[House Report 116-446]
[From the U.S. Government Publishing Office]
116th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 116-446
======================================================================
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS BILL, 2021
_______
July 13, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7610]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies for fiscal year 2021.
CONTENTS
Page
Title I--Agricultural Programs................................... 3
Title II--Farm Production and Conservation Programs.............. 46
Title III--Rural Development Programs............................ 55
Title IV--Domestic Food Programs................................. 67
Title V--Foreign Assistance and Related Programs................. 76
Title VI--Related Agencies and Food and Drug Administration...... 80
Title VII--General Provisions.................................... 96
OVERVIEW
The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Subcommittee has
jurisdiction over the U.S. Department of Agriculture (USDA)
except for the Forest Service, the Food and Drug Administration
(FDA), the Commodity Futures Trading Commission (CFTC), and the
Farm Credit Administration (FCA). The Subcommittee's
responsibility covers issues that impact Americans every day of
the year.
The fiscal year 2021 discretionary spending in this bill
totals $23,980,000,000 which is $487,000,000 above the fiscal
year 2020 enacted level and $4,107,803,000 above the
President's budget request for fiscal year 2021.
In this report, ``the Committees'' refers to the Committees
on Appropriations of the House of Representatives and the
Senate.
Prior to the suspension of congressional activities due to
the COVID-19 pandemic, the Subcommittee held six hearings
related to the agencies it funds. Those hearings were:
1. USDA Inspector General--February 11, 2020
2. Farm Credit Administration--February 12, 2020
3. HHS Inspector General--February 27, 2020
4. Member Day--March 3, 2020
5. USDA FY 2021 Budget Request--March 10, 2020
6. Food and Drug Administration FY 2021 Budget
Request--March 11, 2020.
Advertising expenditures.--The Committee understands that,
as the largest advertiser in the United States, the federal
government should work to ensure fair access to its advertising
contracts for small disadvantaged businesses and businesses
owned by minorities and women. The Committee directs each
department and agency to include the following information in
its fiscal year 2022 budget justification: expenditures for
fiscal year 2020 and expected expenditures for fiscal years
2021 and 2022, for (1) all contracts for advertising services;
and (2) contracts for the advertising services of (a) socially
and economically disadvantaged small businesses concerns (as
defined in section 8(a)(4) of the Small Business Act (15 U.S.C.
637 (a)(4)); and (b) women- and minority-owned businesses.
Federal Law Enforcement.--The Committee notes that the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2021 directs the Attorney General to establish a training
program to cover the use of force and de-escalation, racial
profiling, implicit bias, and procedural justice, to include
training on the duty of Federal law enforcement officers to
intervene in cases where another law enforcement officer is
using excessive force, and make such training a requirement for
Federal law enforcement officers. The Committee further notes
that several agencies funded by this Act employ Federal law
enforcement officers and are Federal Law Enforcement Training
Centers partner organizations. The Committee directs such
agencies to adopt and follow the training program established
by the Attorney General, and to make such training a
requirement for its Federal law enforcement officers. The
Committee further directs such agencies to brief the Committees
on their efforts relating to training no later than 90 days
after the Attorney General has established such a training
program.
In addition, the Committee directs such agencies, to the
extent that they have not already done so, to submit their use
of force data to the Federal Bureau of Investigation (FBI)'s
National Use of Force Data Collection database. The Committee
further directs such agencies to brief the Committees no later
than 90 days after enactment of this Act on their current
efforts to tabulate and submit its use of force data to the
FBI.
Performance Measures.--The Committee directs USDA and FDA
to comply with title 31 of the United States Code, including
the development of their organizational priority goals and
outcomes such as performance outcome measures, output measures,
efficiency measures, and customer service measures. The
Committee looks forward to receiving a briefing from these
agencies on the implementation plan for measures within 60 days
of enactment of this Act.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... $46,139,000
2021 budget estimate.................................. 47,836,000
Provided in the bill.................................. 47,638,000
Comparison:
2020 appropriation................................ +1,499,000
2021 budget estimate.............................. -198,000
The following table reflects the amount provided by the
Committee for each office and activity:
[Dollars in thousands]
------------------------------------------------------------------------
FY 2020 FY 2021 Committee
enacted estimate provision
------------------------------------------------------------------------
Office of the Secretary................ 5,051 5,143 5,118
Office of Homeland Security............ 1,496 1,336 1,329
Office of Partnerships and Public 6,211 1,957 6,508
Engagement............................
Office of the Assistant Secretary for 875 887 883
Administration........................
Departmental Administration............ 21,376 27,161 22,509
Office of the Assistant Secretary for 3,869 3,941 3,921
Congressional Relations and
Intergovernmental Affairs.............
Office of Communications............... 7,261 7,411 7,370
--------------------------------
Total, Office of the Secretary..... 46,139 47,836 47,638
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Office of the Secretary, the Committee provides an
appropriation of $47,638,000.
The Committee provides an increase of $1,000,000 for
Departmental Administration (DA) to proactively address hiring
challenges facing USDA agencies. The Committee remains
concerned about staffing shortages impacting effective program
delivery and urges DA to make efficient hiring processes a
priority.
The Committee provides $6,508,000 for the Office of
Partnerships and Public Engagement (OPPE) and rejects the
reductions proposed in the budget request. The Committee
strongly supports the Outreach and Assistance for Socially
Disadvantaged Farmers and Veterans program and restores the
funding provided in fiscal year 2020 for grants. In addition,
the bill provides $5,000,000 for the Farming Opportunities
Training and Outreach Program as authorized by the 2018 Farm
Bill. This funding is in addition to the $35,000,000 in total
mandatory funds available in 2021. OPPE is directed to use not
more than five percent of this sum for administrative costs.
The Committee provides a total of $1,000,000 for the Office of
Tribal Relations.
The Committee notes that the fiscal year 2021 budget
requested funding in excess of $60,000,000 for activities in
various offices in Executive Operations that are already
underway and being funded outside of annual appropriations
bills. The bill does not fund those activities because the
budget justification did not provide sufficient reason to do
so.
The Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (P.L. 116-136) provided $9,500,000,000 to the
Office of the Secretary for assistance to agricultural
producers impacted by the coronavirus health emergency.
Asian American, Native Hawaiian, and Pacific Islander
Farmers.--The Committee is interested in the actions the USDA
has taken to recruit and outreach to Asian American, Native
Hawaiian, and Pacific Islander farmers. Within 120 days of the
enactment of this Act, the Committee directs the USDA to
provide a report on its outreach and recruitment activities,
and a list of available required resources in additional Asian
American and Pacific Islander languages.
CCC Report.--The Committee directs the Secretary to provide
a report on November 15, 2020, and May 18, 2021, on planned
uses of funding under the authorities of Section 4 and Section
11 of the CCC Charter Act.
Commodity Credit Corporation (CCC) Obligations and
Commitments.--The Secretary is directed to notify the
Committees in writing 15 days prior to any announcement on the
use of funds from the CCC or to the obligation or commitment of
any emergency funds from the CCC.
Communication from USDA.--A collaborative working
relationship between the Committee and USDA is necessary to
ensure efficient and effective implementation of Congress'
funding decisions. USDA is directed to ensure that the
Committee is notified of major changes to existing policies and
any significant developments in its operations, before
providing non-governmental stakeholders such information,
before making the changes public and before implementing them.
COVID-19 and Agricultural Farmworker.--The Committee
recognizes the risks posed by the COVID-19 pandemic to our
nation's essential farm workforce as they continue to ensure
the availability of the food supply. As such, the Department is
encouraged to prioritize COVID-19 related financial assistance
to employers of farmworkers who comply with CDC requirements
for employers to plan and respond to COVID-19, such as ensuring
adequate social distancing and sanitation.
Customer Service.--The Committee continues to support
efforts to improve customer service in accordance with
Executive Order 13571--Streamlining Service Delivery and
Improving Customer Service. The Committee directs the Secretary
to develop standards to improve customer service and
incorporate the standards into the performance plans required
under 31 U.S.C. 1115. The Department is further directed to
brief the Committee, within 60 days of the passage of this Act,
on its efforts in this regard.
Diet-related Chronic Diseases.--The Committee is aware that
the Government Accountability Office (GAO) is currently working
on a review of the prevalence, direct medical costs, and
mortality of selected diet-related chronic diseases; what
federal agency diet-related efforts aim to reduce Americans'
risk of diet-related chronic disease; and the extent to which
federal agencies effectively collaborate on these efforts. The
Committee is very concerned about these issues as well,
particularly the potential fragmentation among these programs,
and looks forward to GAO's findings in its upcoming report. The
Committee directs the Secretary of Agriculture and the
Commissioner of the Food and Drug Administration, working with
the other members of the Interagency Committee on Human
Nutrition Research (ICHNR), to convene a meeting within 30 days
of the release of the GAO report to address any shortcomings
identified by GAO in how the various federal agencies and
departments currently collaborate and utilize federal resources
to reduce and eliminate diet-related chronic disease. Lastly,
the Committee directs the USDA and FDA to provide a joint
briefing to the Committees on the corresponding strategic plan
within 60 days of the release of the GAO report.
Disclosures Under the Agricultural Foreign Investment
Disclosure Act.--The Committee recognizes the national security
risk posed by foreign investment in domestic agricultural land.
For this reason, the Committee urges USDA to prioritize the
tracking and reporting of foreign investment in agricultural
land and verifying the accuracy of filings made by foreign
investors who acquire, transfer or hold an interest in U.S.
agricultural land.
Emissions Reduction Plan.--The Committee recognizes the
urgent necessity of reducing greenhouse gas emissions in order
to mitigate the impacts of global climate change and the
important role the agriculture sector can play in that effort.
The Committee encourages USDA to consider climate impacts and
emissions reductions centrally in its activities and directs
USDA to provide not later than 180 days after the enactment of
this Act a report outlining its plans to reduce greenhouse gas
emissions.
ERS/NIFA Move.--It has been almost exactly two years since
the Secretary announced the decision to relocate ERS and NIFA
outside of the greater Washington, D.C. area. Despite
objections from the Committee, members of the House and Senate,
numerous current and former staff of both agencies, and
stakeholders who depend on the information and support provided
by each agency, the Department relocated both agencies,
starting in the summer of 2019. The Committee reiterates its
frustration at the repeated difficulties it experiences in
getting basic information about the move from the Department.
One of the stated reasons for the move was to improve the
Department's ability to attract and retain highly qualified
staff. At the time of the relocation announcement, both ERS and
NIFA each had close to 300 employees. Today, the total number
of employees for each agency is below 150. ERS and NIFA are
shells of their former selves and the loss of institutional
knowledge each agency has suffered will take years to overcome.
The Committee requests the National Academies of Sciences,
Engineering, and Medicine to conduct symposia to elucidate the
effects of the relocation of each agency. The symposium on ERS
shall include an examination of the policy-oriented work
conducted by ERS both before and after the relocation and
identify any gaps in output that might adversely affect the
quality and quantity of data and analysis available to the
agency's stakeholders. The symposium on NIFA shall include a
discussion of the grants management, time to completion of
grants processing and issuance of letters of funding, and panel
review processes and associated costs of the agency both before
and after the relocation and documentation of delays that have
occurred post-relocation. The Committee expects the symposia to
clarify the consequences of relocation on the capacity of the
agencies to deliver their programs and to explore remedial
actions that could be taken to address any deficiencies that
arise from the relocation and from attendant disruptions to
agency functions and personnel.
Explanatory Notes.--The Committee appreciates receiving the
detailed information provided in the Explanatory Notes prepared
by the Department and relies heavily on this information when
considering budget proposals. Without consultation with or
approval from the Committee, the Department changed the format
of these materials for the fiscal year 2021 budget request. For
fiscal year 2022 and future years, the Department is directed
to present Explanatory Notes in a format consistent with the
presentation used for the fiscal year 2020 Budget, with similar
display and narrative and table contents. The Explanatory Notes
should also put the accounts in the same order as the accounts
in the bill. Any deviations from that format are to be approved
in advance by the Committee.
The justifications for the fiscal year 2021 budget request
are also insufficient. Much of the justification materials is a
restatement of the proposed changes and not an explanation or
rationale to justify the changes. The Committee cannot support
proposals in the budget submission that include significant
changes with no justification and basis. The Committee strongly
encourages the Department to improve the quality of its budget
justifications.
Goodfellow Federal Center.--The Committee provides a total
of $38,700,000 to start relocating USDA employees from the
Goodfellow Federal Center in St. Louis, MO. Due to the
potential environmental hazards at the complex identified in
the April 2019 GSA Inspector General report, USDA has made
provisions to move its employees from the facility. The
Committee understands that USDA is working with GSA to obtain
relief for buildout and relocation expenses, including
furniture and equipment costs, for USDA occupants compelled to
leave the facility for the continued health, safety, and
welfare of its employees. The Committee directs USDA to
continue working with GSA to help offset future relocation
costs and to report regularly on this effort. The Committee
awaits this information and further progress on the search for
appropriate facilities before appropriating additional funds.
Grain Terminals.--The Committee notes the ongoing contract
negotiations between West Coast grain terminal operators and
the International Longshore and Warehouse Union and recognizes
the importance of reaching an agreement that works for both
parties. A failure to reach an agreement could result in an
interruption in grain terminal service that would negatively
impact the nation's grain exports. The Committee urges all
parties to continue negotiating in good faith to ensure an
equitable outcome for both grain terminal operators and their
workers is expeditiously reached.
Hemp.--The Committee is aware of the difficulty farmers
face in trying to control the legal tetrahydrocannabinol (THC)
content of their hemp. The Committee recognizes that these
challenges are exacerbated by lack of information, best
practices, and tools to control the hemp content of THC. The
Committee directs USDA to report to Congress on the number of
acres of hemp, by state that have been required to be destroyed
because the crop exceeds the limit 0.3 percent THC content; the
number of producers, by state, who are found to have a
negligent violation of the 0.3 percent limit; and the total
number, by state, of producers whose hemp has been tested for
THC.
Loan and Grant Programs.--The Committee directs that if an
estimate of loan activity for any program funded in Titles II
and III of this bill indicates that a limitation on authority
to make commitments for a fiscal year will be reached before
the end of that fiscal year, or in any event when 75 percent of
the authority to make commitments has been utilized, the
Secretary shall promptly notify the Committees through OBPA.
The Committee directs the Department, through OBPA, to provide
quarterly reports to the Committees on the status of
obligations and funds availability for the loan and grant
programs provided in this bill.
Lobsters.--The Committee is aware of the President's
memorandum on protecting the United States lobster industry,
which is suffering from trade disruptions and the impact of
COV1D-19. The Committee directs the Secretary to review the
memorandum and prioritize appropriate assistance to the lobster
industry.
National Finance Center.--The National Finance Center (NFC)
is the largest designated Federal Government Payroll Shared
Service Provider and it provides integrated payroll and
personnel services for over 640,000 Federal employees. To
ensure that thousands of Federal employees' pay and human
resources services are not interrupted or adversely impacted by
major organizational changes, the Committee has modified
requirements under current law relating to NFC payroll and
shared services operations, missions, personnel, and functions.
The Committee also directs the USDA to provide quarterly
reports on full-time equivalent (FTE) levels for each of the
current NFC divisions, operations, and functions, as well as
each of the Office of the Chief Financial Officer (OCFO) and
Office of the Chief Information Officer (OCIO) divisions,
operations, and functions currently co-located with the NFC.
The reports also are to include a detailed breakdown of the
FTEs for each and any of these same divisions, functions, or
operations for the NFC and the co-located OCFO and OCIO
functions compared to those during FY 2017 and 2018.
Native Plant Use Preference.--The Committee continues to
support the use of locally adapted native plant materials in
the undertaking of land management activity on Federal lands
under the jurisdiction of the Department of Agriculture,
including in maintenance and in restoration in response to
degradation caused by human activity or natural events (such as
fire, flood, or infestation). The Committee directs that it be
the policy of the USDA that preference shall be made, to the
extent practicable, for the use of locally adapted native plant
materials in these cases.
New Initiatives.--The Committee is concerned about the
Department's tardiness in implementing new initiatives funded
in the annual appropriations Acts. No later than 60 days after
enactment, the Department is requested to submit an execution
strategy for each new initiative funded in this Act. This
strategy should include, but is not limited to, the steps
necessary to make funding available, the timeline thereof,
targeted beneficiaries, and expected results. The Committee
requests quarterly reports on these initiatives until the
initiative has been fully implemented.
Notification Requirements.--The Committee reminds the
Department that the Committee uses the definitions for
transfer, reprogramming, and program, project, and activity as
defined by the Government Accountability Office (GAO). As noted
in the 2020 Joint Explanatory Statement, a program, project, or
activity (PPA) is an element within a budget account. PPAs are
identified by reference to include the most specific level of
budget items identified in the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Act, 2020,
accompanying Committee reports, explanatory statements, and
budget justifications. The Committee notes that the most
specific level of budget items in the USDA budget
justifications is not limited to tables titled ``Project
Statement''.
One Health Initiative.--USDA has partnered with the U.S.
Fish and Wildlife Service, the Food and Drug Administration,
the Centers for Disease Control and Prevention, the National
Institutes of Health and the Environmental Protection Agency to
leverage its resources to address health risks to human and
animals. The Committee requests a briefing on what USDA is
currently doing with respect to this initiative.
Pay Costs.--The Committee provides the requested pay cost
and FERS costs for all offices and agencies of USDA funded in
this bill.
Performance Management.--The Committee is aware of the
Department's intention to transition from a five-tier
performance rating system to a two-tier system in the coming
months. The Committee is concerned about the short comment
period provided for such a potentially significant shift in
policy. Prior to finalizing any change to performance
management policy, the Committee directs the Department to
survey employees and to reopen the comment period to seek
additional comments from the public. The Department is further
directed to brief the Committee within 30 days after the end of
the comment period. The briefing shall include, but not be
limited to, results of the employee survey; all comments
received; plans to address concerns; and data and analysis
supporting any changes from the current system.
Protecting Animals with Shelter Grants Program.--The
Committee provides $3,000,000 for the program. It directs the
Secretary of Agriculture to continue coordinating with other
federal agencies to efficiently implement the grant program for
providing emergency and transitional shelter options for
domestic violence survivors with companion animals.
Review of Nutrition Programs.--The Committee encourages the
Secretary to review Department-wide nutrition programs, with
the full participation of Indian tribes and tribal
organizations, to consider ways in which more Native foods can
be incorporated into these programs where possible and the
possibility of allowing tribes to provide input into federal
nutritional guidance that reflects unique Indian tribal need.
Rural Broadband.--The Committee continues to support the
Re-Connect program to increase access to broadband connectivity
in unserved rural communities. The Committee continues to
direct the Department to target grants and loans to areas of
the country with the largest broadband coverage gaps. These
projects should utilize technology that will maximize coverage
of broadband with the most benefit to taxpayers and the rural
communities served. Technologies to consider should include,
but are not limited to, fiber, cable modem, fixed wireless, and
television white space. The bill includes funding for broadband
deployment through the Broadband Loan program, Community
Connect grant program, Distance Learning and Telemedicine
program and $990,000,000 for the ReConnect program.
Small Producers.--The Committee recognizes that local farms
are eager to sell to the emergency food system and contribute
to the food security of their communities. However, small
producers face significant barriers acquiring federal third-
party food safety audits such as Good Agricultural Practices
and Good Handling Practices. The Committee directs the
Secretary to make assistance available to small producers to
assist them in taking the steps necessary to participate in
federal food programs.
Spending Plans.--The bill continues a provision in Title
VII that requires USDA to submit spending plans to the
Committee within 30 days of enactment. Previous versions of
these plans have not included adequate details that would be
useful for Committee oversight. Beginning with the fiscal year
2021 plans, the Committee requests that the USDA spending plans
include for each program, project, or activity: (1) a
comparison between the congressional budget justification
funding levels, the most recent congressional directives or
approved funding levels, and the funding levels proposed by the
department or agency; and (2) a clear, concise, and informative
description/justification. The Committee reminds USDA of
notification requirements, also included in Title VII, for all
applicable changes.
Status of House and Senate Report Language.--The Department
is directed to include in its fiscal year 2022 Congressional
Justification, as a single exhibit, a table listing all
deliverables, with a column for due dates if applicable. The
Office of Budget and Program Analysis (OBPA) is directed to
provide updates on the status of House and Senate reports upon
request from the Committees.
USDA and the Environmental Protection Agency (EPA) Data
Sharing Efforts.--The Committee recognizes that the EPA Motor
Vehicle Emissions Simulator (MOVES) emission modeling system is
used to estimate emissions for mobile sources for air
pollutants, greenhouse gases, and air toxics. The Committee
encourages USDA to work with EPA on sharing and gathering
blended fuels data necessary for future updates to the MOVES
model.
USDA-owned Vehicles.--The Committee awaits the report
requested in the fiscal year 2020 report on how the Department
plans to better manage its vehicle fleet.
USDA presence in Puerto Rico.--The Committee recognizes the
work undertaken by the National Agricultural Statistics Service
(NASS) and the Agricultural Marketing Service (AMS) to compile
data that informs farmers and producers in U.S. jurisdictions.
The Committee further recognizes the importance of their
presence in Puerto Rico to have a complete understanding of the
role of agriculture in Puerto Rico's economy and food
availability. The Committee notes that the fiscal year 2020
House report directed NASS to explore reestablishing a physical
presence in Puerto Rico and report back to the Committees; the
Committee looks forward to receiving this report. The Committee
directs the Department to submit a report on the efforts and
personnel of NASS and AMS in Puerto Rico not later than 60 days
after the enactment of this Act.
Vacancy Rates.--The Committee remains concerned with the
rising number of technical staff and research vacancies at all
agencies within the Research, Education, and Economics Mission
Area and strongly encourages USDA to fill these vacancies
expeditiously.
Victory Gardens.--The Committee recognizes the pressure the
COVID-19 pandemic is putting on our food supply chain and on
vulnerable families. During World War I and World War II,
Americans grew ``Victory Gardens'' as a patriotic means of
ensuring food security. The Committee encourages the Secretary
to use the model of the ``The People's Garden'' and use
available funds to promote a new ``Victory Garden'' campaign
across the country to citizens and schools in food insecure
regions. Funding should be used for seeds and gardening
education materials.
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
2020 appropriation.................................... $24,013,000
2021 budget estimate.................................. 20,857,000
Provided in the bill.................................. 21,251,000
Comparison:
2020 appropriation................................ -2,762,000
2021 budget estimate.............................. +394,000
COMMITTEE PROVISIONS
For the Office of the Chief Economist, the Committee
provides $21,251,000, including an increase of $500,000 for the
U.S. Drought Monitor.
OFFICE OF HEARINGS AND APPEALS
2020 appropriation.................................... $15,222,000
2021 budget estimate.................................. 15,533,000
Provided in the bill.................................. 15,448,000
Comparison:
2020 appropriation................................ +226,000
2021 budget estimate.............................. -85,000
COMMITTEE PROVISIONS
For the Office of Hearings and Appeals, the Committee
provides $15,448,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
2020 appropriation.................................... $9,525,000
2021 budget estimate.................................. 20,660,000
Provided in the bill.................................. 9,666,000
Comparison:
2020 appropriation................................ +141,000
2021 budget estimate.............................. -10,994,000
COMMITTEE PROVISIONS
For the Office of Budget and Program Analysis (OBPA), the
Committee provides $9,666,000. The Committee does not include
direct funding for activities currently funded through other
resources such as the Working Capital Fund. The Committee also
does not approve the requested increases for additional staff.
Most of these new positions are for new responsibilities the
office is performing during fiscal year 2020 that were not
described in the 2020 budget request. The Committee reminds
OBPA of notification requirements under section 716(d)(3) of
the fiscal year 2020 Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act.
Office of the Chief Information Officer
2020 appropriation.................................... $66,580,000
2021 budget estimate.................................. 142,812,000
Provided in the bill.................................. 73,354,000
Comparison:
2020 appropriation................................ +6,774,000
2021 budget estimate.............................. -69,458,000
COMMITTEE PROVISIONS
For the Office of the Chief Information Officer, the
Committee provides an appropriation of $73,354,000. The
Committee has provided full funding for the costs expected to
be incurred in fiscal year 2021 for the Goodfellow move. No
funds are provided for additional staff because of the absence
of sufficient justification.
Office of the Chief Financial Officer
2020 appropriation.................................... $6,028,000
2021 budget estimate.................................. 11,104,000
Provided in the bill.................................. 6,137,000
Comparison:
2020 appropriation................................ +109,000
2021 budget estimate.............................. -4,967,000
COMMITTEE PROVISIONS
For the Office of the Chief Financial Officer, the
Committee provides an appropriation of $6,137,000. The
Committee does not provide an increase for activities that have
historically been funded through other means. It also does not
provide an increase for policy staff in the absence of a
sufficient justification of need.
Office of the Assistant Secretary for Civil Rights
2020 appropriation.................................... $901,000
2021 budget estimate.................................. 914,000
Provided in the bill.................................. 910,000
Comparison:
2020 appropriation................................ +9,000
2021 budget estimate.............................. -4,000
COMMITTEE PROVISIONS
For the Office of the Assistant Secretary for Civil Rights,
the Committee provides an appropriation of $910,000.
Office of Civil Rights
2020 appropriation.................................... $24,206,000
2021 budget estimate.................................. 20,633,000
Provided in the bill.................................. 22,875,000
Comparison:
2020 appropriation................................ -1,331,000
2021 budget estimate.............................. +2,242,000
COMMITTEE PROVISIONS
For the Office of Civil Rights, the Committee provides an
appropriation of $22,875,000. This includes rent savings from
the Office's planned move to the South Building of $1,690,000.
The Committee rejects the inaccurate savings estimate included
in the budget.
Office of Safety, Security, and Protection
2020 appropriation.................................... - - -
2021 budget estimate.................................. $24,978,000
Provided in the bill.................................. 23,218,000
Comparison:
2020 appropriation................................ +23,218,000
2021 budget estimate.............................. -1,760,000
COMMITTEE PROVISIONS
For the Office of Safety, Security, and Protection, the
Committee provides an appropriation of $23,218,000. This
includes funding previously provided in other accounts that is
now carried in this account, following a recent reorganization.
It also includes an increase, as reflected in information
provided by USDA, for all security needs for the safety of USDA
personnel, of $2,665,000. This increase is for an emergency
communication center, contract security guards, physical
security assessments, and other security assessments. No funds
are provided for additional staff because of the absence of
sufficient justification.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... $128,167,000
2021 budget estimate.................................. 152,830,000
Provided in the bill.................................. 108,186,000
Comparison:
2020 appropriation................................ -19,981,000
2021 budget estimate.............................. -44,644,000
COMMITTEE PROVISIONS
For Agriculture Buildings and Facilities, the Committee
provides an appropriation of $108,186,000. The Committee
strongly supports the One Neighborhood initiative for which a
large increase was requested; however, the budget justification
did not provide sufficient justification to fund it in full.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... $4,503,000
2021 budget estimate.................................. 3,523,000
Provided in the bill.................................. 7,518,000
Comparison:
2020 appropriation................................ +3,015,000
2021 budget estimate.............................. +3,995,000
COMMITTEE PROVISIONS
For Hazardous Materials Management, the Committee provides
an appropriation of $7,518,000. The Committee directs the
Hazardous Materials Management Program and the Hazardous Waste
Management Program to coordinate their work to ensure there is
no duplication.
Office of Inspector General
2020 appropriation.................................... $98,208,000
2021 budget estimate.................................. 100,389,000
Provided in the bill.................................. 99,791,000
Comparison:
2020 appropriation................................ +1,583,000
2021 budget estimate.............................. -598,000
COMMITTEE PROVISIONS
For the Office of Inspector General, the Committee provides
an appropriation of $99,791,000.
The Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (P.L. 116-136) included $750,000 for OIG to
prevent, prepare for, and respond to coronavirus, domestically
or internationally.
Animal fighting.--The Committee is very concerned about
illegal animal fighting activity. The OIG is encouraged to
increase its efforts to combat this illegal activity and to
investigate animal fighting as soon as it has any evidence of
such illegal activity. The Committee also encourages the OIG to
audit and investigate USDA enforcement of the Animal Welfare
Act, the Horse Protection Act, and the Humane Methods of
Slaughter Act to help improve compliance with these important
laws.
Office of the General Counsel
2020 appropriation.................................... $45,146,000
2021 budget estimate.................................. 45,878,000
Provided in the bill.................................. 45,579,000
Comparison:
2020 appropriation................................ +433,000
2021 budget estimate.............................. -299,000
COMMITTEE PROVISIONS
For the Office of the General Counsel, the Committee
provides an appropriation of $45,579,000.
Office of Ethics
2020 appropriation.................................... $4,136,000
2021 budget estimate.................................. 4,222,000
Provided in the bill.................................. 4,198,000
Comparison:
2020 appropriation................................ +62,000
2021 budget estimate.............................. -24,000
COMMITTEE PROVISIONS
For the Office of Ethics, the Committee provides an
appropriation of $4,198,000.
Office of the Under Secretary for Research, Education, and Economics
2020 appropriation.................................... $800,000
2021 budget estimate.................................. 813,000
Provided in the bill.................................. 6,109,000
Comparison:
2020 appropriation................................ +5,309,000
2021 budget estimate.............................. +5,296,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Research,
Education, and Economics, the Committee provides an
appropriation of $6,109,000. The Committee does not provide the
requested appropriation for the Office of the Chief Scientist
as it has been historically funded through inter-agency
agreements with the agencies in the mission area.
Agriculture Advanced Research and Development Authority
(AGARDA).--The Committee notes that Section 7132 of the 2018
Farm Bill directed the Office of the Chief Scientist to
complete a strategic plan for AGARDA that demonstrates USDA's
vision for AGARDA. The Committee directs USDA to complete this
strategic plan not later than 180 days after the enactment of
this Act. The plan should include a discussion of how AGARDA
can work in collaboration with ongoing research programs
operating in ARS and the National Institute of Food and
Agricuture (NIFA).
Enhancing Land-Grant Coordination.--The Committee
encourages USDA to align the Science Blueprint and the
Agriculture Innovation Agenda as a method to effectively
address key challenges facing American agriculture, especially
with regard to competitive grants. The Committee provides
$300,000 for USDA to convene a blue-ribbon panel to acknowledge
the important role that land-grant universities, including 1890
Institutions, play in food security in the U.S. and around the
world. The result of the plan should be to evaluate the overall
structure of research and education through the public and
land-grant universities to define a new architecture that can
integrate, coordinate, and assess economic impact of the
collective work of these institutions. New focuses should be on
sustainable agriculture production, innovation for small and
large farming, integration of best practices for land
management to support carbon capture, and markets to lead to
better farmer outcomes and incomes.
Farm of the Future.--The Committee directs the Under
Secretary to collaborate with NIFA, ARS, and the Office of the
Chief Economist to issue a competitive grant to an institution
in the land-grant university system to establish a Farm of the
Future testbed and demonstration site. The Farm of the Future
will integrate applied research in precision agriculture, smart
automation, resilient agricultural practices, applied
socioeconomics, and improved crop varieties from advanced
genomics and phenotyping. The site will develop data-driven
solutions to increase productivity, integrate technology,
create value added agricultural products, and enhance
connectivity and resilience for thriving rural communities. The
Committee includes $4,000,000 for the Farm of the Future
competitive grant program.
Nutritional Value of Food.--As USDA develops a
comprehensive innovation strategy for U.S. agriculture, the
Committee encourages USDA to fund research efforts assessing
the nutritional value of agricultural crops in a changing
climate. In addition, the Committee directs USDA to provide not
later than 180 days after the enactment of this Act a plan to
coordinate ongoing and future research efforts at ARS and NIFA
related to the effects of rising atmospheric carbon dioxide
levels on the nutritional value of food through USDA's
Agriculture Innovation Agenda.
Pollinators and Colony Health Research.--The bill includes
funding for a pollinator research coordinator as authorized by
the 2018 Farm Bill.
Public Access to Research.--The Committee commends USDA on
issuing its Implementation Plan to Increase Public Access to
Results of USDA-funded Scientific Research in November of 2014.
However, the Committee notes that there is still no
implementation date. The Committee urges USDA to issue an
implementation date and continue its efforts to fully enact its
plan and requires an update be included in USDA's fiscal year
2022 budget request.
Public-Private Partnership on Open Data Standards.--The
Committee recognizes the need for neutral data repository
solutions to preserve and share the big data generated by
technological advancements in the agriculture industry. The
Committee includes $1,000,000 for the Under Secretary of
Research, Education, and Economics to develop a public-private
cooperative framework based on open data standards for the
preservation and curation of this data in collaboration with
land-grant universities. This data would eventually support the
development of advanced technologies and practices to meet the
increasingly complex agricultural challenges of farmers and
ranchers.
Screening Technologies.--The Committee encourages the
development of technologies that will provide rapid, portable,
and facile screening of food fish species at port sites and
wholesale and retail centers.
Soil Health and Greenhouse Gas.--The Committee directs USDA
to establish a Soil Health and Greenhouse Gas Subcommittee
under the National Agriculture Research, Education, Extension,
and Economics Advisory Board to provide recommendations on the
feasibility of establishing reliable outcomes-based measurement
systems, existing technology that provides reliable measurement
data, standards for data collection and dissemination, farmer
data management and privacy, and other issues the Under
Secretary deems necessary.
Supervisory Jurisdiction of ARS Sites in Colorado.--The
Committee encourages the Department to conduct a study to
determine the effects of moving the ARS Akron, Colorado, site
under the supervisory jurisdiction of the ARS Fort Collins,
Colorado, site. The study should consider the impact to rural
communities in Northeast Colorado and their ability to preserve
their local research capabilities.
Economic Research Service
2020 appropriation.................................... $84,757,000
2021 budget estimate.................................. 62,109,000
Provided in the bill.................................. 86,703,000
Comparison:
2020 appropriation................................ +1,946,000
2021 budget estimate.............................. +24,594,000
COMMITTEE PROVISIONS
For the Economic Research Service (ERS), the Committee
provides an appropriation of $86,703,000. The Committee rejects
the request to significantly reduce ERS' research activities.
The Committee includes a total increase of $946,000 for pay and
retirement contributions.
Benefits of Conservation and Soil Health Practices.--The
Committee notes that the environmental benefits of
participating in voluntary conservation practices such as those
administered by the Farm Service Agency and the Natural
Resources Conservation Service have been studied but the long-
term economic dividends of these practices are not well
understood and may not be readily apparent to those who are
eligible and considering enrollment. The Committee directs ERS
to produce a study on the relationship between conservation and
soil health practices, farm financial health, and crop yield
variability rates.
Cover Cropping and Livestock Integration.--The Committee
directs ERS to produce a study detailing the projected long-
term economic impacts for farmers on the potential economic and
environmental benefits of integrating livestock into cover
cropping systems as a way of increasing soil health.
Data for Puerto Rico.--The Committee directs ERS to take
all reasonable steps to publish data on farm cash receipts,
farm income, and agricultural exports for Puerto Rico based on
the quinquennial estimates provided through the Census of
Agriculture. The Committee directs ERS to provide not later
than 180 days after the enactment of this Act a report on its
efforts to accomplish this goal.
Impact of Foreign Tariffs.--The Committee is concerned by
the impact foreign tariffs on agricultural commodities have had
on our nation's agricultural producers. The Committee directs
ERS to provide not later than 180 days after the enactment of
this Act a report detailing, by state and commodity, the
average amount of revenue lost by agricultural producers as a
result of foreign tariffs on agricultural commodities.
Recovering Value from Animal Waste.--The Committee notes
that last year's House Report directed ERS to issue a report on
recovering value from animal waste. The Committee looks forward
to an update on these efforts.
Soil Health Experts.--The Committee encourages ERS to hire
staff with expertise in soil health, an area of continued
importance to U.S. farmers and the food and agriculture
industry.
National Agricultural Statistics Service
2020 appropriation.................................... $180,294,000
2021 budget estimate.................................. 177,465,000
Provided in the bill.................................. 183,434,000
Comparison:
2020 appropriation................................ +3,140,000
2021 budget estimate.............................. +5,969,000
COMMITTEE PROVISIONS
For the National Agricultural Statistics Service (NASS),
the Committee provides an appropriation of $183,434,000, of
which $46,300,000 is for the Census of Agriculture. The
Committee includes a total of $2,140,000 for pay and retirement
contributions.
The Committee does not accept any proposed eliminations or
reductions of ongoing activities, including Acreage, Crop
Production and Grain Stocks; Barley acreage and production
estimates; the Bee and Honey Program; the Chemical Use Data
Series; the Floriculture Crops Report; and Fruit and Vegetable
Reports, including in-season forecasts for non-citrus fruit and
tree nut crops such as pecans. The funding provided will allow
NASS to resume or begin completion of these reports at the
frequency levels assumed in fiscal year 2020. NASS is directed
to resume all of these reports immediately upon enactment of
this Act.
NASS Pilot Study.--The Committee includes no funding for
the NASS Pilot Study proposed in the budget request. While the
Committee supports the goals of the study, the budget
justification did not provide sufficient information to support
the funding. The Committee would like to better understand the
tools already available to NASS to analyze and match data with
detailed imagery for improved predictions of harvested acres
and production. The Committee expects NASS to provide a
briefing to the Committee on how the goals of the NASS Pilot
Study can be achieved through better coordination with other
USDA agencies.
Tenure, Ownership, and Transition of Agricultural Land
(TOTAL) Survey.--The Committee notes that the next TOTAL survey
is part of planned NASS activities in the next Census of
Agriculture. The Committee expects the next TOTAL survey to
provide comprehensive data on land ownership, tenure,
landowners' transition plans, and lease agreements available to
beginning and socially disadvantaged farmers to understand the
trends that lead to secure land tenure and thriving farm
businesses. The Committee encourages the program to look at
emerging trends in land acquisition connected to innovations in
farming on small acreage. The Committee also encourages
collaboration with ERS so that new data provided on the
economics of the farm of the future can be better utilized.
Agricultural Research Service
SALARIES AND EXPENSES
2020 appropriation.................................... $1,414,366,000
2021 budget estimate.................................. 1,367,970,000
Provided in the bill.................................. 1,453,712,000
Comparison:
2020 appropriation................................ +39,346,000
2021 budget estimate.............................. +85,742,000
COMMITTEE PROVISIONS
For Salaries and Expenses of the Agricultural Research
Service (ARS), the Committee provides an appropriation of
$1,453,712,000, including a total increase of $12,846,000 for
pay and retirement contributions.
The Committee does not accept the President's budget
request regarding the reduction or termination of extramural
and intramural research and expects that extramural and
intramural research be funded at no less than the fiscal year
2020 levels, unless otherwise specified.
The Committee accepts the redirection of $35,000,000 to
support new research initiatives in precision agriculture,
long-term agroecosystems research, artificial intelligence
innovations for agricultural production, and managing excess
water and controlling erosion, as proposed in the President's
budget request. The Committee notes that the redirections will
not reduce overall research funding at any ARS facility but
will refocus ongoing research activities to support these new
initiatives while maintaining each participating ARS facility's
current funding level.
1890s Partnerships.--The Committee recognizes the
importance of 1890s Land Grant Institutions and the
collaborative relationships that have developed with ARS
research facilities over the years. The Committee directs ARS
to explore expanding partnerships with 1890s Land Grant
Institutions on ongoing and new research to ensure future
beneficial collaborations.
Aerial Application.--The Committee recognizes the
importance of aerial application to control crop pests and
diseases and to fertilize and seed crops and forests. Aerial
application is useful not only to ensure overall food safety
and food security, but also to promote public health through
improved mosquito control and public health application
techniques. The ARS Aerial Application Technology Program
conducts innovative research making aerial applications more
efficient, effective, and precise. This program has yielded
more effective public health control programs, as well as
increased efficiencies and greater crop production. Research
for aerial application serves the public interest as a vital
tool for the future.
Agricultural Research Facilities.--The Committee directs
ARS to explore ways in which its labs could be better utilized,
in cooperation with non-profits, consortiums, and land grant
universities, to achieve new scientific goals that benefit the
nation's food and agriculture system. In addition, the
Committee encourages ARS to work with the entities listed above
to develop a smart agriculture industry technology roadmap.
This research strategy can help guide the future development of
technology in the agriculture industry and maintain U.S.
leadership.
Agriculture Software Tools.--The Committee notes the
importance of the ARS-developed AgCROS tool and encourages ARS
to ensure consistency, access, and interoperability of
strategic research sets from sites across the nation and
facilitate the development of precision, data-driven tools and
models.
Alfalfa Research.--The Committee supports an additional
$2,000,000 above the fiscal year 2020 level for research into
alfalfa seed and forage systems, which hold the potential to
maximize crop yields, increase milk production, and improve
genetics.
Animal Research.--The Committee directs ARS to ensure that
each of its facilities housing animals is adhering to the
Animal Welfare Act at all times and to submit quarterly reports
that include both all violations found by APHIS during that
quarter and the specific actions that will be taken to prevent
their recurrence.
Areawide Integrated Pest Management.--The Committee
supports ARS' efforts on areawide integrated pest management
and encourages continued efforts to design and implement
programs across the country.
Avocado Lace Bug.--The Committee encourages ARS to
coordinate research efforts with NIFA and APHIS to address the
impact of the avocado lace bug and the Queensland longhorn
beetle.
Barley Pest Initiative.--The Committee provides $1,000,000
to strengthen the capacity of the barley research
infrastructure to address major insect, viral, bacterial, and
fungal threats to the production of high-quality barley.
Biomass to Fuels.--The Committee encourages ARS to research
new approaches for using biomass in ways that can optimize
carbon removal in a manner consistent with advancing
traditional food and fiber mission objectives.
Bovine Pleuropneumonia.--The Committee is concerned about
the potential harm to the cattle industry from contagious
bovine pleuropneumonia and encourages ARS to partner with
academia to develop improved diagnostic tests and vaccines for
this harmful disease.
Cattle Fever Ticks.--The Committee directs ARS to
coordinate development of its long-term cattle fever tick
research program with APHIS efforts under the Cattle Fever Tick
Eradication Program. Additionally, the Committee encourages ARS
to develop safe and effective compounds to combat cattle fever
ticks.
Cercospora Leaf Spot Disease.--The Committee is concerned
about the prevalence of the cercospora leaf spot, a destructive
disease that impacts sugar beet production and results in
significant losses in root yield and sugar content. The
Committee supports the work being done by ARS and provides
$500,000 for its continued efforts to develop management
solutions to combat cercospora leaf spot disease.
Chronic Wasting Disease.--The Committee recognizes the
importance of a live test for cervids potentially affected with
chronic wasting disease and provides an additional $500,000
above the fiscal year 2020 level for continued funding for
research dedicated to the development of such a test, research
on pathways of transmission, and methods to slow or stop
contraction of the disease.
Citrus Greening Disease Research.--The Committee commends
ARS' research efforts on citrus greening disease and encourages
the agency to continue working to develop methods to reduce
transmission and enhance immunity in citrus trees and to work
with industry, universities, growers, and other partners to
develop effective control mechanisms. The Committee also
encourages ARS to coordinate its efforts with the Huanglongbing
Multi-Agency Coordination (HLB MAC) group.
Coffee Plant Health Initiative.--The Committee supports the
research goals of the Coffee Plant Health Initiative.
Cranberry Research.--The Committee encourages ARS to
establish a National Center of Excellence in Cranberry Research
to further ongoing multi-university partnerships. In addition,
the Committee provides an additional $500,000 above the fiscal
year 2020 level to address research challenges regarding
disease control, growing productivity, and nutrient management.
Crops and Soils Research.--The Committee supports novel
year-round cropping systems developed by ARS and their
importance to promoting pollinator nutrition and wellbeing,
soil health, and water quality. The Committee provides an
additional $500,000 above the fiscal year 2020 level to further
these research activities.
