Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill, 2021
Summary
House Report 116–446 is the report of the Committee on Appropriations, submitted by Mr. Bishop and ordered to be printed July 13, 2020, with minority views, on H.R. 7610, the bill making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for fiscal year 2021. The report states that the bill's discretionary spending totals $23,980,000,000, which is $487,000,000 above the fiscal year 2020 enacted level and $4,107,803,000 above the President's budget request. It states that the subcommittee had six hearings before congressional activities were suspended due to the COVID-19 pandemic. Its contents run from Title I, Agricultural Programs, to Title VII, General Provisions.
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“Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill, 2021.”
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–446
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPRO-
PRIATIONS BILL, 2021
JULY 13, 2020.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. BISHOP, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7610]
The Committee on Appropriations submits the following report in
explanation of the accompanying bill making appropriations for Ag-
riculture, Rural Development, Food and Drug Administration, and
Related Agencies for fiscal year 2021.
CONTENTS
Page
Title I—Agricultural Programs ............................................................................... 3
Title II—Farm Production and Conservation Programs ...................................... 46
Title III—Rural Development Programs ............................................................... 55
Title IV—Domestic Food Programs ........................................................................ 67
Title V—Foreign Assistance and Related Programs ............................................. 76
Title VI—Related Agencies and Food and Drug Administration ......................... 80
Title VII—General Provisions ................................................................................. 96
OVERVIEW
The Agriculture, Rural Development, Food and Drug Administra-
tion, and Related Agencies Subcommittee has jurisdiction over the
U.S. Department of Agriculture (USDA) except for the Forest Serv-
ice, the Food and Drug Administration (FDA), the Commodity Fu-
tures Trading Commission (CFTC), and the Farm Credit Adminis-
tration (FCA). The Subcommittee’s responsibility covers issues that
impact Americans every day of the year.
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40–805
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The fiscal year 2021 discretionary spending in this bill totals
$23,980,000,000 which is $487,000,000 above the fiscal year 2020
enacted level and $4,107,803,000 above the President’s budget re-
quest for fiscal year 2021.
In this report, ‘‘the Committees’’ refers to the Committees on Ap-
propriations of the House of Representatives and the Senate.
Prior to the suspension of congressional activities due to the
COVID–19 pandemic, the Subcommittee held six hearings related
to the agencies it funds. Those hearings were:
1. USDA Inspector General—February 11, 2020
2. Farm Credit Administration—February 12, 2020
3. HHS Inspector General—February 27, 2020
4. Member Day—March 3, 2020
5. USDA FY 2021 Budget Request—March 10, 2020
6. Food and Drug Administration FY 2021 Budget Re-
quest—March 11, 2020.
Advertising expenditures.—The Committee understands that, as
the largest advertiser in the United States, the federal government
should work to ensure fair access to its advertising contracts for
small disadvantaged businesses and businesses owned by minori-
ties and women. The Committee directs each department and agen-
cy to include the following information in its fiscal year 2022 budg-
et justification: expenditures for fiscal year 2020 and expected ex-
penditures for fiscal years 2021 and 2022, for (1) all contracts for
advertising services; and (2) contracts for the advertising services
of (a) socially and economically disadvantaged small businesses
concerns (as defined in section 8(a)(4) of the Small Business Act (15
U.S.C. 637 (a)(4)); and (b) women- and minority-owned businesses.
Federal Law Enforcement.—The Committee notes that the Com-
merce, Justice, Science, and Related Agencies Appropriations Act,
2021 directs the Attorney General to establish a training program
to cover the use of force and de-escalation, racial profiling, implicit
bias, and procedural justice, to include training on the duty of Fed-
eral law enforcement officers to intervene in cases where another
law enforcement officer is using excessive force, and make such
training a requirement for Federal law enforcement officers. The
Committee further notes that several agencies funded by this Act
employ Federal law enforcement officers and are Federal Law En-
forcement Training Centers partner organizations. The Committee
directs such agencies to adopt and follow the training program es-
tablished by the Attorney General, and to make such training a re-
quirement for its Federal law enforcement officers. The Committee
further directs such agencies to brief the Committees on their ef-
forts relating to training no later than 90 days after the Attorney
General has established such a training program.
In addition, the Committee directs such agencies, to the extent
that they have not already done so, to submit their use of force
data to the Federal Bureau of Investigation (FBI)’s National Use
of Force Data Collection database. The Committee further directs
such agencies to brief the Committees no later than 90 days after
enactment of this Act on their current efforts to tabulate and sub-
mit its use of force data to the FBI.
Performance Measures.—The Committee directs USDA and FDA
to comply with title 31 of the United States Code, including the de-
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velopment of their organizational priority goals and outcomes such
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3
as performance outcome measures, output measures, efficiency
measures, and customer service measures. The Committee looks
forward to receiving a briefing from these agencies on the imple-
mentation plan for measures within 60 days of enactment of this
Act.
TITLE I
AGRICULTURAL PROGRAMS
PROCESSING, RESEARCH AND MARKETING
OFFICE OF THE SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. $46,139,000
2021 budget estimate ......................................................................... 47,836,000
Provided in the bill ............................................................................. 47,638,000
Comparison:
2020 appropriation ...................................................................... +1,499,000
2021 budget estimate .................................................................. ¥198,000
The following table reflects the amount provided by the Com-
mittee for each office and activity:
[Dollars in thousands]
FY 2020 FY 2021 Committee
enacted estimate provision
Office of the Secretary ........................................................................................................ 5,051 5,143 5,118
Office of Homeland Security ............................................................................................... 1,496 1,336 1,329
Office of Partnerships and Public Engagement ................................................................. 6,211 1,957 6,508
Office of the Assistant Secretary for Administration ......................................................... 875 887 883
Departmental Administration .............................................................................................. 21,376 27,161 22,509
Office of the Assistant Secretary for Congressional Relations and Intergovernmental
Affairs ............................................................................................................................. 3,869 3,941 3,921
Office of Communications .................................................................................................. 7,261 7,411 7,370
Total, Office of the Secretary .................................................................................... 46,139 47,836 47,638
COMMITTEE PROVISIONS
For the Office of the Secretary, the Committee provides an ap-
propriation of $47,638,000.
The Committee provides an increase of $1,000,000 for Depart-
mental Administration (DA) to proactively address hiring chal-
lenges facing USDA agencies. The Committee remains concerned
about staffing shortages impacting effective program delivery and
urges DA to make efficient hiring processes a priority.
The Committee provides $6,508,000 for the Office of Partnerships
and Public Engagement (OPPE) and rejects the reductions pro-
posed in the budget request. The Committee strongly supports the
Outreach and Assistance for Socially Disadvantaged Farmers and
Veterans program and restores the funding provided in fiscal year
2020 for grants. In addition, the bill provides $5,000,000 for the
Farming Opportunities Training and Outreach Program as author-
ized by the 2018 Farm Bill. This funding is in addition to the
$35,000,000 in total mandatory funds available in 2021. OPPE is
directed to use not more than five percent of this sum for adminis-
trative costs. The Committee provides a total of $1,000,000 for the
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Office of Tribal Relations.
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The Committee notes that the fiscal year 2021 budget requested
funding in excess of $60,000,000 for activities in various offices in
Executive Operations that are already underway and being funded
outside of annual appropriations bills. The bill does not fund those
activities because the budget justification did not provide sufficient
reason to do so.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116–136) provided $9,500,000,000 to the Office of the
Secretary for assistance to agricultural producers impacted by the
coronavirus health emergency.
Asian American, Native Hawaiian, and Pacific Islander Farm-
ers.—The Committee is interested in the actions the USDA has
taken to recruit and outreach to Asian American, Native Hawaiian,
and Pacific Islander farmers. Within 120 days of the enactment of
this Act, the Committee directs the USDA to provide a report on
its outreach and recruitment activities, and a list of available re-
quired resources in additional Asian American and Pacific Islander
languages.
CCC Report.—The Committee directs the Secretary to provide a
report on November 15, 2020, and May 18, 2021, on planned uses
of funding under the authorities of Section 4 and Section 11 of the
CCC Charter Act.
Commodity Credit Corporation (CCC) Obligations and Commit-
ments.—The Secretary is directed to notify the Committees in writ-
ing 15 days prior to any announcement on the use of funds from
the CCC or to the obligation or commitment of any emergency
funds from the CCC.
Communication from USDA.—A collaborative working relation-
ship between the Committee and USDA is necessary to ensure effi-
cient and effective implementation of Congress’ funding decisions.
USDA is directed to ensure that the Committee is notified of major
changes to existing policies and any significant developments in its
operations, before providing non-governmental stakeholders such
information, before making the changes public and before imple-
menting them.
COVID–19 and Agricultural Farmworker.—The Committee rec-
ognizes the risks posed by the COVID–19 pandemic to our nation’s
essential farm workforce as they continue to ensure the availability
of the food supply. As such, the Department is encouraged to
prioritize COVID–19 related financial assistance to employers of
farmworkers who comply with CDC requirements for employers to
plan and respond to COVID–19, such as ensuring adequate social
distancing and sanitation.
Customer Service.—The Committee continues to support efforts
to improve customer service in accordance with Executive Order
13571—Streamlining Service Delivery and Improving Customer
Service. The Committee directs the Secretary to develop standards
to improve customer service and incorporate the standards into the
performance plans required under 31 U.S.C. 1115. The Department
is further directed to brief the Committee, within 60 days of the
passage of this Act, on its efforts in this regard.
Diet-related Chronic Diseases.—The Committee is aware that the
Government Accountability Office (GAO) is currently working on a
review of the prevalence, direct medical costs, and mortality of se-
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lected diet-related chronic diseases; what federal agency diet-re-
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lated efforts aim to reduce Americans’ risk of diet-related chronic
disease; and the extent to which federal agencies effectively collabo-
rate on these efforts. The Committee is very concerned about these
issues as well, particularly the potential fragmentation among
these programs, and looks forward to GAO’s findings in its upcom-
ing report. The Committee directs the Secretary of Agriculture and
the Commissioner of the Food and Drug Administration, working
with the other members of the Interagency Committee on Human
Nutrition Research (ICHNR), to convene a meeting within 30 days
of the release of the GAO report to address any shortcomings iden-
tified by GAO in how the various federal agencies and departments
currently collaborate and utilize federal resources to reduce and
eliminate diet-related chronic disease. Lastly, the Committee di-
rects the USDA and FDA to provide a joint briefing to the Commit-
tees on the corresponding strategic plan within 60 days of the re-
lease of the GAO report.
Disclosures Under the Agricultural Foreign Investment Disclosure
Act.—The Committee recognizes the national security risk posed by
foreign investment in domestic agricultural land. For this reason,
the Committee urges USDA to prioritize the tracking and reporting
of foreign investment in agricultural land and verifying the accu-
racy of filings made by foreign investors who acquire, transfer or
hold an interest in U.S. agricultural land.
Emissions Reduction Plan.—The Committee recognizes the ur-
gent necessity of reducing greenhouse gas emissions in order to
mitigate the impacts of global climate change and the important
role the agriculture sector can play in that effort. The Committee
encourages USDA to consider climate impacts and emissions reduc-
tions centrally in its activities and directs USDA to provide not
later than 180 days after the enactment of this Act a report out-
lining its plans to reduce greenhouse gas emissions.
ERS/NIFA Move.—It has been almost exactly two years since
the Secretary announced the decision to relocate ERS and NIFA
outside of the greater Washington, D.C. area. Despite objections
from the Committee, members of the House and Senate, numerous
current and former staff of both agencies, and stakeholders who de-
pend on the information and support provided by each agency, the
Department relocated both agencies, starting in the summer of
2019. The Committee reiterates its frustration at the repeated dif-
ficulties it experiences in getting basic information about the move
from the Department. One of the stated reasons for the move was
to improve the Department’s ability to attract and retain highly
qualified staff. At the time of the relocation announcement, both
ERS and NIFA each had close to 300 employees. Today, the total
number of employees for each agency is below 150. ERS and NIFA
are shells of their former selves and the loss of institutional knowl-
edge each agency has suffered will take years to overcome. The
Committee requests the National Academies of Sciences, Engineer-
ing, and Medicine to conduct symposia to elucidate the effects of
the relocation of each agency. The symposium on ERS shall include
an examination of the policy-oriented work conducted by ERS both
before and after the relocation and identify any gaps in output that
might adversely affect the quality and quantity of data and anal-
ysis available to the agency’s stakeholders. The symposium on
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NIFA shall include a discussion of the grants management, time to
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completion of grants processing and issuance of letters of funding,
and panel review processes and associated costs of the agency both
before and after the relocation and documentation of delays that
have occurred post-relocation. The Committee expects the symposia
to clarify the consequences of relocation on the capacity of the
agencies to deliver their programs and to explore remedial actions
that could be taken to address any deficiencies that arise from the
relocation and from attendant disruptions to agency functions and
personnel.
Explanatory Notes.—The Committee appreciates receiving the de-
tailed information provided in the Explanatory Notes prepared by
the Department and relies heavily on this information when con-
sidering budget proposals. Without consultation with or approval
from the Committee, the Department changed the format of these
materials for the fiscal year 2021 budget request. For fiscal year
2022 and future years, the Department is directed to present Ex-
planatory Notes in a format consistent with the presentation used
for the fiscal year 2020 Budget, with similar display and narrative
and table contents. The Explanatory Notes should also put the ac-
counts in the same order as the accounts in the bill. Any deviations
from that format are to be approved in advance by the Committee.
The justifications for the fiscal year 2021 budget request are also
insufficient. Much of the justification materials is a restatement of
the proposed changes and not an explanation or rationale to justify
the changes. The Committee cannot support proposals in the budg-
et submission that include significant changes with no justification
and basis. The Committee strongly encourages the Department to
improve the quality of its budget justifications.
Goodfellow Federal Center.—The Committee provides a total of
$38,700,000 to start relocating USDA employees from the Good-
fellow Federal Center in St. Louis, MO. Due to the potential envi-
ronmental hazards at the complex identified in the April 2019 GSA
Inspector General report, USDA has made provisions to move its
employees from the facility. The Committee understands that
USDA is working with GSA to obtain relief for buildout and reloca-
tion expenses, including furniture and equipment costs, for USDA
occupants compelled to leave the facility for the continued health,
safety, and welfare of its employees. The Committee directs USDA
to continue working with GSA to help offset future relocation costs
and to report regularly on this effort. The Committee awaits this
information and further progress on the search for appropriate fa-
cilities before appropriating additional funds.
Grain Terminals.—The Committee notes the ongoing contract ne-
gotiations between West Coast grain terminal operators and the
International Longshore and Warehouse Union and recognizes the
importance of reaching an agreement that works for both parties.
A failure to reach an agreement could result in an interruption in
grain terminal service that would negatively impact the nation’s
grain exports. The Committee urges all parties to continue negoti-
ating in good faith to ensure an equitable outcome for both grain
terminal operators and their workers is expeditiously reached.
Hemp.—The Committee is aware of the difficulty farmers face in
trying to control the legal tetrahydrocannabinol (THC) content of
their hemp. The Committee recognizes that these challenges are
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exacerbated by lack of information, best practices, and tools to con-
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trol the hemp content of THC. The Committee directs USDA to re-
port to Congress on the number of acres of hemp, by state that
have been required to be destroyed because the crop exceeds the
limit 0.3 percent THC content; the number of producers, by state,
who are found to have a negligent violation of the 0.3 percent limit;
and the total number, by state, of producers whose hemp has been
tested for THC.
Loan and Grant Programs.—The Committee directs that if an es-
timate of loan activity for any program funded in Titles II and III
of this bill indicates that a limitation on authority to make commit-
ments for a fiscal year will be reached before the end of that fiscal
year, or in any event when 75 percent of the authority to make
commitments has been utilized, the Secretary shall promptly notify
the Committees through OBPA. The Committee directs the Depart-
ment, through OBPA, to provide quarterly reports to the Commit-
tees on the status of obligations and funds availability for the loan
and grant programs provided in this bill.
Lobsters.—The Committee is aware of the President’s memo-
randum on protecting the United States lobster industry, which is
suffering from trade disruptions and the impact of COV1D–19. The
Committee directs the Secretary to review the memorandum and
prioritize appropriate assistance to the lobster industry.
National Finance Center.—The National Finance Center (NFC) is
the largest designated Federal Government Payroll Shared Service
Provider and it provides integrated payroll and personnel services
for over 640,000 Federal employees. To ensure that thousands of
Federal employees’ pay and human resources services are not in-
terrupted or adversely impacted by major organizational changes,
the Committee has modified requirements under current law relat-
ing to NFC payroll and shared services operations, missions, per-
sonnel, and functions. The Committee also directs the USDA to
provide quarterly reports on full-time equivalent (FTE) levels for
each of the current NFC divisions, operations, and functions, as
well as each of the Office of the Chief Financial Officer (OCFO) and
Office of the Chief Information Officer (OCIO) divisions, operations,
and functions currently co-located with the NFC. The reports also
are to include a detailed breakdown of the FTEs for each and any
of these same divisions, functions, or operations for the NFC and
the co-located OCFO and OCIO functions compared to those during
FY 2017 and 2018.
Native Plant Use Preference.—The Committee continues to sup-
port the use of locally adapted native plant materials in the under-
taking of land management activity on Federal lands under the ju-
risdiction of the Department of Agriculture, including in mainte-
nance and in restoration in response to degradation caused by
human activity or natural events (such as fire, flood, or infesta-
tion). The Committee directs that it be the policy of the USDA that
preference shall be made, to the extent practicable, for the use of
locally adapted native plant materials in these cases.
New Initiatives.—The Committee is concerned about the Depart-
ment’s tardiness in implementing new initiatives funded in the an-
nual appropriations Acts. No later than 60 days after enactment,
the Department is requested to submit an execution strategy for
each new initiative funded in this Act. This strategy should in-
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clude, but is not limited to, the steps necessary to make funding
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available, the timeline thereof, targeted beneficiaries, and expected
results. The Committee requests quarterly reports on these initia-
tives until the initiative has been fully implemented.
Notification Requirements.—The Committee reminds the Depart-
ment that the Committee uses the definitions for transfer, re-
programming, and program, project, and activity as defined by the
Government Accountability Office (GAO). As noted in the 2020
Joint Explanatory Statement, a program, project, or activity (PPA)
is an element within a budget account. PPAs are identified by ref-
erence to include the most specific level of budget items identified
in the Agriculture, Rural Development, Food and Drug Administra-
tion, and Related Agencies Act, 2020, accompanying Committee re-
ports, explanatory statements, and budget justifications. The Com-
mittee notes that the most specific level of budget items in the
USDA budget justifications is not limited to tables titled ‘‘Project
Statement’’.
One Health Initiative.—USDA has partnered with the U.S. Fish
and Wildlife Service, the Food and Drug Administration, the Cen-
ters for Disease Control and Prevention, the National Institutes of
Health and the Environmental Protection Agency to leverage its re-
sources to address health risks to human and animals. The Com-
mittee requests a briefing on what USDA is currently doing with
respect to this initiative.
Pay Costs.—The Committee provides the requested pay cost and
FERS costs for all offices and agencies of USDA funded in this bill.
Performance Management.—The Committee is aware of the De-
partment’s intention to transition from a five-tier performance rat-
ing system to a two-tier system in the coming months. The Com-
mittee is concerned about the short comment period provided for
such a potentially significant shift in policy. Prior to finalizing any
change to performance management policy, the Committee directs
the Department to survey employees and to reopen the comment
period to seek additional comments from the public. The Depart-
ment is further directed to brief the Committee within 30 days
after the end of the comment period. The briefing shall include, but
not be limited to, results of the employee survey; all comments re-
ceived; plans to address concerns; and data and analysis supporting
any changes from the current system.
Protecting Animals with Shelter Grants Program.—The Com-
mittee provides $3,000,000 for the program. It directs the Secretary
of Agriculture to continue coordinating with other federal agencies
to efficiently implement the grant program for providing emergency
and transitional shelter options for domestic violence survivors
with companion animals.
Review of Nutrition Programs.—The Committee encourages the
Secretary to review Department-wide nutrition programs, with the
full participation of Indian tribes and tribal organizations, to con-
sider ways in which more Native foods can be incorporated into
these programs where possible and the possibility of allowing tribes
to provide input into federal nutritional guidance that reflects
unique Indian tribal need.
Rural Broadband.—The Committee continues to support the Re-
Connect program to increase access to broadband connectivity in
unserved rural communities. The Committee continues to direct
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the Department to target grants and loans to areas of the country
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with the largest broadband coverage gaps. These projects should
utilize technology that will maximize coverage of broadband with
the most benefit to taxpayers and the rural communities served.
Technologies to consider should include, but are not limited to,
fiber, cable modem, fixed wireless, and television white space. The
bill includes funding for broadband deployment through the
Broadband Loan program, Community Connect grant program,
Distance Learning and Telemedicine program and $990,000,000 for
the ReConnect program.
Small Producers.—The Committee recognizes that local farms
are eager to sell to the emergency food system and contribute to
the food security of their communities. However, small producers
face significant barriers acquiring federal third-party food safety
audits such as Good Agricultural Practices and Good Handling
Practices. The Committee directs the Secretary to make assistance
available to small producers to assist them in taking the steps nec-
essary to participate in federal food programs.
Spending Plans.—The bill continues a provision in Title VII that
requires USDA to submit spending plans to the Committee within
30 days of enactment. Previous versions of these plans have not in-
cluded adequate details that would be useful for Committee over-
sight. Beginning with the fiscal year 2021 plans, the Committee re-
quests that the USDA spending plans include for each program,
project, or activity: (1) a comparison between the congressional
budget justification funding levels, the most recent congressional
directives or approved funding levels, and the funding levels pro-
posed by the department or agency; and (2) a clear, concise, and
informative description/justification. The Committee reminds
USDA of notification requirements, also included in Title VII, for
all applicable changes.
Status of House and Senate Report Language.—The Department
is directed to include in its fiscal year 2022 Congressional Justifica-
tion, as a single exhibit, a table listing all deliverables, with a col-
umn for due dates if applicable. The Office of Budget and Program
Analysis (OBPA) is directed to provide updates on the status of
House and Senate reports upon request from the Committees.
USDA and the Environmental Protection Agency (EPA) Data
Sharing Efforts.—The Committee recognizes that the EPA Motor
Vehicle Emissions Simulator (MOVES) emission modeling system
is used to estimate emissions for mobile sources for air pollutants,
greenhouse gases, and air toxics. The Committee encourages USDA
to work with EPA on sharing and gathering blended fuels data nec-
essary for future updates to the MOVES model.
USDA-owned Vehicles.—The Committee awaits the report re-
quested in the fiscal year 2020 report on how the Department
plans to better manage its vehicle fleet.
USDA presence in Puerto Rico.—The Committee recognizes the
work undertaken by the National Agricultural Statistics Service
(NASS) and the Agricultural Marketing Service (AMS) to compile
data that informs farmers and producers in U.S. jurisdictions. The
Committee further recognizes the importance of their presence in
Puerto Rico to have a complete understanding of the role of agri-
culture in Puerto Rico’s economy and food availability. The Com-
mittee notes that the fiscal year 2020 House report directed NASS
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to explore reestablishing a physical presence in Puerto Rico and re-
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10
port back to the Committees; the Committee looks forward to re-
ceiving this report. The Committee directs the Department to sub-
mit a report on the efforts and personnel of NASS and AMS in
Puerto Rico not later than 60 days after the enactment of this Act.
Vacancy Rates.—The Committee remains concerned with the ris-
ing number of technical staff and research vacancies at all agencies
within the Research, Education, and Economics Mission Area and
strongly encourages USDA to fill these vacancies expeditiously.
Victory Gardens.—The Committee recognizes the pressure the
COVID–19 pandemic is putting on our food supply chain and on
vulnerable families. During World War I and World War II, Ameri-
cans grew ‘‘Victory Gardens’’ as a patriotic means of ensuring food
security. The Committee encourages the Secretary to use the model
of the ‘‘The People’s Garden’’ and use available funds to promote
a new ‘‘Victory Garden’’ campaign across the country to citizens
and schools in food insecure regions. Funding should be used for
seeds and gardening education materials.
EXECUTIVE OPERATIONS
OFFICE OF THE CHIEF ECONOMIST
2020 appropriation ............................................................................. $24,013,000
2021 budget estimate ......................................................................... 20,857,000
Provided in the bill ............................................................................. 21,251,000
Comparison:
2020 appropriation ...................................................................... ¥2,762,000
2021 budget estimate .................................................................. +394,000
COMMITTEE PROVISIONS
For the Office of the Chief Economist, the Committee provides
$21,251,000, including an increase of $500,000 for the U.S. Drought
Monitor.
