secretary shall provide a copy of
the waiver request and a description of
the reasons for the denial to the
Committee on Agriculture of the House
of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate.
(2)(A) The Secretary may conduct demonstration projects to
test improved consistency or coordination between the
supplemental nutrition assistance program employment and
training program and the Job Opportunities and Basic Skills
program under title IV of the Social Security Act (42 U.S.C.
601 et seq.).
(B) Notwithstanding paragraph (1), the Secretary may, as part
of a project authorized under this paragraph, waive
requirements under section 6(d) to permit a State to operate an
employment and training program for supplemental nutrition
assistance program recipients on the same terms and conditions
under which the State operates its Job Opportunities and Basic
Skills program for recipients of aid to families with dependent
children under part F of title IV of the Social Security Act
(42 U.S.C. 681 et seq.). Any work experience program conducted
as part of the project shall be conducted in conformity with
section 482(f) of such Act (42 U.S.C. 682(f)).
(C) A State seeking such a waiver shall provide assurances
that the resulting employment and training program shall meet
the requirements of subsections (a)(19) and (g) of section 402
of such Act (42 U.S.C. 602) (but not including the provision of
transitional benefits under clauses (ii) through (vii) of
section 402(g)(1)(A)) and sections 481 through 487 of such Act
(42 U.S.C. 681 through 687). Each reference to ``aid to
families with dependent children'' in such sections shall be
deemed to be a reference to supplemental nutrition assistance
program benefits for purposes of the demonstration project.
(D) Notwithstanding the other provisions of this paragraph,
participation in an employment and training activity in which
supplemental nutrition assistance program benefits are
converted to cash shall occur only with the consent of the
participant.
(E) For the purposes of any project conducted under this
paragraph, the provisions of this Act affecting the rights of
recipients may be waived to the extent necessary to conform to
the provisions of section 402, and sections 481 through 487, of
the Social Security Act.
(F) At least 60 days prior to granting final approval of a
project under this paragraph, the Secretary shall publish the
terms and conditions for any demonstration project conducted
under the paragraph for public comment in the Federal Register
and shall notify the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
(G) Waivers may be granted under this paragraph to conduct
projects at any one time in a total of up to 60 project areas
(or parts of project areas), as such areas are defined in
regulations in effect on January 1, 1990.
(H) A waiver for a change in program rules may be granted
under this paragraph only for a demonstration project that has
been approved by the Secretary, that will be evaluated
according to criteria prescribed by the Secretary, and that
will be in operation for no more than 4 years.
(I) The Secretary may not grant a waiver under this paragraph
on or after the date of enactment of this subparagraph. Any
reference in this paragraph to a provision of title IV of the
Social Security Act shall be deemed to be a reference to such
provision as in effect on the day before such date.
(c) The Secretary shall develop and implement measures for
evaluating, on an annual or more frequent basis, the
effectiveness of the supplemental nutrition assistance program
in achieving its stated objectives, including, but not limited
to, the program's impact upon the nutritional and economic
status of participating households, the program's impact upon
all sectors of the agricultural economy, including farmers and
ranchers, as well as retail food stores, and the program's
relative fairness to households of different income levels,
different age composition, different size, and different
regions of residence. Further, the Secretary shall, by way of
making contracts with or grants to public or private
organizations or agencies, implement pilot programs to test
various means of measuring on a continuing basis the
nutritional status of low income people, with special emphasis
on people who are eligible for supplemental nutrition
assistance, in order to develop minimum common criteria and
methods for systematic nutrition monitoring that could be
applied on a nationwide basis. The locations of the pilot
programs shall be selected to provide a representative
geographic and demographic cross-section of political
subdivisions that reflect natural usage patterns of health and
nutritional services and that contain high proportions of low
income people. The Secretary shall report on the progress of
these pilot programs on an annual basis commencing on July 1,
1982, to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate, together with such recommendations
as the Secretary deems appropriate.
(d) Employment Initiatives Program.--
(1) Election to participate.--
(A) In general.--Subject to the other
provisions of this subsection, a State may
elect to carry out an employment initiatives
program under this subsection.
(B) Requirement.--A State shall be eligible
to carry out an employment initiatives program
under this subsection only if not less than 50
percent of the households in the State that
received supplemental nutrition assistance
program benefits during the summer of 1993 also
received benefits under a State program funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) during the summer
of 1993.