Dietary Manipulation in Broiler Production.--The Committee
encourages ARS to continue efforts to understand the dietary
effects of consuming products fed with antibiotic growth
promoters, particularly poultry products.
East Coast Shellfish Research.--The Committee provides an
additional $500,000 above the fiscal year 2020 level to advance
genetic and physiological research for the development of
families that are regionally adapted to the wide variety of
conditions throughout the range of the entire East and Gulf
Coasts, and to collaborate with industry on technology transfer
and improved stocks.
Energy-Water Nexus.--The Committee recognizes the
importance of the Energy-Water Nexus, and as part of that
effort, encourages USDA to work with the Department of Energy
to further research collaborations to develop safe, affordable,
deployable, energy- and water-efficient technologies for food
production platforms in order to achieve more energy efficient
agriculture platforms that could better serve both rural and
urban communities.
Fertilizer Innovation Research.--The Committee supports
research in fertilizer innovations for grain crops to reduce
costs and volume and minimize runoff. The Committee provides an
additional $1,000,000 above the fiscal year 2020 level to
support research on new technologies that can produce equal or
higher crop yields, be cost effective, reduce nitrogen losses
in the form of ammonia and NOx, and reduce nutrient losses of
nitrogen and phosphate, and new fertilizer production
technologies with reduced waste streams and energy costs. The
Committee encourages ARS to partner with public and land grant
universities in pursuit of these technologies.
Floriculture and Nursery Research Initiative.--The
Committee recognizes the economic importance of the
floriculture and nursery sector of agriculture and the
industry's need for continued innovation. The Committee
encourages ARS to support the goals of the Floriculture and
Nursery Research Initiative to secure a more efficient and
productive floriculture and nursery industry.
Fruit Fly and Exotic Pest Control.--The Committee provides
an additional $500,000 above the fiscal year 2020 level for
additional support and capacity to prevent the spread of fruit
flies and other exotic pests.
Genetic Oat Research.--The Committee recognizes the
potential genetic oat research has to improve disease
resistance (especially rusts and viruses), genetics, increase
yields, and develop crop rotation systems that include oats,
which will enhance the value of oats and provide benefits to
producers and consumers. The Committee supports and encourages
ARS to continue its research on oat germplasm, genomics,
phenomics, disease resistance, and enhanced yields.
Germplasm Enhancement of Maize.--The Committee continues to
support germplasm enhancement of maize projects and encourages
continued cooperation between existing ARS maize germplasm
programs, industry, and large-scale public sector efforts to
investigate the interaction of maize genome variation and
environments.
Greenhouse Technology Research.--The Committee recognizes
the importance of advancing greenhouse technology with research
on pest management and plant nutrients as well as the
importance of reducing energy costs for greenhouse and
controlled environment agriculture. The Committee directs ARS
to continue work on pest management and plant nutrients and
also develop controlled environment demonstration projects
aligned with existing ARS technical units focused on greenhouse
agriculture to provide data on savings and productivity.
Healthy Soil-Healthy Food-Healthy People.--The Committee
supports efforts within ARS to encourage the study of enhanced
food nutritional quality through the Healthy Soil-Healthy Food-
Healthy People initiative.
Hemp Whole-Genome Bioinformatics.--The Committee encourages
ARS to conduct genomics and bioinformatics research in
collaboration with capable institutions to elucidate the
genetic control of key production and product quality traits of
the hemp plant. In addition, the Committee also encourages ARS
to partner with institutions already engaged in such research
to conduct hemp genetic improvement research and breeding with
new breeding and editing techniques.
Hops Research.--The Committee recognizes that the U.S. hops
industry has experienced unprecedented expansion due to the
brewing industry's economic growth over the past decade. To
sustain this growth, new varieties of hops are needed to
prevent disease and expand production throughout the country.
The Committee directs ARS to continue to focus on these efforts
to advance new disease-resistant public hop varieties.
Horticultural Trade.--The Committee provides $1,000,000 to
conduct research on postharvest methyl bromide alternatives as
well as postharvest losses caused by diseases and physiological
disorders to ensure that high-quality, pest-free goods can
access markets effectively and lead to an expansion of trade of
U.S. grown horticultural crops.
Human Nutrition Research.--The Committee notes that
maintenance of health throughout the lifespan along with
prevention of obesity and chronic diseases via food-based
recommendations are the major emphases of human nutrition
research. The Committee encourages ARS to address gaps in
current research at the critical intersections among
agriculture, economic sustainability, and human nutrition and
health.
Industrial Hemp Germplasm.--The Committee recognizes the
increasing demand for industrial hemp for a variety of uses and
its growing importance as a crop for U.S. farmers. The
Committee provides an additional $1,500,000 above the fiscal
year 2020 level to maintain the hemp germplasm repository.
Livestock Protection.--The Committee recognizes the
challenges caused by infectious disease problems arising from
wildlife-domestic animal agriculture interactions, particularly
between domestic sheep and wild bighorn sheep. Researchers have
recently produced an experimental vaccine to protect bighorn
populations from disease, but much work is still required. The
Committee encourages ARS to pursue work to determine the role
of domestic sheep in causing die-offs of bighorn sheep from
respiratory disease and develop methods to reduce transmission
and enhance immunity in domestic and bighorn sheep.
Long-Term Agro-ecosystem Research.--The Committee notes
that total funding for the Long-Term Agroecosystem Research
(LTAR) network allows ARS to provide an equal amount to all the
LTAR sites.
Lower Mississippi River Basin.--The Committee recognizes
the groundwater problems in the Lower Mississippi River Basin
and encourages ARS, in collaboration with university research,
extension scientists and local stakeholders, to identify gaps
in water management research and focus efforts on the
development of conservation and irrigation techniques to reduce
water usage in agriculture production while maintaining crop
quality and yield.
National Agricultural Library.--The Committee encourages
ARS to maintain a focus on agriculture-related legal issues
within the National Agricultural Library. The Committee notes
that as the agriculture sector faces increasing financial
stress, there is a necessity that agriculture-related legal
issues be addressed on an increasingly frequent basis. Further,
agriculture-related legal issues are increasingly complex, and
the impact of these legal issues continues to broaden in scope.
The Committee recommends that the National Agricultural Library
play an important role in assisting all stakeholders with
understanding these issues.
National Arboretum Public Access.--The Committee is aware
of ongoing efforts to develop a new strategic plan for the
National Arboretum to carry out its missions of research,
education, and public display gardens. The Committee expects
that such plan will address necessary security and safety
enhancements and new signage to enhance public access of the
National Arboretum. In addition, the Committee directs ARS to
explore entering into agreements with the District of Columbia
and private sector partners to fulfill these public access
improvements.
National Bio and Agro-Defense Facility (NBAF).--The
Committee provides funding for Operations and Maintenance
consistent with the fiscal year 2020 level. The fiscal year
2020 Appropriations Act included language directing the
Department to develop a ten-year strategic plan for NBAF. The
Committee looks forward to understanding the expected cost
drivers for future operations and maintenance activities at
NBAF. However, the Committee does include the requested
$8,000,000 in research at NBAF. This funding can immediately be
used to strengthen ongoing research capabilities focused on
foreign, emerging, and zoonotic animal diseases that pose a
threat to U.S. animal agriculture and public health.
National Soil Dynamics Laboratory.--The Committee directs
the National Soil Dynamics Laboratory to coordinate with
academic and industry partners to conduct research to develop
sustainable forage-based beef production systems aimed at
increasing the volume of beef forage products. The research
should be designed to achieve continued economic and
environmental sustainability in forage-based beef production
systems.
Optimizing Facility Operations.--The Committee notes the
significant capital investments for new and replacement
research facilities ARS has received over the past few years.
As construction nears completion for several of these
facilities, the Committee directs ARS to coordinate ongoing
research operations to ensure that when new facilities come
online, ARS is positioned to fully utilize the new space for
research activities. In addition, the Committee directs ARS to
provide not later than 30 days after the enactment of this Act
a briefing outlining how ARS will optimize operations at new
facilities and take full advantage of the research capabilities
that these investments will enable.
Peanut Research.--The Committee provides an additional
$1,500,000 above the fiscal year 2020 level to support research
activities to mitigate aflatoxin contamination in peanuts. The
Committee directs ARS to enhance ongoing collaborations with
land grant institutions to further advance research efforts.
Pecan Genetic Research.--The Committee provides an
additional $1,500,000 above the fiscal year 2020 level to
maintain and further pecan genetic diversity and cultivar
breeding and to advance novel genomic approaches that tap into
the unique pecan genetic resources held by ARS.
Pecan Processing Research.--The Committee recognizes the
need for new pecan processing technologies, in particular
pasteurization and cracking/shelling technologies, and the
importance of pasteurization processes for food safety and in
continuing export growth. The Committee provides an additional
$1,500,000 above the fiscal year 2020 level to support pecan
processing research activities to address these issues.
Rangeland Research.--The Committee provides an additional
$500,000 above the fiscal year 2020 level for rangeland
research.
Regional Climate Hubs.--The Committee supports the role of
USDA's Climate Hubs and how they supplement ongoing work at
ARS. The Committee provides an additional $1,000,000 above the
fiscal year 2020 level to enable better links in USDA research
programs and the delivery of timely and authoritative tools and
information to agricultural producers and professionals.
Roseau Cane.--The Committee continues to direct ARS to work
with the Animal and Plant Health Inspection Service (APHIS) and
stakeholders to develop an integrated management program for
control of the scale insect pest infestation that is destroying
Roseau cane in the Mississippi River's Delta region along the
Gulf of Mexico.
Rural Food Safety Modernization.--The Committee encourages
ARS to work with institutes of higher education in rural
communities to address and facilitate the rapid and cost-
effective modernization of food safety and related pathogen or
contamination detection practices with the goal of reducing and
raising awareness of food-borne diseases in rural communities
and local and regional rural food systems.
Sclerotinia Initiative.--The Committee is aware of the
importance of controlling Sclerotinia in sunflowers, soybeans,
canola, edible beans, peanuts, peas, lentils, and chickpeas and
encourages ARS to continue its support of this initiative.
Small Fruits Research.--The Committee provides an
additional $500,000 above the fiscal year 2020 level to improve
the ability to forecast pest and disease spread, implement
precision management strategies, mitigate invasive insects, and
to improve the overall quality of fruit.
Small Grain Genomics.--The Committee supports research on
small grain genomics to address national genomic and breeding
needs for U.S. crops to keep small grains and feed as viable
crops and continue their substantial contributions to the
agricultural economy.
Soft Wheat Falling Numbers Test Research.--The Committee
recognizes the emerging crisis surrounding wheat starch
degradation, as detected by the Hagberg-Perten Falling Numbers
Test, and encourages ARS to continue researching the accuracy
of the test and the environmental, storage, and genetic
conditions leading to this quality loss.
Sorghum.--The Committee recognizes the growing significance
of sorghum due to water conservation traits and increased
utilization and supports further research to initiate gene flow
and pest resistance.
Specialty Crop Production.--The Committee supports
increasing research activities focused on specialty crop
production.
Spittle Bug.--The Committee encourages ARS to coordinate
research efforts with NIFA and APHIS to address the impact of
the spittle bug.
Sugarcane Research Program.--The Committee provides an
additional $500,000 above the fiscal year 2020 level to the
Sugarcane Research Program to support breeding and pathology
research for the development of high-yielding, biotic and
abiotic stress resistant cultivars resistant to emerging pests
and diseases that threaten the sugarcane industry.
Tropical and Subtropical Research.--The Committee directs
ARS to coordinate with NIFA, the Forest Service, APHIS, and the
USDA Climate Hubs to provide to the Committees on
Appropriations of both Houses of Congress not later than 180
days after the enactment of this Act a report on research
relevant to and efforts to assist Hawaii, Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, and the Northern Mariana
Islands in the following research areas: (1) land and forest
resource management; (2) enhancing the viability and
sustainability of local food production systems; (3) biology
and control of invasive insects, plant diseases, weedy plant
species, and the development of integrated pest management
strategies to control them; (4) molecular biology and
bioengineering advancements on agricultural production and
human and ecosystem health in tropical and subtropical areas;
and 5) the application of precision agriculture technologies,
data, and tools to increase cost efficiencies.
Urban Agriculture.--The Committee recognizes the value of
the U.S. Botanic Garden (USBG) in supporting the evolution of
urban agriculture. The Committee directs ARS to collaborate
with the USBG to support its efforts to host and serve as an
educational and training location for local and national
audiences on topics such as: productive and sustainable urban
agriculture, food handling and preparation, and nutrition.
U.S. Sheep Experiment Station (USSES).--The Committee
recognizes the unique and valuable contributions the USSES
makes toward increasing the production efficiency of sheep and
improving sustainable rangeland ecosystems. The Committee is
pleased by the collaboration of a diverse variety of
stakeholders on the use of pastures, monitoring of wildlife
interactions, and studies of mutual interest. The Committee
encourages ARS to engage directly with stakeholders and state
and federal agencies with biological expertise to expand
research programs and urges ARS to continue engaging
collaborators to ensure the station functions as an
agricultural research facility while also evaluating
opportunities through a domestic livestock/wildlife
collaboration.
U.S. Wheat and Barley Scab (USWBS).--The Committee
continues to recognize the importance of the research carried
out through the USWBS Initiative. Fusarium head blight is a
major threat to agriculture, inflicting substantial yield and
quality losses throughout the U.S.
Whitefly.--The Committee recognizes that whiteflies are an
emerging pest as a result of developing resistance to many
pesticides making chemical control difficult and climate
variability resulting in warmer winters and lower seasonal die
off. The Committee remains concerned with the whitefly, Bemisia
tabaci, epidemic which is severely impacting vegetable and
cotton production in the Southeast United States. The Committee
provides an additional $1,000,000 above the fiscal year 2020
level in support of these research efforts.
Wildfire Smoke Taint Research on Winegrapes.--The Committee
supports research to identify the compounds responsible for
smoke taint, establish science-based threshold levels of smoke
compounds that cause smoke taint, develop mitigation methods to
reduce or eliminate smoke taint, and study compounds that can
act as a barrier between the grapes and smoke compounds. In
addition, the Committee supports research to establish standard
methodologies for sampling and testing of smoke exposed grapes
and smoke affected wines. The Committee provides an additional
$1,000,000 above the fiscal year 2020 level in support of these
research efforts.
BUILDINGS AND FACILITIES
2020 appropriation.................................... $192,700,000
2021 budget estimate.................................. 50,000,000
Provided in the bill.................................. 11,200,000
Comparison:
2020 appropriation................................ -181,500,000
2021 budget estimate.............................. -38,800,000
COMMITTEE PROVISIONS
The Committee provides $11,200,000 for Buildings and
Facilities. The Committee recognizes the national importance of
the research performed by ARS facilities that are not owned by
ARS. Ongoing efforts to upgrade ARS facilities to be on par
with the critical research done by the agency has not addressed
ARS research done by ARS employees at non-ARS facilities.
Accordingly, the Committee directs ARS to provide to the
Committees on Appropriations of both Houses of Congress not
later than 180 days after the enactment of this Act a long-
term, multi-year plan to guide capital asset and construction
decisions for new agricultural research facilities focused on
regionally and nationally important research topics, including
plant breeding and genetics research and plant germplasm
preservation.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
2020 appropriation.................................... $962,864,000
2021 budget estimate.................................. 1,067,986,000
Provided in the bill.................................. 997,729,000
Comparison:
2020 appropriation................................ +34,865,000
2021 budget estimate.............................. -70,257,000
COMMITTEE PROVISIONS
For Research and Education Activities, the Committee
provides an appropriation of $997,729,000.
Agricultural Research Enhancement Awards.--The Committee
continues to direct that not less than 15 percent of the
competitive research grant funds be used for USDA's agriculture
research enhancement awards program, including USDA-EPSCoR, in
accordance with 7 U.S.C. 450i.
Agriculture and Food Research Initiative (AFRI).--The
Committee strongly supports the AFRI program. The Committee
notes that projects that characterize protein functionality
from crops to assess their sustainability for use as
alternatives to conventional animal products are eligible for
competitive awards in the AFRI program. In addition, the
Committee supports the sustainable agricultural systems and
foundational and applied science programs in AFRI and notes
that projects that focus on research in food science and
technology in pursuit of food innovation are also eligible for
competitive awards. The Committee supports the continued
research goals of the AFRI program.
Agroecology and Sustainable Food Systems.--The Committee
recognizes the potential that the fields of agroecology and
food systems have to increase food security, food self-
sufficiency, sustainable economic development, public health,
and weather resiliency. The Committee supports research focused
on agroecology and sustainable food systems and encourages NIFA
to explore strategic partnerships, interdisciplinary
educational programming, applied research, policy analysis,
outreach, and scholarships in these fields as part of its
ongoing research efforts.
Alfalfa Seed and Alfalfa Forage Systems.--The Committee
notes that research into alfalfa seed and alfalfa forage
systems holds the potential to increase yields, increase milk
production, and improve genetics. The Committee supports this
research and its continued focus on enhancing existing breeding
programs that can improve yields, harvesting, water
conservation, and create new uses.
Blockchain Food Traceability.--The Committee notes the
potential of blockchain technology to revolutionize the
practice of food traceability, tracking food products from
origin through every point of contact on the journey to the
consumer. The Committee is interested in how blockchain
technology can be utilized to accurately trace food and
mitigate the risks associated with food contaminated outbreaks
and to develop effective strategies for controls. The Committee
encourages NIFA to coordinate research to reduce the risk of
foodborne illness through the application of blockchain
technology.
Childhood Obesity.--The Committee recognizes that NIFA has
supported important and effective programs that address
childhood obesity in remote areas and among native and
underserved populations. The Committee encourages NIFA to
continue funding these programs to address childhood obesity
prevention and community health promotion in remote areas and
among native and underserved populations.
Citrus Disease Research Program.--The 2014 Farm Bill
established the Emergency Citrus Disease Research and Extension
Program, which is intended to discover and develop tools for
early detection, control, and eradication of diseases and pests
that threaten domestic citrus production and processing. The
2018 Farm Bill reauthorized this program and established the
Emergency Citrus Disease Research and Development Trust Fund to
provide $25,000,000 per year in mandatory funding for the
program. The Committee believes research projects funded under
this authority should be prioritized based on the critical
threat of citrus greening and encourages NIFA, to the maximum
extent practicable, to follow the recommendations of the
National Agricultural Research, Extension, and Education
Advisory Board's citrus disease subcommittee and to collaborate
with the HLB MAC group.
Continuous Living Cover Practices.--The Committee
recognizes the need to adapt to challenging economic and
weather conditions by expanding the use of practices that make
farms more economically and environmentally resilient. The
Committee encourages NIFA to support research that leverages
multi-institution efforts to develop continuous living cover
techniques.
Crop Degradation.--The Committee is aware of crop
degradation issues harming agricultural producers. For example,
starch degradation in Pacific Northwest soft white wheat crops
led to significant value losses for producers in late 2016. The
Committee encourages NIFA to conduct research through AFRI into
soft white wheat crop quality loss to mitigate its impact on
producers.
Genome to Phenome.--The Committee recognizes the value of
leading public and land-grant universities with unique high-
throughput phenotyping and greenhouse facilities and expertise
for plant science innovation, root and rhizome innovation, and
food for health. The Committee directs NIFA to use a
competitive process to issue awards in the Genome to Phenome
program and urges additional focus on root stocks that increase
carbon capture and can support grain crop covers.
Grants for Insular Areas.--The Committee recognizes NIFA
efforts to strengthen capacity at land-grant institutions in
the U.S. territories in the areas of instruction, distance
education, facilities and equipment, and research. The
Committee emphasizes the importance of continuing the support
for these institutions and provides an increase to help address
plant disease and invasive species priorities in the
territories.
Interagency Research Programs.--The Committee recognizes
the important contributions of the Dual Purpose with Dual
Benefit program jointly managed by NIFA and the National
Institutes of Health (NIH). The Committee urges continued
partnership between NIFA, NIH and other relevant federal
research agencies to develop the next generation interagency
program using agriculturally important large animal species.
The Committee supports continuation of cooperative programs to
further strengthen ties between human medicine, veterinary
medicine, and animal sciences.
Livestock and Poultry Waste Research.--The Committee
recognizes the benefits of improved methods of managing animal
waste in livestock and poultry production and encourages NIFA
to support research and development of innovative technologies,
particularly those that are operationally and economically
feasible and have a high probability of widespread
implementation. The Committee notes that direction was included
in the fiscal year 2019 House report requiring a report from
NIFA on next steps to develop a comprehensive approach to all
value chains of manure management to include energy production,
energy credits, nutrient credits, and mineral supplements,
taking into consideration the full range of livestock
production to include cattle, poultry, and swine. The Committee
has yet to receive this report and expects NIFA to immediately
rectify this unacceptable delay.
Multifaceted Tools for Controlling Harmful Algal Blooms
(HABs) and Huanglongbing.--The Committee encourages NIFA to
continue research into the use of potent antimicrobials through
the use of environmentally-friendly integrated nano-delivery
systems for the purpose of controlling both HABs and
Huanglongbing. In addition, the Committee encourages NIFA to
fund research grants that help promote scientific progress
towards preventing and controlling HABs, including research to
determine the effectiveness of existing nutrient treatment
technologies, evaluate the scale-up of emerging nutrient
treatment technologies and develop new technologies, and
develop best management practices to help both rural and urban
communities control nutrients in their watersheds.
Organic Research and Extension Initiative.--The Committee
notes that farming without the use of pesticides through
various agricultural practices or genetic modifications may
offer yields equal to or greater than farming with pesticides.
The Committee directs NIFA to submit within 180 days of the
enactment of this Act a report on ongoing research activities,
funding opportunities, and implementation grants for scientists
and farmers seeking to understand and implement pesticide-free
agricultural practices.
Sensor Technologies.--The Committee encourages NIFA to work
cooperatively with non-profit institutions, consortia, and
land-grant universities to conduct research on advanced sensor
manufacturing techniques to improve the agricultural industry.
Soil Health Experts.--The Committee encourages NIFA to hire
staff with expertise in soil health to better support expanded
efforts in the soil health and sustainability area and to
support more education and outreach efforts.
Soil Health Research.--The Committee recognizes that
agriculture and land management have important roles to play in
the development of sustainable practices to address increasing
concentrations of atmospheric carbon dioxide. The Committee
urges NIFA to increase its support for research and education
regarding healthy soils that yield increased productivity and
increase carbon sequestration capacity.
Specialty Crop Research Initiative.--The Committee
recognizes the importance of the Specialty Crop Research
Initiative (SCRI) in addressing the needs of the specialty crop
industry through research and extension activities. The
Committee encourages NIFA to address successive planting
production and extension as part of ongoing SCRI activities.
U.S.-Haiti Cooperation.--The Committee recognizes the
importance of the U.S.-Haiti relationship and encourages NIFA
to explore further partnerships to build capacity in
international agricultural research, extension, and teaching,
including improving agricultural research by encouraging
research that addresses problems affecting food production and
security, human nutrition, agriculture, forestry, livestock,
and fisheries, including local challenges; and supporting and
strengthening national agricultural research systems in
developing countries. The Committee notes the importance of
strengthening the U.S. relationship with Haiti and other
developing nations in our hemisphere to further international
market development opportunities.
Weed Science Research.--The Committee supports the
establishment of a National Program Leader dedicated to Weed
Science Research and Management in the U.S. Department of
Agriculture National Institute of Food and Agriculture.
The following table reflects the amounts provided by the
Committee:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE--RESEARCH AND EDUCATION ACTIVITIES
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
2020 2021 Committee
Program/Activity Authorization enacted estimate provision
----------------------------------------------------------------------------------------------------------------
Hatch Act................................. 7 U.S.C. 361a-i.............. $259,000 $243,238 $259,000
McIntire-Stennis Cooperative Forestry Act. 16 U.S.C. 582a through a-7... 36,000 28,867 38,000
Research at 1890 Institutions (Evans-Allen 7 U.S.C. 3222................ 67,000 53,817 73,000
Program).
Payments to the 1994 Institutions......... 7 U.S.C. 301 note............ 4,000 3,439 4,500
Education Grants for 1890 Institutions.... 7 U.S.C. 3152(b)............. 23,009 19,336 26,000
Scholarships at 1890 Institutions......... 7 U.S.C. 3222a............... 5,000 10,000 10,000
Education Grants for Hispanic-Serving 7 U.S.C. 3241................ 11,200 9,219 13,000
Institutions.
Education Grants for Alaska Native and 7 U.S.C. 3156................ 3,194 - - - 3,194
Native Hawaiian-Serving Institutions.
Research Grants for 1994 Institutions..... 7 U.S.C. 301 note............ 3,801 3,800 4,000
Capacity Building for Non-Land-Grant 7 U.S.C. 3319i............... 5,000 - - - 5,000
Colleges of Agriculture.
Grants for Insular Areas.................. 7 U.S.C. 3222b-2, 3362 and 2,000 - - - 2,000
3363.
Competitive Program for Native Alaskans, ............................. - - - 5,000 - - -
Native Hawaiians, and Insular Area
Institutions.
Agriculture and Food Research Initiative.. 7 U.S.C. 3157................ 425,000 600,000 435,000
Veterinary Medicine Loan Repayment........ 7 U.S.C. 3151a............... 8,000 8,000 9,000
Veterinary Services Grant Program......... 7 U.S.C. 3151b............... 3,000 - - - 3,000
Continuing Animal Health and Disease 7 U.S.C. 3151a............... 4,000 - - - 4,500
Research Program.
Supplemental and Alternative Crops........ 7 U.S.C. 3319d............... 1,000 - - - 1,000
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)............. 9,000 - - - 9,000
Fellowship and Institution Challenge
Grants.
Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)............. 900 - - - 900
Education.
Aquaculture Centers....................... 7 U.S.C. 3322................ 5,000 - - - 5,000
Sustainable Agriculture Research and 7 U.S.C. 5811, 5812, 5831, 37,000 37,000 39,000
Education. and 5832.
Farm Business Management.................. 7 U.S.C. 5925f............... 2,000 2,000 2,000
Sun Grant Program......................... 7 U.S.C. 8114................ 3,000 - - - 3,000
Research Equipment Grants................. 7 U.S.C. 3310a............... 5,000 - - - 5,000
Alfalfa and Forage Research Program....... 7 U.S.C. 5925................ 3,000 - - - 3,000
Minor Crop Pest Management (IR-4)......... 7 U.S.C. 450i(e)............. 11,913 17,000 15,000
Special Research Grants:.................. 7 U.S.C. 450i(c)............. ........... ........... ...........
Global Change/UV Monitoring........... ............................. 1,405 - - - 1,405
Potato Research....................... ............................. 2,750 - - - 2,750
Aquaculture Research.................. ............................. 2,000 - - - 2,000
--------------------------------------
Total, Special Research Grants.... ............................. 6,155 - - - 6,155
Necessary Expenses of Research and
Education Activities:
Grants Management Systems............. ............................. 7,830 7,924 7,924
Federal Administration--Other ............................. 11,862 19,346 11,556
Necessary Expenses.
--------------------------------------
Total, Necessary Expenses......... ............................. 19,692 27,270 19,480
======================================
Total, Research and Education ............................. $962,864 $1,067,986 $997,729
Activities.
----------------------------------------------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
2020 appropriation.................................... ($11,880,000)
2021 budget estimate.................................. (11,857,000)
Provided in the bill.................................. (11,857,000)
Comparison:
2020 appropriation................................ -23,000
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For the Native American Institutions Endowment Fund, the
Committee provides $11,857,000.
EXTENSION ACTIVITIES
2020 appropriation.................................... $526,557,000
2021 budget estimate.................................. 484,832,000
Provided in the bill.................................. 538,557,000
Comparison:
2020 appropriation................................ +12,000,000
2021 budget estimate.............................. +53,725,000
COMMITTEE PROVISIONS
For Extension Activities, the Committee provides an
appropriation of $538,557,000.
21st Century Extension.--The Committee recognizes that
changes to traditional extension programs are necessary to meet
the needs of today's farmers, natural resource challenges, and
food systems. The Committee directs NIFA to develop a framework
to incentivize the next generation of digitally sophisticated
agricultural extension programs in consultation with land-grant
universities, producers, technology and agricultural industry
stakeholders, and policymakers.
Beginning Farmer and Rancher Development (BFRD) Program.--
The Committee encourages NIFA to create partnerships and
linkages between BFRD and its extension programs to assist
urban agricultural production in food insecure and nutrient
short communities across the country.
Farm and Ranch Stress Assistance Network.--The Committee
directs NIFA and the Department's Rural Health Liaison to
coordinate with the Department of Health and Human Services to
gather and utilize existing data sets prepared by the Centers
for Disease Control and Prevention on farmer and rancher mental
and behavioral health. Further, the Committee directs NIFA and
the Rural Health Liaison to work together to provide a report
on farmers' and ranchers' mental health status, access to
behavioral health care, as well as geographic and demographic
factors that are associated with higher rates of substance use,
suicide, and job dissatisfaction. The report should also
discuss barriers to the Department in collecting or accessing
this information. The Committee directs the Department to
provide the report not later than 180 days after enactment.
Farming Opportunities Training and Outreach (FOTO)
Program.--The Committee urges NIFA, in coordination with NRCS,
to include training on conservation practices, including
farming principles and practices that increase biodiversity,
enrich soils, improve watersheds, and enhance ecosystem
services for FOTO and BFRD program materials.
New Technologies for Agricultural Extension.--The Committee
includes an additional $2,000,000 to better serve the
Cooperative Extension System by adopting new tools, technology,
training, and services that will increase entrepreneurial
opportunities and e-commerce in rural communities where
sufficient high-speed broadband exists. This effort will allow
Extension educators to make connections with entrepreneurs in
rural communities and identify rural service opportunities,
especially in the areas of health care, education,
manufacturing, and farming. Examples of the types of activities
supported include community demonstration days, development of
a digital literacy curriculum, student and volunteer service
opportunities, and development of online resources.
Rural Health and Safety Education Programs.--The opioid
abuse epidemic is one of the greatest threats facing rural
America today, and the Committee supports all efforts to
address this problem through improved health and safety
education and outreach. Within available funds, $1,000,000
shall be for competitive external grants for eligible
institutions to support collaborations with academic medical
schools to utilize the extension programs to address children's
wellness, infant mortality, cancer prevention and opioid
addiction in rural areas.
The following table reflects the amounts provided by the
Committee:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE--EXTENSION ACTIVITIES
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
FY 2020 FY 2021 Committee
Program/Activity Authorization enacted estimate provision
----------------------------------------------------------------------------------------------------------------
Smith-Lever Act, Section 3(b) and 7 U.S.C. 343(b) and (c) $315,000 $299,430 $315,000
(c) programs and Cooperative and 208(c) of P.L. 93-
Extension. 471.
Extension Services at 1890 7 U.S.C. 3221.......... 57,000 48,620 62,000
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3)..... 8,000 6,446 8,500
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b......... 20,500 19,730 23,000
Institutions.
Renewable Resources Extension Act... 16 U.S.C. 1671 et. seq. 4,060 4,060 4,060
Rural Health and Safety Education 7 U.S.C. 2662(i)....... 4,000 3,000 4,000
Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642.......... 2,500 - - - 2,500
Database Program.
Women and Minorities in STEM Fields. 7 U.S.C. 5925.......... 400 400 400
Food Safety Outreach Program........ 7 U.S.C. 7625.......... 8,000 8,000 10,000
Food and Ag Service Learning........ 7 U.S.C. 7633.......... 1,000 - - - 1,000
Farm and Ranch Stress Assistance 7 U.S.C. 5936.......... 10,000 8,000 10,000
Network.
Smith-Lever Act, Section 3(d):...... 7 U.S.C. 343(d)........ ............... ............... ...............
Food and Nutrition Education.... ....................... 70,000 69,000 70,000
Farm Safety and Youth Farm ....................... 4,610 4,610 4,610
Safety Education Programs.
New Technologies for ....................... 1,550 1,550 3,550
Agricultural Extension.
Children, Youth, and Families at ....................... 8,395 8,395 8,395
Risk.
Federally Recognized Tribes ....................... 3,200 3,039 3,200
Extension Program.
Total, Section 3(d)......... ....................... 87,755 86,594 89,755
--------------------------------------------------
Necessary Expenses of Extension
Activities:
Agriculture in the K-12 7 U.S.C. 3152(j)....... 552 552 552
Classroom.
Federal Administration--Other ....................... 7,790 - - - 7,790
Necessary Expenses for
Extension Activities.
--------------------------------------------------
)Total, Necessary Expenses.. ....................... 8,342 552 8,342
==================================================
Total, Extension ....................... $526,557 $484,832 $538,557
Activities.
----------------------------------------------------------------------------------------------------------------
INTEGRATED ACTIVITIES
2020 appropriation.................................... $38,000,000
2021 budget estimate.................................. 38,000,000
Provided in the bill.................................. 39,000,000
Comparison:
2020 appropriation................................ +1,000,000
2021 budget estimate.............................. +1,000,000
COMMITTEE PROVISIONS
For Integrated Activities, the Committee provides an
appropriation of $39,000,000.
Crop Protection and Pest Management Program.--The Committee
supports the development and implementation of areawide
integrated pest management (AIPM) projects. The Committee
directs NIFA to establish within the Crop Protection and Pest
Management Program an organizational framework and funding plan
to implement AIPM projects that are to be planned in
coordination with ARS, APHIS, and other federal agencies and
implemented by cross-institutional teams, including farmers,
ranchers, and land managers, at the local level.
Food and Agriculture Defense Initiative.--The Committee
recognizes the importance of plant health and early detection
and diagnostics of new and emerging plant diseases and
pathogens and the importance of the National Plant Diagnostic
Network in achieving these goals.
Organic Transition Program.--The Committee recognizes that
the shortage of organic knowledge transfer presents a major
barrier for farmers seeking to transition to organic.
Additional funding above last year's level shall be used to
amplify cooperative extension activities to transfer technical
results from proposed projects and assist conventional farmers
in transitioning to organic.
The following table reflects the amounts provided by the
Committee.
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE--INTEGRATED ACTIVITIES
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
FY 2021 Committee
Program/Activity Authorization FY 2020 enacted estimate provision
----------------------------------------------------------------------------------------------------------------
Methyl Bromide Transition Program... 7 U.S.C. 7626.......... $2,000 $2,000 $2,000
Organic Transition Program.......... 7 U.S.C. 7626.......... 6,000 6,000 7,000
Regional Rural Development Centers.. 7 U.S.C. 450i(c)....... 2,000 2,000 2,000
Food and Agriculture Defense 7 U.S.C. 3351.......... 8,000 8,000 8,000
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626.......... 20,000 20,000 20,000
Program.
Total, Integrated Activities.... ....................... $38,000 $38,000 $39,000
----------------------------------------------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
2020 appropriation.................................... $800,000
2021 budget estimate.................................. 914,000
Provided in the bill.................................. 809,000
Comparison:
2020 appropriation................................ +9,000
2021 budget estimate.............................. -105,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Marketing and
Regulatory Programs, the Committee provides an appropriation of
$809,000. The Committee directs USDA to promptly issue the
final Origin of Livestock rule as required by Section 756 of
P.L. 116-94.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... $1,042,711,000
2021 budget estimate.................................. 1,032,988,000
Provided in the bill.................................. 1,069,817,000
Comparison:
2020 appropriation................................ +27,106,000
2021 budget estimate.............................. +36,829,000
COMMITTEE PROVISIONS
For the Animal and Plant Health Inspection Service,
Salaries and Expenses, the Committee provides an appropriation
of $1,069,817,000. This includes a total increase of $9,689,000
for pay and retirement contribution.
The Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (P.L. 116-136) included $55,000,000 for APHIS to
prevent, prepare for, and respond to coronavirus, domestically
or internationally.
The Committee provides increases for the following
programs: $2,300,000 for Equine, Cervid, and Small Ruminant
Health; $3,000,000 for Veterinary Biologics; $2,000,000 for
Zoonotic Disease Management; $3,717,000 for Cotton Pests;
$1,000,000 for Horse Protection; and $5,400,000 for Specialty
Crop Pests.
Within the amount included for Specialty Crop Pests, the
Committee includes $64,278,000 for fruit fly exclusion and
detection; $61,415,000 for citrus health, including $3,000,000
for the Huanglongbing Multi-Agency Coordination efforts;
$21,138,000 for the glassy-winged sharpshooter; $6,450,000 for
the pale cyst nematode; $2,521,000 for the light brown apple
moth; $5,009,000 for the European grapevine moth; $8,075,000
for the navel Orangeworm; $5,000,000 for agricultural canine
inspection teams; and $16,066,000 for spotted lanternfly.
The following table reflects the amounts provided by the
Committee:
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(Dollars in Thousands)
----------------------------------------------------------------------------------------------------------------
Committee
FY 2020 enacted FY 2021 estimate provision
----------------------------------------------------------------------------------------------------------------
Animal Health Technical Services.......................... $37,857 $42,285 $38,167
Aquatic Animal Health..................................... 2,253 2,289 2,278
Avian Health.............................................. 62,840 63,517 63,331
Cattle Health............................................. 104,500 97,797 105,441
Equine, Cervid, and Small Ruminant Health................. 26,500 21,129 29,039
National Veterinary Stockpile............................. 5,725 5,744 5,739
Swine Health.............................................. 24,800 25,200 25,090
Veterinary Biologics...................................... 17,417 20,694 20,618
Veterinary Diagnostics.................................... 57,340 52,063 57,654
Zoonotic Disease Management............................... 16,523 16,699 18,651
-----------------------------------------------------
Subtotal, Animal Health............................... 355,755 347,417 366,008
Agricultural Quarantine Inspection (Appropriated)......... 32,330 33,350 33,070
Cotton Pests.............................................. 11,520 11,659 15,338
Field Crop & Rangeland Ecosystems Pests................... 13,826 12,037 13,979
Pest Detection............................................ 27,446 27,967 27,824
Plant Protection Methods Development...................... 20,686 21,045 20,946
Specialty Crop Pests...................................... 192,013 183,079 198,912
Tree & Wood Pests......................................... 60,000 56,336 60,600
-----------------------------------------------------
Subtotal, Plant Health................................ 357,821 345,473 370,669
Wildlife Damage Management................................ 109,756 109,991 110,928
Wildlife Services Methods Development..................... 18,856 19,199 19,106
-----------------------------------------------------
Subtotal, Wildlife Services........................... 128,612 129,190 130,034
Animal & Plant Health Regulatory Enforcement.............. 16,224 16,542 16,455
Biotechnology Regulatory Services......................... 18,875 27,638 19,066
-----------------------------------------------------
Subtotal, Regulatory Services......................... 35,099 44,180 35,521
Contingency Fund.......................................... 470 484 480
Emergency Preparedness & Response......................... 40,966 41,512 41,363
-----------------------------------------------------
Subtotal, Emergency Management........................ 41,436 41,998 41,843
Agriculture Import/Export................................. 15,599 15,822 15,761
Overseas Technical & Trade Operations..................... 24,115 24,265 24,224
-----------------------------------------------------
Subtotal, Safe Trade.................................. 39,714 40,087 39,985
Animal Welfare............................................ 31,310 31,947 31,772
Horse Protection.......................................... 1,000 721 2,012
-----------------------------------------------------
Subtotal, Animal Welfare.............................. 32,310 32,668 33,784
APHIS Information Technology Infrastructure............... 4,251 4,251 4,251
Physical/Operational Security............................. 5,146 5,159 5,155
Rent and DHS Payments..................................... 42,567 42,567 42,567
-----------------------------------------------------
Subtotal, Agency Management........................... 51,964 51,977 51,973
=====================================================
Total, Direct Appropriation....................... $1,042,711 $1,032,988 $1,069,817
----------------------------------------------------------------------------------------------------------------
Agricultural Imports.--The Committee recognizes that there
may be a need to update APHIS physical facilities, staff
capabilities, and processes due to the increased volume of
agricultural imports. The Committee requests a plan to address
the needs of the programs, including steps to collaborate with
stakeholders on supplemental inspection and pathogen
identification services and to improve the transparency of the
importation process.
Agriculture Quarantine Inspections.--The Committee
recognizes that prevention of infestations of pests and
diseases is much more cost effective than subsequent control or
eradication. This is an important Federal responsibility and
the Committee provides $33,070,000 for the agricultural
quarantine inspections (AQI) function, including pre-departure
and interline inspections.
Animal Care Program.--The Committee is deeply concerned by
how the Animal Care program is being managed. To address these
concerns, the Committee directs Animal Care to ensure that each
noncompliance observed by a USDA inspector under the Animal
Welfare Act, is documented on an inspection report.
Antimicrobial Resistance.--The Committee provides
$3,000,000 and directs APHIS to work with a public-private
partnership focused on combating the global threat of
antimicrobial resistance across humans, animals, and the
environment to explore the development of an antimicrobial
resistance dashboard tool for livestock management, research,
risk, and stewardship. As part of this work, APHIS must explore
the feasibility of developing an antimicrobial resistance
dashboard tool that ensures full compliance with the
confidentiality protections of the Confidential Information
Protection and Statistical Efficiency Act. The dashboard should
securely track the emergence and spread of antimicrobial
resistant pathogens in livestock production systems, validate
systematic genetic and management strategies to reduce
antibiotic use, and build understanding of relationships
between livestock genetics, the environment, management
practices, and the dynamics and frequencies of pathogen
emergence in microbial populations.
Asian Longhorned Beetle (ALB).--Within the amount provided
for Tree and Wood Pests, the Committee maintains funding and
cost share rates for ALB at the 2020 level.
Biological Control Program.--The Committee maintains the FY
2020 level for the Biological Control Program within Plant
Protection Methods Development to continue efforts to suppress
pest populations.
Blackbird Predation.--APHIS is responsible for providing
Federal leadership in managing problems caused by wildlife. The
Committee is aware of the economic importance of controlling
blackbird depredation, which affects sunflowers and other
agricultural crops. The Committee encourages APHIS to take
action to reduce blackbird depredation in the Northern Great
Plains.
Canine Detection and Surveillance.--The Committee
recognizes the important role APHIS' canines program plays in
invasive species and disease detection and provides an increase
of $5,000,000 to support these efforts. The Committee
encourages APHIS in collaboration with ARS to study the
feasibility of using canines to detect coffee leaf rust. In
addition, USDA is directed to enter into cooperative agreements
with State departments of agriculture and other partners to
conduct agricultural canine detection and surveillance
activities.
Cattle Health.--The Committee maintains the 2020 increased
funding level for Cattle Health to continue to fund initiatives
related to eradication of fever ticks for livestock and
wildlife hosts including but not limited to research, data
management, infrastructure, and treatment. The Committee is
concerned that the cattle fever tick quarantine area is
expanding despite efforts to constrain their spread. To prevent
movement of livestock and game animals outside of the
quarantined or high-risk premises, the Committee encourages
APHIS to use available funds for a cost-share program for the
construction and repair of livestock or game fencing on private
lands. The Committee directs USDA, in conjunction with state
animal health commissions, to develop a strategy to exclude
wildlife from areas at highest risk of tick spread and identify
areas that qualify for funds within these areas. The Committee
reminds USDA that the report on these efforts requested in
House Report 116-107 is overdue and requests its submission
immediately.
Dipping is an approved treatment option for cattle fever
tick. Within the amount provided, APHIS is urged to continue
supporting the staffing, cost recovery, record keeping, and
operation of existing dipping vats as well as to provide
funding for the staffing of two additional dipping vats at
livestock markets.
The Committee also notes that large dense stands of non-
native carrizo cane occupy the banks and floodplains of the Rio
Grande River, providing favorable habitat for agriculturally
damaging cattle fever ticks and threatening water supplies for
agriculture due to its high evapo-transpiration capacity. The
Committee understands APHIS has been working with ARS on
biological controls and the U.S. Customs and Border Protection
(CBP) for mechanical controls. The Committee provides
$5,000,000 for APHIS to continue to coordinate with ARS, CBP,
Department of the Interior, the International Boundary and
Water Commission, the Texas State Soil and Water Conservation
Board, and other stakeholders on control efforts.
