Congressional Record, House, December 14, 2022 — Senate Amendments to H.R. 2617
Summary
Page H9790 of the House section of the Congressional Record for December 14, 2022. Under House Resolution 1518, H. Con. Res. 124 is considered adopted, directing the Clerk of the House of Representatives to make corrections in the enrollment of H.R. 2617, including striking all after the enacting clause through page 3, line 19 and striking Division C and all that follows. The text of the Senate amendments to H.R. 2617 includes a short title as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023, a provision on unmarketable crops and livestock related to PFAS contamination, and regulation text on exemptions for motion picture producing employees paid a base rate of at least $1,043 per week.
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“Congressional Record, House, December 14, 2022 — Senate Amendments to H.R. 2617.”
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H9790 CONGRESSIONAL RECORD — HOUSE December 14, 2022
drives a school van or monitors the students’ considered exempt work. The following fac- DIRECTING THE CLERK OF THE
behavior in a restaurant. tors should be considered in determining HOUSE OF REPRESENTATIVES
‘‘§ 541.704 Use of manuals whether such work is exempt work: Whether TO MAKE A CORRECTION IN THE
‘‘The use of manuals, guidelines or other the same work is performed by any of the ex-
ENROLLMENT OF H.R. 2617
established procedures containing or relat- empt employee’s subordinates; practicability
ing to highly technical, scientific, legal, fi- of delegating the work to a nonexempt em- The SPEAKER pro tempore. Pursu-
nancial or other similarly complex matters ployee; whether the exempt employee per- ant to House Resolution 1518, H. Con.
that can be understood or interpreted only forms the task frequently or occasionally; Res. 124 is considered adopted.
by those with advanced or specialized knowl- and existence of an industry practice for the
The text of the concurrent resolution
edge or skills does not preclude exemption exempt employee to perform the task.
is as follows:
under section 13(a)(1) of the Act or the regu- ‘‘§ 541.708 Combination exemptions
lations in this part. Such manuals and proce- H. CON. RES. 124
‘‘Employees who perform a combination of
dures provide guidance in addressing dif- exempt duties as set forth in the regulations Resolved by the House of Representatives (the
ficult or novel circumstances and thus use of in this part for executive, administrative, Senate concurring), That, in the enrollment of
such reference material would not affect an professional, øoutside sales¿ and computer the bill H.R. 2617, the Clerk of the House of
employee’s exempt status. The section employees may qualify for exemption. Thus, Representatives shall make the following
13(a)(1) exemptions are not available, how- for example, an employee whose primary corrections:
ever, for employees who simply apply well- duty involves a combination of exempt ad- (1) Strike all after the enacting clause
established techniques or procedures de- ministrative and exempt executive work through page 3, line 19 (the first sections 1
scribed in manuals or other sources within may qualify for exemption. In other words, and 2).
closely prescribed limits to determine the work that is exempt under one section of (2) Strike ‘‘Division C’’ and all that follows
correct response to an inquiry or set of cir- this part will not defeat the exemption under through the end.
cumstances. any other section.
‘‘§ 541.705 Trainees ø‘‘§ 541.709 Motion picture producing indus- f
‘‘The executive, administrative, profes- try
sional, øoutside sales¿ and computer em- ø‘‘The requirement that the employee be
ployee exemptions do not apply to employees PERFORMANCE ENHANCEMENT
paid ‘on a salary basis’ does not apply to an
training for employment in an executive, ad- employee in the motion picture producing REFORM ACT
ministrative, professional, øoutside sales¿ or industry who is compensated at a base rate The SPEAKER pro tempore. Pursu-
computer employee capacity who are not ac- of at least $1,043 per week (exclusive of ant to House Resolution 1518, the Sen-
tually performing the duties of an executive, board, lodging, or other facilities). Thus, an
administrative, professional, øoutside sales¿ ate amendments to H.R. 2617 numbered
employee in this industry who is otherwise
or computer employee. exempt under subparts B, C, or D of this
1, 2, 3, and 5 are considered as agreed
‘‘§ 541.706 Emergencies part, and who is employed at a base rate of to.
‘‘(a) An exempt employee will not lose the at least the applicable current minimum The Senate amendment number 4 to
exemption by performing work of a normally amount a week is exempt if paid a propor- H.R. 2617 is considered as agreed to
nonexempt nature because of the existence tionate amount (based on a week of not more with an amendment consisting of the
of an emergency. Thus, when emergencies than 6 days) for any week in which the em- text of Rules Committee Print 117–73.
arise that threaten the safety of employees, ployee does not work a full workweek for Senate amendments:
a cessation of operations or serious damage any reason. Moreover, an otherwise exempt
employee in this industry qualifies for ex- Ω1æOn page 3, line 12, strike øChief¿
to the employer’s property, any work per-
formed in an effort to prevent such results is emption if the employee is employed at a Ω2æOn page 3, line 12, strike øOffice¿ and in-
considered exempt work. daily rate under the following cir- sert: Officer of each agency
‘‘(b) An ‘emergency’ does not include oc- cumstances:¿ Ω3æOn page 3, line 17, after ‘‘equivalent)’’ in-
currences that are not beyond control or for ø‘‘(a) The employee is in a job category for sert: of that agency
which the employer can reasonably provide which a weekly base rate is not provided and Ω4æOn page 3, line 19, after ‘‘(5)’’ insert: for
in the normal course of business. Emer- the daily base rate would yield at least the that agency
gencies generally occur only rarely, and are minimum weekly amount if 6 days were Ω5æOn page 4, line 1, strike øHouse¿ and in-
events that the employer cannot reasonably worked; or¿ sert: Senate
anticipate. ø‘‘(b) The employee is in a job category The text of the House amendment to
‘‘(c) The following examples illustrate the having the minimum weekly base rate and
distinction between emergency work consid- the daily base rate is at least one-sixth of
Senate amendment No. 4 is as follows:
ered exempt work and routine work that is such weekly base rate.¿ HOUSE AMENDMENT TO SENATE AMENDMENT TO
not exempt work: ‘‘§ 541.709 <<Reserved.>> H.R. 2617
‘‘(1) øA mine superintendent who pitches in ‘‘§ 541.710 øEmployees of public agen- At the end of the matter inserted by the Sen-
after an explosion and digs out workers who cies¿<<Effect of certain deductions on ex- ate, insert the following: .’’.
are trapped in the mine is still a bona fide empt employee pay>> SECTION 1. SHORT TITLE.
executive.¿<<Reserved.>> ‘‘(a) An employee øof a public agency¿ who
‘‘(2) Assisting nonexempt employees with This Act may be cited as the ‘‘Agriculture,
otherwise meets the salary basis require- Rural Development, Food and Drug Administra-
their work during periods of heavy workload ments of §541.602 shall not be disqualified
or to handle rush orders is not exempt work. tion, and Related Agencies Appropriations Act,
from exemption under §541.100, 541.200, 541.300 2023’’.
‘‘(3) Replacing a nonexempt employee dur- or 541.400 on the basis that such employee is
ing the first day or partial day of an illness paid according to a pay system established SEC. 2. TABLE OF CONTENTS.
may be considered exempt emergency work by statute, ordinance or regulation, or by a The table of contents of this Act is as follows:
depending on factors such as the size of the policy or practice established pursuant to Sec. 1. Short Title.
øestablishment¿<<location>> and of the ex- principles of public accountability, under Sec. 2. Table of Contents.
ecutive’s department, the nature of the øin- which the employee accrues personal leave
dustry¿<<work performed by the employing Sec. 3. References.
and sick leave and which requires the øpublic Sec. 4. Statement of Appropriations.
office>>, the consequences that would flow agency¿ employee’s pay to be reduced or
from the failure to replace the ailing em- DIVISION A—AGRICULTURE, RURAL DE-
such employee to be placed on leave without
ployee immediately, and the feasibility of VELOPMENT, FOOD AND DRUG ADMINIS-
pay for absences for personal reasons or be-
filling the employee’s place promptly. TRATION, AND RELATED AGENCIES AP-
cause of illness or injury of less than one
‘‘(4) Regular repair and cleaning of equip- PROPRIATIONS ACT, 2023
work-day when accrued leave is not used by
ment is not emergency work, even when nec- an employee because: DIVISION B—WAYS & MEANS
essary to prevent fire or explosion; however, ‘‘(1) Permission for its use has not been DIVISION C
repairing equipment may be emergency work sought or has been sought and denied;
if the breakdown of or damage to the equip- SEC. 3. REFERENCES.
‘‘(2) Accrued leave has been exhausted; or
ment was caused by accident or carelessness ‘‘(3) The employee chooses to use leave Except as expressly provided otherwise, any
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that the employer could not reasonably an- without pay. reference to ‘‘this Act’’ contained in any divi-
ticipate. ‘‘(b) Deductions from the pay of an em- sion of this Act shall be treated as referring only
‘‘§ 541.707 Occasional tasks ployee øof a public agency¿ for absences due to the provisions of that division.
‘‘Occasional, infrequently recurring tasks to a budget-required furlough shall not dis- SEC. 4. STATEMENT OF APPROPRIATIONS.
that cannot practicably be performed by qualify the employee from being paid on a The following sums in this Act are appro-
nonexempt employees, but are the means for salary basis except in the workweek in which priated, out of any money in the Treasury not
an exempt employee to properly carry out the furlough occurs and for which the em- otherwise appropriated, for the fiscal year end-
exempt functions and responsibilities, are ployee’s pay is accordingly reduced.’’. ing September 30, 2023.
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December 14, 2022 CONGRESSIONAL RECORD — HOUSE H9791
DIVISION A—AGRICULTURE, RURAL DE- policy research under 7 U.S.C. 3155: Provided, 95–452; 5 U.S.C. App.) and section 1337 of the
VELOPMENT, FOOD AND DRUG ADMINIS- That of the amounts made available under this Agriculture and Food Act of 1981 (Public Law
TRATION, AND RELATED AGENCIES AP- heading, $500,000 shall be available to carry out 97–98).
PROPRIATIONS ACT, 2023 section 224 of subtitle A of the Department of OFFICE OF THE GENERAL COUNSEL
TITLE I Agriculture Reorganization Act of 1994 (7 U.S.C.
For necessary expenses of the Office of the
6924), as amended by section 12504 of Public
AGRICULTURAL PROGRAMS General Counsel, $62,137,000.
Law 115–334.
PROCESSING, RESEARCH, AND MARKETING OFFICE OF ETHICS
OFFICE OF HEARINGS AND APPEALS
OFFICE OF THE SECRETARY For necessary expenses of the Office of Ethics,
For necessary expenses of the Office of Hear-
(INCLUDING TRANSFERS OF FUNDS) $5,556,000.
ings and Appeals, $16,703,000.
For necessary expenses of the Office of the OFFICE OF THE UNDER SECRETARY FOR
OFFICE OF BUDGET AND PROGRAM ANALYSIS
Secretary, $69,845,000, of which not to exceed RESEARCH, EDUCATION, AND ECONOMICS
For necessary expenses of the Office of Budget
$8,432,000 shall be available for the immediate For necessary expenses of the Office of the
and Program Analysis, $16,967,000.
Office of the Secretary; not to exceed $1,396,000 Under Secretary for Research, Education, and
shall be available for the Office of Homeland Se- OFFICE OF THE CHIEF INFORMATION OFFICER Economics, $3,384,000: Provided, That funds
curity; not to exceed $5,190,000 shall be available For necessary expenses of the Office of the made available by this Act to an agency in the
for the Office of Tribal Relations; not to exceed Chief Information Officer, $93,284,000, of which Research, Education, and Economics mission
$11,287,000 shall be available for the Office of not less than $77,428,000 is for cybersecurity re- area for salaries and expenses are available to
Partnerships and Public Engagement, of which quirements of the department. fund up to one administrative support staff for
$1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to OFFICE OF THE CHIEF FINANCIAL OFFICER the Office: Provided further, That of the
exceed $28,822,000 shall be available for the Of- For necessary expenses of the Office of the amounts made available under this heading,
fice of the Assistant Secretary for Administra- Chief Financial Officer, $9,559,000. $2,000,000 shall be made available for the Office
tion, of which $27,116,000 shall be available for of the Chief Scientist.
Departmental Administration to provide for nec- OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
RIGHTS ECONOMIC RESEARCH SERVICE
essary expenses for management support serv-
For necessary expenses of the Office of the As- For necessary expenses of the Economic Re-
ices to offices of the Department and for general
sistant Secretary for Civil Rights, $1,466,000: search Service, $90,612,000.
administration, security, repairs and alter-
ations, and other miscellaneous supplies and ex- Provided, That funds made available by this Act NATIONAL AGRICULTURAL STATISTICS SERVICE
penses not otherwise provided for and necessary to an agency in the Civil Rights mission area for For necessary expenses of the National Agri-
for the practical and efficient work of the De- salaries and expenses are available to fund up cultural Statistics Service, $211,023,000, of which
partment: Provided, That funds made available to one administrative support staff for the Of- up to $66,361,000 shall be available until ex-
by this Act to an agency in the Administration fice. pended for the Census of Agriculture: Provided,
mission area for salaries and expenses are avail- OFFICE OF CIVIL RIGHTS That amounts made available for the Census of
able to fund up to one administrative support For necessary expenses of the Office of Civil Agriculture may be used to conduct Current In-
staff for the Office; not to exceed $4,609,000 shall Rights, $37,595,000. dustrial Report surveys subject to 7 U.S.C.
be available for the Office of Assistant Secretary 2204g(d) and (f).
for Congressional Relations and Intergovern- AGRICULTURE BUILDINGS AND FACILITIES
AGRICULTURAL RESEARCH SERVICE
mental Affairs to carry out the programs funded (INCLUDING TRANSFERS OF FUNDS)
SALARIES AND EXPENSES
by this Act, including programs involving inter- For payment of space rental and related costs
governmental affairs and liaison within the ex- pursuant to Public Law 92–313, including au- For necessary expenses of the Agricultural Re-
ecutive branch; and not to exceed $10,109,000 thorities pursuant to the 1984 delegation of au- search Service and for acquisition of lands by
shall be available for the Office of Communica- thority from the Administrator of General Serv- donation, exchange, or purchase at a nominal
tions: Provided further, That the Secretary of ices to the Department of Agriculture under 40 cost not to exceed $100, and for land exchanges
Agriculture is authorized to transfer funds ap- U.S.C. 121, for programs and activities of the where the lands exchanged shall be of equal
propriated for any office of the Office of the Department which are included in this Act, and value or shall be equalized by a payment of
Secretary to any other office of the Office of the for alterations and other actions needed for the money to the grantor which shall not exceed 25
Secretary: Provided further, That no appropria- Department and its agencies to consolidate percent of the total value of the land or interests
tion for any office shall be increased or de- unneeded space into configurations suitable for transferred out of Federal ownership,
creased by more than 5 percent: Provided fur- release to the Administrator of General Services, $1,737,629,000: Provided, That appropriations
ther, That not to exceed $22,000 of the amount and for the operation, maintenance, improve- hereunder shall be available for the operation
made available under this paragraph for the im- ment, and repair of Agriculture buildings and and maintenance of aircraft and the purchase
mediate Office of the Secretary shall be avail- facilities, and for related costs, $68,858,000, to of not to exceed one for replacement only: Pro-
able for official reception and representation ex- remain available until expended. vided further, That appropriations hereunder
penses, not otherwise provided for, as deter- shall be available pursuant to 7 U.S.C. 2250 for
HAZARDOUS MATERIALS MANAGEMENT
mined by the Secretary: Provided further, That the construction, alteration, and repair of build-
(INCLUDING TRANSFERS OF FUNDS) ings and improvements, but unless otherwise
the amount made available under this heading
for Departmental Administration shall be reim- For necessary expenses of the Department of provided, the cost of constructing any one build-
bursed from applicable appropriations in this Agriculture, to comply with the Comprehensive ing shall not exceed $500,000, except for
Act for travel expenses incident to the holding Environmental Response, Compensation, and headhouses or greenhouses which shall each be
of hearings as required by 5 U.S.C. 551–558: Pro- Liability Act (42 U.S.C. 9601 et seq.) and the limited to $1,800,000, except for 10 buildings to be
vided further, That funds made available under Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), constructed or improved at a cost not to exceed
this heading for the Office of the Assistant Sec- $8,581,000, to remain available until expended: $1,100,000 each, and except for four buildings to
retary for Congressional Relations and Inter- Provided, That appropriations and funds avail- be constructed at a cost not to exceed $5,000,000
governmental Affairs shall be transferred to able herein to the Department for Hazardous each, and the cost of altering any one building
agencies of the Department of Agriculture fund- Materials Management may be transferred to during the fiscal year shall not exceed 10 per-
ed by this Act to maintain personnel at the any agency of the Department for its use in cent of the current replacement value of the
agency level: Provided further, That no funds meeting all requirements pursuant to the above building or $500,000, whichever is greater: Pro-
made available under this heading for the Office Acts on Federal and non-Federal lands. vided further, That appropriations hereunder
of Assistant Secretary for Congressional Rela- OFFICE OF SAFETY, SECURITY, AND PROTECTION shall be available for entering into lease agree-
tions may be obligated after 30 days from the ments at any Agricultural Research Service lo-
For necessary expenses of the Office of Safety,
date of enactment of this Act, unless the Sec- cation for the construction of a research facility
Security, and Protection, $21,800,000.