(2) Procedure.--
(A) In general.--A State that has elected to
carry out an employment initiatives program
under paragraph (1) may use amounts equal to
the allotments that would otherwise be issued
to a household under the supplemental nutrition
assistance program, but for the operation of
this subsection, to provide cash benefits in
lieu of the allotments to the household if the
household is eligible under paragraph (3).
(B) Payment.--The Secretary shall pay to each
State that has elected to carry out an
employment initiatives program under paragraph
(1) an amount equal to the value of the
allotment that each household participating in
the program in the State would be eligible to
receive under this Act but for the operation of
this subsection.
(C) Other provisions.--For purposes of the
supplemental nutrition assistance program
(other than this subsection)--
(i) cash assistance under this
subsection shall be considered to be an
allotment; and
(ii) each household receiving cash
benefits under this subsection shall
not receive any other supplemental
nutrition assistance program benefits
during the period for which the cash
assistance is provided.
(D) Additional payments.--Each State that has
elected to carry out an employment initiatives
program under paragraph (1) shall--
(i) increase the cash benefits
provided to each household
participating in the program in the
State under this subsection to
compensate for any State or local sales
tax that may be collected on purchases
of food by the household, unless the
Secretary determines on the basis of
information provided by the State that
the increase is unnecessary on the
basis of the limited nature of the
items subject to the State or local
sales tax; and
(ii) pay the cost of any increase in
cash benefits required by clause (i).
(3) Eligibility.--A household shall be eligible to
receive cash benefits under paragraph (2) if an adult
member of the household--
(A) has worked in unsubsidized employment for
not less than the preceding 90 days;
(B) has earned not less than $350 per month
from the employment referred to in subparagraph
(A) for not less than the preceding 90 days;
(C)(i) is receiving benefits under a State
program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.); or
(ii) was receiving benefits under a State
program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) at
the time the member first received cash
benefits under this subsection and is no longer
eligible for the State program because of
earned income;
(D) is continuing to earn not less than $350
per month from the employment referred to in
subparagraph (A); and
(E) elects to receive cash benefits in lieu
of supplemental nutrition assistance program
benefits under this subsection.
(4) Evaluation.--A State that operates a program
under this subsection for 2 years shall provide to the
Secretary a written evaluation of the impact of cash
assistance under this subsection. The State agency,
with the concurrence of the Secretary, shall determine
the content of the evaluation.
(e) The Secretary shall conduct a study of the effects of
reductions made in benefits provided under this Act pursuant to
part 1 of subtitle A of title I of the Omnibus Budget
Reconciliation Act of 1981, the Food Stamp and Commodity
Distribution Amendments of 1981, the Food Stamp Act Amendments
of 1982, and any other laws enacted by the Ninety-seventh
Congress which affect the supplemental nutrition assistance
program. The study shall include a study of the effect of
retrospective accounting and periodic reporting procedures
established under such Acts, including the impact on benefit
and administrative costs and on error rates and the degree to
which eligible households are denied supplemental nutrition
assistance program benefits for failure to file complete
periodic reports. The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
an interim report on the results of such study no later than
February 1, 1984, and a final report on the results of such
study no later than March 1, 1985.
(f) In order to encourage States to plan, design, develop,
and implement a system for making supplemental nutrition
assistance program benefits available through the use of
intelligent benefit cards or other automated or electronic
benefit delivery systems, the Secretary may conduct one or more
pilot or experimental projects, subject to the restrictions
imposed by subsection (b)(1) and section 7(f)(2), designed to
test whether the use of such cards or systems can enhance the
efficiency and effectiveness of program operations while
ensuring that individuals receive correct benefit amounts on a
timely basis. Intelligent benefit cards developed under such a
demonstration project shall contain information, encoded on a
computer chip embedded in a credit card medium, including the
eligibility of the individual and the amount of benefits to
which such individual is entitled. Any other automated or
electronic benefit delivery system developed under such a
demonstration project shall be able to use a plastic card to
access such information from a data file.