Center for Veterinary Biologics.--The Committee provides an
additional $3,000,000 to support the Center for Veterinary
Biologics with the hiring of new employees to fill vacancies
that will assist with the regulatory responsibilities under the
Virus Serum Toxin Act.
Chronic Wasting Disease (CWD).--Funding is continued in
Equine, Cervid, and Small Ruminant Health for the national,
voluntary Herd Certification Program (HCP) and regulations for
the interstate movement of farmed or captive deer, elk, and
moose. The cervid industry continues to participate in the
agency's HCP, which supports the domestic and international
marketability of U.S. cervid herds. Funds are to be used for a
combination of surveillance, research, and indemnification for
culling herds where CWD infection has been found. Currently the
only reliable test is a brain biopsy. The agency is encouraged
to utilize resources to help speed up the development of a live
test for CWD that would greatly decrease the need for
indemnity. The Committee encourages APHIS to maintain its
commitment to the HCP and the cervid industry, and directs the
agency to spend no less than $11,000,000 for cervid health
activities. Within the funds provided, APHIS should give
priority to indemnity payments to remove infected animals and
affected herds as expeditiously as possible.
The Committee is concerned about the growing threat of CWD
and its impact on free ranging deer populations. Of the amount
provided for cervid health activities, no less than $7,000,000
is provided for APHIS to allocate funds directly to State
departments of wildlife and State departments of agriculture to
further develop and implement bovine tuberculosis in cervids
and CWD management and response activities including
surveillance and testing as part of an overall management plan.
In allocating these funds, APHIS shall give priority to States
that have experienced a recent incident of CWD, have a CWD
monitoring and surveillance program, and have a diagnostic
laboratory system certified for CWD testing.
Citrus Health Response Program (CHRP).--CHRP is a national
effort to protect the U.S. industry from the ravages of
invasive pests and diseases. These funds are designed to
partner with state departments of agriculture and industry
groups to address the challenges of citrus pests and diseases.
In addition to the funds provided in this account, the
Committee encourages APHIS to utilize the funds available in
the Plant Pest and Disease Management and Disaster Prevention
Programs account to the greatest extent possible in an attempt
to sustain the economic viability of the citrus industry.
Coffee Berry Borer.--The Committee recognizes the
destructive effects brought by infestation of the Coffee Berry
Borer insect on coffee production, and the negative impact this
has on the agricultural sector of Puerto Rico. The Committee
directs APHIS to actively design a Hierarchical Environment for
Research Modeling of Ecological Systems, known as the Hermes
model, to control the prevalence of the Coffee Berry Borer pest
in this U.S. jurisdiction. The Committee further directs USDA
to assign the necessary funds to accomplish project objectives.
APHIS shall submit a report to Congress that includes project
accomplishments and obstacles by no later than November 30,
2021.
Cogongrass.--The Committee continues to provide $3,000,000
for APHIS to partner with state departments of agriculture and
forestry commissions in states considered to be the epicenter
of infestations, to assist with control and treatment of
cogongrass in order to slow the advancing front of this
invasive plant-pest species and its impact on forest
productivity, wildlife habitat, and private landowners.
Cotton Pests.--The bill provides $15,338,000 for the joint
Cotton Pests Program. The Committee encourages APHIS and the
cotton industry to make every effort to ensure the boll weevil
does not re-infest areas of the U.S. where it has been
successfully eradicated. The Boll Weevil Eradication Program,
an outstanding example of a public-private partnership, has
successfully eradicated the boll weevil from all U.S. cotton-
producing regions except for the extreme lower parts of Texas
in the Lower Rio Grande Valley (LRGV) bordering Tamaulipas,
Mexico. Growers in the LRGV, with assistance from APHIS and the
support of the entire industry, continue to conduct an active
program to eradicate the boll weevil. The LRGV serves as the
barrier between boll weevil infested areas of Mexico and boll
weevil-free areas of the United States.
Disease Surveillance.--Recognizing the importance of
disease surveillance among APHIS-inspected animals, the
Committee encourages APHIS to continue to explore partnerships
with veterinary medicine programs to establish a formal disease
surveillance network.
Emergency Outbreaks.--The Committee continues to include
specific language relating to the availability of funds to
address emergencies related to the arrest and eradication of
contagious or infectious diseases or pests of animals, poultry
or plants. The Committee expects the Secretary to continue to
use the authority provided in this bill to transfer funds from
the CCC for the arrest and eradication of animal and plant
pests and diseases that threaten American agriculture. By
providing funds in this account, the Committee is enhancing,
not replacing, the use of CCC funding for emergency outbreaks.
Emergency Preparedness and Response.--The Committee
continues to provide funding for the Animal Care Program to
coordinate with the Federal Emergency Management Agency on the
National Response Plan and to support state and local
governments' efforts to plan for protection of people with
animals and incorporate lessons learned from previous
disasters.
Feral swine.--The Committee maintains the 2020 funding
level for feral swine eradication efforts. The Committee
encourages APHIS Wildlife Services to use all approved measures
as a force multiplier and prioritize states with the highest
population of feral swine.
Final rule on horse protection.--The Secretary is strongly
urged to reinstate and publish the final rule, Horse
Protection; Licensing of Designated Qualified Persons and Other
Amendments (Docket No. APHIS-2011-0009), as it was finalized
and displayed in advance public notice in the Federal Register
on January 19, 2017, with effective dates adjusted to reflect
the delay in implementation.
HLB MAC Group.--The Committee recognizes the significant
economic impact of this disease on the citrus industry, which
is especially acute in Florida and a growing concern in both
Texas and California. The Committee also understands that
growers are requesting the right to try treatments that have
begun to show success in early stages of testing. The Committee
encourages the HLB MAC group to explore and identify new
methods to expedite the delivery of promising treatments
directly to willing growers, regardless of the phase of
observation the treatment is at within the research pipeline.
Finally, the Committee expects any funds which are redirected
from existing HLB MAC projects be repurposed to other priority
HLB MAC projects that are showing promising results in order to
ensure these critical funds remain committed to help facilitate
the design and implementation of the rapid delivery pathway to
growers.
Horse Protection Act.--The Committee provides $2,000,000
for enforcement of the Horse Protection Act of 1970 and reminds
the Secretary that Congress granted the agency primary
responsibility to enforce this law.
Huanglongbing Emergency Response.--The Committee maintains
the 2020 funding levels for HLB emergency response within the
Specialty Crop Pests line item. The Committee encourages APHIS
to allocate sufficient resources in order to continue vital
management, control, and associated activities to address
citrus greening. The disease, for which there is no cure, has
caused a reduction in citrus production by over 70 percent
since 2007 in Florida alone. All citrus producing counties in
Texas are under quarantine, and California has found the Asian
Citrus Psyllid, the vector of the disease, in several areas of
the state, and citrus greening in some residential trees. The
spread of this disease has called into question the future of
the domestic citrus industry, costing thousands of jobs and
millions of dollars in lost revenue. The agency is encouraged
to support priorities and strategies identified by the HLB MAC
group which will benefit the citrus industry. The agency should
appropriately allocate resources based on critical need and
maximum effect to the citrus industry.
The Committee also provides $8,500,000 for citrus health to
support priorities and strategies identified by the HLB MAC
group. The HLB MAC is focused on solutions to help the citrus
industry, and the cooperative nature of federal, state, and
industry representatives in this group is expected to result in
the development of tools and techniques to address this
devastating disease. The MAC has been an effective resource in
helping growers explore new possible solutions. The agency
should appropriately allocate resources based on critical need
and maximum impact to the citrus industry. These citrus health
activities directly protect citrus production on approximately
765,000 acres in the United States worth more than $11 billion
in total.
In and Out Bound Market Access Report.--The Committee
awaits the report from APHIS on U.S. out-bound and foreign in-
bound agricultural market access.
Inspection Reports.--The bill provides $31,772,000 for the
Animal Welfare program in order to ensure that minimum
standards of care and treatment are provided for certain
animals bred for commercial sale, used in research, transported
commercially, or exhibited to the public.
This level includes funding to support the agreement
between APHIS and ARS, under which APHIS conducts compliance
inspections of ARS facilities to ensure compliance with the
regulations and standards of the Animal Welfare Act. The
Committee directs APHIS to conduct inspections of all such ARS
facilities and to post the resulting inspection reports on line
in their entirety without redactions except signatures. The
Committee continues to direct APHIS to transmit to the
Committees all inspection reports involving ARS facilities,
including pre-compliance inspections. These facilities involve
federal funds over which this Committee has oversight
responsibilities. APHIS is directed to include every violation
its inspectors find and never to frustrate the Committee's
oversight activities by using so-called ``teachable moments'''
or other means of not reporting ARS facility violations.
National Animal Health Laboratory Network (NAHLN).--The
laboratories within the NAHLN network are on the frontline for
detection of newly identified and reemerging animal diseases.
NAHLN laboratories provide a critical contribution to animal
and public health. The bill continues to provide funding for
NAHLN through both APHIS and NIFA at approximately $12,700,000
and $4,300,000, respectively, resulting in a total investment
of no less than $17,000,000 for fiscal year 2021. This amount
is in addition to mandatory funding provided through the 2018
Farm Bill for Animal Disease Prevention and Management. The
Committee encourages the Department to provide robust funding
from the 2018 Farm Bill for NAHLN. These laboratories were
invaluable during the 2015 outbreak of HPAI, which
significantly increased testing needs. At the same time, NAHLN
laboratories must also continue testing for other animal
diseases of concern.
National Clean Plant Network (NCPN).--Of the funds made
available for the National Clean Plant Network (NCPN),
appropriate consideration shall be provided for equipment
purchases to ensure the establishment of a redundant diagnostic
and therapy center for the NCPN-Berries. Further, funding for
the NCPN-Berries diagnostic center shall be no less than the FY
2020 level. The Committee also expects a full report within 90
days of enactment detailing the history of the NCPN-Berries
program, the complete plan for future work, and the effort to
establish adequate diagnostic and therapeutic redundancy.
National Honeybee Disease Survey Report.--The Committee
continues funding the survey at the 2020 level. Since 2009, a
national survey of honeybee pests and diseases has been funded
annually by APHIS along with other federal and non-federal
partners to document which bee diseases, parasites, or pests of
honeybees are present and/or likely absent in the U.S. This
information will help place current and future epidemiological
studies in context and thus may indirectly help investigations
of emerging conditions.
Pacific Ants.--Congress encourages APHIS, ARS, and the
Forest Service to lead the revision of the Biosecurity Plan for
Invasive Ants in the Pacific, in collaboration with U.S. and
international partners. The plan should include (1) research;
(2) the development of technologies and methodologies for
prevention, eradication and control of invasive ants; and (3)
the collaborative implementation of projects to prevent,
monitor and control invasive ants in affected Pacific islands.
Pale Cyst Nematode Eradication.--The Committee includes
funding to maintain resources for the pale cyst nematode
eradication program at the 2020 level in order to continue with
successful efforts to eradicate this pest. If left untreated,
this pest could spread, affecting other crops.
Roseau Cane.--The Committee remains concerned with the
invasive species-scale insect pest that is destroying Roseau
cane in the Mississippi River Delta region along the Gulf of
Mexico. The Committee directs APHIS to continue to work with
ARS and stakeholders and continues to provide no less than
$2,000,000 within Field Crop and Rangeland Ecosystems Pests to
further develop an integrated management program for control of
the Roseau cane scale insect pest infestation.
Searchable databases.--The Committee directs APHIS to
ensure that the searchable databases in Section 788 of P.L.
116-94 are searchable at least to the same extent that they
were on January 30, 2017 in terms of both function and content.
Spotted Lanternfly.--The Committee continues to be
concerned about the recent Spotted Lanternfly outbreak and
provides an increase of $4,000,000 to support efforts in
combatting this pest.
Wildlife Services.--The Committee is aware that Wildlife
Services has worked with landowners to deploy nonlethal
strategies, e.g., fladry, electric fencing, and livestock
guardian dogs, to reduce predator depredation on livestock. In
FY 2020, the Committee provided an increase of $1,380,000 for
Wildlife Services to hire personnel exclusively to: (1) promote
and implement nonlethal livestock-predator conflict deterrence
techniques in selected states; and (2) assist in providing
training in these techniques to agricultural producers,
landowners, and other agency personnel in collaboration with
the National Wildlife Research Center. This would include
research on monitoring methods for efficacy of non-lethal
control methods implemented to reduce predation. The Committee
is maintaining this level of funding for this purpose in FY
2021.
BUILDINGS AND FACILITIES
2020 appropriation.................................... $3,175,000
2021 budget estimate.................................. 2,574,000
Provided in the bill.................................. 3,175,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. +601,000
COMMITTEE PROVISIONS
For Buildings and Facilities of the Animal and Plant Health
Inspection Service, the Committee provides $3,175,000.
Agricultural Marketing Service
MARKETING SERVICES
2020 appropriation.................................... $186,936,000
2021 budget estimate.................................. 148,440,000
Provided in the bill.................................. 188,891,000
Comparison:
2020 appropriation................................ +1,955,000
2021 budget estimate.............................. +40,451,000
COMMITTEE PROVISIONS
For Marketing Services of the Agricultural Marketing
Service (AMS), the Committee provides an appropriation of
$188,891,000. This amount includes an increase of $2,000,000 to
fund the National Organic Standards program at $18,000,000,
doubling the program in just five years. The bill also includes
$8,000,000 for the Farmers Market and Local Food Promotion
Program authorized under the Local Agriculture Market Program
(LAMP) in the Agriculture Improvement Act of 2018. Together
with the Value-Added Producer Grant Program, the bill provides
a total of $20,000,000 for LAMP. This amount is in addition to
$50,000,000 of mandatory funds available for LAMP in fiscal
year 2021. The bill maintains funding for the Acer Access and
Development Program at $6,000,000. The bill also provides a
total increase of $1,809,000 for pay and retirement
contribution.
The Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (P.L. 116-136) included $45,000,000 for AMS to
prevent, prepare for, and respond to coronavirus, domestically
or internationally.
Current Oversupply of Fresh Potatoes.--The committee
encourages AMS to pursue purchases of fresh potatoes, including
those that can also be used for processing and for frozen
potato products.
National Organic Program (NOP).--There continues to be
concern about fraud in the organic program, especially among
imports. AMS is directed to continue providing the Committee
with timely updates on investigations of fraud in organic
markets. The Committee requests that additional funding
provided in the bill for NOP be focused on proactive risk-based
investigations and oversight, enhanced training for certifiers,
and standards development.
Organic Production and Market Data Initiative.--The
Committee notes that the 2018 Farm Bill provides $5,000,000 for
the Organic Production and Market Data Initiative. Accurate
data for the production, pricing and marketing of organic
products is essential to maintaining stable markets,
identifying fraud, creating risk management tools, and tracking
production trends. The National Organic Program should require
mandatory reporting by accredited certifying agents on
aggregate production area certified by crop and location in
order to accurately calculate organic acreage and yield
estimates on a country-by-country basis. USDA shall report to
Congress within one year on the department's current collection
and publication of organic data and identify gaps in the
reporting or collection of organic specific data.
Shelf Stable Items in Farmers to Families Program.--The
Committee encourages USDA to consider purchasing shelf stable
items, such as dehydrated potatoes, during any expansion of the
program.
LIMITATION ON ADMINISTRATIVE EXPENSES
2020 limitation....................................... ($61,227,000)
2021 budget limitation................................ (60,982,000)
Provided in the bill.................................. (61,227,000)
Comparison:
2020 limitation................................... - - -
2021 budget limitation............................ +245,000
COMMITTEE PROVISIONS
The Committee provides a limitation of $61,227,000 on
Administrative Expenses of the Agricultural Marketing Service.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... ($20,705,000)
2021 budget estimate.................................. (20,705,000)
Provided in the bill.................................. (20,705,000)
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For the Marketing Agreements and Orders Program, the
Committee provides a transfer from Section 32 funds of
$20,705,000. The following table reflects the status of this
fund:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD FISCAL YEARS 2020-2021
(Dollars in Thousands)
----------------------------------------------------------------------------------------------------------------
FY 2020 FY 2021 Committee
enacted estimate provision
----------------------------------------------------------------------------------------------------------------
Appropriation (30% of Customs Receipts)......................... $15,123,425 $22,696,566 $22,696,566
Less Transfers:
Food and Nutrition Service.................................. -13,535,592 -21,081,566 -21,081,566
Commerce Department......................................... -183,833 -184,000 -184,000
-----------------------------------------------
Total, Transfers........................................ -13,719,425 -21,265,566 -21,265,566
Budget Authority, Farm Bill..................................... 1,404,000 1,431,000 1,431,000
Appropriations Temporarily Reduced--Sequestration........... 0 0 -71,136
-----------------------------------------------
Budget Authority, Appropriations Act.................... 1,404,000 1,431,000 1,359,864
Less Obligations:
Child Nutrition Programs (Entitlement Commodities).......... 485,000 485,000 485,000
State Option Contract....................................... 5,000 5,000 5,000
Removal of Defective Commodities............................ 2,500 2,500 2,500
Disaster Relief............................................. 5,000 5,000 5,000
Additional Fruits, Vegetables, and Nuts Purchases........... 206,000 206,000 206,000
Fresh Fruit and Vegetable Program........................... 179,000 183,000 183,000
Estimated Future Needs...................................... 392,667 487,049 415,913
-----------------------------------------------
Total, Commodity Procurement............................ 1,275,167 1,373,549 1,302,413
Administrative Funds:
Commodity Purchase Support.................................. 35,853 36,746 36,476
Marketing Agreements and Orders............................. 20,705 20,705 20,705
-----------------------------------------------
Total, Administrative Funds............................. 56,558 57,451 57,451
-----------------------------------------------
Total Obligations........................................... $1,331,725 $1,431,000 $1,359,864
----------------------------------------------------------------------------------------------------------------
Cranberry Purchases.--The Committee remains concerned about
low cranberry commodity prices and associated farm losses that
US cranberry producers have incurred over the past three years.
Retaliatory tariffs in major export markets coupled with high
yields across major producing areas have negatively impacted
efforts by the industry and USDA to expand new markets and
address current pressures on farm income. The Committee expects
USDA to continue closely monitoring the cranberry industry
markets and to initiate a Section 32 purchase of cranberry
products if an economic analysis supports such a buy and if
there are recipients who can accept the products.
PAYMENTS TO STATES AND POSSESSIONS
2020 appropriation.................................... $1,235,000
2021 budget estimate.................................. - - -
Provided in the bill.................................. 1,235,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. +1,235,000
COMMITTEE PROVISIONS
For Payments to States and Possessions, the Committee
provides an appropriation of $1,235,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
2020 limitation....................................... ($55,000,000)
2021 budget limitation................................ (55,000,000)
Provided in the bill.................................. (55,000,000)
Comparison:
2020 limitation................................... - - -
2021 budget limitation............................ - - -
COMMITTEE PROVISIONS
The Committee includes a limitation on inspection and
weighing services expenses of $55,000,000.
OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
2020 appropriation.................................... $800,000
2021 budget estimate.................................. 813,000
Provided in the bill.................................. 809,000
Comparison:
2020 appropriation................................ +9,000
2021 budget estimate.............................. -4,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food Safety, the
Committee provides an appropriation of $809,000.
Food Safety and Inspection Service
2020 appropriation.................................... $1,054,344,000
2021 budget estimate.................................. 1,092,405,000
Provided in the bill.................................. 1,088,552,000
Comparison:
2020 appropriation................................ +34,208,000
2021 budget estimate.............................. -3,853,000
COMMITTEE PROVISIONS
For the Food Safety and Inspection Service (FSIS), the
Committee provides an appropriation of $1,088,552,000. This
amount includes $7,300,000 for the relocation of the Mid-
Western Laboratory, $4,684,000 for Information Technology
modernization investments, $1,000,000 for the inspection of
wild caught invasive species in the order siluriformes and
family Ictaluridae, including blue catfish in the Chesapeake
Bay, and resources for the Consumer Safety Inspection
Conversion.
The Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (P.L. 116-136) included $33,000,000 for FSIS to
prevent, prepare for, and respond to coronavirus, domestically
or internationally.
The following table reflects the Committee's
recommendations for fiscal year 2021:
FOOD SAFETY AND INSPECTION SERVICE
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal Inspection.................................... $970,197
Public Health Data Communication Infrastructure System 34,580
International Food Safety and Inspection.............. 17,045
State Food Safety and Inspection...................... 66,730
-----------------
Total, Food Safety and Inspection Service......... $1,088,552
------------------------------------------------------------------------
Beef Inspection.--The Committee is concerned about FSIS'
consideration of line-speed waivers for beef slaughter plants.
The Committee objects to any process that bypasses the
longstanding process of public notice and input. The Committee
directs any proposed changes to the beef inspection system go
through the normal regulatory process and be published in the
Federal Register.
COVID-19 Response.--FSIS is responsible for ensuring the
safety of the nation's meat and poultry supply, while ensuring
the safety of its inspectors. During the COVID-19 outbreak,
FSIS has tragically failed to protect its workforce. At least
four FSIS inspectors have died from COVID-19. USDA failed to
promptly provide Personal Protective Equipment to inspectors.
Additional mitigation measures to protect inspectors from
COVID-19 risks should have been implemented much more quickly,
including mandatory social distancing and increased screening
measures in establishments to reduce the spread of COVID-19.
FSIS also relocated inspectors from closed establishments that
had had COVID-19 outbreaks to other establishments, potentially
increasing the spread of the disease and placing other people
at risk. FSIS is directed, effective when this bill is reported
by the full committee, to publish on its website the number of
confirmed COVID-19 cases and deaths among FSIS inspectors and
to update those numbers within five business days of receiving
any updated numbers.
FSIS Rulemaking.--The Committee has reviewed the Inspector
General's (IG) recent report on the rulemaking process relating
to worker safety analysis that was used to develop the
modernized swine slaughter rule. The Committee is deeply
concerned with the IG's findings about the shortcomings in
meeting transparency requirements and determining the
reliability and quality of worker safety data used in the
rulemaking. The Committee directs FSIS to expeditiously
implement all recommendations identified in the IG report. The
agency shall brief the Committee within 60 days of enactment on
updates to the internal procedures on rulemaking and
communication efforts with the public on the data used in
developing the rule.
Humane Methods of Slaughter.--The Food Safety and
Inspection Service shall ensure that all inspection personnel
conducting humane handling verification procedures receive
robust initial training and periodic refresher training on the
FSIS humane handling regulations, FSIS humane handling and
slaughter directives, and proper use of the Humane Activities
Tracking System. The Committee directs the agency to resume
preparation and online posting of the Humane Handling Quarterly
Reports, to include: (1) the number of humane handling
verification procedures performed, (2) the number of
administrative enforcement actions taken, (3) time spent on
Humane Handling Activities Tracking System activities, and (4)
comparisons of these measurements by plant size and FSIS
district.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production And Conservation
2020 appropriation.................................... $901,000
2021 budget estimate.................................. 1,141,000
Provided in the bill.................................. 916,000
Comparison:
2020 appropriation................................ +15,000
2021 budget estimate.............................. -225,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Farm Production
and Conservation (FPAC), the Committee provides an
appropriation of $916,000.
Acreage Adoption Initiative.--The Committee recognizes the
conservation benefits of USDA's new pilot program, CLEAR30. The
Committee encourages USDA, through the Lake Erie Basin Project,
to explore creating a similar pilot project that allows farmers
to adopt an acre of land around the basin to survey and
research soil nutrient outcomes, through experiments with cover
crops, phosphorus, carbon dioxide, and nitrogen. The Committee
directs NRCS to inform the Committee of the pilot program's
feasibility.
Agricultural Labor.--The Committee is concerned with the
lack of available domestic agricultural workers and the
increasing demand for agricultural labor across the United
States. For this reason, the Committee encourages the Secretary
to report to the Committee on the size of the agricultural
workforce in the United States. The report should include the
number of workers in the current agricultural labor force and
the number of agricultural job vacancies in the United States.
The report should assess both year-round and seasonal
agricultural labor.
Information Technology Briefing.--The Committee directs the
Under Secretary to provide briefings during fiscal year 2021 on
the development and combination of information technology
systems, specifically farm program modernization and the latest
updates to the farmers.gov website.
Livestock Indemnity Payments.--The Committee is concerned
the current process for producers to apply for reimbursement
due to attacks by animals under the Livestock Indemnity Program
is burdensome and does not fully compensate producers for their
loss. The Committee directs the Secretary to provide a report
to the Committee within 180 days of enactment on factors
contributing to producers' challenges in the application
process for the Livestock Indemnity Program. The report shall
examine ways to streamline, simplify, and improve the
application process for producers, and make recommendations on
possible methods to fully and fairly compensate producers for
direct and indirect costs of eligible attacks.
Livestock Indemnity Payments for Adverse Weather.--The
Committee is aware that millions of farmed animals die each
year due to the effects of adverse weather. Extreme weather
events are occurring at increased frequency, putting additional
livestock at risk. The Committee recognizes the importance of
disaster planning and directs the Department to work with
producers that want to voluntarily develop disaster plans to
prevent livestock deaths and injuries.
Watershed Projects.--The Committee directs the Secretary to
report on the status of all federally funded watershed projects
throughout the States and territories that remain unfinished or
incomplete due to lack of funds. The Committee encourages the
Department to focus on active projects that are over 50 percent
complete and where participating states and territories have
contributed their share of the project costs.
Farm Production and Conservation Business Center
SALARIES AND EXPENSES
2020 appropriation.................................... $203,877,000
2021 budget estimate.................................. 243,602,000
Provided in the bill.................................. 232,194,000
Comparison:
2020 appropriation................................ +28,317,000
2021 budget estimate.............................. -11,408,000
COMMITTEE PROVISIONS
For the Farm Production and Conservation Business Center
(FPAC BC), the Committee provides an appropriation of
$232,194,000. While the Committee strongly supports FPAC's
digital records initiative request, especially efforts to
improve the efficiency and effectiveness of field offices by
eliminating paper forms, it is concerned with the large lapsing
balances in the FPAC Mission Area at the end of fiscal year
2019. The Committee will continue to monitor these balances to
determine appropriate funding levels.
Process Modernization.--The Committee recognizes that
implementing the requirements of the 21st Century Integrated
Digital Experience Act will enable the FPAC BC to improve
digital service delivery for farmers, ranchers and internal
workflows. The Committee supports FPAC BC's efforts to
modernize its internal and external digital services and
encourages FPAC BC to continue focusing on requirements that
will most effectively modernize farmer-facing services,
including modernizing its paper-based forms.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Transfer from
Appropriation program accounts Total, FSA S&E
----------------------------------------------------------------------------------------------------------------
2020 appropriation..................................... 1,122,837,000 (291,377,000) 1,414,214,000
2021 budget estimate................................... 1,104,684,000 (294,114,000) 1,398,798,000
Provided in the bill................................... 1,152,323,000 (294,114,000) 1,446,437,000
Comparison:
2020 appropriation................................. +29,486,000 +2,737,000 +32,223,000
2021 budget estimate............................... +47,639,000 - - - +47,639,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For Salaries and Expenses of the Farm Service Agency (FSA),
the Committee provides an appropriation of $1,152,323,000 and
transfers of $294,114,000 for a total program level of
$1,446,437,000.
The Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (P.L. 116-136) included $3,000,000 for the Farm
Service Agency to prevent, prepare for, and respond to
coronavirus, domestically or internationally.
Dryland Farming.--The Committee recognizes the importance
of the authority granted to the Secretary in the 2018 Farm Bill
to permit dryland agricultural uses on land enrolled under a
Conservation Reserve Enhancement Program (CREP) agreement and
encourages the use of this discretion to permit dryland
agriculture within new or modified CREP projects where
irrigated agriculture is currently taking place.
Heirs Property.--The Committee acknowledges and appreciates
the listening sessions conducted by the FSA on heirs property
issues and encourages the FSA to continue to work with local
persons knowledgeable about heirs property issues and to
implement the program in such a way that it is accessible to
those who could benefit. The Committee directs FSA to inform
the Committee on how it will implement input from the listening
sessions. The Committee also directs the FSA to create a
strategic plan that addresses issues that could prevent heirs
property owners from accessing and benefiting from the program,
including the difficulties of collateralization for those with
limited assets and credit history.
Noninsured Crop Disaster Assistance Program (NAP)
Fairness.--The Committee is aware of the recent ruling from the
USDA National Appeals Division finding that the FSA did not
follow its own rules while attempting to adjust the approved
yields for farmers and ranchers in Rio Arriba County, NM.
Within 120 days of the enactment of this legislation, USDA
shall review the Farm Service Agency's actions, consistent with
this ruling, and provide a report to the Committee on which
counties in the United States may have been impacted by similar
decisions from State FSA directors and what mitigating actions
the Agency plans to take. The Committee directs the USDA to
provide equitable relief to the impacted farmers and ranchers
and directs USDA to make reforms to the NAP policies and
procedures to ensure farmers and ranchers are held harmless
when errors are discovered.
Small Farms.--The Committee is concerned that a majority of
financial and technical assistance goes to larger farmers. The
Department should make every effort to reach smaller farmers.
The committee awaits the report on small farms as directed by
House Report 116-107.
Staffing Levels.--The Committee is concerned about staffing
shortages at FSA offices. No later than 90 days from the
enactment of this Act, the Committee directs the Secretary to
submit a report to Congress with an administrative breakdown of
allotment levels by State, current full-time equivalents,
current on-board permanent employees by State, and funded
ceiling levels by State.
STATE MEDIATION GRANTS
2020 appropriation.................................... $5,545,000
2021 budget estimate.................................. 6,914,000
Provided in the bill.................................. 6,914,000
Comparison:
2020 appropriation................................ +1,369,000
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For State Mediation Grants, the Committee provides an
appropriation of $6,914,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
2020 appropriation.................................... $6,500,000
2021 budget estimate.................................. - - -
Provided in the bill.................................. 6,500,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. +6,500,000
COMMITTEE PROVISIONS
For the Grassroots Source Water Protection Program, the
Committee provides an appropriation of $6,500,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
2020 appropriation.................................... $500,000
2021 budget estimate.................................. 500,000
Provided in the bill.................................. 500,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For the Dairy Indemnity Program, the Committee provides an
appropriation of such sums as may be necessary (estimated to be
$500,000 in the President's fiscal year 2021 budget request).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
ESTIMATED LOAN LEVELS
2020 loan level....................................... $8,431,016,000
2021 budget estimate.................................. 8,906,698,000
Provided in the bill.................................. 8,932,176,000
Comparison:
2020 loan level................................... +501,160,000
2021 budget estimate.............................. +25,478,000
COMMITTEE PROVISIONS
For the Agricultural Credit Insurance Fund program account,
the Committee provides a loan level of $8,932,176,000.
The following table reflects the loan levels for the
Agricultural Credit Insurance Fund program account:
AGRICULTURE CREDIT PROGRAMS--LOAN LEVELS
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2020 enacted FY 2021 estimate provision
----------------------------------------------------------------------------------------------------------------
Farm Loan Programs:
Farm Ownership:
Direct................................................ $1,875,000 $2,119,000 $2,119,000
Unsubsidized Guaranteed............................... 2,750,000 2,750,000 2,750,000
Farm Operating:
Direct................................................ 1,550,133 1,633,333 1,633,333
Unsubsidized Guaranteed............................... 1,960,000 2,118,482 2,118,482
Emergency Loans........................................... 37,668 37,668 37,668
Indian Tribe Land Acquisition Loans....................... 20,000 20,000 20,000
Conservation Loans:
Unsubsidized Guaranteed............................... 150,000 150,000 150,000
Indian Highly Fractionated Land........................... 10,000 - - - 10,000
Boll Weevil Eradication................................... 60,000 60,000 60,000
Relending Program......................................... 18,215 18,215 33,693
-----------------------------------------------------
Total............................................. 8,431,016 8,906,698 8,932,176
----------------------------------------------------------------------------------------------------------------
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Direct loan Guaranteed loan Administrative
subsidy subsidy expenses
----------------------------------------------------------------------------------------------------------------
2020 appropriation........................................ $58,440 $20,972 $317,068
2021 budget estimate...................................... 38,710 23,727 307,344
Provided in the bill...................................... 38,710 23,727 307,344
Comparison:
2020 appropriation.................................... -19,730 2,755 -9,724
2021 budget estimate.................................. - - - - - - - - -
----------------------------------------------------------------------------------------------------------------
The following table reflects the costs of loan programs
under credit reform:
AGRICULTURE CREDIT PROGRAMS--SUBSIDIES AND GRANTS
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2020 enacted FY 2021 estimate provision
----------------------------------------------------------------------------------------------------------------
Farm Loan Subsidies:
Farm Operating:
Direct................................................ $58,440 $38,710 $38,710
Unsubsidized Guaranteed............................... 20,972 23,727 23,727
Emergency Loans........................................... 2,023 207 207
Indian Highly Fractionated Land........................... 2,745 - - - 1,484
Boll Weevil Eradication................................... 60 - - - - - -
-----------------------------------------------------
Relending Program......................................... 5,000
------------------------------2,703-------------5,000
Total............................................. 89,240 65,347 69,128
ACIF Expenses:
FSA Salaries and Expenses............................. 290,917 294,114 294,114
Program Administrative Expenses....................... 10,070 13,230 13,230
FPAC Business Center Salaries and Expenses................ 16,081 - - - - - -
-----------------------------------------------------
Total, ACIF Expenses.............................. $406,308 $372,691 $376,472
----------------------------------------------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
2020 appropriation.................................... $58,361,000
2021 budget estimate.................................. 59,440,000
Provided in the bill.................................. 59,374,000
Comparison:
2020 appropriation................................ +1,013,000
2021 budget estimate.............................. -66,000
COMMITTEE PROVISIONS
For the Risk Management Agency, the Committee provides an
appropriation of $59,374,000.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
2020 appropriation.................................... $829,628,000
2021 budget estimate.................................. 830,186,000
Provided in the bill.................................. 833,785,000
Comparison:
2020 appropriation................................ +4,157,000
2021 budget estimate.............................. +3,599,000
COMMITTEE PROVISIONS
For Conservation Operations, the Committee provides an
appropriation of $833,785,000.
The Committee provides $11,715,000 for the Snow Survey and
Water Forecasting Program; $9,559,000 for the Plant Materials
Centers; and $79,665,000 for the Soil Surveys Program. The
Committee provides $732,846,000 for Conservation Technical
Assistance. The Committee provides $2,458,500 for the
farmers.gov Customer Experience Portal program.
Composting.--The Committee encourages NRCS to explore
creating a composting practice within the Conservation
Stewardship Program and the Environmental Quality Incentives
Program. A composting practice may include an activity to
produce compost from organic waste that is generated on a farm
or brought to a farm from the nearby community and use of
compost on a farm to improve water retention and soil health,
subject to the condition that such use complies with applicable
Federal, State, and local laws.
Conservation Data Collection.--The Committee directs the
Department to conduct a study to assess data collected from
producers, across all USDA agencies, related to conservation
practices and describe how that data can be used to increase
and improve conservation efforts. The report should consider
and share what additional data would improve the ability to
better quantify the benefits of these practices. The Committee
directs the Department to share its findings with the
Appropriations Committees no later than one year after
enactment of this Act.
Cover Crop Management.--The Committee provides $1,000,000
from within funds provided and directs the NRCS to bolster
ongoing efforts of the Soil Health Initiative working to link
soil health and cover crop management with an On-Farm Research
Network in conjunction with public and private sector partners.
This work examines the challenges facing producers to increase
cover crop practices and better understand the benefits of
cover crop performance across different regions, management
scenarios, climatic zones and soil types. This project would
further develop a decision-support platform to help producers
establish a cover crop expert network to help producers in corn
producing states establish and manage cover crops, increase
their use and measure the benefits of soil health.
Critical Conservation Areas.--The Committee supports
Critical Conservation Areas and the collaborative regional
approach to address common natural resources goals while
maintaining or improving agricultural productivity. The
Committee encourages NRCS to provide Conservation Technical
Assistance additional funds to Critical Conservation Areas to
address conservation planning backlogs.
EQIP Outreach.--The Committee understands the value of
carbon capture and sequestration for the health of regenerative
soil. Therefore, the Committee directs NRCS to increase
awareness and outreach of the Environmental Quality Incentives
Program (EQIP) to farmers in distressed watersheds, to
incentivize farmers to improve soil carbon capture for improved
land and water health.
Forestry and Wetlands.--The Committee recognizes the
importance of wetlands and forests as effective land cover for
maintenance of water quality. The Committee directs NRCS to
study the ability and effectiveness of managed forestry best
practices to aid in combating and mitigating waste runoff and
toxic elements in affected large water sources and watersheds
where overapplication of toxins and manure is harming
freshwater drinking supplies. NRCS should seek input from
forestry experts. The Committee directs NRCS to report back on
its findings, within 180 days of the enactment of this Act.
Harmful Algal Blooms (HABs).--The Committee recognizes soil
erosion as a leading cause of nutrient runoff, which
substantially increases the frequency, size, and intensity of
HABs. The Committee strongly directs NRCS to continue funding
NRCS's ongoing work to reduce nutrient loading from
agricultural sources that can contribute to the growth of
harmful algal blooms. The funding shall be used for targeting
of watersheds where harmful algal blooms pose a threat and
implementing a variety of conservation systems to address all
transport pathways of phosphorus from agricultural land uses.
NRCS shall coordinate efforts to address harmful algal blooms
with other federal partners through the Interagency Working
Group on Harmful Algal Blooms and Hypoxia Research Control Act
as authorized by Public Law 115-423. Further, within one year
of enactment, the Committee directs NRCS, in collaboration with
the Great Lakes Restoration Initiative to report back on
comparisons between soil health, water quality, and HABs
presence in the Great Lakes.
Mississippi River Basin.--The Committee recognizes that the
Mississippi River basin from Minnesota to Louisiana is a vital
American waterway. The Committee urges the Department to
participate and coordinate as an essential federal stakeholder
with the Environmental Protection Agency on developing a
Mississippi River restoration and resiliency strategy focused
on improving water quality, restoring habitat and natural
systems, improved navigation, eliminating aquatic invasive
species, and building local resilience to natural disasters.
Office of Urban Agriculture and Innovative Production.--The
Committee directs NRCS to maintain grants to support urban
agriculture outreach and innovation and encourages NRCS to
consider expanding the number of grant programs available. To
this extent, the Committee provides an additional $7,000,000
for this office. Of this amount, $1,000,000 is for pilot
programs under section 222(d)(2) of Subtitle A of the
Department of Agriculture Reorganization Act of 1994, as
amended by section 12302 of P.L. 115-334. The Committee also
acknowledges the need for expanded research in support of urban
agriculture in food-insecure communities. Communities that lack
access to fresh produce face growing epidemics of obesity-
related diseases. The Committee believes urban farming and food
production closer to the home is a viable solution to these
challenges and encourages the Department to create partnerships
and, with its extension programs, to assist urban agricultural
production.
Resource Conservation and Development Councils (RC&Ds).--
The Committee recognizes RC&Ds have been valuable partners in
conservation and encourages NRCS to continue working with local
councils, as appropriate, to ensure conservation programs meet
local resource needs.
Sage Grouse Initiative.--The Committee supports NRCS's sage
grouse conservation efforts. Through the initiative, NRCS
provides technical and financial assistance to help landowners
conserve sage grouse habitat on their land. The initiative is
an integral part of efforts by federal agencies, several
western states, and private landowners to help preclude the
listing of the sage grouse as an endangered species.
Soil Health and Food Nutrients.--The Committee understands
different regions of the country have different soil needs to
optimize food nutrient density. The Committee directs NRCS to
conduct targeted regional studies on carbon capture related to
nitrate and phosphorus to the soil components in restoring
regenerative soils and their impact on nutrients in vegetables,
fruits, and farm products, particularly in agricultural regions
where human health has been placed at risk.
Soil Health on Federal Lands.--The Committee directs the
Secretary, in coordination with the Department of the Interior
to conduct a study on the state of soil health on Federal lands
in the United States and provide a report on its findings 180
days after enactment. This study should include an analysis of
the impact grazing, wildfire, recreation, and invasive species
have on the soil; and it should include recommendations for
legislative or regulatory action to improve soil health,
increase carbon sequestration, and improve community benefits
of soil health programs on Federal lands.
Soil Restoration in Watersheds.--The Committee is concerned
about soil quality near watersheds such as the Great Lakes
Basin, Salton Sea, Lake Okeechobee, and the Chesapeake Bay.
Water from these sources, used for agriculture, affects crop
production and soil health, and through groundwater and surface
water runoff, the health of the soil in turn affects adjacent
water sources. Therefore, the Committee directs NRCS to
evaluate outcomes of watershed and cropland projects
implemented through its Conservation Effects Assessment
Project, and report back to the Committee within 180 days of
enactment on the results and effectiveness of conservation
program practices. Emphasis should be placed on regenerative
soil findings, soil health standards that can be established,
and means to improve water quality.
WATERSHED AND FLOOD PREVENTION OPERATIONS
2020 appropriation.................................... $175,000,000
2021 budget estimate.................................. - - -
Provided in the bill.................................. 155,000,000
Comparison:
2020 appropriation................................ -20,000,000
2021 budget estimate.............................. +155,000,000
COMMITTEE PROVISIONS
For the Watershed and Flood Prevention Operations, the
Committee provides an appropriation of $155,000,000.
WATERSHED REHABILITATION PROGRAM
2020 appropriation.................................... $10,000,000
2021 budget estimate.................................. - - -
Provided in the bill.................................. 12,000,000
Comparison:
2020 appropriation................................ +2,000,000
2021 budget estimate.............................. +12,000,000
COMMITTEE PROVISIONS
For the Watershed Rehabilitation Program, the Committee
provides an appropriation of $12,000,000.
CORPORATIONS
Federal Crop Insurance Corporation Fund
2020 appropriation.................................... $9,959,000,000
2021 budget estimate.................................. 8,716,000,000
Provided in the bill.................................. 8,716,000,000
Comparison:
2020 appropriation................................ -1,243,000,000
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For the Federal Crop Insurance Corporation Fund, the
Committee provides an appropriation of such sums as may be
necessary (estimated to be $8,716,000,000 in the President's
fiscal year 2021 budget request).
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... $26,309,033,000
2021 budget estimate.................................. 25,553,096,000
Provided in the bill.................................. 25,553,096,000
Comparison:
2020 appropriation................................ -755,937,000
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For Reimbursement for Net Realized Losses to the Commodity
Credit Corporation, the Committee provides such sums as may be
necessary to reimburse for net realized losses sustained but
not previously reimbursed (estimated to be $25,553,096,000 in
the President's fiscal year 2021 budget request).
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
2020 limitation....................................... ($5,000,000)
2021 budget estimate.................................. (15,000,000)
Provided in the bill.................................. (15,000,000)
Comparison:
2020 limitation................................... +10,000,000
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For Hazardous Waste Management, the Committee provides a
limitation of $15,000,000. The Committee directs the Hazardous
Materials Management Program and the Hazardous Waste Management
Program to coordinate their work to ensure there is no
duplication.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
2020 appropriation.................................... $800,000
2021 budget estimate.................................. 1,036,000
Provided in the bill.................................. 812,000
Comparison:
2020 appropriation................................ +12,000
2021 budget estimate.............................. -224,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Rural
Development, the Committee provides an appropriation of
$812,000.
Appropriate Technology Transfer for Rural Areas (ATTRA).--
The Committee continues to support ATTRA's work with military
veterans.
Climate Adaptation.--The Committee recognizes that the
impacts of climate change--including sea level rise and more
frequent and severe coastal hazards--pose a significant threat
to infrastructure and economic development opportunities in
rural communities. Therefore, the Committee encourages Rural
Development to partner with USDA's Climate Hubs to better
leverage existing USDA programs to provide resources to
communities to invest in infrastructure improvements that will
enhance resilience to future impacts of climate change.