OFFICE OF HEARINGS AND APPEALS
2020 appropriation ............................................................................. $15,222,000
2021 budget estimate ......................................................................... 15,533,000
Provided in the bill ............................................................................. 15,448,000
Comparison:
2020 appropriation ...................................................................... +226,000
2021 budget estimate .................................................................. ¥85,000
COMMITTEE PROVISIONS
For the Office of Hearings and Appeals, the Committee provides
$15,448,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
2020 appropriation ............................................................................. $9,525,000
2021 budget estimate ......................................................................... 20,660,000
Provided in the bill ............................................................................. 9,666,000
Comparison:
2020 appropriation ...................................................................... +141,000
2021 budget estimate .................................................................. ¥10,994,000
COMMITTEE PROVISIONS
For the Office of Budget and Program Analysis (OBPA), the
Committee provides $9,666,000. The Committee does not include
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direct funding for activities currently funded through other re-
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11
sources such as the Working Capital Fund. The Committee also
does not approve the requested increases for additional staff. Most
of these new positions are for new responsibilities the office is per-
forming during fiscal year 2020 that were not described in the 2020
budget request. The Committee reminds OBPA of notification re-
quirements under section 716(d)(3) of the fiscal year 2020 Agri-
culture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act.
OFFICE OF THE CHIEF INFORMATION OFFICER
2020 appropriation ............................................................................. $66,580,000
2021 budget estimate ......................................................................... 142,812,000
Provided in the bill ............................................................................. 73,354,000
Comparison:
2020 appropriation ...................................................................... +6,774,000
2021 budget estimate .................................................................. ¥69,458,000
COMMITTEE PROVISIONS
For the Office of the Chief Information Officer, the Committee
provides an appropriation of $73,354,000. The Committee has pro-
vided full funding for the costs expected to be incurred in fiscal
year 2021 for the Goodfellow move. No funds are provided for addi-
tional staff because of the absence of sufficient justification.
OFFICE OF THE CHIEF FINANCIAL OFFICER
2020 appropriation ............................................................................. $6,028,000
2021 budget estimate ......................................................................... 11,104,000
Provided in the bill ............................................................................. 6,137,000
Comparison:
2020 appropriation ...................................................................... +109,000
2021 budget estimate .................................................................. ¥4,967,000
COMMITTEE PROVISIONS
For the Office of the Chief Financial Officer, the Committee pro-
vides an appropriation of $6,137,000. The Committee does not pro-
vide an increase for activities that have historically been funded
through other means. It also does not provide an increase for policy
staff in the absence of a sufficient justification of need.
OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS
2020 appropriation ............................................................................. $901,000
2021 budget estimate ......................................................................... 914,000
Provided in the bill ............................................................................. 910,000
Comparison:
2020 appropriation ...................................................................... +9,000
2021 budget estimate .................................................................. ¥4,000
COMMITTEE PROVISIONS
For the Office of the Assistant Secretary for Civil Rights, the
Committee provides an appropriation of $910,000.
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OFFICE OF CIVIL RIGHTS
2020 appropriation ............................................................................. $24,206,000
2021 budget estimate ......................................................................... 20,633,000
Provided in the bill ............................................................................. 22,875,000
Comparison:
2020 appropriation ...................................................................... ¥1,331,000
2021 budget estimate .................................................................. +2,242,000
COMMITTEE PROVISIONS
For the Office of Civil Rights, the Committee provides an appro-
priation of $22,875,000. This includes rent savings from the Office’s
planned move to the South Building of $1,690,000. The Committee
rejects the inaccurate savings estimate included in the budget.
OFFICE OF SAFETY, SECURITY, AND PROTECTION
2020 appropriation ............................................................................. –––
2021 budget estimate ......................................................................... $24,978,000
Provided in the bill ............................................................................. 23,218,000
Comparison:
2020 appropriation ...................................................................... +23,218,000
2021 budget estimate .................................................................. ¥1,760,000
COMMITTEE PROVISIONS
For the Office of Safety, Security, and Protection, the Committee
provides an appropriation of $23,218,000. This includes funding
previously provided in other accounts that is now carried in this ac-
count, following a recent reorganization. It also includes an in-
crease, as reflected in information provided by USDA, for all secu-
rity needs for the safety of USDA personnel, of $2,665,000. This in-
crease is for an emergency communication center, contract security
guards, physical security assessments, and other security assess-
ments. No funds are provided for additional staff because of the ab-
sence of sufficient justification.
AGRICULTURE BUILDINGS AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. $128,167,000
2021 budget estimate ......................................................................... 152,830,000
Provided in the bill ............................................................................. 108,186,000
Comparison:
2020 appropriation ...................................................................... ¥19,981,000
2021 budget estimate .................................................................. ¥44,644,000
COMMITTEE PROVISIONS
For Agriculture Buildings and Facilities, the Committee provides
an appropriation of $108,186,000. The Committee strongly supports
the One Neighborhood initiative for which a large increase was re-
quested; however, the budget justification did not provide sufficient
justification to fund it in full.
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HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. $4,503,000
2021 budget estimate ......................................................................... 3,523,000
Provided in the bill ............................................................................. 7,518,000
Comparison:
2020 appropriation ...................................................................... +3,015,000
2021 budget estimate .................................................................. +3,995,000
COMMITTEE PROVISIONS
For Hazardous Materials Management, the Committee provides
an appropriation of $7,518,000. The Committee directs the Haz-
ardous Materials Management Program and the Hazardous Waste
Management Program to coordinate their work to ensure there is
no duplication.
OFFICE OF INSPECTOR GENERAL
2020 appropriation ............................................................................. $98,208,000
2021 budget estimate ......................................................................... 100,389,000
Provided in the bill ............................................................................. 99,791,000
Comparison:
2020 appropriation ...................................................................... +1,583,000
2021 budget estimate .................................................................. ¥598,000
COMMITTEE PROVISIONS
For the Office of Inspector General, the Committee provides an
appropriation of $99,791,000.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116–136) included $750,000 for OIG to prevent, prepare
for, and respond to coronavirus, domestically or internationally.
Animal fighting.—The Committee is very concerned about illegal
animal fighting activity. The OIG is encouraged to increase its ef-
forts to combat this illegal activity and to investigate animal fight-
ing as soon as it has any evidence of such illegal activity. The Com-
mittee also encourages the OIG to audit and investigate USDA en-
forcement of the Animal Welfare Act, the Horse Protection Act, and
the Humane Methods of Slaughter Act to help improve compliance
with these important laws.
OFFICE OF THE GENERAL COUNSEL
2020 appropriation ............................................................................. $45,146,000
2021 budget estimate ......................................................................... 45,878,000
Provided in the bill ............................................................................. 45,579,000
Comparison:
2020 appropriation ...................................................................... +433,000
2021 budget estimate .................................................................. ¥299,000
COMMITTEE PROVISIONS
For the Office of the General Counsel, the Committee provides
an appropriation of $45,579,000.
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OFFICE OF ETHICS
2020 appropriation ............................................................................. $4,136,000
2021 budget estimate ......................................................................... 4,222,000
Provided in the bill ............................................................................. 4,198,000
Comparison:
2020 appropriation ...................................................................... +62,000
2021 budget estimate .................................................................. ¥24,000
COMMITTEE PROVISIONS
For the Office of Ethics, the Committee provides an appropria-
tion of $4,198,000.
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION, AND
ECONOMICS
2020 appropriation ............................................................................. $800,000
2021 budget estimate ......................................................................... 813,000
Provided in the bill ............................................................................. 6,109,000
Comparison:
2020 appropriation ...................................................................... +5,309,000
2021 budget estimate .................................................................. +5,296,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Research, Education,
and Economics, the Committee provides an appropriation of
$6,109,000. The Committee does not provide the requested appro-
priation for the Office of the Chief Scientist as it has been histori-
cally funded through inter-agency agreements with the agencies in
the mission area.
Agriculture Advanced Research and Development Authority
(AGARDA).—The Committee notes that Section 7132 of the 2018
Farm Bill directed the Office of the Chief Scientist to complete a
strategic plan for AGARDA that demonstrates USDA’s vision for
AGARDA. The Committee directs USDA to complete this strategic
plan not later than 180 days after the enactment of this Act. The
plan should include a discussion of how AGARDA can work in col-
laboration with ongoing research programs operating in ARS and
the National Institute of Food and Agricuture (NIFA).
Enhancing Land-Grant Coordination.—The Committee encour-
ages USDA to align the Science Blueprint and the Agriculture In-
novation Agenda as a method to effectively address key challenges
facing American agriculture, especially with regard to competitive
grants. The Committee provides $300,000 for USDA to convene a
blue-ribbon panel to acknowledge the important role that land-
grant universities, including 1890 Institutions, play in food security
in the U.S. and around the world. The result of the plan should be
to evaluate the overall structure of research and education through
the public and land-grant universities to define a new architecture
that can integrate, coordinate, and assess economic impact of the
collective work of these institutions. New focuses should be on sus-
tainable agriculture production, innovation for small and large
farming, integration of best practices for land management to sup-
port carbon capture, and markets to lead to better farmer outcomes
and incomes.
Farm of the Future.—The Committee directs the Under Secretary
to collaborate with NIFA, ARS, and the Office of the Chief Econo-
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mist to issue a competitive grant to an institution in the land-grant
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university system to establish a Farm of the Future testbed and
demonstration site. The Farm of the Future will integrate applied
research in precision agriculture, smart automation, resilient agri-
cultural practices, applied socioeconomics, and improved crop vari-
eties from advanced genomics and phenotyping. The site will de-
velop data-driven solutions to increase productivity, integrate tech-
nology, create value added agricultural products, and enhance
connectivity and resilience for thriving rural communities. The
Committee includes $4,000,000 for the Farm of the Future competi-
tive grant program.
Nutritional Value of Food.—As USDA develops a comprehensive
innovation strategy for U.S. agriculture, the Committee encourages
USDA to fund research efforts assessing the nutritional value of
agricultural crops in a changing climate. In addition, the Com-
mittee directs USDA to provide not later than 180 days after the
enactment of this Act a plan to coordinate ongoing and future re-
search efforts at ARS and NIFA related to the effects of rising at-
mospheric carbon dioxide levels on the nutritional value of food
through USDA’s Agriculture Innovation Agenda.
Pollinators and Colony Health Research.—The bill includes fund-
ing for a pollinator research coordinator as authorized by the 2018
Farm Bill.
Public Access to Research.—The Committee commends USDA on
issuing its Implementation Plan to Increase Public Access to Re-
sults of USDA-funded Scientific Research in November of 2014.
However, the Committee notes that there is still no implementa-
tion date. The Committee urges USDA to issue an implementation
date and continue its efforts to fully enact its plan and requires an
update be included in USDA’s fiscal year 2022 budget request.
Public-Private Partnership on Open Data Standards.—The Com-
mittee recognizes the need for neutral data repository solutions to
preserve and share the big data generated by technological ad-
vancements in the agriculture industry. The Committee includes
$1,000,000 for the Under Secretary of Research, Education, and Ec-
onomics to develop a public-private cooperative framework based
on open data standards for the preservation and curation of this
data in collaboration with land-grant universities. This data would
eventually support the development of advanced technologies and
practices to meet the increasingly complex agricultural challenges
of farmers and ranchers.
Screening Technologies.—The Committee encourages the develop-
ment of technologies that will provide rapid, portable, and facile
screening of food fish species at port sites and wholesale and retail
centers.
Soil Health and Greenhouse Gas.—The Committee directs USDA
to establish a Soil Health and Greenhouse Gas Subcommittee
under the National Agriculture Research, Education, Extension,
and Economics Advisory Board to provide recommendations on the
feasibility of establishing reliable outcomes-based measurement
systems, existing technology that provides reliable measurement
data, standards for data collection and dissemination, farmer data
management and privacy, and other issues the Under Secretary
deems necessary.
Supervisory Jurisdiction of ARS Sites in Colorado.—The Com-
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mittee encourages the Department to conduct a study to determine
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the effects of moving the ARS Akron, Colorado, site under the su-
pervisory jurisdiction of the ARS Fort Collins, Colorado, site. The
study should consider the impact to rural communities in North-
east Colorado and their ability to preserve their local research ca-
pabilities.
ECONOMIC RESEARCH SERVICE
2020 appropriation ............................................................................. $84,757,000
2021 budget estimate ......................................................................... 62,109,000
Provided in the bill ............................................................................. 86,703,000
Comparison:
2020 appropriation ...................................................................... +1,946,000
2021 budget estimate .................................................................. +24,594,000
COMMITTEE PROVISIONS
For the Economic Research Service (ERS), the Committee pro-
vides an appropriation of $86,703,000. The Committee rejects the
request to significantly reduce ERS’ research activities. The Com-
mittee includes a total increase of $946,000 for pay and retirement
contributions.
Benefits of Conservation and Soil Health Practices.—The Com-
mittee notes that the environmental benefits of participating in vol-
untary conservation practices such as those administered by the
Farm Service Agency and the Natural Resources Conservation
Service have been studied but the long-term economic dividends of
these practices are not well understood and may not be readily ap-
parent to those who are eligible and considering enrollment. The
Committee directs ERS to produce a study on the relationship be-
tween conservation and soil health practices, farm financial health,
and crop yield variability rates.
Cover Cropping and Livestock Integration.—The Committee di-
rects ERS to produce a study detailing the projected long-term eco-
nomic impacts for farmers on the potential economic and environ-
mental benefits of integrating livestock into cover cropping systems
as a way of increasing soil health.
Data for Puerto Rico.—The Committee directs ERS to take all
reasonable steps to publish data on farm cash receipts, farm in-
come, and agricultural exports for Puerto Rico based on the quin-
quennial estimates provided through the Census of Agriculture.
The Committee directs ERS to provide not later than 180 days
after the enactment of this Act a report on its efforts to accomplish
this goal.
Impact of Foreign Tariffs.—The Committee is concerned by the
impact foreign tariffs on agricultural commodities have had on our
nation’s agricultural producers. The Committee directs ERS to pro-
vide not later than 180 days after the enactment of this Act a re-
port detailing, by state and commodity, the average amount of rev-
enue lost by agricultural producers as a result of foreign tariffs on
agricultural commodities.
Recovering Value from Animal Waste.—The Committee notes
that last year’s House Report directed ERS to issue a report on re-
covering value from animal waste. The Committee looks forward to
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an update on these efforts.
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Soil Health Experts.—The Committee encourages ERS to hire
staff with expertise in soil health, an area of continued importance
to U.S. farmers and the food and agriculture industry.
NATIONAL AGRICULTURAL STATISTICS SERVICE
2020 appropriation ............................................................................. $180,294,000
2021 budget estimate ......................................................................... 177,465,000
Provided in the bill ............................................................................. 183,434,000
Comparison:
2020 appropriation ...................................................................... +3,140,000
2021 budget estimate .................................................................. +5,969,000
COMMITTEE PROVISIONS
For the National Agricultural Statistics Service (NASS), the
Committee provides an appropriation of $183,434,000, of which
$46,300,000 is for the Census of Agriculture. The Committee in-
cludes a total of $2,140,000 for pay and retirement contributions.
The Committee does not accept any proposed eliminations or re-
ductions of ongoing activities, including Acreage, Crop Production
and Grain Stocks; Barley acreage and production estimates; the
Bee and Honey Program; the Chemical Use Data Series; the Flori-
culture Crops Report; and Fruit and Vegetable Reports, including
in-season forecasts for non-citrus fruit and tree nut crops such as
pecans. The funding provided will allow NASS to resume or begin
completion of these reports at the frequency levels assumed in fis-
cal year 2020. NASS is directed to resume all of these reports im-
mediately upon enactment of this Act.
NASS Pilot Study.—The Committee includes no funding for the
NASS Pilot Study proposed in the budget request. While the Com-
mittee supports the goals of the study, the budget justification did
not provide sufficient information to support the funding. The Com-
mittee would like to better understand the tools already available
to NASS to analyze and match data with detailed imagery for im-
proved predictions of harvested acres and production. The Com-
mittee expects NASS to provide a briefing to the Committee on how
the goals of the NASS Pilot Study can be achieved through better
coordination with other USDA agencies.
Tenure, Ownership, and Transition of Agricultural Land
(TOTAL) Survey.—The Committee notes that the next TOTAL sur-
vey is part of planned NASS activities in the next Census of Agri-
culture. The Committee expects the next TOTAL survey to provide
comprehensive data on land ownership, tenure, landowners’ transi-
tion plans, and lease agreements available to beginning and so-
cially disadvantaged farmers to understand the trends that lead to
secure land tenure and thriving farm businesses. The Committee
encourages the program to look at emerging trends in land acquisi-
tion connected to innovations in farming on small acreage. The
Committee also encourages collaboration with ERS so that new
data provided on the economics of the farm of the future can be
better utilized.
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AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
2020 appropriation ............................................................................. $1,414,366,000
2021 budget estimate ......................................................................... 1,367,970,000
Provided in the bill ............................................................................. 1,453,712,000
Comparison:
2020 appropriation ...................................................................... +39,346,000
2021 budget estimate .................................................................. +85,742,000
COMMITTEE PROVISIONS
For Salaries and Expenses of the Agricultural Research Service
(ARS), the Committee provides an appropriation of $1,453,712,000,
including a total increase of $12,846,000 for pay and retirement
contributions.
The Committee does not accept the President’s budget request
regarding the reduction or termination of extramural and intra-
mural research and expects that extramural and intramural re-
search be funded at no less than the fiscal year 2020 levels, unless
otherwise specified.
The Committee accepts the redirection of $35,000,000 to support
new research initiatives in precision agriculture, long-term
agroecosystems research, artificial intelligence innovations for agri-
cultural production, and managing excess water and controlling
erosion, as proposed in the President’s budget request. The Com-
mittee notes that the redirections will not reduce overall research
funding at any ARS facility but will refocus ongoing research ac-
tivities to support these new initiatives while maintaining each
participating ARS facility’s current funding level.
1890s Partnerships.—The Committee recognizes the importance
of 1890s Land Grant Institutions and the collaborative relation-
ships that have developed with ARS research facilities over the
years. The Committee directs ARS to explore expanding partner-
ships with 1890s Land Grant Institutions on ongoing and new re-
search to ensure future beneficial collaborations.
Aerial Application.—The Committee recognizes the importance of
aerial application to control crop pests and diseases and to fertilize
and seed crops and forests. Aerial application is useful not only to
ensure overall food safety and food security, but also to promote
public health through improved mosquito control and public health
application techniques. The ARS Aerial Application Technology
Program conducts innovative research making aerial applications
more efficient, effective, and precise. This program has yielded
more effective public health control programs, as well as increased
efficiencies and greater crop production. Research for aerial appli-
cation serves the public interest as a vital tool for the future.
Agricultural Research Facilities.—The Committee directs ARS to
explore ways in which its labs could be better utilized, in coopera-
tion with non-profits, consortiums, and land grant universities, to
achieve new scientific goals that benefit the nation’s food and agri-
culture system. In addition, the Committee encourages ARS to
work with the entities listed above to develop a smart agriculture
industry technology roadmap. This research strategy can help
guide the future development of technology in the agriculture in-
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dustry and maintain U.S. leadership.
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Agriculture Software Tools.—The Committee notes the impor-
tance of the ARS-developed AgCROS tool and encourages ARS to
ensure consistency, access, and interoperability of strategic re-
search sets from sites across the nation and facilitate the develop-
ment of precision, data-driven tools and models.
Alfalfa Research.—The Committee supports an additional
$2,000,000 above the fiscal year 2020 level for research into alfalfa
seed and forage systems, which hold the potential to maximize crop
yields, increase milk production, and improve genetics.
Animal Research.—The Committee directs ARS to ensure that
each of its facilities housing animals is adhering to the Animal
Welfare Act at all times and to submit quarterly reports that in-
clude both all violations found by APHIS during that quarter and
the specific actions that will be taken to prevent their recurrence.
Areawide Integrated Pest Management.—The Committee sup-
ports ARS’ efforts on areawide integrated pest management and
encourages continued efforts to design and implement programs
across the country.
Avocado Lace Bug.—The Committee encourages ARS to coordi-
nate research efforts with NIFA and APHIS to address the impact
of the avocado lace bug and the Queensland longhorn beetle.
Barley Pest Initiative.—The Committee provides $1,000,000 to
strengthen the capacity of the barley research infrastructure to ad-
dress major insect, viral, bacterial, and fungal threats to the pro-
duction of high-quality barley.
Biomass to Fuels.—The Committee encourages ARS to research
new approaches for using biomass in ways that can optimize car-
bon removal in a manner consistent with advancing traditional
food and fiber mission objectives.
Bovine Pleuropneumonia.—The Committee is concerned about
the potential harm to the cattle industry from contagious bovine
pleuropneumonia and encourages ARS to partner with academia to
develop improved diagnostic tests and vaccines for this harmful
disease.
Cattle Fever Ticks.—The Committee directs ARS to coordinate
development of its long-term cattle fever tick research program
with APHIS efforts under the Cattle Fever Tick Eradication Pro-
gram. Additionally, the Committee encourages ARS to develop safe
and effective compounds to combat cattle fever ticks.
Cercospora Leaf Spot Disease.—The Committee is concerned
about the prevalence of the cercospora leaf spot, a destructive dis-
ease that impacts sugar beet production and results in significant
losses in root yield and sugar content. The Committee supports the
work being done by ARS and provides $500,000 for its continued
efforts to develop management solutions to combat cercospora leaf
spot disease.
Chronic Wasting Disease.—The Committee recognizes the impor-
tance of a live test for cervids potentially affected with chronic
wasting disease and provides an additional $500,000 above the fis-
cal year 2020 level for continued funding for research dedicated to
the development of such a test, research on pathways of trans-
mission, and methods to slow or stop contraction of the disease.
Citrus Greening Disease Research.—The Committee commends
ARS’ research efforts on citrus greening disease and encourages the
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agency to continue working to develop methods to reduce trans-
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mission and enhance immunity in citrus trees and to work with in-
dustry, universities, growers, and other partners to develop effec-
tive control mechanisms. The Committee also encourages ARS to
coordinate its efforts with the Huanglongbing Multi-Agency Coordi-
nation (HLB MAC) group.
Coffee Plant Health Initiative.—The Committee supports the re-
search goals of the Coffee Plant Health Initiative.
Cranberry Research.—The Committee encourages ARS to estab-
lish a National Center of Excellence in Cranberry Research to fur-
ther ongoing multi-university partnerships. In addition, the Com-
mittee provides an additional $500,000 above the fiscal year 2020
level to address research challenges regarding disease control,
growing productivity, and nutrient management.
Crops and Soils Research.—The Committee supports novel year-
round cropping systems developed by ARS and their importance to
promoting pollinator nutrition and wellbeing, soil health, and
water quality. The Committee provides an additional $500,000
above the fiscal year 2020 level to further these research activities.
Dietary Manipulation in Broiler Production.—The Committee en-
courages ARS to continue efforts to understand the dietary effects
of consuming products fed with antibiotic growth promoters, par-
ticularly poultry products.
East Coast Shellfish Research.—The Committee provides an ad-
ditional $500,000 above the fiscal year 2020 level to advance ge-
netic and physiological research for the development of families
that are regionally adapted to the wide variety of conditions
throughout the range of the entire East and Gulf Coasts, and to
collaborate with industry on technology transfer and improved
stocks.
Energy-Water Nexus.—The Committee recognizes the importance
of the Energy-Water Nexus, and as part of that effort, encourages
USDA to work with the Department of Energy to further research
collaborations to develop safe, affordable, deployable, energy- and
water-efficient technologies for food production platforms in order
to achieve more energy efficient agriculture platforms that could
better serve both rural and urban communities.
Fertilizer Innovation Research.—The Committee supports re-
search in fertilizer innovations for grain crops to reduce costs and
volume and minimize runoff. The Committee provides an addi-
tional $1,000,000 above the fiscal year 2020 level to support re-
search on new technologies that can produce equal or higher crop
yields, be cost effective, reduce nitrogen losses in the form of am-
monia and NOx, and reduce nutrient losses of nitrogen and phos-
phate, and new fertilizer production technologies with reduced
waste streams and energy costs. The Committee encourages ARS
to partner with public and land grant universities in pursuit of
these technologies.
Floriculture and Nursery Research Initiative.—The Committee
recognizes the economic importance of the floriculture and nursery
sector of agriculture and the industry’s need for continued innova-
tion. The Committee encourages ARS to support the goals of the
Floriculture and Nursery Research Initiative to secure a more effi-
cient and productive floriculture and nursery industry.
Fruit Fly and Exotic Pest Control.—The Committee provides an
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additional $500,000 above the fiscal year 2020 level for additional
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support and capacity to prevent the spread of fruit flies and other
exotic pests.
Genetic Oat Research.—The Committee recognizes the potential
genetic oat research has to improve disease resistance (especially
rusts and viruses), genetics, increase yields, and develop crop rota-
tion systems that include oats, which will enhance the value of oats
and provide benefits to producers and consumers. The Committee
supports and encourages ARS to continue its research on oat
germplasm, genomics, phenomics, disease resistance, and enhanced
yields.
Germplasm Enhancement of Maize.—The Committee continues to
support germplasm enhancement of maize projects and encourages
continued cooperation between existing ARS maize germplasm pro-
grams, industry, and large-scale public sector efforts to investigate
the interaction of maize genome variation and environments.