(g) In order to assess the effectiveness of the employment
and training programs established under section 6(d) in placing
individuals into the work force and withdrawing such
individuals from the supplemental nutrition assistance program,
the Secretary is authorized to carry out studies comparing the
pre- and post-program labor force participation, wage rates,
family income, level of receipt of supplemental nutrition
assistance program and other transfer payments, and other
relevant information, for samples of participants in such
employment and training programs as compared to the appropriate
control or comparison groups that did not participate in such
programs. Such studies shall, to the maximum extent possible--
(1) collect such data for up to 3 years after the
individual has completed the employment and training
program; and
(2) yield results that can be generalized to the
national program as a whole.
The results of such studies and reports shall be considered in
developing or updating the performance standards required under
section 6.
(h) The Secretary shall conduct a sufficient number of
demonstration projects to evaluate the effects, in both rural
and urban areas, of including in financial resources under
section 5(g) the fair market value of licensed vehicles to the
extent the value of each vehicle exceeds $4,500, but excluding
the value of--
(1) any licensed vehicle that is used to produce
earned income, necessary for transportation of an
elderly or physically disabled household member, or
used as the household's home; and
(2) one licensed vehicle used to obtain, continue, or
seek employment (including travel to and from work),
used to pursue employment-related education or
training, or used to secure food or the benefits of the
supplemental nutrition assistance program.
(i) The Secretary shall conduct, under such terms and
conditions as the Secretary shall prescribe, for a period not
to exceed 4 years, projects to test allowing not more than
11,000 eligible households, in the aggregate, to accumulate
resources up to $10,000 each (which shall be excluded from
consideration as a resource) for later expenditure for a
purpose directly related to improving the education, training,
or employability (including self-employment) of household
members, for the purchase of a home for the household, for a
change of the household's residence, or for making major
repairs to the household's home.
(j) The Secretary shall use up to $4,000,000 of the funds
provided in advance in appropriations Acts for projects
authorized by this section to conduct demonstration projects in
which State or local supplemental nutrition assistance program
agencies test innovative ideas for working with State or local
law enforcement agencies to investigate and prosecute benefit
trafficking.
(k) Pilot Projects to Evaluate Health and Nutrition Promotion
in the Supplemental Nutrition Assistance Program.--
(1) In general.--The Secretary shall carry out, under
such terms and conditions as the Secretary considers to
be appropriate, pilot projects to develop and test
methods--
(A) of using the supplemental nutrition
assistance program to improve the dietary and
health status of households eligible for or
participating in the supplemental nutrition
assistance program; and
(B) to reduce overweight, obesity (including
childhood obesity), and associated co-
morbidities in the United States.
(2) Grants.--
(A) In general.--In carrying out this
subsection, the Secretary may enter into
competitively awarded contracts or cooperative
agreements with, or provide grants to, public
or private organizations or agencies (as
defined by the Secretary), for use in
accordance with projects that meet the strategy
goals of this subsection.
(B) Application.--To be eligible to receive a
contract, cooperative agreement, or grant under
this paragraph, an organization shall submit to
the Secretary an application at such time, in
such manner, and containing such information as
the Secretary may require.
(C) Selection criteria.--Pilot projects shall
be evaluated against publicly disseminated
criteria that may include--
(i) identification of a low-income
target audience that corresponds to
individuals living in households with
incomes at or below 185 percent of the
poverty level;
(ii) incorporation of a
scientifically based strategy that is
designed to improve diet quality
through more healthful food purchases,
preparation, or consumption;
(iii) a commitment to a pilot project
that allows for a rigorous outcome
evaluation, including data collection;
(iv) strategies to improve the
nutritional value of food served during
school hours and during after-school
hours;
(v) innovative ways to provide
significant improvement to the health
and wellness of children;
(vi) other criteria, as determined by
the Secretary.
(D) Use of funds.--Funds provided under this
paragraph shall not be used for any project
that limits the use of benefits under this Act.