Healthy Food Financing Initiative (HFFI).--HFFI, through
the National Fund Manager, invests in projects that will
increase the supply of and demand for healthy foods in
underserved communities, through loans, grants, and by
providing technical assistance. In order to improve access to
healthy food, particularly in rural areas and Tribal
communities, the Agriculture Improvement Act of 2018 expands
eligible projects to include healthy food enterprises. These
food enterprises include businesses or organizations along the
food supply chain such as food hubs; food producers,
distributors, processors, and manufacturers; commercial
kitchens and food business incubators; mobile markets; and
other direct to consumer markets.
High-Cost Universal Service Fund (USF) Recipients with
Minimum 25/3 Buildout Obligations.--ReConnect funding for
service areas where High-Cost USF recipients under the CAF-II
auction have buildout obligations of 25/3 Mbps or greater for
fixed terrestrial broadband can only be requested by the entity
that is receiving such USF support. Project sponsors that
receive USF support in those areas may only apply for funds
that serve those areas from the 100% loan funding category
under the ReConnect Program. For purposes of clarification,
this limitation on eligibility shall only apply to those areas
(e.g., study areas or census blocks) for which the USF CAF-II
recipient is subject to a buildout obligation of
25/3 Mbps or greater for fixed terrestrial broadband.
Hub Communities.--The Committee encourages the Department
to consider the mission and scope of all program applicants,
including community colleges, hospitals and other regional
public service entities and their ability to effectively
address rural depopulation struggles. These entities are often
located in regional ``hub'' communities larger than the program
population limits, yet without these critical services many of
the surrounding smaller towns could not exist and prosper. The
Committee encourages the Secretary to make grants and loans
available to these institutions, located in rural areas as
defined by current law, and serve rural areas.
Industrial Hemp.--The intent of Congress in Public Law 115-
334 was for industrial hemp to be eligible for all USDA
programs, including Rural Development. Industrial hemp can
significantly benefit struggling rural economies. The Committee
encourages Rural Development to ensure that industrial hemp is
eligible for all competitive grant programs.
Persistent Poverty Areas.--The Committee supports targeted
investments in impoverished areas, particularly in persistent
poverty counties. To understand how programs funded through the
Department are serving these areas, the Committee requested the
Department submit a report to the Committees on Appropriations
of the House and Senate on the percentage of funds allocated by
each rural development program in fiscal years 2017, 2018 and
2019 and estimates for fiscal year 2020 serving individuals
living in persistent poverty counties. The Committee awaits
this report.
Qualified Opportunity Zones.--The Committee recognizes that
Qualified Opportunity Zones were created to incentivize greater
private-sector investments in rural and economically distressed
communities. Given the critical role that USDA Rural
Development programs play in supporting economic development
opportunities in these communities, the Committee encourages
the Under Secretary for Rural Development to develop strategies
to leverage existing RD resources to support greater investment
in communities located in or adjacent to a Qualified
Opportunity Zone.
ReConnect Program.--The Committee provides an additional
$990,000,000 for the ReConnect program to increase access to
broadband connectivity in unserved and underserved rural
communities, targeting areas of the country with the largest
broadband coverage gaps, including those with mountainous
terrain.
Renewable Energy.--The Committee provides $10,000,000 to
establish a pilot program to provide grants to support the use
of renewable energy.
Rural Energy Savings Program (RESP).--The Committee
supports RESP and the opportunity it provides to launch or
expand energy efficiency financing programs. The Committee
urges the Department to conduct outreach to co-ops to build
awareness of the program.
Rural Health.-- The Committee encourages USDA to support
development of infectious disease prevention infrastructure in
rural communities, including by investing in infectious disease
training and supplies for rural medical providers, syringe
services programs, supplies for rural community-based
organizations, and mobile health care delivery.
Telemedicine Services.--The Committee continues to support
Distance Learning and Telemedicine and Broadband grant programs
that assist rural communities in connecting to the rest of the
world and overcoming health disparities that affect rural
communities. The Committee urges the Under Secretary for Rural
Development to continue supporting the utilization of existing
telehealth networks to provide additional access using
telemedicine through partnerships with hub medical centers. The
Committee also encourages focus on Tele-Emergency Medical
Service and Tele-Electrocardiogram for use in building
sustainable models for advanced critical care in populations in
rural areas by improving critical care interventional outcomes
and decreasing the wait time between original access and
treatment for rural populations.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Committee
FY 2020 enacted FY 2021 estimate provision
----------------------------------------------------------------------------------------------------------------
Appropriations............................................ $247,835,000 $483,480,000 $311,942,000
Transfers from:
Rural Housing Insurance Fund Program Account.......... 412,254,000 240,000,000 412,254,000
Rural Development Loan Fund Program Account........... 4,468,000 - - - 4,468,000
Rural Electrification and Telecommunications Loan 33,270,000 38,000,000 33,270,000
Program Account......................................
-----------------------------------------------------
Total, RD Salaries and Expenses................... $697,827,000 $761,480,000 $761,934,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For Salaries and Expenses of the Rural Development mission
area, the Committee provides an appropriation of $311,942,000.
Of the amount provided, $30,000,000 is for the relocation of
staff from the Goodfellow location. The Committee also includes
$4,000,000 for modernization of the loan origination platform
(``UniFi'') and for continued development of a modern platform
for Single-Family Direct Housing and $7,000,000 for the OneRD
guaranteed project for improvement of loan origination and
servicing.
Placemaking: Revitalization of Rural Livable Places.--The
Committee provides an additional $2,000,000 to expand or
enhance cooperative agreements begun in fiscal year 2020 that
utilize public-private partnerships involved in the
``Placemaking Initiative''. Awards should take advantage of
current or future highspeed broadband investments from the
Rural Utilities Service's ReConnect program. Selection criteria
must include geographic and ethnic diversity as well as such
factors as the revitalization and shaping of future town
centers, community and county wellbeing and economic vitality,
and the enhancement of full community participation in creating
growth strategies. Where possible, the three main areas of
Rural Development should support such efforts to help create
greater social and cultural vitality in these livable rural
communities. USDA shall report back to the Committee on how the
Placemaking Initiative can help develop a tool kit that will
allow other rural communities in the future to replicate the
successful drivers of making a rural place more livable.
Rural Development Staffing.--The Committee is concerned by
the pace of operations at the Rural Development (RD) state
offices due to reported staffing shortages. With authority over
sizable financial resources, these programs are uniquely poised
to provide essential services to and increase the economic
competitiveness of underserved rural areas. However, the
Committee is aware that a lack of staff at program offices has
created a cyclical backlog of applications. Such delays and
uncertainty deter potential applicants and fundamentally
undercut the programs' potential impact. The Committee directs
the Department to maintain support of 4,566 total staff years.
Rural Hospitals.--Many rural hospitals have closed in
recent years, with many more vulnerable. Rural hospitals are an
essential pillar of their communities and are necessary to
create the economic growth that is direly needed in rural
communities. USDA has the experience and expertise to help
struggling rural hospitals negotiate, reorganize, and
revitalize. Providing assistance to strengthen their
sustainability will protect taxpayer investments and help
preserve the future of rural health care. The Committee
includes $2,000,000 for technical assistance to vulnerable
hospitals in the Community Facilities portfolio to protect the
government funds already expended and preserve access to health
care in rural communities. In addition, where appropriate, the
Committee directs the Department to provide technical
assistance to those hospitals that seek to refinance their debt
under the new provision for refinancing certain hospital debt
as authorized by Section 6103 of the 2018 Farm Bill, in order
to protect the investment of government funds expended for this
purpose.
Single Family Home Loans.--The Committee continues to
provide the resources to meet demand to assist low and very
low-income applicants obtain decent, safe and sanitary housing
in rural areas. The Committee is aware of possible issues with
small rural communities across the country that may be
ineligible for the USDA Single-Family Housing programs because
they are included in a nearby Metropolitan Service Area (MSA).
The Committee directs USDA to consider a proper definition of
rural, so that cities with low populations and low incomes may
be eligible for this program or other USDA programs that
require a rural designation.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Administrative
Loan level Subsidy level expenses
----------------------------------------------------------------------------------------------------------------
2020 Appropriation........................................ $25,346,000 $116,685 $412,254
2021 Budget Estimate...................................... 24,240,000 40,000 240,000
Provided in the Bill...................................... 25,346,000 77,920 412,254
Comparison:
2020 Appropriation.................................... - - - -38,765 - - -
2021 Budget Estimate.................................. +$1,106,000 +$37,920 +$172,254
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Rural Housing Insurance Fund program account, the
Committee provides a loan level of $25,346,000,000.
The following table reflects the loan levels for the Rural
Housing Insurance Fund program account:
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2020 enacted FY 2021 estimate provision
----------------------------------------------------------------------------------------------------------------
Rural Housing Insurance Fund Loans
Direct............................................ $1,000,000 - - - $1,000,000
Unsubsidized Guaranteed........................... 24,000,000 $24,000,000 24,000,000
Housing Repair (sec. 504)............................. 28,000 - - - 28,000
Rental Housing (sec. 515)............................. 40,000 - - - 40,000
Multi-family Guaranteed (sec. 538).................... 230,000 230,000 230,000
Site Development Loans................................ 5,000 - - - 5,000
Credit Sales of Acquired Property..................... 10,000 10,000 10,000
Self-help Housing Land Development Fund............... 5,000 - - - 5,000
Farm Labor Housing.................................... 28,000 - - - 28,000
-----------------------------------------------------
Total, Loan Authorization......................... $25,346,000 $24,240,000 $25,346,000
----------------------------------------------------------------------------------------------------------------
The following table reflects the costs of loan programs
under credit reform:
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2020 enacted FY 2021 estimate provision
----------------------------------------------------------------------------------------------------------------
Rural Housing Insurance Fund Program ................ ................ ................
Account (Loan Subsidies and Grants): ................ ................ ................
Single Family Housing (sec. 502): ................ ................ ................
Direct............................................ $90,000 - - - $33,300
Housing Repair (sec. 504)......................... 4,679 - - - 2,215
Rental Housing (sec. 515)............................. 12,144 - - - 6,688
Multifamily Housing Revitalization.................... - - - 40,000 30,000
Farm Labor Housing.................................... 8,739 - - - 5,093
Site Development (sec. 524)........................... 546 - - - 355
Self-Help Land (sec. 523)............................. 577 - - - 269
-----------------------------------------------------
Total, Loan Subsidies............................. 116,685 40,000 77,920
Farm Labor Housing Grants............................. 10,000 - - - 10,000
RHIF Expenses:........................................ ................ ................ ................
Administrative Expenses........................... $412,254 $240,000 $412,254
----------------------------------------------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
2020 appropriation.................................... $1,375,000,000
2021 budget estimate.................................. 1,450,000,000
Provided in the bill.................................. 1,450,000,000
Comparison:
2020 appropriation................................ +75,000,000
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For the Rental Assistance Program, the Committee provides a
program level of $1,450,000,000. This provides the estimated
amount to fully fund the program. This amount includes
$40,000,000 for the rural housing voucher program.
MUTUAL AND SELF HELP HOUSING GRANTS
2020 appropriation.................................... $31,000,000
2021 budget estimate.................................. - - -
Provided in the bill.................................. 31,000,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. +31,000,000
COMMITTEE PROVISIONS
For the Mutual and Self-Help Housing program, the Committee
provides an appropriation of $31,000,000.
RURAL HOUSING ASSISTANCE GRANTS
2020 appropriation.................................... $45,000,000
2021 budget estimate.................................. 45,000,000
Provided in the bill.................................. 45,000,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For the Rural Housing Assistance Grants program, the
Committee provides an appropriation of $45,000,000, including
$15,000,000 for rural housing preservation grants.
The Committee encourages USDA to consider utilizing
resources to address families or individuals that have
straight-pipe septic systems or an individual sewage treatment
system that fail to meet state or federal requirements.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... $49,000,000
2021 budget estimate.................................. 60,000,000
Provided in the bill.................................. 49,000,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. -11,000,000
COMMITTEE PROVISIONS
For the Rural Community Facilities Program Account, the
Committee provides an appropriation of $49,000,000. The
Committee does not accept the proposal to establish a cohort
for `non-conforming' loans under the Community Facilities
Direct Loan program.
Community Facility Loans.--The Committee directs the
Department to report on the Community Facilities Direct Loan
and Grant and Community Facilities Guaranteed Loan programs
portfolio within 180 days of enactment of the bill. The report
shall include the number of approved and non-approved
applications for fiscal years 2017-2020 within the North
American Industry Classification System.
Community Facility Projects.--The Committee notes that the
Agriculture Improvement Act of 2018 established a selection
priority under Community Facilities loans and grants for
projects that combat substance use disorder in rural America.
The statutory priority emphasizes prevention, treatment, and
recovery, and the Committee encourages the Department to fund
community-based facilities, not projects that would increase
the number of jail beds in a community.
Rural Courthouses.--The Committee recognizes the importance
of courthouses in rural impoverished communities, particularly
persistent poverty counties, and notes that renovation and
repair of these courthouses are an eligible activity under the
Community Facilities Direct Loan and Grant program.
The following table provides the Committee's
recommendations as compared to the budget request:
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2020 enacted FY 2021 estimate provision
----------------------------------------------------------------------------------------------------------------
Loan Levels:
Community Facility Direct Loans.................... ($2,800,000) ($2,500,000) ($2,800,000)
Community Facility Guaranteed Loans................ (500,000) (500,000) (500,000)
Subsidy and Grants:
Community Facility Direct Loans.................... - - - 20,000 - - -
Community Facility Grants.......................... 32,000 30,000 32,000
Rural Community Development Initiative............. 6,000 - - - 6,000
Economic Impact Initiative......................... 6,000 - - - 6,000
Tribal College Grants.............................. 5,000 10,000 5,000
--------------------------------------------------------
Total, Rural Community Facilities Program $49,000 $60,000 $49,000
Subsidy and Grants............................
----------------------------------------------------------------------------------------------------------------
Rural Business Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... $66,500,000
2021 budget estimate.................................. 7,400,000
Provided in the bill.................................. 62,200,000
Comparison:
2020 appropriation................................ -4,300,000
2021 budget estimate.............................. +54,800,000
COMMITTEE PROVISIONS
For the Rural Business Program Account, the Committee
provides an appropriation of $62,200,000. The Committee does
not accept the proposed changes to the Business and Industry
Guaranteed Loan Program.
The Committee provides resources to operate programs under
the Rural Business-Cooperative Service (RBS). RBS programs
complement lending activities of the private sector by
promoting economic prosperity in rural communities through
improved access to capital and economic development on a
regional scale.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $20,500,000
for the Business and Industry Guaranteed Loan Program to
provide up to $1,000,000,000 in loans.
Arts in rural communities.--The Committee recognizes the
valuable role of the arts in the economic and community
development of rural communities across the country. In
providing grants and assistance under this title, Rural
Development shall continue to support individuals, nonprofits
and small businesses in the arts through these traditional
economic development tools, including business incubators, and
economic development planning and technical assistance.
The following table provides the Committee's
recommendations as compared to the budget request:
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2020 enacted FY 2021 estimate provision
----------------------------------------------------------------------------------------------------------------
Loan Level:
Business and Industry Guaranteed Loans............. ($1,000,000) (1,500,000) (1,000,000)
Subsidy and Grants:
Business and Industry Guaranteed Loans............. 20,500 7,400 16,200
Rural Business Development Grants.................. 37,000 - - - 37,000
Delta Regional Authority/Appalachian Regional 9,000 - - - 9,000
Commission/Northern Border Regional Commission....
--------------------------------------------------------
Total, Rural Business Program Subsidy and $66,500 $7,400 $62,200
Grants........................................
----------------------------------------------------------------------------------------------------------------
The following programs are included in the bill for the
Rural Business Program account: $500,000 for rural
transportation technical assistance and $4,000,000 for
Federally Recognized Native American Tribes, of which $250,000
is for transportation technical assistance.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Administrative
Loan level Subsidy level expenses
----------------------------------------------------------------------------------------------------------------
2020 Appropriation..................................... $18,889 $5,219 $4,468
2021 Budget Estimate................................... - - - - - - - - -
Provided in the Bill................................... 18,889 2,939 4,468
Comparison:
2020 Appropriation................................. - - - -2,280 - - -
2021 Budget Estimate............................... +18,889 +2,939 +4,468
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Intermediary Relending Program Fund Account, the
Committee provides for a loan level of $18,889,000.
For the loan subsidy, the Committee provides an
appropriation of $2,939,000. In addition, the Committee
provides $4,468,000 for administrative expenses.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
2020 appropriation.................................... $50,000,000
2021 budget estimate.................................. - - -
Provided in the bill.................................. 50,000,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. +50,000,000
COMMITTEE PROVISIONS
For the Rural Economic Development Loans Program Account,
the Committee provides for a loan level of $50,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS
2020 appropriation.................................... $26,600,000
2021 budget estimate.................................. $3,000,000
Provided in the bill.................................. 26,600,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. +23,600,000
COMMITTEE PROVISIONS
For Rural Cooperative Development Grants, the Committee
provides an appropriation of $26,600,000. This total includes
$2,800,000 for a cooperative agreement for the Appropriate
Technology Transfer for Rural Areas program and $12,000,000 for
the Value-added Agricultural Product Market Development Grant
Program under the Local Agriculture Market Program in the 2018
Farm Bill.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
2020 appropriation.................................... $6,000,000
2021 budget estimate.................................. - - -
Provided in the bill.................................. 6,000,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. +6,000,000
COMMITTEE PROVISIONS
For the Rural Microentrepreneur Assistance Program (RMAP),
the Committee provides an appropriation of $6,000,000. RMAP
provides loans and grants to non-profit organizations,
community-based financial institutions, and local economic
development councils, which in turn provide technical
assistance services and microloans to rural owner-operated
small businesses and aspiring entrepreneurs. These funds
support the economic development needs of rural communities and
make up for the end of mandatory Farm Bill funding.
RURAL ENERGY FOR AMERICA PROGRAM
2020 appropriation.................................... $706,000
2021 budget estimate.................................. - - -
Provided in the bill.................................. 476,000
Comparison:
2020 appropriation................................ -230,000
2021 budget estimate.............................. +476,000
COMMITTEE PROVISIONS
For the Rural Energy for America Program, the Committee
provides a loan level of $20,000,000 and an appropriation of
$476,000 for the loan subsidy to make loans as authorized by
section 9007 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8107).
Renewable Technologies.--The Committee encourages the
Department to establish a reserve fund for under-utilized
renewable technologies.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... $659,480,000
2021 budget estimate.................................. 614,070,000
Provided in the bill.................................. 610,980,000
Comparison:
2020 appropriation................................ -48,500,000
2021 budget estimate.............................. -3,090,000
COMMITTEE PROVISIONS
For the Rural Water and Waste Disposal Program Account, the
Committee provides an appropriation of $610,980,000. Rural
areas continue to face immense needs and challenges in
attaining safe and clean water, and this program provides
targeted and coordinated support for these communities and is
essential for the delivery of safe, dependable and affordable
water and wastewater to rural America.
Domestic Preference.--The bill includes language specifying
that RUS' Rural Water and Waste Disposal program account
projects utilizing iron and steel shall use iron and steel
products produced in the United States. RUS shall apply the
Environmental Protection Agency's definition of public water
systems while implementing the domestic preference provision.
Open Access Infrastructure.--The Committee is aware that
public entities have invested in open access fiber
infrastructure that is facilitating the delivery of high-speed
broadband services by licensed telecommunications providers,
including the model pioneered by public port authorities. The
Committee understands that while particular open access fiber
projects may be eligible for RUS grants and loans, more
generally, there exist significant barriers to government
backing for these types of open access investments. The
Committee believes RUS programs should support financially
feasible open access infrastructure projects that meet program
goals. The Committee urges RUS to ensure the agency's criteria
and application processes provide for fair consideration of
open access projects by accounting for the unique structures
and opportunities such projects present in advancing broadband
deployment in unserved and underserved communities.
Sewage Management.--The Committee supports the development
of a multi-faceted solution to the problem of raw sewage
discharge in rural communities.
Technical Assistance and Training Grant Program.--The
Committee provides $35,000,000 for water and waste technical
assistance and training grants. Up to $5,000,000 of these
resources shall be made available, on a competitive basis, to
support the national apprenticeship/workforce development
program to ensure a future pipeline of workers to provide clean
and safe water for the public.
The following table provides the Committee's
recommendations as compared to the budget request:
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2020 enacted FY 2021 estimate provision
----------------------------------------------------------------------------------------------------------------
Loan Levels:
Water and Waste Direct Loans.................... ($1,400,000) ($1,270,000) ($1,400,000)
Water and Waste Guaranteed Loans................ (50,000) (58,333) (50,000)
Subsidy and Grants:
Direct Subsidy.................................. 63,840 - - - - - -
Guaranteed Subsidy.............................. 70 70 60
Water and Waste Revolving Fund.................. 1,000 1,000 1,000
Water Well System Grants........................ 5,000 1,000 5,000
Grants for the Colonias and AK/HI............... 68,000 68,000 68,000
Water and Waste Technical Assistance Grants..... 30,000 40,000 35,000
Circuit Rider Program........................... 19,570 19,000 19,570
Solid Waste Management Grants................... 4,000 4,000 4,000
High Energy Cost Grants......................... 10,000 - - - - - -
Water and Waste Disposal Grants................. 443,000 463,350 463,350
306A(i)(2) Grants............................... 15,000 15,000 15,000
Emergency Community Water....................... - - - 2,650 - - -
-----------------------------------------------------------
Total, Subsidies and Grants................. $659,480 $614,070 $610,980
----------------------------------------------------------------------------------------------------------------
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Administrative
Loan level Subsidy level expenses
----------------------------------------------------------------------------------------------------------------
2020 Appropriation.................................. $6,940,000 $3,795 $33,270
2021 Budget Estimate................................ 6,190,000 4,554 38,000
Provided in the Bill................................ 6,940,000 2,277 33,270
Comparison:
2020 Appropriation.............................. - - - -1,518 - - -
2021 Budget Estimate............................ +750,000 -2,277 -4,730
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Rural Electrification and Telecommunications Loans
Program Account, the Committee provides a loan level of
$6,940,000,000. In addition, the Committee provides $33,270,000
for administrative expenses.
The following table reflects the loan levels for the Rural
Electrification and Telecommunications Loans Program Account:
[Dollars in Thousands]
------------------------------------------------------------------------
FY 2020 FY 2021 Committee
enacted estimate provision
------------------------------------------------------------------------
Loan Authorizations:
Electric:
Direct, FFB............... $5,500,000 $5,500,000 $5,500,000
Guaranteed Underwriting... 750,000 - - - 750,000
-----------------------------------------
Subtotal.............. 6,250,000 5,500,000 6,250,000
Telecommunications:
Direct, Treasury Rate..... 345,000 690,000 345,000
Direct, FFB............... 345,000 - - - 345,000
-----------------------------------------
Total, Loan $6,940,000 $6,190,000 $6,940,000
Authorizations.......
------------------------------------------------------------------------
BROADBAND PROGRAM
[Dollars in Thousands]
------------------------------------------------------------------------
FY 2020 FY 2021 Committee
enacted estimate provision
------------------------------------------------------------------------
Broadband Program:
Loan Authorization........ $11,179 - - - $11,179
Loan Subsidy.............. 2,000 - - - 1,884
Grants.................... 35,000 30,000 35,000
Distance Learning and
Telemedicine:
Grants.................... 50,000 44,000 50,000
-----------------------------------------
Total, Loan Subsidy $87,000 $74,000 $86,884
and Grants...........
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Broadband Program, the Committee provides an
appropriation of $1,884,000 for a loan authorization level of
$11,179,000.
In addition, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) (P.L. 116-136) included $100,000,000
for the ReConnect Loan and Grant Program and $25,000,000 for
Distance Learning and Telemedicine Grants to prevent, prepare
for, and respond to coronavirus, domestically or
internationally.
Broadband Mapping.--The Committee recognizes the
Department's active engagement on accurate mapping, but still
has concerns about maps produced by the Federal Communications
Commission (FCC) to determine eligibility for broadband
programs. These maps may be outdated and do not use the most
accurate and granular data available. This puts rural
communities at a disadvantage, as applicants are unable to
qualify for grants and loans when these maps show their
community, farm, or business has access to a level of service
that they in fact do not. Until Congress and the FCC are able
to produce higher quality maps, the Committee encourages USDA
to explore alternative map options which use more accurate
information to determine eligibility. The Committee also
encourages the Department to conduct a study of how it can
improve its eligibility standards to accurately reflect the
availability of broadband service in the applicant's proposed
service area in order to fairly and effectively determine
eligibility for any loans, grants, or other USDA programs.
Broadband Technologies.--The Committee expects broadband
investments that utilize varying broadband technologies to
maximize coverage of broadband with the most benefit to
taxpayers and the rural communities served. The Department
shall submit a report to the Committees on Appropriations of
the House and Senate no later than 180 days from enactment of
the bill detailing the progress of the ReConnect program,
including technologies used and communities served.
Indian Country Broadband.--The Committee urges the USDA to
responsibly and efficiently take action to increase access to
broadband on rural Tribal lands and supports consultation with
federally recognized Indian Tribes, Alaska Native villages and
corporations, and entities related to Hawaiian homelands.
Precision Agriculture.--The Committee encourages the
Department to identify opportunities for public-private
partnerships to address the scale of the challenge of broadband
infrastructure and Next Generation Precision Agriculture
technology deployment. The Committee also directs the Secretary
to publish a report on their efforts to aggregate local
initiatives and private partnerships in order to develop the
best strategies, and the most effective strategies used by
rural communities to deploy internet infrastructure.
ReConnect Participation.--The Committee notes that in
administering the pilot program established by section 779 of
division A of the Consolidated Appropriations Act, 2018 (Public
Law 115-141), the Secretary of Agriculture shall, for purposes
of determining entities eligible to receive assistance, allow
entities using any form of corporate organization to apply,
including partnerships of corporations or other properly
organized entities. Additionally, the Department shall permit
awardees flexibility to offer service to end-users through
affiliates, where doing so would facilitate completion of the
funded projects, provided that the federal interest in the
funded facilities is adequately secured, whether through a
lien, a letter of credit, a right to recoup payments (in the
case of awardees the Secretary deems to be low-risk), or some
alternate security.
Telehealth Technologies.--The Committee directs USDA to
develop strategies that utilize telehealth technologies to
improve the care of our rural seniors, expectant mothers and
infants.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
2020 appropriation.................................... $800,000
2021 budget estimate.................................. 813,000
Provided in the bill.................................. 809,000
Comparison:
2020 appropriation................................ +9,000
2021 budget estimate.............................. -4,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food, Nutrition,
and Consumer Services, the Committee provides an appropriation
of $809,000.
Dietary Guidelines for Americans.--The Committee reminds
USDA and HHS of the importance of a transparent process and the
use of strong evidence-based science when formulating the 2020
Dietary Guidelines for Americans (DGA). It is critical that the
members of the advisory committee remain unbiased in their
review of science and consider all relevant, evidence-based
science available through the 2020 DGA process.
Farmers' Market Nutrition Programs.--The Committee
recognizes the success of the Senior Farmers' Market Nutrition
Program (SFMNP) and the WIC Farmers' Market Nutrition Program
(FMNP). The Committee directs FNS to research the backlog of
states requesting SFMNP and FMNP funding and to deliver their
findings to the Committees within 180 days of enactment.
Food Recovery.--The Committee recognizes the importance of
preventing edible food from going to waste and encourages FNS
to make The Emergency Food Assistance Program (TEFAP) State
agencies aware of ways in which TEFAP can be leveraged to
support food recovery efforts, including ensuring that TEFAP
State agencies know that TEFAP administrative funds can be used
for costs related to picking up and delivering privately
donated foods. This will assist by encouraging and
strengthening efforts to provide food to underserved regions.
Local Food.--The Committee recognizes the growing demand
for locally and regionally produced food. The Committee
encourages all nutrition programs, to the extent possible, to
engage local agriculture producers to enhance small farmers and
regional producers.
National Waivers.--The Committee urges the Secretary of
Agriculture to issue a nationwide waiver as soon as possible
that extends the current Area Eligibility and Non-Congregate
Feeding waivers and allows school districts to use Summer
Foodservice Program and the Seamless Summer Option regulations
for the duration of the 2020-2021 school year.
Public Release of Information.--The Committee directs FNS
to continue making all policy documents related to the WIC
program (including, but not limited to, instructions,
memoranda, guidance, and questions and answers) available to
the public on the Internet within one week of their release to
WIC state administrators.
Supplemental Nutrition Assistance Program (SNAP).--The
Committee remains aware of the challenges people face when
transitioning out of incarceration, including finding
employment. Access to nutrition assistance is critical to
successfully reentering society as it offers temporary
assistance to ex-offenders as they search for stable
employment. The Committee continues to direct the Department to
research and report ways states, especially those who have
lifted or modified the SNAP drug felony ban, can best serve
this population, such as but not limited to pre-release
applications for SNAP and employment and training programs for
this population and make such findings available online for the
public to utilize.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... $23,615,098,000
2021 budget estimate.................................. 25,040,911,000
Provided in the bill.................................. 25,131,440,000
Comparison:
2020 appropriation................................ +1,516,342,000
2021 budget estimate.............................. +90,529,000
COMMITTEE PROVISIONS
For the Child Nutrition Programs, the Committee provides
$25,131,440,000, which includes $35,000,000 for school meals
equipment grants, $50,000,000 for the Summer Electronic
Benefits Transfer (EBT) for Children Demonstration, and
$1,000,000 for technical assistance related to sodium.
The Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (P.L. 116-136) included $8,800,000,000 for Child
Nutrition Programs to prevent, prepare for, and respond to
coronavirus, domestically or internationally.
Added Sugars in School Meals.--Within one year of
enactment, the Committee requests a report posted publicly on
FNS's website on the amount of added sugars in school meals,
based on the most recent existing data. Specifically, the
Committee is interested in the proportion of meals and
competitive foods that would meet an added sugar standard
consistent with the 2015-2020 Dietary Guidelines for Americans
that no more than 10 percent of calories from the meal or
competitive food item come from added sugars.
Cost of School Meals.--The Committee reminds FNS that it is
interested in understanding the cost of school meals in Guam,
American Samoa, Puerto Rico, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands. It directs FNS to
include all territories, including those that receive block
grants, in any studies it does on the Child Nutrition Programs.
Cost of School Meals in Alaska and Hawaii.--The Committee
directs the USDA to update its 1979 calculation of the national
average payment adjustments in Alaska and Hawaii, which was
required in P.L. 96-627, to reflect the 2021 cost of producing
a school lunch and a school breakfast.
Lead in Water.--The Committee recognizes that communities
across the nation struggle with water access, affordability,
and quality, which can exacerbate nutritional deficiencies. The
Committee recognizes good nutrition can help prevent or
minimize the absorption of lead in the body and encourages USDA
to improve access to nutritional resources in communities
facing lead contamination in their water.
Length of School Meals.--The Committee is aware that
providing adequate time to eat healthy school meals increases
the consumption of fruits and vegetables and minimizes food
waste. The Committee encourages the Department to work with the
Department of Education to help develop materials encouraging
adequate mealtimes.
Local Food in the National School Lunch Program (NSLP).--
The Committee recognizes the NSLP could do more to support
local economies and businesses through increased participation
with local producers and encourages efforts to increase local
food purchases for the NSLP sourced from in-state or
geographically local growers and producers.
Nutrition Guidelines for Older Adults.--The Committee
recognizes that more resources are needed to support the older
adult day care component of the Child and Adult Care Food
Program (CACFP). The Committee directs the Administrator of the
Food and Nutrition Service (FNS) to take steps to better
disseminate existing information that could help state and
local entities involved in providing CACFP meals meet the
varying nutritional needs of older adult participants, as well
as to continue to identify additional promising practices or
other information on meal accommodations to share with CACFP
entities. The Committee directs the FNS Administrator to report
on its progress to the Senate and House Appropriations
Committees within 180 days of enactment of this Act.
Nutrition Innovation and Support.--The Committee recognizes
that consistent access to fresh and nutritious food is vital to
children's health and development. The Committee encourages the
Secretary to provide technical assistance to States pursuing
efficient, flexible, innovative, and data informed delivery
models within the Summer Food Service Program. The Committee
also encourages the Secretary to provide technical assistance
to schools in preparing fresh fruits and vegetables.
Pulse Crop Products Program.--Adding more pulse crops in
the school meal programs may provide a high quality,
affordable, and versatile source of nutrition for our children.
The Committee encourages FNS to build greater awareness in the
number and variety of pulse crop products and pulse ingredients
available and served to children in school.
School Breakfast Expansion Grants.--The Committee remains
concerned that while participation in the School Breakfast
Program is increasing, many children who are eligible for the
School Breakfast Program are not participating. Therefore, the
Committee provides $15,000,000 for grants for expansion of the
School Breakfast Program, of which $2,000,000 is dedicated to
the U.S. territories.
School Nutrition Standards.--Within 120 days of enactment,
the Committee directs the Department to publish on its website
data on the compliance of school food authorities with respect
to the nutritional requirements under section 9(f) of the
Richard B. Russell National School Lunch Act. The data reported
should include the total number of school food authorities in
each state, the number of school food authorities in compliance
with the requirements, and the percentage of school food
authorities in compliance with the requirements by state.
Sodium Reduction.--The Committee recognizes the need for
additional support for schools to meet the sodium-reduction
targets and, of the funds made available for Team Nutrition,
provides $1,000,000 for technical assistance. Within one year
of enactment, the Committee requests a report to be publicly
posted on the agency's website on the use of the funds to
provide schools with technical assistance, training resources,
and mentoring to meet the sodium-reduction targets. Further,
the Committee requests information on USDA's plans to update
the sodium-reduction targets consistent with the 2020 Dietary
Guidelines for Americans recommendations on sodium. The
Committee strongly encourages USDA to work with industry and
other stakeholders to ensure there is a wide variety of lower-
sodium options on the market from which schools can procure.
Summer EBT.--The Committee recognizes the benefits the
Summer Electronic Benefits Transfer (EBT) program has had on
reducing childhood hunger. The Committee provides increased
funding to serve more children and directs the Department to
expand the Summer EBT program into new areas while also
continuing to serve areas that have received such funding in
prior years. The Committee encourages the Secretary to
prioritize Summer EBT projects through the SNAP model because
this model has been shown to have higher levels of
participation and benefit redemption among children included in
the demonstration.
Team Nutrition.--The Committee supports the promotion of
nutritional health of school children by establishing team
nutrition networks to promote physical fitness awareness and
obesity prevention programs, and to establish programs such as
school gardens. The Committee directs the Secretary to submit a
report no later than 180 days after the enactment of this Act
on the program's impact on physical wellness, environmental
awareness, and nutrition.
Training for School Food Service Personnel.--The Committee
recognizes the value of webinars, conference calls, and online
courses in expanding the reach of trainings for school food
service personnel. For any in-person trainings for school food
service personnel, all efforts should be made to ensure those
trainings are held during normal working hours and in the event
such a training is scheduled outside working hours, all efforts
should be made to inform food service personnel of the
necessity of the training.
Yogurt.--The Committee is aware that after soliciting
Requests for Information on the food crediting system for the
school lunch and breakfast programs, FNS decided to maintain
the current crediting standard for strained, high-protein
yogurt. The Committee encourages the Secretary to continue
evaluating how strained, high protein yogurt is credited based
on the best available science and provide an update to the
Committee.
The following table reflects the Committee recommendations
for the child nutrition programs:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Child Nutrition Programs:
School Lunch Program............................. $13,539,797
School Breakfast Program......................... 5,039,086
Child and Adult Care Food Program................ 4,015,116
Summer Food Service Program...................... 551,944
Special Milk Program............................. 7,309
State Administrative Expenses.................... 317,044
Commodity Procurement............................ 1,460,769
Food Safety Education............................ 2,988
Coordinated Review............................... 10,000
Computer Support and Processing.................. 19,366
Training and Technical Assistance................ 34,214
CNP Studies and Evaluations...................... 15,299
CN Payment Accuracy.............................. 11,427
Farm to School Team.............................. 4,077
Team Nutrition................................... 18,004
School Meals Equipment Grants.................... 35,000
Summer EBT Demonstration......................... 50,000
Total........................................ 25,131,440
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
2020 appropriation.................................... $6,000,000,000
2021 budget estimate.................................. 5,451,501,000
Provided in the bill.................................. 5,750,000,000
Comparison:
2020 appropriation................................ -250,000,000
2021 budget estimate.............................. +298,499,000
COMMITTEE PROVISIONS
For the Special Supplemental Nutrition Program for Women,
Infants, and Children, the Committee provides an appropriation
of $5,750,000,000. The Committee provides $90,000,000 for the
breastfeeding peer counselor program and $14,000,000 for
infrastructure.
The Families First Coronavirus Response Act (P.L. 116-127)
included $500,000,000 for the Special Supplemental Nutrition
Program for Women, Infants, and Children program.
USDA data shows that WIC participation rates have decreased
steadily since fiscal year 2010. The President's budget request
includes a projection of an average monthly participation rate
of 6.2 million women, infants, and children for fiscal year
2021.
USDA is estimating recovery and carryover funds to be
higher than average. Furthermore, the Secretary has a WIC
contingency reserve fund as a safety net to meet unexpected
demand. With lower participation rates, higher carryover funds,
and an ample reserve fund, the Committee provides funding that
will ensure all eligible participants will be served. Further,
the Committee notes that any unspent funds from the Families
First Coronavirus Response Act would be available for use in
meeting fiscal year 2021 needs.
The Committee recognizes that, due to COVID-19, funding
needs might change before the final 2021 bill is enacted. The
Committee is steadfast in its commitment to fully fund WIC and
will continue to monitor WIC participation, the status of funds
appropriated in the Families First Coronavirus Response Act,
carryover funds, and food costs, and it will take additional
action as necessary to ensure that funding provided in fiscal
year 2021 remains sufficient to serve all eligible applicants.
Breastfeeding Rates.--The Committee is interested in
understanding how to improve breastfeeding rates, especially as
higher rates have been linked to lower childhood obesity. The
Committee also recognizes that there are many barriers to
breastfeeding as detailed in CDC's 2018 Breastfeeding Report
Card. Each year, FNS awards some state agencies bonus awards
for their successful efforts in promoting and supporting
breastfeeding among WIC participants. The Committee directs FNS
to review the work of awardees from previous years to look for
commonalities and trends.
COVID-19 Outreach and Education.--The Committee encourages
the Department, through the WIC program, to share education and
outreach materials which provide guidance to pregnant women on
the effects and management of COVID-19.
Maternal Mortality Data.--The Committee directs the
Secretary to conduct a review of existing evidence and develop
a plan to build evidence on the impact of the WIC Program on
reducing maternal mortality among specific populations of
mothers with the highest maternal mortality rates in the U.S.,
which includes African American, Native Hawaiian/Pacific
Islander, and Indigenous (American Indian and Alaskan Native)
mothers. An emphasis should be placed on the needs of
disadvantaged communities of color. Within 180 days of the
enactment of this Act, the USDA shall submit to the Committee a
report setting forth a timeline and process for reviewing
existing evidence, building new evidence, and analyzing data,
disaggregated by race and ethnicity, for all the main
categories of indicators tracked, and for publishing an annual,
publicly available report describing the methodology and the
results of the analysis as well as a summary of the data.
WIC Food Package.--The Committee recognizes that up-to-date
food packages, comprised of a diversity of foods and reflective
of community preferences results in women and children
consuming healthy diets. The Committee encourages the Secretary
to propose updates not less than eighteen months following the
scientific review of the WIC food package options.
WIC Study.--The Committee directs FNS to publish state
level estimates of the percentage of pregnant women, infants,
and children under 5 participating in the Supplemental
Nutrition Assistance Program under the Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.) but not in this program and the
percentage of pregnant women, infants, and children up to age 5
participating in the Medicaid program (42 U.S.C. 1396 et seq.)
with income less than the limit in section 17(d)(2)(A)(i) of
the Child Nutrition Act of 1966 but not in this program.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
2020 appropriation.................................... $67,886,285,000
2021 budget estimate.................................. 68,281,364,000
Provided in the bill.................................. 68,277,362,000
Comparison:
2020 appropriation................................ +391,077,000
2021 budget estimate.............................. -4,002,000
COMMITTEE PROVISIONS
For the Supplemental Nutrition Assistance Program, the
Committee provides $68,277,362,000. The total amount includes
$3,000,000,000 for a contingency reserve to be used only in the
amount necessary.
In addition, the Families First Coronavirus Response Act
(P.L. 116-127) included $100,000,000 to provide nutrition
assistance grants to Puerto Rico, American Samoa, and the
Commonwealth of the Northern Mariana Islands, and $400,000,000
for the Emergency Food Assistance Program (TEFAP) to prevent,
prepare for, and respond to coronavirus.
The Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (P.L. 116-136) included $15,500,000,000 in
additional funding for SNAP, $450,000,000 for TEFAP,
$200,000,000 to provide nutrition assistance grants to Puerto
Rico, American Samoa, and the Commonwealth of the Northern
Mariana Islands, and $100,000,000 in additional funding for the
Food Distribution Program on Indian Reservations to prevent,
prepare for, and respond to coronavirus domestically or
internationally.
The President's budget request includes a projection of an
average monthly participation rate of 37.2 million participants
for fiscal year 2021. Due to COVID-19, the Committee is aware
this projection will likely change and is dedicated to fully
funding SNAP.
The Committee strongly condemns USDA's continued efforts to
restrict access and limit eligibility for SNAP. The Committee
recognizes SNAP is one of the most effective forms of economic
stimulus and is dedicated to removing barriers to
participation. Thus, the Committee includes bill language to
block the Able-Bodied Adults Without Dependents rule (ABAWD)
and the Standard Utility Allowance rule (SUA), and strongly
encourages the Secretary to withdraw the Broad-Based
Categorical Eligibility rule (BBCE). These three rules would
take away SNAP benefits from nearly 4 million people and the
Committee believes this will worsen the unprecedented economic
uncertainty among our nation's most vulnerable populations.
College Hunger.--The Committee remains concerned that SNAP-
eligible students who are food-insecure lack proper information
about resources available to them. The Committee continues to
direct FNS to make information available on its website
regarding student SNAP eligibility requirements easier to
understand and more accessible. The Committee further directs
FNS regional offices to collect and review information about
existing SNAP flexibilities and examples of approaches state
SNAP agencies are taking to assist eligible college students to
access SNAP benefits and share such information with state SNAP
agencies. It also directs the Secretary to work with the
Department of Education to share these best practices with
higher education institutions. Finally, it directs USDA to
develop and submit to the Committee a funding proposal to
address college hunger, especially at the community college
level.
Food Distribution Program on Indian Reservations (FDPIR)
Demonstration Project for Tribal Organizations.--The Committee
continues to support FDPIR and the ability of tribal
organizations to enter into 638 self-determination contracts
for the procurement of FDPIR foods, which would promote tribal
sovereignty and allow tailoring of this vital program to meet
specific tribal cultural and local needs. The Committee
provides $3,000,000 for the 638 Tribal Self Governance
Demonstration Program for Tribal Organizations as described in
Section 4003 of P.L. 115-334. The Committee encourages FNS, in
collaboration with AMS, to provide information to the FDPIR
community on how tribal vendors can sell foods to USDA for use
in food distribution programs. The Secretary is directed to
notify the Committee of the Department's efforts to engage
tribes in the demonstration program and tribal participation in
fiscal year 2020.
