[House Report 117-392]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-392
======================================================================
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPRO- PRIATIONS BILL, 2023
_______
June 27, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Georgia, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H. R. 8239]
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 2023.
CONTENTS
Page
Title I--Agricultural Programs................................... 3
Title II--Farm Production and Conservation Programs.............. 46
Title III--Rural Development Programs............................ 60
Title IV--Domestic Food Programs................................. 75
Title V--Foreign Assistance and Related Programs................. 83
Title VI--Related Agencies and Food and Drug Administration Title 85
Title VII--General Provisions.................................... 102
OVERVIEW
The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Subcommittee has
jurisdiction over the U.S. Department of Agriculture (USDA)
except for the Forest Service, the Food and Drug Administration
(FDA), the Commodity Futures Trading Commission (CFTC), and the
Farm Credit Administration (FCA). The Subcommittee's
responsibility covers matters of importance to Americans every
day of the year.
The fiscal year 2023 discretionary spending in this bill
totals $27,200,000,000, which is $2,075,000,000 above the
fiscal year 2022 enacted level and $350,312,000 below the
President's budget request for fiscal year 2023.
In this report, ``the Committees'' refers to the Committees
on Appropriations of the House of Representatives and the
Senate.
The Subcommittee held five hearings related to the agencies
it funds. Those hearings were:
USDA Inspector General--March 29, 2022
The FY 2023 Budget Request for the
Department of Agriculture--April 28, 2022
The FY 2023 Budget Request for the Food and
Drug Administration--May 19, 2022
The Infant Formula Crisis--May 25, 2022
Member Day--May 25, 2022
Advertising Expenditures.--The Committee believes 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 2024 budget justification: expenditures for
fiscal year 2022 and expected expenditures for fiscal years
2023 and 2024 for (1) all contracts for advertising services;
and (2) contracts for the advertising services of 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 women- and minority-owned businesses.
Conditions of Employment.--The Committee recognizes that
harassment, including sexual harassment and assault, continues
to be pervasive in the workplace, and that the use of pre-
dispute nondisclosure and non-disparagement clauses as
conditions of employment can perpetuate illegal conduct by
silencing survivors and shielding perpetrators. The Committee
directs USDA, FDA and CFTC to assess the number of pre-dispute
nondisclosure and non-disparagement clauses in employment
contracts used by contractors receiving Federal funds from
those agencies, the estimated dollar value of those contracts,
and to include a report with their findings in their fiscal
year 2024 budget request.
Extreme weather events.--The Committee remains concerned
about the impacts extreme weather events are having on farmers
and producers in 2022, such as freeze losses for blueberry
producers, and will continue to monitor these events, damage
estimates, and other relevant information and take additional
action as necessary.
Federal Law Enforcement.--The explanatory statement that
accompanied the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2022 directed the Attorney General
to ensure implementation of evidence-based training programs on
de-escalation, the use-of force, and the protection of civil
rights, that are broadly applicable and scalable to all Federal
law enforcement agencies. Several agencies funded by this Act
employ Federal law enforcement officers and are Federal Law
Enforcement Training Centers partner organizations. These
agencies are again directed to consult with the Attorney
General regarding the implementation of these programs for
their law enforcement officers. The Committee further directs
such agencies to submit a report to the Committee on their
efforts relating to such implementation not later than 90 days
after consultation with the Attorney General. In addition, the
Committee continues to direct such agencies to the extent that
they are not already participating, to consult with the
Attorney General and the Director of the FBI regarding
participation in the National Use-of-Force Data Collection. The
Committee further directs such agencies to submit a report to
the Committee not later than 180 days after enactment of this
Act on their efforts to so participate.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $54,710,000
2023 budget estimate.................................. 79,010,000
Provided in the bill.................................. 69,845,000
Comparison:
2022 appropriation.................................. +15,135,000
2023 budget estimate................................ -9,165,000
The following table reflects the amount provided by the
Committee for each office and activity:
[Dollars in thousands]
------------------------------------------------------------------------
FY 2022 FY 2023 Committee
enacted estimate provision
------------------------------------------------------------------------
Office of the Secretary.............. 7,203 10,623 8,432
Office of Homeland Security.......... 1,353 2,306 1,396
Office of Tribal Relations........... 2,215 6,450 5,190
Office of Partnerships and Public 7,044 8,525 11,287
Engagement..........................
Office of the Assistant Secretary for 1,649 1,747 1,706
Administration......................
Departmental Administration.......... 23,282 33,300 27,116
Office of the Assistant Secretary for 4,480 4,671 4,609
Congressional Relations and
Intergovernmental Affairs...........
Office of Communications............. 7,484 11,388 10,109
----------------------------------
Total, Office of the Secretary... 54,710 79,010 69,845
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Office of the Secretary, the Committee provides an
appropriation of $69,849,000.
Similar to prior years, the Committee does not include
direct funding for activities that are currently funded through
other resources such as the Working Capital Fund or that have
historically been funded through other means.
The Committee provides $11,287,000 for the Office of
Partnerships and Public Engagement (OPPE), including an
increase of $4,007,000 for additional staff.
Commodity Credit Corporation (CCC) Report.--The Committee
directs the Secretary to provide a report on November 15, 2022,
and May 15, 2023, on planned uses of funding under the
authorities of Section 4 and Section 11 of the CCC Charter Act.
CCC Obligations and Commitments.--The Secretary is directed
to notify the Committees in writing 15 days prior to any
announcement on the use of funds from the CCC or to the
obligation or commitment of any emergency funds from the CCC.
Communication from USDA.--A collaborative working relation-
ship 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.
Explanatory Notes.--The Committee appreciates the
Department's work to restore the Explanatory Notes to the same
format as they had been presented prior to fiscal year 2021 and
directs that this format be maintained for fiscal year 2024 and
beyond.
FSA State Directors.--The Committee directs the Secretary
to prioritize the appointment of State Executive Directors of
the Farm Service Agency and work expeditiously with the White
House to confirm each State Executive Director in an
appropriate timeframe consistent with the duties and activities
this leadership role provides. The Committee recognizes that
State Executive Directors play an integral role in employee
training, the delivery of critical farm support programs, and
is essential in the overall operations of the state and local
Farm Service Agency offices who serve at the forefront of the
Department's customer-based services.
Foods for Health.--The Committee recognizes USDA can do
more to support local food producers and encourages efforts to
increase local food purchases for hospitals, clinics, and
health providers to support food prescription programs that
provide medically tailored foods, including fresh fruits and
vegetables, to patients for the prevention or management of
diet-impacted health conditions and improvements in dietary
health.
Food Waste Consumer Education.--The Committee recommends
that USDA enter into public-private partnership to provide
consumer-facing outreach on food loss and waste and prevention
strategies.
Grain Terminals.--The Committee notes the ongoing contract
negotiations between West Coast grain terminal operators and
the union 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 Extract Regulation.--The Committee is concerned about
the inconsistencies in the regulation of the production of hemp
by USDA and DEA. Congress vested primary regulatory authority
in USDA and expects other regulatory actions to align with it.
Congress intentionally expanded the definition of hemp to
include derivatives, extracts and cannabinoids in an effort to
avoid the criminalization of hemp processing. Committee
understands that in-process hemp extract may temporarily exceed
the delta-9 THC concentration of 0.3% before being packaged and
sold as a finished product for consumption. Therefore the
Committee directs USDA to coordinate directly with the DEA to
present the industry with guidance and information on in-
process extracted material.
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 the
Office of Budget and Program Analysis (OBPA). The Committee
directs the Department, through OBPA, to provide quarterly
reports to the Committees on the status of obligations and
funds availability for the loan and grant programs provided in
this bill.
National Finance Center.--The National Finance Center (NFC)
is the largest designated Federal Government Payroll Shared
Service Provider and it provides integrated payroll and
personnel services for over 640,000 Federal employees. To
ensure that thousands of Federal employees' pay and human
resources services are not interrupted or adversely impacted by
major organizational changes, the Committee 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 USDA, 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 continues to direct 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 requests USDA, no later
than 120 days after enactment, to submit an execution plan for
each new initiative funded in this Act. This strategy should
include, but is not limited to, the steps necessary to make
funding available, the timeline thereof, targeted
beneficiaries, and expected results. The Committee requests
quarterly reports on these initiatives until the initiative has
been fully implemented.
Notification Requirements.--The Committee reminds the
Department that the Committee uses the definitions for
transfer, reprogramming, and program, project, and activity as
defined by the Government Accountability Office (GAO). As noted
in the 2021 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, 2021,
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''.
Outreach and Assistance for Socially Disadvantaged Farmers
and Ranchers and Veteran Farmers and Ranchers.--The Committee
recognizes the importance of the Outreach and Assistance for
Socially Disadvantaged Farmers and Ranchers and Veteran Farmers
and Ranchers program. The Committee requests the Secretary
identify any barriers to access the program, make
recommendations to improve the program and report to the
Committees.
Pay Costs.--The Committee provides the full pay and FERS
costs for all offices and agencies of USDA funded in this bill
and FDA. Similar to prior years, the Committee does not include
direct funding for USDA activities currently funded through
other resources such as the Working Capital Fund or have
historically been funded through other means.
Resilient Building Materials.--With increases in weather-
related and other natural disasters, there is a clear need to
increase resilience of the nation's buildings and
infrastructure. Mass timber and other innovative wood products,
when appropriately used in the construction of buildings and
other infrastructure, have been shown to withstand wind,
seismic, and other natural forces with robust results and the
Committee acknowledges the need to include these products in
any categorization of products considered to be resilient by
the USDA and other federal agencies. The Committee, therefore,
encourages the USDA to support programs that include the use of
wood products to improve the nation's ability to withstand and
recover from weather-related and other natural events.
Spending Plans.--The bill continues a provision in Title
VII that requires USDA to submit spending plans to the
Committee within 30 days of enactment. Previous versions of
these plans have not included adequate details that would be
useful for Committee oversight. The Committee requests that 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.
Livestock Gene Editing Cooperation.--As the Secretary of
Agriculture develops regulations pertaining to the movement of
animals modified or developed by genetic engineering, the
Secretary shall consult with the Commissioner of the Food and
Drug Administration to ensure any resulting regulations are
coordinated.
Status of House and Senate Report Language.--The Department
is directed to include in its fiscal year 2024 Congressional
Justification, as a single exhibit, a table listing all
deliverables, with a column for due dates if applicable. OBPA
is directed to provide updates on the status of House and
Senate reports upon request from the Committees.
Strong working conditions for our farmworkers are critical
to the resiliency of the food and agricultural supply chain.
The Committee is supportive of USDA's efforts to improve
working conditions for farmworkers, including for women
farmworkers who are vulnerable to sexual assault and
exploitation in the workplace. The Committee urges the
Department to expand partnerships with appropriate entities to
ensure the working conditions and challenges faced by women
farmworkers are adequately investigated and incorporated into
USDA's pilots and programs. The Committee requests the
Department to conduct a study to 1) understand the work
conditions and challenges, such as sexual assault, faced by
women farmworkers; and 2) to develop recommendations on how the
Department can promote improvements through its programs and
pilots.
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
2022 appropriation.................................... $27,199,000
2023 budget estimate.................................. 32,012,000
Provided in the bill.................................. 30,181,000
Comparison:
2022 appropriation.................................. +2,982,000
2023 budget estimate................................ -1,831,000
COMMITTEE PROVISIONS
For the Office of the Chief Economist, the Committee
provides $30,181,000, including $500,000 for the food loss
coordinator position.
OFFICE OF HEARINGS AND APPEALS
2022 appropriation.................................... $16,173,000
2023 budget estimate.................................. 16,743,000
Provided in the bill.................................. 16,703,000
Comparison:
2022 appropriation.................................. +530,000
2023 budget estimate................................ -40,000
COMMITTEE PROVISIONS
For the Office of Hearings and Appeals, the Committee
provides $16,703,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
2022 appropriation.................................... $11,337,000
2023 budget estimate.................................. 20,738,000
Provided in the bill.................................. 16,967,000
Comparison:
2022 appropriation.................................. +5,630,000
2023 budget estimate................................ -3,771,000
COMMITTEE PROVISIONS
For the Office of Budget and Program Analysis, the
Committee provides $16,967,000.
Office of the Chief Information Officer
2022 appropriation.................................... $84,746,000
2023 budget estimate.................................. 97,547,000
Provided in the bill.................................. 93,284,000
Comparison:
2022 appropriation.................................. +8,538,000
2023 budget estimate................................ -4,263,000
COMMITTEE PROVISIONS
For the Office of the Chief Information Officer, the
Committee provides an appropriation of $93,284,000.
Office of the Chief Financial Officer
2022 appropriation.................................... $7,118,000
2023 budget estimate.................................. 7,374,000
Provided in the bill.................................. 9,559,000
Comparison:
2022 appropriation.................................. +2,441,000
2023 budget estimate................................ +2,185,000
COMMITTEE PROVISIONS
For the Office of the Chief Financial Officer, the
Committee provides an appropriation of $9,559,000.
Office of the Assistant Secretary for Civil Rights
2022 appropriation.................................... $1,426,000
2023 budget estimate.................................. 1,530,000
Provided in the bill.................................. 1,466,000
Comparison:
2022 appropriation.................................. +40,000
2023 budget estimate................................ -64,000
COMMITTEE PROVISIONS
For the Office of the Assistant Secretary for Civil Rights,
the Committee provides an appropriation of $1,466,000.
Office of Civil Rights
2022 appropriation.................................... $35,328,000
2023 budget estimate.................................. 31,696,000
Provided in the bill.................................. 37,595,000
Comparison:
2022 appropriation.................................. +2,267,000
2023 budget estimate................................ +5,899,000
COMMITTEE PROVISIONS
For the Office of Civil Rights, the Committee provides an
appropriation of $37,595,000, which maintains the increase of
$6,000,000 included in the 2022 bill.
Office of Safety, Security, and Protection
2022 appropriation.................................... $23,306,000
2023 budget estimate.................................. 25,528,000
Provided in the bill.................................. 21,800,000
Comparison:
2022 appropriation.................................. -1,506,000
2023 budget estimate................................ -3,728,000
COMMITTEE PROVISIONS
For the Office of Safety, Security, and Protection, the
Committee provides an appropriation of $21,800,000. The
Committee does not include direct funding for activities
currently funded through other resources such as the Working
Capital Fund or have historically been funded through other
means.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $108,397,000
2023 budget estimate.................................. 134,827,000
Provided in the bill.................................. 68,858,000
Comparison:
2022 appropriation.................................. -39,539,000
2023 budget estimate................................ -65,969,000
COMMITTEE PROVISIONS
For Agriculture Buildings and Facilities, the Committee
provides an appropriation of $68,858,000. The Committee
requests an update on future space needs for the Headquarters
Complex.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $7,540,000
2023 budget estimate.................................. 6,586,000
Provided in the bill.................................. 8,581,000
Comparison:
2022 appropriation.................................. +1,041,000
2023 budget estimate................................ +1,995,000
COMMITTEE PROVISIONS
For Hazardous Materials Management, the Committee provides
an appropriation of $8,581,000. 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
2022 appropriation.................................... $106,309,000
2023 budget estimate.................................. 112,061,000
Provided in the bill.................................. 111,061,000
Comparison:
2022 appropriation.................................. +4,752,000
2023 budget estimate................................ -1,000,000
COMMITTEE PROVISIONS
For the Office of Inspector General, the Committee provides
an appropriation of $111,061,000.
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. The OIG is also directed to prioritize completion of the
audit on the Horse Protection Act and the reopening of the
audit on the Animal Care Program Oversight of Dog Breeders to
allow completion of in-person visits.
Office of the General Counsel
2022 appropriation.................................... $57,268,000
2023 budget estimate.................................. 57,645,000
Provided in the bill.................................. 62,137,000
Comparison:
2022 appropriation.................................. +4,869,000
2023 budget estimate................................ +4,492,000
COMMITTEE PROVISIONS
For the Office of the General Counsel, the Committee
provides an appropriation of $62,137,000. This includes
$500,000 for additional staff to handle Animal Welfare Act and
Horse Protection Act matters and $2,600,000 for FOIA work
requested in the Office of Information Affairs.
Office of Ethics
2022 appropriation.................................... $4,277,000
2023 budget estimate.................................. 5,544,000
Provided in the bill.................................. 5,556,000
Comparison:
2022 appropriation.................................. +1,279,000
2023 budget estimate................................ +12,000
COMMITTEE PROVISIONS
For the Office of Ethics, the Committee provides an
appropriation of $5,556,000.
Office of the Under Secretary for Research, Education, and Economics
2022 appropriation.................................... $3,327,000
2023 budget estimate.................................. 6,376,000
Provided in the bill.................................. 3,384,000
Comparison:
2022 appropriation.................................. +57,000
2023 budget estimate................................ -2,992,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Research,
Education, and Economics, the Committee provides an
appropriation of $3,384,000.
1862, 1890, and 1994 Land Grant Institutions.--The
Committee directs USDA to make every effort to strengthen
partnerships and expand cooperation between 1862, 1890, and
1994 Land Grant institutions, wherever regionally appropriate,
to help close gaps in extension and leverage joint
collaborative efforts.
1890 Capacity Building.--The Committee recognizes the
importance of the 1890s in providing technical assistance and
outreach to underserved farming populations and directs ARS and
NIFA to collaborate with agencies in the Rural Development and
Farm Production and Conservation Mission Areas to help increase
awareness of USDA farm programs and rural development funding
opportunities through 1890 extension programs.
Agriculture Advanced Research and Development Authority
(AGARDA).--The Committee 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. As the Committee awaits this plan, the
Committee provides $2,000,000 for the Office of Under Secretary
for Research, Education, and Economics to further build out the
planning and management structure of AGARDA and hire staff.
Barriers for Beginning Farmers and Ranchers.--The Committee
directs ERS and NIFA to work together to better understand
financial barriers that beginning farmers face in operating
successful farms and to identify research gaps that would help
improve ongoing NIFA programs.
Food Prescriptions.--The Committee encourages USDA to work
with local farmers and hospitals/clinics to build or improve on
food prescription programs to better facilitate a patient's
ability to attain a food prescription and fill it with a local
farmer.
Regenerative Soil Agriculture Plan.--The Committee
acknowledges the critical importance regenerative soil policies
can have in helping agriculture rebuild the soil health of
agricultural lands. Given the overlapping role of these
entities in advancing a regenerative soils policy, the
Committee encourages USDA to develop a strategic plan for
leveraging the various USDA research entities for a unified R&D
mission to enable regenerative agriculture strategies. Within
180 days, the Agency shall submit a report which describes USDA
efforts to unify a philosophy of soil health within the
research mission of these agencies; describe the agencies
efforts to coordinate among the R&D agenda of ARS, NIFA and
NRCS; and describe USDA's efforts to coordinate with other
partners such as the National Science Foundation and the
Department of Energy on regenerative agriculture related
research topics including microbiomes, soil chemistry, and edge
of field dynamics and resilience to extreme weather events.
Sensor Technologies.--The Committee encourages ARS and 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.
Economic Research Service
2022 appropriation.................................... $87,794,000
2023 budget estimate.................................. 99,552,000
Provided in the bill.................................. 90,612,000
Comparison:
2022 appropriation.................................. +2,818,000
2023 budget estimate................................ -8,940,000
COMMITTEE PROVISIONS
For the Economic Research Service (ERS), the Committee
provides an appropriation of $90,612,000. The Committee
includes an increase of $1,518,000 for pay costs and $1,500,000
for costs associated with the second round of USDA's National
Household Food Purchase and Acquisition Survey.
Agricultural Trade Imports.--The Committee directs ERS to
study and report back within 120 days of the enactment of this
Act findings on the top 15 nations, within the last five years,
from which the United States imports agriculture products. The
report shall also include the average wages for farmworkers of
those countries and a discussion, if possible, of health
benefits, safety regulations, and working conditions of their
farm labor per commodity to those found in the U.S. The
Committee looks forward to receiving the report requested in
House Report 117-82.
Benefits of Conservation and Soil Health Practices.--The
Committee looks forward to receiving the study requested in the
fiscal year 2021 House Report 116-446.
Cover Cropping and Livestock Integration.--The Committee
notes that the fiscal year 2021 House report directed ERS to
produce a study detailing current best practices as well as the
projected long-term economic impacts for farmers and the
Committee looks forward to reviewing the results of the study.
The Committee looks forward to receiving the study requested in
the fiscal year 2021 House Report 116-446.
Soil Health Experts.--The Committee appreciates ERS' recent
efforts to hire staff with expertise in soil health, an area of
continued importance to U.S. farmers and the food and
agriculture industry.
Supply Chain Resiliency.--The Committee is concerned about
the rising cost of manufactured inputs to farms and the impact
on farm profitability and the rest of the economy. The
Committee encourages the USDA to review the performance of
industries and markets for manufactured inputs which have seen
significant increases in prices and assess options for
improving input supply chain performance and resiliency in
these domestic markets.
National Agricultural Statistics Service
2022 appropriation.................................... $190,162,000
2023 budget estimate.................................. 217,474,000
Provided in the bill.................................. 211,023,000
Comparison:
2022 appropriation.................................. +20,861,000
2023 budget estimate................................ -6,451,000
COMMITTEE PROVISIONS
For the National Agricultural Statistics Service (NASS),
the Committee provides an appropriation of $211,023,000, of
which $66,361,000 is for the Census of Agriculture. The
Committee includes a total of $4,787,000 for pay increases. In
addition, the Committee maintains $2,000,000 to expand the
existing geospatial program to provide more information on the
impact of critical weather events. The Committee expects NASS
to continue its ongoing activities at the frequency levels
assumed in fiscal year 2022, including Barley acreage and
production estimates; the Bee and Honey Program; the Chemical
Use Data Series; the Floriculture Crops Report; and Fruit and
Vegetable Reports, including in-season forecasts for non-citrus
fruit and tree nut crops such as pecans.
Agri-Tourism Study.--The Committee directs NASS to plan to
conduct as a follow-on study to the census of agriculture
conducted in the calendar year 2022 under section 2 of the
Census of Agriculture Act of 1997 (7 U.S.C. 2204g) to collect
additional information on the census related to agritourism,
including information about educational experiences, outdoor
recreation, entertainment and special events, direct sales,
entertainment, accommodations, other as determined by the
Secretary.
Comprehensive Horse Census.--The Committee recognizes that
the Census of Agriculture is limited in its reporting regarding
the equine industry, and as a result the USDA's equine (horses,
ponies, mules, burros, and donkeys) figures may underrepresent
the industry. As a result, the Committee encourages NASS to
work with equine stakeholders to address the gaps in horse
census data collection.
Data Collection on Urban, Indoor, and Emerging Agricultural
Production.--The Committee directs NASS to continue its
outreach to stakeholders to develop a better understanding of
how to collect more accurate information on urban, indoor, and
emerging agricultural production. The Committee recognizes that
the current census of agriculture definition may not fully
address the landscape and scope of urban agriculture across the
Nation. The new information will be critical to the policy
development and outreach carried out by the Office of Urban
Agriculture and Innovative Production. The Committee requests
NASS to brief the Committee on how this information can be
better addressed in the ongoing Census of Agriculture.
Interagency Assistance.--The Bureau of Land Management
(BLM) relies on NASS data when calculating acreage rental fees
charged to wind and solar energy projects. The Committee
understands BLM is in the process of considering adjustments to
fee calculations. NASS is encouraged to assist BLM with
analysis on pasture land and non-irrigated land property values
and rental values in areas with renewable energy development
and operations.
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
2022 appropriation.................................... $1,633,496,000
2023 budget estimate.................................. 1,858,719,000
Provided in the bill.................................. 1,737,629,000
Comparison:
2022 appropriation.................................. +104,133,000
2023 budget estimate................................ -121,090,000
COMMITTEE PROVISIONS
For Salaries and Expenses of the Agricultural Research
Service (ARS), the Committee provides an appropriation of
$1,737,629,000, including a total increase of $31,221,000 for
pay and retirement contributions.
The Committee expects that extramural and intramural
research will be funded at no less than the fiscal year 2022
levels, unless otherwise specified.
The Committee strongly supports the Administration's
request for ARS to conduct additional research and development
to enhance its capabilities to mitigate the impacts of climate
change on the agricultural sector. Through its numerous
laboratory locations around the country, ARS is uniquely
positioned to develop agricultural solutions to climate change
on a national, regional, and local scale. The Committee
recommends funding for the Administration's clean energy and
climate science goals in targeted areas, as noted below, to
build upon ongoing research activities and lay the groundwork
for innovative approaches in the future.
1890s Partnerships.--The Committee recognizes the
importance of 1890s Land Grant Institutions and the
collaborative relationships that have developed with ARS
research facilities over the years. The Committee directs ARS
to expand coordination of research efforts with 1890s, wherever
ARS facilities and 1890s are in the same region, to the
greatest extent possible. The Committee notes the longstanding
partnerships that exist where 1862s and ARS facilities are in
the same area and encourages ARS to strengthen similar efforts
with the 1890s. In addition, the Committee recommends ARS hold
research workshops, establish cross-institutional faculty
mentorships, and invest in leadership and capacity-building
efforts for 1890s.
Aerial Application.--The Committee recognizes the
importance of aerial application to control crop pests and
diseases and to fertilize and seed crops and forests. Aerial
application is useful not only to ensure overall food safety
and food security, but also to promote public health through
improved mosquito control and public health application
techniques. The Committee urges ARS to prioritize research
focused on optimizing aerial spray technologies for on-target
deposition and drift mitigation, and to work cooperatively with
the Environmental Protection Agency to update their pesticide
review methodology.
Aflatoxin Research.--The Committee recognizes the
increasing economic and food safety threat that aflatoxin poses
to corn and other affected agricultural crops and products.
Aflatoxin is currently spreading to other parts of the country
due to more frequent extreme weather events. The Committee
encourages ARS to expand research into methods of mitigating
the risk of aflatoxin, particularly regarding responsive
agriculture, human nutrition, and food safety. The Committee
provides $1,500,000 to support these efforts.
Alfalfa Research.--The Committee recommendation includes an
increase of $1,000,000 above the fiscal year 2022 level to
support research focused on alfalfa improvement.
Alternative Protein Research.--The Committee supports
research focused on the characteristics of animal meat using
plants, animal cell cultivation, or fermentation (together,
``alternative proteins''). The Committee provides an increase
of $1,000,000 to support alternative protein research
encompassing all stages of the production process, including
optimizing ingredient processing techniques and developing new
manufacturing methods. The Committee encourages ARS to
collaborate with other relevant programs, including but not
limited to NIFA and the National Science Foundation.
Animal Research.--The Committee directs ARS to ensure that
each of its facilities housing animals is adhering to the
Animal Welfare Act at all times and to submit quarterly reports
that include both all violations found by APHIS during that
quarter and the specific actions that will be taken to prevent
their recurrence.
Avocado Lace Bug.--The Committee encourages ARS to
coordinate research efforts with NIFA and APHIS to address the
impact of the avocado lace bug and the Queensland longhorn
beetle.
Axis Deer.--The Committee is concerned about the impact of
axis deer and other ungulates on native forests and encourages
ARS to coordinate NIFA and APHIS to develop strategies to
mitigate their impact on native forests.
Barley Pest Initiative.--The Committee provides an
additional $1,000,000 above the fiscal year 2022 level 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.
Binational Agricultural Research and Development (BARD).--
The Committee provides an increase of $1,000,000 to support
BARD's historical grant-making functions and expand programming
for food and nutrition, technology acceleration, and artificial
intelligence.