(3) Projects.--Pilot projects carried out under
paragraph (1) may include projects to determine whether
healthier food purchases by and healthier diets among
households participating in the supplemental nutrition
assistance program result from projects that--
(A) increase the supplemental nutrition
assistance purchasing power of the
participating households by providing increased
supplemental nutrition assistance program
benefit allotments to the participating
households;
(B) increase access to farmers markets by
participating households through the electronic
redemption of supplemental nutrition assistance
program benefits at farmers' markets;
(C) provide incentives to authorized
supplemental nutrition assistance program
retailers to increase the availability of
healthy foods to participating households;
(D) subject authorized supplemental nutrition
assistance program retailers to stricter
retailer requirements with respect to carrying
and stocking healthful foods;
(E) provide incentives at the point of
purchase to encourage households participating
in the supplemental nutrition assistance
program to purchase fruits, vegetables, or
other healthful foods; or
(F) provide to participating households
integrated communication and education
programs, including the provision of funding
for a portion of a school-based nutrition
coordinator to implement a broad nutrition
action plan and parent nutrition education
programs in elementary schools, separately or
in combination with pilot projects carried out
under subparagraphs (A) through (E).
(4) Evaluation and reporting.--
(A) Evaluation.--
(i) Independent evaluation.--
(I) In general.--The
Secretary shall provide for an
independent evaluation of
projects selected under this
subsection that measures the
impact of the pilot program on
health and nutrition as
described in paragraph (1).
(II) Requirement.--The
independent evaluation under
subclause (I) shall use
rigorous methodologies,
particularly random assignment
or other methods that are
capable of producing
scientifically valid
information regarding which
activities are effective.
(ii) Costs.--The Secretary may use
funds provided to carry out this
section to pay costs associated with
monitoring and evaluating each pilot
project.
(B) Reporting.--Not later than 90 days after
the last day of fiscal year 2009 and each
fiscal year thereafter until the completion of
the last evaluation under subparagraph (A), the
Secretary shall submit to the Committee on
Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that includes a
description of--
(i) the status of each pilot project;
(ii) the results of the evaluation
completed during the previous fiscal
year; and
(iii) to the maximum extent
practicable--
(I) the impact of the pilot
project on appropriate health,
nutrition, and associated
behavioral outcomes among
households participating in the
pilot project;
(II) baseline information
relevant to the stated goals
and desired outcomes of the
pilot project; and
(III) equivalent information
about similar or identical
measures among control or
comparison groups that did not
participate in the pilot
project.
(C) Public dissemination.--In addition to the
reporting requirements under subparagraph (B),
evaluation results shall be shared broadly to
inform policy makers, service providers, other
partners, and the public in order to promote
wide use of successful strategies.
(5) Funding.--
(A) Authorization of appropriations.--There
are authorized to be appropriated such sums as
are necessary to carry out this section for
each of fiscal years 2008 through 2012.
(B) Mandatory funding.--Out of any funds made
available under section 18, on October 1, 2008,
the Secretary shall make available $20,000,000
to carry out a project described in paragraph
(3)(E), to remain available until expended.
(l) Cooperation with Program Research and Evaluation.--
Subject to the requirements of this Act, including protections
under section 11(e)(8), States, State agencies, local agencies,
institutions, facilities such as data consortiums, and
contractors participating in programs authorized under this Act
shall--
(1) cooperate with officials and contractors acting
on behalf of the Secretary in the conduct of
evaluations and studies under this Act; and
(2) submit information at such time and in such
manner as the Secretary may require.
(m) Evaluation of Child Support Enforcement Cooperation
Requirements.--
(1) In general.--The Secretary, in consultation with
the Secretary of Health and Human Services, shall
conduct an independent evaluation of a representative
sample of States--
(A) to assess the implementation and impact
of the eligibility requirements described in
subsections (l) through (n) of section 6 in
States that have formerly implemented or
continue to implement those requirements, and
the feasibility of implementing those
requirements in other States;
(B) to assess the factors that contributed to
the decision of States that formerly
implemented the eligibility requirements
described in each of subsections (l) through
(n) of section 6 to cease such implementation;
(C) to review alternatives to the eligibility
requirements described in each of subsections
(l) through (n) of section 6 that are used by
other States to assist participants in the
supplemental nutrition assistance program to
make or receive child support payments and the
effectiveness of those alternatives; and
(D) to evaluate the costs and benefits to
households and to State agencies, of requiring
State agencies to implement each of the
eligibility requirements described in
subsections (l) through (n) of section 6.