retary has notified the Committees on Appro- by a non-Federal entity for use by the Agricul-
OFFICE OF INSPECTOR GENERAL tural Research Service and a condition of the
priations of both Houses of Congress on the al-
location of these funds by USDA agency: Pro- For necessary expenses of the Office of In- lease shall be that any facility shall be owned,
vided further, That during any 30 day notifica- spector General, including employment pursu- operated, and maintained by the non-Federal
tion period referenced in section 716 of this Act, ant to the Inspector General Act of 1978 (Public entity and shall be removed upon the expiration
the Secretary of Agriculture shall take no action Law 95–452; 5 U.S.C. App.), $111,061,000, includ- or termination of the lease agreement: Provided
to begin implementation of the action that is ing such sums as may be necessary for con- further, That the limitations on alterations con-
subject to section 716 of this Act or make any tracting and other arrangements with public tained in this Act shall not apply to moderniza-
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public announcement of such action in any agencies and private persons pursuant to sec- tion or replacement of existing facilities at Belts-
form. tion 6(a)(9) of the Inspector General Act of 1978 ville, Maryland: Provided further, That appro-
(Public Law 95–452; 5 U.S.C. App.), and includ- priations hereunder shall be available for grant-
EXECUTIVE OPERATIONS
ing not to exceed $125,000 for certain confiden- ing easements at the Beltsville Agricultural Re-
OFFICE OF THE CHIEF ECONOMIST tial operational expenses, including the pay- search Center: Provided further, That the fore-
For necessary expenses of the Office of the ment of informants, to be expended under the going limitations shall not apply to replacement
Chief Economist, $30,181,000, of which $8,000,000 direction of the Inspector General pursuant to of buildings needed to carry out the Act of April
shall be for grants or cooperative agreements for the Inspector General Act of 1978 (Public Law 24, 1948 (21 U.S.C. 113a): Provided further, That
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H9792 CONGRESSIONAL RECORD — HOUSE December 14, 2022
appropriations hereunder shall be available for titled ‘‘National Institute of Food and Agri- safety: Provided, That of amounts available
granting easements at any Agricultural Re- culture, Extension Activities’’ in the report ac- under this heading for wildlife services methods
search Service location for the construction of a companying this Act: Provided, That funds for development, $1,000,000 shall remain available
research facility by a non-Federal entity for use extension services at 1994 institutions and for until expended: Provided further, That of
by, and acceptable to, the Agricultural Research facility improvements at 1890 institutions shall amounts available under this heading for the
Service and a condition of the easements shall remain available until expended: Provided fur- screwworm program, $4,990,000 shall remain
be that upon completion the facility shall be ac- ther, That institutions eligible to receive funds available until expended; of which $24,527,000,
cepted by the Secretary, subject to the avail- under 7 U.S.C. 3221 for cooperative extension re- to remain available until expended, shall be
ability of funds herein, if the Secretary finds ceive no less than $1,000,000: Provided further, used to carry out the science program and tran-
that acceptance of the facility is in the interest That funds for cooperative extension under sec- sition activities for the National Bio and Agro-
of the United States: Provided further, That tions 3(b) and (c) of the Smith-Lever Act (7 defense Facility located in Manhattan, Kansas:
funds may be received from any State, other po- U.S.C. 343(b) and (c)) and section 208(c) of Pub- Provided further, That no funds shall be used to
litical subdivision, organization, or individual lic Law 93–471 shall be available for retirement formulate or administer a brucellosis eradication
for the purpose of establishing or operating any and employees’ compensation costs for extension program for the current fiscal year that does not
research facility or research project of the Agri- agents. require minimum matching by the States of at
cultural Research Service, as authorized by law. INTEGRATED ACTIVITIES least 40 percent: Provided further, That this ap-
propriation shall be available for the purchase,
BUILDINGS AND FACILITIES For the integrated research, education, and
replacement, operation, and maintenance of air-
For the acquisition of land, construction, re- extension grants programs, including necessary
craft: Provided further, That in addition, in
pair, improvement, extension, alteration, and administrative expenses, $39,500,000, which shall
emergencies which threaten any segment of the
purchase of fixed equipment or facilities as nec- be for the purposes, and in the amounts, speci-
agricultural production industry of the United
essary to carry out the agricultural research fied in the table titled ‘‘National Institute of
States, the Secretary may transfer from other
programs of the Department of Agriculture, Food and Agriculture, Integrated Activities’’ in appropriations or funds available to the agen-
where not otherwise provided, $57,305,000 to re- the report accompanying this Act: Provided, cies or corporations of the Department such
main available until expended, of which That funds for the Food and Agriculture De- sums as may be deemed necessary, to be avail-
$25,900,000 shall be for the purposes, and in the fense Initiative shall remain available until Sep- able only in such emergencies for the arrest and
amounts, specified for this account in the table tember 30, 2024: Provided further, That notwith- eradication of contagious or infectious disease
titled ‘‘Community Project Funding’’ in the re- standing any other provision of law, indirect or pests of animals, poultry, or plants, and for
port accompanying this Act. costs shall not be charged against any Exten- expenses in accordance with sections 10411 and
sion Implementation Program Area grant 10417 of the Animal Health Protection Act (7
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
awarded under the Crop Protection/Pest Man- U.S.C. 8310 and 8316) and sections 431 and 442
RESEARCH AND EDUCATION ACTIVITIES agement Program (7 U.S.C. 7626). of the Plant Protection Act (7 U.S.C. 7751 and
For payments to agricultural experiment sta- OFFICE OF THE UNDER SECRETARY FOR 7772), and any unexpended balances of funds
tions, for cooperative forestry and other re- MARKETING AND REGULATORY PROGRAMS transferred for such emergency purposes in the
search, for facilities, and for other expenses, For necessary expenses of the Office of the preceding fiscal year shall be merged with such
$1,142,021,000, which shall be for the purposes, Under Secretary for Marketing and Regulatory transferred amounts: Provided further, That ap-
and in the amounts, specified in the table titled Programs, $1,617,000: Provided, That funds propriations hereunder shall be available pursu-
‘‘National Institute of Food and Agriculture, made available by this Act to an agency in the ant to law (7 U.S.C. 2250) for the repair and al-
Research and Education Activities’’ in the re- Marketing and Regulatory Programs mission teration of leased buildings and improvements,
port accompanying this Act: Provided, That area for salaries and expenses are available to but unless otherwise provided the cost of alter-
funds for research grants for 1994 institutions, fund up to one administrative support staff for ing any one building during the fiscal year shall
education grants for 1890 institutions, Hispanic the Office. not exceed 10 percent of the current replacement
serving institutions education grants, capacity
ANIMAL AND PLANT HEALTH INSPECTION SERVICE value of the building.
building for non-land-grant colleges of agri- In fiscal year 2023, the agency is authorized to
culture, the agriculture and food research ini- SALARIES AND EXPENSES
collect fees to cover the total costs of providing
tiative, veterinary medicine loan repayment, (INCLUDING TRANSFERS OF FUNDS)
technical assistance, goods, or services requested
multicultural scholars, graduate fellowship and For necessary expenses of the Animal and by States, other political subdivisions, domestic
institution challenge grants, grants management Plant Health Inspection Service, including up to and international organizations, foreign govern-
systems, tribal colleges education equity grants, $30,000 for representation allowances and for ex- ments, or individuals, provided that such fees
and scholarships at 1890 institutions shall re- penses pursuant to the Foreign Service Act of are structured such that any entity’s liability
main available until expended: Provided fur- 1980 (22 U.S.C. 4085), $1,164,209,000, of which for such fees is reasonably based on the tech-
ther, That each institution eligible to receive $530,000, to remain available until expended, nical assistance, goods, or services provided to
funds under the Evans-Allen program receives shall be available for the control of outbreaks of the entity by the agency, and such fees shall be
no less than $1,000,000: Provided further, That insects, plant diseases, animal diseases and for reimbursed to this account, to remain available
funds for education grants for Alaska Native control of pest animals and birds (‘‘contingency until expended, without further appropriation,
and Native Hawaiian-serving institutions be fund’’) to the extent necessary to meet emer- for providing such assistance, goods, or services.
made available to individual eligible institutions gency conditions; of which $15,950,000, to re-
BUILDINGS AND FACILITIES
or consortia of eligible institutions with funds main available until expended, shall be used for
awarded equally to each of the States of Alaska the cotton pests program, including for cost For plans, construction, repair, preventive
and Hawaii: Provided further, That funds for share purposes or for debt retirement for active maintenance, environmental support, improve-
providing grants for food and agricultural eradication zones; of which $39,183,000, to re- ment, extension, alteration, and purchase of
sciences for Alaska Native and Native Hawai- main available until expended, shall be for Ani- fixed equipment or facilities, as authorized by 7
ian-Serving institutions and for Insular Areas mal Health Technical Services; of which U.S.C. 2250, and acquisition of land as author-
shall remain available until September 30, 2024: $4,096,000 shall be for activities under the au- ized by 7 U.S.C. 2268a, $3,175,000, to remain
Provided further, That funds for education thority of the Horse Protection Act of 1970, as available until expended.
grants for 1890 institutions shall be made avail- amended (15 U.S.C. 1831); of which $64,930,000, AGRICULTURAL MARKETING SERVICE
able to institutions eligible to receive funds to remain available until expended, shall be MARKETING SERVICES
under 7 U.S.C. 3221 and 3222: Provided further, used to support avian health; of which For necessary expenses of the Agricultural
That not more than 5 percent of the amounts $4,251,000, to remain available until expended, Marketing Service, $242,913,000, of which
made available by this or any other Act to carry shall be for information technology infrastruc- $7,504,000 shall be available for the purposes of
out the Agriculture and Food Research Initia- ture; of which $219,698,000, to remain available section 12306 of Public Law 113–79: Provided,
tive under 7 U.S.C. 3157 may be retained by the until expended, shall be for specialty crop pests; That of the amounts made available under this
Secretary of Agriculture to pay administrative of which, $14,986,000, to remain available until heading, $25,000,000, to remain available until
costs incurred by the Secretary in carrying out expended, shall be for field crop and rangeland expended, shall be to carry out section 12513 of
that authority. ecosystem pests; of which $24,067,000, to remain Public Law 115–334: Provided further, That this
NATIVE AMERICAN INSTITUTIONS ENDOWMENT available until expended, shall be for zoonotic appropriation shall be available pursuant to law
FUND disease management; of which $44,117,000, to re- (7 U.S.C. 2250) for the alteration and repair of
main available until expended, shall be for buildings and improvements, but the cost of al-
For the Native American Institutions Endow-
emergency preparedness and response; of which tering any one building during the fiscal year
ment Fund authorized by Public Law 103–382 (7
$62,562,000, to remain available until expended, shall not exceed 10 percent of the current re-
SSpencer on DSK126QN23PROD with HOUSE
U.S.C. 301 note), $11,880,000, to remain available
shall be for tree and wood pests; of which placement value of the building.
until expended.
$6,528,000, to remain available until expended, Fees may be collected for the cost of standard-
EXTENSION ACTIVITIES shall be for the National Veterinary Stockpile; ization activities, as established by regulation
For payments to States, the District of Colum- of which up to $1,500,000, to remain available pursuant to law (31 U.S.C. 9701), except for the
bia, Puerto Rico, Guam, the Virgin Islands, Mi- until expended, shall be for the scrapie program cost of activities relating to the development or
cronesia, the Northern Marianas, and American for indemnities; of which $2,500,000, to remain maintenance of grain standards under the
Samoa, $586,502,000, which shall be for the pur- available until expended, shall be for the wild- United States Grain Standards Act, 7 U.S.C. 71
poses, and in the amounts, specified in the table life damage management program for aviation et seq.
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December 14, 2022 CONGRESSIONAL RECORD — HOUSE H9793
LIMITATION ON ADMINISTRATIVE EXPENSES TITLE II fiscal year that the Administrator of the Farm
FARM PRODUCTION AND CONSERVATION Service Agency deems to exceed or not meet the
Not to exceed $62,596,000 (from fees collected) amount needed for the county committees may
PROGRAMS
shall be obligated during the current fiscal year be transferred to or from the Farm Service Agen-
for administrative expenses: Provided, That if OFFICE OF THE UNDER SECRETARY FOR FARM
PRODUCTION AND CONSERVATION cy for necessary expenses: Provided further,
crop size is understated and/or other uncontrol- That none of the funds available to the Farm
lable events occur, the agency may exceed this For necessary expenses of the Office of the Service Agency shall be used to close Farm Serv-
limitation by up to 10 percent with notification Under Secretary for Farm Production and Con- ice Agency county offices: Provided further,
to the Committees on Appropriations of both servation, $1,727,000: Provided, That funds made That none of the funds available to the Farm
Houses of Congress. available by this Act to an agency in the Farm Service Agency shall be used to permanently re-
Production and Conservation mission area for locate county based employees that would result
FUNDS FOR STRENGTHENING MARKETS, INCOME, salaries and expenses are available to fund up
AND SUPPLY (SECTION 32)
in an office with two or fewer employees with-
to one administrative support staff for the Of- out prior notification and approval of the Com-
fice. mittees on Appropriations of both Houses of
(INCLUDING TRANSFERS OF FUNDS)
FARM PRODUCTION AND CONSERVATION BUSINESS Congress.
Funds available under section 32 of the Act of CENTER STATE MEDIATION GRANTS
August 24, 1935 (7 U.S.C. 612c), shall be used SALARIES AND EXPENSES
only for commodity program expenses as author- For grants pursuant to section 502(b) of the
(INCLUDING TRANSFERS OF FUNDS) Agricultural Credit Act of 1987, as amended (7
ized therein, and other related operating ex-
penses, except for: (1) transfers to the Depart- For necessary expenses of the Farm Produc- U.S.C. 5101–5106), $7,000,000.
ment of Commerce as authorized by the Fish tion and Conservation Business Center, GRASSROOTS SOURCE WATER PROTECTION
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); $257,684,000: Provided, That $60,228,000 of PROGRAM
(2) transfers otherwise provided in this Act; and amounts appropriated for the current fiscal year For necessary expenses to carry out wellhead
(3) not more than $21,501,000 for formulation pursuant to section 1241(a) of the Farm Security or groundwater protection activities under sec-
and administration of marketing agreements and Rural Investment Act of 1985 (16 U.S.C. tion 1240O of the Food Security Act of 1985 (16
and orders pursuant to the Agricultural Mar- 3841(a)) shall be transferred to and merged with U.S.C. 3839bb–2), $6,500,000, to remain available
keting Agreement Act of 1937 and the Agricul- this account. until expended.
tural Act of 1961 (Public Law 87–128). FARM SERVICE AGENCY DAIRY INDEMNITY PROGRAM
SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS)
PAYMENTS TO STATES AND POSSESSIONS
(INCLUDING TRANSFERS OF FUNDS) For necessary expenses involved in making in-
For payments to departments of agriculture, For necessary expenses of the Farm Service demnity payments to dairy farmers and manu-
bureaus and departments of markets, and simi- Agency, $1,229,396,000: Provided, That not more facturers of dairy products under a dairy in-
lar agencies for marketing activities under sec- than 50 percent of the funding made available demnity program, such sums as may be nec-
tion 204(b) of the Agricultural Marketing Act of under this heading for information technology essary, to remain available until expended: Pro-
1946 (7 U.S.C. 1623(b)), $1,235,000. related to farm program delivery may be obli- vided, That such program is carried out by the
gated until the Secretary submits to the Commit- Secretary in the same manner as the dairy in-
LIMITATION ON INSPECTION AND WEIGHING
tees on Appropriations of both Houses of Con- demnity program described in the Agriculture,
SERVICES EXPENSES
gress, and receives written or electronic notifica- Rural Development, Food and Drug Administra-
Not to exceed $55,000,000 (from fees collected) tion of receipt from such Committees of, a plan tion, and Related Agencies Appropriations Act,
shall be obligated during the current fiscal year for expenditure that (1) identifies for each 2001 (Public Law 106–387, 114 Stat. 1549A–12).
for inspection and weighing services: Provided, project/investment over $25,000 (a) the func- GEOGRAPHICALLY DISADVANTAGED FARMERS AND
That if grain export activities require additional tional and performance capabilities to be deliv- RANCHERS
supervision and oversight, or other uncontrol- ered and the mission benefits to be realized, (b)
For necessary expenses to carry out direct re-
lable factors occur, this limitation may be ex- the estimated lifecycle cost for the entirety of
imbursement payments to geographically dis-
ceeded by up to 10 percent with notification to the project/investment, including estimates for
advantaged farmers and ranchers under section
the Committees on Appropriations of both development as well as maintenance and oper-
1621 of the Food Conservation, and Energy Act
Houses of Congress. ations, and (c) key milestones to be met; (2) dem-
of 2008 (7 U.S.C. 8792), $3,000,000, to remain
onstrates that each project/investment is, (a)
available until expended.