Greenhouse Technology Research.—The Committee recognizes the
importance of advancing greenhouse technology with research on
pest management and plant nutrients as well as the importance of
reducing energy costs for greenhouse and controlled environment
agriculture. The Committee directs ARS to continue work on pest
management and plant nutrients and also develop controlled envi-
ronment demonstration projects aligned with existing ARS tech-
nical units focused on greenhouse agriculture to provide data on
savings and productivity.
Healthy Soil-Healthy Food-Healthy People.—The Committee sup-
ports efforts within ARS to encourage the study of enhanced food
nutritional quality through the Healthy Soil-Healthy Food-Healthy
People initiative.
Hemp Whole-Genome Bioinformatics.—The Committee encour-
ages ARS to conduct genomics and bioinformatics research in col-
laboration with capable institutions to elucidate the genetic control
of key production and product quality traits of the hemp plant. In
addition, the Committee also encourages ARS to partner with insti-
tutions already engaged in such research to conduct hemp genetic
improvement research and breeding with new breeding and editing
techniques.
Hops Research.—The Committee recognizes that the U.S. hops
industry has experienced unprecedented expansion due to the
brewing industry’s economic growth over the past decade. To sus-
tain this growth, new varieties of hops are needed to prevent dis-
ease and expand production throughout the country. The Com-
mittee directs ARS to continue to focus on these efforts to advance
new disease-resistant public hop varieties.
Horticultural Trade.—The Committee provides $1,000,000 to con-
duct research on postharvest methyl bromide alternatives as well
as postharvest losses caused by diseases and physiological dis-
orders to ensure that high-quality, pest-free goods can access mar-
kets effectively and lead to an expansion of trade of U.S. grown
horticultural crops.
Human Nutrition Research.—The Committee notes that mainte-
nance of health throughout the lifespan along with prevention of
obesity and chronic diseases via food-based recommendations are
the major emphases of human nutrition research. The Committee
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encourages ARS to address gaps in current research at the critical
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22
intersections among agriculture, economic sustainability, and
human nutrition and health.
Industrial Hemp Germplasm.—The Committee recognizes the in-
creasing demand for industrial hemp for a variety of uses and its
growing importance as a crop for U.S. farmers. The Committee pro-
vides an additional $1,500,000 above the fiscal year 2020 level to
maintain the hemp germplasm repository.
Livestock Protection.—The Committee recognizes the challenges
caused by infectious disease problems arising from wildlife-domes-
tic animal agriculture interactions, particularly between domestic
sheep and wild bighorn sheep. Researchers have recently produced
an experimental vaccine to protect bighorn populations from dis-
ease, but much work is still required. The Committee encourages
ARS to pursue work to determine the role of domestic sheep in
causing die-offs of bighorn sheep from respiratory disease and de-
velop methods to reduce transmission and enhance immunity in do-
mestic and bighorn sheep.
Long-Term Agro-ecosystem Research.—The Committee notes that
total funding for the Long-Term Agroecosystem Research (LTAR)
network allows ARS to provide an equal amount to all the LTAR
sites.
Lower Mississippi River Basin.—The Committee recognizes the
groundwater problems in the Lower Mississippi River Basin and
encourages ARS, in collaboration with university research, exten-
sion scientists and local stakeholders, to identify gaps in water
management research and focus efforts on the development of con-
servation and irrigation techniques to reduce water usage in agri-
culture production while maintaining crop quality and yield.
National Agricultural Library.—The Committee encourages ARS
to maintain a focus on agriculture-related legal issues within the
National Agricultural Library. The Committee notes that as the ag-
riculture sector faces increasing financial stress, there is a neces-
sity that agriculture-related legal issues be addressed on an in-
creasingly frequent basis. Further, agriculture-related legal issues
are increasingly complex, and the impact of these legal issues con-
tinues to broaden in scope. The Committee recommends that the
National Agricultural Library play an important role in assisting
all stakeholders with understanding these issues.
National Arboretum Public Access.—The Committee is aware of
ongoing efforts to develop a new strategic plan for the National Ar-
boretum to carry out its missions of research, education, and public
display gardens. The Committee expects that such plan will ad-
dress necessary security and safety enhancements and new signage
to enhance public access of the National Arboretum. In addition,
the Committee directs ARS to explore entering into agreements
with the District of Columbia and private sector partners to fulfill
these public access improvements.
National Bio and Agro-Defense Facility (NBAF).—The Committee
provides funding for Operations and Maintenance consistent with
the fiscal year 2020 level. The fiscal year 2020 Appropriations Act
included language directing the Department to develop a ten-year
strategic plan for NBAF. The Committee looks forward to under-
standing the expected cost drivers for future operations and main-
tenance activities at NBAF. However, the Committee does include
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the requested $8,000,000 in research at NBAF. This funding can
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23
immediately be used to strengthen ongoing research capabilities fo-
cused on foreign, emerging, and zoonotic animal diseases that pose
a threat to U.S. animal agriculture and public health.
National Soil Dynamics Laboratory.—The Committee directs the
National Soil Dynamics Laboratory to coordinate with academic
and industry partners to conduct research to develop sustainable
forage-based beef production systems aimed at increasing the vol-
ume of beef forage products. The research should be designed to
achieve continued economic and environmental sustainability in
forage-based beef production systems.
Optimizing Facility Operations.—The Committee notes the sig-
nificant capital investments for new and replacement research fa-
cilities ARS has received over the past few years. As construction
nears completion for several of these facilities, the Committee di-
rects ARS to coordinate ongoing research operations to ensure that
when new facilities come online, ARS is positioned to fully utilize
the new space for research activities. In addition, the Committee
directs ARS to provide not later than 30 days after the enactment
of this Act a briefing outlining how ARS will optimize operations
at new facilities and take full advantage of the research capabili-
ties that these investments will enable.
Peanut Research.—The Committee provides an additional
$1,500,000 above the fiscal year 2020 level to support research ac-
tivities to mitigate aflatoxin contamination in peanuts. The Com-
mittee directs ARS to enhance ongoing collaborations with land
grant institutions to further advance research efforts.
Pecan Genetic Research.—The Committee provides an additional
$1,500,000 above the fiscal year 2020 level to maintain and further
pecan genetic diversity and cultivar breeding and to advance novel
genomic approaches that tap into the unique pecan genetic re-
sources held by ARS.
Pecan Processing Research.—The Committee recognizes the need
for new pecan processing technologies, in particular pasteurization
and cracking/shelling technologies, and the importance of pasteur-
ization processes for food safety and in continuing export growth.
The Committee provides an additional $1,500,000 above the fiscal
year 2020 level to support pecan processing research activities to
address these issues.
Rangeland Research.—The Committee provides an additional
$500,000 above the fiscal year 2020 level for rangeland research.
Regional Climate Hubs.—The Committee supports the role of
USDA’s Climate Hubs and how they supplement ongoing work at
ARS. The Committee provides an additional $1,000,000 above the
fiscal year 2020 level to enable better links in USDA research pro-
grams and the delivery of timely and authoritative tools and infor-
mation to agricultural producers and professionals.
Roseau Cane.—The Committee continues to direct ARS to work
with the Animal and Plant Health Inspection Service (APHIS) and
stakeholders to develop an integrated management program for
control of the scale insect pest infestation that is destroying Roseau
cane in the Mississippi River’s Delta region along the Gulf of Mex-
ico.
Rural Food Safety Modernization.—The Committee encourages
ARS to work with institutes of higher education in rural commu-
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nities to address and facilitate the rapid and cost-effective mod-
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24
ernization of food safety and related pathogen or contamination de-
tection practices with the goal of reducing and raising awareness
of food-borne diseases in rural communities and local and regional
rural food systems.
Sclerotinia Initiative.—The Committee is aware of the impor-
tance of controlling Sclerotinia in sunflowers, soybeans, canola, edi-
ble beans, peanuts, peas, lentils, and chickpeas and encourages
ARS to continue its support of this initiative.
Small Fruits Research.—The Committee provides an additional
$500,000 above the fiscal year 2020 level to improve the ability to
forecast pest and disease spread, implement precision management
strategies, mitigate invasive insects, and to improve the overall
quality of fruit.
Small Grain Genomics.—The Committee supports research on
small grain genomics to address national genomic and breeding
needs for U.S. crops to keep small grains and feed as viable crops
and continue their substantial contributions to the agricultural
economy.
Soft Wheat Falling Numbers Test Research.—The Committee rec-
ognizes the emerging crisis surrounding wheat starch degradation,
as detected by the Hagberg-Perten Falling Numbers Test, and en-
courages ARS to continue researching the accuracy of the test and
the environmental, storage, and genetic conditions leading to this
quality loss.
Sorghum.—The Committee recognizes the growing significance of
sorghum due to water conservation traits and increased utilization
and supports further research to initiate gene flow and pest resist-
ance.
Specialty Crop Production.—The Committee supports increasing
research activities focused on specialty crop production.
Spittle Bug.—The Committee encourages ARS to coordinate re-
search efforts with NIFA and APHIS to address the impact of the
spittle bug.
Sugarcane Research Program.—The Committee provides an addi-
tional $500,000 above the fiscal year 2020 level to the Sugarcane
Research Program to support breeding and pathology research for
the development of high-yielding, biotic and abiotic stress resistant
cultivars resistant to emerging pests and diseases that threaten the
sugarcane industry.
Tropical and Subtropical Research.—The Committee directs ARS
to coordinate with NIFA, the Forest Service, APHIS, and the
USDA Climate Hubs to provide to the Committees on Appropria-
tions of both Houses of Congress not later than 180 days after the
enactment of this Act a report on research relevant to and efforts
to assist Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, and the Northern Mariana Islands in the fol-
lowing research areas: (1) land and forest resource management;
(2) enhancing the viability and sustainability of local food produc-
tion systems; (3) biology and control of invasive insects, plant dis-
eases, weedy plant species, and the development of integrated pest
management strategies to control them; (4) molecular biology and
bioengineering advancements on agricultural production and
human and ecosystem health in tropical and subtropical areas; and
5) the application of precision agriculture technologies, data, and
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tools to increase cost efficiencies.
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Urban Agriculture.—The Committee recognizes the value of the
U.S. Botanic Garden (USBG) in supporting the evolution of urban
agriculture. The Committee directs ARS to collaborate with the
USBG to support its efforts to host and serve as an educational
and training location for local and national audiences on topics
such as: productive and sustainable urban agriculture, food han-
dling and preparation, and nutrition.
U.S. Sheep Experiment Station (USSES).—The Committee recog-
nizes the unique and valuable contributions the USSES makes to-
ward increasing the production efficiency of sheep and improving
sustainable rangeland ecosystems. The Committee is pleased by
the collaboration of a diverse variety of stakeholders on the use of
pastures, monitoring of wildlife interactions, and studies of mutual
interest. The Committee encourages ARS to engage directly with
stakeholders and state and federal agencies with biological exper-
tise to expand research programs and urges ARS to continue en-
gaging collaborators to ensure the station functions as an agricul-
tural research facility while also evaluating opportunities through
a domestic livestock/wildlife collaboration.
U.S. Wheat and Barley Scab (USWBS).—The Committee con-
tinues to recognize the importance of the research carried out
through the USWBS Initiative. Fusarium head blight is a major
threat to agriculture, inflicting substantial yield and quality losses
throughout the U.S.
Whitefly.—The Committee recognizes that whiteflies are an
emerging pest as a result of developing resistance to many pes-
ticides making chemical control difficult and climate variability re-
sulting in warmer winters and lower seasonal die off. The Com-
mittee remains concerned with the whitefly, Bemisia tabaci, epi-
demic which is severely impacting vegetable and cotton production
in the Southeast United States. The Committee provides an addi-
tional $1,000,000 above the fiscal year 2020 level in support of
these research efforts.
Wildfire Smoke Taint Research on Winegrapes.—The Committee
supports research to identify the compounds responsible for smoke
taint, establish science-based threshold levels of smoke compounds
that cause smoke taint, develop mitigation methods to reduce or
eliminate smoke taint, and study compounds that can act as a bar-
rier between the grapes and smoke compounds. In addition, the
Committee supports research to establish standard methodologies
for sampling and testing of smoke exposed grapes and smoke af-
fected wines. The Committee provides an additional $1,000,000
above the fiscal year 2020 level in support of these research efforts.
BUILDINGS AND FACILITIES
2020 appropriation ............................................................................. $192,700,000
2021 budget estimate ......................................................................... 50,000,000
Provided in the bill ............................................................................. 11,200,000
Comparison:
2020 appropriation ...................................................................... ¥181,500,000
2021 budget estimate .................................................................. ¥38,800,000
COMMITTEE PROVISIONS
The Committee provides $11,200,000 for Buildings and Facilities.
The Committee recognizes the national importance of the research
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performed by ARS facilities that are not owned by ARS. Ongoing
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26
efforts to upgrade ARS facilities to be on par with the critical re-
search done by the agency has not addressed ARS research done
by ARS employees at non-ARS facilities. Accordingly, the Com-
mittee directs ARS to provide to the Committees on Appropriations
of both Houses of Congress not later than 180 days after the enact-
ment of this Act a long-term, multi-year plan to guide capital asset
and construction decisions for new agricultural research facilities
focused on regionally and nationally important research topics, in-
cluding plant breeding and genetics research and plant germplasm
preservation.
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
RESEARCH AND EDUCATION ACTIVITIES
2020 appropriation ............................................................................. $962,864,000
2021 budget estimate ......................................................................... 1,067,986,000
Provided in the bill ............................................................................. 997,729,000
Comparison:
2020 appropriation ...................................................................... +34,865,000
2021 budget estimate .................................................................. ¥70,257,000
COMMITTEE PROVISIONS
For Research and Education Activities, the Committee provides
an appropriation of $997,729,000.
Agricultural Research Enhancement Awards.—The Committee
continues to direct that not less than 15 percent of the competitive
research grant funds be used for USDA’s agriculture research en-
hancement awards program, including USDA–EPSCoR, in accord-
ance with 7 U.S.C. 450i.
Agriculture and Food Research Initiative (AFRI).—The Com-
mittee strongly supports the AFRI program. The Committee notes
that projects that characterize protein functionality from crops to
assess their sustainability for use as alternatives to conventional
animal products are eligible for competitive awards in the AFRI
program. In addition, the Committee supports the sustainable agri-
cultural systems and foundational and applied science programs in
AFRI and notes that projects that focus on research in food science
and technology in pursuit of food innovation are also eligible for
competitive awards. The Committee supports the continued re-
search goals of the AFRI program.
Agroecology and Sustainable Food Systems.—The Committee rec-
ognizes the potential that the fields of agroecology and food sys-
tems have to increase food security, food self-sufficiency, sustain-
able economic development, public health, and weather resiliency.
The Committee supports research focused on agroecology and sus-
tainable food systems and encourages NIFA to explore strategic
partnerships, interdisciplinary educational programming, applied
research, policy analysis, outreach, and scholarships in these fields
as part of its ongoing research efforts.
Alfalfa Seed and Alfalfa Forage Systems.—The Committee notes
that research into alfalfa seed and alfalfa forage systems holds the
potential to increase yields, increase milk production, and improve
genetics. The Committee supports this research and its continued
focus on enhancing existing breeding programs that can improve
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yields, harvesting, water conservation, and create new uses.
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Blockchain Food Traceability.—The Committee notes the poten-
tial of blockchain technology to revolutionize the practice of food
traceability, tracking food products from origin through every point
of contact on the journey to the consumer. The Committee is inter-
ested in how blockchain technology can be utilized to accurately
trace food and mitigate the risks associated with food contaminated
outbreaks and to develop effective strategies for controls. The Com-
mittee encourages NIFA to coordinate research to reduce the risk
of foodborne illness through the application of blockchain tech-
nology.
Childhood Obesity.—The Committee recognizes that NIFA has
supported important and effective programs that address childhood
obesity in remote areas and among native and underserved popu-
lations. The Committee encourages NIFA to continue funding these
programs to address childhood obesity prevention and community
health promotion in remote areas and among native and under-
served populations.
Citrus Disease Research Program.—The 2014 Farm Bill estab-
lished the Emergency Citrus Disease Research and Extension Pro-
gram, which is intended to discover and develop tools for early de-
tection, control, and eradication of diseases and pests that threaten
domestic citrus production and processing. The 2018 Farm Bill re-
authorized this program and established the Emergency Citrus
Disease Research and Development Trust Fund to provide
$25,000,000 per year in mandatory funding for the program. The
Committee believes research projects funded under this authority
should be prioritized based on the critical threat of citrus greening
and encourages NIFA, to the maximum extent practicable, to follow
the recommendations of the National Agricultural Research, Exten-
sion, and Education Advisory Board’s citrus disease subcommittee
and to collaborate with the HLB MAC group.
Continuous Living Cover Practices.—The Committee recognizes
the need to adapt to challenging economic and weather conditions
by expanding the use of practices that make farms more economi-
cally and environmentally resilient. The Committee encourages
NIFA to support research that leverages multi-institution efforts to
develop continuous living cover techniques.
Crop Degradation.—The Committee is aware of crop degradation
issues harming agricultural producers. For example, starch deg-
radation in Pacific Northwest soft white wheat crops led to signifi-
cant value losses for producers in late 2016. The Committee en-
courages NIFA to conduct research through AFRI into soft white
wheat crop quality loss to mitigate its impact on producers.
Genome to Phenome.—The Committee recognizes the value of
leading public and land-grant universities with unique high-
throughput phenotyping and greenhouse facilities and expertise for
plant science innovation, root and rhizome innovation, and food for
health. The Committee directs NIFA to use a competitive process
to issue awards in the Genome to Phenome program and urges ad-
ditional focus on root stocks that increase carbon capture and can
support grain crop covers.
Grants for Insular Areas.—The Committee recognizes NIFA ef-
forts to strengthen capacity at land-grant institutions in the U.S.
territories in the areas of instruction, distance education, facilities
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and equipment, and research. The Committee emphasizes the im-
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portance of continuing the support for these institutions and pro-
vides an increase to help address plant disease and invasive species
priorities in the territories.
Interagency Research Programs.—The Committee recognizes the
important contributions of the Dual Purpose with Dual Benefit pro-
gram jointly managed by NIFA and the National Institutes of
Health (NIH). The Committee urges continued partnership be-
tween NIFA, NIH and other relevant federal research agencies to
develop the next generation interagency program using agricultur-
ally important large animal species. The Committee supports con-
tinuation of cooperative programs to further strengthen ties be-
tween human medicine, veterinary medicine, and animal sciences.
Livestock and Poultry Waste Research.—The Committee recog-
nizes the benefits of improved methods of managing animal waste
in livestock and poultry production and encourages NIFA to sup-
port research and development of innovative technologies, particu-
larly those that are operationally and economically feasible and
have a high probability of widespread implementation. The Com-
mittee notes that direction was included in the fiscal year 2019
House report requiring a report from NIFA on next steps to de-
velop a comprehensive approach to all value chains of manure
management to include energy production, energy credits, nutrient
credits, and mineral supplements, taking into consideration the full
range of livestock production to include cattle, poultry, and swine.
The Committee has yet to receive this report and expects NIFA to
immediately rectify this unacceptable delay.
Multifaceted Tools for Controlling Harmful Algal Blooms (HABs)
and Huanglongbing.—The Committee encourages NIFA to continue
research into the use of potent antimicrobials through the use of
environmentally-friendly integrated nano-delivery systems for the
purpose of controlling both HABs and Huanglongbing. In addition,
the Committee encourages NIFA to fund research grants that help
promote scientific progress towards preventing and controlling
HABs, including research to determine the effectiveness of existing
nutrient treatment technologies, evaluate the scale-up of emerging
nutrient treatment technologies and develop new technologies, and
develop best management practices to help both rural and urban
communities control nutrients in their watersheds.
Organic Research and Extension Initiative.—The Committee
notes that farming without the use of pesticides through various
agricultural practices or genetic modifications may offer yields
equal to or greater than farming with pesticides. The Committee
directs NIFA to submit within 180 days of the enactment of this
Act a report on ongoing research activities, funding opportunities,
and implementation grants for scientists and farmers seeking to
understand and implement pesticide-free agricultural practices.
Sensor Technologies.—The Committee encourages NIFA to work
cooperatively with non-profit institutions, consortia, and land-grant
universities to conduct research on advanced sensor manufacturing
techniques to improve the agricultural industry.
Soil Health Experts.—The Committee encourages NIFA to hire
staff with expertise in soil health to better support expanded efforts
in the soil health and sustainability area and to support more edu-
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cation and outreach efforts.
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Soil Health Research.—The Committee recognizes that agri-
culture and land management have important roles to play in the
development of sustainable practices to address increasing con-
centrations of atmospheric carbon dioxide. The Committee urges
NIFA to increase its support for research and education regarding
healthy soils that yield increased productivity and increase carbon
sequestration capacity.
Specialty Crop Research Initiative.—The Committee recognizes
the importance of the Specialty Crop Research Initiative (SCRI) in
addressing the needs of the specialty crop industry through re-
search and extension activities. The Committee encourages NIFA
to address successive planting production and extension as part of
ongoing SCRI activities.
U.S.-Haiti Cooperation.—The Committee recognizes the impor-
tance of the U.S.-Haiti relationship and encourages NIFA to ex-
plore further partnerships to build capacity in international agri-
cultural research, extension, and teaching, including improving ag-
ricultural research by encouraging research that addresses prob-
lems affecting food production and security, human nutrition, agri-
culture, forestry, livestock, and fisheries, including local challenges;
and supporting and strengthening national agricultural research
systems in developing countries. The Committee notes the impor-
tance of strengthening the U.S. relationship with Haiti and other
developing nations in our hemisphere to further international mar-
ket development opportunities.
Weed Science Research.—The Committee supports the establish-
ment of a National Program Leader dedicated to Weed Science Re-
search and Management in the U.S. Department of Agriculture Na-
tional Institute of Food and Agriculture.
The following table reflects the amounts provided by the Com-
mittee:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE—RESEARCH AND EDUCATION ACTIVITIES
[Dollars in Thousands]
2020 2021 Committee
Program/Activity Authorization enacted estimate provision
Hatch Act ............................................................. 7 U.S.C. 361a–i ................... $259,000 $243,238 $259,000
McIntire-Stennis Cooperative Forestry Act .......... 16 U.S.C. 582a through a–7 36,000 28,867 38,000
Research at 1890 Institutions (Evans-Allen Pro- 7 U.S.C. 3222 ...................... 67,000 53,817 73,000
gram).
Payments to the 1994 Institutions ..................... 7 U.S.C. 301 note ................ 4,000 3,439 4,500
Education Grants for 1890 Institutions .............. 7 U.S.C. 3152(b) .................. 23,009 19,336 26,000
Scholarships at 1890 Institutions ...................... 7 U.S.C. 3222a .................... 5,000 10,000 10,000
Education Grants for Hispanic-Serving Institu- 7 U.S.C. 3241 ...................... 11,200 9,219 13,000
tions.
Education Grants for Alaska Native and Native 7 U.S.C. 3156 ...................... 3,194 ––– 3,194
Hawaiian-Serving Institutions.
Research Grants for 1994 Institutions ............... 7 U.S.C. 301 note ................ 3,801 3,800 4,000
Capacity Building for Non-Land-Grant Colleges 7 U.S.C. 3319i ..................... 5,000 ––– 5,000
of Agriculture.
Grants for Insular Areas ..................................... 7 U.S.C. 3222b–2, 3362 and 2,000 ––– 2,000
3363.
Competitive Program for Native Alaskans, Na- .............................................. ––– 5,000 –––
tive Hawaiians, and Insular Area Institutions.
Agriculture and Food Research Initiative ........... 7 U.S.C. 3157 ...................... 425,000 600,000 435,000
Veterinary Medicine Loan Repayment ................. 7 U.S.C. 3151a .................... 8,000 8,000 9,000
Veterinary Services Grant Program ..................... 7 U.S.C. 3151b .................... 3,000 ––– 3,000
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Continuing Animal Health and Disease Re- 7 U.S.C. 3151a .................... 4,000 ––– 4,500
search Program.
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NATIONAL INSTITUTE OF FOOD AND AGRICULTURE—RESEARCH AND EDUCATION ACTIVITIES—
Continued
[Dollars in Thousands]
2020 2021 Committee
Program/Activity Authorization enacted estimate provision
Supplemental and Alternative Crops .................. 7 U.S.C. 3319d .................... 1,000 ––– 1,000
Multicultural Scholars, Graduate Fellowship and 7 U.S.C. 3152(b) .................. 9,000 ––– 9,000
Institution Challenge Grants.
Secondary and 2-year Post-Secondary Education 7 U.S.C. 3152(j) ................... 900 ––– 900
Aquaculture Centers ............................................ 7 U.S.C. 3322 ...................... 5,000 ––– 5,000
Sustainable Agriculture Research and Education 7 U.S.C. 5811, 5812, 5831, 37,000 37,000 39,000
and 5832.