Biotechnology Innovation.--The Committee strongly supports
ARS' mission to accelerate biotechnology innovation and
development, product regulatory approval, and transfer to
stakeholders and partners for agricultural products grown
across the U.S., including areas historically left behind by
technological innovations. The Committee provides $16,000,000
as requested in the budget for ARS to leverage current
resources to help find solutions to agricultural challenges
through biotechnology innovation.
Cattle Fever Ticks.--The Committee encourages ARS to focus
on research projects designed for synergistic compatibility
with eradication technologies inside and beyond the permanent
fever tick quarantine zone as the first step to achieve
eradication.
Clean Energy Research.--The Committee includes $20,000,000
in support of the Administration's clean energy proposals. The
Committee provides $15,000,000 for the Biowaste-stream to
Bioenergy activity proposed as part of the New Products/Product
Quality/Value Added Program and $5,000,000 to develop
feedstocks and new sustainable varieties of sugar and oil crops
activities proposed as part of the Crop Production Program. The
Committee believes these activities represent the most
impactful agricultural research in support of the
Administration's clean energy goals.
Climate Science.--The Committee includes $20,000,000 in
support of the Administration's agricultural climate science
proposals. The Committee provides $5,000,000 to strengthen
Regional Climate Hub research teams and $15,000,000 to enhance
the LTAR network.
Citrus Greening Disease Research.--The Committee commends
ARS' research efforts on citrus greening disease and encourages
the agency to continue working to develop methods to reduce
transmission and enhance immunity in citrus trees and to work
with industry, universities, growers, and other partners to
develop effective control mechanisms. The Committee also
encourages ARS to coordinate its efforts with the Huanglongbing
Multi-Agency Coordination (HLB MAC) group.
Coffee Leaf Rust.--The Committee provides an additional
$500,000 above the fiscal year 2022 level to support coffee
plant health research.
Energy-Water Nexus.--The Committee recognizes the
importance of the Energy-Water Nexus, and as part of that
effort, encourages USDA to work with the Department of Energy
to further research collaborations to improve water and soil
quality in/around impaired water resources through advanced
environmental imaging and agricultural waste management
technologies.
Fiber Rich Food and Health.--The Committee recommends ARS
to include research on how an increase in fiber rich foods can
improve health outcomes and save money in future five-year
plans related to human nutrition.
Floriculture and Nursery Research Initiative (FNRI).--The
Committee provides an increase of $1,000,000 to support the
goals of the FNRI to secure a more efficient and productive
floriculture and nursery industry. The Committee also
encourages ARS to work collaboratively with NIFA on research
that includes breeding programs to increase tolerance from
insect pests, diseases, and other climate change impacts;
testing of new organic and non-organic pesticides; implementing
integrated pest management and biological control programs; and
innovations in unmanned aerial systems.
Food Safety and Food Defense Research.--The Committee
supports research in food safety to enhance food defense and
security, and encourages ARS to develop new technologies and
capabilities in food safety that will reduce and eliminate
threats to the food and agriculture supply chain.
Food Preservation Research.--The Committee encourages ARS
to coordinate with NIFA, universities, farm associations, non-
profits, and businesses to develop plans for research and
development on food preservation and artificial intelligence
harvesting technologies for specialty crops.
Forest Products Research.--The Committee supports research
on wood quality improvement and improvement in forest products
evaluation standards and valuation techniques.
Fumigant Alternatives Research.--The Committee encourages
ARS to collaborate with NIFA and industry stakeholders to
develop innovative soilborne pest control and eradication
commercial-scale tools to replace fumigants, such as methyl
bromide, metam sodium, metam potassium, and 1,3-
dichloropropene. The Committee provides an additional
$2,000,000 above the fiscal year 2022 level to support these
research goals.
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 expand existing research focused on oat improvement.
Germplasm Enhancement of Maize.--The Committee continues to
support germplasm enhancement of maize projects and encourages
continued cooperation between existing ARS maize germplasm
programs, industry, and large-scale public sector efforts to
investigate the interaction of maize genome variation and
environments.
Greenhouse Production Research Report.--The Committee
appreciates the work of the Greenhouse Production Research
Group (GPRG) to develop new technologies for controlled
environment agriculture. The Committee looks forward to
receiving the report requested in House Report 117-82.
Hawaii and U.S. Territories.--The Committee finds that
Hawaii, Puerto Rico, the U.S. Virgin Islands, and the U.S.
Pacific Territories have unique challenges in establishing
sustainable food production systems; controlling and managing
invasive species; protecting its diverse and fragile tropical
and subtropical ecosystems; and advancing molecular biology and
bioengineering.
The Committee requests ARS, in collaboration with NIFA and
APHIS, to report to the Committee on their efforts to assist
Hawaii and these territories in:
breeding and crop improvement; variety
selection for pest and disease resistance;
identification and evaluation of new specialty crops;
nutrient and water management; livestock production;
protected agriculture; and aquaponics and hydroponics;
the biology and control of priority invasive
insects, plant diseases, and weedy plant species,
including their impacts on farms, native biota, and
local ecosystems, and developing integrated pest
management strategies to control them;
land and forest resource management,
agroforestry, wildland fire science and fire
management, nutrient management, soil erosion, soil
quality and bioremediation, biological diversity
conservation and restoration, rehabilitation of
degraded and/or idle lands, and water quality; and
molecular biology and bioengineering
opportunities in tropical and subtropical areas.
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.
Herbicide Resistance Research.--The Committee provides an
increase of $500,000 to identify and overcome herbicide
resistant associated weed risks to the crop production pathway.
Histomonas Research.--The Committee encourages ARS to
coordinate development of a Histomonas research program with
intent to develop new prevention and treatment options.
Hops Research.--The Committee recognizes that the U.S. hops
industry has experienced unprecedented expansion due to the
brewing industry's economic growth over the past decade. To
sustain this growth, new varieties of hops are needed to
prevent disease and expand production throughout the country.
The Committee directs ARS to continue to focus on these efforts
to advance new disease-resistant public hop varieties.
Human Nutrition Research.--The Committee notes that
maintenance of health throughout the lifespan along with
prevention of obesity and chronic diseases via food-based
recommendations are the major emphases of human nutrition
research. The Committee encourages ARS to expand research
regarding life stage nutrition and metabolism and the growth,
health promotion, microbiome, disease prevention, diet, and
immune function of the developing child. The Committee
recognizes the vital role that research at the intersection of
human nutrition and aging plays in our understanding of public
health. The Committee directs that no less than the fiscal year
2022 funding level is provided to the existing human nutrition
centers. In addition, the Committee provides an increase of
$2,000,000 above the fiscal year 2022 level to support these
research goals.
Improved Harmful Algal Bloom (HAB) Imaging Research.--The
Committee understands HABs are a detriment to human and animal
health, aquatic ecosystems, and local economies. looks forward
to receiving the report requested in House Report 117-82.
Indo-Pacific Invasive Pests.--The Committee encourages ARS
to continue its work with stakeholders in the Indo-Pacific
region to assess options for combatting invasive pests and
report its findings to the Committee.
Little Cherry Disease.--The Committee continues to support
research on little cherry disease.
Livestock Protection.--The Committee recognizes the
challenges caused by infectious disease problems arising from
wildlife-domestic animal agriculture interactions, particularly
between domestic sheep and wild bighorn sheep. Researchers have
recently produced an experimental vaccine to protect bighorn
populations from disease, but much work is still required. The
Committee encourages ARS to pursue 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.
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.
Macadamia Tree Health Initiative.--The Committee provides
an increase of $500,000 to support implementation of the
Macadamia Tree Health Initiative.
National Agricultural Library (NAL).--The Committee
encourages ARS to maintain a focus on agriculture-related legal
issues within NAL. The Committee notes that as the agriculture
sector faces financial stress, there is a necessity that
agriculture-related legal issues be addressed on an
increasingly frequent basis. Further, agriculture-related legal
issues are complex. The Committee recommends that NAL continue
to play an important role in assisting all stakeholders with
understanding these issues. Further, the Committee encourages
ARS and NAL to engage in multi-year cooperative agreements to
enhance NAL's ongoing work.
National Arboretum Public Access.--The Committee is aware
of ongoing efforts to develop a new strategic plan for the
National Arboretum to carry out its missions of research,
education, and public display gardens. The Committee expects
that such plan will address necessary security and safety
enhancements and improve public access to the National
Arboretum. In addition, the Committee directs ARS to explore
entering into agreements with the District of Columbia and
private sector partners to fulfill these public access
improvements.
Navel Orangeworm (NOW).--The Committee encourages ARS to
collaborate with APHIS and industry stakeholders on the APHIS
NOW sterile moth pilot program to help reduce NOW moth
populations.
Organic Research.--The Committee looks forward to receiving
the five year plan requested in House Report 117-82.
Pacific Shellfish.--The Committee recognizes the economic
importance of shellfish aquaculture for rural and coastal
communities and Tribes on the Pacific coast and the need for
resilient, healthy genetic stocks that can withstand the
region's changing ocean and coastal conditions as well as new
disease threats.
Peanut Nutrition Research.--The Committee recognizes the
need for more research to identify how peanut consumption
contributes to overall health, wellness, and reduces chronic
disease risk in various groups and across the lifespan. The
Committee encourages research topics to include chronic
diseases, nutrition and wellness across the lifespan, health
disparities, dietary patterns for optimal health, and nutrition
for the future. The Committee provides an increase of
$1,000,000 to continue this peanut nutrition research.
Peanut Research.--The Committee provides an additional
$1,000,000 above the fiscal year 2022 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 $1,000,000 above the fiscal year 2022 level to
maintain pecan genetic resources, further characterize pecan
genetic diversity and advance cultivar breeding through novel
genomic approaches that tap into the unique pecan genetic
resources held by ARS.
Pecan Processing Research.--The Committee recognizes the
need for new pecan processing technologies, in particular
pasteurization and cracking/shelling technologies, and the
importance of pasteurization processes for food safety and in
continuing export growth. The Committee provides an additional
$1,000,000 above the fiscal year 2022 level to support pecan
processing research activities to address these issues.
Pest Management Efforts.--The Committee recognizes the
value of ARS in supporting the greenhouse industry with
research on pest management and plant nutrients as well as the
importance of reducing energy costs for greenhouse and
controlled environment agriculture. The Committee again directs
ARS to continue work on pest management and plant nutrients and
also to develop plans for controlled environment demonstration
projects aligned with existing ARS technical units focused on
greenhouse agriculture to provide data on savings and
productivity resulting from these projects.
PFAS Research.--Though there is some evidence regarding
which crops may be more or less prone to take up perfluoroalkyl
and polyfluoroalkyl substances (PFAS) from soil, there are
still significant knowledge gaps related to PFAS and its
impacts on agriculture. The Committee supports further
investment in research investigating PFAS movement in soils and
water, plant uptake, remediation options, and livestock feed
amendments, and directs USDA to provide a report within 180
days identifying knowledge gaps in this space.
Post-Research Animal Placements.--The Committee continues
to be very interested in the ARS framework, requested in the
2022 report, to allow the retirement of dogs and cats, and
other domesticated animals as appropriate, that are no longer
used in intramural agency research to private homes, rescues or
sanctuaries.
Potato Research.--The Committee directs ARS to continue to
support pest management programs in potato growing states. The
Committee recognizes that these programs help scientists track
potential pest outbreaks and provide growers and industry
professionals with current information on specific and timely
treatments. Additionally, the programs help identify serious
diseases, such as late blight disease, in their early stages,
allowing for preventive measures to be put into place quickly
to avoid crop losses.
Regenerative and Precision Agriculture for Orchards.--The
Committee directs ARS to compile currently available research
data on the effect of regenerative and precision agriculture on
conserving water, sequestering carbon, increasing soil health,
and minimizing or eliminating chemistries within the context of
applicability to fruit and nut orchards, and to identify data
gaps on the application of these research goals to fruit and
nut orchards. The Committee includes an increase of $500,000 to
eliminate any research gaps.
Remote Sensing for Soil Organic Carbon Research.--The
Committee supports research into best practices for measuring
the soil carbon deficit on farm, agricultural, and prairie land
though remote sensing including through satellite technology,
drone deployment, and aircraft systems along with innovative
remote sensing techniques. The Committee encourages ARS to
coordinate research efforts with other relevant federal
agencies involved in the remote sensing of soil organic carbon
including, but not limited to, the United States Geological
Survey, the National Oceanic and Atmospheric Administration,
and the National Aeronautics and Space Administration.
Small Fruits Research.--The Committee provides an
additional $500,000 above the fiscal year 2022 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
barley and wheat high throughput genomics and phenotyping and
recognizes its importance in improving crop traits and
developing new cultivars.
Soft Wheat Falling Numbers Test Research.--The Committee
recognizes the emerging crisis surrounding wheat starch
degradation, as detected by the Hagberg-Perten Falling Numbers
Test, and encourages ARS to continue researching the accuracy
of the test and the environmental, storage, and genetic
conditions leading to this quality loss.
Sorghum.--The Committee recognizes the growing significance
of sorghum due to water conservation traits and increased
utilization and supports further research to mitigate
adventitious gene flow and enhance pest resistance. The
Committee encourages ARS to address increased drought pressure
and erratic climate patterns through trait-based sorghum
breeding, phenotyping, and associated genomic resources. This
research will help develop varietals which respond to plant
stress and deliver increased yield potential in these hard
semi-arid conditions.
Soybean Resiliency and Research.--The Committee recognizes
the unique role that soybeans will play in sustainably meeting
future global demand for protein. The Committee encourages ARS
to support research related to drought and flood tolerance in
soybeans, improving crop resiliency through improved genetic
diversity and breeding efforts to increase levels of crude
protein and essential amino acids.
Spittle Bug.--The recent introduction of invasive insect
species such as Prosapia bicincta has substantially impacted
tropical grazing lands. The Committee encourages ARS to
coordinate research efforts with NIFA and APHIS to address the
impact of the spittle bug.
Strawberry Production Research.--The Committee recognizes
that the highly perishable, delicate, and labor-intensive
nature of strawberry production makes this crop an ideal test
bed for innovative automation technologies. The Committee
provides $500,000 to research innovative automation
technologies to enhance strawberry production.
Sugarcane Research Program.--The Committee supports
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.
Sustainable Aquaculture.--The Committee supports rapid
response research on sustainable marine aquaculture for
coldwater and warmwater production coastal environments, with
special emphasis on workforce education. The Committee requests
a report on how the Agriculture Experiment Station model could
be applied to support the U.S. aquaculture industry to develop
and deploy sustainable production practices and better manage
coastal aquaculture resources.
Tropical and Subtropical Research.--The Committee
encourages ARS to continue research on Tropical and Subtropical
crops. The Committee notes this research is critical as the
presence of and destruction by invasive pests such as fruit
flies, coffee berry borer, felted macadamia nut coccid, and
plant viruses and funguses increase and threaten crop security
in the Pacific and insular areas.
U.S. Sheep Experiment Station (USSES).--The Committee
recognizes the unique and valuable contributions the USSES
makes toward increasing production efficiency and improving
sustainable rangeland ecosystems. The Committee is pleased by
the collaboration of a diverse variety of stakeholders on the
use of pastures, monitoring of wildlife interactions, and
studies of mutual interest. The Committee encourages ARS to
engage directly with stakeholders and state and federal
agencies with biological expertise to expand research programs
and urges ARS to continue engaging collaborators to ensure the
station functions as an agricultural research facility while
also evaluating opportunities through a domestic livestock/
wildlife collaboration.
U.S. Wheat and Barley Scab (USWBS).--The Committee
continues to recognize the importance of the research carried
out through the USWBS Initiative. Fusarium head blight is a
major threat to agriculture, inflicting substantial yield and
quality losses throughout the U.S.
Whitefly.--The Committee recognizes that whiteflies are an
emerging pest as a result of both 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 2022
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 a reliable database of background levels
of smoke taint compounds occurring naturally in wine grapes,
develop mitigation methods to reduce or eliminate smoke taint,
and study compounds that can act as a barrier between the
grapes and smoke compounds. In addition, the Committee supports
research to establish standard methodologies for sampling and
testing of smoke exposed grapes and smoke affected wines. The
Committee provides an additional $500,000 above the fiscal year
2022 level in support of these research efforts.
BUILDINGS AND FACILITIES
2022 appropriation.................................... $127,805,000
2023 budget estimate.................................. 45,405,000
Provided in the bill.................................. 57,305,000
Comparison:
2022 appropriation.................................. -70,500,000
2023 budget estimate................................ +11,900,000
COMMITTEE PROVISIONS
The Committee provides $57,305,000 for Buildings and
Facilities. The Committee specifies the following projects and
amounts to be funded in fiscal year 2023.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
2022 appropriation.................................... $1,046,244,000
2023 budget estimate.................................. - - -
Provided in the bill.................................. 1,142,021,000
Comparison:
2022 appropriation.................................. +95,777,000
2023 budget estimate................................ +1,142,021,000
COMMITTEE PROVISIONS
For Research and Education Activities, the Committee
provides an appropriation of $1,142,021,000.
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. 3157.
Agriculture and Food Research Initiative (AFRI).--The
Committee strongly supports AFRI. The Committee supports
research focused on ``alternative proteins'' from plant
proteins, animal cell cultivation, or fermentation. The
Committee encourages NIFA to continue collaborating with the
Agricultural Research Service and other relevant agencies to
provide and promote collaboration opportunities among land-
grant and minority serving institutions.
In addition, the Committee notes that projects that focus
on researching enhanced rock weathering and biochar to quantify
climate benefits, assess any environmental or health risks, and
identify ways to minimize the environmental impact of silicate
rock mining, grinding, and transport are also eligible for AFRI
awards.
The Committee commends NIFA and the National Institutes of
Health (NIH) for developing the Dual Purpose with Dual Benefit
Research Program in Bio-medicine and Agriculture Using
Agriculturally Important Domestic Animal Species. The Committee
strongly encourages a continued partnership between NIFA and
NIH to develop a next generation inter-agency program to
further strengthen ties between human medicine, veterinary
medicine, and animal sciences, with the goal to improve animal
and human health and provide enhanced applicability and return
on investment in research.
The Committee encourages AFRI to support a conference
focused on nutrition science. The conference would convene
representatives from relevant federal agencies, academia,
private industry, and the public to examine and identify
opportunities and challenges related to the use of healthy food
and nutrition to prevent, manage, and treat disease, including
but not limited to the impact of medically tailored meals,
produce prescription programs, federal nutrition assistance
programs on health, healthcare spending, and racial equity.
The Committee requests NIFA submit a report summarizing the
type and focus of research awarded through AFRI over the past
five years within 180 days of the enactment of this Act. This
report should also outline ways the agency can improve program
outreach and the regional diversity of AFRI awardees.
The Committee encourages NIFA to support Hispanic-serving
agricultural colleges and universities agricultural worker
training grants programs.
Aquaculture Assistance Programs.--The Committee recognizes
the important role the Aquaculture Assistance Programs and NIFA
Regional Aquaculture Centers play in aquaculture research,
education and extension. The Committee requests a summary of
current Regional Aquaculture Center projects and identify gaps
to make recommendations to increase efficiency and impact of
individual regional aquaculture centers.
Aquaculture 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.
Blockchain Technology.--The Committee is interested in how
blockchain technology can be utilized to accurately trace food
and mitigate the risks associated with food contaminated
outbreaks and to develop effective strategies for controls. The
Committee urges NIFA to coordinate research to reduce the risks
of foodborne illness through the application of blockchain
technology. The Committee commends the work that has already
been completed by the Food and Drug Administration in this
field and encourages the coordination between NIFA and the FDA.
Childhood Obesity.--The Committee recognizes that USDA has
supported important and effective programs that address
childhood obesity in remote areas and among native and
underserved populations. Remote areas, including geographically
isolated states and U.S.-affiliated jurisdictions, have
significant problems with childhood obesity but lack certain
resources that the rest of the country has access to, including
inclusion in the CDC's National Health and Nutrition
Examination Survey (NHANES). Additionally, native and
underserved populations often have high rates of childhood
obesity, coupled with undernutrition, warranting further
outreach and study, and a focus on reinforcing healthy food and
activity opportunities in a healthy environment. The Committee
encourages USDA to continue funding for programs to address
childhood obesity prevention and community health promotion in
remote areas and among native and underserved populations.
Citrus Disease Research Program.--The Emergency Citrus
Disease Research and Extension Program is intended to discover
and develop tools for early detection, control, and eradication
of diseases and pests that threaten domestic citrus production
and processing. The program receives $25,000,000 per year in
mandatory funding from the Specialty Crop Research Initiative.
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.
Crop Quality Loss Research.--The Committee is aware of crop
degradation issues harming agricultural production and leading
to great losses for producers. The Committee encourages NIFA to
support the conduct of research into soft white wheat crop
quality loss and mitigation of its impact on producers.
Cybersecurity.--The Committee remains concerned about the
rising cybersecurity threats to our nation's agricultural
systems. The Committee requests that the Secretary report to
the Committee on the research needed to identify, assess, and
mitigate cybersecurity gaps within the agricultural spectrum,
from seed, crop, and livestock production to distribution
supply chains, with the goal of creating a national research
network of regional academic cybersecurity centers in
collaboration with industry partners, cooperatives, government
authorities, and other stakeholders to strengthen security,
data privacy, and resiliency, bolster the interdependent
networks, and develop a skilled workforce for this critical
area.
Deep Water Carbon Sequestration.--The Committee recognizes
advances in deep water kelp sequestration and oyster farming
play an important role in mitigating the impacts of a changing
climate. The Committee encourages NIFA to support sustainable
carbon sequestration demonstration projects in deep ocean
water.
Food Safety Research.--The Committee supports research in
food safety to enhance food and agriculture defense and
security. The Committee encourages NIFA to fund research on new
technologies and capabilities, including predictive data
analytics, to eliminate disruptions to the food and agriculture
supply chain and for early detection of public health threats.
Food Security and Climate Adaptation.--The Committee
encourages NIFA to seek out and support suitable non-profit ag-
biotech research partners to engage in transgenic plant
research that can deliver durable resistance to plant diseases,
pests, and weeds, thus advancing USDA goals for food security
and climate adaptation, and benefitting both producers and
consumers of major crops. These approaches can deliver
regenerative outcomes for agriculture, by reducing use of land,
water, and chemicals per acre of production, and building soil
health and sequestering carbon.
Genome to Phenome.--The Committee continues to support the
development of tools and datasets for the integration and
analysis of phenotypic and genetic variation under different
environmental conditions that can be used across multiple
livestock and crop species to improve the output and efficiency
of agriculture.
Grants for Insular Areas.--The Committee recognizes NIFA
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 to help address plant disease and
invasive species priorities in the territories.
Harvest Mechanization.--The Committee recognizes the
economic importance of the fresh produce sector of agriculture
and notes that harvesting these crops is labor intensive.
Accordingly, the Committee encourages NIFA to prioritize
development of innovative technologies and practices to support
the acceleration of mechanical harvesting of specialty crops.
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 looks forward to receiving a
report from NIFA requested in H. Rpt. 117-82.
Minor Crop Pest Management.--The IR-4 Project has been
critical to securing registrations for new plant protection
products for specialty crops and the primary avenue for new
reduced-risk pesticides, while improving impacts on the
environment, worker safety, and more sustainable production
systems for holistic wellbeing. The Committee provides
increased funding to continue the Project's mission of food
security research infrastructure and meeting consumer demands
for high-quality food.
Multifaceted Tools for Controlling Harmful Algal Blooms
(HABs) and Huanglongbing.--The Committee encourages NIFA to
continue research into the use of potent antimicrobials through
the use of environmentally-friendly integrated nano-delivery
systems for the purpose of controlling both HABs and
Huanglongbing.
Soil Health Experts.--The Committee appreciates NIFA's
efforts to hire additional 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.
Supply Chain Research.--The Committee encourages NIFA, in
consultation with the Agricultural Marketing Service, to work
with institutions of higher education to conduct research on
best practices on strengthening, maintaining, and securing
supply chains related to agricultural products produced in the
United States, in order to lower input costs for farmers and
producers and lower prices of agricultural products, including
biofuels, for consumers, particularly for food insecure
communities. The Committee encourages this research to include
geographic and industry diversity. The Committee encourages the
entities conducting research to work with extension agents
through the Cooperative Extension System to provide information
and technical assistance informed by the research to relevant
agricultural groups and farmers and producers.
Sustainable Agriculture Research and Education (SARE).--The
Committee is strongly supportive of the SARE program and
requests that USDA ensure that research, education, and
extension activities carried out within SARE remain intact. The
Committee encourages the Secretary to support professional
development program activities such as training, grants, and
resources for agricultural professionals to build their
awareness, knowledge, and skills related to soil health and
carbon sequestration.
Vector Control.--The Committee encourages USDA to support
research, including the work done through the Biotechnology
Risk Assessment Research Grants program, to develop innovative
vector control technologies targeted to combatting Zika-
carrying Aedes aegypti mosquitos. The Committee urges USDA to
utilize pest management programs and partner organizations to
conduct research to develop and test effective repellents,
create new molecular pesticide technologies that prevent
mosquitoes from reproducing, and explore natural product
remedies to deter pests.
The following table reflects the amounts provided by the
Committee:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION ACTIVITIES
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
Program/Activity Authorization 2022 Enacted 2023 Estimate Provision
----------------------------------------------------------------------------------------------------------------
Hatch Act............................. 7 U.S.C. 361a-i......... $260,000 $265,000 $265,000
McIntire-Stennis Cooperative Forestry 16 U.S.C. 582a through a- 36,000 43,283 38,000
Act. 7.
Research at 1890 Institutions (Evans- 7 U.S.C. 3222........... 80,000 92,837 92,837
Allen Program).
Payments to the 1994 Institutions..... 7 U.S.C. 301 note....... 5,500 15,000 10,000
Education Grants for 1890 Institutions 7 U.S.C. 3152(b)........ 28,500 26,000 30,000
Scholarships at 1890 Institutions..... 7 U.S.C. 3222a.......... 10,000 10,000 10,000
Centers of Excellence at 1890 7 U.S.C. 5926(d)........ 10,000 10,000 10,000
Institutions.
Education Grants for Hispanic-Serving 7 U.S.C. 3241........... 14,000 14,000 20,000
Institutions.
Education Grants for Alaska Native and 7 U.S.C. 3156........... 4,000 3,194 5,000
Native Hawaiian-Serving Institutions.
Research Grants for 1994 Institutions. 7 U.S.C. 301 note....... 4,500 4,500 5,000
New Beginnings for Tribal Students.... 7 U.S.C. 3222e.......... 5,000 5,000 5,000
Capacity Building for Non-Land-Grant 7 U.S.C. 3319i.......... 5,000 5,000 5,000
Colleges of Agriculture.
Grants for Insular Areas.............. 7 U.S.C. 3222b-2, 3362 2,000 2,000 2,700
and 3363.
Agriculture and Food Research 7 U.S.C. 450i(b)........ 445,000 564,000 500,000
Initiative.
Veterinary Medicine Loan Repayment.... 7 U.S.C. 3151a.......... 9,500 8,500 10,000
Veterinary Services Grant Program..... 7 U.S.C. 3151b.......... 3,500 3,000 4,000
Continuing Animal Health and Disease 7 U.S.C. 3195........... 4,000 4,000 4,000
Research Program.
Supplemental and Alternative Crops.... 7 U.S.C. 3319d.......... 2,000 663 663
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)........ 10,000 10,000 10,000
Fellowship and Institution Challenge
Grants.
Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)........ 900 1,000 900
Education.
Aquaculture Centers................... 7 U.S.C. 3322........... 5,000 5,000 5,000
Sustainable Agriculture Research and 7 U.S.C. 5811, 5812, 45,000 60,000 50,000
Education. 5831, and 5832.
Farm Business Management.............. 7 U.S.C. 5925f.......... 2,000 2,000 2,500
Sun Grant Program..................... 7 U.S.C. 8114........... 3,500 3,000 3,000
Research Equipment Grants............. 7 U.S.C. 3310a.......... 5,000 5,000 5,000
Alfalfa Seed and Alfalfa Forage 7 U.S.C. 5925........... 3,500 - - - 3,500
Systems Research Program.
Minor Crop Pest Management (IR-4)..... 7 U.S.C. 450i(c)........ 14,500 20,000 15,000
Agricultural Genome to Phenome 7 U.S.C. 5924........... 2,000 - - - 2,000
Initiative.
Laying Hen and Turkey Research Program 7 U.S.C. 5925........... - - - - - - 1,000
Special Research Grants:.............. 7 U.S.C. 450i(c)........
Global Change/UV Monitoring....... ........................ 1,400 1,925 1,400
Potato Research................... 7 U.S.C. 450i(c)........ 3,000 - - - 3,000
Aquaculture Research.............. 7 U.S.C. 450i(c)........ 2,000 2,000 2,000
Total, Special Research Grants.. ........................ 6,400 3,925 6,400
Necessary Expenses of Research and
Education Activities:
Grants Management Systems......... ........................ 7,924 7,924 7,924
Federal Administration--Other ........................ 12,020 13,489 12,597
Necessary Expenses.
Total, Necessary Expenses....... ........................ 19,944 21,413 20,521
Total, Research and Education ........................ $1,046,244 $1,213,315 $1,142,021
Activities.
----------------------------------------------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
2022 appropriation.................................... ($11,880,000)
2023 budget estimate.................................. (11,880,000)
Provided in the bill.................................. (11,880,000)
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Native American Institutions Endowment Fund, the
Committee provides $11,880,000.
EXTENSION ACTIVITIES
2022 appropriation.................................... $550,605,000
2023 budget estimate.................................. -- -
Provided in the bill.................................. 586,502,000
Comparison:
2022 appropriation.................................. +35,897,000
2023 budget estimate................................ +586,502,000
COMMITTEE PROVISIONS
For Extension Activities, the Committee provides an
appropriation of $586,502,000.
1862 and 1890 Partnerships.--The Committee recognizes that
the goal of cooperative agricultural extension is shared by all
land-grant universities--to provide farmers with information
from cutting-edge agricultural research, conduct demonstrations
and assist rural communities in applying new technologies and
farming methods to their operations, and improve the efficiency
of our American farms and ranches. Therefore, the Committee
directs NIFA to make every effort to strengthen partnership and
expand cooperation between 1862 and 1890 Land Grant
institutions, thereby closing the gap in extension between the
two systems and leveraging joint collaborative efforts.
Consider establishing partnership grants for joint educational
and extension activities, in states where at least one 1862
institution and at least one 1890 institution are located, to
foster co-creation of new opportunities and new programming to
better serve producers.
Farm and Ranch Stress Assistance Network (FRSAN).--The
Committee appreciates the updates provided in NIFA's fiscal
year 2023 budget justification and requests additional
information in the next budget. The report should include
details about how the program has evolved since inception,
including but not limited to how many people have utilized the
services associated with FRSAN each year, what kinds of
programming is being provided, and what each FRSAN center's
strategy is for continuing to improve coordination with its
partners and outreach to farmers, ranchers, farm workers, and
others using its services. Lastly, this report should identify
the impact additional funding could have on expanding
programing and outreach for this program.
The following table reflects the amounts provided by the
Committee:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
FY 2022 FY 2023 Committee
Program/Activity Authorization Enacted Estimate Provision
----------------------------------------------------------------------------------------------------------------
Smith-Lever Act, Section 3(b) and (c) 7 U.S.C. 343(b) and (c) and $320,000 $320,000 $330,000
programs and Cooperative Extension. 208(c) of P.L. 93 471.
Extension Services at 1890 Institutions... 7 U.S.C. 3221................ 65,000 65,000 76,000
Extension Services at 1994 Institutions... 7 U.S.C. 343(b)(3)........... 9,500 19,000 15,000
Facility Improvements at 1890 Institutions 7 U.S.C. 3222b............... 21,500 21,500 25,000
Renewable Resources Extension Act......... 16 U.S.C. 1671 et. seq....... 4,060 4,100 4,060
Rural Health and Safety Education Programs 7 U.S.C. 2662(i)............. 5,000 4,000 5,000
Food Animal Residue Avoidance Database 7 U.S.C. 7642................ 2,500 2,000 2,500
Program.
Women and Minorities in STEM Fields....... 7 U.S.C. 5925................ 1,000 2,305 2,305
Food Safety Outreach Program.............. 7 U.S.C. 7625................ 10,000 10,000 10,000
Food and Ag Service Learning.............. 7 U.S.C. 7633................ 2,500 2,000 2,000
Farm and Ranch Stress Assistance Network.. 7 U.S.C. 5936................ 10,000 10,000 10,000
Enhancing Ag Opportunities for Veterans ............................. - - - 5,000 - - -
(AgVets).
Smith-Lever Act, Section 3(d):............ 7 U.S.C. 343(d)..............
Food and Nutrition Education.......... ............................. 70,000 70,000 70,000
Farm Safety and Youth Farm Safety ............................. 5,000 5,000 5,000
Education Programs.
New Technologies for Agricultural ............................. 3,550 3,002 3,550
Extension.
Children, Youth, and Families at Risk. ............................. 8,395 8,860 8,395
Federally Recognized Tribes Extension ............................. 3,500 7,700 7,700
Program.
Total, Section 3(d) ............................. 90,445 94,562 94,645
Necessary Expenses of Extension
Activities:
Agriculture in the K 12 Classroom..... 7 U.S.C. 3152(j)............. 1,000 1,000 1,000
Federal Administration--Other ............................. 8,100 8,100 8,992
Necessary Expenses for Extension
Activities.
Total, Necessary Expenses......... ............................. 9,100 9,100 9,992
Total, Extension Activities............... ............................. $550,605 $568,567 $586,502
----------------------------------------------------------------------------------------------------------------
INTEGRATED ACTIVITIES
2022 appropriation.................................... $40,000,000
2023 budget estimate.................................. - - -
Provided in the bill.................................. 39,500,000
Comparison:
2022 appropriation.................................. -500,000
2023 budget estimate................................ +39,500,000
COMMITTEE PROVISIONS
For Integrated Activities, the Committee provides an
appropriation of $39,500,000.
The following table reflects the amounts provided by the
Committee:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
FY 2023 Committee
Program/Activity Authorization FY 2022 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.......... 7,500 7,000 7,000
Regional Rural Development Centers.. 7 U.S.C. 450i(c)....... 2,500 2,000 2,500
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.... ....................... $40,000 $39,000 $39,500
----------------------------------------------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
2022 appropriation.................................... $1,577,000
2023 budget estimate.................................. 1,676,000
Provided in the bill.................................. 1,617,000
Comparison:
2022 appropriation.................................. +40,000
2023 budget estimate................................ -59,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Marketing and
Regulatory Programs, the Committee provides an appropriation of
$1,617,000.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $1,110,218,000
2023 budget estimate.................................. 1,149,286,000
Provided in the bill.................................. 1,164,209,000
Comparison:
2022 appropriation.................................. +53,991,000
2023 budget estimate................................ +14,923,000
COMMITTEE PROVISIONS
For the Animal and Plant Health Inspection Service (APHIS),
Salaries and Expenses, the Committee provides an appropriation
of $1,164,209,000. This includes a total increase of
$22,615,000 for pay as requested in the budget.
In addition to those increases, the Committee provides
increases for the following programs: $2,000,000 for Cattle
Health; $1,500,000 for Equine, Cervid, and Small Ruminant
Health; $750,000 for the National Veterinary Stockpile;
$3,500,000 for Zoonotic Disease Management for the National
Animal Health Monitoring System; $1,000,000 for Cotton Pests;
$500,000 for Field Crop and Rangeland Ecosystems Pests;
$750,000 for Pest Detection; $6,500,000 for Specialty Crop
Pests; $1,250,000 for Wildlife Damage Management; $1,500,000
for Animal and Plant Health Regulatory Enforcement; $1,200,000
for Emergency Preparedness and Response; $2,000,000 for
Agriculture Import/Export; $2,400,000 for Overseas Technical
and Trade Operations; $1,000,000 for Horse Protection; and
$6,000,000 for Animal Care.
The Committee includes in this account $3,000,000 for
cogongrass control previously funded elsewhere in the Act.
Within the amount included for Specialty Crop Pests, the
Committee includes $71,528,000 for fruit fly exclusion and
detection; $71,359,000 for citrus health, including $11,514,000
for HLB-MAC; $22,266,000 for the glassy-winged sharpshooter;
$6,909,000 for the pale cyst nematode; $1,596,000 for the light
brown apple moth; $5,043,000 for the European grapevine moth;
$10,340,000 for the navel orangeworm; $3,022,000 for
agricultural canine inspection teams; and $18,319,000 for
spotted lanternfly.
The following table reflects the amounts provided by the
Committee:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Agricultural Imports.--The Committee recognizes that there
is a need to update APHIS physical facilities and processes due
to the increased volume of agricultural imports. The Committee
requests a plan to address the needs of 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 (AQI).--The Committee
recognizes that prevention of infestations of pests and
diseases is much more cost effective than subsequent control or
eradication. This is an important Federal responsibility and
the Committee provides $35,541,000 for the AQI function,
including pre-departure and interline inspections.
The Committee acknowledges the critical role the AQI
program plays in facilitating the safe trade of agricultural
commodities while protecting U.S. agriculture and the
environment from invasive plant and animal pests and diseases
and the importance of associated AQI fees to accomplish this
work. It has been more than seven years since USDA published an
assessment and proposed changes to the AQI fee schedule. The
Committee requests that USDA again go through the process to
assess staffing levels necessary to accomplish the purpose of
the AQI program and identify adjustments to the fee schedule,
if necessary.
Animal Care Program.--The Committee is concerned about
APHIS's Animal Care program and the steep decline in
enforcement related to violations of the Animal Welfare Act.
The Committee has included some of the reforms below in bill
language, along with a funding increase to ensure compliance
with both the bill and report language. The Committee has also
provided an increase for the Office of General Counsel to
address its workload on animal issues. The Committee will
continue to discuss the poor state of the program with USDA and
may seek further changes in the final 2023 bill.
The Committee directs the agency to reform its current
licensing and enforcement scheme immediately. This includes,
but is not limited to, the following:
ensure consistent, thorough, unannounced
inspections on a regular basis;
act swiftly when facilities fail to comply
with any of the Act's requirements;
ensure each interference with, and/or
failure to allow access for inspection, as well as each
violation or failure to comply with animal welfare
standards, is documented on an inspection report, and
assess penalties as deemed appropriate in each such
case;
ensure that there is no use of teachable
moments or any similar program that obscures findings
during inspections; and
require that inspection reports that
identify violations or failures of compliance be shared
with relevant local, state, and federal agencies.
The Committee is also concerned about the lack of
enforcement of online dog dealers, which has allowed many
online operations to continue selling puppies without the
necessary USDA licensing under the Animal Welfare Act. The
Secretary is directed to make a priority of the enforcement of
the 2013 rule that requires that dealers who are selling
animals sight-unseen to consumers must have the necessary
license to do so.
If necessary, the Secretary of Agriculture shall enter into
a memorandum of understanding with the Attorney General to
encourage greater collaboration on Animal Welfare Act
enforcement and ensure that the Department of Justice has
access to evidence needed to initiate cases.
Antimicrobial Resistance.--The Committee provides an
increase of $3,500,000 for the National Animal Health
Monitoring System Program to expand the collection and analysis
of antimicrobial use and resistance data, and the collection of
national level prevalence data on zoonotic diseases. The
Committee supports USDA's efforts in the ``One Health'' program
which seeks to maintain or reduce health risks to animals,
humans, the environment, and society, and is essential in
combating current and future zoonotic pandemics.
APHIS Inspections of ARS Facilities.--The funding provided
for the Animal Welfare program includes funding to support the
agreement between APHIS and ARS, under which APHIS conducts
compliance inspections of ARS facilities to ensure compliance
with the regulations and standards of the Animal Welfare Act.
The Committee directs APHIS to conduct inspections of all such
ARS facilities and to post the resulting inspection reports
online in their entirety without redactions except signatures.
The Committee continues to direct APHIS to transmit to the
Committees all inspection reports involving ARS facilities,
including pre-compliance inspections. 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.
Arundo Management and Control.--The Committee is concerned
with the damage the invasive plant Arundo donax inflicts on
groundwater levels in drought-prone western states. The
Committee directs APHIS to work with federal, state, and local
water managers in affected areas to establish a management and
control regime to prevent further water shortages in drought
stricken areas.
Asian Giant Hornet.--The Committee recognizes the work that
the Department is doing to conduct research, outreach, and
eradicate the Asian Giant Hornet. As the Department further
engages efforts for eradication, the Committee has provided
additional resources for the continuation of the existing
efforts with the inclusion of an expanded focus incorporating
work on improved monitoring tools, optimizing lure evaluation,
utilizing modeling to guide response efforts, and building
rapid response platforms.
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 2022 level.
Asian Longhorned Tick (ALT).--The Committee is concerned
about the ongoing spread of ALT, which has been identified in
17 states and represents a growing threat to domestic livestock
populations. In addition to monitoring the spread of ALT, APHIS
should utilize the resources necessary to enhance collaboration
with ARS, NIFA, state partners, and industry stakeholders to
improve preparedness, surveillance, and response capabilities.
Recognizing that public education and outreach will play an
important role to reduce the spread of ALT, the Committee
expects APHIS to enhance outreach and education efforts to that
end.
Avian Health.--The Committee maintains the 2022 funding
level for the Avian Health Program which provides surveillance,
prevention, and control of avian diseases to protect the U.S.
poultry industry.
Blackbird Predation.--APHIS is responsible for providing
Federal leadership in managing problems caused by wildlife. The
Committee is aware of the economic importance of controlling
blackbird depredation, which affects sunflowers and other
crops. The Committee encourages APHIS to take action to reduce
blackbird depredation in the Northern Great Plains.
Body-gripping traps.--The Committee maintains the 2022
funding level for the Secretary to develop best management
practices for body-gripping traps in circumstances where
current use of body-gripping traps increase the risk of non-
target capture to unacceptable levels, such as in some urban
environments.
Canine Detection and Surveillance.--The Committee
recognizes the important role APHIS' canines program plays in
invasive species and disease detection and continues to provide
$3,000,000 to support these efforts. The Committee requests
that APHIS keep it apprised of program activities, including
how the agency uses funding provided.
Cattle Health.--The Committee provides $112,771,000 for
Cattle Health to continue to fund initiatives related to
eradication of fever ticks for livestock and wildlife hosts
including but not limited to research, data management,
infrastructure, and treatment. The Committee is concerned that
the cattle fever tick quarantine area is expanding despite
efforts to constrain spread. To prevent movement of livestock
and game animals outside of the quarantined or high risk
premises, the Committee provides an increase of $2,000,000 and
encourages APHIS to use available funds for a cost-share
program for the construction and repair of livestock or game
fencing on private lands. The Committee directs USDA, in
conjunction with state animal health commissions, to develop a
strategy to exclude wildlife from areas at highest risk of tick
spread and identify areas that qualify for funds within these
areas.
The Committee also notes that large dense stands of non-
native Carrizo cane occupy the banks and floodplains of the Rio
Grande River, providing favorable habitat for agriculturally
damaging cattle fever ticks and threatening water supplies for
agriculture due to its high 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. The
Department is requested to keep the Committee apprised of
progress made in this regard.
Cervid Health.--The Committee provides no less than
$15,500,000 for cervid health activities, of which $11,500,000
shall be for APHIS to allocate funds directly to State
departments of wildlife, State departments of agriculture,
Native American Tribes, and research institutions and
universities to further develop and implement chronic wasting
disease (CWD) surveillance, testing, management, and response
activities. Within the remaining $4,000,000 provided, APHIS
should, if warranted, give consideration to indemnity payments
and associated costs to remove infected and exposed animals
from the landscape as expeditiously as possible.
In addition, the Committee maintains the 2022 funding level
for Wildlife Services Methods Development for CWD work at the
National Wildlife Research Center.
Citrus Health Response Program (CHRP).--CHRP is a national
effort to protect the U.S. industry from the ravages of
invasive pests and diseases. These funds are designed to
partner with state departments of agriculture and industry
groups to address the challenges of citrus pests and diseases.
In addition to the funds provided in this account, the
Committee encourages APHIS to utilize the funds available in
the Plant Pest and Disease Management and Disaster Prevention
Programs account to the greatest extent possible in an attempt
to sustain the economic viability of the citrus industry.
Cotton Pests.--The bill provides $15,950,000 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.
Depopulation.--APHIS uses defined methods for depopulation
as described in the 2019 American Veterinary Medical
Association (AVMA) Guidelines for Depopulation of Animals,
based on the species and to meet specific depopulation
timelines and on-site conditions. The AVMA definition stresses
the importance of considering animal welfare when determining
the best approach to depopulation. Given the nationwide
outbreak of highly pathogenic avian influenza and growing
concerns over African swine fever, the Committee directs the
USDA to ensure that the National Veterinary Stockpile has
adequate supplies and equipment to assist producers in
utilizing more rapid, humane, and effective depopulation
methods when necessary, as laid forth in the AVMA guidelines.
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. The Committee includes an increase of $1,450,000 to
support hazard preparedness and response for zoos and
aquariums, and implementation of emergency contingency plans
for all facilities regulated under the Animal Welfare Act.
Feral swine.--The Committee maintains the 2022 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.
Fruit Fly Exclusion and Detection.--The Committee provides
an increase of $4,000,000 for exotic fruit fly detection,
response, and prevention. The Committee requests a report, in
consultation with the Department of Defense, on plans for
repairs, improvements, maintenance, and construction of the
Sterile Insect Release Facility at Joint Forces Training Base,
Los Alamitos, California.
Genetically Engineered Microbes.--While APHIS published a
final rule in May 2020 to update it biotechnology regulations
under Part 340 for biotechnology plants, genetically engineered
(GE) microbes were not provided similar, clear next steps for
obtaining permits and moving towards commercialization. The
Committee urges APHIS, to take measurable steps to establish a
predictable and science-based regulatory pathway, including
guidance on categories or characteristics of microbes within
APHIS's Part 340 scope, and to establish an outreach strategy
to engage impacted developers and other stakeholders in the
process of scoping a Regulatory Status Review for GE microbes
for future rulemaking.
Glassy Winged Sharpshooter.--The Committee provides an
increase of $1,000,000 and urges USDA to consider all
appropriate funding resources to rapidly respond to areas where
increasing numbers of the pest glassy winged sharpshooter are
occurring in California.
Horse Protection Act (HPA).--The Committee provides
$4,096,000 for enforcement of the HPA and reminds the Secretary
that Congress granted the agency primary responsibility to
enforce this law, including the training of all inspectors. The
Committee directs the Secretary to issue the new proposed HPA
rule expeditiously and to finalize and publish the new final
rule by as soon as possible.
Huanglongbing Emergency Response.--The Committee encourages
APHIS to allocate sufficient resources to continue the
activities necessary to effectively prevent or manage HLB. The
disease, for which there is no cure, has caused a significant
decline in Florida's citrus production since 2007. All citrus
producing counties in Texas are under quarantine; and in
California, there have been over 3,000 confirmed cases of HLB
in backyard citrus trees. HLB threatens the sustainability of
the entire domestic citrus industry. If HLB continues to
spread, it will cost thousands of additional jobs and millions
in lost revenue. The agency is encouraged to support the
priorities and strategies identified by the HLB-MAC group. The
agency should appropriately allocate resources based on
critical need and the maximum benefit to the citrus industry.
Imported Dogs.--The Committee is aware that the USDA issued
a report that showed that over one million dogs are imported
into the United States each year. Of that number, however, less
than one percent are subject to thorough health screenings to
show that they are healthy, vaccinated and free of disease
prior to entering the country. The limited health requirements
and inspection has resulted in the importation of animals that,
tragically, arrive in poor health or die during travel, as well
as the importation of animals carrying various diseases from
rabies to canine influenza to leptospirosis, among others. As
the connection between human and animal health becomes clearer,
it is imperative that imported animals, including dogs, are
healthy, vaccinated, and of an appropriate age to travel.
Therefore, the Committee maintains the 2022 increase of
$1,000,000 for APHIS to strengthen its oversight of imported
dogs, including stronger interagency coordination to better
protect animal and public health.
In and Out Bound Market Access Report.--The Committee
requests APHIS to continue submitting the report on U.S. out-
bound and foreign in-bound agricultural market access. The
report should provide data for the last three years, including
the date access was granted and the in-bound and out-bound
volumes shipped by country and commodity.
Lacey Act Implementation.--To combat illegal imports of
timber and timber products, protect natural resources, and
promote fair trade, the Lacey Act, as amended, requires an
import declaration for certain plants and plant products. Since
2009, APHIS has been phasing in enforcement of the declaration
requirement. The Committee is concerned with the pace of
enforcement and provides $4,984,000, more than doubling the
2021 level, for additional enforcement phases. The Committee
urges APHIS to work with federal partners and stakeholders to
enhance Lacey Act program analysis and compliance efforts, and
looks forward to receiving the report requested in House Report
117-82.
Marine Mammals.--The Committee is concerned that USDA's
handling, care, treatment, and transportation standards for
marine mammals in captivity are seriously outdated. Current
standards do not adequately protect the welfare of captive
marine mammals. An effort to modernize these standards that
began in 2002 ended in 2021 when a proposed rule published in
2016 was withdrawn, recognizing it was now outdated. The
Committee directs APHIS to prioritize the development and
finalization of a humane and science-based rule to modernize
its marine mammal regulations and to report back within six
months on its progress in achieving that goal.
Mink STAMP Program.--The Committee is concerned about the
low level of state and industry participation in the new Mink
SARS-CoV-2 Transmission Avoidance and Monitoring Plan (Mink
STAMP) program, designed to monitor for SARS-CoV-2 infection on
mink farms and minimize risk of transmission of the virus
between mink, humans, and other animals on and around mink
farms. The Committee requests a written report within 90 days
delineating State agencies and mink farms that are currently
participating and what proactive steps are being taken or
should be taken to encourage greater state and industry
participation in the Mink STAMP program. Additionally, the
report shall explain what education, incentives, infrastructure
support, surveillance activities, multimedia resources, and
herd management recommendations are being provided to mink
farmers as part of the Mink STAMP program. Finally, the report
shall describe what steps the Department will take to ensure
comprehensive SARS-CoV-2 monitoring at mink farms if only
partial participation by states and farmers is achieved. The
report should include any corresponding documentation
indicating that the above steps and actions were taken. The
report shall also provide farm owners with an outline of
processes, procedures, and reimbursements in the event of farm
closures.
Mormon Cricket and Grasshopper.--In light of continued
drought conditions over the past two years, the Committee is
concerned about the significant increase in Mormon cricket and
grasshopper populations. The Committee provides an increase of
$500,000 to ensure that adequate funding remains available to
mitigate the associated economic damages.
National Animal Health Laboratory Network (NAHLN).--The
laboratories within the NAHLN network are on the frontline for
detection of newly identified and reemerging animal diseases.
NAHLN laboratories provide a critical contribution to animal
and human health, as demonstrated during the pandemic.
Therefore, the Committee rejects the budget reduction and
continues to provide funding for NAHLN through both APHIS and
NIFA at no less than $18,500,000 for fiscal year 2023. This
amount is in addition to mandatory funding provided through the
2018 Farm Bill for Animal Disease Prevention and Management.
The Committee encourages the Department to provide robust
funding from the 2018 Farm Bill for NAHLN.
National Honeybee Disease Survey Report.--The Committee
continues funding the survey at the 2022 level. Since 2009, a
national survey of honeybee pests and diseases has been funded
annually by APHIS along with other federal and non-federal
partners to document which bee diseases, parasites, or pests of
honeybees are present and/or likely absent in the U.S. This
information will help place current and future epidemiological
studies in context and thus may indirectly help investigations
of emerging conditions.
Pale Cyst Nematode Eradication.--The Committee includes
funding to maintain resources for the pale cyst nematode
eradication program at the 2022 level in order to continue with
successful efforts to eradicate this pest. If left untreated,
this pest could spread, affecting other crops.
Plant Biostimulants.--Within the funding available, APHIS
is requested to work with other agencies and stakeholders to
develop and implement the recommendations set forth in the
report submitted pursuant to section 10111 of the Agricultural
Improvement Act of 2018.
Scrapie Eradication Program.--The Committee maintains
funding at the 2022 level for the National Scrapie Eradication
Program.
Spotted Lanternfly.--The Committee continues to be
concerned about the recent Spotted Lanternfly outbreak and
provides an increase of $1,000,000 to support efforts in
combatting this pest. The Committee requests that APHIS keeps
it apprised of the program's strategy and progress.
Swine Health Improvement Program.--The Committee notes that
the Department announced in 2020 the establishment of a joint
Federal, State, and industry project to develop a certification
program for high-consequence swine diseases. Given the outbreak
of African Swine Fever in the Hispaniola region, the Committee
recognizes the importance of reassuring foreign trading
partners of the status of the American swine herd's health and
the measures the American swine industry has taken to prevent
an introduction of African swine fever and classical swine
fever. The Committee encourages the Department to continue
advancing the work of the Swine Health Improvement Program.
Tallow Tree.--The Committee urges APHIS to carefully
consider the effects on pollinators and beekeepers that may be
associated with the release of Bikasha collaris and Gadirtha
fusca for biological control of Chinese Tallow. APHIS should
only proceed with approval of such releases in the event it can
determine they will not adversely affect pollinators and the
beekeeping industry.
Wildlife Services.--The Committee is aware that APHIS has
worked with landowners to deploy nonlethal strategies. APHIS is
directed to continue to implement and prioritize nonlethal
strategies by: (1) promoting and, where appropriate,
implementing nonlethal livestock-predator conflict reduction
and mitigation techniques; husbandry practices, night
corralling, shed lambing, attractant and carcass removal,
livestock herding, and human presence; (2) providing training
in selection, implementation, monitoring and adaptation of
nonlethal techniques for agricultural producers, landowners,
federal and state agency personnel, and others; and (3)
collaborating with the National Wildlife Research Center to
advance and improve nonlethal predator coexistence methods,
research on monitoring methods for efficacy of nonlethal
control methods implemented to reduce predation, and establish
clear documentation protocols for nonlethal approaches
implemented in advance of lethal control measures where
applicable. The Committee provides no less than $4,550,000 for
these activities in fiscal year 2023.
Within these funds, APHIS should expand, develop, and
implement nonlethal methods with a focus on reducing human-
wildlife conflicts related to predators and beavers in the
Western Region and Great Lakes states.
The Committee requests an annual report documenting all
work on nonlethal strategies development and progress in this
area, and detailing how funds were dispersed, including
regional distribution, wild and domestic species impacted,
number and size of livestock/agricultural operations impacted,
and nonlethal tools and methods implemented and supported.