OFFICE OF THE UNDER SECRETARY FOR FOOD consistent with the Farm Service Agency Infor-
mation Technology Roadmap, (b) being man- AGRICULTURAL CREDIT INSURANCE FUND
SAFETY
aged in accordance with applicable lifecycle PROGRAM ACCOUNT
For necessary expenses of the Office of the management policies and guidance, and (c) sub- (INCLUDING TRANSFERS OF FUNDS)
Under Secretary for Food Safety, $1,117,000: ject to the applicable Department’s capital plan- For gross obligations for the principal amount
Provided, That funds made available by this Act ning and investment control requirements; and of direct and guaranteed farm ownership (7
to an agency in the Food Safety mission area (3) has been reviewed by the Government Ac- U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941
for salaries and expenses are available to fund countability Office and approved by the Com- et seq.) loans, emergency loans (7 U.S.C. 1961 et
up to one administrative support staff for the mittees on Appropriations of both Houses of seq.), Indian tribe land acquisition loans (25
Office. Congress: Provided further, That the agency U.S.C. 5136), boll weevil loans (7 U.S.C. 1989),
FOOD SAFETY AND INSPECTION SERVICE shall submit a report by the end of the fourth guaranteed conservation loans (7 U.S.C. 1924 et
quarter of fiscal year 2023 to the Committees on seq.), relending program (7 U.S.C. 1936c), and
For necessary expenses to carry out services Appropriations of both Houses of Congress and Indian highly fractionated land loans (25 U.S.C.
authorized by the Federal Meat Inspection Act, the Government Accountability Office, that 5136) to be available from funds in the Agricul-
the Poultry Products Inspection Act, and the identifies for each project/investment that is tural Credit Insurance Fund, as follows:
Egg Products Inspection Act, including not to operational (a) current performance against key $3,500,000,000 for guaranteed farm ownership
exceed $10,000 for representation allowances and indicators of customer satisfaction, (b) current loans and $3,100,000,000 for farm ownership di-
for expenses pursuant to section 8 of the Act ap- performance of service level agreements or other rect loans; $2,118,491,000 for unsubsidized guar-
proved August 3, 1956 (7 U.S.C. 1766), technical metrics, (c) current performance anteed operating loans and $1,633,333,000 for di-
$1,180,364,000; and in addition, $1,000,000 may be against a pre-established cost baseline, (d) a de- rect operating loans; emergency loans,
credited to this account from fees collected for tailed breakdown of current and planned spend- $4,062,000; Indian tribe land acquisition loans,
the cost of laboratory accreditation as author- ing on operational enhancements or upgrades, $20,000,000; guaranteed conservation loans,
ized by section 1327 of the Food, Agriculture, and (e) an assessment of whether the investment $150,000,000; relending program, $61,426,000; In-
Conservation and Trade Act of 1990 (7 U.S.C. continues to meet business needs as intended as dian highly fractionated land loans, $5,000,000;
138f): Provided, That funds provided for the well as alternatives to the investment: Provided and for boll weevil eradication program loans,
Public Health Data Communication Infrastruc- further, That the Secretary is authorized to use $60,000,000: Provided, That the Secretary shall
ture system shall remain available until ex- the services, facilities, and authorities (but not deem the pink bollworm to be a boll weevil for
pended: Provided further, That no fewer than the funds) of the Commodity Credit Corporation the purpose of boll weevil eradication program
148 full-time equivalent positions shall be em- to make program payments for all programs ad- loans.
ployed during fiscal year 2023 for purposes dedi- ministered by the Agency: Provided further, For the cost of direct and guaranteed loans
cated solely to inspections and enforcement re- That other funds made available to the Agency and grants, including the cost of modifying
SSpencer on DSK126QN23PROD with HOUSE
lated to the Humane Methods of Slaughter Act for authorized activities may be advanced to loans as defined in section 502 of the Congres-
(7 U.S.C. 1901 et seq.): Provided further, That and merged with this account: Provided further, sional Budget Act of 1974, as follows: $249,000
this appropriation shall be available pursuant That of the amount appropriated under this for emergency loans, to remain available until
to law (7 U.S.C. 2250) for the alteration and re- heading, $696,594,000 shall be made available to expended; and $23,520,000 for direct farm oper-
pair of buildings and improvements, but the cost county committees, to remain available until ex- ating loans, $11,228,000 for unsubsidized guar-
of altering any one building during the fiscal pended: Provided further, That, notwith- anteed farm operating loans, $10,983,000 for the
year shall not exceed 10 percent of the current standing the preceding proviso, any funds made relending program, and $894,000 for Indian
replacement value of the building. available to county committees in the current highly fractionated land loans.
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H9794 CONGRESSIONAL RECORD — HOUSE December 14, 2022
In addition, for administrative expenses nec- thousand acres in which such activities can be TITLE III
essary to carry out the direct and guaranteed undertaken shall only apply for activities un- RURAL DEVELOPMENT PROGRAMS
loan programs, $326,461,000: Provided, That of dertaken for the primary purpose of flood pre- OFFICE OF THE UNDER SECRETARY FOR RURAL
this amount, $305,803,000 shall be transferred to vention (including structural and land treat- DEVELOPMENT
and merged with the appropriation for ‘‘Farm ment measures): Provided further, That of the For necessary expenses of the Office of the
Service Agency, Salaries and Expenses’’. amounts made available under this heading, Under Secretary for Rural Development,
Funds appropriated by this Act to the Agri- $10,000,000 shall be allocated to projects and ac- $1,620,000: Provided, That funds made available
cultural Credit Insurance Program Account for tivities that can commence promptly following by this Act to an agency in the Rural Develop-
farm ownership, operating and conservation di- enactment; that address regional priorities for ment mission area for salaries and expenses are
rect loans and guaranteed loans may be trans- flood prevention, agricultural water manage- available to fund up to one administrative sup-
ferred among these programs: Provided, That ment, inefficient irrigation systems, fish and port staff for the Office.
the Committees on Appropriations of both wildlife habitat, or watershed protection; or that
Houses of Congress are notified at least 15 days RURAL DEVELOPMENT
address authorized ongoing projects under the
in advance of any transfer. authorities of section 13 of the Flood Control SALARIES AND EXPENSES
RISK MANAGEMENT AGENCY Act of December 22, 1944 (Public Law 78–534) (INCLUDING TRANSFERS OF FUNDS)
SALARIES AND EXPENSES with a primary purpose of watershed protection For necessary expenses for carrying out the
by preventing floodwater damage and stabi- administration and implementation of Rural De-
For necessary expenses of the Risk Manage-
lizing stream channels, tributaries, and banks to velopment programs, including activities with
ment Agency, $75,443,000; of which $4,500,000
reduce erosion and sediment transport. institutions concerning the development and op-
shall be available to conduct research and de-
WATERSHED REHABILITATION PROGRAM eration of agricultural cooperatives; and for co-
velopment and carry out contracting and part-
operative agreements; $401,976,000: Provided,
nerships as described under subsections 522(c) Under the authorities of section 14 of the Wa-
That of the amount made available under this
and (d) of the Federal Crop Insurance Act, as tershed Protection and Flood Prevention Act,
heading, up to $5,000,000, to remain available
amended (7 U.S.C. 1522(c) and (d)), in addition $5,000,000 is provided.
until September 30, 2024, shall be for the Rural
to amounts otherwise provided for such pur- HEALTHY FORESTS RESERVE PROGRAM Partners Network activities of the Department
poses: Provided, That $1,000,000 of the amount For necessary expenses to carry out the of Agriculture, and may be transferred to other
appropriated under this heading in this Act Healthy Forests Reserve Program under the agencies of the Department for such purpose,
shall be available for compliance and integrity Healthy Forests Restoration Act of 2003 (16 consistent with the missions and authorities of
activities required under section 516(b)(2)(C) of U.S.C. 6571-6578), $10,000,000, to remain avail- such agencies: Provided further, That notwith-
the Federal Crop Insurance Act of 1938 (7 U.S.C. able until expended. standing any other provision of law, funds ap-
1516(b)(2)(C)), and shall be in addition to propriated under this heading may be used for
URBAN AGRICULTURE AND INNOVATIVE
amounts otherwise provided for such purpose: advertising and promotional activities that sup-
PRODUCTION
Provided further, That not to exceed $1,000 shall port Rural Development programs: Provided fur-
be available for official reception and represen- For necessary expenses to carry out the Urban
Agriculture and Innovative Production Program ther, That in addition to any other funds appro-
tation expenses, as authorized by 7 U.S.C. priated for purposes authorized by section 502(i)
1506(i). under section 222 of subtitle A of the Depart-
ment of Agriculture Reorganization Act of 1994 of the Housing Act of 1949 (42 U.S.C. 1472(i)),
NATURAL RESOURCES CONSERVATION SERVICE any amounts collected under such section, as
(7 U.S.C. 6923), as added by section 12302 of
CONSERVATION OPERATIONS
Public Law 115–334, $13,500,000. amended by this Act, will immediately be cred-
For necessary expenses for carrying out the ited to this account and will remain available
CORPORATIONS
provisions of the Act of April 27, 1935 (16 U.S.C. until expended for such purposes.
590a–f), including preparation of conservation The following corporations and agencies are RURAL HOUSING SERVICE
plans and establishment of measures to conserve hereby authorized to make expenditures, within
RURAL HOUSING INSURANCE FUND PROGRAM
soil and water (including farm irrigation and the limits of funds and borrowing authority
ACCOUNT
land drainage and such special measures for soil available to each such corporation or agency
and in accord with law, and to make contracts (INCLUDING TRANSFERS OF FUNDS)
and water management as may be necessary to
and commitments without regard to fiscal year For gross obligations for the principal amount
prevent floods and the siltation of reservoirs and
limitations as provided by section 104 of the of direct and guaranteed loans as authorized by
to control agricultural related pollutants); oper-
Government Corporation Control Act as may be title V of the Housing Act of 1949, to be avail-
ation of conservation plant materials centers;
necessary in carrying out the programs set forth able from funds in the rural housing insurance
classification and mapping of soil; dissemination
in the budget for the current fiscal year for such fund, as follows: $1,500,000,000 shall be for direct
of information; acquisition of lands, water, and
corporation or agency, except as hereinafter loans, $12,000,000 shall be for a single family
interests therein for use in the plant materials
provided. housing relending demonstration program for
program by donation, exchange, or purchase at
FEDERAL CROP INSURANCE CORPORATION FUND Native American Tribes, and $30,000,000,000
a nominal cost not to exceed $100 pursuant to
shall be for unsubsidized guaranteed loans;
the Act of August 3, 1956 (7 U.S.C. 2268a); pur- For payments as authorized by section 516 of
$28,000,000 for section 504 housing repair loans;
chase and erection or alteration or improvement the Federal Crop Insurance Act (7 U.S.C. 1516),
$150,000,000 for section 515 rental housing;
of permanent and temporary buildings; and op- such sums as may be necessary, to remain avail-
$300,000,000 for section 538 guaranteed multi-
eration and maintenance of aircraft, able until expended.
family housing loans; $10,000,000 for credit sales
$1,023,777,000, to remain available until Sep- COMMODITY CREDIT CORPORATION FUND of single family housing acquired property;
tember 30, 2024, of which up to $22,973,000 shall REIMBURSEMENT FOR NET REALIZED LOSSES $5,000,000 for section 523 self-help housing land
be for the purposes, and in the amounts, speci-
(INCLUDING TRANSFERS OF FUNDS) development loans; and $5,000,000 for section 524
fied for this account in the table titled ‘‘Commu-
For the current fiscal year, such sums as may site development loans.
nity Project Funding’’ in the report accom- For the cost of direct and guaranteed loans,
panying this Act: Provided further, That appro- be necessary to reimburse the Commodity Credit
Corporation for net realized losses sustained, including the cost of modifying loans, as defined
priations hereunder shall be available pursuant in section 502 of the Congressional Budget Act
to 7 U.S.C. 2250 for construction and improve- but not previously reimbursed, pursuant to sec-
tion 2 of the Act of August 17, 1961 (15 U.S.C. of 1974, as follows: section 502 loans, $55,650,000
ment of buildings and public improvements at shall be for direct loans; $3,948,000 shall be for
plant materials centers, except that the cost of 713a–11): Provided, That of the funds available
to the Commodity Credit Corporation under sec- a single family housing relending demonstration
alterations and improvements to other buildings program for Native American Tribes; section 504
and other public improvements shall not exceed tion 11 of the Commodity Credit Corporation
Charter Act (15 U.S.C. 714i) for the conduct of housing repair loans, $2,324,000; section 523 self-
$250,000: Provided further, That when buildings help housing land development loans, $267,000;
or other structures are erected on non-Federal its business with the Foreign Agricultural Serv-
ice, up to $5,000,000 may be transferred to and section 524 site development loans, $208,000; and
land, that the right to use such land is obtained repair, rehabilitation, and new construction of
as provided in 7 U.S.C. 2250a. used by the Foreign Agricultural Service for in-
formation resource management activities of the section 515 rental housing, $28,665,000: Provided,
WATERSHED AND FLOOD PREVENTION OPERATIONS That to support the loan program level for sec-
Foreign Agricultural Service that are not related
For necessary expenses to carry out preventive to Commodity Credit Corporation business. tion 538 guaranteed loans made available under
measures, including but not limited to surveys this heading the Secretary may charge or adjust
HAZARDOUS WASTE MANAGEMENT
and investigations, engineering operations, any fees to cover the projected cost of such loan
works of improvement, and changes in use of (LIMITATION ON EXPENSES) guarantees pursuant to the provisions of the
land, in accordance with the Watershed Protec- For the current fiscal year, the Commodity Credit Reform Act of 1990 (2 U.S.C. 661 et seq.),
SSpencer on DSK126QN23PROD with HOUSE
tion and Flood Prevention Act (16 U.S.C. 1001– Credit Corporation shall not expend more than and the interest on such loans may not be sub-
1005 and 1007–1009) and in accordance with the $15,000,000 for site investigation and cleanup ex- sidized: Provided further, That applicants in
provisions of laws relating to the activities of penses, and operations and maintenance ex- communities that have a current rural area
the Department, $95,000,000, to remain available penses to comply with the requirement of section waiver under section 541 of the Housing Act of
until expended: Provided, That for funds pro- 107(g) of the Comprehensive Environmental Re- 1949 (42 U.S.C. 1490q) shall be treated as living
vided by this Act or any other prior Act, the lim- sponse, Compensation, and Liability Act (42 in a rural area for purposes of section 502 guar-
itation regarding the size of the watershed or U.S.C. 9607(g)), and section 6001 of the Solid anteed loans provided under this heading: Pro-
subwatershed exceeding two hundred and fifty Waste Disposal Act (42 U.S.C. 6961). vided further, That of the amounts available
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December 14, 2022 CONGRESSIONAL RECORD — HOUSE H9795
under this paragraph for section 502 direct RENTAL ASSISTANCE PROGRAM MUTUAL AND SELF-HELP HOUSING GRANTS
loans, no less than $5,000,000 shall be available For rental assistance agreements entered into
for direct loans for individuals whose homes will For grants and contracts pursuant to section
or renewed pursuant to the authority under sec- 523(b)(1)(A) of the Housing Act of 1949 (42
be built pursuant to a program funded with a tion 521(a)(2) of the Housing Act of 1949 or
mutual and self-help housing grant authorized U.S.C. 1490c), $33,000,000, to remain available
agreements entered into in lieu of debt forgive- until expended.
by section 523 of the Housing Act of 1949 until ness or payments for eligible households as au-
June 1, 2023: Provided further, That the Sec- thorized by section 502(c)(5)(D) of the Housing RURAL HOUSING ASSISTANCE GRANTS
retary shall implement provisions to provide in- Act of 1949, $1,493,926,000, of which $40,000,000
centives to nonprofit organizations and public shall be available until September 30, 2024; and For grants for very low-income housing repair
housing authorities to facilitate the acquisition in addition such sums as may be necessary, as and rural housing preservation made by the
of Rural Housing Service (RHS) multifamily authorized by section 521(c) of the Act, to liq- Rural Housing Service, as authorized by 42
housing properties by such nonprofit organiza- uidate debt incurred prior to fiscal year 1992 to U.S.C. 1474, and 1490m, $48,000,000, to remain
tions and public housing authorities that com- carry out the rental assistance program under available until expended.
mit to keep such properties in the RHS multi- section 521(a)(2) of the Act: Provided, That rent-
family housing program for a period of time as al assistance agreements entered into or re-
RURAL COMMUNITY FACILITIES PROGRAM
determined by the Secretary, with such incen- newed during the current fiscal year shall be ACCOUNT
tives to include, but not be limited to, the fol- funded for a one-year period: Provided further,
lowing: allow such nonprofit entities and public (INCLUDING TRANSFERS OF FUNDS)
That of the amounts made available under this
housing authorities to earn a Return on Invest- heading, not less than $8,000,000 shall be avail- For gross obligations for the principal amount
ment on their own resources to include proceeds able for newly constructed units financed under of direct and guaranteed loans as authorized by
from low income housing tax credit syndication, section 514 and 516 of the Housing Act of 1949: section 306 and described in section 381E(d)(1) of
own contributions, grants, and developer loans Provided further, That upon request by an the Consolidated Farm and Rural Development
at favorable rates and terms, invested in a deal; owner of a project financed by an existing loan Act, $2,800,000,000 for direct loans and
and allow reimbursement of organizational costs under section 514 or 515 of the Act, the Secretary $650,000,000 for guaranteed loans.