Farm Business Management ............................... 7 U.S.C. 5925f ..................... 2,000 2,000 2,000
Sun Grant Program ............................................. 7 U.S.C. 8114 ...................... 3,000 ––– 3,000
Research Equipment Grants ............................... 7 U.S.C. 3310a .................... 5,000 ––– 5,000
Alfalfa and Forage Research Program ............... 7 U.S.C. 5925 ...................... 3,000 ––– 3,000
Minor Crop Pest Management (IR–4) ................. 7 U.S.C. 450i(e) ................... 11,913 17,000 15,000
Special Research Grants: .................................... 7 U.S.C. 450i(c) ................... .................... .................... ....................
Global Change/UV Monitoring .................... .............................................. 1,405 ––– 1,405
Potato Research ......................................... .............................................. 2,750 ––– 2,750
Aquaculture Research ................................ .............................................. 2,000 ––– 2,000
Total, Special Research Grants ........ .............................................. 6,155 ––– 6,155
Necessary Expenses of Research and Education
Activities:
Grants Management Systems .................... .............................................. 7,830 7,924 7,924
Federal Administration—Other Necessary .............................................. 11,862 19,346 11,556
Expenses.
Total, Necessary Expenses ................ .............................................. 19,692 27,270 19,480
Total, Research and Education .............................................. $962,864 $1,067,986 $997,729
Activities.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
2020 appropriation ............................................................................. ($11,880,000)
2021 budget estimate ......................................................................... (11,857,000)
Provided in the bill ............................................................................. (11,857,000)
Comparison:
2020 appropriation ...................................................................... ¥23,000
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For the Native American Institutions Endowment Fund, the
Committee provides $11,857,000.
EXTENSION ACTIVITIES
2020 appropriation ............................................................................. $526,557,000
2021 budget estimate ......................................................................... 484,832,000
Provided in the bill ............................................................................. 538,557,000
Comparison:
2020 appropriation ...................................................................... +12,000,000
2021 budget estimate .................................................................. +53,725,000
COMMITTEE PROVISIONS
For Extension Activities, the Committee provides an appropria-
tion of $538,557,000.
21st Century Extension.—The Committee recognizes that changes
to traditional extension programs are necessary to meet the needs
of today’s farmers, natural resource challenges, and food systems.
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The Committee directs NIFA to develop a framework to incentivize
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31
the next generation of digitally sophisticated agricultural extension
programs in consultation with land-grant universities, producers,
technology and agricultural industry stakeholders, and policy-
makers.
Beginning Farmer and Rancher Development (BFRD) Program.—
The Committee encourages NIFA to create partnerships and link-
ages between BFRD and its extension programs to assist urban ag-
ricultural production in food insecure and nutrient short commu-
nities across the country.
Farm and Ranch Stress Assistance Network.—The Committee di-
rects NIFA and the Department’s Rural Health Liaison to coordi-
nate with the Department of Health and Human Services to gather
and utilize existing data sets prepared by the Centers for Disease
Control and Prevention on farmer and rancher mental and behav-
ioral health. Further, the Committee directs NIFA and the Rural
Health Liaison to work together to provide a report on farmers’ and
ranchers’ mental health status, access to behavioral health care, as
well as geographic and demographic factors that are associated
with higher rates of substance use, suicide, and job dissatisfaction.
The report should also discuss barriers to the Department in col-
lecting or accessing this information. The Committee directs the
Department to provide the report not later than 180 days after en-
actment.
Farming Opportunities Training and Outreach (FOTO) Pro-
gram.—The Committee urges NIFA, in coordination with NRCS, to
include training on conservation practices, including farming prin-
ciples and practices that increase biodiversity, enrich soils, improve
watersheds, and enhance ecosystem services for FOTO and BFRD
program materials.
New Technologies for Agricultural Extension.—The Committee
includes an additional $2,000,000 to better serve the Cooperative
Extension System by adopting new tools, technology, training, and
services that will increase entrepreneurial opportunities and e-com-
merce in rural communities where sufficient high-speed broadband
exists. This effort will allow Extension educators to make connec-
tions with entrepreneurs in rural communities and identify rural
service opportunities, especially in the areas of health care, edu-
cation, manufacturing, and farming. Examples of the types of ac-
tivities supported include community demonstration days, develop-
ment of a digital literacy curriculum, student and volunteer service
opportunities, and development of online resources.
Rural Health and Safety Education Programs.—The opioid abuse
epidemic is one of the greatest threats facing rural America today,
and the Committee supports all efforts to address this problem
through improved health and safety education and outreach. With-
in available funds, $1,000,000 shall be for competitive external
grants for eligible institutions to support collaborations with aca-
demic medical schools to utilize the extension programs to address
children’s wellness, infant mortality, cancer prevention and opioid
addiction in rural areas.
The following table reflects the amounts provided by the Com-
mittee:
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NATIONAL INSTITUTE OF FOOD AND AGRICULTURE—EXTENSION ACTIVITIES
[Dollars in Thousands]
FY 2020 FY 2021 Committee
Program/Activity Authorization enacted estimate provision
Smith-Lever Act, Section 3(b) and (c) 7 U.S.C. 343(b) and (c) $315,000 $299,430 $315,000
programs and Cooperative Extension. and 208(c) of P.L.
93–471.
Extension Services at 1890 Institutions .. 7 U.S.C. 3221 ............... 57,000 48,620 62,000
Extension Services at 1994 Institutions .. 7 U.S.C. 343(b)(3) ........ 8,000 6,446 8,500
Facility Improvements at 1890 Institu- 7 U.S.C. 3222b ............. 20,500 19,730 23,000
tions.
Renewable Resources Extension Act ........ 16 U.S.C. 1671 et. seq. 4,060 4,060 4,060
Rural Health and Safety Education Pro- 7 U.S.C. 2662(i) ............ 4,000 3,000 4,000
grams.
Food Animal Residue Avoidance Data- 7 U.S.C. 7642 ............... 2,500 ––– 2,500
base Program.
Women and Minorities in STEM Fields .... 7 U.S.C. 5925 ............... 400 400 400
Food Safety Outreach Program ................ 7 U.S.C. 7625 ............... 8,000 8,000 10,000
Food and Ag Service Learning ................. 7 U.S.C. 7633 ............... 1,000 ––– 1,000
Farm and Ranch Stress Assistance Net- 7 U.S.C. 5936 ............... 10,000 8,000 10,000
work.
Smith-Lever Act, Section 3(d): ................. 7 U.S.C. 343(d) ............. .......................... .......................... ..........................
Food and Nutrition Education ......... ....................................... 70,000 69,000 70,000
Farm Safety and Youth Farm Safety ....................................... 4,610 4,610 4,610
Education Programs.
New Technologies for Agricultural ....................................... 1,550 1,550 3,550
Extension.
Children, Youth, and Families at ....................................... 8,395 8,395 8,395
Risk.
Federally Recognized Tribes Exten- ....................................... 3,200 3,039 3,200
sion Program.
Total, Section 3(d) ................. ....................................... 87,755 86,594 89,755
Necessary Expenses of Extension Activi-
ties:
Agriculture in the K–12 Classroom 7 U.S.C. 3152(j) ............ 552 552 552
Federal Administration—Other Nec- ....................................... 7,790 ––– 7,790
essary Expenses for Extension
Activities.
Total, Necessary Expenses ..... ....................................... 8,342 552 8,342
Total, Extension Activi- ....................................... $526,557 $484,832 $538,557
ties.
INTEGRATED ACTIVITIES
2020 appropriation ............................................................................. $38,000,000
2021 budget estimate ......................................................................... 38,000,000
Provided in the bill ............................................................................. 39,000,000
Comparison:
2020 appropriation ...................................................................... +1,000,000
2021 budget estimate .................................................................. +1,000,000
COMMITTEE PROVISIONS
For Integrated Activities, the Committee provides an appropria-
tion of $39,000,000.
Crop Protection and Pest Management Program.—The Committee
supports the development and implementation of areawide inte-
grated pest management (AIPM) projects. The Committee directs
NIFA to establish within the Crop Protection and Pest Manage-
ment Program an organizational framework and funding plan to
implement AIPM projects that are to be planned in coordination
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cross-institutional teams, including farmers, ranchers, and land
managers, at the local level.
Food and Agriculture Defense Initiative.—The Committee recog-
nizes the importance of plant health and early detection and
diagnostics of new and emerging plant diseases and pathogens and
the importance of the National Plant Diagnostic Network in achiev-
ing these goals.
Organic Transition Program.—The Committee recognizes that
the shortage of organic knowledge transfer presents a major barrier
for farmers seeking to transition to organic. Additional funding
above last year’s level shall be used to amplify cooperative exten-
sion activities to transfer technical results from proposed projects
and assist conventional farmers in transitioning to organic.
The following table reflects the amounts provided by the Com-
mittee.
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE—INTEGRATED ACTIVITIES
[Dollars in Thousands]
FY 2020 FY 2021 Committee
Program/Activity Authorization enacted estimate provision
Methyl Bromide Transition Program ........ 7 U.S.C. 7626 ............... $2,000 $2,000 $2,000
Organic Transition Program ..................... 7 U.S.C. 7626 ............... 6,000 6,000 7,000
Regional Rural Development Centers ...... 7 U.S.C. 450i(c) ............ 2,000 2,000 2,000
Food and Agriculture Defense Initiative .. 7 U.S.C. 3351 ............... 8,000 8,000 8,000
Crop Protection/Pest Management Pro- 7 U.S.C. 7626 ............... 20,000 20,000 20,000
gram.
Total, Integrated Activities .............. ....................................... $38,000 $38,000 $39,000
OFFICE OF THE UNDER SECRETARY FOR MARKETING AND
REGULATORY PROGRAMS
2020 appropriation ............................................................................. $800,000
2021 budget estimate ......................................................................... 914,000
Provided in the bill ............................................................................. 809,000
Comparison:
2020 appropriation ...................................................................... +9,000
2021 budget estimate .................................................................. ¥105,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Marketing and Regu-
latory Programs, the Committee provides an appropriation of
$809,000. The Committee directs USDA to promptly issue the final
Origin of Livestock rule as required by Section 756 of P.L. 116–94.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. $1,042,711,000
2021 budget estimate ......................................................................... 1,032,988,000
Provided in the bill ............................................................................. 1,069,817,000
Comparison:
2020 appropriation ...................................................................... +27,106,000
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2021 budget estimate .................................................................. +36,829,000
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COMMITTEE PROVISIONS
For the Animal and Plant Health Inspection Service, Salaries
and Expenses, the Committee provides an appropriation of
$1,069,817,000. This includes a total increase of $9,689,000 for pay
and retirement contribution.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116–136) included $55,000,000 for APHIS to prevent,
prepare for, and respond to coronavirus, domestically or inter-
nationally.
The Committee provides increases for the following programs:
$2,300,000 for Equine, Cervid, and Small Ruminant Health;
$3,000,000 for Veterinary Biologics; $2,000,000 for Zoonotic Disease
Management; $3,717,000 for Cotton Pests; $1,000,000 for Horse
Protection; and $5,400,000 for Specialty Crop Pests.
Within the amount included for Specialty Crop Pests, the Com-
mittee includes $64,278,000 for fruit fly exclusion and detection;
$61,415,000 for citrus health, including $3,000,000 for the
Huanglongbing Multi-Agency Coordination efforts; $21,138,000 for
the glassy-winged sharpshooter; $6,450,000 for the pale cyst nema-
tode; $2,521,000 for the light brown apple moth; $5,009,000 for the
European grapevine moth; $8,075,000 for the navel Orangeworm;
$5,000,000 for agricultural canine inspection teams; and
$16,066,000 for spotted lanternfly.
The following table reflects the amounts provided by the Com-
mittee:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(Dollars in Thousands)
FY 2020 FY 2021 Committee
enacted estimate provision
Animal Health Technical Services .................................................. $37,857 $42,285 $38,167
Aquatic Animal Health .................................................................... 2,253 2,289 2,278
Avian Health ................................................................................... 62,840 63,517 63,331
Cattle Health ................................................................................... 104,500 97,797 105,441
Equine, Cervid, and Small Ruminant Health ................................. 26,500 21,129 29,039
National Veterinary Stockpile .......................................................... 5,725 5,744 5,739
Swine Health ................................................................................... 24,800 25,200 25,090
Veterinary Biologics ........................................................................ 17,417 20,694 20,618
Veterinary Diagnostics .................................................................... 57,340 52,063 57,654
Zoonotic Disease Management ....................................................... 16,523 16,699 18,651
Subtotal, Animal Health ........................................................ 355,755 347,417 366,008
Agricultural Quarantine Inspection (Appropriated) ........................ 32,330 33,350 33,070
Cotton Pests .................................................................................... 11,520 11,659 15,338
Field Crop & Rangeland Ecosystems Pests ................................... 13,826 12,037 13,979
Pest Detection ................................................................................. 27,446 27,967 27,824
Plant Protection Methods Development .......................................... 20,686 21,045 20,946
Specialty Crop Pests ....................................................................... 192,013 183,079 198,912
Tree & Wood Pests .......................................................................... 60,000 56,336 60,600
Subtotal, Plant Health ........................................................... 357,821 345,473 370,669
Wildlife Damage Management ........................................................ 109,756 109,991 110,928
Wildlife Services Methods Development ......................................... 18,856 19,199 19,106
Subtotal, Wildlife Services ..................................................... 128,612 129,190 130,034
Animal & Plant Health Regulatory Enforcement ............................ 16,224 16,542 16,455
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Biotechnology Regulatory Services ................................................. 18,875 27,638 19,066
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SALARIES AND EXPENSES—Continued
(Dollars in Thousands)
FY 2020 FY 2021 Committee
enacted estimate provision
Subtotal, Regulatory Services ................................................ 35,099 44,180 35,521
Contingency Fund ........................................................................... 470 484 480
Emergency Preparedness & Response ............................................ 40,966 41,512 41,363
Subtotal, Emergency Management ........................................ 41,436 41,998 41,843
Agriculture Import/Export ................................................................ 15,599 15,822 15,761
Overseas Technical & Trade Operations ........................................ 24,115 24,265 24,224
Subtotal, Safe Trade .............................................................. 39,714 40,087 39,985
Animal Welfare ................................................................................ 31,310 31,947 31,772
Horse Protection .............................................................................. 1,000 721 2,012
Subtotal, Animal Welfare ....................................................... 32,310 32,668 33,784
APHIS Information Technology Infrastructure ................................. 4,251 4,251 4,251
Physical/Operational Security ......................................................... 5,146 5,159 5,155
Rent and DHS Payments ................................................................ 42,567 42,567 42,567
Subtotal, Agency Management .............................................. 51,964 51,977 51,973
Total, Direct Appropriation ............................................ $1,042,711 $1,032,988 $1,069,817
Agricultural Imports.—The Committee recognizes that there may
be a need to update APHIS physical facilities, staff capabilities,
and processes due to the increased volume of agricultural imports.
The Committee requests a plan to address the needs of the pro-
grams, including steps to collaborate with stakeholders on supple-
mental inspection and pathogen identification services and to im-
prove the transparency of the importation process.
Agriculture Quarantine Inspections.—The Committee recognizes
that prevention of infestations of pests and diseases is much more
cost effective than subsequent control or eradication. This is an im-
portant Federal responsibility and the Committee provides
$33,070,000 for the agricultural quarantine inspections (AQI) func-
tion, including pre-departure and interline inspections.
Animal Care Program.—The Committee is deeply concerned by
how the Animal Care program is being managed. To address these
concerns, the Committee directs Animal Care to ensure that each
noncompliance observed by a USDA inspector under the Animal
Welfare Act, is documented on an inspection report.
Antimicrobial Resistance.—The Committee provides $3,000,000
and directs APHIS to work with a public-private partnership fo-
cused on combating the global threat of antimicrobial resistance
across humans, animals, and the environment to explore the devel-
opment of an antimicrobial resistance dashboard tool for livestock
management, research, risk, and stewardship. As part of this work,
APHIS must explore the feasibility of developing an antimicrobial
resistance dashboard tool that ensures full compliance with the
confidentiality protections of the Confidential Information Protec-
tion and Statistical Efficiency Act. The dashboard should securely
track the emergence and spread of antimicrobial resistant patho-
gens in livestock production systems, validate systematic genetic
and management strategies to reduce antibiotic use, and build un-
derstanding of relationships between livestock genetics, the envi-
ronment, management practices, and the dynamics and frequencies
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Asian Longhorned Beetle (ALB).—Within the amount provided
for Tree and Wood Pests, the Committee maintains funding and
cost share rates for ALB at the 2020 level.
Biological Control Program.—The Committee maintains the FY
2020 level for the Biological Control Program within Plant Protec-
tion Methods Development to continue efforts to suppress pest pop-
ulations.
Blackbird Predation.—APHIS is responsible for providing Fed-
eral leadership in managing problems caused by wildlife. The Com-
mittee is aware of the economic importance of controlling blackbird
depredation, which affects sunflowers and other agricultural crops.
The Committee encourages APHIS to take action to reduce black-
bird depredation in the Northern Great Plains.
Canine Detection and Surveillance.—The Committee recognizes
the important role APHIS’ canines program plays in invasive spe-
cies and disease detection and provides an increase of $5,000,000
to support these efforts. The Committee encourages APHIS in col-
laboration with ARS to study the feasibility of using canines to de-
tect coffee leaf rust. In addition, USDA is directed to enter into co-
operative agreements with State departments of agriculture and
other partners to conduct agricultural canine detection and surveil-
lance activities.
Cattle Health.—The Committee maintains the 2020 increased
funding level for Cattle Health to continue to fund initiatives re-
lated to eradication of fever ticks for livestock and wildlife hosts in-
cluding but not limited to research, data management, infrastruc-
ture, and treatment. The Committee is concerned that the cattle
fever tick quarantine area is expanding despite efforts to constrain
their spread. To prevent movement of livestock and game animals
outside of the quarantined or high-risk premises, the Committee
encourages APHIS to use available funds for a cost-share program
for the construction and repair of livestock or game fencing on pri-
vate lands. The Committee directs USDA, in conjunction with state
animal health commissions, to develop a strategy to exclude wild-
life from areas at highest risk of tick spread and identify areas that
qualify for funds within these areas. The Committee reminds
USDA that the report on these efforts requested in House Report
116–107 is overdue and requests its submission immediately.
Dipping is an approved treatment option for cattle fever tick.
Within the amount provided, APHIS is urged to continue sup-
porting the staffing, cost recovery, record keeping, and operation of
existing dipping vats as well as to provide funding for the staffing
of two additional dipping vats at livestock markets.
The Committee also notes that large dense stands of non-native
carrizo cane occupy the banks and floodplains of the Rio Grande
River, providing favorable habitat for agriculturally damaging cat-
tle fever ticks and threatening water supplies for agriculture due
to its high evapo-transpiration capacity. The Committee under-
stands APHIS has been working with ARS on biological controls
and the U.S. Customs and Border Protection (CBP) for mechanical
controls. The Committee provides $5,000,000 for APHIS to continue
to coordinate with ARS, CBP, Department of the Interior, the
International Boundary and Water Commission, the Texas State
Soil and Water Conservation Board, and other stakeholders on con-
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Center for Veterinary Biologics.—The Committee provides an ad-
ditional $3,000,000 to support the Center for Veterinary Biologics
with the hiring of new employees to fill vacancies that will assist
with the regulatory responsibilities under the Virus Serum Toxin
Act.
Chronic Wasting Disease (CWD).—Funding is continued in
Equine, Cervid, and Small Ruminant Health for the national, vol-
untary Herd Certification Program (HCP) and regulations for the
interstate movement of farmed or captive deer, elk, and moose. The
cervid industry continues to participate in the agency’s HCP, which
supports the domestic and international marketability of U.S.
cervid herds. Funds are to be used for a combination of surveil-
lance, research, and indemnification for culling herds where CWD
infection has been found. Currently the only reliable test is a brain
biopsy. The agency is encouraged to utilize resources to help speed
up the development of a live test for CWD that would greatly de-
crease the need for indemnity. The Committee encourages APHIS
to maintain its commitment to the HCP and the cervid industry,
and directs the agency to spend no less than $11,000,000 for cervid
health activities. Within the funds provided, APHIS should give
priority to indemnity payments to remove infected animals and af-
fected herds as expeditiously as possible.
The Committee is concerned about the growing threat of CWD
and its impact on free ranging deer populations. Of the amount
provided for cervid health activities, no less than $7,000,000 is pro-
vided for APHIS to allocate funds directly to State departments of
wildlife and State departments of agriculture to further develop
and implement bovine tuberculosis in cervids and CWD manage-
ment and response activities including surveillance and testing as
part of an overall management plan. In allocating these funds,
APHIS shall give priority to States that have experienced a recent
incident of CWD, have a CWD monitoring and surveillance pro-
gram, and have a diagnostic laboratory system certified for CWD
testing.
Citrus Health Response Program (CHRP).—CHRP is a national
effort to protect the U.S. industry from the ravages of invasive
pests and diseases. These funds are designed to partner with state
departments of agriculture and industry groups to address the
challenges of citrus pests and diseases. In addition to the funds
provided in this account, the Committee encourages APHIS to uti-
lize the funds available in the Plant Pest and Disease Management
and Disaster Prevention Programs account to the greatest extent
possible in an attempt to sustain the economic viability of the cit-
rus industry.
Coffee Berry Borer.—The Committee recognizes the destructive
effects brought by infestation of the Coffee Berry Borer insect on
coffee production, and the negative impact this has on the agricul-
tural sector of Puerto Rico. The Committee directs APHIS to ac-
tively design a Hierarchical Environment for Research Modeling of
Ecological Systems, known as the Hermes model, to control the
prevalence of the Coffee Berry Borer pest in this U.S. jurisdiction.
The Committee further directs USDA to assign the necessary funds
to accomplish project objectives. APHIS shall submit a report to
Congress that includes project accomplishments and obstacles by
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no later than November 30, 2021.
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Cogongrass.—The Committee continues to provide $3,000,000 for
APHIS to partner with state departments of agriculture and for-
estry commissions in states considered to be the epicenter of infes-
tations, to assist with control and treatment of cogongrass in order
to slow the advancing front of this invasive plant-pest species and
its impact on forest productivity, wildlife habitat, and private land-
owners.
Cotton Pests.—The bill provides $15,338,000 for the joint Cotton
Pests Program. The Committee encourages APHIS and the cotton
industry to make every effort to ensure the boll weevil does not re-
infest areas of the U.S. where it has been successfully eradicated.
The Boll Weevil Eradication Program, an outstanding example of
a public-private partnership, has successfully eradicated the boll
weevil from all U.S. cotton-producing regions except for the ex-
treme lower parts of Texas in the Lower Rio Grande Valley (LRGV)
bordering Tamaulipas, Mexico. Growers in the LRGV, with assist-
ance from APHIS and the support of the entire industry, continue
to conduct an active program to eradicate the boll weevil. The
LRGV serves as the barrier between boll weevil infested areas of
Mexico and boll weevil-free areas of the United States.
Disease Surveillance.—Recognizing the importance of disease
surveillance among APHIS-inspected animals, the Committee en-
courages APHIS to continue to explore partnerships with veteri-
nary medicine programs to establish a formal disease surveillance
network.
Emergency Outbreaks.—The Committee continues to include spe-
cific language relating to the availability of funds to address emer-
gencies related to the arrest and eradication of contagious or infec-
tious diseases or pests of animals, poultry or plants. The Com-
mittee expects the Secretary to continue to use the authority pro-
vided in this bill to transfer funds from the CCC for the arrest and
eradication of animal and plant pests and diseases that threaten
American agriculture. By providing funds in this account, the Com-
mittee is enhancing, not replacing, the use of CCC funding for
emergency outbreaks.
Emergency Preparedness and Response.—The Committee con-
tinues to provide funding for the Animal Care Program to coordi-
nate with the Federal Emergency Management Agency on the Na-
tional Response Plan and to support state and local governments’
efforts to plan for protection of people with animals and incorporate
lessons learned from previous disasters.
Feral swine.—The Committee maintains the 2020 funding level
for feral swine eradication efforts. The Committee encourages
APHIS Wildlife Services to use all approved measures as a force
multiplier and prioritize states with the highest population of feral
swine.
Final rule on horse protection.—The Secretary is strongly urged
to reinstate and publish the final rule, Horse Protection; Licensing
of Designated Qualified Persons and Other Amendments (Docket
No. APHIS–2011–0009), as it was finalized and displayed in ad-
vance public notice in the Federal Register on January 19, 2017,
with effective dates adjusted to reflect the delay in implementation.
HLB MAC Group.—The Committee recognizes the significant
economic impact of this disease on the citrus industry, which is es-
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California. The Committee also understands that growers are re-
questing the right to try treatments that have begun to show suc-
cess in early stages of testing. The Committee encourages the HLB
MAC group to explore and identify new methods to expedite the de-
livery of promising treatments directly to willing growers, regard-
less of the phase of observation the treatment is at within the re-
search pipeline. Finally, the Committee expects any funds which
are redirected from existing HLB MAC projects be repurposed to
other priority HLB MAC projects that are showing promising re-
sults in order to ensure these critical funds remain committed to
help facilitate the design and implementation of the rapid delivery
pathway to growers.
Horse Protection Act.—The Committee provides $2,000,000 for
enforcement of the Horse Protection Act of 1970 and reminds the
Secretary that Congress granted the agency primary responsibility
to enforce this law.