Within the amount provided for Wildlife Services, the
Committee requests that APHIS work with States and other
partners to ensure an equitable cost sharing framework to allow
Wildlife Services to manage human-wildlife conflicts more
effectively.
The Committee directs APHIS to spend no less than the
fiscal year 2020 level for predator control in the protection
of sheep and goats.
BUILDINGS AND FACILITIES
2022 appropriation.................................... $3,175,000
2023 budget estimate.................................. 3,175,000
Provided in the bill.................................. 3,175,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ - - -
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
2022 appropriation.................................... $226,657,000
2023 budget estimate.................................. 232,960,000
Provided in the bill.................................. 242,913,000
Comparison:
2022 appropriation.................................. +16,256,000
2023 budget estimate................................ +9,953,000
COMMITTEE PROVISIONS
For Marketing Services of the Agricultural Marketing
Service (AMS), the Committee provides an appropriation of
$242,913,000. This includes a total increase of $4,756,000 for
pay as requested in the budget.
In addition, the Committee provides increases for the
following programs: $2,000,000 for the National Organic
Standards program; $500,000 for the Acer Access and Development
Program; and $5,000,000 for the Packers and Stockyards Act
program. The Committee provides $10,000,000 for the Micro-
Grants for Food Security Program, an increase of $5,000,000
over 2022.
The bill also includes $7,400,000 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 $20,400,000 for
LAMP. This amount is in addition to $50,000,000 of mandatory
funds available in fiscal year 2023. The Committee also notes
that as part of the American Rescue Plan Act, $130,000,000 is
available to augment the Local Food Promotion Program and the
Regional Food Systems Partnership Grant Program in fiscal years
2022 and 2023.
The Committee continues funding for the Dairy Business
Innovation Initiatives in this account at $25,000,000. The
Committee encourages AMS to work with the established
initiatives to enhance cooperation with land-grant and minority
serving institutions and provide support to small, minority-
owned, socially-disadvantaged producers, processors, or
distributors. AMS shall report back to the Committee on the
status of these efforts within 60 days of enactment of the Act.
Antitrust.--The Committee provides an increase of
$5,000,000 for the Packers and Stockyards Program to fund
authorized top priority needs. The Committee recognizes that
consolidation in agribusiness can be detrimental to farmers,
consumers, workers and the environment. The Committee considers
enforcement of the Packers and Stockyards Act a top priority
and directs the Department to continue enforcing the Act to the
fullest extent of the law. Further, the Committee urges AMS and
other agencies and mission areas to fully incorporate fair and
competitive markets priorities across relevant programs and
operations.
National Organic Program (NOP).--Within the funding
provided, AMS is urged to focus on standards development and
addressing the backlog of National Organic Standards Board
recommendations. The Committee requests that the budget request
for NOP include details on key expenditures such as compliance
and enforcement activities and standards development. The
request should also include a breakdown of expenditures and
status of the $5 million in mandatory funding provided by the
2018 farm bill for NOP technology upgrades.
To maximize the climate benefits of organic agriculture,
the Committee urges the NOP to increase enforcement efforts to
ensure full compliance with the soil health and pasture
requirements of USDA organic standards.
Product of the USA Labeling.--The Committee notes the
importance of accurate labeling as to country of origin of meat
products for consumers and strongly urges the Department to
initiate the rulemaking process to revise current labeling to
ensure products labeled as ``Made in the USA'' or ``Product of
the USA'', in fact, meet consumer expectations.
LIMITATION ON ADMINISTRATIVE EXPENSES
2022 limitation....................................... ($61,786,000)
2023 budget limitation................................ (62,596,000)
Provided in the bill.................................. (62,596,000)
Comparison:
2022 limitation..................................... (+810,000)
2023 budget limitation.............................. - - -
COMMITTEE PROVISIONS
The Committee provides a limitation of $62,596,000 on
Administrative Expenses of the Agricultural Marketing Service.
Cotton Classing.--The Committee provides $4,000,000 and
acknowledges the challenges presented during the 2021 cotton
season such as extensive delays in quality designation,
contract delivery, and loan repayments. The Committee
encourages AMS to continue working with producers to secure
stability and dependability of the cotton classification
program to timely and accurately process numerous samples of
cotton bales with less reliance on seasonal staff and less
disruption of market opportunities.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... ($20,817,000)
2023 budget estimate.................................. (21,501,000)
Provided in the bill.................................. (21,501,000)
Comparison:
2022 appropriation.................................. (+684,000)
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Marketing Agreements and Orders Program, the
Committee provides a transfer from Section 32 funds of
$21,501,000.
The following table reflects the status of this fund:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD--FISCAL YEARS P2022-2023
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
FY 2022 FY 2023 Committee
enacted estimate provision
----------------------------------------------------------------------------------------------------------------
Appropriation (30% of Customs Receipts)......................... $21,685,752 $27,123,378 $27,123,378
Less Transfers:
Food and Nutrition Service.................................. -19,968,083 -25,199,767 -25,199,767
Commerce Department......................................... -253,669 -362,611 -362,611
-----------------------------------------------
Total, Transfers........................................ -20,221,752 -25,562,378 -25,562,378
Budget Authority, Farm Bill..................................... 1,464,000 1,561,000 1,561,000
Appropriations Temporarily Reduce--Sequestration............ 72,789 -77,691 -77,691
-----------------------------------------------
Budget Authority, Appropriations Act.................... 1,391,211 1,483,309 1,483,309
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........................... 187,000 198,000 198,000
Estimated Future Needs...................................... 443,084 523,130 523,130
-----------------------------------------------
Total, Commodity Procurement............................ 1,333,584 1,424,630 1,424,630
Administrative Funds:
Commodity Purchase Support.................................. 36,810 37,178 37,178
Marketing Agreements and Orders............................. 20,817 21,501 21,501
-----------------------------------------------
Total, Administrative Funds............................. 57,627 58,679 58,679
-----------------------------------------------
Total Obligations........................................... $1,391,211 $1,483,309 $1,483,309
----------------------------------------------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
2022 appropriation.................................... $1,235,000
2023 budget estimate.................................. 1,235,000
Provided in the bill.................................. 1,235,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For Payments to States and Possessions, the Committee
provides an appropriation of $1,235,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
2022 limitation....................................... ($55,000,000)
2023 budget limitation................................ (55,000,000)
Provided in the bill.................................. (55,000,000)
Comparison:
2022 limitation..................................... - - -
2023 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
2022 appropriation.................................... $1,077,000
2023 budget estimate.................................. 1,176,000
Provided in the bill.................................. 1,117,000
Comparison:
2022 appropriation.................................. +40,000
2023 budget estimate................................ -59,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food Safety, the
Committee provides an appropriation of $1,177,000.
FOOD SAFETY AND INSPECTION SERVICE
2022 appropriation.................................... $1,108,664,000
2023 budget estimate.................................. 1,226,148,000
Provided in the bill.................................. 1,180,364,000
Comparison:
2022 appropriation.................................. +71,700,000
2023 budget estimate................................ -45,784,000
COMMITTEE PROVISIONS
For the Food Safety and Inspection Service (FSIS), the
Committee provides an appropriation of $1,180,364,000. This
amount includes $25,000,000 for reducing User Fees for Small
and Very Small establishments; $5,000,000 for Information
Technology modernization investments; $2,800,000 for
recruitment and retention of Public Health Veterinarians; and
$1,000,000 for the inspection of wild caught invasive species
in the order siluriformes and family Ictaluridae. In addition,
$29,700,000 is provided in Title VII of the bill for the final
costs of the Goodfellow move.
The following table reflects the Committee's
recommendations for fiscal year 2023:
FOOD SAFETY AND INSPECTION SERVICE
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal Inspection.................................... $1,057,778
Public Health Data Communication Infrastructure System 35,272
International Food Safety and Inspection.............. 18,997
State Food Safety and Inspection...................... 68,317
-----------------
Total, Food Safety and Inspection Service......... $1,180,364
------------------------------------------------------------------------
Good Commercial Practices.--The Committee recognizes that
the handling of birds at slaughter according to Good Commercial
Practices (GCP) improves quality and reduces the occurrence of
adulterated poultry products in the marketplace. The Committee
directs the Department to brief the Committees on documented
instances where establishments lost control of their processes
for handling birds, and consequently were not operating in
accordance with GCPs, no later than 180 days after the date of
enactment of this Act.
Humane Methods of Slaughter.--FSIS shall ensure that all
inspection personnel conducting humane handling verification
procedures receive robust initial training and periodic
refresher training on the FSIS humane handling and slaughter
regulations and directives. This includes handling of non-
ambulatory disabled animals, as well as proper use of the
Humane Activities Tracking System to ensure humane handling of
animals as they arrive and are offloaded and handled in ante-
mortem holding pens, suspect pens, chutes, stunning areas, and
on the slaughter line. The Committee directs the agency to
continue preparation and online publication of the Humane
Handling Quarterly Reports, to include: (1) the number of
humane handling verification procedures performed, (2) the
number of administrative enforcement actions taken, (3) the
time spent on Humane Handling Activities Tracking System
activities, and (4) comparisons of these measurements by plant
size and FSIS district.
Inspection Processes.--The Committee includes $500,000 for
FSIS to provide a report within 90 days of enactment of this
Act on how the agency may establish a process for seafood
facilities that process multiple species, including wild-
caught, invasive blue catfish, to seek a waiver from FSIS
inspection requirements to process seafood according to their
seafood HACCP plan as required by the FDA. The report should
include any barriers and challenges these processors encounter
under the FSIS program.
Invasive Species.--The Committee encourages the FSIS to
work with other agencies, and stakeholders to better market
food offered for sale that is the product of a wild caught,
invasive species such as Northern Snakehead or Blue Catfish.
Labeling Claims.--The Committee is concerned that the
agency's process for verifying and approving animal raising and
sustainability claims on meat and poultry product labels has
led to consumer confusion and allowed unfair practices to
proliferate. As a result, there can potentially be wide gaps
between actual on-farm practices and consumer expectations for
what the animal-raising claims convey. FSIS is responsible for
ensuring that meat and poultry products are accurately labeled,
and pre-approves these claims. FSIS most recently updated its
guidance document on animal raising and sustainability claims
in 2019, and the Committee encourage the agency to reevaluate
these guideline--in particular for the most widely used animal
raising and sustainability claim--with the goal of
strengthening the verification methods. The agency is
encouraged to work closely with the AMS to make sure that label
claims submitted as part as AMS's ``Process Verified Program''
align closely with the FSIS guidance document. The Committee
encourages the agency to make reforms to the approval system
that will ensure that such claims are meaningful and reflect
consumer expectations. This will reduce consumer confusion and
promote fairness and competition amongst producers of meat,
poultry, and egg products.
Salmonella.--The Committee recognizes the Department's
commitment to reduce illnesses attributable to Salmonella in
poultry and urges FSIS to adopt enforceable, science-based
product standards aimed at reducing illness by focusing on the
Salmonella most likely to cause illness and addressing
Salmonella contamination before birds enter the slaughter
facility. Not later than 180 days after enactment FSIS shall
report to the Committees on reforms under its Salmonella
initiative.
Workplace Hazards.--The Committee is concerned about the
implementation and renegotiation of the 1994 Memorandum of
Understanding (MOU) between the U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) and FSIS
towards establishing a process for FSIS inspection personnel to
be trained to recognize and report serious workplace hazards.
The Committee requests a status update on implementation status
of this renegotiated MOU 90 days following enactment of the
bill.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
2022 appropriation.................................... $1,687,000
2023 budget estimate.................................. 1,792,000
Provided in the bill.................................. 1,727,000
Comparison:
2022 appropriation.................................. +40,000
2023 budget estimate................................ -65,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Farm Production
and Conservation (FPAC), the Committee provides an
appropriation of $1,727,000.
Agritourism.--The Committee notes the growth of the
agritourism industry and the importance of agritourism in
supporting local economies, diversifying revenue sources for
farmers, providing educational opportunities to kids and
families, and maintaining the rural character of agricultural
communities. The Committee looks forward to the Department's
updated agritourism resource manual and Agriculture Census
follow-on study regarding agritourism as directed in House
Report 117-82.
Cage-Free Housing Conversion.--The committee recognizes
that the cage-free and gestation crate-free market is rapidly
expanding due to demand by consumers and food corporations. In
addition, a growing number of state laws are requiring farmers
to convert to cage-free facilities. The Committee strongly
encourages the Secretary to review this information and
consider helping producers meet these economic opportunities by
providing financial assistance for the conversion to cage-free
and gestation crate-free housing.
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.
Small Meatpackers.--The Committee recognizes small and
rural meat processors need capital availability to establish or
expand services to meet local needs. The Committee looks
forward to reviewing USDA's evaluation of small and rural meat
processor needs and recommendations for providing capital to
support small meat processors, as requested in House Report
117-82.
Farm Production And Conservation Business Center
SALARIES AND EXPENSES
2022 appropriation.................................... $238,177,000
2023 budget estimate.................................. 261,783,000
Provided in the bill.................................. 257,684,000
Comparison:
2022 appropriation.................................. +19,507,000
2023 budget estimate................................ -4,099,000
COMMITTEE PROVISIONS
For the Farm Production and Conservation Business Center,
the Committee provides an appropriation of $257,684,000.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Transfer from
Appropriation program accounts Total, FSA S&E
----------------------------------------------------------------------------------------------------------------
2022 appropriation..................................... 1,173,070,000 (294,114,000) 1,467,184,000
2023 budget estimate................................... 1,231,697,000 (305,803,000) 1,537,500,000
Provided in the bill................................... 1,229,396,000 (305,803,000) 1,535,199,000
Comparison:
2022 appropriation................................. +56,326,000 +11,689 +68,015,000
2023 budget estimate............................... -2,301,000 - - - -2,301,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For Salaries and Expenses of the Farm Service Agency (FSA),
the Committee provides an appropriation of $1,229,396,000 and
transfers of $305,803,000 for a total program level of
$1,535,199,000.
Farmers.gov.--The Committee directs USDA to continue to
drive implementation and expansion of the Farmers.gov
application, a single portal built around the needs of farmers,
to enable USDA employees and USDA customers and producers to
view their information, complete transactions and quickly
review the status, submit applications for FPAC programs, and
receive program payments for all USDA farm programs including,
but not limited to, loans, conservation, disaster, dairy, or
other programs. All farm programs which require direct
application from the farmer, rancher, or producer should be
considered for expansion of the Farmers.gov application and
functions.
PFAS-contaminated farmland.--The Committee encourages FSA
and NRCS to explore using the Conservation Reserve Program to
enroll PFAS-contaminated farmland that may not be suitable for
further agricultural production. Additionally, the Committee is
aware that PFAS contamination can cause significant financial
distress for farmers and encourages FSA to explore
flexibilities for impacted borrowers to defer, restructure, or
forgive their debt as appropriate. The Committee requests that
FSA work to avoid PFAS indemnity payments being diverted to
repay FSA liens instead of helping to replace a farmer's lost
income.
Small Farmer Specialists.--The Committee recognizes COVID-
19, climate change, and trade wars/agreements have impeded
small farmer growth. The Committee remains concerned that a
majority of financial and technical assistance goes to larger
farmers and encourages USDA to hire dedicated regionally
focused small farmer specialists that can enhance outreach and
assistance to small farmers on federal programs, conservation
practices, contract opportunities, and other valuable issues to
help our small farmers regain their economic footing.
Staffing.--The Committee is concerned about FSA's ability
to attract and retain field staff to do FSA's critical work in
rural communities. The Committee is also concerned that local
FSA offices are often tasked with implementing new programs
with little notice. The Committee directs the Secretary to
report on a plan to address retention and communication between
FSA offices and the national office. Additionally, the
committee encourages FSA to factor in administration of
disaster assistance programming when contemplating additional
staffing resources needed to successfully carry out its
mission.
STATE MEDIATION GRANTS
2022 appropriation.................................... $7,000,000
2023 budget estimate.................................. 6,914,000
Provided in the bill.................................. 7,000,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ +86,000
COMMITTEE PROVISIONS
For State Mediation Grants, the Committee provides an
appropriation of $7,000,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
2022 appropriation.................................... $6,500,000
2023 budget estimate.................................. 6,500,000
Provided in the bill.................................. 6,500,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Grassroots Source Water Protection Program, the
Committee provides an appropriation of $6,500,000.
GEOGRPAHICALLY DISADVANTAGED FARMERS
2022 appropriation.................................... $3,000,000
2023 budget estimate.................................. - - -
Provided in the bill.................................. 3,000,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ +3,000,000
COMMITTEE PROVISIONS
The Committee provides $3,000,000 for the Reimbursement
Transportation Cost Payment Program for Geographically
Disadvantaged Farmers and Ranchers.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
2022 appropriation.................................... $500,000
2023 budget estimate.................................. 500,000
Provided in the bill.................................. 500,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Dairy Indemnity Program (DIPP), the Committee
provides an appropriation of such sums as may be necessary
(estimated to be $500,000 in the President's fiscal year 2023
budget request).
PFAS chemicals.--The Committee is aware that some dairy
farms are unable to sell their milk as a result of
contamination from a family of synthetic chemicals,
collectively known as ``PFAS'' chemicals. The Committee notes
USDA updated the DIPP to provide additional options to dairy
producers impacted by PFAS contamination, and looks forward to
continuing to work with USDA, other state and Federal partners,
and producers to mitigate the impacts of PFAS.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
ESTIMATED LOAN LEVELS
2022 loan level....................................... $10,385,908,000
2023 budget estimate.................................. 10,652,312,000
Provided in the bill.................................. 10,652,312,000
Comparison:
2022 loan level..................................... +266,404,000
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Agricultural Credit Insurance Fund program account,
the Committee provides a loan level of $10,652,312,000.
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 2022 enacted FY 2023 estimate provision
----------------------------------------------------------------------------------------------------------------
Farm Loan Programs:
Farm Ownership:
Direct................................................ $2,800,000 $3,100,000 $3,100,000
Unsubsidized Guaranteed............................... 3,500,000 3,500,000 3,500,000
Farm Operating:
Direct................................................ 1,633,333 1,633,333 1,633,333
Unsubsidized Guaranteed............................... 2,118,482 2,118,491 2,118,491
Emergency Loans........................................... 37,668 4,062 4,062
Indian Tribe Land Acquisition Loans....................... 20,000 20,000 20,000
Conservation Loans:
Unsubsidized Guaranteed............................... 150,000 150,000 150,000
Indian Highly Fractionated Land........................... 5,000 5,000 5,000
Boll Weevil Eradication................................... 60,000 60,000 60,000
Relending Program......................................... 61,425 61,426 61,426
-----------------------------------------------------
Total............................................. 10,385,908 10,652,312 10,652,312
----------------------------------------------------------------------------------------------------------------
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Direct Loan Guaranteed Loan Administrative
Subsidy Subsidy expenses
----------------------------------------------------------------------------------------------------------------
2022 appropriation........................................ $40,017 $16,524 $314,772
2023 budget estimate...................................... 23,520 11,228 326,461
Provided in the bill...................................... 23,520 11,228 326,461
Comparison:
2022 appropriation...................................... -16,497 -5,296 +11,689
2023 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 2022 enacted FY 2023 estimate provision
----------------------------------------------------------------------------------------------------------------
Farm Loan Subsidies:
Farm Operating:
Direct................................................ $40,017 $23,520 $23,520
Unsubsidized Guaranteed............................... 16,524 11,228 11,228
Emergency Loans........................................... 267 249 249
Indian Highly Fractionated Land........................... 407 894 894
Relending Program......................................... 5,000 10,983 10,983
-----------------------------------------------------
Total............................................. 62,215 46,874 46,874
ACIF Expenses:
FSA Salaries and Expenses............................. 294,114 305,803 305,803
Program Administrative Expenses....................... 20,658 20,658 20,658
-----------------------------------------------------
Total, ACIF Expenses.............................. $376,987 $373,335 $373,335
----------------------------------------------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
2022 appropriation.................................... $62,707,000
2023 budget estimate.................................. 75,443,000
Provided in the bill.................................. 75,443,000
Comparison:
2022 appropriation.................................. +12,736,000
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Risk Management Agency, the Committee provides an
appropriation of $75,443,000.
The Committee fully funds the Administration's request,
which includes $2,000,000 for additional resources to address
climate change, $2,548,000 to enhance staffing to support RMA
initiatives, and $7,000,000 for product development and
outreach and for the Compliance Data Warehouse.
Administrative and Operating Expenses.--The Committee is
aware that due to current historically higher prices for some
commodities, the Administrative and Operating expense subsidy
for specialty crop policies has been factored lower for the
2021 reinsurance year and is also expected for the 2022
reinsurance year. The Committee encourages RMA to continue
engagement with the crop insurance industry on this issue. The
Committee further directs RMA to jointly brief the Committees
on Appropriations and the Committees on Agriculture of both
Houses of Congress on this issue.
Alfalfa.--The Committee recognizes alfalfa to be an
important domestic forage crop valued for nitrogen fixation,
soil conservation, crop rotation, and as a natural habitat.
From 2002 through 2021, alfalfa acreage has declined 33.4
percent. The Committee encourages RMA to explore the creation
of a revenue and/or quality alfalfa crop insurance policy to
ensure producers have a safety net that they need to produce
this important crop.
Crop Insurance.--The committee recognizes RMA recently
issued ``UPDATED Coarse Grains Crop Provisions FAD-294'' to
further explain and clarify agency rules related to the
insurability of corn.
Pandemic Cover Crop Program.--The Committee recognizes the
Pandemic Cover Crop Program helps producers maintain their
cover crop systems amid a financially challenging time because
of the COVID-19 pandemic, and that it encourages an important
conservation practice. The Committee directs the Department to
continue supporting producers through the Pandemic Cover Crop
Program, in conjunction with other pandemic assistance
programs, using available resources as producers continue to
manage pandemic and supply chain disruptions.
Rainfall Index Program.--The Committee recognizes the
unique geographic, geological, and atmospheric characteristics
of U.S. non-contiguous states and territories when developing
insurance products for pasture, rangeland, and forage (PRF)
areas. The Committee further recognizes that NOAA's Climate
Prediction Center provides the data for the Rainfall Index
Program, but has limited data for Alaska, Hawaii, and the U.S.
Territories. The Committee encourages RMA to continue to look
for potential alternative data sources for these regions and to
examine the feasibility of a rainfall index program for U.S.
non-contiguous states and Territories that protects against
yield losses caused by low precipitation for PRF areas.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
2022 appropriation.................................... $904,396,000
2023 budget estimate.................................. 1,001,101,000
Provided in the bill.................................. 1,023,777,000
Comparison:
2022 appropriation.................................. +119,381,000
2023 budget estimate................................ +22,676,000
COMMITTEE PROVISIONS
For Conservation Operations, the Committee provides an
appropriation of $1,023,777,000. The Committee provides
$16,751,000 for the Snow Survey and Water Forecasting Program;
$10,747,000 for the Plant Materials Centers, of which
$1,000,000 is for climate smart agriculture; and $86,560,000
for the Soil Surveys Program. The Committee provides
$883,746,000 for Conservation Technical Assistance, which
includes $50,000,000 for equity conservation cooperative
agreement and $25,000,000 for climate smart agriculture, and
$1,000,000 is for Phragmite control. The Committee provides
$3,000,000 for a cost-share program for the construction and
repair of perimeter fencing.
The Committee specifies the following projects and amounts
to be funded in fiscal year 2023.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Alfalfa Conservation Utilization.--The Committee recognizes
alfalfa as a climate smart commodity with an exceptional
capacity for carbon sequestration and decreased reliance on
synthetic nitrogen fertilizers. The Committee urges the
Secretary to incentivize the use and integration of alfalfa in
NRCS programs to capitalize on the unique environmental and
conservation benefits it brings to the agricultural landscape.
Chesapeake Bay States' Partnership Initiative.--The
committee recognizes the important role of voluntary
conservation practices in protecting and restoring waterways,
especially when deployed at scale. To enhance the resiliency of
farmland and reduce nutrient and sediment pollution in line
with the most recent Chesapeake Bay Watershed Agreement, the
Department created the Chesapeake Bay States' Partnership
Initiative. The Committee supports the Department's creation of
this Initiative and directs the Department to leverage
additional conservation resources for agricultural producers in
the Chesapeake Bay watershed. The Committee additionally urges
the Department to target additional Conservation Technical
Assistance funds in the most effective basin areas of the
watershed.
Community Compost and Food Waste Reduction Projects.--The
Committee strongly supports and directs funding toward the
Community Compost and Food Waste Reduction Projects.
Conservation Programs timeline.--The Committee recognizes
the importance of NRCS's conservation programs and their
positive impact on water and soil quality. The Committee also
recognizes these programs must consist of realistic timelines
and outcomes as identified by the farmers using them. The
Committee encourages NRCS to review all conservation programs
to ensure their timelines related to conservation planning and
program delivery meet legislatively mandated timelines to
support farmers to develop their practices and fulfill the
mission of the programs and report back on its findings and
efforts to improve program funding timelines.
Conservation Stewardship Program (CSP) Bundles.--The
Committee recognizes the important role the agriculture sector
can play in the effort to mitigate the impacts of global
climate change and understands CSP is well-positioned to
enhance support for agricultural practices and systems with the
greatest climate change adaptation and mitigation potential.
The Committee encourages NRCS to create climate change
mitigation bundles within CSP, as recommended in the Select
Committee on the Climate Crisis June 2020 report. Climate
change mitigation bundles should include practices that reduce
agricultural greenhouse gas emissions, such as improved
nutrient management, and practices that increase carbon
sequestration and improve soil health, such as using cover
crops, conservation tillage, diverse and resource conserving
crop rotations, and advanced grazing management. Given the wide
geographic variations in climate, rainfall, soil, and
topography, the bundles should be region specific and provide
flexibility, allowing bundles to be tailored to the needs and
conditions of each operation.
Critical Conservation Areas (CCAs).--The Committee supports
CCAs 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
CCAs to address conservation planning backlogs.
Driftless Area Landscape Conservation Initiative.--The
Committee recognizes the environmental and economic benefits of
the Driftless Area Landscape Conservation Initiative, which
expired in 2017. The Committee supports the revitalization of
this program to educate landowners and operators on the
benefits of climate-smart agriculture, soil health, and
holistic grazing, with a focus on equity.
Environment-based Flood Mitigation Measures.--The Committee
recognizes that environment-based mitigation measures such as
the creation of wetlands, conservation easements, and natural
flood plains to slow the flow rate of rivers, creeks, and
streams, are innovative tools to mitigate the severity of
future floods in the Great Lakes Bay Region. These measures
also support a variety of environmental and conservation
benefits including erosion control, species habitat, and
improved air and water quality. The Committee urges the
Department to participate and coordinate as an essential
federal stakeholder with EPA, FEMA, NOAA, and U.S. Army Corps
of Engineers, as well as state, local, and tribal governments,
and business and non-profit stakeholders, on developing and
supporting conservation and environment-based flood mitigation
measures to reduce the impact of floods on communities, lives,
and livelihoods within the Tittabawassee River Watershed in the
Great Lakes Bay Region.
Farmer Mentorship Program for Watershed.--The Committee is
concerned about soil and water quality near watersheds such as
the Great Lakes Basin, Salton Sea, Lake Okeechobee, and the
Chesapeake Bay. The Committee recognizes that farmers may be
unaware of possible or necessary conservations efforts that
currently exist to improve the soil and water quality. The
Committee encourages NRCS to leverage its recently created CAMP
mentoring effort to enhance outreach efforts with dedicated
farmers in watersheds with conservation expertise to work with
interested farmers who would like to learn how to implement
improved conservation practices for water and soil in their
operations.