associated with owner’s oversight of asset re- may renew the rental assistance agreement for a
ferred to as ‘‘Asset Management Fee’’ of up to For the cost of direct loans, loan guarantees
period of 20 years or until the term of such loan
$7,500 per property. has expired, subject to annual appropriations: and grants, including the cost of modifying
In addition, for the cost of direct loans and Provided further, That any unexpended bal- loans, as defined in section 502 of the Congres-
grants, including the cost of modifying loans, as ances remaining at the end of such one-year sional Budget Act of 1974, for rural community
defined in section 502 of the Congressional agreements may be transferred and used for facilities programs as authorized by section 306
Budget Act of 1974, $40,000,000, to remain avail- purposes of any debt reduction, maintenance, and described in section 381E(d)(1) of the Con-
able until expended, for a demonstration pro- repair, or rehabilitation of any existing projects; solidated Farm and Rural Development Act,
gram for the preservation and revitalization of preservation; and rental assistance activities au- $194,865,000, to remain available until expended,
the sections 514, 515, and 516 multi-family rental thorized under title V of the Act: Provided fur- of which up to $126,865,000 shall be for the pur-
housing properties to restructure existing USDA ther, That rental assistance provided under poses, and in the amounts, specified for this ac-
multi-family housing loans, as the Secretary agreements entered into prior to fiscal year 2023 count in the table titled ‘‘Community Project
deems appropriate, expressly for the purposes of for a farm labor multi-family housing project fi- Funding’’ in the report accompanying this Act:
ensuring the project has sufficient resources to nanced under section 514 or 516 of the Act may Provided, That $8,000,000 of the amount appro-
preserve the project for the purpose of providing not be recaptured for use in another project priated under this heading shall be available for
safe and affordable housing for low-income resi- until such assistance has remained unused for a a Rural Community Development Initiative:
dents and farm laborers including reducing or period of 12 consecutive months, if such project Provided further, That such funds shall be used
eliminating interest; deferring loan payments, has a waiting list of tenants seeking such assist- solely to develop the capacity and ability of pri-
subordinating, reducing or re-amortizing loan ance or the project has rental assistance eligible
debt; and other financial assistance including vate, nonprofit community-based housing and
tenants who are not receiving such assistance: community development organizations, low-in-
advances, payments and incentives (including Provided further, That such recaptured rental
the ability of owners to obtain reasonable re- come rural communities, and Federally Recog-
assistance shall, to the extent practicable, be ap- nized Native American Tribes to undertake
turns on investment) required by the Secretary: plied to another farm labor multi-family housing
Provided, That the Secretary shall, as part of projects to improve housing, community facili-
project financed under section 514 or 516 of the ties, community and economic development
the preservation and revitalization agreement, Act: Provided further, That except as provided
obtain a restrictive use agreement consistent projects in rural areas: Provided further, That
in the fifth proviso under this heading and not-
with the terms of the restructuring: Provided such funds shall be made available to qualified
withstanding any other provision of the Act, the
further, That any balances, including obligated private, nonprofit and public intermediary orga-
Secretary may recapture rental assistance pro-
balances, available for all demonstration pro- vided under agreements entered into prior to fis- nizations proposing to carry out a program of fi-
grams for the preservation and revitalization of cal year 2023 for a project that the Secretary de- nancial and technical assistance: Provided fur-
sections 514, 515, and 516 multi-family rental termines no longer needs rental assistance and ther, That such intermediary organizations
housing properties in the ‘‘Multi-Family Hous- use such recaptured funds for current needs. shall provide matching funds from other
ing Revitalization Program Account’’ shall be sources, including Federal funds for related ac-
transferred to and merged with this account, RURAL HOUSING VOUCHER ACCOUNT tivities, in an amount not less than funds pro-
and shall also be available for the preservation For the rural housing voucher program as au- vided: Provided further, That any unobligated
and revitalization of sections 514, 515, and 516 thorized under section 542 of the Housing Act of balances from prior year appropriations under
multi-family rental housing properties, includ- 1949, but notwithstanding subsection (b) of such this heading for the cost of direct loans, loan
ing the restructuring of existing USDA multi- section, $38,000,000, to remain available until ex- guarantees and grants, including amounts
family housing loans: Provided further, That pended: Provided, That the funds made avail- deobligated or cancelled, may be made available
following the transfer of balances described in able under this heading shall be available for to cover the subsidy costs for direct loans and or
the preceding proviso, any adjustments to obli- rural housing vouchers to any low-income loan guarantees under this heading in this fis-
gations for demonstration programs for the pres- household (including those not receiving rental cal year: Provided further, That no amounts
ervation and revitalization of sections 514, 515, assistance) residing in a property financed with may be made available pursuant to the pre-
and 516 multi-family rental housing properties a section 515 loan which has been prepaid or ceding proviso from amounts that were des-
that would otherwise be incurred in the ‘‘Multi- otherwise paid off after September 30, 2005: Pro- ignated by the Congress as an emergency re-
Family Housing Revitalization Program Ac- vided further, That the amount of such voucher quirement pursuant to a Concurrent Resolution
count’’ shall be made in this account from shall be the difference between comparable mar-
amounts transferred to this account under the on the Budget or the Balanced Budget and
ket rent for the section 515 unit and the tenant
preceding proviso. Emergency Deficit Control Act of 1985, or that
paid rent for such unit: Provided further, That
In addition, for the cost of direct loans, were specified in the table titled ‘‘Community
funds made available for such vouchers shall be
grants, and contracts, as authorized by sections Project Funding/Congressionally Directed
subject to the availability of annual appropria-
514 and 516 of the Housing Act of 1949 (42 U.S.C. tions: Provided further, That the Secretary Spending’’ in the explanatory statement for Di-
1484, 1486), $18,126,000, to remain available until shall, to the maximum extent practicable, ad- vision A of Public Law 117–103 described in sec-
expended, for direct farm labor housing loans minister such vouchers with current regulations tion 4 in the matter preceding such division A:
and domestic farm labor housing grants and and administrative guidance applicable to sec- Provided further, That $10,000,000 of the
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contracts: Provided, That any balances avail- tion 8 housing vouchers administered by the amount appropriated under this heading shall
able for the Farm Labor Program Account shall Secretary of the Department of Housing and be available for community facilities grants to
be transferred to and merged with this account. Urban Development: Provided further, That in tribal colleges, as authorized by section
In addition, for administrative expenses nec- addition to any other available funds, the Sec- 306(a)(19) of such Act: Provided further, That
essary to carry out the direct and guaranteed retary may expend not more than $1,000,000 sections 381E–H and 381N of the Consolidated
loan programs, $412,254,000 shall be transferred total, from the program funds made available Farm and Rural Development Act are not appli-
to and merged with the appropriation for under this heading, for administrative expenses cable to the funds made available under this
‘‘Rural Development, Salaries and Expenses’’. for activities funded under this heading. heading.
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H9796 CONGRESSIONAL RECORD — HOUSE December 14, 2022
RURAL BUSINESS—COOPERATIVE SERVICE individuals who are members of socially dis- ment Act may be provided to a consortium
RURAL BUSINESS PROGRAM ACCOUNT advantaged groups; and of which $16,000,000, to formed pursuant to section 325 of Public Law
remain available until expended, shall be for 105–83: Provided further, That not more than 2
(INCLUDING TRANSFERS OF FUNDS)
value-added agricultural product market devel- percent of the funding provided for section 306D
For the cost of loan guarantees and grants, opment grants, as authorized by section 210A of of the Consolidated Farm and Rural Develop-
for the rural business development programs au- the Agricultural Marketing Act of 1946, of ment Act may be used by the State of Alaska for
thorized by section 310B and described in sub- which $3,000,000, to remain available until ex- training and technical assistance programs and
sections (a), (c), (f) and (g) of section 310B of pended, shall be for Agriculture Innovation not more than 2 percent of the funding provided
the Consolidated Farm and Rural Development Centers authorized pursuant to section 6402 of for section 306D of the Consolidated Farm and
Act, $88,800,000, to remain available until ex- Public Law 107–171. Rural Development Act may be used by a con-
pended: Provided, That of the amount appro- sortium formed pursuant to section 325 of Public
RURAL MICROENTREPRENEUR ASSISTANCE
priated under this heading, not to exceed Law 105–83 for training and technical assistance
PROGRAM
$500,000 shall be made available for one grant to programs: Provided further, That not to exceed
a qualified national organization to provide For the principal amount of direct loans au-
$37,500,000 of the amount appropriated under
technical assistance for rural transportation in thorized by section 379E of the Consolidated
this heading shall be for technical assistance
order to promote economic development and Farm and Rural Development Act (U.S.C.
grants for rural water and waste systems pursu-
$9,000,000 shall be for grants to the Delta Re- 2008s), $25,000,000.
For the cost of loans and grants, $6,000,000 ant to section 306(a)(14) of such Act, unless the
gional Authority (7 U.S.C. 2009aa et seq.), the Secretary makes a determination of extreme
Northern Border Regional Commission (40 under the same terms and conditions as author-
ized by section 379E of the Consolidated Farm need, of which $8,500,000 shall be made avail-
U.S.C. 15101 et seq.), and the Appalachian Re- able for a grant to a qualified nonprofit multi-
gional Commission (40 U.S.C. 14101 et seq.) for and Rural Development Act (7 U.S.C. 2008s).
State regional technical assistance organization,
any Rural Community Advancement Program RURAL ENERGY FOR AMERICA PROGRAM with experience in working with small commu-
purpose as described in section 381E(d) of the For the cost of a program of loan guarantees nities on water and waste water problems, the
Consolidated Farm and Rural Development Act, and grants, under the same terms and condi- principal purpose of such grant shall be to assist
of which not more than 5 percent may be used tions as authorized by section 9007 of the Farm rural communities with populations of 3,300 or
for administrative expenses: Provided further, Security and Rural Investment Act of 2002 (7 less, in improving the planning, financing, de-
That $4,000,000 of the amount appropriated U.S.C. 8107), $10,045,000: Provided, That the cost velopment, operation, and management of water
under this heading shall be for business grants of loan guarantees, including the cost of modi- and waste water systems, and of which not less
to benefit Federally Recognized Native Amer- fying such loans, shall be as defined in section than $800,000 shall be for a qualified national
ican Tribes, including $250,000 for a grant to a 502 of the Congressional Budget Act of 1974. Native American organization to provide tech-
qualified national organization to provide tech- HEALTHY FOOD FINANCING INITIATIVE nical assistance for rural water systems for trib-
nical assistance for rural transportation in al communities: Provided further, That not to
order to promote economic development: Pro- For the cost of loans and grants that is con-
sistent with section 243 of subtitle D of title II exceed $20,762,000 of the amount appropriated
vided further, That sections 381E–H and 381N of under this heading shall be for contracting with
the Consolidated Farm and Rural Development of the Department of Agriculture Reorganiza-
tion Act of 1994 (7 U.S.C. 6953), as added by sec- qualified national organizations for a circuit
Act are not applicable to funds made available rider program to provide technical assistance for
under this heading. tion 4206 of the Agricultural Act of 2014, for nec-
essary expenses of the Secretary to support rural water systems: Provided further, That not
INTERMEDIARY RELENDING PROGRAM FUND
projects that provide access to healthy food in to exceed $4,000,000 of the amounts made avail-
ACCOUNT
underserved areas, to create and preserve qual- able under this heading shall be for solid waste
(INCLUDING TRANSFER OF FUNDS) ity jobs, and to revitalize low-income commu- management grants: Provided further, That
For the principal amount of direct loans, as nities, $5,000,000, to remain available until ex- $10,000,000 of the amount appropriated under
authorized by the Intermediary Relending Pro- pended: Provided, That such costs of loans, in- this heading shall be transferred to, and merged
gram Fund Account (7 U.S.C. 1936b), cluding the cost of modifying such loans, shall with, the Rural Utilities Service, High Energy
$18,889,000. be as defined in section 502 of the Congressional Cost Grants Account to provide grants author-
For the cost of direct loans, $3,313,000, as au- Budget Act of 1974. ized under section 19 of the Rural Electrification
thorized by the Intermediary Relending Program Act of 1936 (7 U.S.C. 918a): Provided further,
RURAL UTILITIES SERVICE
Fund Account (7 U.S.C. 1936b), of which That any prior year balances for high-energy
RURAL WATER AND WASTE DISPOSAL PROGRAM cost grants authorized by section 19 of the Rural
$331,000 shall be available through June 30,
ACCOUNT Electrification Act of 1936 (7 U.S.C. 918a) shall
2023, for Federally Recognized Native American
Tribes; and of which $663,000 shall be available (INCLUDING TRANSFERS OF FUNDS) be transferred to and merged with the Rural
through June 30, 2023, for Mississippi Delta Re- For gross obligations for the principal amount Utilities Service, High Energy Cost Grants Ac-
gion counties (as determined in accordance with of direct and guaranteed loans as authorized by count: Provided further, That not to exceed
Public Law 100–460): Provided, That such costs, section 306 and described in section 381E(d)(2) of $6,810,000 of the amounts appropriated under
including the cost of modifying such loans, shall the Consolidated Farm and Rural Development this heading shall be available as the Secretary
be as defined in section 502 of the Congressional Act, as follows: $1,450,000,000 for direct loans; deems appropriate for water and waste direct
Budget Act of 1974. and $50,000,000 for guaranteed loans. one percent loans for distressed communities:
In addition, for administrative expenses to For the cost of loan guarantees and grants, Provided further, That if the Secretary deter-
carry out the direct loan programs, $4,468,000 including the cost of modifying loans, as defined mines that any portion of the amount made
shall be transferred to and merged with the ap- in section 502 of the Congressional Budget Act available for one percent loans is not needed for
propriation for ‘‘Rural Development, Salaries of 1974, for rural water, waste water, waste dis- such loans, the Secretary may use such
and Expenses’’. posal, and solid waste management programs amounts, for grants authorized by section
authorized by sections 306, 306A, 306C, 306D, 306(a)(2) of the Consolidated Farm and Rural
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM
306E, and 310B and described in sections Development Act: Provided further, That if any
ACCOUNT
306C(a)(2), 306D, 306E, and 381E(d)(2) of the funds made available for the direct loan subsidy
For the principal amount of direct loans, as costs remain unobligated after July 31, 2024,
Consolidated Farm and Rural Development Act,
authorized under section 313B(a) of the Rural such unobligated balances may be used for
$685,072,000, to remain available until expended,
Electrification Act, for the purpose of promoting grant programs funded under this heading: Pro-
of which not to exceed $1,000,000 shall be avail-
rural economic development and job creation vided further, That sections 381E–H and 381N of
able for the rural utilities program described in
projects, $50,000,000. the Consolidated Farm and Rural Development
section 306(a)(2)(B) of such Act, and of which
The cost of grants authorized under section Act are not applicable to the funds made avail-
not to exceed $5,000,000 shall be available for the
313B(a) of the Rural Electrification Act, for the able under this heading.
rural utilities program described in section 306E
purpose of promoting rural economic develop-
of such Act: Provided, That not to exceed RURAL ELECTRIFICATION AND
ment and job creation projects shall not exceed
$15,000,000 of the amount appropriated under TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
$10,000,000.
this heading shall be for grants authorized by
RURAL COOPERATIVE DEVELOPMENT GRANTS (INCLUDING TRANSFER OF FUNDS)
section 306A(i)(2) of the Consolidated Farm and
For rural cooperative development grants au- Rural Development Act in addition to funding The principal amount of direct and guaran-
thorized under section 310B(e) of the Consoli- authorized by section 306A(i)(1) of such Act: teed loans as authorized by sections 4, 305, 306,
dated Farm and Rural Development Act (7 Provided further, That $70,000,000 of the and 317 of the Rural Electrification Act of 1936
U.S.C. 1932), $27,600,000, of which $2,800,000 amount appropriated under this heading shall (7 U.S.C. 904, 935, 936, and 940g) shall be made
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shall be for cooperative agreements for the ap- be for loans and grants including water and as follows: loans made pursuant to section 306,
propriate technology transfer for rural areas waste disposal systems grants authorized by sec- guaranteed electric loans, $2,167,000,000; loans
program: Provided, That not to exceed $3,000,000 tion 306C(a)(2)(B) and section 306D of the Con- made pursuant to sections 4, notwithstanding
shall be for grants for cooperative development solidated Farm and Rural Development Act, and 4(c)(2), of that Act, and 317, notwithstanding
centers, individual cooperatives, or groups of co- Federally Recognized Native American Tribes 317(c), of that Act, cost-of-money direct loans,
operatives that serve socially disadvantaged authorized by 306C(a)(1) of such Act: Provided $4,333,000,000; loans made pursuant to section
groups and a majority of the boards of directors further, That funding provided for section 306D 313A of that Act, guaranteed underwriting
or governing boards of which are comprised of of the Consolidated Farm and Rural Develop- loans, $800,000,000; and for loans made pursuant
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December 14, 2022 CONGRESSIONAL RECORD — HOUSE H9797
to section 305(d)(2) of that Act, cost of money ning activities to support the most rural commu- That section 9(h)(4) of the Richard B. Russell
telecommunications loans, $690,000,000. nities: Provided further, That the Rural Utilities National School Lunch Act (42 U.S.C.