Huanglongbing Emergency Response.—The Committee maintains
the 2020 funding levels for HLB emergency response within the
Specialty Crop Pests line item. The Committee encourages APHIS
to allocate sufficient resources in order to continue vital manage-
ment, control, and associated activities to address citrus greening.
The disease, for which there is no cure, has caused a reduction in
citrus production by over 70 percent since 2007 in Florida alone.
All citrus producing counties in Texas are under quarantine, and
California has found the Asian Citrus Psyllid, the vector of the dis-
ease, in several areas of the state, and citrus greening in some resi-
dential trees. The spread of this disease has called into question
the future of the domestic citrus industry, costing thousands of jobs
and millions of dollars in lost revenue. The agency is encouraged
to support priorities and strategies identified by the HLB MAC
group which will benefit the citrus industry. The agency should ap-
propriately allocate resources based on critical need and maximum
effect to the citrus industry.
The Committee also provides $8,500,000 for citrus health to sup-
port priorities and strategies identified by the HLB MAC group.
The HLB MAC is focused on solutions to help the citrus industry,
and the cooperative nature of federal, state, and industry rep-
resentatives in this group is expected to result in the development
of tools and techniques to address this devastating disease. The
MAC has been an effective resource in helping growers explore new
possible solutions. The agency should appropriately allocate re-
sources based on critical need and maximum impact to the citrus
industry. These citrus health activities directly protect citrus pro-
duction on approximately 765,000 acres in the United States worth
more than $11 billion in total.
In and Out Bound Market Access Report.—The Committee awaits
the report from APHIS on U.S. out-bound and foreign in-bound ag-
ricultural market access.
Inspection Reports.—The bill provides $31,772,000 for the Animal
Welfare program in order to ensure that minimum standards of
care and treatment are provided for certain animals bred for com-
mercial sale, used in research, transported commercially, or exhib-
ited to the public.
This level includes funding to support the agreement between
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APHIS and ARS, under which APHIS conducts compliance inspec-
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40
tions of ARS facilities to ensure compliance with the regulations
and standards of the Animal Welfare Act. The Committee directs
APHIS to conduct inspections of all such ARS facilities and to post
the resulting inspection reports on line in their entirety without
redactions except signatures. The Committee continues to direct
APHIS to transmit to the Committees all inspection reports involv-
ing ARS facilities, including pre-compliance inspections. These fa-
cilities involve federal funds over which this Committee has over-
sight responsibilities. APHIS is directed to include every violation
its inspectors find and never to frustrate the Committee’s oversight
activities by using so-called ‘‘teachable moments’’’ or other means
of not reporting ARS facility violations.
National Animal Health Laboratory Network (NAHLN).—The
laboratories within the NAHLN network are on the frontline for
detection of newly identified and reemerging animal diseases.
NAHLN laboratories provide a critical contribution to animal and
public health. The bill continues to provide funding for NAHLN
through both APHIS and NIFA at approximately $12,700,000 and
$4,300,000, respectively, resulting in a total investment of no less
than $17,000,000 for fiscal year 2021. This amount is in addition
to mandatory funding provided through the 2018 Farm Bill for Ani-
mal Disease Prevention and Management. The Committee encour-
ages the Department to provide robust funding from the 2018
Farm Bill for NAHLN. These laboratories were invaluable during
the 2015 outbreak of HPAI, which significantly increased testing
needs. At the same time, NAHLN laboratories must also continue
testing for other animal diseases of concern.
National Clean Plant Network (NCPN).—Of the funds made
available for the National Clean Plant Network (NCPN), appro-
priate consideration shall be provided for equipment purchases to
ensure the establishment of a redundant diagnostic and therapy
center for the NCPN-Berries. Further, funding for the NCPN-Ber-
ries diagnostic center shall be no less than the FY 2020 level. The
Committee also expects a full report within 90 days of enactment
detailing the history of the NCPN-Berries program, the complete
plan for future work, and the effort to establish adequate diag-
nostic and therapeutic redundancy.
National Honeybee Disease Survey Report.—The Committee con-
tinues funding the survey at the 2020 level. Since 2009, a national
survey of honeybee pests and diseases has been funded annually by
APHIS along with other federal and non-federal partners to docu-
ment which bee diseases, parasites, or pests of honeybees are
present and/or likely absent in the U.S. This information will help
place current and future epidemiological studies in context and
thus may indirectly help investigations of emerging conditions.
Pacific Ants.—Congress encourages APHIS, ARS, and the Forest
Service to lead the revision of the Biosecurity Plan for Invasive
Ants in the Pacific, in collaboration with U.S. and international
partners. The plan should include (1) research; (2) the development
of technologies and methodologies for prevention, eradication and
control of invasive ants; and (3) the collaborative implementation
of projects to prevent, monitor and control invasive ants in affected
Pacific islands.
Pale Cyst Nematode Eradication.—The Committee includes fund-
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ing to maintain resources for the pale cyst nematode eradication
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41
program at the 2020 level in order to continue with successful ef-
forts to eradicate this pest. If left untreated, this pest could spread,
affecting other crops.
Roseau Cane.—The Committee remains concerned with the
invasive species-scale insect pest that is destroying Roseau cane in
the Mississippi River Delta region along the Gulf of Mexico. The
Committee directs APHIS to continue to work with ARS and stake-
holders and continues to provide no less than $2,000,000 within
Field Crop and Rangeland Ecosystems Pests to further develop an
integrated management program for control of the Roseau cane
scale insect pest infestation.
Searchable databases.—The Committee directs APHIS to ensure
that the searchable databases in Section 788 of P.L. 116–94 are
searchable at least to the same extent that they were on January
30, 2017 in terms of both function and content.
Spotted Lanternfly.—The Committee continues to be concerned
about the recent Spotted Lanternfly outbreak and provides an in-
crease of $4,000,000 to support efforts in combatting this pest.
Wildlife Services.—The Committee is aware that Wildlife Serv-
ices has worked with landowners to deploy nonlethal strategies,
e.g., fladry, electric fencing, and livestock guardian dogs, to reduce
predator depredation on livestock. In FY 2020, the Committee pro-
vided an increase of $1,380,000 for Wildlife Services to hire per-
sonnel exclusively to: (1) promote and implement nonlethal live-
stock-predator conflict deterrence techniques in selected states; and
(2) assist in providing training in these techniques to agricultural
producers, landowners, and other agency personnel in collaboration
with the National Wildlife Research Center. This would include re-
search on monitoring methods for efficacy of non-lethal control
methods implemented to reduce predation. The Committee is main-
taining this level of funding for this purpose in FY 2021.
BUILDINGS AND FACILITIES
2020 appropriation ............................................................................. $3,175,000
2021 budget estimate ......................................................................... 2,574,000
Provided in the bill ............................................................................. 3,175,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. +601,000
COMMITTEE PROVISIONS
For Buildings and Facilities of the Animal and Plant Health In-
spection Service, the Committee provides $3,175,000.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
2020 appropriation ............................................................................. $186,936,000
2021 budget estimate ......................................................................... 148,440,000
Provided in the bill ............................................................................. 188,891,000
Comparison:
2020 appropriation ...................................................................... +1,955,000
2021 budget estimate .................................................................. +40,451,000
COMMITTEE PROVISIONS
For Marketing Services of the Agricultural Marketing Service
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(AMS), the Committee provides an appropriation of $188,891,000.
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This amount includes an increase of $2,000,000 to fund the Na-
tional Organic Standards program at $18,000,000, doubling the
program in just five years. The bill also includes $8,000,000 for the
Farmers Market and Local Food Promotion Program authorized
under the Local Agriculture Market Program (LAMP) in the Agri-
culture Improvement Act of 2018. Together with the Value-Added
Producer Grant Program, the bill provides a total of $20,000,000
for LAMP. This amount is in addition to $50,000,000 of mandatory
funds available for LAMP in fiscal year 2021. The bill maintains
funding for the Acer Access and Development Program at
$6,000,000. The bill also provides a total increase of $1,809,000 for
pay and retirement contribution.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116–136) included $45,000,000 for AMS to prevent, pre-
pare for, and respond to coronavirus, domestically or internation-
ally.
Current Oversupply of Fresh Potatoes.—The committee encour-
ages AMS to pursue purchases of fresh potatoes, including those
that can also be used for processing and for frozen potato products.
National Organic Program (NOP).—There continues to be con-
cern about fraud in the organic program, especially among imports.
AMS is directed to continue providing the Committee with timely
updates on investigations of fraud in organic markets. The Com-
mittee requests that additional funding provided in the bill for
NOP be focused on proactive risk-based investigations and over-
sight, enhanced training for certifiers, and standards development.
Organic Production and Market Data Initiative.—The Committee
notes that the 2018 Farm Bill provides $5,000,000 for the Organic
Production and Market Data Initiative. Accurate data for the pro-
duction, pricing and marketing of organic products is essential to
maintaining stable markets, identifying fraud, creating risk man-
agement tools, and tracking production trends. The National Or-
ganic Program should require mandatory reporting by accredited
certifying agents on aggregate production area certified by crop and
location in order to accurately calculate organic acreage and yield
estimates on a country-by-country basis. USDA shall report to Con-
gress within one year on the department’s current collection and
publication of organic data and identify gaps in the reporting or
collection of organic specific data.
Shelf Stable Items in Farmers to Families Program.—The Com-
mittee encourages USDA to consider purchasing shelf stable items,
such as dehydrated potatoes, during any expansion of the program.
LIMITATION ON ADMINISTRATIVE EXPENSES
2020 limitation .................................................................................... ($61,227,000)
2021 budget limitation ....................................................................... (60,982,000)
Provided in the bill ............................................................................. (61,227,000)
Comparison:
2020 limitation ............................................................................ –––
2021 budget limitation ................................................................ +245,000
COMMITTEE PROVISIONS
The Committee provides a limitation of $61,227,000 on Adminis-
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trative Expenses of the Agricultural Marketing Service.
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FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. ($20,705,000)
2021 budget estimate ......................................................................... (20,705,000)
Provided in the bill ............................................................................. (20,705,000)
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For the Marketing Agreements and Orders Program, the Com-
mittee provides a transfer from Section 32 funds of $20,705,000.
The following table reflects the status of this fund:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD FISCAL YEARS 2020–2021
(Dollars in Thousands)
FY 2020 FY 2021 Committee
enacted estimate provision
Appropriation (30% of Customs Receipts) ................................................ $15,123,425 $22,696,566 $22,696,566
Less Transfers:
Food and Nutrition Service ................................................................ ¥13,535,592 ¥21,081,566 ¥21,081,566
Commerce Department ...................................................................... ¥183,833 ¥184,000 ¥184,000
Total, Transfers ......................................................................... ¥13,719,425 ¥21,265,566 ¥21,265,566
Budget Authority, Farm Bill ........................................................................ 1,404,000 1,431,000 1,431,000
Appropriations Temporarily Reduced—Sequestration ....................... 0 0 ¥71,136
Budget Authority, Appropriations Act ....................................... 1,404,000 1,431,000 1,359,864
Less Obligations:
Child Nutrition Programs (Entitlement Commodities) ....................... 485,000 485,000 485,000
State Option Contract ........................................................................ 5,000 5,000 5,000
Removal of Defective Commodities ................................................... 2,500 2,500 2,500
Disaster Relief ................................................................................... 5,000 5,000 5,000
Additional Fruits, Vegetables, and Nuts Purchases .......................... 206,000 206,000 206,000
Fresh Fruit and Vegetable Program .................................................. 179,000 183,000 183,000
Estimated Future Needs .................................................................... 392,667 487,049 415,913
Total, Commodity Procurement ................................................. 1,275,167 1,373,549 1,302,413
Administrative Funds:
Commodity Purchase Support ............................................................ 35,853 36,746 36,476
Marketing Agreements and Orders .................................................... 20,705 20,705 20,705
Total, Administrative Funds ...................................................... 56,558 57,451 57,451
Total Obligations ................................................................................ $1,331,725 $1,431,000 $1,359,864
Cranberry Purchases.—The Committee remains concerned about
low cranberry commodity prices and associated farm losses that US
cranberry producers have incurred over the past three years. Retal-
iatory tariffs in major export markets coupled with high yields
across major producing areas have negatively impacted efforts by
the industry and USDA to expand new markets and address cur-
rent pressures on farm income. The Committee expects USDA to
continue closely monitoring the cranberry industry markets and to
initiate a Section 32 purchase of cranberry products if an economic
analysis supports such a buy and if there are recipients who can
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accept the products.
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PAYMENTS TO STATES AND POSSESSIONS
2020 appropriation ............................................................................. $1,235,000
2021 budget estimate ......................................................................... –––
Provided in the bill ............................................................................. 1,235,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. +1,235,000
COMMITTEE PROVISIONS
For Payments to States and Possessions, the Committee provides
an appropriation of $1,235,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
2020 limitation .................................................................................... ($55,000,000)
2021 budget limitation ....................................................................... (55,000,000)
Provided in the bill ............................................................................. (55,000,000)
Comparison:
2020 limitation ............................................................................ –––
2021 budget limitation ................................................................ –––
COMMITTEE PROVISIONS
The Committee includes a limitation on inspection and weighing
services expenses of $55,000,000.
OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
2020 appropriation ............................................................................. $800,000
2021 budget estimate ......................................................................... 813,000
Provided in the bill ............................................................................. 809,000
Comparison:
2020 appropriation ...................................................................... +9,000
2021 budget estimate .................................................................. ¥4,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food Safety, the Com-
mittee provides an appropriation of $809,000.
FOOD SAFETY AND INSPECTION SERVICE
2020 appropriation ............................................................................. $1,054,344,000
2021 budget estimate ......................................................................... 1,092,405,000
Provided in the bill ............................................................................. 1,088,552,000
Comparison:
2020 appropriation ...................................................................... +34,208,000
2021 budget estimate .................................................................. ¥3,853,000
COMMITTEE PROVISIONS
For the Food Safety and Inspection Service (FSIS), the Com-
mittee provides an appropriation of $1,088,552,000. This amount
includes $7,300,000 for the relocation of the Mid-Western Labora-
tory, $4,684,000 for Information Technology modernization invest-
ments, $1,000,000 for the inspection of wild caught invasive species
in the order siluriformes and family Ictaluridae, including blue cat-
fish in the Chesapeake Bay, and resources for the Consumer Safety
Inspection Conversion.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116–136) included $33,000,000 for FSIS to prevent, pre-
pare for, and respond to coronavirus, domestically or internation-
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ally.
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The following table reflects the Committee’s recommendations for
fiscal year 2021:
FOOD SAFETY AND INSPECTION SERVICE
[Dollars in Thousands]
Federal Inspection ............................................................................................................................................ $970,197
Public Health Data Communication Infrastructure System ............................................................................. 34,580
International Food Safety and Inspection ........................................................................................................ 17,045
State Food Safety and Inspection .................................................................................................................... 66,730
Total, Food Safety and Inspection Service .............................................................................................. $1,088,552
Beef Inspection.—The Committee is concerned about FSIS’ con-
sideration of line-speed waivers for beef slaughter plants. The Com-
mittee objects to any process that bypasses the longstanding proc-
ess of public notice and input. The Committee directs any proposed
changes to the beef inspection system go through the normal regu-
latory process and be published in the Federal Register.
COVID–19 Response.—FSIS is responsible for ensuring the safety
of the nation’s meat and poultry supply, while ensuring the safety
of its inspectors. During the COVID–19 outbreak, FSIS has trag-
ically failed to protect its workforce. At least four FSIS inspectors
have died from COVID–19. USDA failed to promptly provide Per-
sonal Protective Equipment to inspectors. Additional mitigation
measures to protect inspectors from COVID–19 risks should have
been implemented much more quickly, including mandatory social
distancing and increased screening measures in establishments to
reduce the spread of COVID–19. FSIS also relocated inspectors
from closed establishments that had had COVID–19 outbreaks to
other establishments, potentially increasing the spread of the dis-
ease and placing other people at risk. FSIS is directed, effective
when this bill is reported by the full committee, to publish on its
website the number of confirmed COVID–19 cases and deaths
among FSIS inspectors and to update those numbers within five
business days of receiving any updated numbers.
FSIS Rulemaking.—The Committee has reviewed the Inspector
General’s (IG) recent report on the rulemaking process relating to
worker safety analysis that was used to develop the modernized
swine slaughter rule. The Committee is deeply concerned with the
IG’s findings about the shortcomings in meeting transparency re-
quirements and determining the reliability and quality of worker
safety data used in the rulemaking. The Committee directs FSIS
to expeditiously implement all recommendations identified in the
IG report. The agency shall brief the Committee within 60 days of
enactment on updates to the internal procedures on rulemaking
and communication efforts with the public on the data used in de-
veloping the rule.
Humane Methods of Slaughter.—The Food Safety and Inspection
Service shall ensure that all inspection personnel conducting hu-
mane handling verification procedures receive robust initial train-
ing and periodic refresher training on the FSIS humane handling
regulations, FSIS humane handling and slaughter directives, and
proper use of the Humane Activities Tracking System. The Com-
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mittee directs the agency to resume preparation and online posting
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of the Humane Handling Quarterly Reports, to include: (1) the
number of humane handling verification procedures performed, (2)
the number of administrative enforcement actions taken, (3) time
spent on Humane Handling Activities Tracking System activities,
and (4) comparisons of these measurements by plant size and FSIS
district.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FARM PRODUCTION AND
CONSERVATION
2020 appropriation ............................................................................. $901,000
2021 budget estimate ......................................................................... 1,141,000
Provided in the bill ............................................................................. 916,000
Comparison:
2020 appropriation ...................................................................... +15,000
2021 budget estimate .................................................................. ¥225,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Farm Production and
Conservation (FPAC), the Committee provides an appropriation of
$916,000.
Acreage Adoption Initiative.—The Committee recognizes the con-
servation benefits of USDA’s new pilot program, CLEAR30. The
Committee encourages USDA, through the Lake Erie Basin
Project, to explore creating a similar pilot project that allows farm-
ers to adopt an acre of land around the basin to survey and re-
search soil nutrient outcomes, through experiments with cover
crops, phosphorus, carbon dioxide, and nitrogen. The Committee di-
rects NRCS to inform the Committee of the pilot program’s feasi-
bility.
Agricultural Labor.—The Committee is concerned with the lack
of available domestic agricultural workers and the increasing de-
mand for agricultural labor across the United States. For this rea-
son, the Committee encourages the Secretary to report to the Com-
mittee on the size of the agricultural workforce in the United
States. The report should include the number of workers in the
current agricultural labor force and the number of agricultural job
vacancies in the United States. The report should assess both year-
round and seasonal agricultural labor.
Information Technology Briefing.—The Committee directs the
Under Secretary to provide briefings during fiscal year 2021 on the
development and combination of information technology systems,
specifically farm program modernization and the latest updates to
the farmers.gov website.
Livestock Indemnity Payments.—The Committee is concerned the
current process for producers to apply for reimbursement due to at-
tacks by animals under the Livestock Indemnity Program is bur-
densome and does not fully compensate producers for their loss.
The Committee directs the Secretary to provide a report to the
Committee within 180 days of enactment on factors contributing to
producers’ challenges in the application process for the Livestock
Indemnity Program. The report shall examine ways to streamline,
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simplify, and improve the application process for producers, and
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make recommendations on possible methods to fully and fairly
compensate producers for direct and indirect costs of eligible at-
tacks.
Livestock Indemnity Payments for Adverse Weather.—The Com-
mittee is aware that millions of farmed animals die each year due
to the effects of adverse weather. Extreme weather events are oc-
curring at increased frequency, putting additional livestock at risk.
The Committee recognizes the importance of disaster planning and
directs the Department to work with producers that want to volun-
tarily develop disaster plans to prevent livestock deaths and inju-
ries.
Watershed Projects.—The Committee directs the Secretary to re-
port on the status of all federally funded watershed projects
throughout the States and territories that remain unfinished or in-
complete due to lack of funds. The Committee encourages the De-
partment to focus on active projects that are over 50 percent com-
plete and where participating states and territories have contrib-
uted their share of the project costs.
FARM PRODUCTION AND CONSERVATION BUSINESS CENTER
SALARIES AND EXPENSES
2020 appropriation ............................................................................. $203,877,000
2021 budget estimate ......................................................................... 243,602,000
Provided in the bill ............................................................................. 232,194,000
Comparison:
2020 appropriation ...................................................................... +28,317,000
2021 budget estimate .................................................................. ¥11,408,000
COMMITTEE PROVISIONS
For the Farm Production and Conservation Business Center
(FPAC BC), the Committee provides an appropriation of
$232,194,000. While the Committee strongly supports FPAC’s dig-
ital records initiative request, especially efforts to improve the effi-
ciency and effectiveness of field offices by eliminating paper forms,
it is concerned with the large lapsing balances in the FPAC Mis-
sion Area at the end of fiscal year 2019. The Committee will con-
tinue to monitor these balances to determine appropriate funding
levels.
Process Modernization.—The Committee recognizes that imple-
menting the requirements of the 21st Century Integrated Digital
Experience Act will enable the FPAC BC to improve digital service
delivery for farmers, ranchers and internal workflows. The Com-
mittee supports FPAC BC’s efforts to modernize its internal and
external digital services and encourages FPAC BC to continue fo-
cusing on requirements that will most effectively modernize farm-
er-facing services, including modernizing its paper-based forms.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Transfer from
Appropriation Total, FSA S&E
program accounts
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2020 appropriation ................................................................... 1,122,837,000 (291,377,000) 1,414,214,000
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Transfer from
Appropriation Total, FSA S&E
program accounts
2021 budget estimate .............................................................. 1,104,684,000 (294,114,000) 1,398,798,000
Provided in the bill ................................................................... 1,152,323,000 (294,114,000) 1,446,437,000
Comparison:
2020 appropriation .......................................................... +29,486,000 +2,737,000 +32,223,000
2021 budget estimate ..................................................... +47,639,000 ––– +47,639,000
COMMITTEE PROVISIONS
For Salaries and Expenses of the Farm Service Agency (FSA),
the Committee provides an appropriation of $1,152,323,000 and
transfers of $294,114,000 for a total program level of
$1,446,437,000.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116–136) included $3,000,000 for the Farm Service Agen-
cy to prevent, prepare for, and respond to coronavirus, domestically
or internationally.
Dryland Farming.—The Committee recognizes the importance of
the authority granted to the Secretary in the 2018 Farm Bill to
permit dryland agricultural uses on land enrolled under a Con-
servation Reserve Enhancement Program (CREP) agreement and
encourages the use of this discretion to permit dryland agriculture
within new or modified CREP projects where irrigated agriculture
is currently taking place.
Heirs Property.—The Committee acknowledges and appreciates
the listening sessions conducted by the FSA on heirs property
issues and encourages the FSA to continue to work with local per-
sons knowledgeable about heirs property issues and to implement
the program in such a way that it is accessible to those who could
benefit. The Committee directs FSA to inform the Committee on
how it will implement input from the listening sessions. The Com-
mittee also directs the FSA to create a strategic plan that address-
es issues that could prevent heirs property owners from accessing
and benefiting from the program, including the difficulties of
collateralization for those with limited assets and credit history.
Noninsured Crop Disaster Assistance Program (NAP) Fairness.—
The Committee is aware of the recent ruling from the USDA Na-
tional Appeals Division finding that the FSA did not follow its own
rules while attempting to adjust the approved yields for farmers
and ranchers in Rio Arriba County, NM. Within 120 days of the en-
actment of this legislation, USDA shall review the Farm Service
Agency’s actions, consistent with this ruling, and provide a report
to the Committee on which counties in the United States may have
been impacted by similar decisions from State FSA directors and
what mitigating actions the Agency plans to take. The Committee
directs the USDA to provide equitable relief to the impacted farm-
ers and ranchers and directs USDA to make reforms to the NAP
policies and procedures to ensure farmers and ranchers are held
harmless when errors are discovered.
Small Farms.—The Committee is concerned that a majority of fi-
nancial and technical assistance goes to larger farmers. The De-
partment should make every effort to reach smaller farmers. The
committee awaits the report on small farms as directed by House
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Report 116–107.
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Staffing Levels.—The Committee is concerned about staffing
shortages at FSA offices. No later than 90 days from the enactment
of this Act, the Committee directs the Secretary to submit a report
to Congress with an administrative breakdown of allotment levels
by State, current full-time equivalents, current on-board perma-
nent employees by State, and funded ceiling levels by State.