Nutrition Assistance Program (NAP) Transparency.--The
Committee recognizes the importance of transparency and data
availability for Puerto Rico's Nutrition Assistance Program
(NAP). The Committee continues to direct the Secretary to
publish information regarding monthly enrollment, issuance data
and the Commonwealth's State Plan of Operations for NAP on the
Department's web site.
SNAP Payment Integrity.--The Committee directs the
Secretary to continue reviewing and evaluating the verification
process of earned income at certification and recertification
of applicant households for the SNAP program using electronic
data matching. The fiscal year 2020 Bill provided $2,000,000
for this purpose and the Committee looks forwarding to
reviewing the results of the evaluation.
The following table reflects the Committee recommendations
for SNAP:
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Supplemental Nutrition Assistance Program Account:
Benefits......................................... $56,152,245
Contingency Reserve.............................. 3,000,000
Administrative Costs:
State Administrative Costs....................... 5,313,427
Nutrition Education and Obesity Prevention Grant 448,000
Program.........................................
Employment and Training.......................... 625,778
Mandatory Other Program Costs.................... 278,934
Discretionary Other Program Costs................ 998
------------------
Administrative Subtotal...................... 6,667,137
Nutrition Assistance for Puerto Rico (NAP)....... 1,971,415
American Samoa................................... 7,917
Food Distribution Program on Indian Reservations. 134,000
TEFAP Commodities................................ 322,500
Commonwealth of the Northern Mariana Islands..... 12,148
Community Food Project........................... 5,000
Program Access................................... 5,000
Subtotal..................................... 2,457,980
Total.................................... $68,277,362
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
2020 appropriation.................................... $344,248,000
2021 budget estimate.................................. 80,700,000
Provided in the bill.................................. 390,700,000
Comparison:
2020 appropriation................................ +46,452,000
2021 budget estimate.............................. +310,000,000
COMMITTEE PROVISIONS
The Committee provides an appropriation of $390,700,000 for
the Commodity Assistance Program. The recommended funding level
for the Commodity Supplemental Food Program is $290,000,000.
The Committee recognizes the importance of the CSFP, which
improves the health of low-income elderly persons at least 60
years of age by supplementing their diets with nutritious
foods. The amount provided fully funds expected caseload.
The Committee recommendation includes $20,000,000 for the
Farmers' Market Nutrition Program, an increase of $1,452,000,
and maintains the 2020 levels of $79,630,000 for administrative
funding for The Emergency Food Assistance Program (TEFAP) and
$1,070,000 for the Food Donations Programs for Pacific Island
Assistance.
TEFAP Handling and Distribution Costs.--In addition to
grant funds supporting commodity handling and distribution
costs, the bill permits states to use up to 20 percent of the
funds provided for purchasing TEFAP commodities to help with
the costs of storing, transporting, and distributing
commodities. The Committee expects state agencies to consult
with their emergency feeding organizations on the need for the
conversion of such funds.
NUTRITION PROGRAMS ADMINISTRATION
2020 appropriation.................................... $155,891,000
2021 budget estimate.................................. 155,251,000
Provided in the bill.................................. 156,368,000
Comparison:
2020 appropriation................................ +477,000
2021 budget estimate.............................. +1,117,000
COMMITTEE PROVISIONS
For Nutrition Programs Administration, the Committee
provides $156,368,000, including $2,000,000 to continue the
Congressional Hunger Center Fellows Program.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
2020 appropriation.................................... $875,000
2021 budget estimate.................................. 891,000
Provided in the bill.................................. 887,000
Comparison:
2020 appropriation................................ +12,000
2021 budget estimate.............................. -4,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Trade and Foreign
Agricultural Affairs, the Committee provides an appropriation
of $887,000.
Program Flexibilities.--The Committee supports expanding
the utilization of various modalities, including vouchers,
monetary transfers, and locally and regionally procured
assistance, in addition to in-kind contributions from the
United States, in order to address hunger and assist those in
emergency situations around the globe with the most
appropriate, efficient, and timely means available. The
Committee recognizes that protocols are in place to assist in
determining which modality response is most appropriate for
each situation. This modality decision tool incorporates
factors such as market suitability, context-specific restraints
to success and identified objectives, and cost efficiency.
Given the level and scale of complex international humanitarian
disasters, and the fact that population needs and contexts
differ widely among crises, the Committee encourages the
Department to utilize whatever modality responses are most
appropriate, including use of local or regional procurement,
cash transfers, vouchers, and in-kind contributions from the
United States.
Office of Codex Alimentarius
2020 appropriation.................................... $4,775,000
2021 budget estimate.................................. 4,817,000
Provided in the bill.................................. 4,805,000
Comparison:
2020 appropriation................................ +30,000
2021 budget estimate.............................. -12,000
COMMITTEE PROVISIONS
For the Office of Codex Alimentarius, the Committee
provides an appropriation of $4,805,000.
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Transfer from
Appropriation export loan Total
account
----------------------------------------------------------------------------------------------------------------
2020 appropriation.................................... $215,513,000 $6,063,000 $221,576,000
2021 budget estimate................................... 193,703,000 6,063,000 199,766,000
Provided in the bill................................... 222,243,000 6,063,000 228,306,000
Comparison:
2020 appropriation................................. +6,730,000 - - - +6,730,000
2021 budget estimate............................... +28,540,000 - - - +28,540,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Foreign Agricultural Service, the Committee
provides an appropriation of $222,243,000 and a transfer of
$6,063,000 for a total appropriation of $228,306,000.
The Committee provides increases in funding of $1,540,000
for International Cooperative Administrative Support Services,
$258,000 for Capital Security Cost Sharing, $2,500,000 for
locally employed staff, $727,000 for rightsizing, and
$1,705,000 for pay and retirement contributions.
The Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (P.L. 116 136) included $4,000,000 to relocate FAS
employees and their dependents from overseas.
Farmer-to-Farmer.--The Committee notes that last year's
House report directed USDA to provide a briefing to the
Committee on how USDA can maximize its participation in the
John Ogonowski and Doug Bereuter Farmer-to-Farmer program
(Farmer-to-Farmer). As part of the brief, the Committee directs
USDA to include a list of recommendations for how to enhance
its participation in Farmer-to-Farmer, including a discussion
of how Farmer-to-Farmer can work collaboratively with other
USDA-funded programs such as 4-H, the Cooperative Extension
System, the McGovern-Dole International Food for Education and
Child Nutrition Program, and other government agencies such as
U.S. Fish and Wildlife Service. In addition, the Committee
directs USAID to coordinate with USDA on incorporating the role
of the agricultural officer to maximize the efficacy of the
Farmer-to-Farmer program.
International Agricultural Education Fellowship.--The
Committee provides $1,000,000 for this program as authorized in
the 2018 Farm Bill. The Committee notes that last year's House
Report directed USDA to brief the Committees on how the
International Agricultural Education Fellowship program will
work in collaboration with other ongoing Foreign Agricultural
service program to achieve USDA's goals. The Committee expects
this brief to also include a discussion of how this program
will work in collaboration with other USDA-funded programs such
as 4-H, the Cooperative Extension System, the McGovern-Dole
International Food for Education and Child Nutrition Program,
and other government agencies such as U.S. Fish and Wildlife
Service.
Technical Assistance.--The Committee recognizes the
challenge of global hunger and the need to improve the delivery
of assistance to meet food security requirements and to improve
nutritional standards for underserved populations. The
Committee encourages the Department to provide technical
assistance to international entities and organizations that
develop and improve food and nutrition safety net systems. The
Committee directs the Department to provide to the Committees
on Appropriations of both Houses of Congress, not later than
180 days, after the enactment of this Act a briefing on its
ongoing and previous technical assistance efforts described
above.
U.S.-Central America, Mexico Cooperation.--The Committee
directs FAS to work with its counterparts in Central America
and Mexico to develop agricultural working groups focused on
improving the efficiency of the agricultural inspection process
and agricultural trade facilitation issues. In addition, FAS
shall use existing programs for academic exchanges in
agriculture-related fields of study in this region. The
Committee notes that last year's House Report directed the
Department to brief the Committees on these efforts. The
Committee looks forward to receiving this report.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
2020 appropriation.................................... $142,000
2021 budget estimate.................................. 112,000
Provided in the bill.................................. 112,000
Comparison:
2020 appropriation................................ -30,000
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For administrative expenses to carry out the credit program
of Food for Peace Title I, Food for Peace Act, and the Food for
Progress Act, the Committee provides an appropriation of
$112,000.
Food for Peace Title II Grants
2020 appropriation.................................... $1,725,000,000
2021 budget estimate.................................. - - -
Provided in the bill.................................. 1,775,000,000
Comparison:
2020 appropriation................................ +50,000,000
2021 budget estimate.............................. +1,775,000,000
COMMITTEE PROVISIONS
For Food for Peace Title II grants, the Committee provides
$1,775,000,000.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
2020 appropriation.................................... $220,000,000
2021 budget estimate.................................. - - -
Provided in the bill.................................. 235,000,000
Comparison:
2020 appropriation................................ +15,000,000
2021 budget estimate.............................. +235,000,000
COMMITTEE PROVISIONS
For McGovern-Dole International Food for Education and
Child Nutrition Program Grants (``McGovern-Dole''), the
Committee provides an appropriation of $235,000,000.
Nutrition Targets.--The Committee directs the Department to
submit to the Committees on Appropriations of both Houses of
Congress not later than 180 days after the enactment of this
Act a report on nutrition outcomes achieved by the McGovern-
Dole program.
School Year Considerations.--The Committee recognizes the
importance of making McGovern-Dole program assistance available
at the start of the school term and encourages the Department
to take special efforts to ensure school feeding programs and
the school year begin together.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation.................................... $6,381,000
2021 budget estimate.................................. 6,381,000
Provided in the bill.................................. 6,381,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For administrative expenses of the Commodity Credit
Corporation Export Loans Credit Guarantee Program Account, the
Committee provides an appropriation of $6,381,000.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
[Dollars in Thousands]
------------------------------------------------------------------------
Total, FDA
Appropriation User fees S&E
------------------------------------------------------------------------
2020 Appropriation........... $3,159,678 $2,612,764 $5,772,442
2021 Budget Estimate......... 3,206,564 2,690,735 5,897,299
Provided in the bill......... 3,200,506 2,690,735 5,891,241
Comparison:
2020 Appropriation....... +40,828 +77,971 +118,799
2021 Budget Estimate..... -6,058 - - - -6,058
------------------------------------------------------------------------
The Committee provides an appropriation of $3,200,506,000
in new budget authority for the FDA. In addition, the Committee
recommends the following user fee amounts: $1,119,188,000--
prescription drugs; $238,595,000--medical devices;
$526,039,000--human generic drugs; $42,998,000--biosimilar
biologicals; $31,306,000--animal drugs; $20,609,000--animal
generic drugs; and $712,000,000--tobacco products.
The combination of new budget authority and definite user
fees provides the FDA with a total discretionary salaries and
expenses level of $5,891,241,000. This total does not include
permanent, indefinite user fees for: the Mammography Quality
Standards Act; Export Certification; Priority Review Vouchers
for Pediatric Disease; Food and Feed Recall; Food Reinspection;
Voluntary Qualified Importer Program; Third-Party Auditor
Program; Outsourcing Facilities; and Over-the-Counter
Monograph.
The Committee recommendation includes a net increase of
$40,828,000, including increases for the following programs or
initiatives: Strengthening Response Capabilities for Foodborne
Outbreaks; Cannabis and Cannabis Derivatives; Artificial
Intelligence and Other Emerging Technologies; Transform Medical
Device Safety, Cybersecurity, Review, and Innovation;
Compounding; and Modernizing Influenza Vaccines.
The Committee recommendation does not include proposed user
fees that are not authorized.
Because it was not in the budget request, the Committee
does not include funding for a civilian pay increase across the
agency. Should the President provide a civilian pay increase
for fiscal year 2021, it is assumed that the cost of such a pay
increase will be absorbed within existing appropriations for
fiscal year 2021.
The Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (P.L. 116-136) and the Coronavirus Preparedness and
Response Supplemental Act, 2020 (P.L. 116-123) included a total
of $142,000,000 for the Food and Drug Administration to
prevent, prepare for, and respond to coronavirus, domestically
or internationally. In addition, the Paycheck Protection
Program and Health Care Enhancement Act (P.L. 116-139) included
a transfer of $22,000,000 for FDA activities associated with
COVID-19 tests.
Allergen Labeling.--The Committee provides an increase of
$1,500,000 to the Center for Food Safety and Applied Nutrition
(CFSAN) for work related to allergen labeling. The Committee
remains concerned about limited action to date requiring
labeling for sesame. Sesame allergy is close in prevalence and
higher in severity than some of the major allergens currently
required to be labeled in the United States, and a greater
fraction of adults with sesame allergy reported an emergency
room visit related to food allergy in the past years than
adults with any other major food allergy. Yet sesame is not
labeled on food packages and can be hidden as a spice or
natural flavor. The Committee urges the FDA to act swiftly to
address this risk by requiring labeling for sesame, the same as
other major food allergens.
Animal Drug Compounding.--The Committee wants to ensure
that GFI #256 on animal drug compounding, which FDA issued on
November 20, 2019, does not create the same issues that
resulted in withdrawal of the previous draft guidance, GFI
#230. The Committee expects that any finalized guidance on
compounding for animal health will preserve treatment options
available to veterinarians, will reflect public input, and will
recognize the need for compounded medications by pet owners,
animal shelters, zoos and other stakeholders.
Animal Health Products.--The Committee notes livestock and
pets need innovative animal health products to address unmet
health and nutrition needs and encourages the FDA Center for
Veterinary Medicine to prepare ideas for modernizing the
innovation review process in the next Animal Drug User Fee Act
reauthorization.
Animal Testing.--The Committee is encouraged by FDA efforts
to develop alternatives to the use of live dogs in veterinary
drug testing and allow drug sponsors to use these alternative
non-animal tests in regulatory submissions. The Committee urges
the FDA to expand on these efforts and provide not later than
60 days after the enactment of this Act a report on current FDA
policies and procedures that allow the submission,
consideration, and approval of drug safety data obtained using
human-relevant alternative test methods and on the processes by
which stakeholders and Congress are notified of proposed
changes to FDA animal testing requirements before and after
implementation.
Antimicrobial Resistance.--The Committee provides
$1,000,000 in additional funding to the Food and Drug
Administration for use by the Center for Veterinary Medicine
(CVM) to carry out work combating antibiotic resistance. In
particular, the Committee requests the additional funding be
used to support implementation of FDA's 5-year plan for
supporting antimicrobial stewardship in animals, which includes
steps to mitigate antibiotic resistance by ensuring that
medically important antibiotics for use in food-producing
animals have clearly defined durations of use. The Committee
expects the agency to issue draft guidance describing a
strategy for clearly defining durations of use that are
consistent with existing regulations and guidance in order to
protect public health by the end of fiscal year 2021.
Automated Compounding.--The Committee encourages FDA to
review policies, regulations, and guidance to incorporate and
incentivize the use of automation technology to enhance safety,
improve accuracy, and facilitate compliance in drug
compounding.
Automated Microbial Detection.--The Committee is aware of
automated microbial detection systems in health care
manufacturing and their ability to mitigate risks to the safety
of the American drug supply due to expanding reliance on global
supply chains. The Committee encourages FDA to understand how
these critical technologies can increase the efficiency and
safety of the domestic medical product manufacturing and supply
chain.
Bacterial Risk Control Strategies for Blood Collection.--
The Committee is pleased that FDA finalized its guidance
document on Bacterial Risk Control Strategies for Blood
Collection Establishments and Transfusion Services. The
Committee remains concerned about this risk and urges FDA to
ensure future approvals and clearances consistent with this
guidance for industry are supported by strong patient safety
data.
Biofilm Regulatory Science Research.--Within available
funds for the National Center for Toxicological Research, the
Committee provides $500,000 to increase regulatory research
activities to improve the understanding of biofilms and the
regulatory science of biofilms associated with FDA work on
medical devices, especially devices that may be used multiple
times within a health care setting, drug delivery, and public
health.
Blood Donor Procedures.--The Committee recognizes the need
for scientifically sound, evidence-based policy which
recognizes the importance of specific behavioral-risk factors
for blood borne illness relative to FDA blood donor guidelines.
The Committee directs FDA to continue to evaluate the current
time-based blood donation deferral policy and consider
alternative procedures that would maintain the current level of
safety and reduce the risk of HIV transmission through blood
and blood components.
Cancer Immunotherapy Clinical Trials.--The Committee is
encouraged by FDA's ongoing efforts to accelerate the review
and approval of cancer immunotherapies. In anticipation of an
influx of new clinical trials involving combination regimens,
the Committee urges FDA to work with and provide guidance to
the research community and pharmaceutical industry surrounding
standardized clinical trial design considerations for
immunotherapy-based combinations in order to help clinicians
better select optimal treatment options for their patients, as
well as expedite regulatory review of novel regimens.
Cannabidiol Enforcement.--The Committee provides an
increase of $5,000,000 for enforcing the law to protect
patients and the public while also providing a potential
regulatory pathway for cannabis and cannabis derived products.
The Committee maintains its concern about the proliferation of
foods and dietary supplements marketed in violation of the
Federal Food, Drug and Cosmetic Act (FFDCA), including products
containing cannabis and cannabis-derived ingredients. Non-
FFDCA-compliant products continue to pose potential health and
safety risks to consumers through unsubstantiated and
misleading claims such as treating a wide-range of life-
threatening diseases and conditions. The Committee expects the
FDA to continue to prioritize consumer-safety through
application of the law.
Canned Tuna.--The Committee is concerned that FDA has not
revised the standard of identity for canned tuna to adopt the
drained weight fill of container standard despite having
received two citizens petitions, as far back as 1994. FDA is
directed to provide an update on the status of its review of
the citizen petitions related to the standard of identity for
canned tuna within 90 days.
Center for Food Safety and Applied Nutrition Centers of
Excellence.--The Committee is aware of the important
contribution of the FDA Center for Food Safety and Applied
Nutrition's Centers of Excellence (COEs) program in supporting
critical basic research as well as facilitating the
implementation of the FDA Food Safety Modernization Act. The
Committee encourages the Agency to continue to fully utilize
the COEs to accomplish these goals.
Center for Tobacco Products.--The Committee is aware that
the Family Smoking Prevention and Tobacco Control Act requires
new tobacco products to undergo a product review by the Food
and Drug Administration to ensure that they meet the applicable
standard for authorization (e.g., appropriate for the
protection of public health). The Committee also knows that
manufacturers of e-cigarettes and other deemed tobacco products
already on the market as of the effective date of the deeming
rule were required to submit product applications to the Food
and Drug Administration by September 9, 2020. Given that the
Food and Drug Administration and Surgeon General have called
youth use of e-cigarettes an epidemic and a recent Surgeon
General report concluded that there is presently inadequate
evidence to conclude that e-cigarettes, in general, increase
smoking cessation, it is the view of the Committee that any e-
cigarette that has increased or is likely to increase youth
initiation of nicotine or tobacco products cannot meet the
public health standard required under the Tobacco Control Act.
It is also the expectation of the Committee that the Food and
Drug Administration will promptly take enforcement action to
remove from the market any new deemed tobacco product on the
market as of August 8, 2016, for which a manufacturer has not
submitted a premarket tobacco application, a substantial
equivalence (SE) report, or an SE exemption request by
September 9, 2020. The Committee also directs the FDA,
consistent with all applicable disclosure laws and regulations,
within 180 days of enactment to provide the Committee a list of
all e-cigarettes and other deemed tobacco products on the
market as of August 8, 2016, for which marketing applications
were submitted by September 9, 2020 and a report on the effect
that its January 2, 2020 guidance, which prioritized
enforcement against certain flavored ENDS on the market, is
having on youth, including whether youth are switching to
flavored ENDS that are not subject to prioritized enforcement
under the guidance.
Chemicals in Cosmetics.--The Committee expresses concern
over the effect of toxic chemicals in cosmetics. The Committee
requires a report from the Commissioner within 180 days on the
health effects of talc, asbestos and lead.
Clinical Trials Reporting Requirements.--The Committee is
aware of direction in the 21st Century Cures Act on activities
the FDA must take to encourage compliance with
ClinicalTrials.gov data bank registration and results
submission requirements. The Committee looks forward to
reviewing these upcoming reports.
Compounding Center of Excellence.--The Committee supports
the development of the Compounding Center of Excellence, which
expands engagement with outsourcing facilities regarding good
manufacturing practices, thereby helping these facilities
adhere to the quality standards needed to protect patient
health and support sector growth in small, underserved
communities. The Committee encourages FDA to make concerted
efforts to advise small compounders on how best to navigate
regulations concerning distributing and dispensing practices,
so these businesses may continue to adequately service local
communities and individual patient needs.
Cosmetic Safety.--The Committee remains concerned over the
importance of ensuring the safety of cosmetics and reminds the
FDA of its commitment to work with stakeholders and Congress to
modernize the regulatory framework for cosmetics. The Committee
reminds the FDA of its requirement in P.L. 116-94 to report to
the Committee on a path to establishing Good Manufacturing
Practices for cosmetics, as a way to further ensure cosmetic
safety.
COVID-19 Response.--The Committee has been closely
following FDA's activities in response to the COVID-19
pandemic. The FDA is the nation's final check on whether a
medical device or product is safe and effective for its
intended usage prior to entering the marketplace. The COVID-19
pandemic has highlighted the importance of that final step and
the difficult balance FDA must strike between moving quickly
and still maintaining the highest standards of public safety.
During the early days of the COVID-19 response, the FDA's
efforts were narrowly focused on a single diagnostic test,
resulting in unfortunate delays to engaging and fully utilizing
the nation's existing testing capabilities. The Committee
highlighted some of these concerns and subsequent testing
delays during a budget hearing in March. The revisions to FDA
policy guidance documents regarding serological tests and the
two-month window between first announcing the policy and
revising it created an opportunity for numerous entrants in a
market with poor quality control and raised concerns about the
effectiveness of these tests. These are just two examples of
how difficult it is to judge the balance between speed and
accuracy, and which is the most appropriate response at any
given time. The Committee recognizes the difficulty FDA faces
and the enhanced scrutiny placed on each of the agency's
decisions during this pandemic. However, while the Committee
understands that this pandemic has created an unprecedented
event, the true tragedy will exist if FDA does not learn from
its mistakes as it moves forward. Therefore, the Committee
directs FDA to contract with an independent entity to provide
to the Committee not later than 180 days after the enactment of
this Act a comprehensive assessment of its COVID response,
highlighting failures and successes, to better understand how
the agency can improve its response capabilities and enhance
its ongoing activities to protect the public health. The
assessment shall also include a section regarding the Emergency
Use Authorization (EUA) process for COVID-19 tests and how the
agency prioritized the processing of the applications, the
comprehensiveness of the diagnostic result, and existing FDA-
approved methods.
Dairy Standard of Identity.--The Committee is pleased that
the FDA has begun a deliberative process to review how it will
enforce the standards of identity for dairy products as
described in 21 Code of Federal Regulations parts 131, 133, and
135. The Committee urges the FDA to continue its work toward
ultimately enforcing standards of identity for dairy products.
Dietary Supplements.--The Committee supports FDA's
enforcement actions against manufacturers of dietary supplement
products that are adulterated or misbranded. The Committee has
been pleased with the agency's efforts to strengthen regulation
of dietary supplements including through the use of the Dietary
Supplement Ingredient Advisory List and encourages the
continuation of increased enforcement activities and
interagency collaborations with the Department of Justice to
remove illegal dietary supplements from the market. The
Committee expects FDA will continue to update the Committee
explaining how the agency carries out risk-based enforcement of
dietary supplement product manufacturers and the resources it
uses for these activities.
Donor Human Milk.--The Committee urges the FDA to develop a
plan for classifying all donor human milk. It further urges FDA
to continue to regulate human milk-derived products that meet
the statutory definition of infant formula and that are
intended for consumption by low birth weight infants or those
infants who otherwise have unusual medical or dietary problems
as exempt infant formulas, and to regulate them as specified by
the Infant Formula Act.
Drug Compounding and Final MOU.--The Committee recognizes
the FDA recently finalized the MOU for pharmacy compounding.
The Committee requests that FDA engage further with
stakeholders to address concerns and to ensure that all or
nearly all states can sign this important document.
Drug Compounding Pharmacist on Pharmacy Compounding
Advisory Committee.--The Committee recognizes that the Pharmacy
Compounding Advisory Committee established under the Drug
Quality and Security Act (DQSA) needs to adequately represent
the interests and needs of providers and patients who use and
depend on compounded medications. Compounding is often
practiced in community settings. It is therefore vital that
voting members of PCAC have a thorough understanding of
compounding in a community setting in order to appropriately
advise FDA. The Committee encourages FDA to appoint qualified
voting members with recent, actual, and diverse experience in
the preparation, prescribing, and use of compounded
medications.
DQSA Implementation.--The Committee is aware of concerns
about FDA's implementation of the DQSA as it relates to USP
dietary supplement monographs. Last year's House Report
directed the FDA to brief the Committee with an update on the
issue, the Committee looks forward to receiving the briefing.
Electronic Nicotine Delivery Systems (ENDS) Testing
Standardization.--The Committee directs the FDA, within
available funds for the Center for Tobacco Products, to conduct
research focusing on developing standardized testing protocols
that generate accurate and reliable testing data on ENDS and
their use. The Committee supports FDA's plan to include
$5,000,000 toward these efforts. Laboratories that study these
products currently employ numerous methodologies for studying
the devices and compounds in e-liquids and the aerosols that
they emit. The development of standardized protocols for
testing ENDS products, as has been done for testing combusted
tobacco products, would provide accurate and reliable data that
could better determine the effects of ENDS on human health. The
Committee encourages FDA to work within the national or
international research community to conduct research and make
recommendations on the standardization of testing protocols for
ENDS, including e-liquids.
FDA Partnerships under FSMA.--The purpose of FSMA is to
reform the nation's food safety laws to ensure a safe public
food supply. As FDA continues implementation of FSMA, the
Committee encourages FDA to work in partnership with existing
government food safety programs through MOUs to verify
compliance with FSMA rules once they are finalized as a way to
eliminate duplication of activities under the law.
Foreign Unannounced Inspections Pilots.--The Committee is
concerned that FDA's drug inspection program continues to fall
behind the levels needed to match the growth in foreign drug
manufacturing facilities. The Committee recognizes that FDA's
drug inspection program has responded to the shifting global
market by implementing a risk-based approach that prioritizes
limited inspection resources. However, the Committee notes that
FDA's regular practice of preannouncing foreign drug
inspections well in advance of an inspection, raises serious
questions about parity with domestic inspections, which are
almost always unannounced. The Committee is aware that in 2014
the FDA created a pilot program in India that eliminated
advance notice of inspections and instead used short notice or
unannounced visits but that this pilot was shut down in 2015.
The Committee directs the FDA to restart the pilot in India and
establish an additional pilot in China to improve workforce
development activities and include unannounced and short notice
inspections. The Committee includes an additional $5,000,000 to
implement these pilots.
Food Additives.--The Committee requests an update on the
effects of direct and indirect food additives currently listed
as generally recognized as safe on the behavioral health of
children.
Food Traceability.--The Committee provides an increase of
$1,240,000 to investigate and prevent foodborne outbreaks. The
Committee is encouraged by the work the FDA has put forth in
developing a comprehensive food traceability system. The
Committee directs FDA to continue to work with stakeholders on
a wide-scale traceability system that could help companies and
government agencies more rapidly access data crucial to
tracking foods implicated in disease outbreaks and subject to
recall through their New Era of Food Safety Initiative. The
Committee looks forward to the FDA's Blueprint that is expected
to outline how this modern approach will address public health
challenges, ranging from being able to trace sources of
contaminated foods to using new predictive analytics tools like
artificial intelligence to assess risks, and to help prioritize
the Agency's work and resources. This Blueprint is to be made
available on the FDA website within 60 days of the date of
enactment of this Act. Further, the Committee recommends the
research, investment, and implementation of artificial
intelligence and other emerging technologies to assist with
these aims.
Foreign High-Risk Inspection.--The Committee maintains
funding for the evaluation of foreign high-risk sites to allow
FDA to continue efforts to develop and utilize a targeted,
risk-based, and efficient inspection model that incorporates
commercially available information, including onsite facility
verification, about all foreign establishments for the purpose
of regulatory compliance and surveillance of manufacturing
quality management practices. FDA is directed to provide the
Committees with an update on these efforts, including estimated
efficiencies and concerns and plans to continue or expand this
effort in the future. In addition, the funding can be used to
support the Centers' ongoing efforts to improve the scientific
evaluation of manufacturing for risk-based surveillance. The
Committee expects this effort to provide FDA with data-driven
models that will help it target its overseas inspection
activities in a global economy.
FSMA Partnerships.--The Committee encourages FDA to work in
partnership with existing government food safety programs and
industry to share and coordinate information and data with
industry partners and state and local government entities to
better coordinate before, during, and after outbreaks occur.
Generic Competition.--The Committee recognizes the
important role generic drug competition plays in the U.S.
health care marketplace. The Committee encourages FDA to
continue its efforts to foster competition among generic drugs.
Gluten in Drug Products.--In 2017, FDA issued Draft
Guidance concerning gluten in drug products and associated
labeling recommendations. While some manufacturers have labeled
their drugs in accordance with this draft guidance, it has not
been implemented consistently, leading to uncertainty among
consumers. The Committee encourages FDA to consult with
stakeholders to consider the views of these consumers, and to
work expeditiously to publish a final guidance document.
Heparin Shortage.--The Committee is aware of the threat of
heparin shortage from the 2008 contaminant crisis and other
risk factors such as African swine fever. The Committee directs
FDA to provide not later than 60 days after the enactment of
this Act an update on what the FDA is doing to assure domestic
supply of heparin and how it is engaging U.S. heparin suppliers
and manufacturers.
High-Risk List.--The Committee expects FDA to release a
list designating high risk foods in September 2020 as required
by FSMA. FSMA also requires that foods designated as high-risk
will be subject to more stringent recordkeeping requirements in
order to improve traceability efforts during foodborne
outbreaks. The Committee encourages FDA to ensure that any
additional recordkeeping and traceability requirements are
required throughout the supply and distribution chain as FDA
continues to develop rules and regulations for compliance with
FSMA.
Homeopathic Draft Guidance.--The Committee urges FDA to
consider the views of commenters, including patients,
proponents of homeopathy, and other stakeholders, in its
approach to finalizing its revised draft guidance entitled
``Drug Products Labeled as Homeopathic Guidance for FDA Staff
and Industry.''
Human-Based Nonclinical Approaches.--The Committee is aware
that nonclinical approaches that do not involve use of animals
to evaluate new pharmaceuticals are being developed and might
better predict some human outcomes and reduce animal testing.
The Committee directs FDA to review and modify its regulations
to clearly reflect the FDA's discretion to accept valid
nonclinical approaches. The Committee also directs FDA to
consider expanding its Drug Development Tools Qualification
Program to include a program for evaluating and integrating in
vitro computational approaches. The Committee requests FDA
report back on steps taken not later than September 30, 2021.
IBD Clinical Trials.--The Committee strongly encourages FDA
to continue to engage with IBD research and patient communities
to identify and address barriers to clinical trial
participation for both adult and pediatric populations. To
address a key barrier for pediatric populations, the Committee
urges FDA to identify approaches for using real-world evidence
to support reviews of candidate therapies that are already
approved for use by adults with IBD. The Committee requests
that FDA provide a briefing on these activities within 180 days
of enactment of this Act.
Innovative Food Products.--The Committee is encouraged that
the FDA recognizes the rising public health needs for oversight
of innovative food products, and directs the FDA to brief the
Committee, within 90 days of enactment, describing the
challenges the agency faces in ensuring that innovative food
ingredients are safe and their plans to address those
challenges.
In-Home Drug Disposal.--The Committee directs the FDA to
evaluate and consider updating current drug disposal guidance
to reflect the availability of in-home disposal technology
intended to deactivate and dispose of prescription drugs in a
manner that renders the controlled substance unavailable and
unusable for all practical purposes. The Committee also
encourages the FDA to closely consider whether opioid labeling,
REMS materials, and other prescriber information should include
language on co-dispensing of in-home drug disposal technology,
particularly for prescriptions connected to acute pain such as
post-surgical pain.
Inspections at Land Ports of Entry.--A record volume of
FDA-regulated commodities are being introduced for import
inspection at the U.S.-Mexico border. The Committee is
concerned that this is outpacing the Administration's
processing operations resources at Land Ports of Entry, and has
resulted in increased cargo backlogs or, otherwise, compromised
the Administration's ability to detect and seize violative
products. In order to improve and streamline the inspection
process and expedite the release of compliant products, the
Committee directs FDA to support increased import operations at
Land Ports of Entry, near the U.S.-Mexico border.
Laboratory Developed Tests.--The Committee notes the past
work between Congress, stakeholders, and the FDA on regulation
of clinical laboratory diagnostic tests, including in-vitro
diagnostic test kits. The Committee encourages FDA to continue
to work with Congress to pass legislation that addresses a new
regulatory pathway for laboratory diagnostic tests.
Listeria Prevention.--The Committee is aware that FDA is in
the process of finalizing guidance regarding Listeria
monocytogenes (Lm) in foods under its jurisdiction. Reducing
incidence of listeriosis is an important public health goal and
the Committee supports efforts to accomplish this objective.
The Committee urges FDA to define Not Ready To Eat foods in
guidance in a manner that aligns with the approach of FSIS and
to ensure that the guidance is protective of public health and
is science-based, practical, and achievable. The Committee also
urges FDA to consider comprehensive risk assessment data in
finalizing compliance policy guidance that would regulate any
final action level of Lm in Ready To Eat foods.
Lower-Cost Insulin Products and Transition to the Biologics
Price Competition and Innovation Act Approval Pathway.--The
Committee encourages the FDA to ensure timely review of
proposed biosimilar and interchangeable insulin products and
expects the FDA to provide additional guidance, including by
publishing draft, revised draft, or final guidance, that will
provide clarity and may help increased development of
biosimilar products and integration of biosimilars into the
biological products market.
The Committee also directs the FDA to provide, not later
than 180 days after the enactment of this Act, a report
providing an update on the following items: the number of new
biologic license applications for insulin products, the number
of new applications for biosimilars that use insulin as a
reference product, trends in the total numbers of brand
(biologic) and generic (biosimilar) insulin products on the
market, trends in launch and list prices of new market insulin
products compared to those currently in the market, the overall
competitiveness of the insulin market, and any changes to
accessibility and to the affordability of insulin.
Medical Device Supply Chain Management.--The Committee is
concerned by vulnerabilities in our medical device supply chain
that have been brought to light by the spread of COVID-19. The
Committee directs FDA to work with Congress on ensuring they
have the necessary tools and resources to prevent drug and
device shortages. The Committee directs FDA to provide a
briefing to the Committee on the state of the drug and medical
device supply chain and any additional authorities or
capabilities that are needed to assist FDA in mitigating
shortages or identifying potential disruptions of these medical
products.
Medical Gas.--The Committee directed FDA to issue final
separate medical gases regulations in the fiscal year 2017
Consolidated Appropriations Act. Should FDA not issue proposed
regulations by December 31, 2020, the Committee directs FDA to
submit a report explaining the status of the rulemaking and the
reasons for the delay.
Menstrual Product Labeling.--The Committee is concerned
with the lack of labeling requirements for menstrual hygiene
products and directs FDA to revise existing guidance for
industry to include recommendations concerning menstrual
hygiene product labeling and material lists, including
recommendations that ingredient lists be included on packaging.
Modernizing Prescription Drug Development.--The Committee
encourages FDA to expand efforts that support new approaches to
improve product manufacturing and quality, including both
innovator and generic drug sectors. The Committee encourages
FDA to partner with academia to pilot innovative tools that can
improve innovator and generic drug manufacturing efficiencies
and strengthen product quality.
Naloxone to Treat Over-usage of Opioids.--Prescribers
including dentists and other primary care providers have an
opportunity to become more attuned to the risks of all opioids
through the consideration of co-prescribing naloxone with each
opioid prescription. The Committee continues to encourage FDA
to develop a strategy to test this hypothesis and assess the
benefit for enacting such a policy as a national strategy.
Natural Cosmetics.--The Committee encourages FDA to work
with consumer protection stakeholders and the scientific
community to consider a definition of the term natural when
natural claims are made in the labeling of cosmetics. The
Committee asks FDA to update the Committee on those
discussions, including the process and timeline for creating
and enforcing a definition, as appropriate, within 90 days of
the enactment of this Act.
Nephrotic Syndrome.--The Committee recognizes the
collaboration from FDA in continuing to support key clinical
trials for patients with nephrotic syndrome. The Committee
encourages FDA to continue collaborating with stakeholders on
therapy access that has led to meaningful development of new
treatments.
Net Weights.--The Committee encourages FDA to continue
devoting appropriate efforts to address economic integrity
issues, particularly with respect to net weights, and treatment
of seafood. The Committee believes these short-weighted labeled
products are violating FDA laws and that, despite industry
reporting such violations, FDA has not prioritized enforcement.
The Committee requests a briefing from FDA on its efforts to
enforce net weight requirements with respect to seafood
product.
Neurodegenerative Collaborations.--The Committee supports
ongoing collaborations between the medical product centers
related to the development of treatments for neurodegenerative
diseases, including public outreach efforts and the development
of policy, guidance, and educational training. The Committee
directs FDA to provide a briefing updating the Committee on
efforts to date and plans for future collaborations to combat
neurodegenerative diseases.
Non-Human Primates.--The Committee looks forward to
receiving the report requested in last year's House Report
regarding a strategy and timeline for reducing intramural
primate research. The Committee continues to encourage the FDA
to reduce primate testing, prioritize alternative research
methods, and seek opportunities to relocate primates to
sanctuaries. The Committee requests an update be included as
part of the FDA's fiscal year 2022 budget request.
Nutrient Value of Fish During Pregnancy.--The Committee
recognizes the directive included in section 773 of Division B
of the Consolidated Appropriations Act, 2019 (P.L. 116-6), and
directs the FDA to continue coordinating with the Environmental
Protection Agency to reissue the final fish consumption advice
for pregnant women provided in the notice of availability
entitled `Advice About Eating Fish, From the Environmental
Protection Agency and Food and Drug Administration; Revised
Fish Advice; Availability (82 Fed. Reg. 6571 (January 19,
2017))'. The reissuance of this advice will assist pregnant
women in making informed decisions on fish consumption during
pregnancy, especially as it relates to the positive cognitive
development of children.
Office Use Compounding.--The Committee continues to hear
concerns that FDA has implemented and enforced the DQSA through
guidance for industry documents rather than through the notice
and comment rulemaking procedure called for by the underlying
statute and the Administrative Procedures Act. The Committee
looks forward to receiving a briefing from FDA on this issue.
Olive Oil Standards of Identity.--The Committee directs the
FDA to continue working to establish a separate U.S. Standard
of Identity for different grades of olive oil (e.g. extra
virgin, virgin, and refined) and olive-pomace oils. The
Committee remains particularly concerned with the number of
different oil state standards for olive oils in the U.S. and
believes it is important to determine if establishing a uniform
set of the standards would better inform and protect consumers.
The FDA is directed to consult and meet with domestic producers
and importers of olive oil to develop a science-based Standard
of Identity for extra virgin olive oil and olive oil to ensure
the integrity of these products for U.S. consumers. The
Committee directs the Commissioner of the FDA to brief the
Committee by December 31, 2020 on the status of the agency's
progress in developing a U.S. Standard of Identity for
different grades of olive oil.
Opioid Abuse.--The Committee continues to be pleased that,
with the Opioids Action Plan, Opioid Policy Steering Committee,
and several significant regulatory actions, FDA is doing its
part to help stem the tide of abuse. The use of opioids as
first-line therapies for any form of pain has led to over-
prescribing, and the CDC has made clear that clinicians should
consider opioid therapy only if expected benefits for both pain
and function are anticipated to outweigh the risks to the
patient. The Committee hopes that FDA will continue to support
the development of alternative and non-addictive alternatives
to opioid analgesics and, when opioids are medically necessary,
will continue to incentivize development and use of abuse-
deterrent formulations. The Committee notes that every
patient's treatment regimen should be tailored by his or her
doctor to his or her unique needs. The federal government,
therefore, should promote the full suite of available treatment
options, including abstinence-based models and non-opioid
medications. Finally, the Committee continues to be supportive
of naloxone distribution among trained, licensed health care
professionals and emergency responders. When considering the
appropriateness of providing naloxone over the counter, the
Committee urges the FDA to ensure that the administration of
naloxone serves as a point of intervention to spur an honest
conversation between the patient and his doctor about addiction
and treatment.
OTC Acetaminophen Dosing Information for Children.--The
Committee continues to be concerned that the lack of dosing
information for children ages six months to two years may lead
to dosing errors, adverse events, and inadequate treatment of
fever and pain. The FDA is urged to provide to the Committee
not later than 30 days after the enactment of this Act an
update on the timing of amending the monograph label for
acetaminophen to include weight-based dosing instructions for
children ages six months to two years.
Outreach to Small Farmers.--The Committee expects the FDA
to adequately fund efforts to provide outreach, training, and
technical assistance to farmers for compliance with the FSMA
Produce Safety Rule. The Committee expects CFSAN to provide
funding for critical outreach and training services at not less
than the level specified in the Fiscal Year 2020 agreement.
Patient Experience in Drug Reviews.--The Committee is aware
the FDA is implementing policies to encourage the collection
and utilization of patient experience data, such as patient
preferences and patient-reported outcomes, under the patient-
focused drug development framework. The Committee encourages
FDA to include in its report assessing the use of patient data
in regulatory decision-making, as required in Sec. 3004 of
Public Law 114-255, information related to its review of
patient experience data and information on patient-focused drug
development tools.
Pediatric Devices.--The Committee recognizes the success of
the FDA's Pediatric Device Consortia (PDC) and the Center for
Devices and Radiological Health's (CDRH) interest in developing
a collaborative community related to pediatric devices. The
Committee notes that the fiscal year 2020 Agriculture
Appropriations bill provided an increase of $1,000,000 for the
PDC program to improve infrastructure for conducting pediatric
device trials and the planning of a related Pediatric Device
collaborative community.
Pesticide Residues in Imported Human Food.--The Committee
is concerned that imported human food continues to have higher
pesticide violation rates than domestically produced food. The
Committee recognizes that identifying a high violation rate for
an imported commodity attests to FDA's sampling design.
However, such differences between domestic and import violation
rates are concerning. The Committee directs FDA to analyze data
in preparation of its next annual report to assess whether
giving special attention to certain imported products with
significantly higher rates of violations compared to domestic
products would change the planning of the pesticide sampling
plan for future years.
Pet Food Contamination.--The Committee is aware that
certain brands of pet food contain unacceptable amounts of
adulterated ingredients harmful to animals. Products with such
ingredients have reached store shelves and infected countless
pets before being recalled. Out of concern for animal health
and consumer education, the Committee directs the FDA to
provide a briefing within 180 days of enactment on FDA's
efforts to prevent adulteration of pet food.
Plant Product Labeling.--The Committee notes the increase
of plant-based products labeled and marketed with meat, dairy,
eggs, seafood and other animal food product terminology that
may be advertised as a more healthful alternative to
conventional animal-based food products. Such representations
may cause consumer confusion. As FDA works to modernize
standards of identity and evaluate related product labeling,
the Committee directs the Commissioner to consult with FSIS to
prevent misleading labeling of these food products that do not
contain any animal-based ingredients and to continue to engage
with stakeholders and the public on this issue.
Predictive Toxicology Roadmaps.--The Committee supports FDA
efforts to advance new alternative methods for predictive
toxicology testing when evaluating drugs and chemicals in order
to improve human health and safety and to potentially replace,
reduce, and/or refine animal testing. The Committee directs FDA
to continue to work with stakeholders to promote the
development and evaluation of suitable alternative methods.