For the cost of direct loans as authorized by Service is directed to expedite program delivery 1758(h)(4)) is amended in the first sentence by
section 305(d)(2) of the Rural Electrification Act methods that would implement this paragraph: striking ‘‘For fiscal year 2022’’ and inserting
of 1936 (7 U.S.C. 935(d)(2)), including the cost of Provided further, That for purposes of this ‘‘For fiscal year 2023’’.
modifying loans, as defined in section 502 of the paragraph, the Secretary shall adhere to the no- SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
Congressional Budget Act of 1974, cost of money tice, reporting and service area assessment re- WOMEN, INFANTS, AND CHILDREN (WIC)
rural telecommunications loans, $3,726,000. quirements set forth in section 701 of the Rural For necessary expenses to carry out the spe-
In addition, $11,500,000 to remain available Electrification Act (7 U.S.C. 950cc). cial supplemental nutrition program as author-
until expended, to carry out section 6407 of the In addition, $35,000,000, to remain available ized by section 17 of the Child Nutrition Act of
Farm Security and Rural Investment Act of 2002 until expended, for the Community Connect 1966 (42 U.S.C. 1786), $6,000,000,000, to remain
(7 U.S.C. 8107a): Provided, That the energy effi- Grant Program authorized by 7 U.S.C. 950bb–3. available through September 30, 2024: Provided,
ciency measures supported by the funding in TITLE IV That notwithstanding section 17(h)(10) of the
this paragraph shall contribute in a demon- DOMESTIC FOOD PROGRAMS Child Nutrition Act of 1966 (42 U.S.C.
strable way to the reduction of greenhouse 1786(h)(10)), not less than $90,000,000 shall be
OFFICE OF THE UNDER SECRETARY FOR FOOD,
gases. used for breastfeeding peer counselors and other
NUTRITION, AND CONSUMER SERVICES
In addition, for administrative expenses nec- related activities, and $14,000,000 shall be used
essary to carry out the direct and guaranteed For necessary expenses of the Office of the
for infrastructure: Provided further, That the
loan programs, $33,270,000, which shall be trans- Under Secretary for Food, Nutrition, and Con-
Secretary shall use funds made available under
ferred to and merged with the appropriation for sumer Services, $1,376,000: Provided, That funds
this heading to increase the amount of a cash-
‘‘Rural Development, Salaries and Expenses’’. made available by this Act to an agency in the
value voucher for women and children partici-
Food, Nutrition and Consumer Services mission
DISTANCE LEARNING, TELEMEDICINE, AND pants to an amount recommended by the Na-
area for salaries and expenses are available to
BROADBAND PROGRAM tional Academies of Science, Engineering and
fund up to one administrative support staff for
For grants for telemedicine and distance Medicine and adjusted for inflation: Provided
the Office.
learning services in rural areas, as authorized further, That none of the funds provided in this
FOOD AND NUTRITION SERVICE account shall be available for the purchase of
by 7 U.S.C. 950aaa et seq., $60,000,000, to remain
CHILD NUTRITION PROGRAMS infant formula except in accordance with the
available until expended: Provided, That
$3,000,000 shall be made available for grants au- (INCLUDING TRANSFERS OF FUNDS) cost containment and competitive bidding re-
thorized by section 379G of the Consolidated For necessary expenses to carry out the Rich- quirements specified in section 17 of such Act:
Farm and Rural Development Act: Provided fur- ard B. Russell National School Lunch Act (42 Provided further, That none of the funds pro-
ther, That funding provided under this heading U.S.C. 1751 et seq.), except section 21, and the vided shall be available for activities that are
for grants under section 379G of the Consoli- Child Nutrition Act of 1966 (42 U.S.C. 1771 et not fully reimbursed by other Federal Govern-
dated Farm and Rural Development Act may seq.), except sections 17 and 21; $28,619,957,000 to ment departments or agencies unless authorized
only be provided to entities that meet all of the remain available through September 30, 2024, of by section 17 of such Act: Provided further,
eligibility criteria for a consortium as estab- which such sums as are made available under That upon termination of a federally mandated
lished by this section. section 14222(b)(1) of the Food, Conservation, vendor moratorium and subject to terms and
For the cost of broadband loans, as author- and Energy Act of 2008 (Public Law 110–246), as conditions established by the Secretary, the Sec-
ized by sections 601 and 602 of the Rural Elec- amended by this Act, shall be merged with and retary may waive the requirement at 7 CFR
trification Act, $2,000,000, to remain available available for the same time period and purposes 246.12(g)(6) at the request of a State agency.
until expended: Provided, That the cost of direct as provided herein: Provided, That of the total SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
loans shall be as defined in section 502 of the amount available, $20,162,000 shall be available For necessary expenses to carry out the Food
Congressional Budget Act of 1974. to carry out section 19 of the Child Nutrition and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
For the broadband loan and grant pilot pro- Act of 1966 (42 U.S.C. 1771 et seq.): Provided fur- $111,180,895,000, of which $3,000,000,000, to re-
gram established by section 779 of division A of ther, That of the total amount available, main available through September 30, 2025, shall
the Consolidated Appropriations Act, 2018 (Pub- $21,005,000 shall be available to carry out stud- be placed in reserve for use only in such
lic Law 115–141) under the Rural Electrification ies and evaluations and shall remain available amounts and at such times as may become nec-
Act of 1936, as amended (7 U.S.C. 901 et seq.), until expended: Provided further, That of the essary to carry out program operations: Pro-
$465,513,000, to remain available until expended, total amount available, $12,000,000 shall remain vided, That funds provided herein shall be ex-
of which up to $15,513,000 shall be for the pur- available until expended to carry out section pended in accordance with section 16 of the
poses, and in the amounts, specified for this ac- 18(g) of the Richard B. Russell National School Food and Nutrition Act of 2008: Provided fur-
count in the table titled ‘‘Community Project Lunch Act (42 U.S.C. 1769(g)): Provided further, ther, That of the funds made available under
Funding’’ in the report accompanying this Act: That notwithstanding section 18(g)(3)(C) of the this heading, $998,000 may be used to provide
Provided, That the Secretary may award grants Richard B. Russell National School Lunch Act nutrition education services to State agencies
described in section 601(a) of the Rural Elec- (42 U.S.C. 1769(g)(3)(c)), the total grant amount and Federally Recognized Tribes participating
trification Act of 1936, as amended (7 U.S.C. provided to a farm to school grant recipient in in the Food Distribution Program on Indian
950bb(a)) for the purposes of carrying out such fiscal year 2023 shall not exceed $500,000: Pro- Reservations: Provided further, That of the
pilot program: Provided further, That the cost vided further, That of the total amount avail- funds made available under this heading,
of direct loans shall be defined in section 502 of able, $40,000,000 shall be available to provide $3,000,000, to remain available until September
the Congressional Budget Act of 1974: Provided competitive grants to State agencies for sub- 30, 2024, shall be used to carry out section
further, That at least 90 percent of the house- grants to local educational agencies and schools 4003(b) of Public Law 115–334 relating to dem-
holds to be served by a project receiving a loan to purchase the equipment, with a value of onstration projects for tribal organizations: Pro-
or grant under the pilot program shall be in a greater than $1,000, needed to serve healthier vided further, That this appropriation shall be
rural area without sufficient access to meals, improve food safety, and to help support subject to any work registration or workfare re-
broadband: Provided further, That for purposes the establishment, maintenance, or expansion of quirements as may be required by law: Provided
of such pilot program, a rural area without suf- the school breakfast program: Provided further, further, That funds made available for Employ-
ficient access to broadband shall be defined as That of the total amount available, $50,000,000 ment and Training under this heading shall re-
twenty-five megabytes per second downstream shall remain available until expended to carry main available through September 30, 2024: Pro-
and three megabytes per second upstream: Pro- out section 749(g) of the Agriculture Appropria- vided further, That funds made available under
vided further, That to the extent possible, tions Act of 2010 (Public Law 111–80): Provided this heading for section 28(d)(1), section 4(b),
projects receiving funds provided under the pilot further, That of the total amount available, and section 27(a) of the Food and Nutrition Act
program must build out service to at least one $10,000,000 shall be available until September 30, of 2008 shall remain available through Sep-
hundred megabytes per second downstream, and 2024 to carry out section 23 of the Child Nutri- tember 30, 2024: Provided further, That none of
twenty megabytes per second upstream: Pro- tion Act of 1966 (42 U.S.C. 1793), of which the funds made available under this heading
vided further, That an entity to which a loan or $2,000,000 shall be for grants under such section may be obligated or expended in contravention
grant is made under the pilot program shall not to the Commonwealth of Puerto Rico, the Com- of section 213A of the Immigration and Nation-
use the loan or grant to overbuild or duplicate monwealth of the Northern Mariana Islands, ality Act (8 U.S.C. 1183A): Provided further,
broadband service in a service area by any enti- the United States Virgin Islands, Guam, and That funds made available under this heading
ty that has received a broadband loan from the American Samoa: Provided further, That section may be used to enter into contracts and employ
Rural Utilities Service unless such service is not 26(d) of the Richard B. Russell National School staff to conduct studies, evaluations, or to con-
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provided sufficient access to broadband at the Lunch Act (42 U.S.C. 1769g(d)) is amended in duct activities related to program integrity pro-
minimum service threshold: Provided further, the first sentence by striking ‘‘2010 through vided that such activities are authorized by the
That not more than four percent of the funds 2023’’ and inserting ‘‘2010 through 2024’’: Pro- Food and Nutrition Act of 2008.
made available in this paragraph can be used vided further, That section 9(h)(3) of the Rich- For making, after June 30 of the current fiscal
for administrative costs to carry out the pilot ard B. Russell National School Lunch Act (42 year, benefit payments to individuals, and pay-
program and up to three percent of funds made U.S.C. 1758(h)(3)) is amended in the first sen- ments to States or other non-Federal entities,
available in this paragraph may be available for tence by striking ‘‘For fiscal year 2022’’ and in- pursuant to the Food and Nutrition Act of 2008
technical assistance and pre-development plan- serting ‘‘For fiscal year 2023’’: Provided further, (7 U.S.C. 2011 et seq.), for unanticipated costs
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H9798 CONGRESSIONAL RECORD — HOUSE December 14, 2022
incurred for the last three months of the fiscal purpose of offsetting fluctuations in inter- to this account and remain available until ex-
year, such sums as may be necessary. national currency exchange rates, subject to pended; $32,238,000 shall be derived from animal
COMMODITY ASSISTANCE PROGRAM documentation by the Foreign Agricultural drug user fees authorized by 21 U.S.C. 379j–12,
Service, shall remain available until expended. and shall be credited to this account and remain
For necessary expenses to carry out disaster
assistance and the Commodity Supplemental FOOD FOR PEACE TITLE II GRANTS available until expended; $29,459,000 shall be de-
Food Program as authorized by section 4(a) of For expenses during the current fiscal year, rived from generic new animal drug user fees
the Agriculture and Consumer Protection Act of not otherwise recoverable, and unrecovered authorized by 21 U.S.C. 379j–21, and shall be
1973 (7 U.S.C. 612c note); the Emergency Food prior years’ costs, including interest thereon, credited to this account and remain available
Assistance Act of 1983; special assistance for the under the Food for Peace Act (Public Law 83– until expended; $712,000,000 shall be derived
nuclear affected islands, as authorized by sec- 480), for commodities supplied in connection from tobacco product user fees authorized by 21
tion 103(f)(2) of the Compact of Free Association with dispositions abroad under title II of said U.S.C. 387s, and shall be credited to this ac-
Amendments Act of 2003 (Public Law 108–188); Act, $1,800,000,000, to remain available until ex- count and remain available until expended: Pro-
and the Farmers’ Market Nutrition Program, as pended. vided further, That in addition to and notwith-
authorized by section 17(m) of the Child Nutri- MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDU- standing any other provision under this head-
tion Act of 1966, $469,710,000, to remain avail- CATION AND CHILD NUTRITION PROGRAM ing, amounts collected for prescription drug user
able through September 30, 2024: Provided, That GRANTS fees, medical device user fees, human generic
none of these funds shall be available to reim- drug user fees, biosimilar biological product user
For necessary expenses to carry out the provi-
burse the Commodity Credit Corporation for fees, animal drug user fees, and generic new
sions of section 3107 of the Farm Security and
commodities donated to the program: Provided animal drug user fees that exceed the respective
Rural Investment Act of 2002 (7 U.S.C. 1736o–1),
further, That notwithstanding any other provi- fiscal year 2023 limitations are appropriated and
$265,000,000, to remain available until expended:
sion of law, effective with funds made available shall be credited to this account and remain
Provided, That the Commodity Credit Corpora-
in fiscal year 2023 to support the Seniors Farm- available until expended: Provided further,
tion is authorized to provide the services, facili-
ers’ Market Nutrition Program, as authorized by That fees derived from prescription drug, med-
ties, and authorities for the purpose of imple-
section 4402 of the Farm Security and Rural In- ical device, human generic drug, biosimilar bio-
menting such section, subject to reimbursement
vestment Act of 2002, such funds shall remain logical product, animal drug, and generic new
from amounts provided herein: Provided further,
available through September 30, 2024: Provided animal drug assessments for fiscal year 2023, in-
That of the amount made available under this
further, That of the funds made available under cluding any such fees collected prior to fiscal
heading, not more than 10 percent, but not less
section 27(a) of the Food and Nutrition Act of year 2023 but credited for fiscal year 2023, shall
than $26,500,000, shall remain available until ex-
2008 (7 U.S.C. 2036(a)), the Secretary may use up be subject to the fiscal year 2023 limitations:
pended to purchase agricultural commodities as
to 20 percent for costs associated with the dis- Provided further, That the Secretary may accept
described in subsection 3107(a)(2) of the Farm
tribution of commodities. payment during fiscal year 2023 of user fees
Security and Rural Investment Act of 2002 (7
NUTRITION PROGRAMS ADMINISTRATION U.S.C. 1736o–1(a)(2)). specified under this heading and authorized for
For necessary administrative expenses of the fiscal year 2024, prior to the due date for such
COMMODITY CREDIT CORPORATION EXPORT
Food and Nutrition Service for carrying out any fees, and that amounts of such fees assessed for
(LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT
domestic nutrition assistance program, fiscal year 2024 for which the Secretary accepts
(INCLUDING TRANSFERS OF FUNDS) payment in fiscal year 2023 shall not be included
$231,378,000: Provided, That of the funds pro-
vided herein, $2,000,000 shall be used for the For administrative expenses to carry out the in amounts under this heading: Provided fur-
purposes of section 4404 of Public Law 107–171, Commodity Credit Corporation’s Export Guar- ther, That none of these funds shall be used to
as amended by section 4401 of Public Law 110– antee Program, GSM 102 and GSM 103, develop, establish, or operate any program of
246. $6,063,000, to cover common overhead expenses user fees authorized by 31 U.S.C. 9701: Provided
as permitted by section 11 of the Commodity further, That of the total amount appropriated:
TITLE V
Credit Corporation Charter Act and in con- (1) $1,244,007,000 shall be for the Center for Food
FOREIGN ASSISTANCE AND RELATED formity with the Federal Credit Reform Act of Safety and Applied Nutrition and related field
PROGRAMS 1990, which shall be transferred to and merged activities in the Office of Regulatory Affairs, of
OFFICE OF THE UNDER SECRETARY FOR TRADE with the appropriation for ‘‘Foreign Agricul- which no less than $15,000,000 shall be used for
AND FOREIGN AGRICULTURAL AFFAIRS tural Service, Salaries and Expenses’’. inspections of foreign seafood manufacturers
For necessary expenses of the Office of the TITLE VI and field examinations of imported seafood; (2)
Under Secretary for Trade and Foreign Agricul- RELATED AGENCIES AND FOOD AND DRUG $2,225,209,000 shall be for the Center for Drug
tural Affairs, $932,000: Provided, That funds ADMINISTRATION Evaluation and Research and related field ac-
made available by this Act to any agency in the tivities in the Office of Regulatory Affairs, of
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Trade and Foreign Agricultural Affairs mission which no less than $10,000,000 shall be for pilots
area for salaries and expenses are available to FOOD AND DRUG ADMINISTRATION to increase unannounced foreign inspections
fund up to one administrative support staff for SALARIES AND EXPENSES and shall remain available until expended, and
the Office. (INCLUDING TRANSFERS OF FUNDS) $15,000,000 shall be for coordinating programs
OFFICE OF CODEX ALIMENTARIUS For necessary expenses of the Food and Drug and activities of the Food and Drug Administra-
For necessary expenses of the Office of Codex Administration, including hire and purchase of tion with those of the Drug Enforcement Admin-
Alimentarius, $4,922,000, including not to exceed passenger motor vehicles; for payment of space istration and U.S. Customs and Border Protec-
$40,000 for official reception and representation rental and related costs pursuant to Public Law tion to combat the illicit importation of opioids,
expenses. 92–313 for programs and activities of the Food including fentanyl, through international mail
and Drug Administration which are included in facilities and land ports-of entry; (3)
FOREIGN AGRICULTURAL SERVICE $477,782,000 shall be for the Center for Biologics
this Act; for rental of special purpose space in
SALARIES AND EXPENSES Evaluation and Research and for related field
the District of Columbia or elsewhere; in addi-
(INCLUDING TRANSFERS OF FUNDS) tion to amounts appropriated to the FDA Inno- activities in the Office of Regulatory Affairs; (4)
For necessary expenses of the Foreign Agri- vation Account, for carrying out the activities $295,999,000 shall be for the Center for Veteri-
cultural Service, including not to exceed $250,000 described in section 1002(b)(4) of the 21st Cen- nary Medicine and for related field activities in
for representation allowances and for expenses tury Cures Act (Public Law 114–255); for mis- the Office of Regulatory Affairs; (5) $682,221,000
pursuant to section 8 of the Act approved Au- cellaneous and emergency expenses of enforce- shall be for the Center for Devices and Radio-
gust 3, 1956 (7 U.S.C. 1766), $234,913,000, of ment activities, authorized and approved by the logical Health and for related field activities in
which no more than 6 percent shall remain Secretary and to be accounted for solely on the the Office of Regulatory Affairs; (6) $77,893,000
available until September 30, 2024, for overseas Secretary’s certificate, not to exceed $25,000; and shall be for the National Center for Toxi-
operations to include the payment of locally em- notwithstanding section 521 of Public Law 107– cological Research; (7) $677,165,000 shall be for
ployed staff: Provided, That the Service may 188; $6,484,171,000: Provided, That of the amount the Center for Tobacco Products and for related
utilize advances of funds, or reimburse this ap- provided under this heading, $1,224,132,000 shall field activities in the Office of Regulatory Af-