(2) Evaluation.--The evaluation under paragraph (1)
shall include, to the maximum extent practicable, an
assessment of--
(A) the manner in which applicable State
agencies implement and enforce the eligibility
requirements described in subparagraph (A) of
such paragraph, including--
(i) the procedures used by each State
to determine cooperation, to sanction
participants for failure to cooperate,
and to determine good cause for
noncooperation under each of
subsections (l) through (n) of section
6; and
(ii) the manner in which each State
aligns the procedures for implementing
those eligibility requirements with
procedures for implementing other
Federal programs that require
cooperation with child support
enforcement, including 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.), the Medicaid program under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.), and programs
carried out under the Child Care and
Development Block Grant Act of 1990 (42
U.S.C. 9857 et seq.);
(B) the Federal, State, and local costs
associated with implementing those eligibility
requirements, including costs incurred under
this Act and by child support enforcement
agencies for personnel, technology upgrades,
and other costs;
(C) the effect of those eligibility
requirements on the establishment of new child
support orders, the establishment of paternity,
changes in child support payments to custodial
households, and changes in arrears owed on
child support orders;
(D) with respect to the eligibility
requirements under each of subsections (l)
through (n) of section 6--
(i) the number of individuals subject
to those requirements;
(ii) the number of individuals in
each State who meet those requirements;
and
(iii) the number of individuals in
each State who fail to meet those
requirements;
(E) the number of individuals in each State
for whom good cause for noncooperation has been
found under section 6(l)(2);
(F) the impact of those eligibility
requirements on the supplemental nutrition
assistance program eligibility, benefit levels,
food security, income, and economic stability
of--
(i) individuals subject to those
requirements;
(ii) the household members of those
individuals, including children; and
(iii) households with nontraditional
family structures, including a
household in which a grandparent is the
primary caretaker of a grandchild of
the grandparent.
(3) State agency cooperation.--Each State agency
selected under paragraph (1) shall provide information
to the Secretary necessary to conduct the evaluation
under such paragraph.
(4) Report.--Not later than 3 years after the date of
enactment of the Agriculture Improvement Act of 2018,
the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report describing the findings from the
evaluation conducted under paragraph (1).
(n) Longitudinal Data for Research.--
(1) In general.--Subject to paragraphs (3) through
(5), a State agency may, on approval by the Secretary,
establish a longitudinal database that contains
information about households and members of households
that receive benefits under the supplemental nutrition
assistance program in the State.
(2) Purpose.--Each longitudinal database established
under paragraph (1) shall be used solely to conduct
research on participation in and the operation of the
supplemental nutrition assistance program, including
duration of participation in the program.
(3) Requirements for databases.--Prior to the
approval of State agencies to establish longitudinal
databases under paragraph (1), the Secretary shall--
(A) identify features that shall be standard
across States such as database format to
facilitate use of longitudinal databases
established under paragraph (1) for research
purposes;
(B) identify features of longitudinal
databases established under paragraph (1) that
may vary across States;
(C) identify a procedure for States operating
longitudinal databases under paragraph (1) to
use a unique identifier to provide relevant
information on household members who receive
benefits under the supplemental nutrition
assistance program for the purpose of comparing
participation data in multiple participating
States over time while protecting participant
privacy;
(D) establish the manner in which data
security and privacy protections, as required
by Federal law and consistent with other
appropriate practices, shall be implemented and
maintained;
(E) provide direction to State agencies on
the responsibilities of and funding
arrangements for State agencies and any State
contractors (including entities providing
technical assistance) relating to the
establishment and operation of a longitudinal
database;
(F) provide a description of the
documentation that States shall submit to the
Secretary prior to allowing researchers access
to a longitudinal database;
(G) consult with other Federal research
agencies, including the Bureau of the Census;
(H) consult with States that have already
established databases used for purposes similar
to the purposes outlined in this subsection;
and
(I) identify any other requirements
determined appropriate by the Secretary.
(4) Included data.--
(A) In general.--Subject to subparagraph (B),
each longitudinal database established under
paragraph (1)--
(i) shall include monthly information
about households and members of
households that receive benefits under
the supplemental nutrition assistance
program in the participating State
taken from existing information
collected by the State agency
including, if available,--
(I) demographic
characteristics;
(II) income and financial
resources (as described in
section 5(g));
(III) employment status;
(IV) household circumstances,
such as deductible expenses;
and
(V) the amount of the monthly
allotment received under the
supplemental nutrition
assistance program; and
(ii) may include information from
other State data sources such as--
(I) earnings and employment
data from the State department
of labor;
(II) health insurance program
data; or
(III) data from participation
in other programs administered
by the State.