STATE MEDIATION GRANTS
2020 appropriation ............................................................................. $5,545,000
2021 budget estimate ......................................................................... 6,914,000
Provided in the bill ............................................................................. 6,914,000
Comparison:
2020 appropriation ...................................................................... +1,369,000
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For State Mediation Grants, the Committee provides an appro-
priation of $6,914,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
2020 appropriation ............................................................................. $6,500,000
2021 budget estimate ......................................................................... –––
Provided in the bill ............................................................................. 6,500,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. +6,500,000
COMMITTEE PROVISIONS
For the Grassroots Source Water Protection Program, the Com-
mittee provides an appropriation of $6,500,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
2020 appropriation ............................................................................. $500,000
2021 budget estimate ......................................................................... 500,000
Provided in the bill ............................................................................. 500,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For the Dairy Indemnity Program, the Committee provides an
appropriation of such sums as may be necessary (estimated to be
$500,000 in the President’s fiscal year 2021 budget request).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
ESTIMATED LOAN LEVELS
2020 loan level .................................................................................... $8,431,016,000
2021 budget estimate ......................................................................... 8,906,698,000
Provided in the bill ............................................................................. 8,932,176,000
Comparison:
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2020 loan level ............................................................................. +501,160,000
2021 budget estimate .................................................................. +25,478,000
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COMMITTEE PROVISIONS
For the Agricultural Credit Insurance Fund program account, the
Committee provides a loan level of $8,932,176,000.
The following table reflects the loan levels for the Agricultural
Credit Insurance Fund program account:
AGRICULTURE CREDIT PROGRAMS—LOAN LEVELS
[Dollars in Thousands]
FY 2020 enacted FY 2021 estimate Committee provision
Farm Loan Programs:
Farm Ownership:
Direct ...................................................................................... $1,875,000 $2,119,000 $2,119,000
Unsubsidized Guaranteed ...................................................... 2,750,000 2,750,000 2,750,000
Farm Operating:
Direct ...................................................................................... 1,550,133 1,633,333 1,633,333
Unsubsidized Guaranteed ...................................................... 1,960,000 2,118,482 2,118,482
Emergency Loans ............................................................................ 37,668 37,668 37,668
Indian Tribe Land Acquisition Loans .............................................. 20,000 20,000 20,000
Conservation Loans:
Unsubsidized Guaranteed ...................................................... 150,000 150,000 150,000
Indian Highly Fractionated Land .................................................... 10,000 ––– 10,000
Boll Weevil Eradication ................................................................... 60,000 60,000 60,000
Relending Program ......................................................................... 18,215 18,215 33,693
Total .............................................................................. 8,431,016 8,906,698 8,932,176
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in Thousands]
Guaranteed loan Administrative
Direct loan subsidy subsidy expenses
2020 appropriation ......................................................................... $58,440 $20,972 $317,068
2021 budget estimate .................................................................... 38,710 23,727 307,344
Provided in the bill ......................................................................... 38,710 23,727 307,344
Comparison:
2020 appropriation ................................................................ ¥19,730 2,755 ¥9,724
2021 budget estimate ........................................................... ––– ––– –––
The following table reflects the costs of loan programs under
credit reform:
AGRICULTURE CREDIT PROGRAMS—SUBSIDIES AND GRANTS
[Dollars in Thousands]
FY 2020 enacted FY 2021 estimate Committee provision
Farm Loan Subsidies:
Farm Operating:
Direct ...................................................................................... $58,440 $38,710 $38,710
Unsubsidized Guaranteed ...................................................... 20,972 23,727 23,727
Emergency Loans ............................................................................ 2,023 207 207
Indian Highly Fractionated Land .................................................... 2,745 ––– 1,484
Boll Weevil Eradication ................................................................... 60 ––– –––
Relending Program ......................................................................... 5,000 2,703 5,000
Total .............................................................................. 89,240 65,347 69,128
ACIF Expenses:
FSA Salaries and Expenses ................................................... 290,917 294,114 294,114
Program Administrative Expenses ......................................... 10,070 13,230 13,230
FPAC Business Center Salaries and Expenses ............................... 16,081 ––– –––
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Total, ACIF Expenses ..................................................... $406,308 $372,691 $376,472
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RISK MANAGEMENT AGENCY
SALARIES AND EXPENSES
2020 appropriation ............................................................................. $58,361,000
2021 budget estimate ......................................................................... 59,440,000
Provided in the bill ............................................................................. 59,374,000
Comparison:
2020 appropriation ...................................................................... +1,013,000
2021 budget estimate. ................................................................. ¥66,000
COMMITTEE PROVISIONS
For the Risk Management Agency, the Committee provides an
appropriation of $59,374,000.
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS
2020 appropriation ............................................................................. $829,628,000
2021 budget estimate ......................................................................... 830,186,000
Provided in the bill ............................................................................. 833,785,000
Comparison:
2020 appropriation ...................................................................... +4,157,000
2021 budget estimate .................................................................. +3,599,000
COMMITTEE PROVISIONS
For Conservation Operations, the Committee provides an appro-
priation of $833,785,000.
The Committee provides $11,715,000 for the Snow Survey and
Water Forecasting Program; $9,559,000 for the Plant Materials
Centers; and $79,665,000 for the Soil Surveys Program. The Com-
mittee provides $732,846,000 for Conservation Technical Assist-
ance. The Committee provides $2,458,500 for the farmers.gov Cus-
tomer Experience Portal program.
Composting.—The Committee encourages NRCS to explore cre-
ating a composting practice within the Conservation Stewardship
Program and the Environmental Quality Incentives Program. A
composting practice may include an activity to produce compost
from organic waste that is generated on a farm or brought to a
farm from the nearby community and use of compost on a farm to
improve water retention and soil health, subject to the condition
that such use complies with applicable Federal, State, and local
laws.
Conservation Data Collection.—The Committee directs the De-
partment to conduct a study to assess data collected from pro-
ducers, across all USDA agencies, related to conservation practices
and describe how that data can be used to increase and improve
conservation efforts. The report should consider and share what ad-
ditional data would improve the ability to better quantify the bene-
fits of these practices. The Committee directs the Department to
share its findings with the Appropriations Committees no later
than one year after enactment of this Act.
Cover Crop Management.—The Committee provides $1,000,000
from within funds provided and directs the NRCS to bolster ongo-
ing efforts of the Soil Health Initiative working to link soil health
and cover crop management with an On-Farm Research Network
in conjunction with public and private sector partners. This work
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examines the challenges facing producers to increase cover crop
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practices and better understand the benefits of cover crop perform-
ance across different regions, management scenarios, climatic zones
and soil types. This project would further develop a decision-sup-
port platform to help producers establish a cover crop expert net-
work to help producers in corn producing states establish and man-
age cover crops, increase their use and measure the benefits of soil
health.
Critical Conservation Areas.—The Committee supports Critical
Conservation Areas and the collaborative regional approach to ad-
dress common natural resources goals while maintaining or im-
proving agricultural productivity. The Committee encourages
NRCS to provide Conservation Technical Assistance additional
funds to Critical Conservation Areas to address conservation plan-
ning backlogs.
EQIP Outreach.—The Committee understands the value of car-
bon capture and sequestration for the health of regenerative soil.
Therefore, the Committee directs NRCS to increase awareness and
outreach of the Environmental Quality Incentives Program (EQIP)
to farmers in distressed watersheds, to incentivize farmers to im-
prove soil carbon capture for improved land and water health.
Forestry and Wetlands.—The Committee recognizes the impor-
tance of wetlands and forests as effective land cover for mainte-
nance of water quality. The Committee directs NRCS to study the
ability and effectiveness of managed forestry best practices to aid
in combating and mitigating waste runoff and toxic elements in af-
fected large water sources and watersheds where overapplication of
toxins and manure is harming freshwater drinking supplies. NRCS
should seek input from forestry experts. The Committee directs
NRCS to report back on its findings, within 180 days of the enact-
ment of this Act.
Harmful Algal Blooms (HABs).—The Committee recognizes soil
erosion as a leading cause of nutrient runoff, which substantially
increases the frequency, size, and intensity of HABs. The Com-
mittee strongly directs NRCS to continue funding NRCS’s ongoing
work to reduce nutrient loading from agricultural sources that can
contribute to the growth of harmful algal blooms. The funding shall
be used for targeting of watersheds where harmful algal blooms
pose a threat and implementing a variety of conservation systems
to address all transport pathways of phosphorus from agricultural
land uses. NRCS shall coordinate efforts to address harmful algal
blooms with other federal partners through the Interagency Work-
ing Group on Harmful Algal Blooms and Hypoxia Research Control
Act as authorized by Public Law 115–423. Further, within one year
of enactment, the Committee directs NRCS, in collaboration with
the Great Lakes Restoration Initiative to report back on compari-
sons between soil health, water quality, and HABs presence in the
Great Lakes.
Mississippi River Basin.—The Committee recognizes that the
Mississippi River basin from Minnesota to Louisiana is a vital
American waterway. The Committee urges the Department to par-
ticipate and coordinate as an essential federal stakeholder with the
Environmental Protection Agency on developing a Mississippi River
restoration and resiliency strategy focused on improving water
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quality, restoring habitat and natural systems, improved naviga-
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tion, eliminating aquatic invasive species, and building local resil-
ience to natural disasters.
Office of Urban Agriculture and Innovative Production.—The
Committee directs NRCS to maintain grants to support urban agri-
culture outreach and innovation and encourages NRCS to consider
expanding the number of grant programs available. To this extent,
the Committee provides an additional $7,000,000 for this office. Of
this amount, $1,000,000 is for pilot programs under section
222(d)(2) of Subtitle A of the Department of Agriculture Reorga-
nization Act of 1994, as amended by section 12302 of P.L. 115–334.
The Committee also acknowledges the need for expanded research
in support of urban agriculture in food-insecure communities. Com-
munities that lack access to fresh produce face growing epidemics
of obesity-related diseases. The Committee believes urban farming
and food production closer to the home is a viable solution to these
challenges and encourages the Department to create partnerships
and, with its extension programs, to assist urban agricultural pro-
duction.
Resource Conservation and Development Councils (RC&Ds).—The
Committee recognizes RC&Ds have been valuable partners in con-
servation and encourages NRCS to continue working with local
councils, as appropriate, to ensure conservation programs meet
local resource needs.
Sage Grouse Initiative.—The Committee supports NRCS’s sage
grouse conservation efforts. Through the initiative, NRCS provides
technical and financial assistance to help landowners conserve sage
grouse habitat on their land. The initiative is an integral part of
efforts by federal agencies, several western states, and private
landowners to help preclude the listing of the sage grouse as an en-
dangered species.
Soil Health and Food Nutrients.—The Committee understands
different regions of the country have different soil needs to opti-
mize food nutrient density. The Committee directs NRCS to con-
duct targeted regional studies on carbon capture related to nitrate
and phosphorus to the soil components in restoring regenerative
soils and their impact on nutrients in vegetables, fruits, and farm
products, particularly in agricultural regions where human health
has been placed at risk.
Soil Health on Federal Lands.—The Committee directs the Sec-
retary, in coordination with the Department of the Interior to con-
duct a study on the state of soil health on Federal lands in the
United States and provide a report on its findings 180 days after
enactment. This study should include an analysis of the impact
grazing, wildfire, recreation, and invasive species have on the soil;
and it should include recommendations for legislative or regulatory
action to improve soil health, increase carbon sequestration, and
improve community benefits of soil health programs on Federal
lands.
Soil Restoration in Watersheds.—The Committee is concerned
about soil quality near watersheds such as the Great Lakes Basin,
Salton Sea, Lake Okeechobee, and the Chesapeake Bay. Water
from these sources, used for agriculture, affects crop production
and soil health, and through groundwater and surface water run-
off, the health of the soil in turn affects adjacent water sources.
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Therefore, the Committee directs NRCS to evaluate outcomes of
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watershed and cropland projects implemented through its Con-
servation Effects Assessment Project, and report back to the Com-
mittee within 180 days of enactment on the results and effective-
ness of conservation program practices. Emphasis should be placed
on regenerative soil findings, soil health standards that can be es-
tablished, and means to improve water quality.
WATERSHED AND FLOOD PREVENTION OPERATIONS
2020 appropriation ............................................................................. $175,000,000
2021 budget estimate ......................................................................... –––
Provided in the bill ............................................................................. 155,000,000
Comparison:
2020 appropriation ...................................................................... ¥20,000,000
2021 budget estimate .................................................................. +155,000,000
COMMITTEE PROVISIONS
For the Watershed and Flood Prevention Operations, the Com-
mittee provides an appropriation of $155,000,000.
WATERSHED REHABILITATION PROGRAM
2020 appropriation ............................................................................. $10,000,000
2021 budget estimate ......................................................................... –––
Provided in the bill ............................................................................. 12,000,000
Comparison:
2020 appropriation ...................................................................... +2,000,000
2021 budget estimate .................................................................. +12,000,000
COMMITTEE PROVISIONS
For the Watershed Rehabilitation Program, the Committee pro-
vides an appropriation of $12,000,000.
CORPORATIONS
FEDERAL CROP INSURANCE CORPORATION FUND
2020 appropriation ............................................................................. $9,959,000,000
2021 budget estimate ......................................................................... 8,716,000,000
Provided in the bill ............................................................................. 8,716,000,000
Comparison:
2020 appropriation ...................................................................... ¥1,243,000,000
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For the Federal Crop Insurance Corporation Fund, the Com-
mittee provides an appropriation of such sums as may be necessary
(estimated to be $8,716,000,000 in the President’s fiscal year 2021
budget request).
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. $26,309,033,000
2021 budget estimate ......................................................................... 25,553,096,000
Provided in the bill ............................................................................. 25,553,096,000
Comparison:
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2020 appropriation ...................................................................... ¥755,937,000
2021 budget estimate .................................................................. –––
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COMMITTEE PROVISIONS
For Reimbursement for Net Realized Losses to the Commodity
Credit Corporation, the Committee provides such sums as may be
necessary to reimburse for net realized losses sustained but not
previously reimbursed (estimated to be $25,553,096,000 in the
President’s fiscal year 2021 budget request).
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
2020 limitation .................................................................................... ($5,000,000)
2021 budget estimate ......................................................................... (15,000,000)
Provided in the bill ............................................................................. (15,000,000)
Comparison:
2020 limitation ............................................................................ +10,000,000
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For Hazardous Waste Management, the Committee provides a
limitation of $15,000,000. The Committee directs the Hazardous
Materials Management Program and the Hazardous Waste Man-
agement Program to coordinate their work to ensure there is no
duplication.
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT
2020 appropriation ............................................................................. $800,000
2021 budget estimate ......................................................................... 1,036,000
Provided in the bill ............................................................................. 812,000
Comparison:
2020 appropriation ...................................................................... +12,000
2021 budget estimate .................................................................. ¥224,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Rural Development, the
Committee provides an appropriation of $812,000.
Appropriate Technology Transfer for Rural Areas (ATTRA).—The
Committee continues to support ATTRA’s work with military vet-
erans.
Climate Adaptation.—The Committee recognizes that the im-
pacts of climate change—including sea level rise and more frequent
and severe coastal hazards—pose a significant threat to infrastruc-
ture and economic development opportunities in rural communities.
Therefore, the Committee encourages Rural Development to part-
ner with USDA’s Climate Hubs to better leverage existing USDA
programs to provide resources to communities to invest in infra-
structure improvements that will enhance resilience to future im-
pacts of climate change.
Healthy Food Financing Initiative (HFFI).—HFFI, through the
National Fund Manager, invests in projects that will increase the
supply of and demand for healthy foods in underserved commu-
nities, through loans, grants, and by providing technical assistance.
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In order to improve access to healthy food, particularly in rural
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areas and Tribal communities, the Agriculture Improvement Act of
2018 expands eligible projects to include healthy food enterprises.
These food enterprises include businesses or organizations along
the food supply chain such as food hubs; food producers, distribu-
tors, processors, and manufacturers; commercial kitchens and food
business incubators; mobile markets; and other direct to consumer
markets.
High-Cost Universal Service Fund (USF) Recipients with Min-
imum 25/3 Buildout Obligations.—ReConnect funding for service
areas where High-Cost USF recipients under the CAF–II auction
have buildout obligations of 25/3 Mbps or greater for fixed terres-
trial broadband can only be requested by the entity that is receiv-
ing such USF support. Project sponsors that receive USF support
in those areas may only apply for funds that serve those areas from
the 100% loan funding category under the ReConnect Program. For
purposes of clarification, this limitation on eligibility shall only
apply to those areas (e.g., study areas or census blocks) for which
the USF CAF–II recipient is subject to a buildout obligation of
25/3 Mbps or greater for fixed terrestrial broadband.
Hub Communities.—The Committee encourages the Department
to consider the mission and scope of all program applicants, includ-
ing community colleges, hospitals and other regional public service
entities and their ability to effectively address rural depopulation
struggles. These entities are often located in regional ‘‘hub’’ com-
munities larger than the program population limits, yet without
these critical services many of the surrounding smaller towns could
not exist and prosper. The Committee encourages the Secretary to
make grants and loans available to these institutions, located in
rural areas as defined by current law, and serve rural areas.
Industrial Hemp.—The intent of Congress in Public Law 115–334
was for industrial hemp to be eligible for all USDA programs, in-
cluding Rural Development. Industrial hemp can significantly ben-
efit struggling rural economies. The Committee encourages Rural
Development to ensure that industrial hemp is eligible for all com-
petitive grant programs.
Persistent Poverty Areas.—The Committee supports targeted in-
vestments in impoverished areas, particularly in persistent poverty
counties. To understand how programs funded through the Depart-
ment are serving these areas, the Committee requested the Depart-
ment submit a report to the Committees on Appropriations of the
House and Senate on the percentage of funds allocated by each
rural development program in fiscal years 2017, 2018 and 2019 and
estimates for fiscal year 2020 serving individuals living in per-
sistent poverty counties. The Committee awaits this report.
Qualified Opportunity Zones.—The Committee recognizes that
Qualified Opportunity Zones were created to incentivize greater
private-sector investments in rural and economically distressed
communities. Given the critical role that USDA Rural Development
programs play in supporting economic development opportunities
in these communities, the Committee encourages the Under Sec-
retary for Rural Development to develop strategies to leverage ex-
isting RD resources to support greater investment in communities
located in or adjacent to a Qualified Opportunity Zone.
ReConnect Program.—The Committee provides an additional
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$990,000,000 for the ReConnect program to increase access to
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broadband connectivity in unserved and underserved rural commu-
nities, targeting areas of the country with the largest broadband
coverage gaps, including those with mountainous terrain.
Renewable Energy.—The Committee provides $10,000,000 to es-
tablish a pilot program to provide grants to support the use of re-
newable energy.
Rural Energy Savings Program (RESP).—The Committee sup-
ports RESP and the opportunity it provides to launch or expand
energy efficiency financing programs. The Committee urges the De-
partment to conduct outreach to co-ops to build awareness of the
program.
Rural Health.— The Committee encourages USDA to support de-
velopment of infectious disease prevention infrastructure in rural
communities, including by investing in infectious disease training
and supplies for rural medical providers, syringe services pro-
grams, supplies for rural community-based organizations, and mo-
bile health care delivery.
Telemedicine Services.—The Committee continues to support Dis-
tance Learning and Telemedicine and Broadband grant programs
that assist rural communities in connecting to the rest of the world
and overcoming health disparities that affect rural communities.
The Committee urges the Under Secretary for Rural Development
to continue supporting the utilization of existing telehealth net-
works to provide additional access using telemedicine through part-
nerships with hub medical centers. The Committee also encourages
focus on Tele-Emergency Medical Service and Tele-Electrocardio-
gram for use in building sustainable models for advanced critical
care in populations in rural areas by improving critical care inter-
ventional outcomes and decreasing the wait time between original
access and treatment for rural populations.
RURAL DEVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
FY 2020 enacted FY 2021 estimate Committee provision
Appropriations ................................................................................. $247,835,000 $483,480,000 $311,942,000
Transfers from:
Rural Housing Insurance Fund Program Account ................. 412,254,000 240,000,000 412,254,000
Rural Development Loan Fund Program Account .................. 4,468,000 ––– 4,468,000
Rural Electrification and Telecommunications Loan Pro-
gram Account .................................................................... 33,270,000 38,000,000 33,270,000
Total, RD Salaries and Expenses ................................. $697,827,000 $761,480,000 $761,934,000
COMMITTEE PROVISIONS
For Salaries and Expenses of the Rural Development mission
area, the Committee provides an appropriation of $311,942,000. Of
the amount provided, $30,000,000 is for the relocation of staff from
the Goodfellow location. The Committee also includes $4,000,000
for modernization of the loan origination platform (‘‘UniFi’’) and for
continued development of a modern platform for Single-Family Di-
rect Housing and $7,000,000 for the OneRD guaranteed project for
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improvement of loan origination and servicing.
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Placemaking: Revitalization of Rural Livable Places.—The Com-
mittee provides an additional $2,000,000 to expand or enhance co-
operative agreements begun in fiscal year 2020 that utilize public-
private partnerships involved in the ‘‘Placemaking Initiative’’.
Awards should take advantage of current or future highspeed
broadband investments from the Rural Utilities Service’s ReCon-
nect program. Selection criteria must include geographic and ethnic
diversity as well as such factors as the revitalization and shaping
of future town centers, community and county wellbeing and eco-
nomic vitality, and the enhancement of full community participa-
tion in creating growth strategies. Where possible, the three main
areas of Rural Development should support such efforts to help cre-
ate greater social and cultural vitality in these livable rural com-
munities. USDA shall report back to the Committee on how the
Placemaking Initiative can help develop a tool kit that will allow
other rural communities in the future to replicate the successful
drivers of making a rural place more livable.
Rural Development Staffing.—The Committee is concerned by the
pace of operations at the Rural Development (RD) state offices due
to reported staffing shortages. With authority over sizable financial
resources, these programs are uniquely poised to provide essential
services to and increase the economic competitiveness of under-
served rural areas. However, the Committee is aware that a lack
of staff at program offices has created a cyclical backlog of applica-
tions. Such delays and uncertainty deter potential applicants and
fundamentally undercut the programs’ potential impact. The Com-
mittee directs the Department to maintain support of 4,566 total
staff years.
Rural Hospitals.—Many rural hospitals have closed in recent
years, with many more vulnerable. Rural hospitals are an essential
pillar of their communities and are necessary to create the eco-
nomic growth that is direly needed in rural communities. USDA
has the experience and expertise to help struggling rural hospitals
negotiate, reorganize, and revitalize. Providing assistance to
strengthen their sustainability will protect taxpayer investments
and help preserve the future of rural health care. The Committee
includes $2,000,000 for technical assistance to vulnerable hospitals
in the Community Facilities portfolio to protect the government
funds already expended and preserve access to health care in rural
communities. In addition, where appropriate, the Committee di-
rects the Department to provide technical assistance to those hos-
pitals that seek to refinance their debt under the new provision for
refinancing certain hospital debt as authorized by Section 6103 of
the 2018 Farm Bill, in order to protect the investment of govern-
ment funds expended for this purpose.
Single Family Home Loans.—The Committee continues to pro-
vide the resources to meet demand to assist low and very low-in-
come applicants obtain decent, safe and sanitary housing in rural
areas. The Committee is aware of possible issues with small rural
communities across the country that may be ineligible for the
USDA Single-Family Housing programs because they are included
in a nearby Metropolitan Service Area (MSA). The Committee di-
rects USDA to consider a proper definition of rural, so that cities
with low populations and low incomes may be eligible for this pro-
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gram or other USDA programs that require a rural designation.
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RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
[Dollars in Thousands]
Administrative
Loan level Subsidy level expenses
2020 Appropriation ......................................................................... $25,346,000 $116,685 $412,254
2021 Budget Estimate .................................................................... 24,240,000 40,000 240,000
Provided in the Bill ......................................................................... 25,346,000 77,920 412,254
Comparison:
2020 Appropriation ................................................................ ––– ¥38,765 –––
2021 Budget Estimate ........................................................... +$1,106,000 +$37,920 +$172,254
COMMITTEE PROVISIONS
For the Rural Housing Insurance Fund program account, the
Committee provides a loan level of $25,346,000,000.
The following table reflects the loan levels for the Rural Housing
Insurance Fund program account:
[Dollars in Thousands]
FY 2020 enacted FY 2021 estimate Committee provision
Rural Housing Insurance Fund Loans
Direct ............................................................................. $1,000,000 ––– $1,000,000
Unsubsidized Guaranteed ............................................. 24,000,000 $24,000,000 24,000,000
Housing Repair (sec. 504) ..................................................... 28,000 ––– 28,000
Rental Housing (sec. 515) ..................................................... 40,000 ––– 40,000
Multi-family Guaranteed (sec. 538) ...................................... 230,000 230,000 230,000
Site Development Loans ........................................................ 5,000 ––– 5,000
Credit Sales of Acquired Property ......................................... 10,000 10,000 10,000
Self-help Housing Land Development Fund .......................... 5,000 ––– 5,000
Farm Labor Housing .............................................................. 28,000 ––– 28,000
Total, Loan Authorization .............................................. $25,346,000 $24,240,000 $25,346,000
The following table reflects the costs of loan programs under
credit reform:
ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS
[Dollars in Thousands]
FY 2020 enacted FY 2021 estimate Committee provision
Rural Housing Insurance Fund Program ............................ ............................ ............................
Account (Loan Subsidies and Grants): ............................ ............................ ............................
Single Family Housing (sec. 502): ............................ ............................ ............................