propriation for expenditures made on behalf of be derived from prescription drug user fees au- fairs; (8) $216,603,000 shall be for Rent and Re-
Federal agencies, public and private organiza- thorized by 21 U.S.C. 379h, and shall be credited lated activities, of which $56,011,000 is for White
tions and institutions under agreements exe- to this account and remain available until ex- Oak Consolidation, other than the amounts
cuted pursuant to the agricultural food produc- pended; $248,342,000 shall be derived from med- paid to the General Services Administration for
tion assistance programs (7 U.S.C. 1737) and the ical device user fees authorized by 21 U.S.C. rent; (9) $237,917,000 shall be for payments to the
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foreign assistance programs of the United States 379j, and shall be credited to this account and General Services Administration for rent; and
Agency for International Development: Provided remain available until expended; $550,449,000 (10) $349,375,000 shall be for other activities, in-
further, That funds made available for middle- shall be derived from human generic drug user cluding the Office of the Commissioner of Food
income country training programs, funds made fees authorized by 21 U.S.C. 379j–42, and shall and Drugs, the Office of Food Policy and Re-
available for the Borlaug International Agricul- be credited to this account and remain available sponse, the Office of Operations, the Office of
tural Science and Technology Fellowship pro- until expended; $40,841,000 shall be derived from the Chief Scientist, and central services for
gram, and up to $2,000,000 of the Foreign Agri- biosimilar biological product user fees author- these offices: Provided further, That not to ex-
cultural Service appropriation solely for the ized by 21 U.S.C. 379j–52, and shall be credited ceed $25,000 of this amount shall be for official
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December 14, 2022 CONGRESSIONAL RECORD — HOUSE H9799
reception and representation expenses, not oth- tion and representation expenses, and not to ex- available by this Act or any other Act shall be
erwise provided for, as determined by the Com- ceed $25,000 for the expenses for consultations transferred to the Working Capital Fund with-
missioner: Provided further, That any transfer and meetings hosted by the Commission with out the prior approval of the agency adminis-
of funds pursuant to, and for the administration foreign governmental and other regulatory offi- trator: Provided further, That none of the funds
of, section 770(n) of the Federal Food, Drug, cials, of which not less than $20,000,000 shall re- transferred to the Working Capital Fund pursu-
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only main available until September 30, 2024, and of ant to this section shall be available for obliga-
be from amounts made available under this which not less than $4,567,000 shall be for ex- tion without written notification to and the
heading for other activities and shall not exceed penses of the Office of the Inspector General: prior approval of the Committees on Appropria-
$2,000,000: Provided further, That of the Provided, That notwithstanding the limitations tions of both Houses of Congress: Provided fur-
amounts that are made available under this in 31 U.S.C. 1553, amounts provided under this ther, That none of the funds appropriated by
heading for ‘‘other activities’’, and that are not heading are available for the liquidation of obli- this Act or made available to the Department’s
derived from user fees, $1,500,000 shall be trans- gations equal to current year payments on Working Capital Fund shall be available for ob-
ferred to and merged with the appropriation for leases entered into prior to the date of enact- ligation or expenditure to make any changes to
‘‘Department of Health and Human Services— ment of this Act: Provided further, That for the the Department’s National Finance Center with-
Office of Inspector General’’ for oversight of the purpose of recording and liquidating any lease out written notification to and prior approval of
programs and operations of the Food and Drug obligations that should have been recorded and the Committees on Appropriations of both
Administration and shall be in addition to funds liquidated against accounts closed pursuant to Houses of Congress as required by section 716 of
otherwise made available for oversight of the 31 U.S.C. 1552, and consistent with the pre- this Act: Provided further, That none of the
Food and Drug Administration: Provided fur- ceding proviso, such amounts shall be trans- funds appropriated by this Act or made avail-
ther, That funds may be transferred from one ferred to and recorded in a no-year account in able to the Department’s Working Capital Fund
specified activity to another with the prior ap- the Treasury, which has been established for shall be available for obligation or expenditure
proval of the Committees on Appropriations of the sole purpose of recording adjustments for to initiate, plan, develop, implement, or make
both Houses of Congress. and liquidating such unpaid obligations. any changes to remove or relocate any systems,
In addition, mammography user fees author- missions, personnel, or functions of the offices
FARM CREDIT ADMINISTRATION
ized by 42 U.S.C. 263b, export certification user of the Chief Financial Officer and the Chief In-
LIMITATION ON ADMINISTRATIVE EXPENSES formation Officer, co-located with or from the
fees authorized by 21 U.S.C. 381, priority review
Not to exceed $88,500,000 (from assessments National Finance Center prior to written notifi-
user fees authorized by 21 U.S.C. 360n and 360ff,
collected from farm credit institutions, including cation to and prior approval of the Committee
food and feed recall fees, food reinspection fees,
the Federal Agricultural Mortgage Corporation) on Appropriations of both Houses of Congress
and voluntary qualified importer program fees
shall be obligated during the current fiscal year and in accordance with the requirements of sec-
authorized by 21 U.S.C. 379j–31, outsourcing fa-
for administrative expenses as authorized under tion 716 of this Act: Provided further, That the
cility fees authorized by 21 U.S.C. 379j–62, pre-
12 U.S.C. 2249: Provided, That this limitation National Finance Center Information Tech-
scription drug wholesale distributor licensing
shall not apply to expenses associated with re- nology Services Division personnel and data
and inspection fees authorized by 21 U.S.C.
ceiverships: Provided further, That the agency center management responsibilities, and control
353(e)(3), third-party logistics provider licensing
may exceed this limitation by up to 10 percent of any functions, missions, and systems for cur-
and inspection fees authorized by 21 U.S.C.
with notification to the Committees on Appro- rent and future human resources management
360eee–3(c)(1), third-party auditor fees author-
priations of both Houses of Congress: Provided and integrated personnel and payroll systems
ized by 21 U.S.C. 384d(c)(8), medical counter-
further, That the purposes of section (PPS) and functions provided by the Chief Fi-
measure priority review voucher user fees au-
3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 nancial Officer and the Chief Information Offi-
thorized by 21 U.S.C. 360bbb–4a, and fees relat-
U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Admin- cer shall remain in the National Finance Center
ing to over-the-counter monograph drugs au-
istration may exempt, an amount in its sole dis- and under the management responsibility and
thorized by 21 U.S.C. 379j–72 shall be credited to
cretion, from the application of the limitation administrative control of the National Finance
this account, to remain available until ex-
provided in that clause of export loans described Center: Provided further, That the Secretary of
pended.
in the clause guaranteed or insured in a manner Agriculture and the offices of the Chief Finan-
BUILDINGS AND FACILITIES other than described in subclause (II) of the cial Officer shall actively market to existing and
For plans, construction, repair, improvement, clause. new Departments and other government agen-
extension, alteration, demolition, and purchase TITLE VII cies National Finance Center shared services in-
of fixed equipment or facilities of or used by the cluding, but not limited to, payroll, financial
GENERAL PROVISIONS
Food and Drug Administration, where not oth- management, and human capital shared services
(INCLUDING RESCISSIONS AND TRANSFERS OF and allow the National Finance Center to per-
erwise provided, $16,000,000, to remain available
FUNDS) form technology upgrades: Provided further,
until expended.
SEC. 701. The Secretary may use any appro- That of annual income amounts in the Working
FDA INNOVATION ACCOUNT, CURES ACT
priations made available to the Department of Capital Fund of the Department of Agriculture
(INCLUDING TRANSFER OF FUNDS) Agriculture in this Act to purchase new pas- attributable to the amounts in excess of the true
For necessary expenses to carry out the pur- senger motor vehicles, in addition to specific ap- costs of the shared services provided by the Na-
poses described under section 1002(b)(4) of the propriations for this purpose, so long as the tional Finance Center and budgeted for the Na-
21st Century Cures Act, in addition to amounts total number of vehicles purchased in fiscal year tional Finance Center, the Secretary shall re-
available for such purposes under the heading 2023 does not exceed the number of vehicles serve not more than 4 percent for the replace-
‘‘Salaries and Expenses’’, $50,000,000, to remain owned or leased in fiscal year 2018: Provided, ment or acquisition of capital equipment, in-
available until expended: Provided, That That, prior to purchasing additional motor vehi- cluding equipment for the improvement, deliv-
amounts appropriated in this paragraph are ap- cles, the Secretary must determine that such ve- ery, and implementation of financial, adminis-
propriated pursuant to section 1002(b)(3) of the hicles are necessary for transportation safety, to trative, and information technology services,
21st Century Cures Act, are to be derived from reduce operational costs, and for the protection and other systems of the National Finance Cen-
amounts transferred under section 1002(b)(2)(A) of life, property, and public safety: Provided ter or to pay any unforeseen, extraordinary cost
of such Act, and may be transferred by the Com- further, That the Secretary may not increase of the National Finance Center: Provided fur-
missioner of Food and Drugs to the appropria- the Department of Agriculture’s fleet above the ther, That none of the amounts reserved shall be
tion for ‘‘Department of Health and Human 2018 level unless the Secretary notifies in writ- available for obligation unless the Secretary
Services Food and Drug Administration Salaries ing, and receives approval from, the Committees submits written notification of the obligation to
and Expenses’’ solely for the purposes provided on Appropriations of both Houses of Congress the Committees on Appropriations of both
in such Act: Provided further, That upon a de- within 30 days of the notification. Houses of Congress: Provided further, That the
termination by the Commissioner that funds SEC. 702. Notwithstanding any other provision limitations on the obligation of funds pending
transferred pursuant to the previous proviso are of this Act, the Secretary of Agriculture may notification to Congressional Committees shall
not necessary for the purposes provided, such transfer unobligated balances of discretionary not apply to any obligation that, as determined
amounts may be transferred back to the ac- funds appropriated by this Act or any other by the Secretary, is necessary to respond to a
count: Provided further, That such transfer au- available unobligated discretionary balances declared state of emergency that significantly
thority is in addition to any other transfer au- that are remaining available of the Department impacts the operations of the National Finance
thority provided by law. of Agriculture to the Working Capital Fund for Center; or to evacuate employees of the National
INDEPENDENT AGENCIES the acquisition of property, plant and equip- Finance Center to a safe haven to continue op-
ment and for the improvement, delivery, and im- erations of the National Finance Center.
COMMODITY FUTURES TRADING COMMISSION
plementation of Department financial, and ad- SEC. 703. No part of any appropriation con-
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(INCLUDING TRANSFER OF FUNDS) ministrative information technology services, tained in this Act shall remain available for ob-
For necessary expenses to carry out the provi- and other support systems necessary for the de- ligation beyond the current fiscal year unless
sions of the Commodity Exchange Act (7 U.S.C. livery of financial, administrative, and informa- expressly so provided herein.
1 et seq.), including the purchase and hire of tion technology services, including cloud adop- SEC. 704. No funds appropriated by this Act
passenger motor vehicles, and the rental of tion and migration, of primary benefit to the may be used to pay negotiated indirect cost
space (to include multiple year leases), in the agencies of the Department of Agriculture, such rates on cooperative agreements or similar ar-
District of Columbia and elsewhere, $365,000,000, transferred funds to remain available until ex- rangements between the United States Depart-
including not to exceed $3,000 for official recep- pended: Provided, That none of the funds made ment of Agriculture and nonprofit institutions
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H9800 CONGRESSIONAL RECORD — HOUSE December 14, 2022
in excess of 10 percent of the total direct cost of title III of such Act, or programs for which in- vening of a committee of conference for the fis-
the agreement when the purpose of such cooper- definite amounts were provided in that Act, that cal year 2024 appropriations Act.
ative arrangements is to carry out programs of is authorized or required to be carried out using SEC. 716. (a) None of the funds provided by
mutual interest between the two parties. This funds of the Commodity Credit Corporation— this Act, or provided by previous appropriations
does not preclude appropriate payment of indi- (1) such funds shall be available for salaries Acts to the agencies funded by this Act that re-
rect costs on grants and contracts with such in- and related administrative expenses, including main available for obligation or expenditure in
stitutions when such indirect costs are computed technical assistance, associated with the imple- the current fiscal year, or provided from any ac-
on a similar basis for all agencies for which ap- mentation of the program, without regard to the counts in the Treasury derived by the collection
propriations are provided in this Act. limitation on the total amount of allotments and of fees available to the agencies funded by this
SEC. 705. Appropriations to the Department of fund transfers contained in section 11 of the Act, shall be available for obligation or expendi-
Agriculture for the cost of direct and guaran- Commodity Credit Corporation Charter Act (15 ture through a reprogramming, transfer of
teed loans made available in the current fiscal U.S.C. 714i); and funds, or reimbursements as authorized by the
year shall remain available until expended to (2) the use of such funds for such purpose Economy Act, or in the case of the Department
disburse obligations made in the current fiscal shall not be considered to be a fund transfer or of Agriculture, through use of the authority
year for the following accounts: the Rural De- allotment for purposes of applying the limitation provided by section 702(b) of the Department of
velopment Loan Fund program account, the on the total amount of allotments and fund Agriculture Organic Act of 1944 (7 U.S.C. 2257)
Rural Electrification and Telecommunication transfers contained in such section. or section 8 of Public Law 89–106 (7 U.S.C. 2263),
Loans program account, and the Rural Housing SEC. 712. Of the funds made available by this that—
Insurance Fund program account. Act, not more than $2,900,000 shall be used to (1) creates new programs;
SEC. 706. None of the funds made available to cover necessary expenses of activities related to (2) eliminates a program, project, or activity;
the Department of Agriculture by this Act may all advisory committees, panels, commissions,
(3) increases funds or personnel by any means
be used to acquire new information technology and task forces of the Department of Agri-
for any project or activity for which funds have
systems or significant upgrades, as determined culture, except for panels used to comply with
been denied or restricted;
by the Office of the Chief Information Officer, negotiated rule makings and panels used to
(4) relocates an office or employees;
without the approval of the Chief Information evaluate competitively awarded grants.
SEC. 713. (a) None of the funds made available (5) reorganizes offices, programs, or activities;
Officer and the concurrence of the Executive In- or
formation Technology Investment Review in this Act may be used to maintain or establish
a computer network unless such network blocks (6) contracts out or privatizes any functions
Board: Provided, That notwithstanding any or activities presently performed by Federal em-
other provision of law, none of the funds appro- the viewing, downloading, and exchanging of
pornography. ployees;
priated or otherwise made available by this Act unless the Secretary of Agriculture, the Sec-
may be transferred to the Office of the Chief In- (b) Nothing in subsection (a) shall limit the
use of funds necessary for any Federal, State, retary of Health and Human Services, or the
formation Officer without written notification Chairman of the Commodity Futures Trading
to and the prior approval of the Committees on tribal, or local law enforcement agency or any
other entity carrying out criminal investiga- Commission (as the case may be) notifies in
Appropriations of both Houses of Congress: Pro- writing and receives approval from the Commit-
vided further, That notwithstanding section tions, prosecution, or adjudication activities.
SEC. 714. Notwithstanding subsection (b) of tees on Appropriations of both Houses of Con-
11319 of title 40, United States Code, none of the gress at least 30 days in advance of the re-
section 14222 of Public Law 110–246 (7 U.S.C.
funds available to the Department of Agri- programming of such funds or the use of such
612c–6; in this section referred to as ‘‘section
culture for information technology shall be obli- authority.
14222’’), none of the funds appropriated or oth-
gated for projects, contracts, or other agree- (b) None of the funds provided by this Act, or
erwise made available by this or any other Act
ments over $25,000 prior to receipt of written ap- provided by previous Appropriations Acts to the
shall be used to pay the salaries and expenses of
proval by the Chief Information Officer: Pro- agencies funded by this Act that remain avail-
personnel to carry out a program under section
vided further, That the Chief Information Offi- able for obligation or expenditure in the current
32 of the Act of August 24, 1935 (7 U.S.C. 612c;
cer may authorize an agency to obligate funds fiscal year, or provided from any accounts in
in this section referred to as ‘‘section 32’’) in ex-
without written approval from the Chief Infor- the Treasury derived by the collection of fees
cess of $1,483,309,000 (exclusive of carryover ap-
mation Officer for projects, contracts, or other available to the agencies funded by this Act,
propriations from prior fiscal years), as follows:
agreements up to $250,000 based upon the per- shall be available for obligation or expenditure
Child Nutrition Programs Entitlement Commod-
formance of an agency measured against the for activities, programs, or projects through a
ities—$485,000,000; State Option Contracts—
performance plan requirements described in the reprogramming or use of the authorities referred
$5,000,000; Removal of Defective Commodities—
explanatory statement accompanying Public to in subsection (a) involving funds in excess of
$2,500,000; Administration of section 32 Com-
Law 113–235. $500,000 or 10 percent, whichever is less, that—
SEC. 707. Funds made available under section modity Purchases—$37,178,000: Provided, That,
of the total funds made available in the matter (1) augments existing programs, projects, or
524(b) of the Federal Crop Insurance Act (7
preceding this proviso that remain unobligated activities;
U.S.C. 1524(b)) in the current fiscal year shall
on October 1, 2023, such unobligated balances (2) reduces by 10 percent funding for any ex-
remain available until expended to disburse obli-
shall carryover into fiscal year 2024 and shall isting program, project, or activity, or numbers
gations made in the current fiscal year.