(B) Data protection.--Any State that
establishes a longitudinal database under
paragraph (1) shall, in accordance with all
applicable Federal and State privacy standards
and requirements--
(i) protect the privacy of
information about each member of each
household that receives benefits under
the supplemental nutrition assistance
program in such State by ensuring that
no personally identifiable information
(including social security number, home
address, or contact information) is
included in the longitudinal database;
and
(ii) make the data under this
paragraph available to researchers and
the Secretary.
(5) Approval.--The Secretary shall approve the
establishment of longitudinal databases under paragraph
(1) in States that--
(A) meet the requirements for databases under
paragraph (3) and (4)(B);
(B) reflect a range of participant numbers,
demographics, operational structures, and
geographic regions; and
(C) have the capacity to provide on a
periodic and ongoing basis household and
participant data derived from the eligibility
system and other data sources of the State.
(6) Grants.--
(A) In general.--In carrying out this
subsection, the Secretary may provide grants to
States that have been approved by the Secretary
in accordance with paragraph (5) out of funds
made available under paragraph (9).
(B) Method of awarding grants.--Grants
awarded under this paragraph shall be made in
such amounts and under such terms and
conditions as the Secretary determines
necessary to carry out the purposes of this
subsection.
(7) Report.--
(A) In general.--Not later than 4 years after
the effective date of this subsection, the
Secretary shall submit to the Committee on
Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report on the
feasibility of expanding implementation of
longitudinal databases to every State.
(B) Contents.--The report required under
subparagraph (A) shall describe--
(i) the cost of expanding
implementation of longitudinal
databases with consistent data to every
State;
(ii) the challenges and benefits of
using State longitudinal databases with
consistent data; and
(iii) alternatives to expanding
implementation of longitudinal
databases with consistent data to every
State that may achieve similar research
outcomes and the advantages and
disadvantages of those alternatives.
(8) Effect.--Nothing in this subsection shall be
construed to prevent or limit the ability of State
agencies to establish or continue operating databases
used for purposes similar to the purposes outlined in
this subsection.
(9) Funding.--Of the funds made available under
section 18, the Secretary shall use to carry out this
subsection--
(A) $20,000,000 for fiscal year 2019 to
remain available through fiscal year 2021; and
(B) $5,000,000 for fiscal year 2022 and each
fiscal year thereafter.
* * * * * * *
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.
Commodity Futures Trading Commission.--Language is included
to limit the amount of funds for official reception and
representation expenses. Language is also included to allow the
Commission to record prior year lease obligations and to
liquidate certain obligations.
Farm Credit Administration.--The bill includes authority to
exceed the limitation on assessments by 10 percent with
notification to the Appropriations Committees and to allow
certain banks to exceed the statutory cap on export financing.
General Provisions.--
Section 701.--The bill includes language regarding
passenger motor vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loan funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding fund
availability in the Agriculture Management Assistance program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses.
Section 710.--The bill includes language prohibiting first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without graphics.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language regarding spend
plans.
Section 722.--The bill includes language regarding a
rescission of funds.
Section 723.--The bill includes language regarding Rural
Development programs.
Section 724.--The bill includes language regarding USDA
loan program levels.
Section 725.--The bill includes language regarding credit
card refunds and rebates.
Section 726.--The bill includes language regarding 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 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 a
rescission of funds.
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 poultry products and seafood from the People's Republic
of China in 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 a pilot
program.
Section 754.--The bill includes language regarding
processing grants.
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 facility
upgrades.
Section 759.--The bill includes language regarding hemp
regulations.
Section 760.--The bill includes language Animal and Plant
Health Inspection Service pay.
Section 761.--The bill includes language related to the
Federal Meat Inspection Act.
Section 762.--The bill includes language regarding the
Dietary Guidelines.
Section 763.--The bill includes language regarding
genetically engineered salmon.
Section 764.--The bill includes language regarding land
purchases.
Section 765.--The bill includes language regarding the
Office of the General Counsel.