Premarket Tobacco Applications (PMTA) Transparency.--The
Committee urges FDA to make public a list of products for which
PMTAs, requests for exemption from substantial equivalence, or
substantial equivalence reports, were received on or before
September 9, 2020.
Prescription to Over-the-Counter Switches.--The Committee
is concerned with the multiple delays in FDA's promulgation of
a proposed regulation that may broaden the types of products
that may be approved for use in a nonprescription setting. The
Agency initiated its Nonprescription Drug Safe Use Regulatory
Expansion initiative in 2013 and issued draft guidance in 2018
as a first step, promising sponsors and patients additional
regulatory options through rulemaking in the near future. The
Committee strongly encourages the Agency to issue this
important proposed rule as soon as possible. The Committee also
requests an update within 30 days after enactment of this Act
on the timing of its issuance.
Radiation Exposure in Medical Imaging.--The Committee urges
FDA to collaborate with the medical imaging industry and
radiological professional societies to address the safety of
all x-ray imaging modalities and promote the use of
international consensus standards and alternative technologies
when appropriate.
Rare Cancer Therapeutics.--The Committee includes an
additional $2,500,000 to address gaps in the system, streamline
resources, accelerate the development of rare cancer therapies
and advance the field of cancer research overall, mirroring the
efforts of the National Cancer Institute's Developmental
Therapeutics Program. FDA is directed to build lines of
communications and processes between these two agencies in
order to expedite review of rare cancer therapies. Further, the
Committee directs FDA to provide a briefing on what FDA has
done to achieve the goals listed above, not later than 90 days
after the enactment of this Act.
Safeguarding Pharmaceutical Supply Chains.--The Committee
is concerned about America's increased reliance on foreign-
based sources of active pharmaceutical ingredients, their
chemical components, and off-shore drug production. The
Committee directs FDA to develop a report that addresses the
vulnerabilities of the U.S. medical supply chain. This report
should include recommendations on the following: (1) an
identification of finished drugs and their essential components
including raw materials, chemical components, and active
ingredients necessary for the manufacture of medicines where
supply is dependent on a single or limited number of providing
countries; (2) recommendations for how to diversify supply away
from predominant dependency on sources of supply in other
countries and how to further the adoption of U.S.-based
advanced manufacturing for active pharmaceutical ingredients
and chemical precursors; (3) discussion of legislative,
regulatory, and policy changes necessary to close gaps in the
FDA's ability to assess critical supply chain risks and
encourage domestic manufacturing, including advanced
manufacturing, of critical components and finished drug
products; and (4) discussion of any differences between the
FDA's policy and that of the Customs and Border Protection on a
requirement for drug companies to list active pharmaceutical
ingredients and their countries of origin on labels of imported
and domestically produced finished drug products.
Seafood Product Labeling.--The Committee notes that certain
foods are labeled as a fish or seafood product when the
products are highly-processed plant-based foods rather than
derived from actual fish or seafood. The Committee directs the
FDA to continue to assess products on the market to determine
whether action is necessary to ensure consumers are not misled
regarding such product labeling.
Skin Lightening.--The Committee is concerned about the
availability of illegal skin lightening products containing
dangerous levels of mercury and hydroquinone that are available
to consumers, particularly through online retailers. With the
passage of the CARES Act, FDA has new authorities to address
the safety and effectiveness of OTC drug products, including
those containing hydroquinone. The Committee encourages the
Office of Cosmetics and Colors, within CFSAN and the Office of
Non-Prescription Drugs within CDER to collaborate to combat
online sales of illegal skin lightening products, including
testing to determine compliance with FDA content limits. The
Committee provides an increase of $1,000,000 to FDA's Office of
Minority Health and Health Equity to educate the public on the
dangers of cosmetics containing these ingredients, including
partnering with community-based organizations with records of
reaching out to communities. The FDA should coordinate with the
National Institute of Health's National Institute on Minority
Health and Health Disparities to ensure any potential
interventions or educational efforts are complementary and not
duplicative.
Sodium Reduction.--The Committee is aware that U.S. Food
and Drug Administration (FDA) is in the process of issuing
guidance regarding voluntary sodium reduction targets in foods.
The Committee encourages FDA to publish an updated draft of the
short-term guidance for a 30-day comment period prior to
finalization. Furthermore, within 120 days of enactment, the
Committee requests the FDA provide a status update to the
Committee on the publication of the short-term Final Guidance
to Industry For Voluntarily Reducing Sodium, first published as
draft in the Federal Register on June 2, 2016 (81 Fed. Reg.
35363).
Standard of Identity Activities for Foods.--Not later than
30 days after the date of enactment of this Act, and annually
thereafter, the FDA shall submit to the Committees, and make
publicly available online, a report outlining its progress on
modernizing its standards of identity regulations.
Sunscreen Ingredients.--The Committee continues to track
the actions of the FDA related to sunscreen ingredients. The
Committee recognizes the agency's efforts in generating and
posting consumer and public health resources regarding health
benefits of sunscreen use. The Committee is encouraged by FDA's
improvements in clarifying its messaging around the importance
of sunscreen use as a skin cancer prevention tool in the
context of its research on sunscreen. In addition, the
Committee continues to encourage FDA to work with stakeholders,
including the Environmental Protection Agency, especially in
light of new authorities provided in the CARES Act.
Thalassemia.--Recent studies have shown that the length of
time between when blood is donated and transfused does not
impact outcomes for patients in need of an emergency blood
transfusion. However, the Committee is aware that these studies
do not determine the impact on chronically transfused patients,
such as those with thalassemia, in which administration of
older red cells may exacerbate iron loading and contribute to
worse outcomes. The Committee urges FDA to review scientific
literature on this issue and provide a brief to the Committees
on potential steps to address safety.
Track and Trace.--Public Law 111-31 required FDA to
implement a national track and trace system on the manufacture
and flow of tobacco products to ensure compliance with tobacco
product standards and disrupt illicit trade and counterfeiting.
The fiscal year 2020 Agriculture Appropriations Act directed
FDA to issue a report on the status of track and trace
rulemaking as it applies to tobacco products, including
electronic nicotine delivery devices and nicotine components.
The Committee looks forward to reviewing the report.
Women and Minorities in Clinical Trials.--The Committee is
concerned with the underrepresentation of women and minorities
in clinical trials. The Committee is aware of the ongoing work
that FDA is doing towards efforts to address this
underrepresentation, in particular, its work on greater
participation of female mice, inclusion of women and minorities
in population studies, representational data on differences in
female and male responses to medications, including sex-
specific biomarkers in simulation models, and transparency in
addressing biological differences. The Committee requests not
later than 180 days after the enactment of this Act a briefing
on FDA's efforts in this space.
Youth E-cigarette Use.--The Committee is troubled by the
dramatic increase in youth of ENDS products and notes that
flavors are the most common reason youth use e-cigarettes. The
Committee urges FDA to expedite the pre-market review of e-
cigarettes and other newly deemed tobacco products that were on
the market as of August 8, 2016 and to remove from the market
any deemed tobacco product introduced after August 8, 2016 that
has not submitted an application for pre-market review.
BUILDINGS AND FACILITIES
2020 appropriation.................................... $11,788,000
2021 budget estimate.................................. 13,788,000
Provided in the bill.................................. 11,788,000
Comparison:
2020 appropriation................................ - - -
2021 budget estimate.............................. -2,000,000
COMMITTEE PROVISIONS
For Buildings and Facilities of the Food and Drug
Administration, the Committee provides $11,788,000.
FDA INNOVATION ACCOUNT, CURES ACT
2020 appropriation.................................... $75,000,000
2021 budget estimate.................................. 70,000,000
Provided in the bill.................................. 70,000,000
Comparison:
2020 appropriation................................ -5,000,000
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For the FDA Innovation Account as authorized in the 21st
Century Cures Act, the Committee provides an appropriation of
$70,000,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
2020 appropriation.................................... $315,000,000
2021 budget estimate.................................. 304,000,000
Provided in the bill.................................. 304,000,000
Comparison:
2020 appropriation................................ -11,000,000
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For the Commodity Futures Trading Commission (CFTC), the
Committee provides an appropriation of $304,000,000.
Market surveillance oversight.--Last year, the Committee
requested CFTC to look into the aluminum futures market. The
Committee remains interested in CFTCs review of aluminum
futures markets and its impact on pricing for aluminum end
users and directs CFTC to provide a report to the House and
Senate Committees on Appropriations within 60 days of the
review's completion. The Committee expects CFTCs market
surveillance branch to take prompt action, if warranted, to
ensure that aluminum end users are protected from fraud,
manipulation and abusive practices that are prohibited by the
Commodity Exchange Act.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
2020 limitation....................................... ($77,000,000)
2021 budget estimate.................................. (80,400,000)
Provided in the bill.................................. (80,400.000)
Comparison:
2020 limitation................................... +3,400,000
2021 budget estimate.............................. - - -
COMMITTEE PROVISIONS
For the limitation on the expenses of the Farm Credit
Administration, the Committee provides $80,400,000.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The bill includes language regarding
passenger motor vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loan funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding fund
availability in the Agricultural Management Assistance program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses for the Farm Service Agency
and the Rural Development mission area.
Section 710.--The bill includes language relating to first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding computer
networks.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without offsets.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding pre-
packaged news stories produced by government agencies.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language regarding
eligibility or level of program assistance for Rural
Development programs.
Section 722.--The bill includes language requiring spend
plans.
Section 723.--The bill includes language regarding
nutrition programs.
Section 724.--The bill includes language related to
population limits for water and waste programs.
Section 725.--The bill includes language regarding certain
USDA loan program levels.
Section 726.--The bill includes language regarding credit
card refunds and rebates.
Section 727.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 728.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 729.--The bill includes language regarding
electronically available information for prescribing healthcare
professionals.
Section 730.--The bill includes language regarding
inspections of certain ARS facilities.
Section 731.--The bill includes language regarding the Food
for Peace program.
Section 732.--The bill includes funding for the Rural
Energy Savings Program.
Section 733.--The bill includes language related to a
Supplemental Nutrition Assistance Program final rule.
Section 734.--The bill includes language related to a
Supplemental Nutrition Assistance Program proposed rule.
Section 735.--The bill includes language related to the
Animal Welfare Act.
Section 736.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 737.--The bill includes language regarding
lobbying.
Section 738.--The bill includes language relating to the
use of raw or processed poultry products from the People's
Republic of China in various domestic nutrition programs.
Section 739.--The bill includes language related to the
Federal Meat Inspection Act.
Section 740.--The bill includes language related to
persistent poverty counties.
Section 741.--The bill includes language regarding funding
for an agriculture business innovation center.
Section 742.--The bill provides funding for the Farm to
School program.
Section 743.--The bill provides funding for the Healthy
Food Financing Initiative.
Section 744.--The bill provides funding for activities
related to citrus greening.
Section 745.--The bill includes language related to
investigational use of drugs or biological products for certain
purposes.
Section 746.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 747.--The bill includes language related to certain
school food lunch prices.
Section 748.--The bill provides funding for grants to
enhance farming and ranching opportunities for military
veterans.
Section 749.--The bill includes language related to the
school breakfast program.
Section 750.--The bill includes language related to
environmental assessment documents.
Section 751.-- The bill includes language related to line
speed waivers.
Section 752.--The bill provides funding for certain centers
of excellence.
Section 753.--The bill provides funding for rural hospital
technical assistance.
Section 754.--The bill provides funding for grants under
the section 12502 of Public Law 115-334.
Section 755.--The bill provides funding to carry out
section 1621 of Public Law 110-246.
Section 756.--The bill includes language related to
contingency plans for Animal Welfare Act licensees.
Section 757.--The bill provides funding to carry out
section 4003(b) of Public Law 115-334.
Section 758.--The bill provides funding to carry out
section 3307 of Public Law 115-334.
Section 759.--The bill includes language related to certain
matching fund requirements.
Section 760.--The bill provides funding to carry out
section 23 of the Child Nutrition Act of 1966.
Section 761.--The bill includes language related to
biotechnology risk assessment research.
Section 762.--The bill provides funding to carry out
section 12302 of Public Law 115-334.
Section 763.--The bill provides funding to carry out
section 12504 of Public Law 115-334.
Section 764.--The bill provides funding to carry out
section 4208 of Public Law 115-334.
Section 765.--The bill provides funding to carry out
section 7209 of Public Law 115-334.
Section 766.--The bill provides funding to carry out
section 12301 of Public Law 115-334.
Section 767.--The bill provides funding to carry out
section 7120 of Public Law 115-334.
Section 768.--The bill provides funding to carry out
section 7208 of Public Law 115-334.
Section 769.--The bill includes language related to potable
water.
Section 770.--The bill provides funding to carry out
section 4206 of Public Law 115-334.
Section 771.--The bill provides funding to carry out
section 12513 of Public Law 115-334.
Section 772.--The bill provides funding for rural
broadband.
Section 773.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 774.--The bill provides funding for renewable
energy.
Section 775.--The bill includes language changing the due
date of a study.
Section 776.--The bill includes language related to the
rural broadband program.
Sec. 777.--The bill includes language related to watershed
programs.
Sec. 778.--The bill includes language related to shrimp
exported to the United States.
Sec. 779.--The bill includes language related to hemp.
Sec. 780.--The bill includes language related to milk.
Sec. 781.--The bill includes language related to FDA-
regulated products.
Sec. 782.--The bill includes language related to the
ReConnect program.
Sec. 783.--The bill includes language related to the
Dietary Guidelines.
Sec. 784.--The bill includes language related to drug
recalls.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
Full Committee Votes
Pursuant to the provisions of clause 3(b) of rule XIII of
the House of Representatives, the results of each roll call
vote on an amendment or on the motion to report, together with
the names of those voting for and those against, are printed
below:
The bill and report were amended and reported out of
Committee with a quorum present and without a roll call vote.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
Program Duplication
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following list includes the
transfers included in the accompanying bill:
Office of the Secretary.--The bill allows funds
within the account to be transferred among the offices included
in the account, as well as reimbursements for certain expenses
and transfers outside the account for certain activities.
Hazardous Materials Management.--The bill allows
the funds within the account to be transferred to any agency of
the Department.
Animal and Plant Health Inspection Service.--
Authority is included to enable the Secretary of Agriculture to
transfer from other appropriations or funds of the Department
such sums as may be necessary to combat emergency outbreaks of
certain diseases of animals and plants.
Funds for Strengthening Markets, Income, and
Supply.--The bill limits the transfer of section 32 funds to
purposes specified in the bill.
Farm Production and Conservation (FPAC) Business
Center.--The bill allows certain funds to be merged with the
salaries and expenses account for the FPAC Business Center. The
bill also provides that funds provided to other accounts in the
agency shall transferred to and merged with the salaries and
expenses account of the Farm Service Agency.
Dairy Indemnity Program.--The bill authorizes the
transfer of funds to the Commodity Credit Corporation, by
reference.
Agricultural Credit Insurance Fund Program
Account.--The bill provides funds to be transferred to the Farm
Service Agency and for certain funds to be transferred within
the account.
Commodity Credit Corporation.--The bill includes
language allowing certain funds to be transferred to the
Foreign Agricultural Service Salaries and Expenses account for
information resource management activities.
Rural Housing Insurance Fund Program Account.--The
bill includes language allowing funds to be transferred from
the Multi-Family Housing Revitalization Program Account to this
account and for funds to be transferred from this account to
the Rural Development Salaries and Expenses account.
Rental Assistance Program.--The bill includes
language allowing funds to be transferred from the Multi-Family
Housing Revitalization Program Account to this account.
Intermediary Relending Program Fund Account.--The
bill provides funds in this account to be transferred to the
Rural Development Salaries and Expenses account.
Rural Electrification and Telecommunications
Program Account.--The bill provides funds in this account to be
transferred to the Rural Development Salaries and Expenses
account.
Child Nutrition Programs.--The bill includes
authority to transfer section 32 funds to these programs.
Foreign Agricultural Service, Salaries and
Expenses.--The bill allows for the transfer of funds from the
Commodity Credit Corporation Export Loan Program Account.
Food for Peace Title I Direct Credit and Food for
Progress Program Account.--The bill allows funds to be
transferred to the Farm Production and Conservation Business
Center, Salaries and Expenses account.
Commodity Credit Corporation Export Loans
Program.--The bill provides for transfer of funds to the
Foreign Agricultural Service and to the Farm Production and
Conservation Business Center, Salaries and Expenses account.
Food and Drug Administration, Salaries and
Expenses.--The bill allows funds to be transferred among
certain activities.
Food and Drug Administration, FDA Innovation
Account, Cures Act.--The bill allows funds to be transferred
from the 21st Century Cures Act to the Food and Drug
Administration, Salaries and Expenses account.
Commodity Futures Trading Commission.--The bill
allows certain funds to be transferred to a no-year account in
the Treasury.
General Provisions.--Section 702 of the bill
allows unobligated balances of discretionary funds to be
transferred to the Working Capital Fund. Section 761 of the
bill allows transfers to USDA for certain research programs.
Rescissions
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following lists the rescissions
included in the accompanying bill:
------------------------------------------------------------------------
Program or activity Amount
------------------------------------------------------------------------
USDA FNS (prior year balances)....................... $1,000,000,000
------------------------------------------------------------------------
Disclosure of Earmarks and Congressionally Directed Spending Items
Neither the bill nor this report contains any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill that directly or indirectly change the
application of existing law.
The bill includes a number of provisions which place
limitations on the use of funds in the bill or change existing
limitations and that might, under some circumstances, be
construed as changing the application of existing law:
Office of the Secretary.--Language is included to limit the
amount of funds for official reception and representation
expenses, as determined by the Secretary and to reimburse
Departmental Administration for travel expenses incident to the
holding of hearings.
Agricultural Research Service.--Language is included that
allows the Agricultural Research Service to grant easements at
the Beltsville, MD, agricultural research center and to grant
easements at any facility for the construction of a research
facility for use by the agency.
National Institute of Food and Agriculture, Integrated
Activities.--The bill includes language limiting indirect
costs.
Animal and Plant Health Inspection Service.--Language is
included to limit the amount of funds for representational
allowances.
Animal and Plant Health Inspection Service.--The bill
includes language regarding state matching funds and the
brucellosis control program.
Animal and Plant Health Inspection Service.--Language is
included to allow APHIS to recoup expenses incurred from
providing technical assistance goods, or services to non-APHIS
personnel, and to allow transfers of funds for agricultural
emergencies.
Agricultural Marketing Service, Limitation on
Administrative Expenses.--The bill includes language to allow
AMS to exceed the limitation on administrative expenses by up
to 10 percent with notification to the Appropriations
Committees.
Agricultural Marketing Service, Inspection and Weighing
Services.--The bill includes authority to exceed the limitation
on inspection and weighing services by up to 10 percent with
notification to the Appropriations Committees.
Food Safety and Inspection Service.--Language is included
to limit the amount of funds for representational allowances.
Dairy Indemnity Program.--Language is included by reference
that allows the Secretary to utilize the services of the
Commodity Credit Corporation for the purpose of making dairy
indemnity payments.
Agricultural Credit Insurance Fund Program Account.--
Language is included that deems the pink bollworm a boll weevil
for the purposes of administering the boll weevil loan program.
Risk Management Agency.--Language is included to limit the
amount of funds for official reception and representation
expenses.
Watershed and Flood Prevention Operations.--Language is
included that limits the application of certain activities in
watersheds of a certain size.
Commodity Credit Corporation Fund.--Language is included to
allow certain funds transferred from the Commodity Credit
Corporation to be used for information resource management.
Hazardous Waste Management.--Language is included which
limits the amount of funds that can be spent on operation and
maintenance costs of CCC hazardous waste sites.
Rural Development Salaries and Expenses.--Language is
included to allow funds to be used for advertising and
promotional activities.
Rental Assistance Program.--Language is included that
provides that agreements entered into during the current fiscal
year be funded for a one-year period. Language also is included
to renew contracts once during any 12-month period.
Rural Electrification and Telecommunications Loans Program
Account.--The bill includes language related to loan rates on
renewable energy loans.
The Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC).--Language notwithstands section
17(h)(10)(B)(ii) of the Child Nutrition Act of 1966 (42 U.S.C.
17 1786), as it relates to management information systems.
Language is included to purchase infant formula except in
accordance with law and pay for activities that are not fully
reimbursed by other departments or agencies unless authorized
by law.
Office of Codex Alimentarius.--Language is included to
limit the amount of funds for official reception and
representation expenses.
Foreign Agricultural Service.--Language is included to
enable the agency to use funds received by an advance or by
reimbursement to carry out its activities. The bill also limits
the amount of funds for representation expenses.
McGovern-Dole International Food for Education and Child
Nutrition Program Grants.--Language is included to specify the
amount of funds available to purchase commodities described by
subsection 3107(a)(2) of the Farm Security and Rural Investment
Act of 2002.
Food and Drug Administration, Salaries and Expenses.--
Language is included to limit the amount of funds for official
reception and representation expenses and to limit the usage of
certain user fees.
FDA Innovation Account.--The bill provides additional
transfer authority.
Commodity Futures Trading Commission.--Language is included
to limit the amount of funds for official reception and
representation expenses. Language is also included to allow the
Commission to record prior year lease obligations and to
liquidate certain obligations.
Farm Credit Administration.--The bill includes authority to
exceed the limitation on assessments by 10 percent with
notification to the Appropriations Committees and to allow
certain banks to exceed the statutory cap on export financing.
General Provisions.--
Section 701.--The bill includes language regarding
passenger motor vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loan funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding funding
availability in the Agricultural Management Assistance program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses for the Farm Service Agency
and the Rural Development mission area.
Section 710.--The bill includes language relating to first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding computer
networks.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without offsets.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding pre-
packaged news stories produced by government agencies.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language regarding
eligibility or level of program assistance for Rural
Development programs.
Section 722.--The bill includes language requiring spend
plans.
Section 723.--The bill includes language regarding
nutrition programs.
Section 724.--The bill includes language related to
population limits for water and waste programs.
Section 725.--The bill includes language regarding certain
USDA loan program levels.
Section 726.--The bill includes language regarding credit
card refunds and rebates.
Section 727.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 728.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 729.--The bill includes language regarding
electronically available information for prescribing healthcare
professionals.
Section 730.--The bill includes language regarding
inspections of certain ARS facilities.
Section 731.--The bill includes language regarding the Food
for Peace program.
Section 733.--The bill includes language related to a
Supplemental Nutrition Assistance Program final rule.
Section 734.--The bill includes language related to a
Supplemental Nutrition Assistance Program proposed rule.
Section 735.--The bill includes language related to the
Animal Welfare Act.
Section 736.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 737.--The bill includes language regarding
lobbying.
Section 738.--The bill includes language relating to the
use of raw or processed poultry products from the People's
Republic of China in various domestic nutrition programs.
Section 739.--The bill includes language related to the
Federal Meat Inspection Act.
Section 740.--The bill includes language related to
persistent poverty counties.
Section 745.--The bill includes language related to
investigational use of drugs or biological products for certain
purposes.
Section 746.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 747.--The bill includes language related to certain
school food lunch prices.
Section 749.--The bill includes language related to the
school breakfast program.
Section 750.--The bill includes language related to
environmental assessment documents.
Section 751.--The bill includes language related to line
speed waivers.
Section 756.--The bill includes language related to
contingency plans for Animal Welfare Act licensees.
Section 759.--The bill includes language related to certain
matching fund requirements.
Section 761.--The bill includes language related to
biotechnology risk assessment research.
Section 769.--The bill includes language related to potable
water.
Section 772.--The bill provides funding for rural
broadband.
Section 773.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 774.--The bill includes language related to
renewable energy.
Section 775.--The bill includes language changing the due
date of a study.
Section 776.--The bill includes language related to the
rural broadband program.
Sec. 777.--The bill includes language related to watershed
programs.
Sec. 779.--The bill includes language related to hemp.
Sec. 782.--The bill includes language related to the
ReConnect program.
Sec. 784.--The bill includes language related to drug
recalls.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
----------------------------------------------------------------------------------------------------------------
Appropriation in
Agency or program Last year of Authorization last year of Appropriation in
authorization level authorization this bill
----------------------------------------------------------------------------------------------------------------
Farmers' Market Nutrition Prog...... 2015 Such sums $16,548,000 $20,000,000
CNP State Administrative Expenses... 2015 Such sums 263,686,000 317,0440,000
Summer Food Service Program......... 2015 Such sums 495,521,000 551,944,000
WIC................................. 2015 Such sums 6,623,000,000 5,750,000,000
School Breakfast Expansion Grants... 2015 Such sums 0 15,000,000
Farm to School Grants............... 2015 Such sums 0 12,000,000
Multi-family Revitalization Program. 2016 Such sums 28,000,000 30,000,000
Broadband Telecommunications Program 2016 Such sums 35,000,000 35,000,000
Commodity Futures Trading Commission 2013 Such sums 205,294,000* 304,000,000
----------------------------------------------------------------------------------------------------------------
*Reduced by an across the board cut and sequestration to $194,556,000.
Committee Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
The following hearings were used to develop or consider the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2021:
The Subcommittee held a budget hearing on February 11,
2020, on the Fiscal Year 2021 budget request for the Department
of Agriculture Office of Inspector General. The Subcommittee
received testimony from:
Phyllis Fong, Inspector General, USDA
Ann Coffey, Deputy Inspector General, USDA
Gil Harden, Assistant Inspector General for
Audit, USDA
Peter P. Paradis, Sr., Acting Assistant
Inspector General for Investigations, USDA Office of
Inspector General
The Subcommittee held a budget hearing on February 12,
2020, on the Fiscal Year 2021 budget request for the Farm
Credit Administration. The Subcommittee received testimony
from:
Glen R. Smith, Chairman and CEO, Farm Credit
Administration
Jeffery S. Hall, Chairman, Farm Credit
System Insurance Corporation
The Subcommittee held an oversight hearing on February 27,
2020, on the work of the Office of Inspector General,
Department of Health and Human Services, on the Food and Drug
Administration. The Subcommittee received testimony from:
Suzanne Murrin, Deputy Inspector General for
Evaluation and Inspections, Department of Health and
Human Services, Office of Inspector General
The Subcommittee held a hearing on March 3, 2020, entitled
``Member Day.'' The Subcommittee received testimony from:
The Honorable Scott Perry, Member of
Congress
The Honorable Jenniffer Gonzalez-Colon,
Resident Commissioner
The Honorable Jim Hagedorn, Member of
Congress
The Honorable Kim Schrier, M.D., Member of
Congress
The Honorable Rodney Davis, Member of
Congress
The Subcommittee held a budget hearing on March 10, 2020,
on the Department of Agriculture Budget Request for Fiscal Year
2021. The Subcommittee received testimony from:
The Honorable Sonny Perdue, Secretary, U.S.
Department of Agriculture
Robert Johansson, Chief Economist, U.S.
Department of Agriculture
Erica Navarro, Budget Officer, U.S.
Department of Agriculture
The Subcommittee held a budget hearing on March 11, 2020,
on the Food and Drug Administration Budget Request for FY 2021.
The Subcommittee received testimony from:
Stephen M. Hahn, M.D., Commissioner, Food
and Drug Administration
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
* * * * * * *
nutritional and other program requirements
Sec. 9. (a)(1)(A) Lunches served by schools participating in
the school lunch program under this Act shall meet minimum
nutritional requirements prescribed by the Secretary on the
basis of tested nutritional research, except that the minimum
nutritional requirements--
(i) shall not be construed to prohibit the
substitution of foods to accommodate the medical or
other special dietary needs of individual students; and
(ii) shall, at a minimum, be based on the weekly
average of the nutrient content of school lunches.
(B) The Secretary shall provide technical assistance and
training, including technical assistance and training in the
preparation of lower-fat versions of foods commonly used in the
school lunch program under this Act, to schools participating
in the school lunch program to assist the schools in complying
with the nutritional requirements prescribed by the Secretary
pursuant to subparagraph (A) and in providing appropriate meals
to children with medically certified special dietary needs. The
Secretary shall provide additional technical assistance to
schools that are having difficulty maintaining compliance with
the requirements.
(2) Fluid milk.--
(A) In general.--Lunches served by schools
participating in the school lunch program under
this Act--
(i) shall offer students a variety of
fluid milk. Such milk shall be
consistent with the most recent Dietary
Guidelines for Americans published
under section 301 of the National
Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341);
(ii) may offer students flavored and
unflavored fluid milk and lactose-free
fluid milk; and
(iii) shall provide a substitute for
fluid milk for students whose
disability restricts their diet, on
receipt of a written statement from a
licensed physician that identifies the
disability that restricts the student's
diet and that specifies the substitute
for fluid milk.
(B) Substitutes.--
(i) Standards for substitution.--A
school may substitute for the fluid
milk provided under subparagraph (A), a
nondairy beverage that is nutritionally
equivalent to fluid milk and meets
nutritional standards established by
the Secretary (which shall, among other
requirements to be determined by the
Secretary, include fortification of
calcium, protein, vitamin A, and
vitamin D to levels found in cow's
milk) for students who cannot consume
fluid milk because of a medical or
other special dietary need other than a
disability described in subparagraph
(A)(iii).
(ii) Notice.--The substitutions may
be made if the school notifies the
State agency that the school is
implementing a variation allowed under
this subparagraph, and if the
substitution is requested by written
statement of a medical authority or by
a student's parent or legal guardian
that identifies the medical or other
special dietary need that restricts the
student's diet, except that the school
shall not be required to provide
beverages other than beverages the
school has identified as acceptable
substitutes.
(iii) Excess expenses borne by school
food authority.--Expenses incurred in
providing substitutions under this
subparagraph that are in excess of
expenses covered by reimbursements
under this Act shall be paid by the
school food authority.
(C) Restrictions on sale of milk
prohibited.--A school that participates in the
school lunch program under this Act shall not
directly or indirectly restrict the sale or
marketing of fluid milk products by the school
(or by a person approved by the school) at any
time or any place--
(i) on the school premises; or
(ii) at any school-sponsored event.
(3) Students in senior high schools that participate in the
school lunch program under this Act (and, when approved by the
local school district or nonprofit private schools, students in
any other grade level) shall not be required to accept offered
foods they do not intend to consume, and any such failure to
accept offered foods shall not affect the full charge to the
student for a lunch meeting the requirements of this subsection
or the amount of payments made under this Act to any such
school for such lunch.
(4) Provision of information.--
(A) Guidance.--Prior to the beginning of the
school year beginning July 2004, the Secretary
shall issue guidance to States and school food
authorities to increase the consumption of
foods and food ingredients that are recommended
for increased serving consumption in the most
recent Dietary Guidelines for Americans
published under section 301 of the National
Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341).
(B) Rules.--Not later than 2 years after the
date of enactment of this paragraph, the
Secretary shall promulgate rules, based on the
most recent Dietary Guidelines for Americans,
that reflect specific recommendations,
expressed in serving recommendations, for
increased consumption of foods and food
ingredients offered in school nutrition
programs under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.).
(C) Procurement and processing of food
service products and commodities.--The
Secretary shall--
(i) identify, develop, and
disseminate to State departments of
agriculture and education, school food
authorities, local educational
agencies, and local processing
entities, model product specifications
and practices for foods offered in
school nutrition programs under this
Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) to ensure that
the foods reflect the most recent
Dietary Guidelines for Americans
published under section 301 of the
National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C.
5341);
(ii) not later than 1 year after the
date of enactment of this
subparagraph--
(I) carry out a study to
analyze the quantity and
quality of nutritional
information available to school
food authorities about food
service products and
commodities; and
(II) submit to Congress a
report on the results of the
study that contains such
legislative recommendations as
the Secretary considers
necessary to ensure that school
food authorities have access to
the nutritional information
needed for menu planning and
compliance assessments; and
(iii) to the maximum extent
practicable, in purchasing and
processing commodities for use in
school nutrition programs under this
Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), purchase the
widest variety of healthful foods that
reflect the most recent Dietary
Guidelines for Americans.
(5) Water.--Schools participating in the school lunch
program under this Act shall make available to children
free of charge, as nutritionally appropriate, potable
water for consumption in the place where meals are
served during meal service.
(b)(1)(A) Not later than June 1 of each fiscal year, the
Secretary shall prescribe income guidelines for determining
eligibility for free and reduced price lunches during the 12-
month period beginning July 1 of such fiscal year and ending
June 30 of the following fiscal year. The income guidelines for
determining eligibility for free lunches shall be 130 percent
of the applicable family size income levels contained in the
nonfarm income poverty guidelines prescribed by the Office of
Management and Budget, as adjusted annually in accordance with
subparagraph (B). The income guidelines for determining
eligibility for reduced price lunches for any school year shall
be 185 percent of the applicable family size income levels
contained in the nonfarm income poverty guidelines prescribed
by the Office of Management and Budget, as adjusted annually in
accordance with subparagraph (B). The Office of Management and
Budget guidelines shall be revised at annual intervals, or at
any shorter interval deemed feasible and desirable.
(B) The revision required by subparagraph (A) of this
paragraph shall be made by multiplying--
(i) the official poverty line (as defined by the
Office of Management and Budget); by
(ii) the percentage change in the Consumer Price
Index during the annual or other interval immediately
preceding the time at which the adjustment is made.
Revisions under this subparagraph shall be made not more than
30 days after the date on which the consumer price index data
required to compute the adjustment becomes available.
(2)(A) Following the determination by the Secretary under
paragraph (1) of this subsection of the income eligibility
guidelines for each school year, each State educational agency
shall announce the income eligibility guidelines, by family
size, to be used by schools in the State in making
determinations of eligibility for free and reduced price
lunches. Local school authorities shall, each year, publicly
announce the income eligibility guidelines for free and reduced
price lunches on or before the opening of school.
(B) Applications and descriptive material.--
(i) In general.--Applications for free and
reduced price lunches, in such form as the
Secretary may prescribe or approve, and any
descriptive material, shall be distributed to
the parents or guardians of children in
attendance at the school, and shall contain
only the family size income levels for reduced
price meal eligibility with the explanation
that households with incomes less than or equal
to these values would be eligible for free or
reduced price lunches.
(ii) Income eligibility guidelines.--Forms
and descriptive material distributed in
accordance with clause (i) may not contain the
income eligibility guidelines for free lunches.
(iii) Contents of descriptive material.--
(I) In general.--Descriptive material
distributed in accordance with clause
(i) shall contain a notification that--
(aa) participants in the
programs listed in subclause
(II) may be eligible for free
or reduced price meals; and
(bb) documentation may be
requested for verification of
eligibility for free or reduced
price meals.
(II) Programs.--The programs referred
to in subclause (I)(aa) are--
(aa) the special supplemental
nutrition program for women,
infants, and children
established by section 17 of
the Child Nutrition Act of 1966
(42 U.S.C. 1786);
(bb) the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
(cc) the food distribution
program on Indian reservations
established under section 4(b)
of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b)); and
(dd) a State program funded
under the program of block
grants to States for temporary
assistance for needy families
established under part A of
title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
(3) Household applications.--
(A) Definition of household application.--In
this paragraph, the term ``household
application'' means an application for a child
of a household to receive free or reduced price
school lunches under this Act, or free or
reduced price school breakfasts under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
for which an eligibility determination is made
other than under paragraph (4) or (5).
(B) Eligibility determination.--
(i) In general.--An eligibility
determination shall be made on the
basis of a complete household
application executed by an adult member
of the household or in accordance with
guidance issued by the Secretary.
(ii) Electronic signatures and
applications.--A household application
may be executed using an electronic
signature if--
(I) the application is
submitted electronically; and
(II) the electronic
application filing system meets
confidentiality standards
established by the Secretary.
(C) Children in household.--
(i) In general.--The household
application shall identify the names of
each child in the household for whom
meal benefits are requested.
(ii) Separate applications.--A State
educational agency or local educational
agency may not request a separate
application for each child in the
household that attends schools under
the same local educational agency.
(D) Verification of sample.--
(i) Definitions.--In this
subparagraph:
(I) Error prone
application.--The term ``error
prone application'' means an
approved household application
that--
(aa) indicates
monthly income that is
within $100, or an
annual income that is
within $1,200, of the
income eligibility
limitation for free or
reduced price meals; or
(bb) in lieu of the
criteria established
under item (aa), meets
criteria established by
the Secretary.
(II) Non-response rate.--The
term ``non-response rate''
means (in accordance with
guidelines established by the
Secretary) the percentage of
approved household applications
for which verification
information has not been
obtained by a local educational
agency after attempted
verification under
subparagraphs (F) and (G).
(ii) Verification of sample.--Each
school year, a local educational agency
shall verify eligibility of the
children in a sample of household
applications approved for the school
year by the local educational agency,
as determined by the Secretary in
accordance with this subsection.
(iii) Sample size.--Except as
otherwise provided in this paragraph,
the sample for a local educational
agency for a school year shall equal
the lesser of--
(I) 3 percent of all
applications approved by the
local educational agency for
the school year, as of October
1 of the school year, selected
from error prone applications;
or
(II) 3,000 error prone
applications approved by the
local educational agency for
the school year, as of October
1 of the school year.
(iv) Alternative sample size.--
(I) In general.--If the
conditions described in
subclause (IV) are met, the
verification sample size for a
local educational agency shall
be the sample size described in
subclause (II) or (III), as
determined by the local
educational agency.
(II) 3,000/3 percent
option.--The sample size
described in this subclause
shall be the lesser of 3,000,
or 3 percent of, applications
selected at random from
applications approved by the
local educational agency for
the school year, as of October
1 of the school year.
(III) 1,000/1 percent plus
option.--
(aa) In general.--The
sample size described
in this subclause shall
be the sum of--
(AA) the
lesser of
1,000, or 1
percent of, all
applications
approved by the
local
educational
agency for the
school year, as
of October 1 of
the school
year, selected
from error
prone
applications;
and
(BB) the
lesser of 500,
or \1/2\ of 1
percent of,
applications
approved by the
local
educational
agency for the
school year, as
of October 1 of
the school
year, that
provide a case
number (in lieu
of income
information)
showing
participation
in a program
described in
item (bb)
selected from
those approved
applications
that provide a
case number (in
lieu of income
information)
verifying the
participation.
(bb) Programs.--The
programs described in
this item are--
(AA) the
supplemental
nutrition
assistance
program
established
under the Food
and Nutrition
Act of 2008 (7
U.S.C. 2011 et
seq.);
(BB) the food
distribution
program on
Indian
reservations
established
under section
4(b) of the
Food and
Nutrition Act
of 2008 (7
U.S.C.
2013(b)); and
(CC) a State
program funded
under the
program of
block grants to
States for
temporary
assistance for
needy families
established
under part A of
title IV of the
Social Security
Act (42 U.S.C.
601 et seq.)
that the
Secretary
determines
complies with
standards
established by
the Secretary
that ensure
that the
standards under
the State
program are
comparable to
or more
restrictive
than those in
effect on June
1, 1995.
(IV) Conditions.--The
conditions referred to in
subclause (I) shall be met for
a local educational agency for
a school year if--
(aa) the nonresponse
rate for the local
educational agency for
the preceding school
year is less than 20
percent; or
(bb) the local
educational agency has
more than 20,000
children approved by
application by the
local educational
agency as eligible for
free or reduced price
meals for the school
year, as of October 1
of the school year,
and--
(AA) the
nonresponse
rate for the
preceding
school year is
at least 10
percent below
the nonresponse
rate for the
second
preceding
school year; or
(BB) in the
case of the
school year
beginning July
2005, the local
educational
agency attempts
to verify all
approved
household
applications
selected for
verification
through use of
public agency
records from at
least 2 of the
programs or
sources of
information
described in
subparagraph
(F)(i).
(v) Additional selected
applications.--A sample for a local
educational agency for a school year
under clauses (iii) and (iv)(III)(AA)
shall include the number of additional
randomly selected approved household
applications that are required to
comply with the sample size
requirements in those clauses.
(E) Preliminary review.--
(i) Review for accuracy.--
(I) In general.--Prior to
conducting any other
verification activity for
approved household applications
selected for verification, the
local educational agency shall
ensure that the initial
eligibility determination for
each approved household
application is reviewed for
accuracy by an individual other
than the individual making the
initial eligibility
determination, unless otherwise
determined by the Secretary.
(II) Waiver.--The
requirements of subclause (I)
shall be waived for a local
educational agency if the local
educational agency is using a
technology-based solution that
demonstrates a high level of
accuracy, to the satisfaction
of the Secretary, in processing
an initial eligibility
determination in accordance
with the income eligibility
guidelines of the school lunch
program.
(ii) Correct eligibility
determination.--If the review indicates
that the initial eligibility
determination is correct, the local
educational agency shall verify the
approved household application.
(iii) Incorrect eligibility
determination.--If the review indicates
that the initial eligibility
determination is incorrect, the local
educational agency shall (as determined
by the Secretary)--
(I) correct the eligibility
status of the household;
(II) notify the household of
the change;
(III) in any case in which
the review indicates that the
household is not eligible for
free or reduced-price meals,
notify the household of the
reason for the ineligibility
and that the household may
reapply with income
documentation for free or
reduced-price meals; and
(IV) in any case in which the
review indicates that the
household is eligible for free
or reduced-price meals, verify
the approved household
application.
(F) Direct verification.--
(i) In general.--Subject to clauses
(ii) and (iii), to verify eligibility
for free or reduced price meals for
approved household applications
selected for verification, the local
educational agency may (in accordance
with criteria established by the
Secretary) first obtain and use income
and program participation information
from a public agency administering--
(I) the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
(II) the food distribution
program on Indian reservations
established under section 4(b)
of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b));
(III) the temporary
assistance for needy families
program funded under part A of
title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
(IV) the State medicaid
program under title XIX of the
Social Security Act (42 U.S.C.
1396 et seq.); or
(V) a similar income-tested
program or other source of
information, as determined by
the Secretary.
(ii) Free meals.--Public agency
records that may be obtained and used
under clause (i) to verify eligibility
for free meals for approved household
applications selected for verification
shall include the most recent available
information (other than information
reflecting program participation or
income before the 180-day period ending
on the date of application for free
meals) that is relied on to
administer--
(I) a program or source of
information described in clause
(i) (other than clause
(i)(IV)); or
(II) the State plan for
medical assistance under title
XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) in--
(aa) a State in which
the income eligibility
limit applied under
section 1902(l)(2)(C)
of that Act (42 U.S.C.
1396a(l)(2)(C)) is not
more than 133 percent
of the official poverty
line described in
section 1902(l)(2)(A)
of that Act (42 U.S.C.
1396a(l)(2)(A)); or
(bb) a State that
otherwise identifies
households that have
income that is not more
than 133 percent of the
official poverty line
described in section
1902(l)(2)(A) of that
Act (42 U.S.C.
1396a(l)(2)(A)).
(iii) Reduced price meals.--Public
agency records that may be obtained and
used under clause (i) to verify
eligibility for reduced price meals for
approved household applications
selected for verification shall include
the most recent available information
(other than information reflecting
program participation or income before
the 180-day period ending on the date
of application for reduced price meals)
that is relied on to administer--
(I) a program or source of
information described in clause
(i) (other than clause
(i)(IV)); or
(II) the State plan for
medical assistance under title
XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) in--
(aa) a State in which
the income eligibility
limit applied under
section 1902(l)(2)(C)
of that Act (42 U.S.C.
1396a(l)(2)(C)) is not
more than 185 percent
of the official poverty
line described in
section 1902(l)(2)(A)
of that Act (42 U.S.C.
1396a(l)(2)(A)); or
(bb) a State that
otherwise identifies
households that have
income that is not more
than 185 percent of the
official poverty line
described in section
1902(l)(2)(A) of that
Act (42 U.S.C.
1396a(l)(2)(A)).