SEC. 708. Notwithstanding any other provision remain available until expended for any of the of personnel by 10 percent as approved by Con-
of law, any former Rural Utilities Service bor- purposes of section 32, except that any such car- gress; or
rower that has repaid or prepaid an insured, di- ryover funds used in accordance with clause (3) (3) results from any general savings from a re-
rect or guaranteed loan under the Rural Elec- of section 32 may not exceed $350,000,000 and duction in personnel which would result in a
trification Act of 1936, or any not-for-profit util- may not be obligated until the Secretary of Agri- change in existing programs, activities, or
ity that is eligible to receive an insured or direct culture provides written notification of the ex- projects as approved by Congress;
loan under such Act, shall be eligible for assist- penditures to the Committees on Appropriations unless the Secretary of Agriculture, the Sec-
ance under section 313B(a) of such Act in the of both Houses of Congress at least two weeks in retary of Health and Human Services, or the
same manner as a borrower under such Act. advance: Provided further, That, with the ex- Chairman of the Commodity Futures Trading
SEC. 709. (a) Except as otherwise specifically ception of any available carryover funds au- Commission (as the case may be) notifies in
provided by law, not more than $20,000,000 in thorized in any prior appropriations Act to be writing and receives approval from the Commit-
unobligated balances from appropriations made used for the purposes of clause (3) of section 32, tees on Appropriations of both Houses of Con-
available for salaries and expenses in this Act none of the funds appropriated or otherwise gress at least 30 days in advance of the re-
for the Farm Service Agency shall remain avail- made available by this or any other Act shall be programming or transfer of such funds or the
able through September 30, 2024, for information used to pay the salaries or expenses of any em- use of such authority.
technology expenses. ployee of the Department of Agriculture to carry (c) The Secretary of Agriculture, the Secretary
(b) Except as otherwise specifically provided out clause (3) of section 32. of Health and Human Services, or the Chairman
by law, not more than $20,000,000 in unobligated SEC. 715. None of the funds appropriated by of the Commodity Futures Trading Commission
balances from appropriations made available for this or any other Act shall be used to pay the shall notify in writing and receive approval
salaries and expenses in this Act for the Rural salaries and expenses of personnel who prepare from the Committees on Appropriations of both
Development mission area shall remain avail- or submit appropriations language as part of the Houses of Congress before implementing any
able through September 30, 2024, for information President’s budget submission to the Congress program or activity not carried out during the
technology expenses. for programs under the jurisdiction of the Ap- previous fiscal year unless the program or activ-
SEC. 710. None of the funds appropriated or propriations Subcommittees on Agriculture, ity is funded by this Act or specifically funded
otherwise made available by this Act may be Rural Development, Food and Drug Administra- by any other Act.
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used for first-class travel by the employees of tion, and Related Agencies that assumes reve- (d) None of the funds provided by this Act, or
agencies funded by this Act in contravention of nues or reflects a reduction from the previous provided by previous Appropriations Acts to the
sections 301–10.122 through 301–10.124 of title 41, year due to user fees proposals that have not agencies funded by this Act that remain avail-
Code of Federal Regulations. been enacted into law prior to the submission of able for obligation or expenditure in the current
SEC. 711. In the case of each program estab- the budget unless such budget submission iden- fiscal year, or provided from any accounts in
lished or amended by the Agricultural Act of tifies which additional spending reductions the Treasury derived by the collection of fees
2014 (Public Law 113–79) or by a successor to should occur in the event the user fees proposals available to the agencies funded by this Act,
that Act, other than by title I or subtitle A of are not enacted prior to the date of the con- shall be available for—
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December 14, 2022 CONGRESSIONAL RECORD — HOUSE H9801
(1) modifying major capital investments fund- SEC. 723. For the purposes of determining eli- the establishment is subject to inspection under
ing levels, including information technology sys- gibility or level of program assistance for Rural the Seafood Hazard Analysis Critical Control
tems, that involves increasing or decreasing Development programs the Secretary shall not Points Program of the Food and Drug Adminis-
funds in the current fiscal year for the indi- include incarcerated prison populations. tration and the establishment attests that it ap-
vidual investment in excess of $500,000 or 10 per- SEC. 724. For loans and loan guarantees that plies existing Seafood Hazard Critical Control
cent of the total cost, whichever is less; do not require budget authority and the pro- Points Program for all species processed at the
(2) realigning or reorganizing new, current, or gram level has been established in this Act, the establishment.
vacant positions or agency activities or func- Secretary of Agriculture may increase the pro- SEC. 730. Notwithstanding any provision of
tions to establish a center, office, branch, or gram level for such loans and loan guarantees law that regulates the calculation and payment
similar entity with five or more personnel; or by not more than 25 percent: Provided, That of overtime and holiday pay for FSIS inspectors,
(3) carrying out activities or functions that prior to the Secretary implementing such an in- the Secretary may charge establishments subject
were not described in the budget request; crease, the Secretary notifies, in writing, the to the inspection requirements of the Poultry
unless the agencies funded by this Act notify, in Committees on Appropriations of both Houses of Products Inspection Act, 21 U.S.C. 451 et seq.,
writing, the Committees on Appropriations of Congress at least 15 days in advance. the Federal Meat Inspection Act, 21 U.S.C. 601
both Houses of Congress at least 30 days in ad- SEC. 725. None of the credit card refunds or re- et seq, and the Egg Products Inspection Act, 21
vance of using the funds for these purposes. bates transferred to the Working Capital Fund U.S.C. 1031 et seq., for the cost of inspection
(e) As described in this section, no funds may pursuant to section 729 of the Agriculture, services provided outside of an establishment’s
be used for any activities unless the Secretary of Rural Development, Food and Drug Administra- approved inspection shifts, and for inspection
Agriculture, the Secretary of Health and Human tion, and Related Agencies Appropriations Act, services provided on Federal holidays: Provided,
Services, or the Chairman of the Commodity Fu- 2002 (7 U.S.C. 2235a; Public Law 107–76) shall be That any sums charged pursuant to this para-
tures Trading Commission receives from the available for obligation without written notifi- graph shall be deemed as overtime pay or holi-
Committee on Appropriations of both Houses of cation to, and the prior approval of, the Com- day pay under section 1001(d) of the American
Congress written or electronic mail confirmation mittees on Appropriations of both Houses of Rescue Plan Act of 2021 (Public Law 117–2, 135
of receipt of the notification as required in this Congress: Provided, That the refunds or rebates Stat. 242): Provided further, That sums received
section. so transferred shall be available for obligation by the Secretary under this paragraph shall, in
SEC. 717. Notwithstanding section 310B(g)(5) only for the acquisition of property, plant and addition to other available funds, remain avail-
of the Consolidated Farm and Rural Develop- equipment, including equipment for the im- able until expended to the Secretary without
ment Act (7 U.S.C. 1932(g)(5)), the Secretary provement, delivery, and implementation of De- further appropriation for the purpose of fund-
may assess a one-time fee for any guaranteed partmental financial management, information ing all costs associated with FSIS inspections.
business and industry loan in an amount that technology, and other support systems necessary SEC. 731. (a) The Secretary of Agriculture
does not exceed 3 percent of the guaranteed for the delivery of financial, administrative, and shall—
principal portion of the loan. information technology services, including cloud (1) conduct audits in a manner that evaluates
SEC. 718. None of the funds appropriated or adoption and migration, of primary benefit to the following factors in the country or region
otherwise made available to the Department of the agencies of the Department of Agriculture. being audited, as applicable—
Agriculture, the Food and Drug Administration, SEC. 726. None of the funds made available by (A) veterinary control and oversight;
the Commodity Futures Trading Commission, or this Act may be used to implement, administer, (B) disease history and vaccination practices;
the Farm Credit Administration shall be used to or enforce the ‘‘variety’’ requirements of the (C) livestock demographics and traceability;
transmit or otherwise make available reports, final rule entitled ‘‘Enhancing Retailer Stand- (D) epidemiological separation from potential
questions, or responses to questions that are a ards in the Supplemental Nutrition Assistance sources of infection;
result of information requested for the appro- Program (SNAP)’’ published by the Department (E) surveillance practices;
priations hearing process to any non-Depart- of Agriculture in the Federal Register on Decem- (F) diagnostic laboratory capabilities; and
ment of Agriculture, non-Department of Health ber 15, 2016 (81 Fed. Reg. 90675) until the Sec- (G) emergency preparedness and response;
and Human Services, non-Commodity Futures retary of Agriculture amends the definition of and
Trading Commission, or non-Farm Credit Ad- the term ‘‘variety’’ as defined in section (2) promptly make publicly available the final
ministration employee. 278.1(b)(1)(ii)(C) of title 7, Code of Federal Reg- reports of any audits or reviews conducted pur-
SEC. 719. Unless otherwise authorized by exist- ulations, and ‘‘variety’’ as applied in the defini- suant to subsection (1).
ing law, none of the funds provided in this Act, tion of the term ‘‘staple food’’ as defined in sec- (b) This section shall be applied in a manner
may be used by an executive branch agency to tion 271.2 of title 7, Code of Federal Regulations, consistent with United States obligations under
produce any prepackaged news story intended to increase the number of items that qualify as its international trade agreements.
for broadcast or distribution in the United acceptable varieties in each staple food category SEC. 732. None of the funds made available by
States unless the story includes a clear notifica- so that the total number of such items in each this Act may be used to implement section 3.7(f)
tion within the text or audio of the prepackaged staple food category exceeds the number of such of the Farm Credit Act of 1971 in a manner in-
news story that the prepackaged news story was items in each staple food category included in consistent with section 343(a)(13) of the Consoli-
prepared or funded by that executive branch the final rule as published on December 15, 2016: dated Farm and Rural Development Act.
agency. Provided, That until the Secretary promulgates SEC. 733. In this fiscal year and thereafter,
SEC. 720. No employee of the Department of such regulatory amendments, the Secretary and notwithstanding any other provision of
Agriculture may be detailed or assigned from an shall apply the requirements regarding accept- law, none of the funds made available by this
agency or office funded by this Act or any other able varieties and breadth of stock to Supple- Act may be used to carry out any activities or
Act to any other agency or office of the Depart- mental Nutrition Assistance Program retailers incur any expense related to the issuance of li-
ment for more than 60 days in a fiscal year un- that were in effect on the day before the date of censes under section 3 of the Animal Welfare
less the individual’s employing agency or office the enactment of the Agricultural Act of 2014 Act (7 U.S.C. 2133), or the renewal of such li-
is fully reimbursed by the receiving agency or (Public Law 113–79). censes, to class B dealers who sell Random
office for the salary and expenses of the em- SEC. 727. In carrying out subsection (h) of sec- Source dogs and cats for use in research, experi-
ployee for the period of assignment. tion 502 of the Housing Act of 1949 (42 U.S.C. ments, teaching, or testing.
SEC. 721. Not later than 30 days after the date 1472), the Secretary of Agriculture shall have SEC. 734. (a)(1) No Federal funds made avail-
of enactment of this Act, the Secretary of Agri- the same authority with respect to loans guar- able for this fiscal year for the rural water,
culture, the Commissioner of the Food and Drug anteed under such section and eligible lenders waste water, waste disposal, and solid waste
Administration, the Chairman of the Commodity for such loans as the Secretary has under sub- management programs authorized by sections
Futures Trading Commission, and the Chairman sections (h) and (j) of section 538 of such Act (42 306, 306A, 306C, 306D, 306E, and 310B of the
of the Farm Credit Administration shall submit U.S.C. 1490p–2) with respect to loans guaranteed Consolidated Farm and Rural Development Act
to the Committees on Appropriations of both under such section 538 and eligible lenders for (7 U.S.C. 1926 et seq.) shall be used for a project
Houses of Congress a detailed spending plan by such loans. for the construction, alteration, maintenance, or
program, project, and activity for all the funds SEC. 728. None of the funds appropriated or repair of a public water or wastewater system
made available under this Act including appro- otherwise made available by this Act shall be unless all of the iron and steel products used in
priated user fees, as defined in the report ac- available for the United States Department of the project are produced in the United States.
companying this Act. Agriculture to propose, finalize or implement (2) In this section, the term ‘‘iron and steel
SEC. 722. None of the funds made available by any regulation that would promulgate new user products’’ means the following products made
this Act may be used to propose, promulgate, or fees pursuant to 31 U.S.C. 9701 after the date of primarily of iron or steel: lined or unlined pipes
implement any rule, or take any other action the enactment of this Act. and fittings, manhole covers and other munic-
with respect to, allowing or requiring informa- SEC. 729. For fiscal year 2023, the Secretary ipal castings, hydrants, tanks, flanges, pipe
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tion intended for a prescribing health care pro- shall establish a process under which an estab- clamps and restraints, valves, structural steel,
fessional, in the case of a drug or biological lishment in the Chesapeake Bay area that is reinforced precast concrete, and construction
product subject to section 503(b)(1) of the Fed- subject to examination and inspection under materials.
eral Food, Drug, and Cosmetic Act (21 U.S.C. section 6 of the Federal Meat Inspection Act (b) Subsection (a) shall not apply in any case
353(b)(1)), to be distributed to such professional solely due to the establishment’s processing of or category of cases in which the Secretary of
electronically (in lieu of in paper form) unless domestic, wild caught, invasive blue catfish Agriculture (in this section referred to as the
and until a Federal law is enacted to allow or (Ictalurus furcatus), may apply for a waiver of ‘‘Secretary’’) or the designee of the Secretary
require such distribution. such examination and inspection requirements if finds that—
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H9802 CONGRESSIONAL RECORD — HOUSE December 14, 2022
(1) applying subsection (a) would be incon- That with respect to specific activities for which SEC. 746. There is hereby appropriated
sistent with the public interest; program levels have been made available by this $3,000,000, to carry out section 4208 of Public
(2) iron and steel products are not produced in Act that are not supported by budget authority, Law 115–334, including for project locations in
the United States in sufficient and reasonably the requirements of this section shall be applied additional regions and timely completion of re-
available quantities or of a satisfactory quality; to such program level. quired reporting to Congress.
or SEC. 737. None of the funds made available by SEC. 747. There is hereby appropriated
(3) inclusion of iron and steel products pro- this Act may be used to notify a sponsor or oth- $5,000,000 to carry out section 12301 of Public
duced in the United States will increase the cost erwise acknowledge receipt of a submission for Law 115–334, Farming Opportunities Training
of the overall project by more than 25 percent. an exemption for investigational use of a drug and Outreach.
(c) If the Secretary or the designee receives a or biological product under section 505(i) of the SEC. 748. In response to an eligible community
request for a waiver under this section, the Sec- Federal Food, Drug, and Cosmetic Act (21 where the drinking water supplies are inad-
retary or the designee shall make available to U.S.C. 355(i)) or section 351(a)(3) of the Public equate due to a natural disaster, as determined
the public on an informal basis a copy of the re- Health Service Act (42 U.S.C. 262(a)(3)) in re- by the Secretary, including drought or severe
quest and information available to the Secretary search in which a human embryo is inten- weather, the Secretary may provide potable
or the designee concerning the request, and tionally created or modified to include a heri- water through the Emergency Community Water
shall allow for informal public input on the re- table genetic modification. Any such submission Assistance Grant Program for an additional pe-
quest for at least 15 days prior to making a find- shall be deemed to have not been received by the riod of time not to exceed 120 days beyond the
ing based on the request. The Secretary or the Secretary, and the exemption may not go into established period provided under the Program
designee shall make the request and accom- effect. in order to protect public health.
panying information available by electronic SEC. 738. None of the funds made available by SEC. 749. Funds made available under title II
means, including on the official public Internet this or any other Act may be used to enforce the of the Food for Peace Act (7 U.S.C. 1721 et seq.)
Web site of the Department. final rule promulgated by the Food and Drug may only be used to provide assistance to recipi-
(d) This section shall be applied in a manner Administration entitled ‘‘Standards for the ent nations if adequate monitoring and controls,
consistent with United States obligations under Growing, Harvesting, Packing, and Holding of as determined by the Administrator, are in place
international agreements. Produce for Human Consumption,’’ and pub- to ensure that emergency food aid is received by
(e) The Secretary may retain up to 0.25 per- lished on November 27, 2015, with respect to the the intended beneficiaries in areas affected by
cent of the funds appropriated in this Act for regulation of entities that grow, harvest, pack, food shortages and not diverted for unauthor-
‘‘Rural Utilities Service—Rural Water and or hold wine grapes, hops, pulse crops, or al- ized or inappropriate purposes.