Section 766.--The bill includes language regarding food
traceability.
Section 767.--The bill includes language regarding an FDA
office plan.
Section 768.--The bill includes language regarding
Livestock Mandatory Reporting.
Section 769.--The bill includes language regarding
allergenic foods.
Section 770.--The bill includes language regarding the PAWS
Act.
Section 771.--The bill includes language regarding an ARS
facility.
Section 772.--The bill includes language regarding an FDA
regulation.
Section 773.--The bill includes language regarding tobacco
regulation.
Section 774.--The bill includes language regarding
censorship.
Section 775.--The bill includes language regarding Buy
America requirements.
Section 776.--The bill includes language regarding
nutritious foods.
Section 777.--The bill includes language regarding flags.
Section 778.--The bill includes language regarding a
rescission of funds.
Sec. 779.--The bill includes language regarding a
rescission of funds.
Sec. 780.--The bill includes language regarding marriage.
Section 781.--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 $25,000,000
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 $11,000,000
and Accountability.
WIC................................ 2015 Such Sums............ $6,623,000,000 $7,697,000,000
Farmers' Market Nutrition Program.. 2015 Such Sums............ $16,548,000 $10,000,000
Commodity Futures Trading 2013 Such Sums............ $205,294,000 $320,000,000
Commission.
----------------------------------------------------------------------------------------------------------------
BUDGETARY IMPACT OF THE FY 2026 AGRICULTURE, RURAL DEVELOPMENT, FOOD
AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS BILL
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 Authority Outlays Budget 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............... 25,523 .................. 25,523 \1\43,788
Mandatory................... .................. .................. 58,553 \1\51,002
----------------------------------------------------------------------------------------------------------------
\1\Includes 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:
2026............................................ \1\53,934
2027............................................ 7,407
2028............................................ 1,782
2029............................................ 912
2030 and future years........................... 694
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
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 60,667 \1\42,414
and local governments for 2026.
------------------------------------------------------------------------
\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, 2026:
The Subcommittee held a hearing on April 29, 2025, entitled
``Member Day.'' The Subcommittee received testimony from:
The Honorable Mike Flood
The Honorable Harriet Hageman
The Subcommittee held a budget hearing on May 7, 2025,
entitled ``Budget Hearing--U.S. Department of Agriculture.''
The Subcommittee received testimony from:
The Honorable Brooke L. Rollins, Secretary,
the Department of Agriculture
Disclosure of Earmarks and Congressionally Directed Spending Items
The following table is submitted in compliance with clause
9 of rule XXI, and lists the congressional earmarks (as defined
in paragraph (e) of clause 9) contained in the bill or in this
report. Neither the bill nor the report contain any limited tax
benefits or limited tariff benefits as defined in paragraphs
(f) or (g) of clause 9 of rule XXI.
DISSENTING VIEWS
We strongly oppose this bill in its current form.
It has been nearly six months since Donald Trump was sworn
in.
It has been a time of rising food and housing costs, chaos
in the federal government, new concerns about our Nation's
security, a series of chaotic tariff policies that will have
disastrous effects on American farmers and the larger economy,
and a constitutional crisis.
In the face of all this, the Democrats on the House
Appropriations Committee challenged their Republican
counterparts on the Committee to stand up to the
Administration's actions and tackle problems facing American
families and our rural communities.
They did not do so.
With the exception of two amendments, every Republican
present voted to defeat the following important Democratic
amendments. The two amendments that each received a single
Republican ``yes'' vote are noted with an asterisk.
Cost of living
Restore the bill's cut to the WIC fruit and
vegetable voucher.
Prohibit any tariffs that raise food costs.
Increase USDA direct loans for low-income rural
families to buy homes.*
No dismissal of FDA staff who work to keep infant
formula safe and available.
Ensure people with cancer don't get thrown off
SNAP if they are subject to a work requirement when they are
undergoing treatment or have other related health issues.
Prevent the cuts to SNAP and Medicaid in the House
Republican budget bill from causing schools or students who
currently are eligible for free lunches to lose access to those
benefits unless USDA certifies no student would be cut off.
Require USDA to submit a report to Congress on the
possible loss of small independent grocers due to the pending
House Republican SNAP cuts.