Direct ............................................................................. $90,000 ––– $33,300
Housing Repair (sec. 504) ............................................ 4,679 ––– 2,215
Rental Housing (sec. 515) ..................................................... 12,144 ––– 6,688
Multifamily Housing Revitalization ........................................ ––– 40,000 30,000
Farm Labor Housing .............................................................. 8,739 ––– 5,093
Site Development (sec. 524) ................................................. 546 ––– 355
Self-Help Land (sec. 523) ..................................................... 577 ––– 269
Total, Loan Subsidies ................................................... 116,685 40,000 77,920
Farm Labor Housing Grants .................................................. 10,000 ––– 10,000
RHIF Expenses: ....................................................................... ............................ ............................ ............................
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Administrative Expenses ............................................... $412,254 $240,000 $412,254
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RENTAL ASSISTANCE PROGRAM
2020 appropriation ............................................................................. $1,375,000,000
2021 budget estimate ......................................................................... 1,450,000,000
Provided in the bill ............................................................................. 1,450,000,000
Comparison:
2020 appropriation ...................................................................... +75,000,000
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For the Rental Assistance Program, the Committee provides a
program level of $1,450,000,000. This provides the estimated
amount to fully fund the program. This amount includes
$40,000,000 for the rural housing voucher program.
MUTUAL AND SELF HELP HOUSING GRANTS
2020 appropriation ............................................................................. $31,000,000
2021 budget estimate ......................................................................... –––
Provided in the bill ............................................................................. 31,000,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. +31,000,000
COMMITTEE PROVISIONS
For the Mutual and Self-Help Housing program, the Committee
provides an appropriation of $31,000,000.
RURAL HOUSING ASSISTANCE GRANTS
2020 appropriation ............................................................................. $45,000,000
2021 budget estimate ......................................................................... 45,000,000
Provided in the bill ............................................................................. 45,000,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For the Rural Housing Assistance Grants program, the Com-
mittee provides an appropriation of $45,000,000, including
$15,000,000 for rural housing preservation grants.
The Committee encourages USDA to consider utilizing resources
to address families or individuals that have straight-pipe septic
systems or an individual sewage treatment system that fail to meet
state or federal requirements.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. $49,000,000
2021 budget estimate ......................................................................... 60,000,000
Provided in the bill ............................................................................. 49,000,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. ¥11,000,000
COMMITTEE PROVISIONS
For the Rural Community Facilities Program Account, the Com-
mittee provides an appropriation of $49,000,000. The Committee
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does not accept the proposal to establish a cohort for ‘non-con-
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forming’ loans under the Community Facilities Direct Loan pro-
gram.
Community Facility Loans.—The Committee directs the Depart-
ment to report on the Community Facilities Direct Loan and Grant
and Community Facilities Guaranteed Loan programs portfolio
within 180 days of enactment of the bill. The report shall include
the number of approved and non-approved applications for fiscal
years 2017–2020 within the North American Industry Classifica-
tion System.
Community Facility Projects.—The Committee notes that the Ag-
riculture Improvement Act of 2018 established a selection priority
under Community Facilities loans and grants for projects that com-
bat substance use disorder in rural America. The statutory priority
emphasizes prevention, treatment, and recovery, and the Com-
mittee encourages the Department to fund community-based facili-
ties, not projects that would increase the number of jail beds in a
community.
Rural Courthouses.—The Committee recognizes the importance
of courthouses in rural impoverished communities, particularly per-
sistent poverty counties, and notes that renovation and repair of
these courthouses are an eligible activity under the Community Fa-
cilities Direct Loan and Grant program.
The following table provides the Committee’s recommendations
as compared to the budget request:
[Dollars in Thousands]
FY 2020 FY 2021 Committee
enacted estimate provision
Loan Levels:
Community Facility Direct Loans ..................................... ($2,800,000) ($2,500,000) ($2,800,000)
Community Facility Guaranteed Loans ............................ (500,000) (500,000) (500,000)
Subsidy and Grants:
Community Facility Direct Loans ..................................... ––– 20,000 –––
Community Facility Grants .............................................. 32,000 30,000 32,000
Rural Community Development Initiative ........................ 6,000 ––– 6,000
Economic Impact Initiative .............................................. 6,000 ––– 6,000
Tribal College Grants ....................................................... 5,000 10,000 5,000
Total, Rural Community Facilities Program Sub-
sidy and Grants .................................................. $49,000 $60,000 $49,000
RURAL BUSINESS COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. $66,500,000
2021 budget estimate ......................................................................... 7,400,000
Provided in the bill ............................................................................. 62,200,000
Comparison:
2020 appropriation ...................................................................... ¥4,300,000
2021 budget estimate .................................................................. +54,800,000
COMMITTEE PROVISIONS
For the Rural Business Program Account, the Committee pro-
vides an appropriation of $62,200,000. The Committee does not ac-
cept the proposed changes to the Business and Industry Guaran-
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teed Loan Program.
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The Committee provides resources to operate programs under the
Rural Business-Cooperative Service (RBS). RBS programs com-
plement lending activities of the private sector by promoting eco-
nomic prosperity in rural communities through improved access to
capital and economic development on a regional scale.
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $20,500,000 for the Busi-
ness and Industry Guaranteed Loan Program to provide up to
$1,000,000,000 in loans.
Arts in rural communities.—The Committee recognizes the valu-
able role of the arts in the economic and community development
of rural communities across the country. In providing grants and
assistance under this title, Rural Development shall continue to
support individuals, nonprofits and small businesses in the arts
through these traditional economic development tools, including
business incubators, and economic development planning and tech-
nical assistance.
The following table provides the Committee’s recommendations
as compared to the budget request:
[Dollars in Thousands]
FY 2020 FY 2021 Committee
enacted estimate provision
Loan Level:
Business and Industry Guaranteed Loans ...................... ($1,000,000) (1,500,000) (1,000,000)
Subsidy and Grants:
Business and Industry Guaranteed Loans ...................... 20,500 7,400 16,200
Rural Business Development Grants ............................... 37,000 ––– 37,000
Delta Regional Authority/Appalachian Regional Com-
mission/Northern Border Regional Commission ......... 9,000 ––– 9,000
Total, Rural Business Program Subsidy and
Grants ................................................................. $66,500 $7,400 $62,200
The following programs are included in the bill for the Rural
Business Program account: $500,000 for rural transportation tech-
nical assistance and $4,000,000 for Federally Recognized Native
American Tribes, of which $250,000 is for transportation technical
assistance.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
[Dollars in Thousands]
Loan Subsidy Administrative
level level expenses
2020 Appropriation ................................................................... $18,889 $5,219 $4,468
2021 Budget Estimate .............................................................. ––– ––– –––
Provided in the Bill ................................................................... 18,889 2,939 4,468
Comparison:
2020 Appropriation .......................................................... ––– ¥2,280 –––
2021 Budget Estimate ..................................................... +18,889 +2,939 +4,468
COMMITTEE PROVISIONS
For the Intermediary Relending Program Fund Account, the
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Committee provides for a loan level of $18,889,000.
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For the loan subsidy, the Committee provides an appropriation
of $2,939,000. In addition, the Committee provides $4,468,000 for
administrative expenses.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
2020 appropriation ............................................................................. $50,000,000
2021 budget estimate ......................................................................... –––
Provided in the bill ............................................................................. 50,000,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. +50,000,000
COMMITTEE PROVISIONS
For the Rural Economic Development Loans Program Account,
the Committee provides for a loan level of $50,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS
2020 appropriation ............................................................................. $26,600,000
2021 budget estimate ......................................................................... $3,000,000
Provided in the bill ............................................................................. 26,600,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. +23,600,000
COMMITTEE PROVISIONS
For Rural Cooperative Development Grants, the Committee pro-
vides an appropriation of $26,600,000. This total includes
$2,800,000 for a cooperative agreement for the Appropriate Tech-
nology Transfer for Rural Areas program and $12,000,000 for the
Value-added Agricultural Product Market Development Grant Pro-
gram under the Local Agriculture Market Program in the 2018
Farm Bill.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
2020 appropriation ............................................................................. $6,000,000
2021 budget estimate ......................................................................... –––
Provided in the bill ............................................................................. 6,000,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. +6,000,000
COMMITTEE PROVISIONS
For the Rural Microentrepreneur Assistance Program (RMAP),
the Committee provides an appropriation of $6,000,000. RMAP pro-
vides loans and grants to non-profit organizations, community-
based financial institutions, and local economic development coun-
cils, which in turn provide technical assistance services and
microloans to rural owner-operated small businesses and aspiring
entrepreneurs. These funds support the economic development
needs of rural communities and make up for the end of mandatory
Farm Bill funding.
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RURAL ENERGY FOR AMERICA PROGRAM
2020 appropriation ............................................................................. $706,000
2021 budget estimate ......................................................................... –––
Provided in the bill ............................................................................. 476,000
Comparison:
2020 appropriation ...................................................................... ¥230,000
2021 budget estimate .................................................................. +476,000
COMMITTEE PROVISIONS
For the Rural Energy for America Program, the Committee pro-
vides a loan level of $20,000,000 and an appropriation of $476,000
for the loan subsidy to make loans as authorized by section 9007
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107).
Renewable Technologies.—The Committee encourages the De-
partment to establish a reserve fund for under-utilized renewable
technologies.
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. $659,480,000
2021 budget estimate ......................................................................... 614,070,000
Provided in the bill ............................................................................. 610,980,000
Comparison:
2020 appropriation ...................................................................... ¥48,500,000
2021 budget estimate .................................................................. ¥3,090,000
COMMITTEE PROVISIONS
For the Rural Water and Waste Disposal Program Account, the
Committee provides an appropriation of $610,980,000. Rural areas
continue to face immense needs and challenges in attaining safe
and clean water, and this program provides targeted and coordi-
nated support for these communities and is essential for the deliv-
ery of safe, dependable and affordable water and wastewater to
rural America.
Domestic Preference.—The bill includes language specifying that
RUS’ Rural Water and Waste Disposal program account projects
utilizing iron and steel shall use iron and steel products produced
in the United States. RUS shall apply the Environmental Protec-
tion Agency’s definition of public water systems while imple-
menting the domestic preference provision.
Open Access Infrastructure.—The Committee is aware that public
entities have invested in open access fiber infrastructure that is fa-
cilitating the delivery of high-speed broadband services by licensed
telecommunications providers, including the model pioneered by
public port authorities. The Committee understands that while par-
ticular open access fiber projects may be eligible for RUS grants
and loans, more generally, there exist significant barriers to gov-
ernment backing for these types of open access investments. The
Committee believes RUS programs should support financially fea-
sible open access infrastructure projects that meet program goals.
The Committee urges RUS to ensure the agency’s criteria and ap-
plication processes provide for fair consideration of open access
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projects by accounting for the unique structures and opportunities
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such projects present in advancing broadband deployment in
unserved and underserved communities.
Sewage Management.—The Committee supports the development
of a multi-faceted solution to the problem of raw sewage discharge
in rural communities.
Technical Assistance and Training Grant Program.—The Com-
mittee provides $35,000,000 for water and waste technical assist-
ance and training grants. Up to $5,000,000 of these resources shall
be made available, on a competitive basis, to support the national
apprenticeship/workforce development program to ensure a future
pipeline of workers to provide clean and safe water for the public.
The following table provides the Committee’s recommendations
as compared to the budget request:
[Dollars in Thousands]
FY 2020 FY 2021 Committee
enacted estimate provision
Loan Levels:
Water and Waste Direct Loans .................................. ($1,400,000) ($1,270,000) ($1,400,000)
Water and Waste Guaranteed Loans ......................... (50,000) (58,333) (50,000)
Subsidy and Grants:
Direct Subsidy ............................................................ 63,840 ––– –––
Guaranteed Subsidy ................................................... 70 70 60
Water and Waste Revolving Fund ............................. 1,000 1,000 1,000
Water Well System Grants ......................................... 5,000 1,000 5,000
Grants for the Colonias and AK/HI ............................ 68,000 68,000 68,000
Water and Waste Technical Assistance Grants ........ 30,000 40,000 35,000
Circuit Rider Program ................................................ 19,570 19,000 19,570
Solid Waste Management Grants .............................. 4,000 4,000 4,000
High Energy Cost Grants ........................................... 10,000 ––– –––
Water and Waste Disposal Grants ............................ 443,000 463,350 463,350
306A(i)(2) Grants ....................................................... 15,000 15,000 15,000
Emergency Community Water .................................... ––– 2,650 –––
Total, Subsidies and Grants ............................. $659,480 $614,070 $610,980
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
[Dollars in Thousands]
Loan level Subsidy Administrative
level expenses
2020 Appropriation ............................................................. $6,940,000 $3,795 $33,270
2021 Budget Estimate ........................................................ 6,190,000 4,554 38,000
Provided in the Bill ............................................................. 6,940,000 2,277 33,270
Comparison:
2020 Appropriation .................................................... ––– ¥1,518 –––
2021 Budget Estimate ............................................... +750,000 ¥2,277 ¥4,730
COMMITTEE PROVISIONS
For the Rural Electrification and Telecommunications Loans Pro-
gram Account, the Committee provides a loan level of
$6,940,000,000. In addition, the Committee provides $33,270,000
for administrative expenses.
The following table reflects the loan levels for the Rural Elec-
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trification and Telecommunications Loans Program Account:
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[Dollars in Thousands]
FY 2020 FY 2021 Committee
enacted estimate provision
Loan Authorizations:
Electric:
Direct, FFB ............................................................................................... $5,500,000 $5,500,000 $5,500,000
Guaranteed Underwriting ......................................................................... 750,000 ––– 750,000
Subtotal ........................................................................................... 6,250,000 5,500,000 6,250,000
Telecommunications:
Direct, Treasury Rate ............................................................................... 345,000 690,000 345,000
Direct, FFB ............................................................................................... 345,000 ––– 345,000
Total, Loan Authorizations .............................................................. $6,940,000 $6,190,000 $6,940,000
BROADBAND PROGRAM
[Dollars in Thousands]
FY 2020 FY 2021 Committee
enacted estimate provision
Broadband Program:
Loan Authorization ................................................................................... $11,179 ––– $11,179
Loan Subsidy ............................................................................................ 2,000 ––– 1,884
Grants ...................................................................................................... 35,000 30,000 35,000
Distance Learning and Telemedicine:
Grants ...................................................................................................... 50,000 44,000 50,000
Total, Loan Subsidy and Grants ..................................................... $87,000 $74,000 $86,884
COMMITTEE PROVISIONS
For the Broadband Program, the Committee provides an appro-
priation of $1,884,000 for a loan authorization level of $11,179,000.
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $100,000,000 for the Re-
Connect Loan and Grant Program and $25,000,000 for Distance
Learning and Telemedicine Grants to prevent, prepare for, and re-
spond to coronavirus, domestically or internationally.
Broadband Mapping.—The Committee recognizes the Depart-
ment’s active engagement on accurate mapping, but still has con-
cerns about maps produced by the Federal Communications Com-
mission (FCC) to determine eligibility for broadband programs.
These maps may be outdated and do not use the most accurate and
granular data available. This puts rural communities at a dis-
advantage, as applicants are unable to qualify for grants and loans
when these maps show their community, farm, or business has ac-
cess to a level of service that they in fact do not. Until Congress
and the FCC are able to produce higher quality maps, the Com-
mittee encourages USDA to explore alternative map options which
use more accurate information to determine eligibility. The Com-
mittee also encourages the Department to conduct a study of how
it can improve its eligibility standards to accurately reflect the
availability of broadband service in the applicant’s proposed service
area in order to fairly and effectively determine eligibility for any
loans, grants, or other USDA programs.
Broadband Technologies.—The Committee expects broadband in-
vestments that utilize varying broadband technologies to maximize
coverage of broadband with the most benefit to taxpayers and the
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rural communities served. The Department shall submit a report
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to the Committees on Appropriations of the House and Senate no
later than 180 days from enactment of the bill detailing the
progress of the ReConnect program, including technologies used
and communities served.
Indian Country Broadband.—The Committee urges the USDA to
responsibly and efficiently take action to increase access to
broadband on rural Tribal lands and supports consultation with
federally recognized Indian Tribes, Alaska Native villages and cor-
porations, and entities related to Hawaiian homelands.
Precision Agriculture.—The Committee encourages the Depart-
ment to identify opportunities for public-private partnerships to ad-
dress the scale of the challenge of broadband infrastructure and
Next Generation Precision Agriculture technology deployment. The
Committee also directs the Secretary to publish a report on their
efforts to aggregate local initiatives and private partnerships in
order to develop the best strategies, and the most effective strate-
gies used by rural communities to deploy internet infrastructure.
ReConnect Participation.—The Committee notes that in admin-
istering the pilot program established by section 779 of division A
of the Consolidated Appropriations Act, 2018 (Public Law 115–141),
the Secretary of Agriculture shall, for purposes of determining enti-
ties eligible to receive assistance, allow entities using any form of
corporate organization to apply, including partnerships of corpora-
tions or other properly organized entities. Additionally, the Depart-
ment shall permit awardees flexibility to offer service to end-users
through affiliates, where doing so would facilitate completion of the
funded projects, provided that the federal interest in the funded fa-
cilities is adequately secured, whether through a lien, a letter of
credit, a right to recoup payments (in the case of awardees the Sec-
retary deems to be low-risk), or some alternate security.
Telehealth Technologies.—The Committee directs USDA to de-
velop strategies that utilize telehealth technologies to improve the
care of our rural seniors, expectant mothers and infants.
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION, AND
CONSUMER SERVICES
2020 appropriation ............................................................................. $800,000
2021 budget estimate ......................................................................... 813,000
Provided in the bill ............................................................................. 809,000
Comparison:
2020 appropriation ...................................................................... +9,000
2021 budget estimate .................................................................. ¥4,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food, Nutrition, and
Consumer Services, the Committee provides an appropriation of
$809,000.
Dietary Guidelines for Americans.—The Committee reminds
USDA and HHS of the importance of a transparent process and the
use of strong evidence-based science when formulating the 2020 Di-
etary Guidelines for Americans (DGA). It is critical that the mem-
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bers of the advisory committee remain unbiased in their review of
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science and consider all relevant, evidence-based science available
through the 2020 DGA process.
Farmers’ Market Nutrition Programs.—The Committee recog-
nizes the success of the Senior Farmers’ Market Nutrition Program
(SFMNP) and the WIC Farmers’ Market Nutrition Program
(FMNP). The Committee directs FNS to research the backlog of
states requesting SFMNP and FMNP funding and to deliver their
findings to the Committees within 180 days of enactment.
Food Recovery.—The Committee recognizes the importance of
preventing edible food from going to waste and encourages FNS to
make The Emergency Food Assistance Program (TEFAP) State
agencies aware of ways in which TEFAP can be leveraged to sup-
port food recovery efforts, including ensuring that TEFAP State
agencies know that TEFAP administrative funds can be used for
costs related to picking up and delivering privately donated foods.
This will assist by encouraging and strengthening efforts to provide
food to underserved regions.
Local Food.—The Committee recognizes the growing demand for
locally and regionally produced food. The Committee encourages all
nutrition programs, to the extent possible, to engage local agri-
culture producers to enhance small farmers and regional producers.
National Waivers.—The Committee urges the Secretary of Agri-
culture to issue a nationwide waiver as soon as possible that ex-
tends the current Area Eligibility and Non-Congregate Feeding
waivers and allows school districts to use Summer Foodservice Pro-
gram and the Seamless Summer Option regulations for the dura-
tion of the 2020–2021 school year.
Public Release of Information.—The Committee directs FNS to
continue making all policy documents related to the WIC program
(including, but not limited to, instructions, memoranda, guidance,
and questions and answers) available to the public on the Internet
within one week of their release to WIC state administrators.
Supplemental Nutrition Assistance Program (SNAP).—The Com-
mittee remains aware of the challenges people face when
transitioning out of incarceration, including finding employment.
Access to nutrition assistance is critical to successfully reentering
society as it offers temporary assistance to ex-offenders as they
search for stable employment. The Committee continues to direct
the Department to research and report ways states, especially
those who have lifted or modified the SNAP drug felony ban, can
best serve this population, such as but not limited to pre-release
applications for SNAP and employment and training programs for
this population and make such findings available online for the
public to utilize.
FOOD AND NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. $23,615,098,000
2021 budget estimate ......................................................................... 25,040,911,000
Provided in the bill ............................................................................. 25,131,440,000
Comparison:
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2020 appropriation ...................................................................... +1,516,342,000
2021 budget estimate .................................................................. +90,529,000
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COMMITTEE PROVISIONS
For the Child Nutrition Programs, the Committee provides
$25,131,440,000, which includes $35,000,000 for school meals
equipment grants, $50,000,000 for the Summer Electronic Benefits
Transfer (EBT) for Children Demonstration, and $1,000,000 for
technical assistance related to sodium.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116–136) included $8,800,000,000 for Child Nutrition
Programs to prevent, prepare for, and respond to coronavirus, do-
mestically or internationally.
Added Sugars in School Meals.—Within one year of enactment,
the Committee requests a report posted publicly on FNS’s website
on the amount of added sugars in school meals, based on the most
recent existing data. Specifically, the Committee is interested in
the proportion of meals and competitive foods that would meet an
added sugar standard consistent with the 2015–2020 Dietary
Guidelines for Americans that no more than 10 percent of calories
from the meal or competitive food item come from added sugars.
Cost of School Meals.—The Committee reminds FNS that it is in-
terested in understanding the cost of school meals in Guam, Amer-
ican Samoa, Puerto Rico, the Virgin Islands, and the Common-
wealth of the Northern Mariana Islands. It directs FNS to include
all territories, including those that receive block grants, in any
studies it does on the Child Nutrition Programs.
Cost of School Meals in Alaska and Hawaii.—The Committee di-
rects the USDA to update its 1979 calculation of the national aver-
age payment adjustments in Alaska and Hawaii, which was re-
quired in P.L. 96–627, to reflect the 2021 cost of producing a school
lunch and a school breakfast.
Lead in Water.—The Committee recognizes that communities
across the nation struggle with water access, affordability, and
quality, which can exacerbate nutritional deficiencies. The Com-
mittee recognizes good nutrition can help prevent or minimize the
absorption of lead in the body and encourages USDA to improve ac-
cess to nutritional resources in communities facing lead contamina-
tion in their water.
Length of School Meals.—The Committee is aware that providing
adequate time to eat healthy school meals increases the consump-
tion of fruits and vegetables and minimizes food waste. The Com-
mittee encourages the Department to work with the Department of
Education to help develop materials encouraging adequate meal-
times.
Local Food in the National School Lunch Program (NSLP).—The
Committee recognizes the NSLP could do more to support local
economies and businesses through increased participation with
local producers and encourages efforts to increase local food pur-
chases for the NSLP sourced from in-state or geographically local
growers and producers.
Nutrition Guidelines for Older Adults.—The Committee recog-
nizes that more resources are needed to support the older adult day
care component of the Child and Adult Care Food Program
(CACFP). The Committee directs the Administrator of the Food
and Nutrition Service (FNS) to take steps to better disseminate ex-
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isting information that could help state and local entities involved
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in providing CACFP meals meet the varying nutritional needs of
older adult participants, as well as to continue to identify addi-
tional promising practices or other information on meal accom-
modations to share with CACFP entities. The Committee directs
the FNS Administrator to report on its progress to the Senate and
House Appropriations Committees within 180 days of enactment of
this Act.
Nutrition Innovation and Support.—The Committee recognizes
that consistent access to fresh and nutritious food is vital to chil-
dren’s health and development. The Committee encourages the Sec-
retary to provide technical assistance to States pursuing efficient,
flexible, innovative, and data informed delivery models within the
Summer Food Service Program. The Committee also encourages
the Secretary to provide technical assistance to schools in pre-
paring fresh fruits and vegetables.
Pulse Crop Products Program.—Adding more pulse crops in the
school meal programs may provide a high quality, affordable, and
versatile source of nutrition for our children. The Committee en-
courages FNS to build greater awareness in the number and vari-
ety of pulse crop products and pulse ingredients available and
served to children in school.
School Breakfast Expansion Grants.—The Committee remains
concerned that while participation in the School Breakfast Program
is increasing, many children who are eligible for the School Break-
fast Program are not participating. Therefore, the Committee pro-
vides $15,000,000 for grants for expansion of the School Breakfast
Program, of which $2,000,000 is dedicated to the U.S. territories.
School Nutrition Standards.—Within 120 days of enactment, the
Committee directs the Department to publish on its website data
on the compliance of school food authorities with respect to the nu-
tritional requirements under section 9(f) of the Richard B. Russell
National School Lunch Act. The data reported should include the
total number of school food authorities in each state, the number
of school food authorities in compliance with the requirements, and
the percentage of school food authorities in compliance with the re-
quirements by state.
Sodium Reduction.—The Committee recognizes the need for ad-
ditional support for schools to meet the sodium-reduction targets
and, of the funds made available for Team Nutrition, provides
$1,000,000 for technical assistance. Within one year of enactment,
the Committee requests a report to be publicly posted on the agen-
cy’s website on the use of the funds to provide schools with tech-
nical assistance, training resources, and mentoring to meet the so-
dium-reduction targets. Further, the Committee requests informa-
tion on USDA’s plans to update the sodium-reduction targets con-
sistent with the 2020 Dietary Guidelines for Americans rec-
ommendations on sodium. The Committee strongly encourages
USDA to work with industry and other stakeholders to ensure
there is a wide variety of lower-sodium options on the market from
which schools can procure.