Waste Disposal Program Account’’ for carrying monds. SEC. 750. In this fiscal year and thereafter,
out the provisions described in subsection (a)(1) SEC. 739. There is hereby appropriated and notwithstanding any other provision of
for management and oversight of the require- $5,000,000, to remain available until September law, ARS facilities as described in the ‘‘Memo-
ments of this section. 30, 2024, for a pilot program for the National In- randum of Understanding Between the U.S. De-
(f) Subsection (a) shall not apply with respect stitute of Food and Agriculture to provide partment of Agriculture Animal and Plant
to a project for which the engineering plans and grants to nonprofit organizations for programs Health Inspection Service (APHIS) and the U.S.
specifications include use of iron and steel prod- and services to establish and enhance farming Department of Agriculture Agricultural Re-
ucts otherwise prohibited by such subsection if and ranching opportunities for military vet- search Service (ARS) Concerning Laboratory
the plans and specifications have received re- erans. Animal Welfare’’ (16–6100–0103–MU Revision 16–
quired approvals from State agencies prior to SEC. 740. For school years 2022–2023 and 2023– 1) shall be inspected by APHIS for compliance
the date of enactment of this Act. 2024, none of the funds made available by this with the Animal Welfare Act and its regulations
(g) For purposes of this section, the terms Act may be used to implement or enforce the and standards.
‘‘United States’’ and ‘‘State’’ shall include each matter following the first comma in the second SEC. 751. None of the funds made available by
of the several States, the District of Columbia, sentence of footnote (c) of section 220.8(c) of title this Act may be used to procure raw or proc-
and each Federally recognized Indian Tribe. 7, Code of Federal Regulations, with respect to essed poultry products imported into the United
SEC. 735. None of the funds appropriated by the substitution of vegetables for fruits under States from the People’s Republic of China for
this Act may be used in any way, directly or in- the school breakfast program established under use in the school lunch program under the Rich-
directly, to influence congressional action on section 4 of the Child Nutrition Act of 1966 (42 ard B. Russell National School Lunch Act (42
any legislation or appropriation matters pend- U.S.C. 1773). U.S.C. 1751 et seq.), the Child and Adult Care
ing before Congress, other than to communicate SEC. 741. None of the funds made available by Food Program under section 17 of such Act (42
to Members of Congress as described in 18 U.S.C. this Act or any other Act may be used— U.S.C. 1766), the Summer Food Service Program
1913. (1) in contravention of section 7606 of the Ag- for Children under section 13 of such Act (42
SEC. 736. Of the total amounts made available ricultural Act of 2014 (7 U.S.C. 5940), subtitle G U.S.C. 1761), or the school breakfast program
by this Act for direct loans and grants under the of the Agricultural Marketing Act of 1946, or under the Child Nutrition Act of 1966 (42 U.S.C.
following headings: ‘‘Rural Housing Service— section 10114 of the Agriculture Improvement 1771 et seq.).
Rural Housing Insurance Fund Program Ac- Act of 2018; or SEC. 752. For school year 2023–2024, only a
count’’; ‘‘Rural Housing Service—Mutual and (2) to prohibit the transportation, processing, school food authority that had a negative bal-
Self-Help Housing Grants’’; ‘‘Rural Housing sale, or use of hemp, or seeds of such plant, that ance in the nonprofit school food service ac-
Service—Rural Housing Assistance Grants’’; is grown or cultivated in accordance with sec- count as of June 30, 2022, shall be required to es-
‘‘Rural Housing Service—Rural Community Fa- tion 7606 of the Agricultural Act of 2014 or Sub- tablish a price for paid lunches in accordance
cilities Program Account’’; ‘‘Rural Business-Co- title G of the Agricultural Marketing Act of with section 12(p) of the Richard B. Russell Na-
operative Service—Rural Business Program Ac- 1946, within or outside the State in which the tional School Lunch Act (42 U.S.C. 1760(p)).
count’’; ‘‘Rural Business-Cooperative Service— hemp is grown or cultivated. SEC. 753. There is hereby appropriated
Rural Economic Development Loans Program SEC. 742. There is hereby appropriated $2,000,000, to remain available until expended,
Account’’; ‘‘Rural Business-Cooperative Serv- $3,000,000, to remain available until expended, for the Secretary of Agriculture to carry out a
ice—Rural Cooperative Development Grants’’; for grants under section 12502 of Public Law pilot program that assists rural hospitals to im-
‘‘Rural Business-Cooperative Service—Rural 115–334. prove long-term operations and financial health
Microentrepreneur Assistance Program’’; SEC. 743. There is hereby appropriated by providing technical assistance through anal-
‘‘Rural Utilities Service—Rural Water and $1,000,000 to carry out section 3307 of Public ysis of current hospital management practices.
Waste Disposal Program Account’’; ‘‘Rural Util- Law 115–334. SEC. 754. Any funds made available by this or
ities Service—Rural Electrification and Tele- SEC. 744. The Secretary of Agriculture may any other Act that the Secretary withholds pur-
communications Loans Program Account’’; and waive the matching funds requirement under suant to section 1668(g)(2) of the Food, Agri-
‘‘Rural Utilities Service—Distance Learning, section 412(g) of the Agricultural Research, Ex- culture, Conservation, and Trade Act of 1990 (7
Telemedicine, and Broadband Program’’, to the tension, and Education Reform Act of 1998 (7 U.S.C. 5921(g)(2)), as amended, shall be avail-
maximum extent feasible, at least 10 percent of U.S.C. 7632(g)). able for grants for biotechnology risk assessment
the funds shall be allocated for assistance in SEC. 745. There is hereby appropriated research: Provided, That the Secretary may
persistent poverty counties under this section, $2,000,000, to remain available until expended, transfer such funds among appropriations of the
including, notwithstanding any other provision for a pilot program for the Secretary to provide Department of Agriculture for purposes of mak-
regarding population limits, any county seat of grants to qualified non-profit organizations and ing such grants.
such a persistent poverty county that has a pop- public housing authorities to provide technical SEC. 755. Hereafter, none of the funds made
ulation that does not exceed the authorized pop- assistance, including financial and legal serv- available by this Act or any other Act, may be
ulation limit by more than 10 percent: Provided, ices, to RHS multi-family housing borrowers to used to pay the salaries or expenses of personnel
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That for purposes of this section, the term ‘‘per- facilitate the acquisition of RHS multi-family to implement any activities related to:
sistent poverty counties’’ means any county housing properties in areas where the Secretary (a) the permitting of non-recording of ob-
that has had 20 percent or more of its popu- determines a risk of loss of affordable housing, served violations of the Animal Welfare Act or
lation living in poverty over the past 30 years, by non-profit housing organizations and public its regulations on official inspection reports; or
as measured by the 1990 and 2000 decennial cen- housing authorities as authorized by law that (b) the prioritizing of education or collabo-
suses, and 2007–2011 American Community Sur- commit to keep such properties in the RHS rative approaches to violations or noncompli-
vey 5-year average, or any territory or posses- multi-family housing program for a period of ance ahead of enforcement under the Animal
sion of the United States: Provided further, time as determined by the Secretary. Welfare Act.
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December 14, 2022 CONGRESSIONAL RECORD — HOUSE H9803
SEC. 756. There is hereby appropriated shall prioritize such assistance to agricultural DIVISION B—WAYS & MEANS
$400,000 to carry out section 1672(g)(4)(B) of the producers in states and territories that have es- SEC. 1101. ADDITION OF VACCINES AGAINST
Food, Agriculture, Conservation, and Trade Act tablished a tolerance threshold for PFAS in a COVID–19 TO LIST OF TAXABLE VAC-
of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by food or agricultural product: Provided further, CINES.
section 7209 of Public Law 115–334. That, not later than 90 days after the end of fis- (a) IN GENERAL.—Section 4132(a)(1) of the In-
SEC. 757. For necessary expenses associated cal year 2023, the Secretary shall submit a report ternal Revenue Code of 1986 is amended by add-
with cotton classing activities pursuant to 7 to the Congress specifying the type, amount, ing at the end the following new subparagraph:
U.S.C. 55, to include equipment and facility up- and method of such assistance by state and ter- ‘‘(Q) Any vaccine against COVID–19.’’.
grades, and in addition to any other funds made ritory and the status of the amounts obligated (b) EFFECTIVE DATE.—
available for this purpose, there is appropriated and plans for further expenditure, and include (1) SALES, ETC.—The amendment made by this
$4,000,000, to remain available until September improvements that can be made to U.S. Depart- section shall apply to sales and uses on or after
30, 2024: Provided, That amounts made available ment of Agriculture programs, either adminis- the later of—
in this section shall be treated as funds collected tratively or legislatively, to increase support for (A) the first day of the first month which be-
by fees authorized under Mar. 4, 1923, ch. 288, agricultural producers impacted by PFAS con- gins more than 4 weeks after the date of the en-
§5, 42 Stat. 1518, as amended (7 U.S.C. 55). tamination and to enhance scientific knowledge actment of this Act, or
SEC. 758. Notwithstanding any other provision on PFAS uptake in crops and livestock and (B) the date on which the Secretary of Health
of law, no funds available to the Department of PFAS mitigation and remediation methods and and Human Services lists any vaccine against
Agriculture may be used to move any staff office disseminate such knowledge to agricultural pro- COVID–19 for purposes of compensation for any
or any agency from the mission area in which it ducers. vaccine-related injury or death through the
was located on August 1, 2018, to any other mis- SEC. 764. Any future compliance date for any
Vaccine Injury Compensation Trust Fund.
sion area or office within the Department in the provision of the Food and Drug Administra-
(2) DELIVERIES.—For purposes of paragraph
absence of the enactment of specific legislation tion’s final rule entitled ‘‘Milk and Cream Prod-
(1) and section 4131 of the Internal Revenue
affirming such move. ucts and Yogurt Products; Final Rule To Re-
Code of 1986, in the case of sales on or before
SEC. 759. The Secretary, acting through the voke the Standards for Lowfat Yogurt and Non-
the effective date described in such paragraph
Chief of the Natural Resources Conservation fat Yogurt and To Amend the Standard for Yo-
for which delivery is made after such date, the
Service, may use funds appropriated under this gurt’’ (86 Fed. Reg. 31117, June 11, 2021) for
delivery date shall be considered the sale date.
Act or any other Act for the Watershed and which the agency is exercising enforcement dis-
cretion or that is stayed as a result of objections SEC. 1102. BUDGETARY EFFECTS.
Flood Prevention Operations Program and the
Watershed Rehabilitation Program carried out timely filed under 21 U.S.C. 371(e)(2), shall be (a) STATUTORY PAYGO SCORECARDS.—The
pursuant to the Watershed Protection and established no earlier than January 1 of the budgetary effects of this division shall not be
Flood Prevention Act (16 U.S.C. 1001 et seq.), year that is three years after either: entered on either PAYGO scorecard maintained
and for the Emergency Watershed Protection (a) Final action upon such objection(s) is pursuant to section 4(d) of the Statutory Pay-
Program carried out pursuant to section 403 of taken by the Secretary of Health and Human As-You-Go Act of 2010.
the Agricultural Credit Act of 1978 (16 U.S.C. Services; or (b) SENATE PAYGO SCORECARDS.—The budg-
(b) The party withdraws such objection(s). etary effects of this division shall not be entered
2203) to provide technical services for such pro- SEC. 765. In addition to the amount of reim-
grams pursuant to section 1252(a)(1) of the Food on any PAYGO scorecard maintained for pur-
bursement for administrative and operating ex- poses of section 4106 of H. Con. Res. 71 (115th
Security Act of 1985 (16 U.S.C. 3851(a)(1)), not- penses available for crop insurance contracts
withstanding subsection (c) of such section. Congress).
described in subsection (a)(2)(F) of section III of (c) CLASSIFICATION OF BUDGETARY EFFECTS.—
SEC. 760. In administering the pilot program
the 2023 Standard Reinsurance Agreement Notwithstanding Rule 3 of the Budget
established by section 779 of division A of the
(SRA) that cover agricultural commodities de- Scorekeeping Guidelines set forth in the joint
Consolidated Appropriations Act, 2018 (Public
scribed in section 101 of title I of the Specialty explanatory statement of the committee of con-
Law 115–141), the Secretary of Agriculture may, Crops Competitiveness Act of 2004 (7 U.S.C. 1621
for purposes of determining entities eligible to ference accompanying Conference Report 105–
note), there is hereby appropriated $50,000,000, 217 and section 250(c)(8) of the Balanced Budget
receive assistance, consider those communities to remain available until expended, to pay, with
which are ‘‘Areas Rural in Character’’: Pro- and Emergency Deficit Control Act of 1985, the
respect to such contracts for the 2021 reinsur- budgetary effects of this division shall not be es-
vided, That not more than 10 percent of the ance year, an amount that is equal to the dif-
funds made available under the heading ‘‘Dis- timated—
ference between the amount to be paid pursuant (1) for purposes of section 251 of such Act;
tance Learning, Telemedicine, and Broadband to the SRA for the applicable reinsurance year
Program’’ for the purposes of the pilot program (2) for purposes of an allocation to the Com-
and the amount that would be paid if such con- mittee on Appropriations pursuant to section
established by section 779 of Public Law 115–141 tracts were not subject to a reduction described
may be used for this purpose. 302(a) of the Congressional Budget Act of 1974;
in subsection (a)(2)(G) of section III of the SRA and
SEC. 761. There is hereby appropriated but subject to a reimbursement rate equal to 17.5
$29,700,000 for the Goodfellow Federal facility, (3) for purposes of paragraph (4)(C) of section
percent of the net book premium. 3 of the Statutory Pay-As-You-Go Act of 2010 as
to remain available until expended, which shall SEC. 766. There is appropriated to the Depart-
be transferred to and merged with the appro- being included in an appropriation Act.
ment of Agriculture, for an additional amount
priation for ‘‘Food Safety and Inspection Serv- for ‘‘Agricultural Programs—Processing, Re- DIVISION C
ice’’. search, and Marketing—Office of the Sec- f
SEC. 762. Hereafter, none of the funds made retary’’, $10,000,000, which shall remain avail-
available by this Act or any other Act may be able until expended, for necessary expenses to MOTION TO SUSPEND THE RULES
used to pay the salaries or expenses of per- address assistance for disasters occurring in cal- AND PASS CERTAIN BILLS AND
sonnel— endar year 2022.
(1) to inspect horses under section 3 of the
CONCUR IN SENATE AMENDMENT
SEC. 767. In addition to amounts otherwise
Federal Meat Inspection Act (21 U.S.C. 603); available, there is appropriated to the Secretary Mr. HOYER. Mr. Speaker, pursuant
(2) to inspect horses under section 903 of the of Agriculture $50,000,000, to remain available to section 5 of House Resolution 1518, I
Federal Agriculture Improvement and Reform until September 30, 2023, to provide relief pay- move to suspend the rules and pass the
Act of 1996 (7 U.S.C. 1901 note; Public Law 104– ments for frontline grocery workers through the bills: H.R. 1082; H.R. 5349; H.R. 6218;
127); or Farmworker and Food Worker Relief Grant Pro-
(3) to implement or enforce section 352.19 of H.R. 6220; H.R. 6221; H.R. 6611; H.R. 6630;
gram of the Agricultural Marketing Service.
title 9, Code of Federal Regulations (or a suc- SEC. 768. None of the funds made available by H.R. 6725; H.R. 7832; H.R. 8665; S. 558;
cessor regulation). this Act may be used to review or approve an and S. 789; and concur in the Senate
SEC. 763. There is appropriated to the Depart- application under section 505(i) of the Federal amendment to H.R. 7077.
ment of Agriculture, for an additional amount Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) The Clerk read the title of the bills
for ‘‘Agricultural Programs—Processing, Re- or section 351(a)(3) of the Public Health Service and the Senate amendment to H.R.
search, and Marketing—Office of the Sec- Act (42 U.S.C. 262(a)(3)) that is submitted by a 7077.
retary’’, $5,000,000, which shall remain available sponsor located in Russia, unless such applica-
until expended, for necessary expenses, under The text of the bill and the Senate
tion is for a drug that is intended to treat a seri-
such terms and conditions determined by the ous or life-threatening condition and for which
amendment to H.R. 7077 are as follows:
Secretary, related to testing soil, water, or agri- there is an unmet medical treatment need. SAMI’S LAW
cultural products for per- and polyfluoroalkyl SEC. 769. The Secretary of Agriculture shall H.R. 1082
substances (PFAS) at the request of an agricul- take such actions as may be necessary to pro-
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Be it enacted by the Senate and House of Rep-
tural producer, assisting agricultural producers hibit the purchase of agricultural land located resentatives of the United States of America in
affected by PFAS contamination with costs re- in the United States by companies owned, in full Congress assembled,
lated to mitigate the impacts to their operation or in part, by the People’s Republic of China,
SECTION 1. SHORT TITLE.
that have resulted from such contamination and Russia, North Korea, or Iran.
indemnifying agricultural producers for the This Act may be cited as the ‘‘Agriculture, This Act may be cited as the ‘‘Sami’s
value of unmarketable crops, livestock, and Rural Development, Food and Drug Administra- Law’’.
other agricultural products related to PFAS tion, and Related Agencies Appropriations Act, SEC. 2. DEFINITIONS.
contamination: Provided, That the Secretary 2023’’. In this Act:
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