Rural America
Increase funding for rural water and waste grants
that are essential to helping small and lower-income
communities afford safe water services.
Restore the Trump USDA's abrupt termination of
grants for local foods to be purchased for food banks and
schools, supporting small farmers.*
Require an updated study on healthcare coverage of
farm operators.
Prevent the closure of USDA Service Centers, co-
located Farm Service and Natural Resources Conservation Service
offices, that provide essential supports to producers.
Prevent the dismissal of USDA or FDA employees
working to address ``bird flu'' in the U.S.
Oversight and stopping Trump abuses
Prevent use of the ``Deferred Resignation
Program'' in 2026, under which federal employees are paid
through the end of the fiscal year with no requirement to keep
working at their jobs.
Prevent the Department of Government Efficiency
from having any access to personally identifiable information
about Americans.
Restore signed agreements or contracts providing
assistance to farmers that were canceled by the Trump USDA and
prohibit any such cancellations in the future.
Strike report language supporting an FDA re-review
of the safety of mifepristone based on a non-peer-reviewed
study and replace it with bill language preventing FDA from any
further restrictions on the drug.
A critical improvement was made in the manager's amendment
by striking language that moved the Food for Peace program to
the Department of Agriculture. However, the program is still
suffering from drastic Republican funding cuts and
indiscriminate firings that will prevent it from functioning as
Congress intended.
Unfortunately, many significant problems in the bill
remain.
The bill provides discretionary funding of $25.5 billion,
4.4 percent below the comparable level for fiscal year 2025,
including several disturbing program cuts including:
WIC--funding is at a level that likely will not
allow every eligible person to participate in this vital
program.
Food for Peace--the bill provides $900 million for
the Food for Peace program, which is a $788 million cut from
the enacted level, which would bring the program to its lowest
funding level since 2002.
Staffing--there is a seven percent cut to Farm
Service Agency staffing and a five percent cut to Conservation
Operations which heavily focuses on direct technical assistance
to farmers in the field.
FDA--is nine percent below the 2025 level.
CFTC--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 eight percent below fiscal year 2025.
While the bill drops some of the policy riders from the FY
2025 House bill, it maintains others. The inclusion of riders
in the FY 2026 bill only makes the path towards bipartisan
agreement and the avoidance of another continuing resolution
more challenging.
Another major problem is the administration's
unconstitutional disregard for spending laws.
This bill has been considered during a time of remarkable
upheaval for the Committee. Since taking office in January
2025, the executive branch has been engaged in a rampant,
unlawful, and unconstitutional disregard for spending laws.
In particular, the Office of Management and Budget has been
at the center of a government-wide effort to thwart the intent
of this Committee's laws in its actions, while also unlawfully
refusing to publish the agency's legally binding budget
decisions (known as apportionments) in contravention of an
unambiguous and constitutionally sound assertion of the
Congress's authority to impose transparency requirements upon
the executive branch.
The current executive branch has contended--at times--an
inherent Presidential power to impound. However, while this
bill was approved over the objection of all the Democrats on
the Committee, the debate and proceedings made unmistakably
clear, just as former Chief Justice of the Supreme Court of the
United States William Rehnquist concluded (at the time an
Assistant Attorney General with the Department of Justice
Office):
``With respect to the suggestion that the President
has a constitutional power to decline to spend
appropriated funds, we must conclude that existence of
such a broad power is supported by neither reason nor
precedent.''
The laws considered and enacted by this Committee reflect
the legally binding expression of Congress's constitutional
power of the purse, effectuated through the conditions and
permissions the Committee places on spending authority through
the Congress's Article I powers. Just as the Committee chooses
to allow or restrict the purpose for any purpose in the bill,
so too does the Committee decide the amount for which an
activity shall be funded. When the Committee allows the
flexibility of merely mandating a ceiling (upper limit) or a
floor (lowest required level) for an activity, it does so in
contrast to every other instance where it has included a
specific amount, which unless otherwise stated is Congress's
clear intent to be both a floor and a ceiling.
These perspectives are both uncontroversial and
longstanding principles on which all of the Committee's work
rests.
In closing, we oppose the bill and will work to produce a
bipartisan bill in conference with an appropriate funding
level.
Rosa DeLauro,
Sanford D. Bishop, Jr.