Feral Hogs.--The Committee is concerned that the feral hog
population is rapidly expanding despite efforts to constrain
their spread. To help prevent further damages to agriculture
and urban lands, the Committee provides NRCS $3,000,000 for a
cost-share program for the construction and repair of perimeter
fencing. The Committee encourages NRCS, in conjunction with
state soil and water conservation agencies, to develop a
strategy to exclude feral hogs from agricultural and urban
areas at risk of damage from localized feral hog populations
with lessons learned from the existing Feral Hog Eradication
Pilot Program.
Firebreaks and Fuel Breaks.--The Committee recognizes that
firebreaks and fuel breaks are efficient conservation measures
that can be implemented by landowners to reduce the risk or
intensity of wildfires and help firefighters by creating
defensible areas. The Committee encourages NRCS to promote and
provide assistance to design and construct firebreaks and fuel
breaks in areas and communities under heightened risk of
woodland fires.
Grazing Lands Conservation.--The Committee recognizes the
importance of collaborative technical assistance to help
producers effectively manage grazing lands to protect water
quality, improve soil health, sequester carbon in the soil, and
increase resilience and producer profitability. The Committee
directs NRCS to continuing supporting partnerships that provide
grazing lands conservation technical services such as grazing
planning, workshops and demonstrations, peer-to-peer education,
workforce training, and producer outreach, including support
for partnerships that address unique needs at the local, state,
and regional level.
Harmful Algal Blooms (HABs).--The Committee strongly
supports and directs funding to NRCS's ongoing work to reduce
nutrient loading from agricultural sources that can contribute
to the growth of harmful algal blooms. 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 and nitrogen from
agricultural land uses. Conservation planning should prioritize
fields or riparian areas with the highest risk of elevated
phosphorus and/or nitrogen losses. The Committee encourages
NRCS to use interagency agreements and cooperative agreements
focused on innovative phosphorus or nitrogen removal strategies
where agricultural runoff has contributed nutrients to a
waterbody. Such work shall be conducted in consultation with
the National Institute for Food and Agriculture and the
Agricultural Research Service.
Lake Erie Basin.--The Committee is aware the Western Lake
Erie Basin Initiative (WLEB) is vital to researching and
conserving one of our country's precious freshwater sources,
Lake Erie. Increased levels of harmful algal blooms continue to
plague the Lake due to shallow depths, increased phosphorus
levels, and other contributing factors. The Committee
encourages NRCS to work with locally engaged academic
institutions that have worked on WLEB concerns and to review
the work done by these academic institutions along with the
Federal and State agencies that have responsibility for
tracking lake water quality.
Mississippi River Basin (MRB).--The Committee directs the
Secretary to maintain the priority status of the MRB as a
Critical Conservation Area (CCA) under the Department's
Regional Conservation Partnership Program (RCPP) and continue
its emphasis on reducing nutrient loss and runoff reduction as
a Priority Resource Concern for this CCA. The Committee further
affirms the congruence of these priorities for the RCPP with
the goals and outcomes of the Action Plan for Reducing Hypoxia
in the Gulf of Mexico, and recognizes that the RCPP MRB CCA
includes the Ohio River Basin States in proximity to the
confluence of that river with the Mississippi River, which also
reflects their participation in the Gulf Hypoxia Action Plan,
and that these States are priority areas for the RCPP under the
program's funding pools for the CCA, States, and Multi-States
in these basins.
PFAS Soil Testing.--The Committee understands that soil
testing for PFAS can be prohibitively expensive, and encourages
NRCS to utilize existing conservation practice standards for
soil testing to assist producers in managing these costs.
Phragmites.--The Committee is concerned about the damage
caused by phragmites in the Chesapeake Bay and provides $1
million from within the funds provided and directs NRCS to work
with relevant state agencies to provide funding and technical
assistance to control phragmites in the Chesapeake Bay
Watershed.
Pollinator Seed Mixes.--The Committee encourages NRCS to
provide support to producers through the development of
affordable, regionally appropriate pollinator seed mixes that
avoid attracting crop pests.
Regenerative Agriculture.--Regenerative agriculture
practices stand to help farmers while addressing the multiple
challenges our nation faces in climate change, land degradation
and risk, biodiversity, water security, and food access. The
Committee recognizes the role of programs like the
Environmental Quality Incentives Program and Conservation
Innovation Grants in providing financial assistance to farms
interested in improving soil health. NRCS is encouraged to
continue supporting farmers that embrace regenerative
agriculture practices, including continued investments in soil
health demonstration projects.
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.
WATERSHED AND FLOOD PREVENTION OPERATIONS
2022 appropriation.................................... $100,000,000
2023 budget estimate.................................. 125,000,000
Provided in the bill.................................. 95,000,000
Comparison:
2022 appropriation.................................. -5,000,000
2023 budget estimate................................ -30,000,000
COMMITTEE PROVISIONS
For the Watershed and Flood Prevention Operations (WFPO),
the Committee provides an appropriation of $95,000,000.
Project Delays.--The Committee is concerned about delays
with some WFPO projects and the impact such delays have on
local communities. NRCS is urged to balance the needs of
addressing the project backlog, remediation of existing
structure, and new projects by prioritizing those projects that
mitigate the greatest flood risks to public safety.
WATERSHED REHABILITATION PROGRAM
2022 appropriation.................................... $1,000,000
2023 budget estimate.................................. 10,000,000
Provided in the bill.................................. 5,000,000
Comparison:
2022 appropriation.................................. +4,000,000
2023 budget estimate................................ -5,000,000
COMMITTEE PROVISIONS
For the Watershed Rehabilitation Program, the Committee
provides an appropriation of $5,000,000.
HEALTHY FOREST RESERVE PROGRAM
2022 appropriation.................................... - - -
2023 budget estimate.................................. $20,000,000
Provided in the bill.................................. 10,000,000
Comparison:
2022 appropriation.................................. +10,000,000
2023 budget estimate................................ -10,000,000
COMMITTEE PROVISIONS
For the Healthy Forests Reserve Program under the Healthy
Forests Restoration Act, the Committee provides $10,000,000.
URBAN AGRICULTURE AND INNOVATIVE PRODUCTION
2022 appropriation.................................... - - -
2023 budget estimate.................................. $13,469,000
Provided in the bill.................................. 13,500,000
Comparison:
2022 appropriation.................................. +13,500,000
2023 budget estimate................................ +31,000
COMMITTEE PROVISIONS
For the Urban Agriculture and Innovative Production
program, the Committee provides $13,500,000.
Farmers' Markets.--The Committee recognizes the importance
of Farmers' Markets in urban and rural food deserts. Farmers'
Markets are vehicles that allow local farmers to provide
healthy foods to low-income communities and can serve as a
centerpiece for planning and local economies. The Committee
encourages the Office of Urban Agriculture and Innovative
Production to collaborate with AMS to create funding
opportunities through the Farmers Market and Local Food
Promotion Program and the Specialty Crop Block Grant Program to
develop or improve farmers' markets and their ability to access
local community markets.
Outreach and Innovation.--The Committee acknowledges the
need for expanded research in support of urban agriculture in
food insecure communities. 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. The Committee directs NRCS to maintain
grants to support urban agriculture outreach and innovation.
Vertical Farming.--The Committee is aware of the growing
vertical farming industry and other emerging technologies that
could help increase food production and expand agricultural
operations. The Committee encourages the Office of Urban
Agriculture to engage with appropriate USDA agencies to explore
opportunities to support and scale vertical farming.
CORPORATIONS
Federal Crop Insurance Corporation Fund
2022 appropriation.................................... $12,281,000,000
2023 budget estimate.................................. 13,243,000,000
Provided in the bill.................................. 13,243,000,000
Comparison:
2022 appropriation.................................. +962,000,000
2023 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 $13,243,000,000 in the President's
fiscal year 2023 budget request).
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $14,401,896,000
2023 budget estimate.................................. 13,571,261,000
Provided in the bill.................................. 13,571,261,000
Comparison:
2022 appropriation.................................. -830,635,000
2023 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 $13,571,261,000 in
the President's fiscal year 2023 budget request).
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
2023 limitation....................................... ($15,000,000)
2023 budget estimate.................................. (15,000,000)
Provided in the bill.................................. (15,000,000)
Comparison:
2022 limitation..................................... - - -
2023 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
2022 appropriation.................................... $1,580,000
2023 budget estimate.................................. 1,679,000
Provided in the bill.................................. 1,620,000
Comparison:
2022 appropriation.................................. +40,000
2023 budget estimate................................ -59,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Rural
Development, the Committee provides an appropriation of
$1,620,000.
Cellular Service.--The Committee acknowledges certain rural
areas lack access to strong or reliable cellular service and
notes that robust rural cellular coverage is necessary for
individuals to contact emergency services, engage in precision
agriculture and participate in a wide range of day-to-day
activities. The Committee encourages the Department to examine
potential pathways to expand cellular coverage to unserved
rural areas through existing programs and provide the Committee
with an update on whether such pathways exist.
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.
Climate Resilience.--The Committee encourages Rural
Development to work with USDA's Climate Hubs to optimize
opportunities to provide technical and financial assistance to
distressed rural and tribal communities to support climate
resilience activities and protect rural economies from
increased risk and vulnerabilities from climate change.
Colonias Definition.--The Committee urges the Department to
reconsider the definition of colonias, so that colonias
communities with higher population density but low incomes and
substandard living conditions may be eligible for certain USDA
programs that require a rural designation.
Colonias and Farmworker Communities.--The Committee
recognizes the challenges facing colonias and farmworker
communities and urges the Department to work with other Federal
agencies to identify best practices and other ways to futher
assist colonias communities and farmworkers. The Committee
encourages USDA to explore strategies to adopt and address the
unique participation challenges faced by rural communities in
the border region colonias communities. Further, the Committee
encourages the Secretary to support these communities with
funds appropriated for the Rural Partnership Network. The
Committee requests a briefing on these efforts within 90 days
following enactment.
Healthy Food Financing Initiative (HFFI).--The Committee
continues to support HFFI, which improves access to healthy
food in underserved areas, creates and preserves quality jobs,
and revitalizes low-income communities. Resources provided
enable continued investments in grants and loans, establish
funding coalitions and partnerships, and support a variety of
food enterprises that target solutions to the needs of rural,
urban, and tribal communities.
Loan Processing.--The Committee understands Rural
Development loans are a critical source of financing for rural
communities. The Committee appreciates the sometimes-needed
complementary coordination between National and State offices
for certain loans, but urges USDA to process loans in a timely
manner.
Opportunity Zones.--The Committee directs Rural Development
to identify opportunities to support projects within designated
Opportunity Zones to better leverage existing resources and
incentivize greater investment in distressed rural communities.
Persistent Poverty Areas.--The Committee supports targeted
investments in impoverished areas. The Committee urges the
Department to implement measures to increase the share of
investments in persistent poverty counties, distressed
communities, and any other impoverished areas. The Committee
directs the Department to define performance measures, increase
capacity to collect and analyze data, evaluate data sets, and
develop a report to the Committee on how investments in
persistently poor communities have improved economic outcomes.
Pets and Women Safety Act (PAWS) program.--The Committee
provides $3,000,000 to build upon grant awards made since 2020
for this program. The Committees directs the Secretary of
Agriculture to continue coordinating with the Departments of
Justice, Housing and Urban Development, and Health and Human
Services to implement the grant program for providing emergency
and transitional shelter options for domestic violence
survivors with companion animals.
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.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Committee
FY 2022 enacted FY 2023 estimate provision
----------------------------------------------------------------------------------------------------------------
Appropriations............................................ $300,285,000 $504,066,000 $401,976,000
Transfers from:
Rural Housing Insurance Fund Program Account.......... 412,254,000 412,254,000 412,254,000
Rural Development Loan Fund Program Account........... 4,468,000 4,468,000 4,468,000
Rural Electrification and Telecommunications Loan 33,270,000 33,270,000 33,270,000
Program Account......................................
-----------------------------------------------------
Total, RD Salaries and Expenses................... $750,277,000 $954,058,000 $851,968,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For Salaries and Expenses of the Rural Development mission
area, the Committee provides an appropriation of $401,976,000.
Of the amount provided, $34,000,000 is for information
technologies investments to modernize systems and software,
$24,000,000 to increase Rural Development staffing, and up to
$5,000,000 is for the Rural Partnership Network.
Rural Development Staffing.--The Committee provides an
additional $24,000,000 for increased Rural Development staff
towards continued efforts in improving customer service and
expedited program delivery. The Committee expects these
resources will support improved program delivery, particularly
through hiring at the Field level.
Rural Hospitals.--Rural hospitals are an essential pillar
of their communities and are necessary to create the economic
growth that is direly needed in rural communities.
Unfortunately, many rural hospitals continue to struggle. The
Committee includes $2,000,000 for technical assistance to
vulnerable hospitals in the Community Facilities portfolio to
help struggling rural hospitals negotiate, reorganize, and
revitalize.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Administrative
Loan level Subsidy level expenses
----------------------------------------------------------------------------------------------------------------
2022 Appropriation........................................ $31,626,000 $65,296 $412,254
2023 Budget Estimate...................................... 32,240,842 190,562 412,254
Provided in the Bill...................................... 32,040,000 137,188 412,254
Comparison:
2022 Appropriation...................................... +414,000 +71,892 - - -
2023 Budget Estimate.................................... -200,842 -53,374 - - -
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Rural Housing Insurance Fund program account, the
Committee provides a loan level of $32,040,000,000.
Farm Labor Housing.--The Committee encourages USDA to
explore opportunities to leverage its resources including its
Food and Nutrition Programs, Community Facilities Programs,
Housing Preservation Grants, and other programs, and to create
partnerships with the Department of Labor's Farmworker Housing
outreach and technical assistance program, Health Resources and
Services Administration's Health Center Program, and the
Administration for Children and Families Migrant and Seasonal
Head Start Program, to coordinate and align resources to
address the housing, nutrition and healthcare needs of this
vulnerable population of essential workers who play a critical
role in America's food security. The Committee further
encourages USDA to explore including service coordinators as an
allowable expenditure for farm labor housing projects.
Rural Housing Preservation.--The Committee understands the
importance of preserving existing rural rental housing. The
Committee expects the Department to consider all options in
their preservation efforts, including considering the
utilization of nonprofit organizations to acquire, repair and
preserve properties in order to continue their use as
affordable housing.
The following table reflects the loan levels for the Rural
Housing Insurance Fund program account:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2022 enacted FY 2023 estimate provision
----------------------------------------------------------------------------------------------------------------
Rural Housing Insurance Fund Loans
Direct............................................ $1,250,000 $1,500,000 $1,500,000
Native American Re-Lending Demonstration Program.. - - - 20,842 12,000
Unsubsidized Guaranteed........................... 30,000,000 30,000,000 30,000,000
Housing Repair (sec. 504)............................. 28,000 50,000 28,000
Rental Housing (sec. 515)............................. 50,000 200,000 150,000
Multi-family Guaranteed (sec. 538).................... 250,000 400,000 300,000
Site Development Loans................................ 5,000 5,000 5,000
Credit Sales of Acquired Property..................... 10,000 10,000 10,000
Self-help Housing Land Development Fund............... 5,000 5,000 5,000
Farm Labor Housing.................................... 28,000 50,000 30,000
-----------------------------------------------------
Total, Loan Authorization......................... $31,626,000 $32,240,842 $32,040,000
----------------------------------------------------------------------------------------------------------------
The following table reflects the costs of loan programs
under credit reform:
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2022 enacted FY 2023 estimate provision
----------------------------------------------------------------------------------------------------------------
Rural Housing Insurance Fund Program
Account (Loan Subsidies and Grants):
Single Family Housing (sec. 502):
Direct............................................ $23,250 $55,650 $55,650
Native American Re-Lending Demonstration Program.. - - - 6,857 3,948
Housing Repair (sec. 504)......................... 484 4,150 2,324
Rental Housing (sec. 515)............................. 4,470 38,220 28,665
Multifamily Housing Revitalization.................... 34,000 75,000 40,000
Farm Labor Housing.................................... 2,831 10,210 6,126
Site Development (sec. 524)........................... 206 208 208
Self-Help Land (sec. 523)............................. 55 267 267
-----------------------------------------------------
Total, Loan Subsidies............................. 65,296 190,562 137,188
Farm Labor Housing Grants............................. 10,000 18,000 12,000
RHIF Expenses:
Administrative Expenses........................... $412,254 $412,054 $412,254
----------------------------------------------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
2022 appropriation.................................... $1,450,000,000
2023 budget estimate.................................. 1,601,926,000
Provided in the bill.................................. 1,493,926,000
Comparison:
2022 appropriation.................................. +43,926,000
2023 budget estimate................................ -108,000,000
COMMITTEE PROVISIONS
For the Rental Assistance Program, the Committee provides a
program level of $1,493,926,000. This provides the estimated
amount to fully fund the program.
RURAL HOUSING VOUCHER ACCOUNT
2022 appropriation.................................... $45,000,000
2023 budget estimate.................................. - - -
Provided in the bill.................................. 38,000,000
Comparison:
2022 appropriation.................................. -7,000,000
2023 budget estimate................................ +38,000,000
COMMITTEE PROVISIONS
For the Rural Housing Voucher Account, the Committee
provides an appropriation of $38,000,000.
MUTUAL AND SELF-HELP HOUSING GRANTS
2022 appropriation.................................... $32,000,000
2023 budget estimate.................................. 40,000,000
Provided in the bill.................................. 33,000,000
Comparison:
2022 appropriation.................................. +1,000,000
2023 budget estimate................................ -7,000,000
COMMITTEE PROVISIONS
For the Mutual and Self-Help Housing program, the Committee
provides an appropriation of $33,000,000.
RURAL HOUSING ASSISTANCE GRANTS
2022 appropriation.................................... $48,000,000
2023 budget estimate.................................. 75,000,000
Provided in the bill.................................. 48,000,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ -27,000,000
COMMITTEE PROVISIONS
For the Rural Housing Assistance Grants program, the
Committee provides an appropriation of $48,000,000, including
$16,000,000 for rural housing preservation grants.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $239,449,000
2023 budget estimate.................................. 74,000,000
Provided in the bill.................................. 194,865,000
Comparison:
2022 appropriation.................................. -44,584,000
2023 budget estimate................................ +120,865,000
COMMITTEE PROVISIONS
For the Rural Community Facilities Program Account, the
Committee provides an appropriation of $194,865,000. The
Committee specifies the following projects and amounts to be
funded in fiscal year 2023.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 urges the Department to fund
community-based facilities and resources.
The following table provides the Committee's
recommendations as compared to the budget request:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2022 enacted FY 2023 estimate provision
----------------------------------------------------------------------------------------------------------------
Loan Levels:
Community Facility Direct Loans.................... ($2,800,000) ($2,800,000) ($2,800,000)
Community Facility Guaranteed Loans................ (650,000) (500,000) (650,000)
Subsidy and Grants:
Community Facility Grants.......................... 223,449 52,000 176,865
Rural Community Development Initiative............. 6,000 12,000 8,000
Tribal College Grants.............................. 10,000 10,000 10,000
--------------------------------------------------------
Total, Rural Community Facilities Program $239,449 $74,000 $194,865
Subsidy and Grants............................
----------------------------------------------------------------------------------------------------------------
Rural Business Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $73,125,000
2023 budget estimate.................................. 83,100,000
Provided in the bill.................................. 88,800,000
Comparison:
2022 appropriation.................................. +15,675,000
2023 budget estimate................................ +5,700,000
COMMITTEE PROVISIONS
For the Rural Business Program Account, the Committee
provides an appropriation of $88,800,000.
The Committee provides resources to operate programs under
the Rural Business-Cooperative Service (RBS). RBS programs
complement lending activities of the private sector by
promoting eco- nomic prosperity in rural communities through
improved access to capital and economic development on a
regional scale.
Arts in rural communities.--The Committee recognizes the
valuable role of the arts in the economic and community
development of rural communities across the country. In
providing grants and assistance under this title, 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.
Business and Industry Guaranteed Loans.--The Committee
recognizes the expanded growth and interest in the Business and
Industry Loan program and encourages the Department to better
forecast the needs of the program in fiscal year 2023 and
future fiscal years to ensure continued lending activities
throughout the year.
The following table provides the Committee's
recommendations as compared to the budget request:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Committee
FY 2022 enacted FY 2023 estimate provision
----------------------------------------------------------------------------------------------------------------
Loan Level:
Business and Industry Guaranteed Loans............. ($1,250,000) ($1,500,000) ($2,000,000)
Subsidy and Grants:
Business and Industry Guaranteed Loans............. 25,125 32,100 42,800
Rural Business Development Grants.................. 37,000 37,000 37,000
Rural Innovation Stronger Economy Grants........... 2,000 5,000 - - -
Delta Regional Authority/Appalachian Regional Com- 9,000 9,000 9,000
mission/Northern Border Regional Commission.......
--------------------------------------------------------
Total, Rural Business Program Subsidy and $73,125 $83,100 $88,800
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
----------------------------------------------------------------------------------------------------------------
2022 Appropriation..................................... $18,889 $1,524 $4,468
2023 Budget Estimate................................... 18,889 3,313 4,468
Provided in the Bill................................... 18,889 3,313 4,468
Comparison:
2022 Appropriation................................... - - - +1,789 - - -
2023 Budget Estimate................................. - - - - - - -- -
----------------------------------------------------------------------------------------------------------------
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 $3,313,000. In addition, the Committee
provides $4,468,000 for administrative expenses.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
2022 appropriation.................................... $50,000,000
2023 budget estimate.................................. 75,000,000
Provided in the bill.................................. 50,000,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ -25,000,000
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
2022 appropriation.................................... $27,600,000
2023 budget estimate.................................. 30,700,000
Provided in the bill.................................. 27,600,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ -3,100,000
COMMITTEE PROVISIONS
For Rural Cooperative Development Grants, the Committee
pro- vides an appropriation of $27,600,000.
This total includes $2,800,000 for a cooperative agreement
for the Appropriate Technology Transfer for Rural Areas program
and $13,000,000 for the Value-added Agricultural Product Market
Development Grant Program under the Local Agriculture Market
Program in the 2018 Farm Bill.
Agriculture Innovation Centers.--The Committee continues to
support Agriculture Innovation Centers. The Committee
encourages consideration for the creation an Agricultural
Innovation Center to develop a smart agriculture industry
technology roadmap. The smart agriculture industry roadmap
center would help guide the future development of technology in
the agriculture industry and help align the United States
agriculture industry to increase efforts of the United States
to become a global leader in smart farming and agricultural
technologies.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
2022 appropriation.................................... $6,500,000
2023 budget estimate.................................. 6,000,000
Provided in the bill.................................. 6,000,000
Comparison:
2022 appropriation.................................. -500,000
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Rural Microentrepreneur Assistance Program (RMAP),
the Committee provides an appropriation of $6,000,000. RMAP
provides loans and grants to non-profit organizations,
community based financial institutions, and local economic
development councils, which in turn provide technical
assistance services and microloans to rural owner-operated
small businesses and aspiring entrepreneurs.
RURAL ENERGY FOR AMERICA PROGRAM
2022 appropriation.................................... $12,920,000
2023 budget estimate.................................. 30,018,000
Provided in the bill.................................. 10,045,000
Comparison:
2022 appropriation.................................. -2,875,000
2023 budget estimate................................ -19,973,000
COMMITTEE PROVISIONS
For the Rural Energy for America Program, the Committee
pro- vides $10,045,000 to make loans and grants as authorized
by section 9007 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107) to farmers, ranchers, and rural small
businesses to assist with purchasing renewable energy systems
and making energy efficiency improvements.
HEALTHY FOOD FINANCING INITIATIVE
2022 appropriation.................................... $5,000,000
2023 budget estimate.................................. 5,000,000
Provided in the bill.................................. 5,000,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Healthy Food Financing Initiative, the Committee
pro- vides $5,000,000 to increase the availability of
affordable, healthy foods in underserved rural communities to
create and preserve quality jobs and revitalize low-income
communities.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $653,307,000
2023 budget estimate.................................. 726,557,000
Provided in the bill.................................. 685,072,000
Comparison:
2022 appropriation.................................. +31,765,000
2023 budget estimate................................ -41,485,000
COMMITTEE PROVISIONS
For the Rural Water and Waste Disposal Program Account, the
Committee provides an appropriation of $685,072,000. 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.
Border Communities.--The Committee is concerned that the
water and wastewater needs of colonias communities that suffer
from high rates of poverty along the southern border are not
being adequately addressed. The Committee encourages USDA to
support qualified non-profit organizations to provide technical
assistance and/or construction projects to help colonias
communities with accessing USDA's water and wastewater programs
and services.
Circuit Rider Program.--The Committee encourages the
Department to ensure critically needed assistance under the
Circuit Rider Program is appropriately targeted to communities
in persistent poverty counties, including persistent poverty
communities in border colonias regions.
Domestic Preference.--The bill includes language specifying
that RUS' Rural Water and Waste Disposal program account
projects utilizing iron and steel shall use iron and steel
products produced in the United States. RUS shall apply the
Environmental Protection Agency's definition of public water
systems while implementing the domestic preference provision.
Lead Service Lines.--The Committee recognizes the health
hazards posed by lead service lines and urges the Department to
prioritize the replacement of lead service lines in rural
areas. The Committee includes additional resources over fiscal
year 2022 to assist in mitigating lead hazards.
PFAS Pollution.--The Committee encourages the Department to
make better use of the authority provided by the 2018 Farm Bill
to utilize its Water and Wastewater Loan and Grant Program to
help address the needs of rural communities impacted by PFAS
pollution.
Water and Waste Projects.--The Committee continues to
invest in water and waste projects in rural communities and has
included budget authority to support a cohort of loans with a
one percent borrower interest rate. These resources shall be
targeted to distressed communities to assist projects in
becoming financially viable for distressed communities.
The following table provides the Committee's
recommendations as compared to the budget request:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Loan Levels:
Water and Waste Direct Loans....................... ($1,400,000) ($1,540,000) ($1,450,000)
Water and Waste Guaranteed Loans................... (50,000) (50,000) (50,000)
Subsidy and Grants:
Direct Subsidy..................................... - - - 26,499 6,810
Guaranteed Subsidy................................. 45 - - - - - -
Water and Waste Revolving Fund..................... 1,000 1,000 1,000
Water Well System Grants........................... 5,000 5,000 5,000
Grants for the Colonias and AK/HI.................. 70,000 93,000 70,000
Water and Waste Technical Assistance Grants........ 37,500 40,000 37,500
Circuit Rider Program.............................. 20,762 20,157 20,762
Solid Waste Management Grants...................... 4,000 4,000 4,000
High Energy Cost Grants............................ 10,000 10,000 10,000
Water and Waste Disposal Grants.................... 490,000 511,901 515,000
306A(i)(2) Grants.................................. 15,000 15,000 15,000
--------------------------------------------------------
Total, Subsidies and Grants.................... $653,307 $726,557 $685,072
----------------------------------------------------------------------------------------------------------------
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Administrative
Loan level Subsidy level expenses
----------------------------------------------------------------------------------------------------------------
2022 Appropriation.................................. $7,940,000 $46,840 $33,270
2023 Budget Estimate................................ 7,190,000 403,336 33,270
Provided in the Bill................................ 7,990,000 48,496 33,270
Comparison:
2022 Appropriation................................ +50,000 +1,656 - - -
2023 Budget Estimate.............................. +800,000 -354,840 - - -
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Rural Electrification and Telecommunications Loans
Program Account, the Committee provides a loan level of
$7,990,000,000. 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]
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations
Electric:
Direct, FFB............... - - - $2,167,000 $2,167,000
Direct, Treasury.......... $ 6,500,000 4,333,000 4,333,000
Guaranteed Underwriting... 750,000 - - - 800,000
-----------------------------------------
Subtotal.............. 7,300,000 6,500,000 7,300,000
Telecommunications:
Direct, Treasury Rate..... 690,000 690,000 690,000
Direct, FFB............... - - - - - - - - -
-----------------------------------------
Total, Loan $7,940,000 $7,190,000 $7,990,000
Authorizations.......