(iv) Evaluation.--Not later than 3
years after the date of enactment of
this subparagraph, the Secretary shall
complete an evaluation of--
(I) the effectiveness of
direct verification carried out
under this subparagraph in
decreasing the portion of the
verification sample that must
be verified under subparagraph
(G) while ensuring that
adequate verification
information is obtained; and
(II) the feasibility of
direct verification by State
agencies and local educational
agencies.
(v) Expanded use of direct
verification.--If the Secretary
determines that direct verification
significantly decreases the portion of
the verification sample that must be
verified under subparagraph (G), while
ensuring that adequate verification
information is obtained, and can be
conducted by most State agencies and
local educational agencies, the
Secretary may require a State agency or
local educational agency to implement
direct verification through 1 or more
of the programs described in clause
(i), as determined by the Secretary,
unless the State agency or local
educational agency demonstrates (under
criteria established by the Secretary)
that the State agency or local
educational agency lacks the capacity
to conduct, or is unable to implement,
direct verification.
(G) Household verification.--
(i) In general.--If an approved
household application is not verified
through the use of public agency
records, a local educational agency
shall provide to the household written
notice that--
(I) the approved household
application has been selected
for verification; and
(II) the household is
required to submit verification
information to confirm
eligibility for free or reduced
price meals.
(ii) Phone number.--The written
notice in clause (i) shall include a
toll-free phone number that parents and
legal guardians in households selected
for verification can call for
assistance with the verification
process.
(iii) Followup activities.--If a
household does not respond to a
verification request, a local
educational agency shall make at least
1 attempt to obtain the necessary
verification from the household in
accordance with guidelines and
regulations promulgated by the
Secretary.
(iv) Contract authority for school
food authorities.--A local educational
agency may contract (under standards
established by the Secretary) with a
third party to assist the local
educational agency in carrying out
clause (iii).
(H) Verification deadline.--
(i) General deadline.--
(I) In general.--Subject to
subclause (II), not later than
November 15 of each school
year, a local educational
agency shall complete the
verification activities
required for the school year
(including followup
activities).
(II) Extension.--Under
criteria established by the
Secretary, a State may extend
the deadline established under
subclause (I) for a school year
for a local educational agency
to December 15 of the school
year.
(ii) Eligibility changes.--Based on
the verification activities, the local
educational agency shall make
appropriate modifications to the
eligibility determinations made for
household applications in accordance
with criteria established by the
Secretary.
(I) Local conditions.--In the case of a
natural disaster, civil disorder, strike, or
other local condition (as determined by the
Secretary), the Secretary may substitute
alternatives for--
(i) the sample size and sample
selection criteria established under
subparagraph (D); and
(ii) the verification deadline
established under subparagraph (H).
(J) Individual review.--In accordance with
criteria established by the Secretary, the
local educational agency may, on individual
review--
(i) decline to verify no more than 5
percent of approved household
applications selected under
subparagraph (D); and
(ii) replace the approved household
applications with other approved
household applications to be verified.
(K) Feasibility study.--
(i) In general.--The Secretary shall
conduct a study of the feasibility of
using computer technology (including
data mining) to reduce--
(I) overcertification errors
in the school lunch program
under this Act;
(II) waste, fraud, and abuse
in connection with this
paragraph; and
(III) errors, waste, fraud,
and abuse in other nutrition
programs, as determined to be
appropriate by the Secretary.
(ii) Report.--Not later than 180 days
after the date of enactment of this
paragraph, the Secretary shall submit
to the Committee on Education and the
Workforce of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate a report describing--
(I) the results of the
feasibility study conducted
under this subsection;
(II) how a computer system
using technology described in
clause (i) could be
implemented;
(III) a plan for
implementation; and
(IV) proposed legislation, if
necessary, to implement the
system.
(4) Direct certification for children in supplemental
nutrition assistance program households.--
(A) In general.--Subject to subparagraph (D),
each State agency shall enter into an agreement
with the State agency conducting eligibility
determinations for the supplemental nutrition
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.).
(B) Procedures.--Subject to paragraph (6),
the agreement shall establish procedures under
which a child who is a member of a household
receiving assistance under the supplemental
nutrition assistance program shall be certified
as eligible for free lunches under this Act and
free breakfasts under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), without
further application.
(C) Certification.--Subject to paragraph (6),
under the agreement, the local educational
agency conducting eligibility determinations
for a school lunch program under this Act and a
school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)
shall certify a child who is a member of a
household receiving assistance under the
supplemental nutrition assistance program as
eligible for free lunches under this Act and
free breakfasts under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), without
further application.
(D) Applicability.--This paragraph applies
to--
(i) in the case of the school year
beginning July 2006, a school district
that had an enrollment of 25,000
students or more in the preceding
school year;
(ii) in the case of the school year
beginning July 2007, a school district
that had an enrollment of 10,000
students or more in the preceding
school year; and
(iii) in the case of the school year
beginning July 2008 and each subsequent
school year, each local educational
agency.
(E) Performance awards.--
(i) In general.--Effective for each
of the school years beginning July 1,
2011, July 1, 2012, and July 1, 2013,
the Secretary shall offer performance
awards to States to encourage the
States to ensure that all children
eligible for direct certification under
this paragraph are certified in
accordance with this paragraph.
(ii) Requirements.--For each school
year described in clause (i), the
Secretary shall--
(I) consider State data from
the prior school year,
including estimates contained
in the report required under
section 4301 of the Food,
Conservation, and Energy Act of
2008 (42 U.S.C. 1758a); and
(II) make performance awards
to not more than 15 States that
demonstrate, as determined by
the Secretary--
(aa) outstanding
performance; and
(bb) substantial
improvement.
(iii) Use of funds.--A State agency
that receives a performance award under
clause (i)--
(I) shall treat the funds as
program income; and
(II) may transfer the funds
to school food authorities for
use in carrying out the
program.
(iv) Funding.--
(I) In general.--On October
1, 2011, and each subsequent
October 1 through October 1,
2013, out of any funds in the
Treasury not otherwise
appropriated, the Secretary of
the Treasury shall transfer to
the Secretary--
(aa) $2,000,000 to
carry out clause
(ii)(II)(aa); and
(bb) $2,000,000 to
carry out clause
(ii)(II)(bb).
(II) Receipt and
acceptance.--The Secretary
shall be entitled to receive,
shall accept, and shall use to
carry out this clause the funds
transferred under subclause
(I), without further
appropriation.
(v) Payments not subject to judicial
review.--A determination by the
Secretary whether, and in what amount,
to make a performance award under this
subparagraph shall not be subject to
administrative or judicial review.
(F) Continuous improvement plans.--
(i) Definition of required
percentage.--In this subparagraph, the
term ``required percentage'' means--
(I) for the school year
beginning July 1, 2011, 80
percent;
(II) for the school year
beginning July 1, 2012, 90
percent; and
(III) for the school year
beginning July 1, 2013, and
each school year thereafter, 95
percent.
(ii) Requirements.--Each school year,
the Secretary shall--
(I) identify, using data from
the prior year, including
estimates contained in the
report required under section
4301 of the Food, Conservation,
and Energy Act of 2008 (42
U.S.C. 1758a), States that
directly certify less than the
required percentage of the
total number of children in the
State who are eligible for
direct certification under this
paragraph;
(II) require the States
identified under subclause (I)
to implement a continuous
improvement plan to fully meet
the requirements of this
paragraph, which shall include
a plan to improve direct
certification for the following
school year; and
(III) assist the States
identified under subclause (I)
to develop and implement a
continuous improvement plan in
accordance with subclause (II).
(iii) Failure to meet performance
standard.--
(I) In general.--A State that
is required to develop and
implement a continuous
improvement plan under clause
(ii)(II) shall be required to
submit the continuous
improvement plan to the
Secretary, for the approval of
the Secretary.
(II) Requirements.--At a
minimum, a continuous
improvement plan under
subclause (I) shall include--
(aa) specific
measures that the State
will use to identify
more children who are
eligible for direct
certification,
including improvements
or modifications to
technology, information
systems, or databases;
(bb) a timeline for
the State to implement
those measures; and
(cc) goals for the
State to improve direct
certification results.
(G) Without further application.--
(i) In general.--In this paragraph,
the term ``without further
application'' means that no action is
required by the household of the child.
(ii) Clarification.--A requirement
that a household return a letter
notifying the household of eligibility
for direct certification or eligibility
for free school meals does not meet the
requirements of clause (i).
(5) Discretionary certification.--Subject to
paragraph (6), any local educational agency may certify
any child as eligible for free lunches or breakfasts,
without further application, by directly communicating
with the appropriate State or local agency to obtain
documentation of the status of the child as--
(A) a member of a family that is receiving
assistance under the temporary assistance for
needy families program funded under part A of
title IV of the Social Security Act (42 U.S.C.
601 et seq.) that the Secretary determines
complies with standards established by the
Secretary that ensure that the standards under
the State program are comparable to or more
restrictive than those in effect on June 1,
1995;
(B) a homeless child or youth (defined as 1
of the individuals described in section 725(2)
of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2));
(C) served by the runaway and homeless youth
grant program established under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.);
(D) a migratory child (as defined in section
1309 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6399)); or
(E)(i) a foster child whose care and
placement is the responsibility of an agency
that administers a State plan under part B or E
of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
(ii) a foster child who a court has placed
with a caretaker household.
(6) Use or disclosure of information.--
(A) In general.--The use or disclosure of any
information obtained from an application for
free or reduced price meals, or from a State or
local agency referred to in paragraph (3)(F),
(4), or (5), shall be limited to--
(i) a person directly connected with
the administration or enforcement of
this Act or the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.)
(including a regulation promulgated
under either Act);
(ii) a person directly connected with
the administration or enforcement of--
(I) a Federal education
program;
(II) a State health or
education program administered
by the State or local
educational agency (other than
a program carried out under
title XIX or XXI of the Social
Security Act (42 U.S.C. 1396 et
seq.; 42 U.S.C. 1397aa et
seq.)); or
(III) a Federal, State, or
local means-tested nutrition
program with eligibility
standards comparable to the
school lunch program under this
Act;
(iii)(I) the Comptroller General of
the United States for audit and
examination authorized by any other
provision of law; and
(II) notwithstanding any other
provision of law, a Federal, State, or
local law enforcement official for the
purpose of investigating an alleged
violation of any program covered by
this paragraph or paragraph (3)(F),
(4), or (5);
(iv) a person directly connected with
the administration of the State
medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.) or the State children's health
insurance program under title XXI of
that Act (42 U.S.C. 1397aa et seq.)
solely for the purposes of--
(I) identifying children
eligible for benefits under,
and enrolling children in,
those programs, except that
this subclause shall apply only
to the extent that the State
and the local educational
agency or school food authority
so elect; and
(II) verifying the
eligibility of children for
programs under this Act or the
Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
(v) a third party contractor
described in paragraph (3)(G)(iv).
(B) Limitation on information provided.--
Information provided under clause (ii) or (v)
of subparagraph (A) shall be limited to the
income eligibility status of the child for whom
application for free or reduced price meal
benefits is made or for whom eligibility
information is provided under paragraph (3)(F),
(4), or (5), unless the consent of the parent
or guardian of the child for whom application
for benefits was made is obtained.
(C) Criminal penalty.--A person described in
subparagraph (A) who publishes, divulges,
discloses, or makes known in any manner, or to
any extent not authorized by Federal law
(including a regulation), any information
obtained under this subsection shall be fined
not more than $1,000 or imprisoned not more
than 1 year, or both.
(D) Requirements for waiver of
confidentiality.--A State that elects to
exercise the option described in subparagraph
(A)(iv)(I) shall ensure that any local
educational agency or school food authority
acting in accordance with that option--
(i) has a written agreement with 1 or
more State or local agencies
administering health programs for
children under titles XIX and XXI of
the Social Security Act (42 U.S.C. 1396
et seq. and 1397aa et seq.) that
requires the health agencies to use the
information obtained under subparagraph
(A) to seek to enroll children in those
health programs; and
(ii)(I) notifies each household, the
information of which shall be disclosed
under subparagraph (A), that the
information disclosed will be used only
to enroll children in health programs
referred to in subparagraph (A)(iv);
and
(II) provides each parent or guardian
of a child in the household with an
opportunity to elect not to have the
information disclosed.
(E) Use of disclosed information.--A person
to which information is disclosed under
subparagraph (A)(iv)(I) shall use or disclose
the information only as necessary for the
purpose of enrolling children in health
programs referred to in subparagraph (A)(iv).
(7) Free and reduced price policy statement.--
(A) In general.--After the initial
submission, a local educational agency shall
not be required to submit a free and reduced
price policy statement to a State educational
agency under this Act unless there is a
substantive change in the free and reduced
price policy of the local educational agency.
(B) Routine change.--A routine change in the
policy of a local educational agency (such as
an annual adjustment of the income eligibility
guidelines for free and reduced price meals)
shall not be sufficient cause for requiring the
local educational agency to submit a policy
statement.
(8) Communications.--
(A) In general.--Any communication with a
household under this subsection or subsection
(d) shall be in an understandable and uniform
format and, to the maximum extent practicable,
in a language that parents and legal guardians
can understand.
(B) Electronic availability.--In addition to
the distribution of applications and
descriptive material in paper form as provided
for in this paragraph, the applications and
material may be made available electronically
via the Internet.
(9) Eligibility for free and reduced price lunches.--
(A) Free lunches.--Any child who is a member
of a household whose income, at the time the
application is submitted, is at an annual rate
which does not exceed the applicable family
size income level of the income eligibility
guidelines for free lunches, as determined
under paragraph (1), shall be served a free
lunch.
(B) Reduced price lunches.--
(i) In general.--Any child who is a
member of a household whose income, at
the time the application is submitted,
is at an annual rate greater than the
applicable family size income level of
the income eligibility guidelines for
free lunches, as determined under
paragraph (1), but less than or equal
to the applicable family size income
level of the income eligibility
guidelines for reduced price lunches,
as determined under paragraph (1),
shall be served a reduced price lunch.
(ii) Maximum price.--The price
charged for a reduced price lunch shall
not exceed 40 cents.
(C) Duration.--Except as otherwise specified
in paragraph (3)(E), (3)(H)(ii), and section
11(a), eligibility for free or reduced price
meals for any school year shall remain in
effect--
(i) beginning on the date of
eligibility approval for the current
school year; and
(ii) ending on a date during the
subsequent school year determined by
the Secretary.
(10) No physical segregation of or other discrimination
against any child eligible for a free lunch or a reduced price
lunch under this subsection shall be made by the school nor
shall there be any overt identification of any child by special
tokens or tickets, announced or published list of names, or by
other means.
(11) Any child who has a parent or guardian who (A) is
responsible for the principal support of such child and (B) is
unemployed shall be served a free or reduced price lunch,
respectively, during any period (i) in which such child's
parent or guardian continues to be unemployed and (ii) the
income of the child's parents or guardians during such period
of unemployment falls within the income eligibility criteria
for free lunches or reduced price lunches, respectively, based
on the current rate of income of such parents or guardians.
Local educational agencies shall publicly announce that such
children are eligible for free or reduced price lunch, and
shall make determinations with respect to the status of any
parent or guardian of any child under clauses (A) and (B) of
the preceding sentence on the basis of a statement executed in
such form as the Secretary may prescribe by such parent or
guardian. No physical segregation of, or other discrimination
against, any child eligible for a free or reduced price lunch
under this paragraph shall be made by the school nor shall
there be any overt identification of any such child by special
tokens or tickets, announced or published lists of names, or by
any other means.
(12)(A) A child shall be considered automatically eligible
for a free lunch and breakfast under this Act and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), respectively,
without further application or eligibility determination, if
the child is--
(i) a member of a household receiving assistance
under the supplemental nutrition assistance program
authorized under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.);
(ii) a member of a family (under the State program
funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.)) that the Secretary
determines complies with standards established by the
Secretary that ensure that the standards under the
State program are comparable to or more restrictive
than those in effect on June 1, 1995;
(iii) enrolled as a participant in a Head Start
program authorized under the Head Start Act (42 U.S.C.
9831 et seq.), on the basis of a determination that the
child meets the eligibility criteria prescribed under
section 645(a)(1)(B) of the Head Start Act (42 U.S.C.
9840(a)(1)(B));
(iv) a homeless child or youth (defined as 1
of the individuals described in section 725(2)
of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2)));
(v) served by the runaway and homeless youth
grant program established under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.);
(vi) a migratory child (as defined in section
1309 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6399)); or
(vii)(I) a foster child whose care and
placement is the responsibility of an agency
that administers a State plan under part B or E
of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
(II) a foster child who a court has
placed with a caretaker household.
(B) Proof of receipt of supplemental nutrition assistance
program benefits or assistance under the State program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995, or of
enrollment or participation in a Head Start program on the
basis described in subparagraph (A)(iii), shall be sufficient
to satisfy any verification requirement imposed under this
subsection.
(13) Exclusion of certain military housing
allowances.--The amount of a basic allowance provided
under section 403 of title 37, United States Code, on
behalf of a member of a uniformed service for housing
that is acquired or constructed under subchapter IV of
chapter 169 of title 10, United States Code, or any
related provision of law, shall not be considered to be
income for the purpose of determining the eligibility
of a child who is a member of the household of the
member of a uniformed service for free or reduced price
lunches under this Act.
(14) Combat pay.--
(A) Definition of combat pay.--In this
paragraph, the term ``combat pay'' means any
additional payment under chapter 5 of title 37,
United States Code, or otherwise designated by
the Secretary to be appropriate for exclusion
under this paragraph, that is received by or
from a member of the United States Armed Forces
deployed to a designated combat zone, if the
additional pay--
(i) is the result of deployment to or
service in a combat zone; and
(ii) was not received immediately
prior to serving in a combat zone.
(B) Exclusion.--Combat pay shall not be
considered to be income for the purpose of
determining the eligibility for free or reduced
price meals of a child who is a member of the
household of a member of the United States
Armed Forces.
(15) Direct certification for children receiving
medicaid benefits.--
(A) Definitions.--In this paragraph:
(i) Eligible child.--The term
``eligible child'' means a child--
(I)(aa) who is eligible for
and receiving medical
assistance under the Medicaid
program; and
(bb) who is a member of a
family with an income as
measured by the Medicaid
program before the application
of any expense, block, or other
income disregard, that does not
exceed 133 percent of the
poverty line (as defined in
section 673(2) of the Community
Services Block Grant Act (42
U.S.C. 9902(2), including any
revision required by such
section)) applicable to a
family of the size used for
purposes of determining
eligibility for the Medicaid
program; or
(II) who is a member of a
household (as that term is
defined in section 245.2 of
title 7, Code of Federal
Regulations (or successor
regulations) with a child
described in subclause (I).
(ii) Medicaid program.--The term
``Medicaid program'' means the program
of medical assistance established under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.).
(B) Demonstration project.--
(i) In general.--The Secretary,
acting through the Administrator of the
Food and Nutrition Service and in
cooperation with selected State
agencies, shall conduct a demonstration
project in selected local educational
agencies to determine whether direct
certification of eligible children is
an effective method of certifying
children for free lunches and
breakfasts under section 9(b)(1)(A) of
this Act and section 4(e)(1)(A) of the
Child Nutrition Act of 1966 (42 U.S.C.
1773(e)(1)(A)).
(ii) Scope of project.--The Secretary
shall carry out the demonstration
project under this subparagraph--
(I) for the school year
beginning July 1, 2012, in
selected local educational
agencies that collectively
serve 2.5 percent of students
certified for free and reduced
price meals nationwide, based
on the most recent available
data;
(II) for the school year
beginning July 1, 2013, in
selected local educational
agencies that collectively
serve 5 percent of students
certified for free and reduced
price meals nationwide, based
on the most recent available
data; and
(III) for the school year
beginning July 1, 2014, and
each subsequent school year, in
selected local educational
agencies that collectively
serve 10 percent of students
certified for free and reduced
price meals nationwide, based
on the most recent available
data.
(iii) Purposes of the project.--At a
minimum, the purposes of the
demonstration project shall be--
(I) to determine the
potential of direct
certification with the Medicaid
program to reach children who
are eligible for free meals but
not certified to receive the
meals;
(II) to determine the
potential of direct
certification with the Medicaid
program to directly certify
children who are enrolled for
free meals based on a household
application; and
(III) to provide an estimate
of the effect on Federal costs
and on participation in the
school lunch program under this
Act and the school breakfast
program established by section
4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) of direct
certification with the Medicaid
program.
(iv) Cost estimate.--For each of 2
school years of the demonstration
project, the Secretary shall estimate
the cost of the direct certification of
eligible children for free school meals
through data derived from--
(I) the school meal programs
authorized under this Act and
the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.);
(II) the Medicaid program;
and
(III) interviews with a
statistically representative
sample of households.
(C) Agreement.--
(i) In general.--Not later than July
1 of the first school year during which
a State agency will participate in the
demonstration project, the State agency
shall enter into an agreement with the
1 or more State agencies conducting
eligibility determinations for the
Medicaid program.
(ii) Without further application.--
Subject to paragraph (6), the agreement
described in subparagraph (D) shall
establish procedures under which an
eligible child shall be certified for
free lunches under this Act and free
breakfasts under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773),
without further application (as defined
in paragraph (4)(G)).
(D) Certification.--For the school year
beginning on July 1, 2012, and each subsequent
school year, subject to paragraph (6), the
local educational agencies participating in the
demonstration project shall certify an eligible
child as eligible for free lunches under this
Act and free breakfasts under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
without further application (as defined in
paragraph (4)(G)).
(E) Site selection.--
(i) In general.--To be eligible to
participate in the demonstration
project under this subsection, a State
agency shall submit to the Secretary an
application at such time, in such
manner, and containing such information
as the Secretary may require.
(ii) Considerations.--In selecting
States and local educational agencies
for participation in the demonstration
project, the Secretary may take into
consideration such factors as the
Secretary considers to be appropriate,
which may include--
(I) the rate of direct
certification;
(II) the share of individuals
who are eligible for benefits
under the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C.
2011 et seq.) who participate
in the program, as determined
by the Secretary;
(III) the income eligibility
limit for the Medicaid program;
(IV) the feasibility of
matching data between local
educational agencies and the
Medicaid program;
(V) the socioeconomic profile
of the State or local
educational agencies; and
(VI) the willingness of the
State and local educational
agencies to comply with the
requirements of the
demonstration project.
(F) Access to data.--For purposes of
conducting the demonstration project under this
paragraph, the Secretary shall have access to--
(i) educational and other records of
State and local educational and other
agencies and institutions receiving
funding or providing benefits for 1 or
more programs authorized under this Act
or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.); and
(ii) income and program participation
information from public agencies
administering the Medicaid program.
(G) Report to congress.--
(i) In general.--Not later than
October 1, 2014, the Secretary shall
submit to the Committee on Education
and Labor of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate, an interim report that
describes the results of the
demonstration project required under
this paragraph.
(ii) Final report.--Not later than
October 1, 2015, the Secretary shall
submit a final report to the committees
described in clause (i).
(H) Funding.--
(i) In general.--On October 1, 2010,
out of any funds in the Treasury not
otherwise appropriated, the Secretary
of the Treasury shall transfer to the
Secretary to carry out subparagraph (G)
$5,000,000, to remain available until
expended.
(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive,
shall accept, and shall use to carry
out subparagraph (G) the funds
transferred under clause (i), without
further appropriation.
(c) School lunch programs under this Act shall be operated on
a nonprofit basis. Commodities purchased under the authority of
section 32 of the Act of August 24, 1935, may be donated by the
Secretary to schools, in accordance with the needs as
determined by local school authorities, for utilization in the
school lunch program under this Act as well as to other schools
carrying out nonprofit school lunch programs and institutions
authorized to receive such commodities. The requirements of
this section relating to the service of meals without cost or
at a reduced cost shall apply to the lunch program of any
school utilizing commodities donated under any provision of
law.
(d)(1) The Secretary shall require as a condition of
eligibility for receipt of free or reduced price lunches that
the member of the household who executes the application
furnish the last 4 digits of the social security account number
of the parent or guardian who is the primary wage earner
responsible for the care of the child for whom the application
is made, or that of another appropriate adult member of the
child's household, as determined by the Secretary.
(2) No member of a household may be provided a free or
reduced price lunch under this Act unless--
(A) appropriate documentation relating to the income
of such household (as prescribed by the Secretary) has
been provided to the appropriate local educational
agency so that the local educational agency may
calculate the total income of such household;
(B) documentation showing that the household is
participating in the supplemental nutrition assistance
program under the Food and Nutrition Act of 2008 has
been provided to the appropriate local educational
agency;
(C) documentation has been provided to the
appropriate local educational agency showing that the
family is receiving assistance under the State program
funded under part A of title IV of the Social Security
Act that the Secretary determines complies with
standards established by the Secretary that ensure that
the standards under the State program are comparable to
or more restrictive than those in effect on June 1,
1995;
(D) documentation has been provided to the
appropriate local educational agency showing that the
child meets the criteria specified in clauses (iv) or
(v) of subsection (b)(12)(A);
(E) documentation has been provided to the
appropriate local educational agency showing the status
of the child as a migratory child (as defined in
section 1309 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6399));
(F)(i) documentation has been provided to the
appropriate local educational agency showing the status
of the child as a foster child whose care and placement
is the responsibility of an agency that administers a
State plan under part B or E of title IV of the Social
Security Act (42 U.S.C. 621 et seq.); or
(ii) documentation has been provided to the
appropriate local educational agency showing
the status of the child as a foster child who a
court has placed with a caretaker household; or
(G) documentation has been provided to the
appropriate local educational agency showing the status
of the child as an eligible child (as defined in
subsection (b)(15)(A)).
(e) A school or school food authority participating in a
program under this Act may not contract with a food service
company to provide a la carte food service unless the company
agrees to offer free, reduced price, and full-price
reimbursable meals to all eligible children.
(f) Nutritional Requirements.--
(1) In general.--Schools that are participating in
the school lunch program or school breakfast program
shall serve lunches and breakfasts that--
(A) are consistent with the goals of the most
recent Dietary Guidelines for Americans
published under section 301 of the National
Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341); and
(B) consider the nutrient needs of children
who may be at risk for inadequate food intake
and food insecurity.
(2) To assist schools in meeting the requirements of this
subsection, the Secretary--
(A) shall--
(i) develop, and provide to schools,
standardized recipes, menu cycles, and food
product specification and preparation
techniques; and
(ii) provide to schools information regarding
nutrient standard menu planning, assisted
nutrient standard menu planning, and food-based
menu systems; and
(B) may provide to schools information regarding
other approaches, as determined by the Secretary.
(3) Use of any reasonable approach.--
(A) In general.--A school food service authority may
use any reasonable approach, within guidelines
established by the Secretary in a timely manner, to
meet the requirements of this subsection, including--
(i) using the school nutrition meal pattern
in effect for the 1994-1995 school year; and
(ii) using any of the approaches described in
paragraph (3).
(B) Nutrient analysis.--The Secretary may not require
a school to conduct or use a nutrient analysis to meet
the requirements of this subsection.
(4) Waiver of requirement for weighted averages for
nutrient analysis.--During the period ending on
September 30, 2010, the Secretary shall not require the
use of weighted averages for nutrient analysis of menu
items and foods offered or served as part of a meal
offered or served under the school lunch program under
this Act or the school breakfast program under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(g) Not later than 1 year after the date of enactment of this
subsection, the Secretary shall provide a notification to
Congress that justifies the need for production records
required under section 210.10(b) of title 7, Code of Federal
Regulations, and describes how the Secretary has reduced
paperwork relating to the school lunch and school breakfast
programs.
(h) Food Safety.--
(1) In general.--A school participating in the school
lunch program under this Act or the school breakfast
program under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773) shall--
(A) at least twice during each school year,
obtain a food safety inspection conducted by a
State or local governmental agency responsible
for food safety inspections;
(B) post in a publicly visible location a
report on the most recent inspection conducted
under subparagraph (A); and
(C) on request, provide a copy of the report
to a member of the public.
(2) State and local government inspections.--Nothing
in paragraph (1) prevents any State or local government
from adopting or enforcing any requirement for more
frequent food safety inspections of schools.
(3) Audits and reports by states.--[For fiscal year
2020] For fiscal year 2021, each State shall annually--
(A) audit food safety inspections of schools
conducted under paragraphs (1) and (2); and
(B) submit to the Secretary a report of the
results of the audit.
(4) Audit by the secretary.--[For fiscal year 2020]
For fiscal year 2021, the Secretary shall annually
audit State reports of food safety inspections of
schools submitted under paragraph (3).
(5) School food safety program.--
(A) In general.--Each school food authority
shall implement a school food safety program,
in the preparation and service of each meal
served to children, that complies with any
hazard analysis and critical control point
system established by the Secretary.
(B) Applicability.--Subparagraph (A) shall
apply to any facility or part of a facility in
which food is stored, prepared, or served for
the purposes of the school nutrition programs
under this Act or section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
(i) Single Permanent Agreement Between State Agency and
School Food Authority; Common Claims Form.--
(1) In general.--If a single State agency administers
any combination of the school lunch program under this
Act, the school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773), the
summer food service program for children under section
13 of this Act, or the child and adult care food
program under section 17 of this Act, the agency
shall--
(A) require each school food authority to
submit to the State agency a single agreement
with respect to the operation by the authority
of the programs administered by the State
agency; and
(B) use a common claims form with respect to
meals and supplements served under the programs
administered by the State agency.
(2) Additional requirement.--The agreement described
in paragraph (1)(A) shall be a permanent agreement that
may be amended as necessary.
(j) Purchases of Locally Produced Foods.--The Secretary
shall--
(1) encourage institutions receiving funds under this
Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.) to purchase unprocessed agricultural products,
both locally grown and locally raised, to the maximum
extent practicable and appropriate;
(2) advise institutions participating in a program
described in paragraph (1) of the policy described in
that paragraph and paragraph (3) and post information
concerning the policy on the website maintained by the
Secretary; and
(3) allow institutions receiving funds under this Act
and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.), including the Department of Defense Fresh Fruit
and Vegetable Program, to use a geographic preference
for the procurement of unprocessed agricultural
products, both locally grown and locally raised.
(k) Information on the School Nutrition Environment.--
(1) In general.--The Secretary shall--
(A) establish requirements for local
educational agencies participating in the
school lunch program under this Act and the
school breakfast program established by section
4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773) to report information about the school
nutrition environment, for all schools under
the jurisdiction of the local educational
agencies, to the Secretary and to the public in
the State on a periodic basis; and
(B) provide training and technical assistance
to States and local educational agencies on the
assessment and reporting of the school
nutrition environment, including the use of any
assessment materials developed by the
Secretary.
(2) Requirements.--In establishing the requirements
for reporting on the school nutrition environment under
paragraph (1), the Secretary shall--
(A) include information pertaining to food
safety inspections, local wellness policies,
meal program participation, the nutritional
quality of program meals, and other information
as determined by the Secretary; and
(B) ensure that information is made available
to the public by local educational agencies in
an accessible, easily understood manner in
accordance with guidelines established by the
Secretary.
(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection such sums as are necessary for each of
fiscal years 2011 through 2015.
(l) Food Donation Program.--
(1) In general.--Each school and local educational
agency participating in the school lunch program under
this Act may donate any food not consumed under such
program to eligible local food banks or charitable
organizations.
(2) Guidance.--
(A) In general.--Not later than 180 days
after the date of the enactment of this
subsection, the Secretary shall develop and
publish guidance to schools and local
educational agencies participating in the
school lunch program under this Act to assist
such schools and local educational agencies in
donating food under this subsection.
(B) Updates.--The Secretary shall update such
guidance as necessary.
(3) Liability.--Any school or local educational
agency making donations pursuant to this subsection
shall be exempt from civil and criminal liability to
the extent provided under the Bill Emerson Good
Samaritan Food Donation Act (42 U.S.C. 1791).
(4) Definition.--In this subsection, the term
``eligible local food banks or charitable
organizations'' means any food bank or charitable
organization which is exempt from tax under section
501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)).
* * * * * * *
SEC. 26. INFORMATION CLEARINGHOUSE.
(a) In General.--The Secretary shall enter into a contract
with a nongovernmental organization described in subsection (b)
to establish and maintain a clearinghouse to provide
information to nongovernmental groups located throughout the
United States that assist low-income individuals or communities
regarding food assistance, self-help activities to aid
individuals in becoming self-reliant, and other activities that
empower low-income individuals or communities to improve the
lives of low-income individuals and reduce reliance on Federal,
State, or local governmental agencies for food or other
assistance.
(b) Nongovernmental Organization.--The nongovernmental
organization referred to in subsection (a) shall be selected on
a competitive basis and shall--
(1) be experienced in the gathering of first-hand
information in all the States through onsite visits to
grassroots organizations in each State that fight
hunger and poverty or that assist individuals in
becoming self-reliant;
(2) be experienced in the establishment of a
clearinghouse similar to the clearinghouse described in
subsection (a);
(3) agree to contribute in-kind resources towards the
establishment and maintenance of the clearinghouse and
agree to provide clearinghouse information, free of
charge, to the Secretary, States, counties, cities,
antihunger groups, and grassroots organizations that
assist individuals in becoming self-sufficient and
self-reliant;
(4) be sponsored by an organization, or be an
organization, that--
(A) has helped combat hunger for at least 10
years;
(B) is committed to reinvesting in the United
States; and
(C) is knowledgeable regarding Federal
nutrition programs;
(5) be experienced in communicating the purpose of
the clearinghouse through the media, including the
radio and print media, and be able to provide access to
the clearinghouse information through computer or
telecommunications technology, as well as through the
mails; and
(6) be able to provide examples, advice, and guidance
to States, counties, cities, communities, antihunger
groups, and local organizations regarding means of
assisting individuals and communities to reduce
reliance on government programs, reduce hunger, improve
nutrition, and otherwise assist low-income individuals
and communities become more self-sufficient.
(c) Audits.--The Secretary shall establish fair and
reasonable auditing procedures regarding the expenditures of
funds to carry out this section.
(d) Funding.--Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall pay to the
Secretary to provide to the organization selected under this
section, to establish and maintain the information
clearinghouse, $200,000 for each of fiscal years 1995 and 1996,
$150,000 for fiscal year 1997, $100,000 for fiscal year 1998,
$166,000 for each of fiscal years 1999 through 2004, and
$250,000 for each of fiscal years [2010 through 2021] 2010
through 2022. The Secretary shall be entitled to receive the
funds and shall accept the funds, without further
appropriation.
* * * * * * *
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FOOD AND NUTRITION ACT OF 2008
* * * * * * *
APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS
Sec. 9.
(a) Authorization to Accept and Redeem Benefits.--
(1) Application.--
(A) In general.--Regulations issued pursuant
to this Act shall provide for the submission of
applications for approval by retail food stores
and wholesale food concerns which desire to be
authorized to accept and redeem benefits under
the supplemental nutrition assistance program
and for the approval of those applicants whose
participation will effectuate the purposes of
the supplemental nutrition assistance program.
(B) Factors for consideration.--In
determining the qualifications of applicants,
there shall be considered among such other
factors as may be appropriate, the following:
(i) the nature and extent of the food
business conducted by the applicant;
(ii) the volume of benefit
transactions which may reasonably be
expected to be conducted by the
applicant food store or wholesale food
concern;
(iii) whether the applicant is
located in an area with significantly
limited access to food;
(iv) any information, if available,
about the abilityof the anticipated or
existing electronic benefit
transferequipment and service provider
of the applicant toprovide sufficient
information through the
electronicbenefit transfer system to
minimize the risk of
fraudulenttransactions; and
(v) the business integrity and
reputation of the applicant.
(C) Certificate.--Approval of an applicant
shall be evidenced by the issuance to such
applicant of a nontransferable certificate of
approval.
(D) Visit Required.--No retail food store or
wholesale food concern of a type determined by
the Secretary, based on factors that include
size, location, and type of items sold, shall
be approved to be authorized or reauthorized
for participation in the supplemental nutrition
assistance program unless an authorized
employee of the Department of Agriculture, a
designee of the Secretary, or, if practicable,
an official of the State or local government
designated by the Secretary has visited the
store or concern for the purpose of determining
whether the store or concern should be approved
or reauthorized, as appropriate.
(2) The Secretary shall issue regulations providing for--
(A) the periodic reauthorization of retail food
stores and wholesale food concerns; and
(B) periodic notice to participating retail food
stores and wholesale food concerns of the definitions
of ``retail food store'', ``staple foods'', ``eligible
foods'', and ``perishable foods''.
(3) Authorization periods.--The Secretary shall establish
specific time periods during which authorization to accept and
redeem benefits shall be valid under the supplemental nutrition
assistance program.
(4) Electronic benefit transfer equipment and service
providers.--Before implementing clause (iv) of
paragraph (1)(B), the Secretary shall issue guidance
for retail food stores on how to select electronic
benefit transfer equipment and service providers that
are able to meet the requirements of that clause.
(b)(1) No wholesale food concern may be authorized to accept
and redeem benefits unless the Secretary determines that its
participation is required for the effective and efficient
operation of the supplemental nutrition assistance program. No
co-located wholesale-retail food concern may be authorized to
accept and redeem benefits as a retail food store, unless (A)
the concern does a substantial level of retail food business,
or (B) the Secretary determines that failure to authorize such
a food concern as a retail food store would cause hardship to
households that receive supplemental nutrition assistance
program benefits. In addition, no firm may be authorized to
accept and redeem benefits as both a retail food store and as a
wholesale food concern at the same time.
(2)(A) A buyer or transferee (other than a bona fide buyer or
transferee) of a retail food store or wholesale food concern
that has been disqualified under section 12(a) may not accept
or redeem benefits until the Secretary receives full payment of
any penalty imposed on such store or concern.
(B) A buyer or transferee may not, as a result of the sale or
transfer of such store or concern, be required to furnish a
bond under section 12(d).
(c) Regulations issued pursuant to this Act shall require an
applicant retail food store or wholesale food concern to submit
information, which may include relevant income and sales tax
filing documents, purchase invoices, records relating to
electronic benefit transfer equipment and related services,
transaction and redemption data provided through the electronic
benefit transfer system, or program-related records, which will
permit a determination to be made as to whether such applicant
qualifies, or continues to qualify, for approval under the
provisions of this Act or the regulations issued pursuant to
this Act. The regulations may require retail food stores and
wholesale food concerns to provide written authorization for
the Secretary to verify all relevant tax filings with
appropriate agencies and to obtain corroborating documentation
from other sources so that the accuracy of information provided
by the stores and concerns may be verified. Regulations issued
pursuant to this Act shall provide for safeguards which limit
the use or disclosure of information obtained under the
authority granted by this subsection to purposes directly
connected with administration and enforcement of the provisions
of this Act or the regulations issued pursuant to this Act,
except that such information may be disclosed to any used by
Federal law enforcement and investigative agencies and law
enforcement and investigative agencies of a State government
for the purposes of administering or enforcing this Act or any
other Federal or State law and the regulations issued under
this Act or such law, and State agencies that administer the
special supplemental nutrition program for women, infants and
children, authorized under section 17 of the Child Nutrition
Act of 1966, for purposes of administering the provisions of
that Act and the regulations issued under that Act. Any person
who publishes, divulges, discloses, or makes known in any
manner or to any extent not authorized by Federal law
(including a regulation) any information obtained under this
subsection shall be fined not more than $1,000 or imprisoned
not more than 1 year, or both. The regulations shall establish
the criteria to be used by the Secretary to determine whether
the information is needed. The regulations shall not prohibit
the audit and examination of such information by the
Comptroller General of the United States authorized by any
other provision of law.
(d) Any retail food store or wholesale food concern which has
failed upon application to receive approval to participate in
the supplemental nutrition assistance program may obtain a
hearing on such refusal as provided in section 14 of this Act.
A retail food store or wholesale food concern that is denied
approval to accept and redeem benefits because the store or
concern does not meet criteria for approval established by the
Secretary may not, for at least 6 months, submit a new
application to participate in the program. The Secretary may
establish a longer time period under the preceding sentence,
including permanent disqualification, that reflects the
severity of the basis of the denial.
(e) Approved retail food stores shall display a sign
providing information on how persons may report abuses they
have observed in the operation of the supplemental nutrition
assistance program.
(f) In those areas in which the Secretary, in consultation
with the Inspector General of the Department of Agriculture,
finds evidence that the operation of house-to-house trade
routes damages the program's integrity, the Secretary shall
limit the participation of house-to-house trade routes to those
routes that are reasonably necessary to provide adequate access
to households.
(g) EBT Service Requirement.--An approved retail food store
shall provide adequate EBT service as described in section
7(h)(3)(B).
(h) Private Establishments.--
(1) In general.--Subject to paragraph (2), no private
establishment that contracts with a State agency to
offer meals at concessional prices as described in
paragraphs (3), (4), and (9) of section 3(k) may be
authorized to accept and redeem benefits unless the
Secretary determines that the participation of the
private establishment is required to meet a documented
need in accordance with section 11(e)(25).
(2) Existing contracts.--
(A) In general.--If, on the day before the
date of enactment of this subsection, a State
has entered into a contract with a private
establishment described in paragraph (1) and
the Secretary has not determined that the
participation of the private establishment is
necessary to meet a documented need in
accordance with section 11(e)(25), the
Secretary shall allow the operation of the
private establishment to continue without that
determination of need for a period not to
exceed 180 days from the date on which the
Secretary establishes determination criteria,
by regulation, under section 11(e)(25).
(B) Justification.--If the Secretary
determines to terminate a contract with a
private establishment that is in effect on the
date of enactment of this subsection, the
Secretary shall provide justification to the
State in which the private establishment is
located for that termination.
(3) Report to Congress.--Not later than 90 days after
September 30, 2014, and 90 days after the last day of
each fiscal year thereafter, the Secretary shall submit
to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report on the
effectiveness of a program under this subsection using
any information received from States under section
11(e)(25) as well as any other information the
Secretary may have relating to the manner in which
benefits are used.
(i) Review of Program Operations.--
(1) Review by the secretary.--The Secretary--
(A) shall review a representative sample of
currently authorized facilities referred to in
section 3(k)(3) to determine whether benefits
are properly used by or on behalf of
participating households residing in such
facilities and whether such facilities are
using more than 1 source of Federal or State
funding to meet the food needs of residents;
(B) may carry out similar reviews for
currently participating residential drug and
alcohol treatment and rehabilitation programs,
and group living arrangements for the blind and
disabled, referred to in section 3(k);
(C) shall gather information, and such
facilities, programs, and arrangements shall be
required to submit information deemed necessary
for a full and thorough review; and
(D) shall report the results of these reviews
to the Committee on Agriculture of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate not later than 18 months after the date
of the enactment of the Agriculture Improvement
Act of 2018, along with recommendations
regarding--
(i) any additional requirements or
oversight that would be appropriate for
such facilities, programs, and
arrangements; and
(ii) whether such facilities,
programs, and arrangements should
continue to be authorized to
participate in the supplemental
nutrition assistance program.
(2) Limitation.--Nothing in this subsection shall
authorize the Secretary to deny any application for
continued authorization, any application for
authorization, or any request to withdraw the
authorization of any such facility, program, or
arrangement based on a determination that residents of
any such facility or entity are residents of an
institution prior to [December 31, 2020] December 31,
2021.
(j) Incentives.--
(1) Definition of eligible incentive food.--In this
subsection, the term ``eligible incentive food''
means--
(A) a staple food that is identified for
increased consumption, consistent with the most
recent dietary recommendations; and
(B) a fruit, vegetable, dairy, whole grain,
or product thereof.
(2) Guidance.--
(A) In general.--The Secretary shall issue
guidance to clarify the process by which an
approved retail food store may seek a waiver to
offer an incentive, which may be used only for
the purchase of an eligible incentive food at
the point of purchase, to a household
purchasing food with benefits issued under this
Act.
(B) Guidance.--The guidance under
subparagraph (A) shall establish a process
under which an approved retail food store,
prior to carrying out an incentive program
under this subsection, shall provide to the
Secretary information describing the incentive
program, including--
(i) the types of incentives that will
be offered;
(ii) the types of foods that will be
incentivized for purchase; and
(iii) an explanation of how the
incentive program intends to support
meeting dietary intake goals.