------------------------------------------------------------------------
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in thousands]
------------------------------------------------------------------------
FY 2022 FY 2023 Committee
enacted estimate provision
------------------------------------------------------------------------
Rural Electrification and
Telecommunication Loans
Rural Electric - - - $300,000 - - -
Modifications............
Rural Energy Savings $11,500 26,340 11,500
Program..................
Telecommunications Direct, 2,070 3,726 3,726
Treasury.................
Treasury Modifications.... - - - 25,000 - - -
Rural Clean Energy - - - 15,000 - - -
Initiative...............
Administrative Expenses... 33,270 33,270 33,270
-----------------------------------------
Total, Rural 46,840 403,336 48,496
Electrification and
Telecommunications...
------------------------------------------------------------------------
BROADBAND PROGRAM
[Dollars in thousands]
------------------------------------------------------------------------
FY 2022 FY 2023 Committee
enacted estimate provision
------------------------------------------------------------------------
Broadband Program:
Loan Authorization........ $15,220 $14,674 $14,674
Loan Subsidy.............. 2,272 2,000 2,000
Community Connect Grants.. 35,000 35,000 35,000
Broadband ReConnect Loans 436,605 600,000 465,513
and Grants...............
Distance Learning and
Telemedicine:
Grants.................... 62,510 60,000 60,000
-----------------------------------------
Total, Loan Subsidy $536,387 $697,000 $562,513
and Grants...........
------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Broadband Program, the Committee provides an
appropriation of $2,000,000 for a loan authorization level of
$14,674,000. The Committee specifies the following projects and
amounts to be funded in fiscal year 2023.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Broadband and Tribal Colleges and Universities.--The
Committee encourages the Secretary of Agriculture to explore
opportunities to expand broadband for 1994 Institutions (as
defined in Sec. 532 of the Equity in Educational Land-Grant
Status Act of 1994 (7 U.S.C. 301 note) under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.). Stronger
efforts are needed to support expansion and maintenance of
broadband connectivity, including, but not limited to,
equipment costs, maintenance of broadband systems, broadband
infrastructure expansion, and ongoing broadband operations
expenses directly related to 1994 Institutions broadband
systems.
Community Connect.--The Committee encourages USDA to
collaborate with qualified nonprofit organizations, including
community colleges, to provide technical assistance to
communities in persistent poverty counties, including
persistent poverty communities in border colonias region, to
facilitate access to broadband services including Distance
Learning and Telemedicine opportunities.
Indian Country Broadband.--The Committee urges the USDA to
responsibly and efficiently take action to address broadband
deficiencies through increased access and investments for
broadband on rural Tribal lands.
Open Access.--The Committee recognizes the value of open
access broadband fiber infrastructure projects as well as the
challenges these projects face in qualifying for federal
funding and directs the USDA Rural Utilities Service (RUS) to
support financially-feasible open access infrastructure
projects that meet its program goals.
ReConnect.--The Committee provides an additional
$450,000,000 for the ReConnect program to increase access to
broadband connectivity in unserved and underserved rural
communities, targeting areas of the country with the largest
broadband coverage gaps, including those with mountainous
terrain.
ReConnect Application.--The Committee recognizes
difficulties caused by supply chain disruptions can make
administration of broadband projects more difficult, but
encourages USDA to work to expeditiously disburse ReConnect
funds once grants and loans are awarded. Additionally, the
Committee encourages the Department to examine, and
appropriately adjust collateral requirements in within
ReConnect Loan Agreements, Grant Agreements, or Loan/Grant
Agreements to ensure greater Program access.
ReConnect Coordination.--The Committee recognizes the
certain burdens facing small telecommunication providers in
rural America that seek financial assistance through the
ReConnect program. Rural broadband providers are community
institutions that are leading the way to close the digital
divide. Government assistance programs should not further
complicate these small companies with costly applications and
confusing regulatory compliance requirements. The Committee
urges the continued partnerships with other Federal agencies to
review various Federal broadband program requirements in
efforts to better understand program nuances and promote
harmonization of Federal broadband application processes.
ReConnect Scoring Criteria.--The ReConnect program shall
establish a scoring criterion that prioritizes serving the
hardest to reach, unserved and underserved rural communities.
ReConnect Service Areas.--RUS Telecommunications Program
funds should not be awarded in any areas, study areas or census
blocks where a recipient of FCC High-Cost USF support is
already subject to a buildout obligation of 25/3 Mbps or
greater for fixed terrestrial broadband, except that RUS
Telecommunication Program funds may be awarded in such areas to
help finance construction of the network. This shall not apply
in cases where the FCC has not provided for final approval of
an award of such funds.
ReConnect Technical Assistance.--The committee recognizes
that there is a greater need for technical assistance for
small, rural communities applying for USDA loans and grants.
The committee directs USDA to establish and implement a
broadband technical assistance strategy to better support rural
communities. This effort will assist applicants, including a
cohort of applicants, with initial planning and development of
applications for USDA broadband loans and grants. This may
include, but is not limited to, the review of program
eligibility, review of program processes, and one-on-one
assistance with application development, and implementation of
broadband in the area of the applying entity. This effort must
provide program analysts within the USDA to provide one-on-one
technical assistance to applying entities throughout the
ReConnect application process.
Rural Telehealth.--The Committee supports the Memorandum of
Understanding entered into on August 31, 2020, establishing a
Rural Telehealth Initiative among the Department of Health and
Human Services, the Federal Communications Commission, and the
Department of Agriculture. Together, this important initiative
can leverage expertise of each respective agency and improve
collaboration amongst entities tasked with addressing rural
telehealth access. Agencies involved in this initiative should
prioritize opportunities to continue the expansion of
telehealth services and close the digital divide.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
2022 appropriation.................................... $1,327,000
2023 budget estimate.................................. 1,426,000
Provided in the bill.................................. 1,376,000
Comparison:
2022 appropriation.................................. +49,000
2023 budget estimate................................ -50,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food, Nutrition,
and Consumer Services, the Committee provides an appropriation
of $1,376,000.
Accessibility of Federal nutrition programs.--The Committee
maintains its interest in increasing accessibility of Federal
nutrition programs for those with culturally or religiously
sensitive diets, including Kosher and Halal. The Committee
recognizes efforts underway at the Department to gain a deeper
understanding of existing barriers to offering more Kosher and
Halal foods through these programs. The Committee embraces
these efforts and urges the Department to accelerate, to the
extent practicable, its exploration and implementation of
strategies to overcome these barriers. The Committee directs
the Secretary to provide a briefing within 60 days of enactment
of this Act on these efforts, to include identification of any
additional resources that may be necessary to implement
strategies, overcome barriers, and close existing gaps in this
area. Recognizing that cost to school food authorities in
providing culturally and religiously sensitive meals to
children participating in the Federal school meal programs is a
barrier, the Committee welcomes information from the Department
about potential adjustments to the school meal reimbursement
rate to better account for costs of providing such meals.
Local Food.--The Committee recognizes the growing demand
for locally and regionally produced food. The Committee
encourages all nutrition programs, to the extent feasible, to
engage local agriculture producers to enhance small farmers and
regional producers. The Committee again directs FNS to review
its Child Nutrition Programs and other food distribution
programs to determine how many of their commodity purchases are
locally sourced and how to improve procurement from local and
small farmers.
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.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $26,883,922,000
2023 budget estimate.................................. 28,587,957,000
Provided in the bill.................................. 28,619,957,000
Comparison:
2022 appropriation.................................. +1,736,035,000
2023 budget estimate................................ +32,000,000
COMMITTEE PROVISIONS
For the Child Nutrition Programs, the Committee provides
$28,619,957,000, which includes $40,000,000 for school meals
equipment grants, $50,000,000 for the Summer Electronic
Benefits Transfer (EBT) for Children Demonstration, $12,000,000
for Farm to School grants, $10,000,000 for school Breakfast
Expansion grants, and $20,162,000 for Team Nutrition.
Alternate Protein Meal Options.--The Committee directs FNS
to collect, analyze, and publish research relating to the
availability of plant-based and alternate protein meal options
under USDA programs in schools and other congregate settings,
and the impact of plant-based and alternate protein meal
options on population health outcomes. The committee further
directs the Department to provide guidance on the
implementation of daily plant-based and alternate protein meal
options under the NSLP and SBP for consideration by state
agencies and local program operators.
Child Nutrition Waivers.--The Committee is concerned over
reports of decreasing student participation in school breakfast
and lunch programs despite the on-going COVID-19 public health
crisis. The Committee is supportive of the child nutrition
waivers, authorized under Section 2202 of the Families First
Coronavirus Response Act, and the flexibility they provided for
state child nutrition programs to meet the ongoing challenges
brought on by the pandemic. The Committee looks forward to
reviewing the results of the School Meal Operations Study
series and to working with FNS to combat childhood hunger.
Food Waste Education.--USDA's nutrition programs reach
nearly one in four Americans every day, including approximately
30 million children through school feeding programs. This reach
provides a significant opportunity to increase public awareness
of food loss and waste and ways to prevent it. The Committee
encourages the USDA to include food waste education and
prevention information as a priority for each of these programs
and incorporate food waste prevention and reduction information
into all nutrition education materials geared toward teachers,
students, and other program recipients.
Fresh Fruit and Vegetable Program.--The Committee
appreciates the collaboration between USDA and the Department
of Defense on its Fresh Fruit and Vegetable Program, which is
available in over 48 states/territories and serves more than
22,000 schools. The Committee encourages DOD and USDA FNS to
review current practices to identify opportunities to increase
food purchases from small, medium, women and minority farmers
within their respective states.
Local Food in the National School Lunch Program (NSLP).--
The Committee is aware that school meals are a vital source of
food and nutrition for elementary and secondary students. 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.
Non-dairy Milk Alternatives.--The Committee is supportive
of the National School Breakfast Program and the National
School Lunch Program remaining accessible to all students while
maintaining its nutritional standards. As allergies may prevent
children from consuming dairy-based milk, non-dairy milk
alternatives may be the best option for children in school
meals that achieve the intended nutrition goal. The Committee
requests a briefing, not later than 90 days after the enactment
of this Act, from FNS on the availability of non-dairy milk
alternatives in school meal programs.
Summer Food Service Program.--The Committee supports FNS
allowing State Agencies to enable Summer Food Service Program
service institutions that serve such areas where eligible
children and youth have barriers to access or limited access to
a congregate feeding site to use their customary reimbursement
payments to develop and implement innovative methods to deliver
or otherwise make available foods to eligible children and
youth by non-congregate means or in non-congregate settings.
Team Nutrition.--The Committee supports the promotion of
nutritional health of school children and recognizes the need
for additional support for schools to meet certain nutrition
standards for school meals, particularly for sodium and whole
grains. The committee encourages FNS to help schools meet whole
grains and sodium-reduction targets.
The agreement provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program................................. $15,043,315
School breakfast program............................. 6,044,892
Child and adult care food program.................... 4,531,212
Summer food service program.......................... 604,987
Special milk program................................. 7,817
State administrative expenses........................ 339,000
Commodity procurement................................ 1,788,389
Team Nutrition....................................... 20,162
Food safety education................................ 4,196
Coordinated review................................... 10,000
Computer support and processing...................... 28,238
CACFP training and technical assistance.............. 45,996
Child Nutrition Program studies and evaluations...... 21,005
Child Nutrition payment accuracy..................... 12,315
Farm to school tactical team......................... 6,433
School meals equipment grants........................ 40,000
Summer EBT demonstration............................. 50,000
School breakfast expansion grants.................... 10,000
Farm to School grants................................ 12,000
------------------
Total............................................ $28,619,957
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
2022 appropriation.................................... $6,000,000,000
2023 budget estimate.................................. 6,000,000,000
Provided in the bill.................................. 6,000,000,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the Special Supplemental Nutrition Program for Women,
Infants, and Children, the Committee provides an appropriation
of $6,000,000,000. The Committee provides $90,000,000 for the
breastfeeding peer counselor program and $14,000,000 for
infrastructure.
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 2023. The Committee
provides funding that will ensure all eligible participants
will be served and to maintain the amounts of fruits and
vegetables in the WIC Food Package.
The Committee will continue to monitor WIC participation
trends, carryover funds, and food costs and take additional
action as necessary.
Improving Breastfeeding Rates.--The Committee remains
interested in how to improve breastfeeding rates and eliminate
barriers to breastfeeding for low-income and minority women. To
meet their breastfeeding goals, according to the CDC, mothers
need continuity of care which is achieved by consistent,
collaborative, and high-quality breastfeeding services and
supplies. Reports that some WIC agencies only make breast pumps
and related supplies available to WIC participants who meet
certain difficult criteria are concerning and seem to be in
opposition to the goals of encouraging breastfeeding. Food and
Nutrition Service is directed to collect information from all
WIC agencies and prepare a report to the committee, within 180
days of enactment of this bill, detailing any conditions WIC
agencies consider, or requirements they impose, when
determining whether a WIC participant who intends to fully
breastfeed her infant may access breastfeeding supplies and
services.
Maternal Mortality Data.--The Committee remains concerned
about maternal mortality and awaits the report detailed in
House Report 116-446.
WIC Food Package.--The Committee understands FNS is
currently considering changes to the WIC food packages based on
recommendations from the National Academies of Science,
Engineering and Medicine's (NASEM) 2017 report in conjunction
with the recently released Dietary Guidelines for Americans,
2020-2025 and looks forward to reviewing those changes. The
committee notes repeated DGAs have identified dairy products as
nutrient-dense, while also identifying a high percentage of the
U.S. population, including WIC's at-risk population, as not
consuming the recommended level of dairy.
Zika Outreach and Education.--The Committee encourages the
Department to continue its education and outreach efforts
through the WIC program to provide pregnant women with the
information they need to prevent Zika.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
2022 appropriation.................................. $140,440,868,000
2023 budget estimate................................ 138,977,369,000
Provided in the bill................................ 111,180,895,000
Comparison:
2022 appropriation................................ -29,259,973,000
2023 budget estimate.............................. -27,796,474,000
COMMITTEE PROVISIONS
For the Supplemental Nutrition Assistance Program, the
Committee provides $111,180,895,000. The total amount includes
$3,000,000,000 for a contingency reserve to be used only in the
event and in the amount necessary. The Committee also includes
a such sums appropriation in the fourth quarter of the fiscal
year, as requested by the Administration, in case participation
exceeds expected levels or there is a disaster that cannot be
managed through use of the contingency funds.
Barriers to Accessing SNAP.--The Committee recognizes the
Families First Coronavirus Response Act directed the Secretary
of Agriculture to submit a report to Congress 18 months after
the public health emergency ends on the measures taken to
address the food security needs of affected populations during
the emergency and recommendations for changes to the
Secretary's authority under the Food and Nutrition Act of 2008
to assist the Secretary and States and localities in
preparations for any future health emergencies. The Committee
is eager to learn about the impact of temporary SNAP related
improvements during the COVID-19 pandemic, lessons learned. and
recommendations on promoting food security during COVID-19 and
beyond.
The Committee encourages FNS to include in this report the
impacts on SNAP benefits of the expiration of the PHE and
related SNAP measures, and ways to promote equitable customer
service, including through language access, and alternative
eligibility system access options such as in person, online,
and call center availability.
College Hunger.--The Committee remains concerned that SNAP
eligible students who are food-insecure lack proper information
about resources available to them. Under regular SNAP
eligibility requirements, students enrolled at least half time
in an institution of higher education are typically ineligible
for SNAP benefits unless they meet certain specific exemptions.
Public Law 116-260 included provisions to temporarily expand
SNAP eligibility to students. 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 directs FNS to report back on
the number of students who enrolled in SNAP due to this
increased flexibility and provide any lessons learned.
Military Food Insecurity.--The Committee recognizes that
COVID-19 exacerbated food insecurity for millions of people,
including members of the military. The Committee is also aware
that the Basic Allowance for Housing that members of the
military receive is not excluded as income when calculating
eligibility for SNAP. The Committee supports a reevaluation and
revision of this policy to reduce the number of military
members relying on food banks and to ensure all members of the
military have access to healthy, nutritious food.
Retailer Language Access.--The Committee supports cultural
retailers participating in SNAP for their role ensuring
immigrant communities have affordable access to cultural foods.
Such retailers may be led by individuals with Limited English
Proficiency. The Committee directs FNS to submit a plan within
180 days for ensuring meaningful language access when serving
retailers. The plan shall include the implementation of
language translation and interpretation services.
SNAP Application Reporting.--The Committee is interested in
the number of approved applications, and nonapproved
applications due to a drug felony conviction, a condition
related to a drug felony conviction, or a time limit related to
a drug felony ban for each state. The Committee is also
interested in the number of total applications and incomplete
or abandoned applications due, whether in whole or in part, to
a drug felony conviction, a condition related to a drug felony
conviction, or a time limit related to a drug felony ban for
each state. The Committee recognizes FNS does not have complete
information on denials related to drug felonies at the state-
level, and requests a briefing, within 90 of enactment of this
Act, to better understand the various aspects and limitations
to this data collection, and the costs and timeframe for such
as study.
SNAP-Ed.--When administering SNAP-Ed, the Committee
encourages FNS and NIFA to prioritize evidence-based
interventions that include hands-on cooking paired with
nutrition education. The Committee believes that SNAP-Ed grants
should include cooking programs that deliver community-based
nutrition education to SNAP-eligible families with the
intention of helping households maximize their food budgets and
prepare healthier meals.
SNAP Integrity.--The Committee recognizes the importance of
program integrity in the Department's administration of SNAP,
including the distribution of benefits. While the pandemic
temporarily compromised these integrity measures, including the
inability for the Department to issue error rates for both FY
2020 and FY 2021, SNAP Quality Control returned to normal modes
of data collection as of July 1, 2021. With the FY 2022 data,
FNS will also return to normal modes of analysis and
distribution of information.
SNAP Online Pilot Program.--The Committee supports
increased flexibility for SNAP beneficiaries to use their
benefits for online purchases. The Committee is concerned that
barriers for entry to the program are higher for independent
retailers. The committee urges USDA to continue to pursue the
SNAP EBT Modernization Technical Assistance Center to assist
small, independent retailers in overcoming barriers to
participation in the online purchasing pilot, and to report to
the committee on ways to facilitate independent retailers'
participation in the pilot.
Study and Evaluation Plan.--The Committee recognizes the
importance of nutritious food to the wellbeing of individuals
participating in SNAP. The Committee encourages FNS to explore
measuring the impact of restricting SNAP purchases to measure
the impact of limiting certain SNAP purchases on healthy food
choices by people participating in SNAP.
TEFAP Local Purchase.--The Committee is aware that TEFAP
distributors such as foodbanks, soup kitchens, and food
pantries have a natural bond with their local farmers. The
Committee encourages FNS to explore innovative ways to procure
food directly from small and local farmers.
Territories.--The Committee recognizes the inadequacy and
inefficacy of the current Nutrition Assistance Program block
grant funding for the Commonwealth of the Northern Mariana
Islands, Puerto Rico, and American Samoa, which has had to be
repeatedly supplemented in response to natural disasters and
the COVID-19 pandemic. The Committee encourages FNS to continue
engaging the appropriate stakeholders and directs FNS to
provide the Committee with updates on the separate plans and
discussions to includes these territories in SNAP.
The agreement provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
[Dollars in thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits............................................. 97,694,225
Contingency reserve.................................. 3,000,000
Administrative costs:
State administrative costs....................... 5,707,550
Nutrition Education and Obesity Prevention Grant 486,000
Program.........................................
Employment and Training.......................... 649,835
Mandatory other program costs.................... 390,752
Discretionary other program costs................ 3,998
------------------
Administrative subtotal........................ 7,238,135
Nutrition Assistance for Puerto Rico (NAP)........... 2,633,252
American Samoa....................................... 10,575
Food Distribution Program on Indian Reservations..... 145,005
TEFAP commodities.................................... 419,003
Commonwealth of the Northern Mariana Islands......... 30,700
Community Food Projects.............................. 5,000
Program access....................................... 5,000
------------------
Subtotal......................................... 3,248,535
Total.......................................... 111,180,895
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
2022 appropriation.................................... $440,070,000
2023 budget estimate.................................. 464,210,000
Provided in the bill.................................. 469,710,000
Comparison:
2022 appropriation.................................. +29,640,000
2023 budget estimate................................ +5,500,000
COMMITTEE PROVISIONS
The Committee provides an appropriation of $469,710,000 for
the Commodity Assistance Program. This includes $338,640,000
for the Commodity Supplemental Food Program, $30,000,000 for
the Farmers' Market Nutrition Program, $100,000,000 for
administrative funding for The Emergency Food Assistance
Program (TEFAP), and $1,070,000 for the Food Donations Programs
for Pacific Island Assistance.
Food Bank Donations.--The Committee applauds the work that
food banks and pantries have accomplished during the pandemic,
including providing over 60 million people with much-needed
sustenance and nutrition in 2020. The Committee recognizes
demand at food banks is still high, due to the pandemic and
rising food costs, but food banks are no longer receiving the
amount of food donations they once were from food producers.
The Committee supports all efforts to assist and alleviate the
burden that food banks are facing.
Senior Farmers' Market Nutrition Program.--The Committee
recognizes the importance and success of the Senior Farmers'
Market Nutrition program in helping to provide support to over
725,000 low-income seniors in purchasing healthy and nutritious
food options from local farmers. The Committee notes USDA
invested $50 million in SFMNP as part of its framework to shore
up the food supply chain and transform the food system. The
Committee directs FNS to brief the Committee within 180 days of
enactment on any remaining backlogs and how to improve the
program and serve more eligible low-income seniors.
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.
Training for Handling Kosher and Halal Foods in TEFAP.--The
Committee supports the inclusion of food that meets cultural
and religious requirements within TEFAP. As such, the Committee
encourages the Department to collaborate with Jewish and Muslim
community leaders with nuanced understanding of religious
practices and food safety procedures to develop training
materials for participating TEFAP State agencies and/or
eligible recipient agencies on the best practices for
identifying, storing, transporting, and distributing certified
kosher and halal food products. Not later than 90 days after
enactment of this Act, FNS will submit a report to the
Committee on their plans to develop training materials around
the storage, transportation, and distribution of kosher and
halal products in TEFAP.
NUTRITION PROGRAMS ADMINISTRATION
2022 appropriation.................................... $170,133,000
2023 budget estimate.................................. 238,670,000
Provided in the bill.................................. 231,378,000
Comparison:
2022 appropriation.................................. +61,245,000
2023 budget estimate................................ -7,292,000
COMMITTEE PROVISIONS
For Nutrition Programs Administration, the Committee
provides $231,378,000. This includes $10,200,000 for ensuring
the scientific integrity of the Dietary Guidelines, $23,000,000
to improve nutrition security and health outcomes, $2,000,000
for cross program technical support for tribal communities, and
$10,630,000 for enhanced staffing for critical policy and
cross-program support processes, the Office of Management, and
the Civil Rights Division.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
2022 appropriation.................................... $908,000
2023 budget estimate.................................. 1,018,000
Provided in the bill.................................. 932,000
Comparison:
2022 appropriation.................................. +24,000
2023 budget estimate................................ -86,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Trade and Foreign
Agricultural Affairs, the Committee provides an appropriation
of $932,000.
Office of Codex Alimentarius
2022 appropriation.................................... $4,841,000
2023 budget estimate.................................. 4,978,000
Provided in the bill.................................. 4,922,000
Comparison:
2022 appropriation.................................. +81,000
2023 budget estimate................................ -56,000
COMMITTEE PROVISIONS
For the Office of Codex Alimentarius, the Committee
provides an appropriation of $4,922,000.
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUND)
----------------------------------------------------------------------------------------------------------------
Transfer from
Appropriation export loan Total
account
----------------------------------------------------------------------------------------------------------------
2022 Appropriation..................................... $228,664,000 $6,063,000 $234,707,000
2023 Budget Estimate................................... 240,663,000 6,063,000 246,726,000
Provided in the bill................................... 234,913,000 6,063,000 240,976,000
Comparison:
2022 appropriation................................... +6,269,000 - - - +6,269,000
2023 budget estimate................................. -5,750,000 - - - -5,750,000
----------------------------------------------------------------------------------------------------------------
COMMITTEE PROVISIONS
For the Foreign Agricultural Service (FAS), the Committee
provides an appropriation of $234,913,000 and a transfer of
$6,063,000 for a total appropriation of $240,976,000.
The Committee provides an increase in funding of $6,269,000
for pay and retirement contributions.
International Agricultural Education Fellowship.--The
Committee includes $1,000,000 for this program. The Committee
encourages FAS to conduct active outreach to stakeholders,
including minority serving institutions, to raise awareness of
the program. In addition, the Committee encourages FAS to
explore how the International Agricultural Education Fellowship
program can strengthen ongoing efforts at FAS and lead to
program consistency.
U.S., Central America, and Mexico Cooperation.--The
Committee continues to direct FAS to work with its counterparts
in Central America and Mexico to improve the efficiency of the
agricultural inspection process and agricultural trade
facilitation issues.
Food for Peace Title II Grants
2022 appropriation.................................... $1,740,000,000
2023 budget estimate.................................. 1,740,000,000
Provided in the bill.................................. 1,800,000,000
Comparison:
2022 appropriation.................................. +60,000,000
2023 budget estimate................................ +60,000,000
COMMITTEE PROVISIONS
For Food for Peace Title II grants, the Committee provides
$1,800,000,000.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
2022 appropriation.................................... $237,000,000
2023 budget estimate.................................. 230,112,000
Provided in the bill.................................. 265,000,000
Comparison:
2022 appropriation.................................. +28,000,000
2023 budget estimate................................ +34,888,000
COMMITTEE PROVISIONS
For McGovern-Dole International Food for Education and
Child Nutrition Program Grants, the Committee provides an
appropriation of $265,000,000.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2022 appropriation.................................... $6,063,000
2023 budget estimate.................................. 6,063,000
Provided in the bill.................................. 6,063,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For administrative expenses of the Commodity Credit
Corporation Export Loans Credit Guarantee Program Account, the
Committee provides an appropriation of $6,063,000.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Appropriation User fees Total, FDA S&E
----------------------------------------------------------------------------------------------------------------
2022 Appropriation..................................... $3,304,145 $2,791,737 $6,095,882
2023 Budget Estimate................................... 3,642,328 2,837,461 6,479,789
Provided in the bill................................... 3,646,710 2,837,461 6,483,171
Comparison:
2022 Appropriation................................... +342,565 +45,724 +388,289
2023 Budget Estimate................................. +4,382 - - - +4,382
----------------------------------------------------------------------------------------------------------------
The Committee recommendation includes the full level for
pay costs.
The Committee recommendation does not include proposed user
fees that are not authorized.
This bill was developed during the infant formula shortage
in the spring of 2022. That crisis revealed the FDA had only
nine people in the office that regulates infant formula. This
raises a concern about how many other key offices at the agency
are also severely understaffed. The Committee will be in
dialogue with the agency throughout the year about critical
staffing needs.
503A Pharmacy and 503B Outsourcing Facility Inspections.--
The Committee is concerned about reports of growing delays
between FDA inspections of human drug compounders and timely
agency follow up. The Committee understands that some of these
delays may be related to insufficient staffing and resource
issues at the FDA. The Committee directs that, within 120 days
of enactment of this Act, FDA will submit to the Committee a
report on inspections of human drug compounders. This report
will include an analysis of the average time that it takes from
the inspection to regulatory action or closure letter. Further,
this report will also provide analysis regarding the challenges
the agency faces in conducting inspections, closing out
observation and warning letters, and identifying any additional
resources the agency needs to improve the current system.
510(k) Guidance.--The Committee expresses concern that the
510(k) guidance for menstrual products has not been updated
since 2005. The Committee directs the FDA to update its
guidance, and, if necessary, to publish new guidance inclusive
of additional categories of menstrual products. This guidance
should include recommendations that intentionally-added
ingredients, including fragrances, for menstrual products
covered under the guidance be disclosed on the label; that
products be tested for common contaminants, and that steps be
taken to eliminate sources of contamination when found; and to
implement testing to assess the impact of product use on the
vulvar microbiome, including through testing methods recognized
or recommended by the agency. The Committee also directs FDA,
no later than 180 days after the enactment of this Act, to
brief the Committee on its plans to update the 510(k) guidance
for menstrual products.
2019 ALS Clinical Trial Guidance.--The Committee
understands that FDA recognizes the critical unmet medical need
for new, effective treatments for ALS. The burden of ALS for
patients, their families and caregivers is devastating and the
Committee urges FDA to reaffirm its commitment to its 2019 ALS
Clinical Trial Guidance. Further, the Committee requests that
FDA report to Congress within 90 days of the passage of this
Act detailing the actions that FDA has taken to implement the
2019 ALS Clinical Trial Guidance.
Access to Compounded Hormones.--As the FDA reviews
recommendations from the National Academies of Sciences,
Engineering, and Medicine's report on the Clinical Utility of
Compounded Hormones, the Committee urges FDA to engage with
compounders and other stakeholders to help ensure access to
compounded drugs for patients who need them.
Actions on Menthol Flavors.--The Committee notes FDA's
recent announcements on its plan to issue product standards
related to menthol in cigarettes and characterizing flavors in
cigars. The Committee will be closely monitoring FDA's
rulemaking efforts and expects to be kept apprised of updates.
Adulterated Pet Food.--The Committee is aware there is no
requirement that animal food, including pet food, have pre-
market approval by the FDA, leaving the Comprehensive Animal
Food Compliance Program as the ultimate line of defense between
beloved pets, food-producing animals and the food they consume.
The continuing number of animal illnesses due to adulterated
animal food calls for urgent and immediate action by
implementing the Comprehensive Animal Food Compliance Program.
Adverse Drug Events.--The Committee commends the FDA for
its recent guidance supporting increasing the number of women
and minorities in clinical trials to represent their unique
health needs, gather safety and efficacy information to inform
proper product labeling, and mitigate risks of adverse drug
events (ADEs). The Committee urges FDA to continue examination
of past drug approvals with identified pharmacogenomic safety
issues and develop strategies that may mitigate risks of ADEs
and reduce health disparities. The Committee also requests a
briefing on progress made within 120 days of enactment.
Alzheimer's Clinical Trials.--The Committee recognizes the
need to advance innovative clinical trials designs to increase
diversity in clinical trials for Alzheimer's disease. The
Committee encourages FDA to increase efforts to make
Alzheimer's clinical trials more inclusive, innovative, and
conduct necessary outreach to underrepresented populations.
Animal Drug Compounding.--The Committee directs the FDA to
ensure an expedited review of animal drugs nominated for
compounding of office stock under GFI #256 that is consistent
with statutory authority and ensures that needed office stock
animal drugs are available for veterinarians, animal shelters,
zoos, and other stakeholders.
Antibiotics In Animals.--The Committee supports continued
efforts to combat antibiotic resistant bacteria, in part by
ensuring that medically important antibiotics for use in food-
producing animals have limited durations of use informed by
public health and veterinary evidence. The Committee expects
the agency to promulgate its draft guidance by the end of
fiscal year 2023 and include clear timelines and goals for
establishing duration limits on all marketed products. The
Committee urges the agency to focus attention on medically
important antibiotics that may be routinely administered to
food-producing animals for an undefined period and to be
consistent with the Agency's own judicious use standards. The
Agency should ensure that it prioritizes avoiding or mitigating
the risk of antibiotic resistance in human medicine.
Blood Donor Procedures.--The Committee continues to
recognize the need for scientifically sound, evidence-based
policy relative to FDA blood donor recommendations. The
Committee expects the FDA to complete review of the evidence
obtained from the ADVANCE study and encourages FDA to issue
updated evidence-based blood donor recommendations. The
Committee directs FDA to report to Congress no later than 180
days after enactment of this Act, including on the status of
its ongoing review, on the data it is using or has used to
update guidelines, and its outreach and education to blood
donation centers relating to its updated recommendations.
Cancer Immunotherapy Clinical Trials and Combination
Treatments.--The Committee commends FDA for its continued
efforts to accelerate the review and approval of cell and gene
therapies for cancer, which have provided hope for many
patients when more traditional treatments have failed. Research
suggests that therapies that combine cellular products and
other cancer drugs may prove more effective for some patients,
including those who do not benefit from single-drug treatments.
These combination treatments increase the complexity of trial
design, especially regarding treatment sequencing and the
number of treatment arms per trial. Therefore, the Committee
urges FDA to work with and provide guidance to industry and the
broader research community on how to standardize potency
testing requirements for cellular therapies.
Cannabidiol Oil.--The Committee is concerned about the
proliferation of foods and dietary supplements marketed in
violation of the Federal Food, Drug and Cosmetic Act (FFDCA),
including products containing derivatives of the cannabis
plant. The Committee is aware that non-FFDCA-compliant products
pose potential health and safety risks to consumers through
misleading, unsubstantiated, and false claims that cannabis and
cannabis derivatives can treat serious and life-threatening
diseases and conditions, including COVID-19. Such products may
also be contaminated with harmful substances. The Committee
recognizes FDA's efforts undertaken thus far, including
research, requests for data, consumer education, issuance of
guidance and policy around cannabis-based drug product
development, and some enforcement against wrongdoers. The
Committee also recognizes that FDA is considering a public
rulemaking process or enforcement discretion policy that could
permit one compound in cannabis, cannabidiol (``CBD''), in
foods and/or dietary supplements. The Committee expects the FDA
to proceed in a manner that preserves the public health, which
may include limits in finished products on CBD and THC in total
concentration levels and in recommended daily servings. The
Committee also expects the FDA to preserve the integrity of its
drug development and approval processes, which ensures that
products marketed as drugs have undergone a rigorous scientific
evaluation to assure that they are safe, effective, pure and
potent.
Canned Tuna.--The Committee remains concerned that FDA has
not revised the standard of identity for canned tuna to adopt
the drained weight fill of container standard despite having
received two citizens petitions, as far back as 1994. FDA is
directed to promulgate proposed regulations revising the
standard of identity for canned tuna consistent with the
drained weight standard adopted for canned tuna by the Codex
Alimentarius Commission and the Association of Official
Analytical Chemists. FDA shall, to the extent consistent with
applicable regulations, continue to approve in a timely manner
temporary marketing permits that adopt the drained weight
method consistent with international standards and to approve
in a timely manner updates to product labeling under existing
temporary marketing permits.
Carbohydrates.--The Committee encourages the FDA to respond
to a request from industry to use an alternative methodology
related to carbohydrates in certain food and beverage products.
Chemicals in Foods.--The Commissioner shall provide, after
consulting with the National Cancer Institute and the National
Toxicology Program, a report no later than 180 days from
enactment describing how it assesses the carcinogenicity of
chemicals added to or found in food or food contact materials
that do not cause mutations or damage DNA. The report should
include: (1) whether it proactively reviews reports by the
National Toxicology Program, including its biennial Report on
Carcinogens, and other organizations to identify additives that
warrant reassessment for use in food; and (2) whether companies
or other organizations can properly determine a substance's use
is Generally Recognized as Safe if it is a carcinogen.
Closer to Zero.--The Committee directs the Agency to brief
the Committee on the status of its ``Closer to Zero Action
Plan'' to reduce toxic elements such as lead, arsenic, cadmium
and mercury in children's food. The update shall include, but
not be limited to, how it defines children's food, how it will
consider the cumulative effect of lead, arsenic, cadmium, and
mercury when setting action levels, how it determines if a
limit is feasible, explanation for any deadlines it set in the
plan, and how it plans to ensure compliance with the action
levels and timeline for finalizing the action levels for lead,
arsenic, and cadmium. The briefing shall occur within 120 days
of enactment. Furthermore, The Committee provides an additional
$7,000,000 for the FDA's Closer to Zero program to continue
expeditious development of action levels and provide guidance
on best practices for reducing and eliminating toxic heavy
metals in infant and toddler foods.
Cloud.--The Committee notes the increased adoption of
cloud-based technologies by FDA-regulated companies, the
innovations facilitated via cloud for improved product
development, and the value of additional FDA guidance on the
use of cloud throughout the product lifecycle. The Committee
instructs FDA to continue to explore mechanisms to support this
shift and to ensure robust public input, including from
regulated companies and cloud technology vendors.
Conflicts of Interest Determinations.--Not later than 60
days after the date of enactment of this Act, the Committee
requests a briefing on how the FDA determines conflicts of
interest for third party contractors hired to assist in the
development of regulatory frameworks.
Contraceptives.--The Committee recognizes FDAs ongoing
efforts towards updating its Birth Control Chart and website
and awaits its completion.
Cosmetic Fragrance.--The Committee remains concerned about
the negative impacts on human health of certain chemicals used
to impart fragrance and flavor in cosmetics. The Committee
requests FDA provide a report to Congress, not later than two
years after the enactment of this Act, on the resources FDA
would need to develop a database of publicly available safety
data for fragrance and flavor allergens currently in used in
cosmetics.
COVID-19 Vaccines.--To better understand the role of the
immune response on the effectiveness and duration of vaccines
for COVID-19 and other diseases, FDA is encouraged to support
collaborative research with the National Institutes of Health,
universities, and industry, and when relevant, the collection
of cellular immunity data, in addition to serology data, in its
evaluation of such medical products. FDA is directed to report
on the status of this collaborative research within one year of
the enactment of this Act.
Dairy Standard of Identity.--The Committee is pleased that
the FDA has begun a deliberative process to review how it will
enforce the standards of identity for dairy products in the
Code of Federal Regulations. The Committee continues to hear
concerns with the labeling of certain foods and beverages as
dairy products when the products are plant-based rather than
derived from an animal. As such, the Committee urges the FDA to
continue its work toward ultimately enforcing standards of
identity for dairy products.
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 (PCAC).--The Committee recognizes that the
PCAC 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.
Duchenne Muscular Dystrophy.--In order to increase study
power and minimize time on placebo in clinical trials longer
than one year for potential Duchenne Muscular Dystrophy
therapies, the Committee urges FDA to convene a multi-
stakeholder meeting to evaluate the use of external controls.
The Committee also encourages FDA to explore the use of
external control arms in novel trial designs. In addition, the
Committee is aware of the 2018 Guidance on developing therapies
for Duchenne Muscular Dystrophy and related dystrophinopathies.
Given the potential that gene therapies may hold to treat these
devastating diseases, the Committee urges FDA to consider
whether the 2018 Guidance should be modified to reflect these
developments. Any such effort should involve the relevant
experts at both CBER and CDER.
Ensuring Access to Self-Care Options.--The Committee urges
the FDA to consider ways in which the Rx-to-OTC switch pathway
could be modernized to increase its effectiveness for
consumers, including by fostering a least burdensome approach
to regulations and supporting flexible and pragmatic risk-
benefit assessments, while maintaining the Agency's high
standards for safety and efficiency. The Committee directs FDA
to provide greater transparency into the timeliness of its
review of products under this pathway, and provide a report on
the Agency's performance in meeting Prescription Drug User Fee
Act goals for relevant over-the-counter applications for the
previous five fiscal years, inclusive of the Agency's time
requirements to grant meetings from when the sponsor originates
a request, and provide data by fiscal year on the number and
type of medications that have been transitioned, and under
which pathway, from prescription to over-the-counter status.
Ethylene Oxide.--The Committee is aware that FDA has worked
with stakeholders to create master files to facilitate
reduction or elimination of the use of ethylene oxide to
sterilize medical devices. The Committee urges the agency to
increase efforts to make stakeholders aware of the existence
and benefits of these master files and alternative
sterilization methods.
FDA Budget Document.--The FDA budget document has become
unwieldy, running around 400 pages and providing a lot of
information that is not directly relevant to the budget request
itself. The 2023 budget for Foods, for example, contains 24
pages of ``accomplishments'' before the budget presentation.
The budget presentation must always be the first item under
each budget topic. The Committee directs FDA to radically
revise its budget presentation so that it follows the same
format as USDA agency budgets. The Committee will work with FDA
on this during the year.
Food Labeling Accuracy.--The Committee requests the Center
for Food Safety and Applied Nutrition (CFSAN) to evaluate
whether artificial intelligence (AI) driven audit tools can
effectively assess food labeling accuracy and facilitate
greater federal labeling compliance. The Committee believes
that AI-driven tools will accelerate CFSAN's goal of ensuring
the accuracy of food labeling and that food labels are truthful
and not misleading. The Committee directs CFSAN to brief the
Committee within 180 days of enactment on the status of its
evaluation.
Food Labeling Enforcement.--The Committee is concerned that
in the spring of 2020 the FDA issued emergency guidance to
industry suspending enforcement of menu labeling and Nutrition
Facts and allowing food manufacturers to make formulation
changes to packaged foods without notice to consumers. These
guidance documents were issued in final form without public
comment, and create uncertainty for consumers, particularly
consumers with food allergies, who have no way of knowing when
substitutions of ingredients may have occurred. The Committee
directs the FDA to resume enforcement of food labeling rules
suspended during the COVID-19 pandemic.
Foreign Unannounced Inspections Pilots.--The Committee
provides an additional $1,500,000 to continue implementing
these pilots. The Committee reminds FDA of direction included
in the fiscal year 2022 bill on the Committee's intent for the
use of these funds. The Committee directs FDA to provide
monthly briefings on its efforts to implement these funds in
accordance with the Committee's intent.
Front of Package Labeling.--The Committee is concerned with
elevated rates of diet-related disease and urges the FDA to
explore issuing regulations requiring mandatory labeling to
appear on the front of package for food products, allowing
consumers to quickly assess the healthfulness of foods.
Gluten.--The Committee is aware that celiac disease is a
serious, genetic autoimmune disorder, affecting nearly 3
million Americans, in which ingesting gluten causes damage to
the villi of the small intestine. The only treatment is the
total elimination of gluten containing products. In 2017, FDA
issued Draft Guidance encouraging drug manufacturers to
disclose the presence of gluten. While some manufacturers have
taken this step, it has not been implemented consistently. This
may lead consumers to face continued uncertainty about whether
their medicine will do more harm than good. The Committee
continues to encourage FDA to consider docket comments received
from stakeholders, including consumers, and to work
expeditiously to publish a final guidance document.
Hand Sanitizer Safety.--The Committee appreciates FDA's
ongoing efforts to remove unsafe hand sanitizer products from
the market and recognizes FDA's website provides information
and guidance to stakeholders on the risks of open refillable
hand sanitizer dispensers.
Heparin.--The Committee is concerned about the over-
reliance on foreign sourcing and manufacturing of
pharmaceutical drugs that cause supply chain problems that can
harm patients, including Heparin. The Committee encourages the
FDA to work with stakeholders on sourcing heparin domestically
and manufacturing biosynthetically.
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.''
Inflammatory Bowel Disease (IBD) Clinical Trials.--The
Committee commends the FDA's efforts to improve diversity and
patient-centricity in clinical trials and encourages the agency
to pursue this work in the area of IBD. The Committee
encourages FDA to continue dialogue with the IBD community to
address this and other barriers to trial participation,
including challenges around overall cost and compensation to
support patients who volunteer for trials.
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.
Invasive Species.--The Committee encourages the FDA to work
with other agencies, and stakeholders to better market food
offered for sale that is the product of a wild caught, invasive
species such as Northern Snakehead or Blue Catfish.
Listeria.--The Committee emphasizes reducing incidence of
foodborne illness as an important public health goal and
believes that coordinated and targeted resources are required
to appropriately assess and combat the public health risks of
foodborne pathogens. The Committee is aware that FDA is in the
process of finalizing industry guidance regarding Listeria
monocytogenes (Lm) in foods under their jurisdiction. The
Committee urges FDA to apply a risk-based approach and direct
its regulatory efforts toward high risk ready-to eat (RTE)
foods, those that support the growth of Lm. Additionally, the
Committee urges FDA to incorporate current scientific knowledge
regarding the public health impact of foods that do not support
growth of Lm. Recently published scientific research from food
safety and public health experts recommends a regulatory action
level of Lm for these low-risk foods. This regulatory approach
will encourage industry to adopt quantitative Lm testing
schemes and facilitate robust environmental monitoring
programs, and ultimately result in reductions in disease
incidence. The Committee encourages FDA to work with industry
stakeholders to gather supporting information and data to
assist with implementation of this Lm approach. Policies
reflecting these regulatory approaches align with other
international regulatory standards and restore a level playing
field for U.S. food processors in the global marketplace.
Local Petitions.--The Committee is concerned about CFSAN's
extreme delays in evaluating state and local petitions for
exemption from preemption by the Federal Food, Drug, and
Cosmetic Act's nutrition and menu labeling standards. The
agreement directs the FDA to report to the Committees not later
than 30 days after enactment of this Act the number of pending
exemption petitions before the FDA and the length of time these
petitions have been pending. The agreement further directs that
not later than 180 days the Agency shall update the Committee
on FDA's efforts to explore strategies to improve the
preemption exemption petition process.
Lupus.--The Committee is aware of barriers that have long
affected the development of therapeutics for lupus, a disease
that primarily targets women and disproportionately impacts
African Americans, Latinas, Native Americans, and Asian
Americans. The Committee is pleased that FDA participated in an
externally-led, patient-focused drug development meeting with
the lupus community and identified some of these barriers and
that potential treatments are now in clinical trials. The
Committee urges FDA to expedite its ongoing work with the lupus
community to develop solutions to identified barriers that will
accelerate development of new therapies.
Machine Learning.--The Committee encourages CDER to utilize
artificial intelligence and machine learning to enhance the
review process for drug repurposing candidates by leveraging
automated data collection, integration, and advanced
statistical methods. The Committee urges this work to be used
to ensure the regulatory process enables labeling or
supplements to currently authorized uses of previously approved
products.
Maple Syrup.--The Committee is aware of a petition
submitted to FDA and its counterpart in Canada proposing a
modern and uniform definition of maple syrup in the United
States and Canada. The Committee is concerned that the FDA has
yet taken action to address this petition, and urges the agency
to act on rulemaking.
Maternal Substance Use Disorders.--The Committee remains
concerned about increasing numbers of overdose deaths of
pregnant and postpartum individuals. The Committee encourages
FDA to collaborate with the Substance Abuse and Mental Health
Services Administration and relevant stakeholders on efforts to
address maternal substance use disorder.
Menstrual Products.--The Committee is concerned over the
potential danger of fragrance ingredients used in menstrual
products that are medical devices, such as menstrual pad and
tampon products, as these products are used frequently by
consumers without knowledge of the presence of these
ingredients, or an understanding of their potential harms. As
FDA does not currently hold a list of the potentially harmful
fragrance ingredients used in menstrual products, the Committee
directs the FDA to evaluate and, if necessary, list fragrance
allergens and other potentially harmful ingredients, through an
analysis of ingredients from relevant sources (e.g., in
existing lists and compendia). The Committee also directs FDA
to determine the concentrations of these fragrance ingredients
in menstrual products for which FDA recommends that
manufacturers disclose the presence of these fragrance
ingredients in menstrual product labeling.
Menu Labeling.--The Committee recognizes the substantial
increase in use of third-party platforms to order from
restaurants online, but notes that many chain restaurants do
not provide calorie information when posting their menus on
these platforms. The FDA has not updated its menu labeling
rules to conform with changes to the Nutrition Facts panel,
including adding information for added sugars in additional
nutrition information available on-site. The Committee strongly
urges the FDA to issue guidance for industry clarifying that
restaurants are required to post calorie information at the
online point of sale when using third-party platforms to post
menus online, and to issue regulations updating its menu
labeling rules to disclose added sugars in additional nutrition
information.
Naloxone Expanded Access.--The Committee supports FDA's
efforts to expand naloxone access for individuals with opioid
use disorder. The Committee is concerned about increasing
numbers of opioid overdose deaths for pregnant and postpartum
individuals. As FDA continues to carry out initiatives to
expand access to naloxone, the Committee encourages FDA to
consider opportunities to focus specifically on naloxone
availability and accessibility for pregnant and postpartum
individuals with opioid use disorder. The Committee encourages
FDA to collaborate with the Substance Abuse and Mental Health
Services Administration and relevant stakeholders on outreach
and education initiatives to address maternal opioid use
disorder.
Net Weights.--The Committee encourages FDA to continue
devoting appropriate efforts to address suspected economic
integrity issues, particularly with respect to net weights, and
treatment of seafood. The Committee believes short-weighted
labeled products are in violation of the law and that, despite
industry reporting such examples, FDA has not prioritized
enforcement. The Committee requests an update on its efforts to
enforce its net weight requirements with respect to seafood
products.
Neurological Conditions.--The Committee recognizes the
important work to bring innovative treatments to people living
with neurological conditions such as Guillain-Barre Syndrome
(GBS), Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
and Multifocal Motor Neuropathy (MMN) through strategic
partnerships. The Committee notes the recent externally-led
patient focused drug development meeting on CIDP and encourages
FDA to continue their collaboration with relevant stakeholders
and key regulators.
Niemann-Pick Type C.--The Committee encourages FDA to
continue to better understand Niemann-Pick Type C (NPC), a rare
progressive and universally fatal disease that impacts children
and young adults, by improving collaboration with NPC patients
and caregivers. The committee also encourages the FDA to work
in partnership with NPC experts, industry stakeholders, and the
patient community to ensure the viability of trials and
clinical development and to apply patient and caregiver
perspective when evaluating risk benefit of experimental
therapies that are already in use in the NPC community.
Non-Human Primates.--The Committee continues to encourage
the FDA to reduce primate testing, prioritize alternative
research methods to relocate primates to sanctuaries and
requests that a progress report continue to be included in the
FDA's annual budget justification.
Olive Oil Standards of Identity.--The Committee is aware
that the United States continues to be an important producer of
olive oils and one of the largest olive oil markets globally.
The Committee believes that the establishment of a uniform set
of standards would better protect and inform consumers, and
directs the FDA to continue to explore a Standard of Identity
for different grades of olive oil as required in H. Rpt. 116-
446 and provide an updated report to the Committees no later
than December 31, 2022.
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.
Orange Juice.--The Committee is concerned that pests,
disease and hurricanes are having a devastating impact on
Florida's citrus growers and processors. These circumstances
have resulted in a natural decline in the Brix level for
Florida's mature oranges, with no known adverse health
consequences for consumers. The Committee believes it is
necessary to provide for analytical deviation in the minimum
Brix level for pasteurized orange juice to account for these
naturally occurring growing conditions. The Committee
encourages USDA and FDA to expedite work with Florida citrus
growers and processors, and other stakeholders as necessary, to
consider additional flexibility by modernizing requirements for
pasteurized orange juice that better account for naturally-
occurring Brix variation.
Organ Preservation Solution Shortages and Transplant.--The
Committee is aware that certain solutions utilized within organ
perfusion and preservation devices, also known as preservation
solutions, are critical to ensure the viability of
transplantable organs through the process of transport and
storage. The Committee is aware of a significant shortage in
the availability of such solutions that arose during 2021 and
that continues to present challenges to obtaining necessary
supplies of such solutions in order to maximize the successful
transportation of organs for transplantation. These solution
shortages also have significant repercussions for organ
research activities. The Committee commends CDRH's activities
to increase the supply of these solutions through various
interventions and requests that the Center provide an update
within 90 days of enactment of this Act on the status of
preservation solution supply in the U.S. and additional
authorities, if any, that may be required to ensure their
continued supply.
Orphan Products Grants Program (OPGP).--The Committee
includes an additional $5,000,000 for the Orphan Products
Grants Program at FDA. The Committee notes that this increase
brings the total funding level within CDER for OPGP to
$24,000,000. In addition, the Committee notes that funding can
be used for ALS clinical trials and investments in regulatory
science to speed the approval of ALS treatments. The Committee
encourages FDA to increase the number of ALS clinical trials to
help expedite treatment developments, foster innovative trial
designs that complement and speed the FDA regulatory processes,
and enable natural history studies to understand ALS
progression and pathology more quickly. In addition, the
Committee directs FDA to increase engagement between government
agencies, such as FDA and NIH, and other entities such as
academic institutions and industry with respect to ALS and
other neurodegenerative diseases.
OTC Acetaminophen Dosing Information for Children.--The
Committee continues to be concerned that 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.
OTC Hearing Aids.--The Committee is encouraged by the FDA's
release of a proposed rulemaking to establish an over-the-
counter hearing aid category, which includes setting an
evidence-based maximum output level that ensures consumer
safety and that will allow consumers to access these products.
The Committee urges the FDA to maintain these essential
components of its proposed rule and finalize it as
expeditiously as possible to address this unmet need.
Outreach to Small Farmers.--The Committee expects CFSAN to
provide funding for critical outreach and training services at
not less than the level specified in the Fiscal Year 2022
agreement.
Patient Engagement.--The Committee supports the FDA's
efforts to implement policies to promote public access to
information about how patient experience information is
factored into the review of approved products. The Committee
encourages FDA to solicit information to identify patient
experience data standards that include specific tools for
screening, identification, reporting, consideration, and
labeling of patient experience data in clinical trials of a
drug or biologic.
Pediatric Cancer International Collaboration.--The
Committee encourages the FDA to engage more formally and
extensively with international entities to promote greater
collaboration between the U.S. and international partners
around pediatric cancer drug development.
Pediatric Inflammatory Bowel Disease (IBD).--The Committee
is aware of and encourages FDA to participate in ongoing
efforts within the IBD community to streamline the development
and approval of new pediatric IBD therapies and expand the
indications for therapies approved to treat IBD in adults to
children, particularly through innovative trial designs that
minimize the burden to pediatric patients and their caregivers
and through the use of real-world evidence to support
regulatory decision-making.
PFAS in Cosmetics.--The Committee remains concerned over
the effects of toxic chemicals used in cosmetics, including
per- and poly fluoroalkyl substances (PFAS) that have been
linked to serious health problems. To promote safety, the
Committee encourages FDA to examine the health effects of PFAS
chemicals and evaluate efforts to phase out their use in
cosmetic and personal care products.
PFAS in Food.--FDA should continue its work to investigate
PFAS in our national diet and in food packaging that contacts
food.
PFAS Testing.--FDA should upgrade its laboratory analytical
method for PFAS substances in food by expanding testing
capabilities to include additional PFAS analytes and expanding
the method to include additional foods. FDA should brief the
Committee on its plans and progress within 180 days of
enactment.