(3) No limitation on benefits.--A waiver granted
under this subsection shall not be used to carry out
any activity that limits the use of benefits under this
Act or any other Federal nutrition law.
(4) Effect.--Guidance provided under this subsection
shall not affect any requirements under section 4405 of
the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7517), including the eligibility of a retail
food store to participate in a project funded under
such section.
(5) Report.--The Secretary shall submit to the
Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate an annual report
describing the types of incentives approved under this
subsection.
* * * * * * *
----------
CONSOLIDATED APPROPRIATIONS ACT, 2018
(Public Law 115-141, division A)
* * * * * * *
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
* * * * * * *
TITLE VII
GENERAL PROVISIONS
* * * * * * *
Sec. 779. For an additional amount for ``Rural Utilities
Service--Distance Learning, Telemedicine, and Broadband
Program'', $600,000,000, to remain available until expended,
for the Secretary of Agriculture to conduct a new broadband
loan and grant pilot program under the Rural Electrification
Act of 1936 (7 U.S.C. 901 et seq.): Provided, That for the
purpose of the new pilot program, the authorities provided in
such Act shall include the authority to make grants for such
purposes, as described in section 601(a) of such Act: Provided
further, That the cost of direct loans shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That at least 90 percent of the households to be
served by a project receiving a loan or grant under the pilot
program shall be in a rural area without sufficient access to
broadband, defined for this pilot program as 10 Mbps
downstream, and 1 Mbps upstream, which shall be reevaluated and
redetermined, as necessary, on an annual basis by the Secretary
of Agriculture: Provided further, That an entity to which a
loan or grant is made under the pilot program shall not use the
loan or grant to overbuild or duplicate broadband expansion
[efforts made] service provided by any entity that has received
a broadband loan from the Rural Utilities Service: Provided
further, That in addition to other available funds, not more
than four percent of the funds can be used for administrative
costs to carry out this pilot program and up to three percent
may be utilized for technical assistance and pre-development
planning activities to support the most rural communities,
which shall be transferred to and merged with the appropriation
for ``Rural Development, Salaries and Expenses'': Provided
further, That the Rural Utility Service is directed to expedite
program delivery methods that would implement this section:
Provided further, That for purposes of this section, the
Secretary shall adhere to the notice, reporting and service
area assessment requirements set forth in sections
6104(a)(2)(D) and 6104(a)(2)(E) of the Agricultural Act of 2014
(7 U.S.C. 950bb(d)(5), and 950bb(d)(8) and 950bb(d)(10)).
* * * * * * *
----------
FEDERAL FOOD, DRUG, AND COSMETIC ACT
* * * * * * *
CHAPTER V--DRUGS AND DEVICES
* * * * * * *
Subchapter E--General Provisions Relating to Drugs and Devices
* * * * * * *
SEC. 569D. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF DRUGS AND
CONTROLLED SUBSTANCES.
(a) Order To Cease Distribution and Recall.--
(1) In general.--If the Secretary determines there is
a reasonable probability that a drug or controlled
substance would cause serious adverse health
consequences or death, the Secretary may, after
providing the appropriate person with an opportunity to
consult with the agency, issue an order requiring
manufacturers, importers, distributors, or pharmacists,
who distribute such drug or controlled substance to
immediately cease distribution of such drug or
controlled substance.
(2) Hearing.--An order under paragraph (1) shall
provide the person subject to the order with an
opportunity for an informal hearing, to be held not
later than 10 days after the date of issuance of the
order, on whether adequate evidence exists to justify
an amendment to the order, and what actions are
required by such amended order pursuant to subparagraph
(3).
(3) Order resolution.--After an order is issued
according to the process under paragraphs (1) and (2),
the Secretary shall, except as provided in paragraph
(4)--
(A) vacate the order, if the Secretary
determines that inadequate grounds exist to
support the actions required by the order;
(B) continue the order ceasing distribution
of the drug or controlled substance until a
date specified in such order; or
(C) amend the order to require a recall of
the drug or controlled substance, including any
requirements to notify appropriate persons, a
timetable for the recall to occur, and a
schedule for updates to be provided to the
Secretary regarding such recall.
(4) Risk assessment.--If the Secretary determines
that the risk of recalling a drug or controlled
substance presents a greater health risk than the
health risk of not recalling such drug or controlled
substance from use, an amended order under subparagraph
(B) or (C) of paragraph (3) shall not include either a
recall order for, or an order to cease distribution of,
such drug or controlled substance, as applicable.
(5) Action following order.--Any person who is
subject to an order pursuant to subparagraph (B) or (C)
of paragraph (3) shall immediately cease distribution
of or recall, as applicable, the drug or controlled
substance and provide notification as required by such
order.
(b) Notice to Persons Affected.--If the Secretary determines
necessary, the Secretary may require the person subject to an
order pursuant to paragraph (1) or an amended order pursuant to
subparagraph (B) or (C) of paragraph (3) to provide either a
notice of a recall order for, or an order to cease distribution
of, such drug or controlled substance, as applicable, under
this section to appropriate persons, including persons who
manufacture, distribute, import, or offer for sale such product
that is the subject of an order and to the public. In providing
such notice, the Secretary may use the assistance of health
professionals who prescribed or dispensed such drugs or
controlled substances.
(c) Nondelegation.--An order described in subsection (a)(3)
shall be ordered by the Secretary or an official designated by
the Secretary. An official may not be so designated under this
section unless the official is the Director of the Center for
Drug Evaluation and Research [or an official senior to such
Director] or the Director of the Center for Biologics
Evaluation and Research (or an official senior to either such
Director).
(d) Savings Clause.--Nothing contained in this section shall
be construed as limiting--
(1) the authority of the Secretary to issue an order
to cease distribution of, or to recall, any drug under
any other provision of this Act or the Public Health
Service Act; or
(2) the ability of the Secretary to request any
person to perform a voluntary activity related to any
drug subject to this Act or the Public Health Service
Act.
* * * * * * *
CHAPTER VIII--IMPORTS AND EXPORTS
imports and exports
Sec. 801. (a) The Secretary of the Treasury shall deliver to
the Secretary of Health and Human Services, upon his request,
samples of food, drugs, devices, tobacco products, and
cosmetics which are being imported or offered for import into
the United States, giving notice thereof to the owner or
consignee, who may appear before the Secretary of Health and
Human Services and have the right to introduce testimony. The
Secretary of Health and Human Services shall furnish to the
Secretary of the Treasury a list of establishments registered
pursuant to subsection (i) of section 510 or section 905(h) and
shall request that if any drugs, devices, or tobacco products
manufactured, prepared, propagated, compounded, or processed in
an establishment not so registered are imported or offered for
import into the United States, samples of such drugs, devices,
or tobacco products be delivered to the Secretary of Health and
Human Services, with notice of such delivery to the owner or
consignee, who may appear before the Secretary of Health and
Human Services and have the right to introduce testimony. If it
appears from the examination of such samples or otherwise that
(1) such article has been manufactured, processed, or packed
under insanitary conditions or, in the case of a device, the
methods used in, or the facilities or controls used for, the
manufacture, packing, storage, or installation of the device do
not conform to the requirements of section 520(f), or (2) such
article is forbidden or restricted in sale in the country in
which it was produced or from which it was exported, or (3)
such article is adulterated, misbranded, or in violation of
section 505 or the importer (as defined in section 805) is in
violation of such section 805, or prohibited from introduction
or delivery for introduction into interstate commerce under
section 301(ll), or [is a controlled substance subject to an
order under section 569D] is a drug or controlled substance
subject to an order under section 569D, or (4) the
recordkeeping requirements under section 204 of the FDA Food
Safety Modernization Act (other than the requirements under
subsection (f) of such section) have not been complied with
regarding such articleor (5) such article is being imported or
offered for import in violation of section 301(cc), then any
such article described in any of clauses (1) through (5) shall
be refused admission, except as provided in subsection (b) of
this section. If it appears from the examination of such
samples or otherwise that the article is a counterfeit drug,
such article shall be refused admission. With respect to an
article of food, if importation of such food is subject to, but
not compliant with, the requirement under subsection (q) that
such food be accompanied by a certification or other assurance
that the food meets applicable requirements of this Act, then
such article shall be refused admission. If such article is
subject to a requirement under section 760 or 761 and if the
Secretary has credible evidence or information indicating that
the responsible person (as defined in such section 760 or 761)
has not complied with a requirement of such section 760 or 761
with respect to any such article, or has not allowed access to
records described in such section 760 or 761, then such article
shall be refused admission, except as provided in subsection
(b) of this section. The Secretary of the Treasury shall cause
the destruction of any such article refused admission unless
such article is exported, under regulations prescribed by the
Secretary of the Treasury, within ninety days of the date of
notice of such refusal or within such additional time as may be
permitted pursuant to such regulations, except that the
Secretary of Health and Human Services may destroy, without the
opportunity for export, any drug refused admission under this
section, if such drug is valued at an amount that is $2,500 or
less (or such higher amount as the Secretary of the Treasury
may set by regulation pursuant to section 498(a)(1) of the
Tariff Act of 1930 (19 U.S.C. 1498(a)(1)) and was not brought
into compliance as described under subsection (b).. The
Secretary of Health and Human Services shall issue regulations
providing for notice and an opportunity to appear before the
Secretary of Health and Human Services and introduce testimony,
as described in the first sentence of this subsection, on
destruction of a drug under the sixth sentence of this
subsection. The regulations shall provide that prior to
destruction, appropriate due process is available to the owner
or consignee seeking to challenge the decision to destroy the
drug. Where the Secretary of Health and Human Services provides
notice and an opportunity to appear and introduce testimony on
the destruction of a drug, the Secretary of Health and Human
Services shall store and, as applicable, dispose of the drug
after the issuance of the notice, except that the owner and
consignee shall remain liable for costs pursuant to subsection
(c). Such process may be combined with the notice and
opportunity to appear before the Secretary and introduce
testimony, as described in the first sentence of this
subsection, as long as appropriate notice is provided to the
owner or consignee. Neither clause (2) nor clause (5) of the
third sentence of this subsection shall be construed to
prohibit the admission of narcotic drugs, the importation of
which is permitted under the controlled substances Import and
Export Act.
(b) Pending decision as to the admission of an article being
imported or offered for import, the Secretary of the Treasury
may authorize delivery of such article to the owner or
consignee upon the execution by him of a good and sufficient
bond providing for the payment of such liquidated damages in
the event of default as may be required pursuant to regulations
of the Secretary of the Treasury. If it appears to the
Secretary of Health and Human Services that (1) an article
included within the provisions of clause (3) of subsection (a)
of this section can, by relabeling or other action, be brought
into compliance with the Act or rendered other than a food,
drug, device, or cosmetic, or (2) with respect to an article
described in subsection (a) relating to the requirements of
sections 760 or 761,, the responsible person (as defined in
section 760 or 761) can take action that would assure that the
responsible person is in compliance with section 760 or 761, as
the case may be, final determination as to admission of such
article may be deferred and, upon filing of timely written
application by the owner or consignee and the execution by him
of a bond as provided in the preceding provisions of this
subsection, the Secretary may, in accordance with regulations,
authorize the applicant, or, with respect to clause (2), the
responsible person, to perform such relabeling or other action
specified in such authorization (including destruction or
export of rejected articles or portions thereof, as may be
specified in the Secretary's authorization). All such
relabeling or other action pursuant to such authorization shall
in accordance with regulations be under the supervision of an
officer or employee of the Department of Health and Human
Services designated by the Secretary, or an officer or employee
of the Department of the Treasury designated by the Secretary
of the Treasury.
(c) All expenses (including travel, per diem or subsistence,
and salaries of officers or employees of the United States) in
connection with the destruction provided for in subsection (a)
of this section and the supervision of the relabeling or other
action authorized under the provisions of subsection (b) of
this section, the amount of such expenses to be determined in
accordance with regulations, and all expenses in connection
with the storage, cartage, or labor with respect to any article
refused admission under subsection (a) of this section, shall
be paid by the owner or consignee and, in default of such
payment, shall constitute a lien against any future
importations made by such owner or consignee.
(d)(1)(A) Except as provided in paragraph (2) and section
804, no drug subject to section 503(b) or composed wholly or
partly of insulin which is manufactured in a State and exported
may be imported into the United States unless the drug is
imported by the manufacturer of the drug.
(B) Except as authorized by the Secretary in the case of a
drug that appears on the drug shortage list under section 506E
or in the case of importation pursuant to section 804, no drug
that is subject to section 503(b)(1) may be imported into the
United States for commercial use if such drug is manufactured
outside the United States, unless the manufacturer has
authorized the drug to be marketed in the United States and has
caused the drug to be labeled to be marketed in the United
States.
(2) The Secretary may authorize the importation of a drug the
importation of which is prohibited by paragraph (1) if the drug
is required for emergency medical care.
(3)(A) Subject to subparagraph (B), no component of a drug,
no component part or accessory of a device, or other article of
device requiring further processing, which is ready or suitable
for use for health-related purposes, and no article of a food
additive, color additive, or dietary supplement, including a
product in bulk form, shall be excluded from importation into
the United States under subsection (a) if each of the following
conditions is met:
(i) The importer of such article of a drug or device
or importer of such article of a food additive, color
additive, or dietary supplement submits to the
Secretary, at the time of initial importation, a
statement in accordance with the following:
(I) Such statement provides that such article
is intended to be further processed by the
initial owner or consignee, or incorporated by
the initial owner or consignee, into a drug,
biological product, device, food, food
additive, color additive, or dietary supplement
that will be exported by the initial owner or
consignee from the United States in accordance
with subsection (e) or section 802, or with
section 351(h) of the Public Health Service
Act.
(II) The statement identifies the
manufacturer of such article and each
processor, packer, distributor, or other entity
that had possession of the article in the chain
of possession of the article from the
manufacturer to such importer of the article.
(III) The statement is accompanied by such
certificates of analysis as are necessary to
identify such article, unless the article is a
device or is an article described in paragraph
(4).
(ii) At the time of initial importation and before
the delivery of such article to the importer or the
initial owner or consignee, such owner or consignee
executes a good and sufficient bond providing for the
payment of such liquidated damages in the event of
default as may be required pursuant to regulations of
the Secretary of the Treasury.
(iii) Such article is used and exported by the
initial owner or consignee in accordance with the
intent described under clause (i)(I), except for any
portions of the article that are destroyed.
(iv) The initial owner or consignee maintains records
on the use or destruction of such article or portions
thereof, as the case may be, and submits to the
Secretary any such records requested by the Secretary.
(v) Upon request of the Secretary, the initial owner
or consignee submits a report that provides an
accounting of the exportation or destruction of such
article or portions thereof, and the manner in which
such owner or consignee complied with the requirements
of this subparagraph.
(B) Notwithstanding subparagraph (A), the Secretary may
refuse admission to an article that otherwise would be imported
into the United States under such subparagraph if the Secretary
determines that there is credible evidence or information
indicating that such article is not intended to be further
processed by the initial owner or consignee, or incorporated by
the initial owner or consignee, into a drug, biological
product, device, food, food additive, color additive, or
dietary supplement that will be exported by the initial owner
or consignee from the United States in accordance with
subsection (e) or section 802, or with section 351(h) of the
Public Health Service Act.
(C) This section may not be construed as affecting the
responsibility of the Secretary to ensure that articles
imported into the United States under authority of subparagraph
(A) meet each of the conditions established in such
subparagraph for importation.
(4) The importation into the United States of blood, blood
components, source plasma, or source leukocytes or of a
component, accessory, or part thereof is not permitted pursuant
to paragraph (3) unless the importation complies with section
351(a) of the Public Health Service Act or the Secretary
permits the importation under appropriate circumstances and
conditions, as determined by the Secretary. The importation of
tissue or a component or part of tissue is not permitted
pursuant to paragraph (3) unless the importation complies with
section 361 of the Public Health Service Act.
(e)(1) A food, drug, device, tobacco product or cosmetic
intended for export shall not be deemed to be adulterated or
misbranded under this Act, and a tobacco product intended for
export shall not be deemed to be in violation of section
906(e), 907, 911, or 920(a), if it--
(A) accords to the specifications of the foreign
purchaser,
(B) is not in conflict with the laws of the country
to which it is intended for export,
(C) is labeled on the outside of the shipping package
that it is intended for export, and
(D) is not sold or offered for sale in domestic
commerce.
(2) Paragraph (1) does not apply to any device--
(A) which does not comply with an applicable
requirement of section 514 or 515,
(B) which under section 520(g) is exempt from either
such section, or
(C) which is a banned device under section 516,
unless, in addition to the requirements of paragraph (1),
either (i) the Secretary has determined that the exportation of
the device is not contrary to public health and safety and has
the approval of the country to which it is intended for export
or (ii) the device is eligible for export under section 802.
(3) A new animal drug that requires approval under section
512 shall not be exported pursuant to paragraph (1) if such
drug has been banned in the United States.
(4)(A) Any person who exports a food, drug, animal drug, or
device may request that the Secretary--
(i) certify in writing that the exported food, drug,
animal drug, or device meets the requirements of
paragraph (1) or section 802; or
(ii) certify in writing that the food, drug, animal
drug, or device being exported meets the applicable
requirements of this Act upon a showing that the food,
drug or device meets the applicable requirements of
this Act.
The Secretary shall issue such a certification within 20 days
of the receipt of a request for such certification.
(B) If the Secretary issues a written export certification
within the 20 days prescribed by subparagraph (A), a fee for
such certification may be charged but shall not exceed $175 for
each certification. Fees collected for a fiscal year pursuant
to this subparagraph shall be credited to the appropriation
account for salaries and expenses of the Food and Drug
Administration and shall be available in accordance with
appropriations Acts until expended without fiscal year
limitation. Such fees shall be collected in each fiscal year in
an amount equal to the amount specified in appropriations Acts
for such fiscal year and shall only be collected and available
for the costs of the Food and Drug Administration.
(C) For purposes of this paragraph, a certification by the
Secretary shall be made on such basis, and in such form
(including a publicly available listing) as the Secretary
determines appropriate.
(D) With regard to fees pursuant to subparagraph (B) in
connection with written export certifications for food:
(i) Such fees shall be collected and available solely
for the costs of the Food and Drug Administration
associated with issuing such certifications.
(ii) Such fees may not be retained in an amount that
exceeds such costs for the respective fiscal year.
(E)(i)(I) If the Secretary denies a request for certification
under subparagraph (A)(ii) with respect to a device
manufactured in an establishment (foreign or domestic)
registered under section 510, the Secretary shall provide in
writing to the person seeking such certification the basis for
such denial, and specifically identify the finding upon which
such denial is based.
(II) If the denial of a request as described in subclause (I)
is based on grounds other than an injunction proceeding
pursuant to section 302, seizure action pursuant to section
304, or a recall designated Class I or Class II pursuant to
part 7, title 21, Code of Federal Regulations, and is based on
the facility being out of compliance with part 820 of title 21,
Code of Federal Regulations, the Secretary shall provide a
substantive summary of the specific grounds for noncompliance
identified by the Secretary.
(III) With respect to a device manufactured in an
establishment that has received a report under section 704(b),
the Secretary shall not deny a request for certification as
described in subclause (I) with respect to a device based
solely on the issuance of that report if the owner, operator,
or agent in charge of such establishment has agreed to a plan
of correction in response to such report.
(ii)(I) The Secretary shall provide a process for a person
who is denied a certification as described in clause (i)(I) to
request a review that conforms to the standards of section
517A(b).
(II) Notwithstanding any previous review conducted pursuant
to subclause (I), a person who has been denied a certification
as described in clause (i)(I) may at any time request a review
in order to present new information relating to actions taken
by such person to address the reasons identified by the
Secretary for the denial of certification, including evidence
that corrective actions are being or have been implemented to
address grounds for noncompliance identified by the Secretary.
(III) Not later than 1 year after the date of enactment of
the FDA Reauthorization Act of 2017, the Secretary shall issue
guidance providing for a process to carry out this
subparagraph. Not later than 1 year after the close of the
comment period for such guidance, the Secretary shall issue
final guidance.
(iii)(I) Subject to subclause (II), this paragraph applies to
requests for certification on behalf of any device
establishment registered under section 510, whether the
establishment is located inside or outside of the United
States, and regardless of whether such devices are to be
exported from the United States.
(II) If an establishment described in subclause (I) is not
located within the United States and does not demonstrate that
the devices manufactured, prepared, propagated, compounded, or
processed at such establishment are to be exported from the
United States, this paragraph shall apply only if--
(aa) the establishment has been inspected by the
Secretary within 3 years of the date of the request; or
(bb) the establishment participates in an audit
program in which the United States participates or the
United States recognizes, an audit under such program
has been conducted, and the findings of such audit are
provided to the Secretary within 3 years of the date of
the request.
(f)(1) If a drug (other than insulin, an antibiotic drug, an
animal drug, or a drug exported under section 802) being
exported in accordance with subsection (e) is being exported to
a country that has different or additional labeling
requirements or conditions for use and such country requires
the drug to be labeled in accordance with those requirements or
uses, such drug may be labeled in accordance with such
requirements and conditions for use in the country to which
such drug is being exported if it also is labeled in accordance
with the requirements of this Act.
(2) If, pursuant to paragraph (1), the labeling of an
exported drug includes conditions for use that have not been
approved under this Act, the labeling must state that such
conditions for use have not been approved under this Act. A
drug exported under section 802 is exempt from this section.
(g)(1) With respect to a prescription drug being imported or
offered for import into the United States, the Secretary, in
the case of an individual who is not in the business of such
importations, may not send a warning notice to the individual
unless the following conditions are met:
(A) The notice specifies, as applicable to the
importation of the drug, that the Secretary has made a
determination that--
(i) importation is in violation of section
801(a) because the drug is or appears to be
adulterated, misbranded, or in violation of
section 505;
(ii) importation is in violation of section
801(a) because the drug is or appears to be
forbidden or restricted in sale in the country
in which it was produced or from which it was
exported;
(iii) importation is or appears to be in
violation of section 801(d)(1); or
(iv) importation otherwise is or appears to
be in violation of Federal law.
(B) The notice does not specify any provision
described in subparagraph (A) that is not applicable to
the importation of the drug.
(C) The notice states the reasons underlying such
determination by the Secretary, including a brief
application to the principal facts involved of the
provision of law described in subparagraph (A) that is
the basis of the determination by the Secretary.
(2) For purposes of this section, the term ``warning
notice'', with respect to the importation of a drug, means a
communication from the Secretary (written or otherwise)
notifying a person, or clearly suggesting to the person, that
importing the drug for personal use is, or appears to be, a
violation of this Act.
(h)(1) The Secretary shall give high priority to increasing
the number of inspections under this section for the purpose of
enabling the Secretary to inspect food offered for import at
ports of entry into the United States, with the greatest
priority given to inspections to detect the intentional
adulteration of food.
(2) The Secretary shall give high priority to making
necessary improvements to the information management systems of
the Food and Drug Administration that contain information
related to foods imported or offered for import into the United
States for purposes of improving the ability of the Secretary
to allocate resources, detect the intentional adulteration of
food, and facilitate the importation of food that is in
compliance with this Act.
(3) The Secretary shall improve linkages with other
regulatory agencies of the Federal Government that share
responsibility for food safety, and shall with respect to such
safety improve linkages with the States and Indian tribes (as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e))).
(i)(1) For use in inspections of food under this section, the
Secretary shall provide for research on the development of
tests and sampling methodologies--
(A) whose purpose is to test food in order to rapidly
detect the adulteration of the food, with the greatest
priority given to detect the intentional adulteration
of food; and
(B) whose results offer significant improvements over
the available technology in terms of accuracy, timing,
or costs.
(2) In providing for research under paragraph (1), the
Secretary shall give priority to conducting research on the
development of tests that are suitable for inspections of food
at ports of entry into the United States.
(3) In providing for research under paragraph (1), the
Secretary shall as appropriate coordinate with the Director of
the Centers for Disease Control and Prevention, the Director of
the National Institutes of Health, the Administrator of the
Environmental Protection Agency, and the Secretary of
Agriculture.
(4) The Secretary shall annually submit to the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions of the
Senate, a report describing the progress made in research under
paragraph (1), including progress regarding paragraph (2).
(j)(1) If an officer or qualified employee of the Food and
Drug Administration has credible evidence or information
indicating that an article of food presents a threat of serious
adverse health consequences or death to humans or animals, and
such officer or qualified employee is unable to inspect,
examine, or investigate such article upon the article being
offered for import at a port of entry into the United States,
the officer or qualified employee shall request the Secretary
of Treasury to hold the food at the port of entry for a
reasonable period of time, not to exceed 24 hours, for the
purpose of enabling the Secretary to inspect, examine, or
investigate the article as appropriate.
(2) The Secretary shall request the Secretary of Treasury to
remove an article held pursuant to paragraph (1) to a secure
facility, as appropriate. During the period of time that such
article is so held, the article shall not be transferred by any
person from the port of entry into the United States for the
article, or from the secure facility to which the article has
been removed, as the case may be. Subsection (b) does not
authorize the delivery of the article pursuant to the execution
of a bond while the article is so held.
(3) An officer or qualified employee of the Food and Drug
Administration may make a request under paragraph (1) only if
the Secretary or an official designated by the Secretary
approves the request. An official may not be so designated
unless the official is the director of the district under this
Act in which the article involved is located, or is an official
senior to such director.
(4) With respect to an article of food for which a request
under paragraph (1) is made, the Secretary, promptly after the
request is made, shall notify the State in which the port of
entry involved is located that the request has been made, and
as applicable, that such article is being held under this
subsection.
(k)(1) If an article of food is being imported or offered for
import into the United States, and the importer, owner, or
consignee of the article is a person who has been debarred
under section 306(b)(3), such article shall be held at the port
of entry for the article, and may not be delivered to such
person. Subsection (b) does not authorize the delivery of the
article pursuant to the execution of a bond while the article
is so held. The article shall be removed to a secure facility,
as appropriate. During the period of time that such article is
so held, the article shall not be transferred by any person
from the port of entry into the United States for the article,
or from the secure facility to which the article has been
removed, as the case may be.
(2) An article of food held under paragraph (1) may be
delivered to a person who is not a debarred person under
section 306(b)(3) if such person affirmatively establishes, at
the expense of the person, that the article complies with the
requirements of this Act, as determined by the Secretary.
(l)(1) If an article of food is being imported or offered for
import into the United States, and such article is from a
foreign facility for which a registration has not been
submitted to the Secretary under section 415 (or for which a
registration has been suspended under such section), such
article shall be held at the port of entry for the article, and
may not be delivered to the importer, owner, or consignee of
the article, until the foreign facility is so registered.
Subsection (b) does not authorize the delivery of the article
pursuant to the execution of a bond while the article is so
held. The article shall be removed to a secure facility, as
appropriate. During the period of time that such article is so
held, the article shall not be transferred by any person from
the port of entry into the United States for the article, or
from the secure facility to which the article has been removed,
as the case may be.
(m)(1) In the case of an article of food that is being
imported or offered for import into the United States, the
Secretary, after consultation with the Secretary of the
Treasury, shall by regulation require, for the purpose of
enabling such article to be inspected at ports of entry into
the United States, the submission to the Secretary of a notice
providing the identity of each of the following: The article;
the manufacturer and shipper of the article; if known within
the specified period of time that notice is required to be
provided, the grower of the article; the country from which the
article originates; the country from which the article is
shipped; any country to which the article has been refused
entry; and the anticipated port of entry for the article. An
article of food imported or offered for import without
submission of such notice in accordance with the requirements
under this paragraph shall be refused admission into the United
States. Nothing in this section may be construed as a
limitation on the port of entry for an article of food.
(2)(A) Regulations under paragraph (1) shall require that a
notice under such paragraph be provided by a specified period
of time in advance of the time of the importation of the
article of food involved or the offering of the food for
import, which period shall be no less than the minimum amount
of time necessary for the Secretary to receive, review, and
appropriately respond to such notification, but may not exceed
five days. In determining the specified period of time required
under this subparagraph, the Secretary may consider, but is not
limited to consideration of, the effect on commerce of such
period of time, the locations of the various ports of entry
into the United States, the various modes of transportation,
the types of food imported into the United States, and any
other such consideration. Nothing in the preceding sentence may
be construed as a limitation on the obligation of the Secretary
to receive, review, and appropriately respond to any notice
under paragraph (1).
(B)(i) If an article of food is being imported or offered for
import into the United States and a notice under paragraph (1)
is not provided in advance in accordance with the requirements
under paragraph (1), such article shall be held at the port of
entry for the article, and may not be delivered to the
importer, owner, or consignee of the article, until such notice
is submitted to the Secretary, and the Secretary examines the
notice and determines that the notice is in accordance with the
requirements under paragraph (1). Subsection (b) does not
authorize the delivery of the article pursuant to the execution
of a bond while the article is so held. The article shall be
removed to a secure facility, as appropriate. During the period
of time that such article is so held, the article shall not be
transferred by any person from the port of entry into the
United States for the article, or from the secure facility to
which the article has been removed, as the case may be.
(ii) In carrying out clause (i) with respect to an article of
food, the Secretary shall determine whether there is in the
possession of the Secretary any credible evidence or
information indicating that such article presents a threat of
serious adverse health consequences or death to humans or
animals.
(3)(A) This subsection may not be construed as limiting the
authority of the Secretary to obtain information under any
other provision of this Act.
(B) This subsection may not be construed as authorizing the
Secretary to impose any requirements with respect to a food to
the extent that it is within the exclusive jurisdiction of the
Secretary of Agriculture pursuant to the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products
Inspection Act (21 U.S.C. 1031 et seq.).
(n)(1) If a food has been refused admission under subsection
(a), other than such a food that is required to be destroyed,
the Secretary may require the owner or consignee of the food to
affix to the container of the food a label that clearly and
conspicuously bears the statement: ``UNITED STATES: REFUSED
ENTRY''.
(2) All expenses in connection with affixing a label under
paragraph (1) shall be paid by the owner or consignee of the
food involved, and in default of such payment, shall constitute
a lien against future importations made by such owner or
consignee.
(3) A requirement under paragraph (1) remains in effect until
the Secretary determines that the food involved has been
brought into compliance with this Act.
(o) If an article that is a device is being imported or
offered for import into the United States, and the importer,
owner, or consignee of such article does not, at the time of
offering the article for import, submit to the Secretary a
statement that identifies the registration under section 510(i)
of each establishment that with respect to such article is
required under such section to register with the Secretary, the
article may be refused admission. If the article is refused
admission for failure to submit such a statement, the article
shall be held at the port of entry for the article, and may not
be delivered to the importer, owner, or consignee of the
article, until such a statement is submitted to the Secretary.
Subsection (b) does not authorize the delivery of the article
pursuant to the execution of a bond while the article is so
held. The article shall be removed to a secure facility, as
appropriate. During the period of time that such article is so
held, the article shall not be transferred by any person from
the port of entry into the United States for the article, or
from the secure facility to which the article has been removed,
as the case may be.
(p)(1) Not later than 36 months after the date of enactment
of the Family Smoking Prevention and Tobacco Control Act, and
annually thereafter, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives, a report regarding--
(A) the nature, extent, and destination of United
States tobacco product exports that do not conform to
tobacco product standards established pursuant to this
Act;
(B) the public health implications of such exports,
including any evidence of a negative public health
impact; and
(C) recommendations or assessments of policy
alternatives available to Congress and the executive
branch to reduce any negative public health impact
caused by such exports.
(2) The Secretary is authorized to establish appropriate
information disclosure requirements to carry out this
subsection.
(q) Certifications Concerning Imported Foods.--
(1) In general.--The Secretary may require, as a
condition of granting admission to an article of food
imported or offered for import into the United States,
that an entity described in paragraph (3) provide a
certification, or such other assurances as the
Secretary determines appropriate, that the article of
food complies with applicable requirements of this Act.
Such certification or assurances may be provided in the
form of shipment-specific certificates, a listing of
certified facilities that manufacture, process, pack,
or hold such food, or in such other form as the
Secretary may specify.
(2) Factors to be considered in requiring
certification.--The Secretary shall base the
determination that an article of food is required to
have a certification described in paragraph (1) on the
risk of the food, including--
(A) known safety risks associated with the
food;
(B) known food safety risks associated with
the country, territory, or region of origin of
the food;
(C) a finding by the Secretary, supported by
scientific, risk-based evidence, that--
(i) the food safety programs,
systems, and standards in the country,
territory, or region of origin of the
food are inadequate to ensure that the
article of food is as safe as a similar
article of food that is manufactured,
processed, packed, or held in the
United States in accordance with the
requirements of this Act; and
(ii) the certification would assist
the Secretary in determining whether to
refuse or admit the article of food
under subsection (a); and
(D) information submitted to the Secretary in
accordance with the process established in
paragraph (7).
(3) Certifying entities.--For purposes of paragraph
(1), entities that shall provide the certification or
assurances described in such paragraph are--
(A) an agency or a representative of the
government of the country from which the
article of food at issue originated, as
designated by the Secretary; or
(B) such other persons or entities accredited
pursuant to section 808 to provide such
certification or assurance.
(4) Renewal and refusal of certifications.--The
Secretary may--
(A) require that any certification or other
assurance provided by an entity specified in
paragraph (2) be renewed by such entity at such
times as the Secretary determines appropriate;
and
(B) refuse to accept any certification or
assurance if the Secretary determines that such
certification or assurance is not valid or
reliable.
(5) Electronic submission.--The Secretary shall
provide for the electronic submission of certifications
under this subsection.
(6) False statements.--Any statement or
representation made by an entity described in paragraph
(2) to the Secretary shall be subject to section 1001
of title 18, United States Code.
(7) Assessment of food safety programs, systems, and
standards.--If the Secretary determines that the food
safety programs, systems, and standards in a foreign
region, country, or territory are inadequate to ensure
that an article of food is as safe as a similar article
of food that is manufactured, processed, packed, or
held in the United States in accordance with the
requirements of this Act, the Secretary shall, to the
extent practicable, identify such inadequacies and
establish a process by which the foreign region,
country, or territory may inform the Secretary of
improvements made to such food safety program, system,
or standard and demonstrate that those controls are
adequate to ensure that an article of food is as safe
as a similar article of food that is manufactured,
processed, packed, or held in the United States in
accordance with the requirements of this Act.
(r)(1) The Secretary may require, pursuant to the regulations
promulgated under paragraph (4)(A), as a condition of granting
admission to a drug imported or offered for import into the
United States, that the importer electronically submit
information demonstrating that the drug complies with
applicable requirements of this Act.
(2) The information described under paragraph (1) may
include--
(A) information demonstrating the regulatory status
of the drug, such as the new drug application,
abbreviated new drug application, or investigational
new drug or drug master file number;
(B) facility information, such as proof of
registration and the unique facility identifier;
(C) indication of compliance with current good
manufacturing practice, testing results, certifications
relating to satisfactory inspections, and compliance
with the country of export regulations; and
(D) any other information deemed necessary and
appropriate by the Secretary to assess compliance of
the article being offered for import.
(3) Information requirements referred to in paragraph (2)(C)
may, at the discretion of the Secretary, be satisfied--
(A) through representation by a foreign government,
if an inspection is conducted by a foreign government
using standards and practices as determined appropriate
by the Secretary;
(B) through representation by a foreign government or
an agency of a foreign government recognized under
section 809; or
(C) other appropriate documentation or evidence as
described by the Secretary.
(4)(A) Not later than 18 months after the date of enactment
of the Food and Drug Administration Safety and Innovation Act,
the Secretary shall adopt final regulations implementing this
subsection. Such requirements shall be appropriate for the type
of import, such as whether the drug is for import into the
United States for use in preclinical research or in a clinical
investigation under an investigational new drug exemption under
505(i).
(B) In promulgating the regulations under subparagraph (A),
the Secretary--
(i) may, as appropriate, take into account
differences among importers and types of imports, and,
based on the level of risk posed by the imported drug,
provide for expedited clearance for those importers
that volunteer to participate in partnership programs
for highly compliant companies and pass a review of
internal controls, including sourcing of foreign
manufacturing inputs, and plant inspections; and
(ii) shall--
(I) issue a notice of proposed rulemaking
that includes the proposed regulation;
(II) provide a period of not less than 60
days for comments on the proposed regulation;
and
(III) publish the final regulation not less
than 30 days before the effective date of the
regulation.
(C) Notwithstanding any other provision of law, the Secretary
shall promulgate regulations implementing this subsection only
as described in subparagraph (B).
(s) Registration of Commercial Importers.--
(1) Registration.--The Secretary shall require a
commercial importer of drugs--
(A) to be registered with the Secretary in a
form and manner specified by the Secretary; and
(B) subject to paragraph (4), to submit, at
the time of registration, a unique identifier
for the principal place of business for which
the importer is required to register under this
subsection.
(2) Regulations.--
(A) In general.--The Secretary, in
consultation with the Secretary of Homeland
Security acting through U.S. Customs and Border
Protection, shall promulgate regulations to
establish good importer practices that specify
the measures an importer shall take to ensure
imported drugs are in compliance with the
requirements of this Act and the Public Health
Service Act.
(B) Procedure.--In promulgating a regulation
under subparagraph (A), the Secretary shall--
(i) issue a notice of proposed
rulemaking that includes the proposed
regulation;
(ii) provide a period of not less
than 60 days for comments on the
proposed regulation; and
(iii) publish the final regulation
not less than 30 days before the
regulation's effective date.
(C) Restrictions.--Notwithstanding any other
provision of Federal law, in implementing this
subsection, the Secretary shall only promulgate
regulations as described in subparagraph (B).
(D) Effective date.--In establishing the
effective date of the regulations under
subparagraph (A), the Secretary shall, in
consultation with the Secretary of Homeland
Security acting through U.S. Customs and Border
Protection, as determined appropriate by the
Secretary of Health and Human Services, provide
a reasonable period of time for an importer of
a drug to comply with good importer practices,
taking into account differences among importers
and types of imports, including based on the
level of risk posed by the imported product.
(3) Discontinuance of registration.--The Secretary
shall discontinue the registration of any commercial
importer of drugs that fails to comply with the
regulations promulgated under this subsection.
(4) Unique facility identifier.--The Secretary shall
specify the unique facility identifier system that
shall be used by registrants under paragraph (1). The
requirement to include a unique facility identifier in
a registration under paragraph (1) shall not apply
until the date that the identifier system is specified
by the Secretary under the preceding sentence.
(5) Exemptions.--The Secretary, by notice in the
Federal Register, may establish exemptions from the
requirements of this subsection.
(t) Single Source Pattern of Imported Illegal Drugs.--If the
Secretary determines that a person subject to debarment as a
result of engaging in a pattern of importing or offering for
import controlled substances or drugs as described in section
306(b)(3)(D), and such pattern is identified by the Secretary
as being offered for import from the same manufacturer,
distributor, or importer, the Secretary may by order determine
all drugs being offered for import from such person as
adulterated or misbranded, unless such person can provide
evidence otherwise.
(u) Illicit Articles Containing Active Pharmaceutical
Ingredients.--
(1) In general.--For purposes of this section, an
article that is being imported or offered for import
into the United States may be treated by the Secretary
as a drug if the article--
(A) is not--
(i) accompanied by an electronic
import entry for such article submitted
using an authorized electronic data
interchange system; and
(ii) designated in such a system as
an article regulated by the Secretary
(which may include regulation as a
drug, a device, a dietary supplement,
or other product that is regulated
under this Act); and
(B) is an ingredient that presents
significant public health concern and is, or
contains--
(i) an active ingredient in a drug--
(I) that is approved under
section 505 or licensed under
section 351 of the Public
Health Service Act; or
(II) for which--
(aa) an
investigational use
exemption has been
authorized under
section 505(i) of this
Act or section 351(a)
of the Public Health
Service Act; and
(bb) a substantial
clinical investigation
has been instituted,
and such investigation
has been made public;
or
(ii) a substance that has a chemical
structure that is substantially similar
to the chemical structure of an active
ingredient in a drug or biological
product described in subclause (I) or
(II) of clause (i).
(2) Effect.--This subsection shall not be construed
to bear upon any determination of whether an article is
a drug within the meaning of section 201(g), other than
for the purposes described in paragraph (1).
* * * * * * *
Minority Views
We appreciate the collegial and collaborative efforts of
Agriculture Subcommittee Chairman Sanford Bishop and the Full
Committee Chairwoman Nita Lowey in producing this Agriculture
appropriations bill that addresses critical priorities of
Members on both sides of the aisle. We generally agree with the
Majority on funding provided for many programs and initiatives
in this bill. Unfortunately, due to concerns about
governmentwide spending levels and a number of controversial
policy provisions, we are unable to support the bill as written
at this time.
We are pleased that this bill continues the previous
commitment made by Republicans to work with the private sector
in rebuilding or building the economic vitality of rural
America through a $4,214,000,000 investment in critical
infrastructure and business programs at the U.S. Department of
Agriculture (USDA). The Majority includes report language at
our request to encourage the USDA to consider the broader
social benefits when the Department seeks applications for over
one billion dollars in broadband resources in this bill. We
also appreciate the Majority's cooperation in setting aside a
percentage of these rural broadband funds to those communities
whose population exceeds the current population cap but are
still ``rural in character''. We cannot allow these rural
communities to be stuck in the digital divide and denied the
basic communication utilities available to larger suburban or
urban communities.
We appreciate the Committee agreeing to include several
provisions aimed at improving the safety and efficacy of the
human drug supply, which is often sourced from outside of the
United States. Our country has become acutely aware of our
excessive dependency on the production of medical supplies in
China and other foreign countries during the ongoing COVID-19
pandemic. Until more Active Pharmaceutical Ingredients (API)
and finished drug products are produced domestically, more must
be done to ensure drugs are safe and effective.
One of the greatest objections to this bill is that the
Majority has created the illusion of billions of dollars being
available to spend above the caps established in law by the
Bipartisan Budget Act of 2019 (P.L. 116-37). The Committee must
prioritize within these budget caps rather than artificially
inflating spending by using a false budgeting device to free up
funds for lower priorities. In addition to objections to
overall spending levels, we have major policy differences. Many
provisions will need to be dropped or modified before this bill
can be signed into law.
The first problematic provision deals with the Rainy River
Watershed Withdrawal. Under normal circumstances, the Minority
is in strong support of transparency in federal decision-
making. In this case, the document requirement appears
excessive and unnecessary because USDA reportedly has already
provided thousands of documents to Congress in response to
requests on this topic.
The second objectionable provision relates to the permanent
nature of proposed reforms to the Supplemental Nutrition
Assistance Program (SNAP). In March, Congress demonstrated
bipartisan support for the Families First legislation (P.L.
116-127), which included a suspension of additional work
requirements during the high unemployment of the pandemic for
certain SNAP recipients. Additionally, P .L. 116-127 included
the maximum allotment of benefits to all households
participating in SNAP during the ongoing public health
emergency. These temporary measures were necessary at the time,
but we must restore the program to normal operations and reform
it for the future. Unfortunately, in this bill, the Majority
has chosen to stop the Administration's proposed reforms of
SNAP.
Lastly, we believe the Majority's provision withdrawing
line speed waivers during the COVID-19 emergency is
unnecessary. The Majority's continued attack on this modernized
inspection system and its link to COVID-19 is puzzling. The
language in this bill gives the appearance of protecting worker
safety, yet the bill language only affects an estimated 0.25
percent of the meat and poultry inspection plants regulated in
the United States.
As the legislative process continues, we pledge to work
with Chairman Bishop and Chairwoman Lewey to address the
concerns described here. Working together, we can deliver on
the needs of this Nation's farmers, ranchers, rural
communities, the impoverished, patients, entrepreneurs, and
consumers.
Kay Granger.
Jeff Fortenberry.