Plant Based Product Labeling.--The Committee is concerned
that the current labeling and marketing practices of some
plant-based alternatives to animal-derived foods have the
potential to cause consumer confusion. The Committee directs
the FDA to conduct a study to 1) better understand consumers'
attitudes, beliefs, perceptions, feelings, and motivations
relative to product composition, health attributes, and
labeling and 2) assess consumer perceptions of different terms
used on labeling of plant-based alternative products.
Polycystic Ovary Syndrome (PCOS).--The Committee is
concerned that there are no FDA-approved treatments specific to
polycystic ovary syndrome, one of the most common human
disorders, and the most common endocrine disorder in women. The
Committee recognizes the significant health burden of PCOS and
requests the FDA support an externally-led Patient-Focused Drug
Development meeting to hear perspectives from patients with
PCOS, its impact on patients' daily lives and their need for
specific therapeutic treatments. The Committee encourages an
FDA approval process that helps ensure patients' experiences,
perspectives, needs, and priorities are captured and
meaningfully incorporated into drug development and evaluation.
The Committee also encourages the FDA to engage practitioners
and scientists addressing the disorder, to gain a fuller
perspective on the needs and state of the field of PCOS.
Predictive Toxicology Roadmap.--The Committee is aware that
FDA published both the Predictive Toxicology Roadmap and the
2021 Advancing Regulatory Science at FDA: Focus Areas of
Regulatory Science reports. These documents note the importance
of transparency and new alternative methods. The Committee
directs FDA to report on its progress related to reliability,
reproducibility, and development related to new alternative
methods and the evaluation of the methods with which FDA is, or
has been, involved.
Pregnancy and Lactation Registries.--The Committee directs
FDA to provide a brief on its efforts to develop consensus
standards for pregnancy and lactation registries, including
common data elements, so that registry data can be
interoperable within and between such registries.
Prion Disease.--The Committee is concerned with the lack of
an FDA approved and validated test for prion diseases including
Creutzfeldt-Jakob Disease and Variant Creutzfeldt-Jakob
Disease, in human blood, cell, and tissue products. The
Committee understands that a test has been recently developed
to test for prion disease, but it has yet to be validated and
urges the FDA to work with the CDC to advance the development
of a validated test for prion disease.
RACE Implementation.--The Committee encourages FDA to hire
additional staff to fully implement the Research to Accelerate
Cures and Equity for Children (RACE) Act.
Rare Cancer Therapeutics.--The Committee urges FDA to
address gaps in the system, streamline resources, hire rare
cancer experts, help drug sponsors improve recruitment of rare
cancer patients through clinical trials that reduce barriers to
participation uniquely faced by rare cancer patients, low-
income patients, those living in rural communities, and people
of color, accelerate the development of rare cancer therapies
and advance the field of cancer research overall, mirroring the
efforts of the National Cancer Institute's Developmental
Therapeutics Program. FDA is directed to continue to build
lines of communications and processes between these two
agencies in order to expedite review of rare cancer therapies.
Rare Disease Cures Accelerator (RDCA).--The Committee
supports the goal of the RDCA to provide a more centralized
infrastructure and approach for understanding rare diseases,
developing ways to measure patient success in clinical trials
that are specifically relevant to rare conditions, and support
conducting clinical trials in rare disease populations. The
Committee encourages FDA to ensure the RDCA has robust funding.
Recruitment of Investigators.--The Committee directs FDA to
develop a strategy to broaden talent pipelines to recruit and
hire a wider array of multi-lingual STEM talent and identify
barriers to language training for current FDA investigators and
viable options to address these barriers, including by
prioritizing Minority Serving Institutions in talent
recruitment. This strategy should be shared with the
Appropriations Committee.
Saline Shortage.--The FDA recognizes the importance of
saline solution, which is delivered to patients through
intravenous (IV) pumps and is a critical input of the national
and global healthcare system. The Committee encourages the FDA
to expedite efforts related to new classes of resuscitation
fluids to help close the critical drug shortage gap related to
sodium chloride.
Seafood Product Labeling.--Concerns have been raised about
the labeling of certain foods as a fish or seafood product when
the products are highly-processed, plant-based foods rather
than derived from actual fish or seafood. The Committee directs
the FDA to provide clarity around the labeling of these foods
using seafood terminology to ensure they are held to the same
standards as actual seafood products to avoid consumer
confusion.
Shellfish.--The Committee is concerned about the European
Union's delay in removing the ban on processed molluscan
shellfish. These sterilized and shelf-stable products do not
have the same food safety concerns as live molluscan shellfish
and should never have been part of the EU ban. The Committee
directs the FDA to work with the European Commission on an
equivalence determination on processed molluscan shellfish
that, if positive, would remove the ban.
Shrimp Products.--The Committee commends and supports FDA's
ongoing efforts to implement and increase its oversight and the
regulation of the safety of shrimp products imported into the
United States as directed by Congress, which emphasized the
importance of increased sampling of import shipments,
investments in laboratory capabilities, data analytics, and the
establishment of regulatory partnership arrangements with the
top three countries exporting shrimp to the US. The Committee
urges FDA to continue the full development and implementation
of the shrimp pilot program including finalizing the
establishment of regulatory partnership arrangements. The
Committee provides an additional $1,000,000 for this activity.
Skin Lightening Products.--The Committee continues to be
concerned about the dangers of mercury and hydroquinone in skin
lightening products, particularly those that are
disproportionately targeted towards and used by minority men,
women and girls of color. The Committee continues to provide
resources to FDA's Office of Minority Health and Health Equity
to educate the public on the dangers of skin lightening
products containing mercury, hydroquinone and other toxic
chemicals, including partnering with community-based
organizations that have historically provided services to
ethnic communities on the issue of skin-lightening and chemical
exposures in the past. The FDA is directed to report back to
the Committee within 180 days of enactment of this Act
detailing how the funds provided for this work in fiscal year
2022 were spent, including the community-based organizations
they partnered with and vulnerable communities that were
reached out to and how those determinations were made, the
specific actions taken to educate the public about these
products, how they are evaluating the impact and success of
this public education, and any lessons learned that should be
given to the Committee.
Sodium.--The Committee recognizes the importance of
reducing sodium in the food supply to lower levels. The
Committee encourages FDA to develop an overall sodium
monitoring and evaluation plan detailing how industry
compliance with the short-term voluntary targets will be
monitored and evaluated including how FDA will identify data
sources, collect and analyze data, create a timeline for
assessments, and work with industry on voluntary compliance. As
part of this plan, the Committee encourages FDA to coordinate
with other government agencies, such as USDA and the Centers
for Disease Control and Prevention on these monitoring efforts
and instructs the FDA to set a timeline for the establishment
of interim and long-term voluntary targets that would aim to
fully bring sodium in the food supply to align with the Dietary
Guidelines for Americans recommendations. The Committee
provides $1,000,000 for this monitoring and evaluation plan.
Standard of Identity.--The Committee directs the FDA to
continue its work to modernize its standards of identity
regulations and ensure consumers are not being deceived or
misled by product labeling. The Committee supports FDA's case-
by-case approach to evaluating product labels considering terms
and representations used within the context of the entire
label, including qualification of any statements or names with
additional terms or information.
Sunscreen Regulation.--The Committee is aware that the FDA
has issued a proposed sunscreen order. The Committee encourages
FDA to educate stakeholders about its administrative order
process and ensure that any final order related to sunscreen
ingredients balances the value of currently marketed sunscreens
as a proven skin cancer prevention tool.
Traceback.--The Committee recognizes that the ability to
prevent, identify, and trace back contaminated products is
critical to containing food safety outbreaks, but that
challenges associated with tracing these products consistently
from the end-consumer through the supply chain continue to
persist. The Committee directs FDA to emphasize in final
rulemaking the importance of including consistent details
including critical tracking events and key data elements,
instead of prescribing the mechanism or technology by which the
information is shared through the supply chain. The Committee
also directs FDA to ensure these details are maintained from
the point of origination, creation, or transformation
throughout the supply chain. To avoid duplication, the FDA
shall clearly define traceability data requirements to
coordinate with existing trace back programs including the
range of recordkeeping systems utilized by industry, where
possible.
Tobacco Emissions Testing.--The Committee encourages FDA to
support research to improve evaluations of the chemical
composition of e-cigarette emissions.
Tobacco Report.--The Committee requests that FDA, within 90
days, provide a report that identifies the status of each
statutory requirement in the Tobacco Control Act which FDA was
supposed to implement. For those statutory requirements that
have not been implemented, the Committee requests that FDA
provide a detailed response explaining the delay and when the
requirements will be implemented.
Unapproved Cellular Therapies.--The Committee commends the
FDA for its recent enforcement actions against businesses
marketing unapproved cellular therapies. Despite these
enforcement actions, the number of businesses marketing
unapproved therapies continues to grow. The Committee requests
a report from the FDA on the outcomes of its enforcement
activities. The Committee encourages FDA to continue
prioritizing enforcement actions against businesses that
illicitly market unapproved products to patients and to
coordinate such actions with the Federal Trade Commission to
optimize its enforcement and consumer education activities.
Valley Fever.--The Committee notes that FDA decided in July
2020 not to add coccidioidomycosis, also known as Valley Fever,
to the list of tropical diseases under section 524 of the
Federal Food, Drug, and Cosmetic Act for purposes of PRV
eligibility. The Committee directs the FDA to consider any
additional data and information provided by subject matter
experts and other stakeholders to its public docket, and make a
new determination based on this additional information if
appropriate.
Vulnerabilities in Medical Device Supply Chain.--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 encourages the FDA to continue to work
with Congress to ensure it has the necessary tools and
resources to prevent shortages and maintain ample supply of
critical devices.
Wearable Products.--The Committee notes that advances in
the consumer wearable landscape hold great promise for
consumers seeking more control over their health and wellness,
but additional clarity is required from FDA regarding the
agency's regulatory approach to these products. The Committee
urges FDA to issue guidance and hold a public meeting to
address consumer wearable products that have the ability to
provide notifications and other information that may have
clinical relevance. The Committee further requests that FDA
brief the Committee within a year of enactment on the agency's
efforts to address this issue.
Youth E-cigarette Use.--The Committee remains deeply
concerned about data from the National Youth Tobacco Survey
showing more than 2 million youth use e-cigarettes and urges
FDA to use its full authority to address this serious public
health problem. The Committee urges FDA to promptly complete
its required premarket review of e-cigarettes and other deemed
tobacco products that remain on the market The Committee also
urges FDA to take enforcement action against all companies that
failed to file a premarket tobacco product application or
received a marketing denial order.
BUILDINGS AND FACILITIES
2022 appropriation.................................... $12,788,000
2023 budget estimate.................................. 30,788,000
Provided in the bill.................................. 16,000,000
Comparison:
2022 appropriation.................................. +3,212,000
2023 budget estimate................................ -14,788,000
COMMITTEE PROVISIONS
For Buildings and Facilities of the Food and Drug
Administration, the Committee provides $16,000,000.
FDA INNOVATION ACCOUNT, CURES ACT
2022 appropriation.................................... $50,000,000
2023 budget estimate.................................. 50,000,000
Provided in the bill.................................. 50,000,000
Comparison:
2022 appropriation.................................. - - -
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the FDA Innovation Account as authorized in the 21st
Century Cures Act, the Committee provides an appropriation of
$50,000,000.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
2022 appropriation.................................... $382,000,000
2023 budget estimate.................................. 249,000,000
Provided in the bill.................................. 365,000,000
Comparison:
2022 appropriation.................................. -17,000,000
2023 budget estimate................................ +116,000,000
COMMITTEE PROVISIONS
For the Commodity Futures Trading Commission, the Committee
provides an appropriation of $365,000,000.
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
2022 limitation....................................... ($84,200,000)
2023 budget estimate.................................. (88,500,000)
Provided in the bill.................................. (88,500,000)
Comparison:
2022 limitation..................................... +4,300,000
2023 budget estimate................................ - - -
COMMITTEE PROVISIONS
For the limitation on the expenses of the Farm Credit
Administration, the Committee provides $88,500,000.
Public/private partnerships.--The Committee recognizes the
value of public/private partnerships in financing rural
communities and facilities and also recognizes that the Farm
Credit Act of 1971, as amended, provides authority for Farm
Credit System institutions to make investments in vital rural
community facilities. The Committee recognizes that the Farm
Credit Administration's current approach to approving these
types of Farm Credit System investments on an individual basis
does not meet the needs of rural communities. The Farm Credit
Administration is encouraged to change its current process to
create a clear, programmatic approval process which enables
timely, comprehensive and cost effective rural community
facilities financing packages by allowing and expediting Farm
Credit System institutions' partnerships with community banks,
other financial institutions, and USDA.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The bill includes language regarding
passenger motor vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loans funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding fund
availability in the Agriculture Management Assistance program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses for the Farm Service Agency
and the Rural Development mission area.
Section 710.--The bill includes language prohibiting first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without graphics.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language requiring spend
plans.
Section 722.--The bill includes language regarding
electronically available information for prescribing healthcare
professionals.
Section 723.--The bill includes language regarding Rural
Development programs.
Section 724.--The bill includes language regarding USDA
loan program levels.
Section 725.--The bill includes language regarding credit
card refunds and rebates.
Section 726.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 727.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 728.--The bill includes language regarding new user
fees.
Section 729.--The bill includes language relating to blue
catfish.
Section 730.--The bill includes language relating to
overtime and holiday pay for FSIS inspectors.
Section 731.--The bill includes language regarding country
or regional audits.
Section 732.--The bill includes language related to Rural
Development Programs.
Section 733.--The bill includes language related to the
Animal Welfare Act.
Section 734.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 735.--The bill includes language regarding
lobbying.
Section 736.--The bill includes language related to
persistent poverty counties.
Section 737.--The bill includes language related to
investigational use of drugs or biological products.
Section 738.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 739.--The bill provides funding for grants to
enhance farming and ranching opportunities for military
veterans.
Section 740.--The bill includes language related to the
school breakfast program.
Section 741.--The bill includes language regarding hemp.
Section 742.--The bill provides funding for grants under
the section 12502 of Public Law 115-334.
Section 743.--The bill provides funding to carry out
section 3307 of Public Law 115-334.
Section 744.--The bill includes language related to
matching fund requirements.
Section 745.--The bill provides funding for a pilot program
related to multi-family housing borrowers.
Section 746.--The bill provides funding to carry out
section 4208 of Public Law 115-334.
Section 747.--The bill provides funding to carry out
section 12301 of Public Law 115-334.
Section 748.--The bill includes language related to potable
water.
Section 749.--The bill includes language regarding Food for
Peace.
Section 750.--The bill includes language regarding
facilities inspections.
Section 751.--The bill includes language relating to the
use of raw or processed poultry products from the People's
Republic of China in various domestic nutrition programs.
Section 752.--The bill includes language related to certain
school food lunch prices.
Section 753.--The bill provides funding for rural hospital
technical assistance.
Section 754.--The bill includes language related to
biotechnology risk assessment research.
Section 755.--The bill includes language related to
enforcement of the Animal Welfare Act.
Section 756.-- The bill provides funding to carry out
section 7209 of Public Law 115-334.
Section 757.--The bill includes language related to cotton
classing activities.
Section 758.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 759.--The bill includes language related to the
Agriculture Conservation Experiences Services Program.
Section 760.--The bill includes language related to the
ReConnect program.
Section 761.--The bill includes language related to the
Goodfellow Federal facility.
Section 762.--The bill includes language related to the
Federal Meat Inspection Act.
Section 763.--The bill includes language related to PFAS.
Sec. 764.--The bill includes language related to yogurt.
Sec. 765.--The bill includes language related to
administrative and operating expenses available for crop
insurance contracts.
Sec. 766.--The bill includes funding for agricultural
disasters in calendar year 2022.
Sec. 767.--The bill includes language related to frontline
grocery workers.
Sec. 768.--The bill includes language related to sponsors
located in Russia.
Sec. 769.--The bill includes language related to purchase
of U.S. agricultural land by certain foreign companies.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
Full Committee Votes
Pursuant to the provisions of clause 3(b) of rule XIII of
the House of Representatives, the results of each roll call
vote on an amendment or on the motion to report, together with
the names of those voting for and those against, are printed
below:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
Program Duplication
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following list includes the
transfers included in the accompanying bill:
Office of the Secretary.--The bill allows funds
within the ac- count to be transferred among the offices
included in the account, as well as reimbursements for certain
expenses and transfers out- side 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 al- lowing certain funds to be transferred to the
Foreign Agricultural Service Salaries and Expenses account for
information resource management activities.
Rural Development, Salaries and Expenses.--The
bill allows funds for the Rural Partners Network to be
transferred to other agencies of the Department.
Rural Housing Insurance Fund Program Account.--The
bill includes language allowing funds to be transferred from
the Multi-Family Housing Revitalization Program Account to this
account and for funds to be transferred from this account to
the Rural Development Salaries and Expenses account.
Rental Assistance Program.--The bill includes
language allowing funds to be transferred from the Multi-Family
Housing Revitalization Program Account to this account.
Intermediary Relending Program Fund Account.--The
bill provides funds in this account to be transferred to the
Rural Development Salaries and Expenses account.
Rural Electrification and Telecommunications
Program Account.--The bill provides funds in this account to be
transferred to the Rural Development Salaries and Expenses
account.
Child Nutrition Programs.--The bill includes
authority to transfer section 32 funds to these programs.
Foreign Agricultural Service, Salaries and
Expenses.--The bill allows for the transfer of funds from the
Commodity Credit Corporation Export Loan Program Account.
Commodity Credit Corporation Export Loans
Program.--The bill provides for transfer of funds to the
Foreign Agricultural Service and to the Farm Production and
Conservation Business Center, Salaries and Expenses account.
Food and Drug Administration, Salaries and
Expenses.--The bill allows funds to be transferred among
certain activities.
Food and Drug Administration, FDA Innovation
Account, Cures Act.--The bill allows funds to be transferred
from the 21st Century Cures Act to the Food and Drug
Administration, Salaries and Expenses account.
Commodity Futures Trading Commission.--The bill
allows certain funds to be transferred to a no-year account in
the Treasury.
General Provisions.--Section 702 of the bill
allows unobligated balances of discretionary funds to be
transferred to the Working Capital Fund. Section 761 of the
bill allows transfers to FSIS for certain expenses.
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:
There are no rescissions in the bill.
Disclosure of Earmarks and Congressionally Directed Spending Items
The following table is submitted in compliance with clause
9 of rule XXI, and lists the congressional earmarks (as defined
in paragraph (e) of clause 9) contained in the bill or in this
report. Neither the bill nor the report contain any limited tax
benefits or limited tariff benefits as defined in paragraphs
(f) or (g) of clause 9 of rule XXI.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 in-
cluded 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
ex- ceed the limitation on assessments by 10 percent with
notification to the Appropriations Committees and to allow
certain banks to ex- ceed the statutory cap on export
financing.
General Provisions.--
Section 701.--The bill includes language regarding
passenger motor vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loan funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding fund
availability in the Agriculture Management Assistance program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses for the Farm Service Agency
and the Rural Development mission area.
Section 710.--The bill includes language prohibiting first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without graphics.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language regarding spend
plans.
Section 722.--The bill includes language regardng
electronically available information for prescribing healthcare
professionals.
Section 723.--The bill includes language regarding Rural
Development programs.
Section 724.--The bill includes language regarding USDA
loan program levels.
Section 725.--The bill includes language regarding credit
card refunds and rebates.
Section 726.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 727.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 728.--The bill includes language new user fees.
Section 729.--The bill includes language regarding to blue
catfish.
Section 730.--The bill includes language relating to
overtime and holiday pay for FSIS inspectors.
Section 731.--The bill includes language regarding country
or regional audits.
Section 732.--The bill includes language related to Rural
Development Programs.
Section 733.--The bill includes language related to the
Animal Welfare Act.
Section 734.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 735.--The bill includes language regarding
lobbying.
Section 736.--The bill includes language related to
persistent poverty counties.
Section 737.--The bill includes language related to
investigational use of drugs or biological products.
Section 738.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 740.--The bill includes language related to the
school breakfast program.
Section 741.--The bill includes language regarding hemp.
Section 744.--The bill includes language related to
matching fund requirements.
Section 748.--The bill includes language related to potable
water.
Section 749.--The bill includes language regarding Food for
Peace.
Section 750.--The bill includes language regarding
facilities inspections.
Section 751.--The bill includes language relating to the
use of raw or processed poultry products from the People's
Republic of China in various domestic nutrition programs.
Section 752.--The bill includes language related to certain
school food lunch prices.
Section 754.--The bill includes language related to
biotechnology risk assessment research.
Section 755.--The bill includes language related to
enforcement of the Animal Welfare Act.
Section 758.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 759.--The bill includes language related to the
Agriculture Conservation Experiences Services Program.
Sec. 760.--The bill includes language related to the
ReConnect program.
Sec. 762.--The bill includes language related to the
Federal Meat Inspection Act.
Sec. 764.--The bill includes language related to yogurt.
Sec. 765.--The bill includes language related to
administrative and operating expenses available for crop
insurance contracts.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S6602Committee Hearings
Pursuant to clause 3(c)(6) of rule XIII of the Rules of the
House of Representatives, the following hearings were used to
develop or consider the bill:
The Subcommittee held an oversight hearing on March 29,
2022, entitled ``Oversight: Office of Inspector General, U.S.
Department of Agriculture.'' The Subcommittee received
testimony from:
Ms. Phyllis K. Fong, Inspector General, USDA
Office of Inspector General
Ms. Ann Coffey, Deputy Inspector General,
USDA Office of Inspector General
Mr. Gil H. Harden, Assistant Inspector
General for Audit, USDA Office of Inspector General
Ms. Jenny Rone, Assistant Inspector General
for Analytics and Innovation.
Mr. Kevin Tyrrell, Assistant Inspector
General for Investigations
The Subcommittee held an oversight hearing on April 28,
2022, entitled: ``Fiscal Year 2023 Budget Request for the
Department of Agriculture.'' The Subcommittee received
testimony from:
The Honorable Thomas J. Vilsack, Secretary,
the Department of Agriculture
Mr. John Rapp, Director of the Office of
Budget and Program Analysis, Department of Agriculture
The Subcommittee held a hearing on May 19, 2022, entitled
``Fiscal Year 2023 Budget Request for the Food and Drug
Administration.'' The Subcommittee received testimony from:
Mr. Robert M. Califf M.D., MACC,
Commissioner, Food and Drug Administration
The Subcommittee held a hearing on May 25, 2022, entitled
``The Infant Formula Crisis.'' The Subcommittee received
testimony from:
Ms. Sarah Chamberlin, Executive Director,
National PKU News
Ms. Ginger Carney, Director, Clinical
Nutrition at St. Jude Children's Research Hospital
Mr. Michael Gay, Owner and Manager, Food
Fresh
Mr. Brian Ronholm, Director of Food Policy,
Consumer Reports
The Subcommittee held a hearing on May 25, 2022, entitled
``Member Day.'' The Subcommittee received testimony from:
The Honorable James R. Baird
The Honorable Shontel M. Brown
The Honorable Kim Schrier
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
2022] For fiscal year 2023, 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 2022]
For fiscal year 2023, 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 2023] 2010
through 2024. The Secretary shall be entitled to receive the
funds and shall accept the funds, without further
appropriation.
* * * * * * *
BUDGETARY IMPACT OF THE FY 2023 AGRICULTURE, RURAL DEVELOPMENT, FOOD
AND DRUG PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE
PURSUANT TO SECTION 308(A) OF THE CONGRESSIONAL BUDGET ACT OF 1974
[In millions of dollars]
COMPARISON WITH BUDGET RESOLUTION
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocation under section 302(b) of the Budget
Act.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee
allocations to its subcommittees: Subcommittee
on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies
Discretionary............................... 27,200 30,800 27,200 \1\30,751
Mandatory................................... 189,364 179,563 189,364 \1\179,563
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
NOTE.-The amounts in this report do not include $5 million
in discretionary budget authority and $2 million in associated
outlays from amounts becoming available in fiscal year 2023
that were previously designated as being for an emergency
requirement pursuant to a concurrent resolution on the budget.
Consistent with the Congressional Budget Act of 1974, in the
House of Representatives such amounts do not count against the
Committee's allocation.
In addition, the amounts in this report do not include $50
million in discretionary budget authority and $64 million in
associated outlays provided for the purposes specified in the
21st Century Cures Act (Public Law 114-255). Pursuant to title
I of that act, such funding does not count for the purposes of
the Congressional Budget Act of 1974 or the Balanced Budget and
Emergency Deficit Control Act of 1985.
FIVE-YEAR OUTLAY PROJECTIONS
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(B) of the Congressional Budget Act of 1974, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill as
provided to the Committee by the Congressional Budget Office.
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
Projection of outlays associated with the recommendation:
2023................................................... \1\173,463
2024................................................... 7,275
2025................................................... 1,749
2026................................................... 896
2027 and future years.................................. 924
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and 51,330 43,581
local governments for 2023.......
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
We appreciate the collegial and collaborative efforts of
Subcommittee Chairman Bishop and Full Committee Chairwoman
DeLauro in producing the Fiscal Year 2023 Agriculture
appropriations bill. It addresses critical priorities of
Members on both sides of the aisle, including several
bipartisan priorities that support investments in rural high-
speed internet, water and wastewater infrastructure in rural
communities, and critical agricultural research. We generally
agree with the Majority on these and a number of other programs
and initiatives in the bill.
Unfortunately, due to concerns about current inflation
rates, unsustainable government-wide spending levels, and some
controversial policy provisions, we are unable to support the
bill as written at this time. The bill provides $27,200,000,000
in new discretionary budget authority for fiscal year 2023.
This record-high spending level for the bill is $2,075,000,000,
or 8 percent, above the fiscal year 2022 enacted level.
There are several controversial policy changes in the bill,
such as new and unauthorized bill language granting unlimited
spending in the fourth quarter of the year for the Supplemental
Nutrition Assistance Program (SNAP, formerly Food Stamps). This
type of major policy change in a mandatory spending program
under the jurisdiction of the Agriculture Committee should wait
for the next Farm Bill deliberations.
The bill also continues the increased benefit level for WIC
participants to purchase fruits and vegetables, a policy that
began as a one-time increase in the American Rescue Plan. While
we support the WIC program and ensuring that participants have
access to fruits and vegetables, this particular policy and
funding increase has not been discussed and agreed to by both
parties.
Unfortunately, the Majority rejected several Republican
amendments offered in Committee, which would have improved the
bill. One amendment would have held the Food and Drug
Administration accountable for admitting and correcting its
mistakes in the infant formula crisis. It would have withheld
30 percent of funding for the Office of the FDA Commissioner
until Congress received a report detailing the organizational
failures leading to the infant formula crisis and a plan on how
FDA will correct these deficiencies to prevent such a crisis in
the future. The Subcommittee held hearings on the infant
formula recall and shortages where Members on both sides of the
aisle expressed concern about the lack of leadership and
answers to this crisis. Instead of joining with Republicans to
support this amendment, the Majority's bill provides the FDA
with a 10 percent funding increase without any accountability
measures in place.
While we have several concerns with the bill at this stage
in the process, we are hopeful that we will be able to reach a
bipartisan and bicameral agreement on spending levels and
eliminate controversial policy changes.
We are confident that as this process moves forward, we can
continue working together to find bipartisan agreement on the
items that matter most.
Kay Granger.
Andy Harris, M.D.
[all]