Summer EBT.—The Committee recognizes the benefits the Sum-
mer Electronic Benefits Transfer (EBT) program has had on reduc-
ing childhood hunger. The Committee provides increased funding to
serve more children and directs the Department to expand the
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Summer EBT program into new areas while also continuing to
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71
serve areas that have received such funding in prior years. The
Committee encourages the Secretary to prioritize Summer EBT
projects through the SNAP model because this model has been
shown to have higher levels of participation and benefit redemption
among children included in the demonstration.
Team Nutrition.—The Committee supports the promotion of nu-
tritional health of school children by establishing team nutrition
networks to promote physical fitness awareness and obesity pre-
vention programs, and to establish programs such as school gar-
dens. The Committee directs the Secretary to submit a report no
later than 180 days after the enactment of this Act on the pro-
gram’s impact on physical wellness, environmental awareness, and
nutrition.
Training for School Food Service Personnel.—The Committee rec-
ognizes the value of webinars, conference calls, and online courses
in expanding the reach of trainings for school food service per-
sonnel. For any in-person trainings for school food service per-
sonnel, all efforts should be made to ensure those trainings are
held during normal working hours and in the event such a training
is scheduled outside working hours, all efforts should be made to
inform food service personnel of the necessity of the training.
Yogurt.—The Committee is aware that after soliciting Requests
for Information on the food crediting system for the school lunch
and breakfast programs, FNS decided to maintain the current cred-
iting standard for strained, high-protein yogurt. The Committee en-
courages the Secretary to continue evaluating how strained, high
protein yogurt is credited based on the best available science and
provide an update to the Committee.
The following table reflects the Committee recommendations for
the child nutrition programs:
[Dollars in Thousands]
Child Nutrition Programs:
School Lunch Program .......................................................................................................................... $13,539,797
School Breakfast Program ..................................................................................................................... 5,039,086
Child and Adult Care Food Program ..................................................................................................... 4,015,116
Summer Food Service Program ............................................................................................................. 551,944
Special Milk Program ............................................................................................................................ 7,309
State Administrative Expenses .............................................................................................................. 317,044
Commodity Procurement ........................................................................................................................ 1,460,769
Food Safety Education ........................................................................................................................... 2,988
Coordinated Review ............................................................................................................................... 10,000
Computer Support and Processing ....................................................................................................... 19,366
Training and Technical Assistance ....................................................................................................... 34,214
CNP Studies and Evaluations ............................................................................................................... 15,299
CN Payment Accuracy ........................................................................................................................... 11,427
Farm to School Team ............................................................................................................................ 4,077
Team Nutrition ....................................................................................................................................... 18,004
School Meals Equipment Grants ........................................................................................................... 35,000
Summer EBT Demonstration ................................................................................................................. 50,000
Total .............................................................................................................................................. 25,131,440
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SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
2020 appropriation ............................................................................. $6,000,000,000
2021 budget estimate ......................................................................... 5,451,501,000
Provided in the bill ............................................................................. 5,750,000,000
Comparison:
2020 appropriation ...................................................................... ¥250,000,000
2021 budget estimate .................................................................. +298,499,000
COMMITTEE PROVISIONS
For the Special Supplemental Nutrition Program for Women, In-
fants, and Children, the Committee provides an appropriation of
$5,750,000,000. The Committee provides $90,000,000 for the
breastfeeding peer counselor program and $14,000,000 for infra-
structure.
The Families First Coronavirus Response Act (P.L. 116–127) in-
cluded $500,000,000 for the Special Supplemental Nutrition Pro-
gram for Women, Infants, and Children program.
USDA data shows that WIC participation rates have decreased
steadily since fiscal year 2010. The President’s budget request in-
cludes a projection of an average monthly participation rate of 6.2
million women, infants, and children for fiscal year 2021.
USDA is estimating recovery and carryover funds to be higher
than average. Furthermore, the Secretary has a WIC contingency
reserve fund as a safety net to meet unexpected demand. With
lower participation rates, higher carryover funds, and an ample re-
serve fund, the Committee provides funding that will ensure all eli-
gible participants will be served. Further, the Committee notes
that any unspent funds from the Families First Coronavirus Re-
sponse Act would be available for use in meeting fiscal year 2021
needs.
The Committee recognizes that, due to COVID–19, funding needs
might change before the final 2021 bill is enacted. The Committee
is steadfast in its commitment to fully fund WIC and will continue
to monitor WIC participation, the status of funds appropriated in
the Families First Coronavirus Response Act, carryover funds, and
food costs, and it will take additional action as necessary to ensure
that funding provided in fiscal year 2021 remains sufficient to
serve all eligible applicants.
Breastfeeding Rates.—The Committee is interested in under-
standing how to improve breastfeeding rates, especially as higher
rates have been linked to lower childhood obesity. The Committee
also recognizes that there are many barriers to breastfeeding as de-
tailed in CDC’s 2018 Breastfeeding Report Card. Each year, FNS
awards some state agencies bonus awards for their successful ef-
forts in promoting and supporting breastfeeding among WIC par-
ticipants. The Committee directs FNS to review the work of award-
ees from previous years to look for commonalities and trends.
COVID–19 Outreach and Education.—The Committee encourages
the Department, through the WIC program, to share education and
outreach materials which provide guidance to pregnant women on
the effects and management of COVID–19.
Maternal Mortality Data.—The Committee directs the Secretary
to conduct a review of existing evidence and develop a plan to build
evidence on the impact of the WIC Program on reducing maternal
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mortality among specific populations of mothers with the highest
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maternal mortality rates in the U.S., which includes African Amer-
ican, Native Hawaiian/Pacific Islander, and Indigenous (American
Indian and Alaskan Native) mothers. An emphasis should be
placed on the needs of disadvantaged communities of color. Within
180 days of the enactment of this Act, the USDA shall submit to
the Committee a report setting forth a timeline and process for re-
viewing existing evidence, building new evidence, and analyzing
data, disaggregated by race and ethnicity, for all the main cat-
egories of indicators tracked, and for publishing an annual, publicly
available report describing the methodology and the results of the
analysis as well as a summary of the data.
WIC Food Package.—The Committee recognizes that up-to-date
food packages, comprised of a diversity of foods and reflective of
community preferences results in women and children consuming
healthy diets. The Committee encourages the Secretary to propose
updates not less than eighteen months following the scientific re-
view of the WIC food package options.
WIC Study.—The Committee directs FNS to publish state level
estimates of the percentage of pregnant women, infants, and chil-
dren under 5 participating in the Supplemental Nutrition Assist-
ance Program under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.) but not in this program and the percentage of preg-
nant women, infants, and children up to age 5 participating in the
Medicaid program (42 U.S.C. 1396 et seq.) with income less than
the limit in section 17(d)(2)(A)(i) of the Child Nutrition Act of 1966
but not in this program.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
2020 appropriation ............................................................................. $67,886,285,000
2021 budget estimate ......................................................................... 68,281,364,000
Provided in the bill ............................................................................. 68,277,362,000
Comparison:
2020 appropriation ...................................................................... +391,077,000
2021 budget estimate .................................................................. ¥4,002,000
COMMITTEE PROVISIONS
For the Supplemental Nutrition Assistance Program, the Com-
mittee provides $68,277,362,000. The total amount includes
$3,000,000,000 for a contingency reserve to be used only in the
amount necessary.
In addition, the Families First Coronavirus Response Act (P.L.
116–127) included $100,000,000 to provide nutrition assistance
grants to Puerto Rico, American Samoa, and the Commonwealth of
the Northern Mariana Islands, and $400,000,000 for the Emer-
gency Food Assistance Program (TEFAP) to prevent, prepare for,
and respond to coronavirus.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116–136) included $15,500,000,000 in additional funding
for SNAP, $450,000,000 for TEFAP, $200,000,000 to provide nutri-
tion assistance grants to Puerto Rico, American Samoa, and the
Commonwealth of the Northern Mariana Islands, and $100,000,000
in additional funding for the Food Distribution Program on Indian
Reservations to prevent, prepare for, and respond to coronavirus
domestically or internationally.
The President’s budget request includes a projection of an aver-
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age monthly participation rate of 37.2 million participants for fiscal
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74
year 2021. Due to COVID–19, the Committee is aware this projec-
tion will likely change and is dedicated to fully funding SNAP.
The Committee strongly condemns USDA’s continued efforts to
restrict access and limit eligibility for SNAP. The Committee recog-
nizes SNAP is one of the most effective forms of economic stimulus
and is dedicated to removing barriers to participation. Thus, the
Committee includes bill language to block the Able-Bodied Adults
Without Dependents rule (ABAWD) and the Standard Utility Al-
lowance rule (SUA), and strongly encourages the Secretary to with-
draw the Broad-Based Categorical Eligibility rule (BBCE). These
three rules would take away SNAP benefits from nearly 4 million
people and the Committee believes this will worsen the unprece-
dented economic uncertainty among our nation’s most vulnerable
populations.
College Hunger.—The Committee remains concerned that SNAP-
eligible students who are food-insecure lack proper information
about resources available to them. The Committee continues to di-
rect FNS to make information available on its website regarding
student SNAP eligibility requirements easier to understand and
more accessible. The Committee further directs FNS regional of-
fices to collect and review information about existing SNAP flexi-
bilities and examples of approaches state SNAP agencies are tak-
ing to assist eligible college students to access SNAP benefits and
share such information with state SNAP agencies. It also directs
the Secretary to work with the Department of Education to share
these best practices with higher education institutions. Finally, it
directs USDA to develop and submit to the Committee a funding
proposal to address college hunger, especially at the community col-
lege level.
Food Distribution Program on Indian Reservations (FDPIR) Dem-
onstration Project for Tribal Organizations.—The Committee con-
tinues to support FDPIR and the ability of tribal organizations to
enter into 638 self-determination contracts for the procurement of
FDPIR foods, which would promote tribal sovereignty and allow
tailoring of this vital program to meet specific tribal cultural and
local needs. The Committee provides $3,000,000 for the 638 Tribal
Self Governance Demonstration Program for Tribal Organizations
as described in Section 4003 of P.L. 115–334. The Committee en-
courages FNS, in collaboration with AMS, to provide information to
the FDPIR community on how tribal vendors can sell foods to
USDA for use in food distribution programs. The Secretary is di-
rected to notify the Committee of the Department’s efforts to en-
gage tribes in the demonstration program and tribal participation
in fiscal year 2020.
Nutrition Assistance Program (NAP) Transparency.—The Com-
mittee recognizes the importance of transparency and data avail-
ability for Puerto Rico’s Nutrition Assistance Program (NAP). The
Committee continues to direct the Secretary to publish information
regarding monthly enrollment, issuance data and the Common-
wealth’s State Plan of Operations for NAP on the Department’s
web site.
SNAP Payment Integrity.—The Committee directs the Secretary
to continue reviewing and evaluating the verification process of
earned income at certification and recertification of applicant
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households for the SNAP program using electronic data matching.
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The fiscal year 2020 Bill provided $2,000,000 for this purpose and
the Committee looks forwarding to reviewing the results of the
evaluation.
The following table reflects the Committee recommendations for
SNAP:
[Dollars in Thousands]
Supplemental Nutrition Assistance Program Account:
Benefits ................................................................................................................................................. $56,152,245
Contingency Reserve ............................................................................................................................. 3,000,000
Administrative Costs:
State Administrative Costs ................................................................................................................... 5,313,427
Nutrition Education and Obesity Prevention Grant Program ................................................................ 448,000
Employment and Training ..................................................................................................................... 625,778
Mandatory Other Program Costs ........................................................................................................... 278,934
Discretionary Other Program Costs ....................................................................................................... 998
Administrative Subtotal ................................................................................................................ 6,667,137
Nutrition Assistance for Puerto Rico (NAP) .......................................................................................... 1,971,415
American Samoa ................................................................................................................................... 7,917
Food Distribution Program on Indian Reservations .............................................................................. 134,000
TEFAP Commodities ............................................................................................................................... 322,500
Commonwealth of the Northern Mariana Islands ................................................................................. 12,148
Community Food Project ........................................................................................................................ 5,000
Program Access ..................................................................................................................................... 5,000
Subtotal ........................................................................................................................................ 2,457,980
Total ..................................................................................................................................... $68,277,362
COMMODITY ASSISTANCE PROGRAM
2020 appropriation ............................................................................. $344,248,000
2021 budget estimate ......................................................................... 80,700,000
Provided in the bill ............................................................................. 390,700,000
Comparison:
2020 appropriation ...................................................................... +46,452,000
2021 budget estimate .................................................................. +310,000,000
COMMITTEE PROVISIONS
The Committee provides an appropriation of $390,700,000 for the
Commodity Assistance Program. The recommended funding level
for the Commodity Supplemental Food Program is $290,000,000.
The Committee recognizes the importance of the CSFP, which im-
proves the health of low-income elderly persons at least 60 years
of age by supplementing their diets with nutritious foods. The
amount provided fully funds expected caseload.
The Committee recommendation includes $20,000,000 for the
Farmers’ Market Nutrition Program, an increase of $1,452,000, and
maintains the 2020 levels of $79,630,000 for administrative fund-
ing for The Emergency Food Assistance Program (TEFAP) and
$1,070,000 for the Food Donations Programs for Pacific Island As-
sistance.
TEFAP Handling and Distribution Costs.—In addition to grant
funds supporting commodity handling and distribution costs, the
bill permits states to use up to 20 percent of the funds provided
for purchasing TEFAP commodities to help with the costs of stor-
ing, transporting, and distributing commodities. The Committee ex-
pects state agencies to consult with their emergency feeding organi-
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zations on the need for the conversion of such funds.
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NUTRITION PROGRAMS ADMINISTRATION
2020 appropriation ............................................................................. $155,891,000
2021 budget estimate ......................................................................... 155,251,000
Provided in the bill ............................................................................. 156,368,000
Comparison:
2020 appropriation ...................................................................... +477,000
2021 budget estimate .................................................................. +1,117,000
COMMITTEE PROVISIONS
For Nutrition Programs Administration, the Committee provides
$156,368,000, including $2,000,000 to continue the Congressional
Hunger Center Fellows Program.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR TRADE AND FOREIGN
AGRICULTURAL AFFAIRS
2020 appropriation ............................................................................. $875,000
2021 budget estimate ......................................................................... 891,000
Provided in the bill ............................................................................. 887,000
Comparison:
2020 appropriation ...................................................................... +12,000
2021 budget estimate .................................................................. ¥4,000
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Trade and Foreign Ag-
ricultural Affairs, the Committee provides an appropriation of
$887,000.
Program Flexibilities.—The Committee supports expanding the
utilization of various modalities, including vouchers, monetary
transfers, and locally and regionally procured assistance, in addi-
tion to in-kind contributions from the United States, in order to ad-
dress hunger and assist those in emergency situations around the
globe with the most appropriate, efficient, and timely means avail-
able. The Committee recognizes that protocols are in place to assist
in determining which modality response is most appropriate for
each situation. This modality decision tool incorporates factors such
as market suitability, context-specific restraints to success and
identified objectives, and cost efficiency. Given the level and scale
of complex international humanitarian disasters, and the fact that
population needs and contexts differ widely among crises, the Com-
mittee encourages the Department to utilize whatever modality re-
sponses are most appropriate, including use of local or regional pro-
curement, cash transfers, vouchers, and in-kind contributions from
the United States.
OFFICE OF CODEX ALIMENTARIUS
2020 appropriation ............................................................................. $4,775,000
2021 budget estimate ......................................................................... 4,817,000
Provided in the bill ............................................................................. 4,805,000
Comparison:
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2020 appropriation ...................................................................... +30,000
2021 budget estimate .................................................................. ¥12,000
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77
COMMITTEE PROVISIONS
For the Office of Codex Alimentarius, the Committee provides an
appropriation of $4,805,000.
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Transfer from export
Appropriation Total
loan account
2020 appropriation .................................................................. $215,513,000 $6,063,000 $221,576,000
2021 budget estimate .............................................................. 193,703,000 6,063,000 199,766,000
Provided in the bill ................................................................... 222,243,000 6,063,000 228,306,000
Comparison:
2020 appropriation .......................................................... +6,730,000 ––– +6,730,000
2021 budget estimate ..................................................... +28,540,000 ––– +28,540,000
COMMITTEE PROVISIONS
For the Foreign Agricultural Service, the Committee provides an
appropriation of $222,243,000 and a transfer of $6,063,000 for a
total appropriation of $228,306,000.
The Committee provides increases in funding of $1,540,000 for
International Cooperative Administrative Support Services,
$258,000 for Capital Security Cost Sharing, $2,500,000 for locally
employed staff, $727,000 for rightsizing, and $1,705,000 for pay
and retirement contributions.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116 136) included $4,000,000 to relocate FAS employees
and their dependents from overseas.
Farmer-to-Farmer.—The Committee notes that last year’s House
report directed USDA to provide a briefing to the Committee on
how USDA can maximize its participation in the John Ogonowski
and Doug Bereuter Farmer-to-Farmer program (Farmer-to-Farm-
er). As part of the brief, the Committee directs USDA to include
a list of recommendations for how to enhance its participation in
Farmer-to-Farmer, including a discussion of how Farmer-to-Farmer
can work collaboratively with other USDA-funded programs such
as 4–H, the Cooperative Extension System, the McGovern-Dole
International Food for Education and Child Nutrition Program, and
other government agencies such as U.S. Fish and Wildlife Service.
In addition, the Committee directs USAID to coordinate with
USDA on incorporating the role of the agricultural officer to maxi-
mize the efficacy of the Farmer-to-Farmer program.
International Agricultural Education Fellowship.—The Com-
mittee provides $1,000,000 for this program as authorized in the
2018 Farm Bill. The Committee notes that last year’s House Report
directed USDA to brief the Committees on how the International
Agricultural Education Fellowship program will work in collabora-
tion with other ongoing Foreign Agricultural service program to
achieve USDA’s goals. The Committee expects this brief to also in-
clude a discussion of how this program will work in collaboration
with other USDA-funded programs such as 4–H, the Cooperative
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Extension System, the McGovern-Dole International Food for Edu-
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cation and Child Nutrition Program, and other government agen-
cies such as U.S. Fish and Wildlife Service.
Technical Assistance.—The Committee recognizes the challenge
of global hunger and the need to improve the delivery of assistance
to meet food security requirements and to improve nutritional
standards for underserved populations. The Committee encourages
the Department to provide technical assistance to international en-
tities and organizations that develop and improve food and nutri-
tion safety net systems. The Committee directs the Department to
provide to the Committees on Appropriations of both Houses of
Congress, not later than 180 days, after the enactment of this Act
a briefing on its ongoing and previous technical assistance efforts
described above.
U.S.-Central America, Mexico Cooperation.—The Committee di-
rects FAS to work with its counterparts in Central America and
Mexico to develop agricultural working groups focused on improv-
ing the efficiency of the agricultural inspection process and agricul-
tural trade facilitation issues. In addition, FAS shall use existing
programs for academic exchanges in agriculture-related fields of
study in this region. The Committee notes that last year’s House
Report directed the Department to brief the Committees on these
efforts. The Committee looks forward to receiving this report.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS
PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
2020 appropriation ............................................................................. $142,000
2021 budget estimate ......................................................................... 112,000
Provided in the bill ............................................................................. 112,000
Comparison:
2020 appropriation ...................................................................... ¥30,000
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For administrative expenses to carry out the credit program of
Food for Peace Title I, Food for Peace Act, and the Food for
Progress Act, the Committee provides an appropriation of $112,000.
FOOD FOR PEACE TITLE II GRANTS
2020 appropriation ............................................................................. $1,725,000,000
2021 budget estimate ......................................................................... –––
Provided in the bill ............................................................................. 1,775,000,000
Comparison:
2020 appropriation ...................................................................... +50,000,000
2021 budget estimate .................................................................. +1,775,000,000
COMMITTEE PROVISIONS
For Food for Peace Title II grants, the Committee provides
$1,775,000,000.
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MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS
2020 appropriation ............................................................................. $220,000,000
2021 budget estimate ......................................................................... –––
Provided in the bill ............................................................................. 235,000,000
Comparison:
2020 appropriation ...................................................................... +15,000,000
2021 budget estimate .................................................................. +235,000,000
COMMITTEE PROVISIONS
For McGovern-Dole International Food for Education and Child
Nutrition Program Grants (‘‘McGovern-Dole’’), the Committee pro-
vides an appropriation of $235,000,000.
Nutrition Targets.—The Committee directs the Department to
submit to the Committees on Appropriations of both Houses of
Congress not later than 180 days after the enactment of this Act
a report on nutrition outcomes achieved by the McGovern-Dole pro-
gram.
School Year Considerations.—The Committee recognizes the im-
portance of making McGovern-Dole program assistance available at
the start of the school term and encourages the Department to take
special efforts to ensure school feeding programs and the school
year begin together.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
2020 appropriation ............................................................................. $6,381,000
2021 budget estimate ......................................................................... 6,381,000
Provided in the bill ............................................................................. 6,381,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For administrative expenses of the Commodity Credit Corpora-
tion Export Loans Credit Guarantee Program Account, the Com-
mittee provides an appropriation of $6,381,000.
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TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
[Dollars in Thousands]
Appropriation User fees Total, FDA S&E
2020 Appropriation ........................................................................................... $3,159,678 $2,612,764 $5,772,442
2021 Budget Estimate ...................................................................................... 3,206,564 2,690,735 5,897,299
Provided in the bill ........................................................................................... 3,200,506 2,690,735 5,891,241
Comparison:
2020 Appropriation .................................................................................. +40,828 +77,971 +118,799
2021 Budget Estimate ............................................................................. ¥6,058 ––– ¥6,058
The Committee provides an appropriation of $3,200,506,000 in
new budget authority for the FDA. In addition, the Committee rec-
ommends the following user fee amounts: $1,119,188,000—prescrip-
tion drugs; $238,595,000—medical devices; $526,039,000—human
generic drugs; $42,998,000—biosimilar biologicals; $31,306,000—
animal drugs; $20,609,000—animal generic drugs; and
$712,000,000—tobacco products.
The combination of new budget authority and definite user fees
provides the FDA with a total discretionary salaries and expenses
level of $5,891,241,000. This total does not include permanent, in-
definite user fees for: the Mammography Quality Standards Act;
Export Certification; Priority Review Vouchers for Pediatric Dis-
ease; Food and Feed Recall; Food Reinspection; Voluntary Qualified
Importer Program; Third-Party Auditor Program; Outsourcing Fa-
cilities; and Over-the-Counter Monograph.
The Committee recommendation includes a net increase of
$40,828,000, including increases for the following programs or ini-
tiatives: Strengthening Response Capabilities for Foodborne Out-
breaks; Cannabis and Cannabis Derivatives; Artificial Intelligence
and Other Emerging Technologies; Transform Medical Device Safe-
ty, Cybersecurity, Review, and Innovation; Compounding; and Mod-
ernizing Influenza Vaccines.
The Committee recommendation does not include proposed user
fees that are not authorized.
Because it was not in the budget request, the Committee does
not include funding for a civilian pay increase across the agency.
Should the President provide a civilian pay increase for fiscal year
2021, it is assumed that the cost of such a pay increase will be ab-
sorbed within existing appropriations for fiscal year 2021.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116–136) and the Coronavirus Preparedness and Re-
sponse Supplemental Act, 2020 (P.L. 116–123) included a total of
$142,000,000 for the Food and Drug Administration to prevent,
prepare for, and respond to coronavirus, domestically or inter-
nationally. In addition, the Paycheck Protection Program and
Health Care Enhancement Act (P.L. 116–139) included a transfer
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of $22,000,000 for FDA activities associated with COVID–19 tests.
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Allergen Labeling.—The Committee provides an increase of
$1,500,000 to the Center for Food Safety and Applied Nutrition
(CFSAN) for work related to allergen labeling. The Committee re-
mains concerned about limited action to date requiring labeling for
sesame. Sesame allergy is close in prevalence and higher in sever-
ity than some of the major allergens currently required to be la-
beled in the United States, and a greater fraction of adults with
sesame allergy reported an emergency room visit related to food al-
lergy in the past years than adults with any other major food al-
lergy. Yet sesame is not labeled on food packages and can be hid-
den as a spice or natural flavor. The Committee urges the FDA to
act swiftly to address this risk by requiring labeling for sesame, the
same as other major food allergens.
Animal Drug Compounding.—The Committee wants to ensure
that GFI #256 on animal drug compounding, which FDA issued on
November 20, 2019, does not create the same issues that resulted
in withdrawal of the previous draft guidance, GFI #230. The Com-
mittee expects that any finalized guidance on compounding for ani-
mal health will preserve treatment options available to veterinar-
ians, will reflect public input, and will recognize the need for com-
pounded medications by pet owners, animal shelters, zoos and
other stakeholders.
Animal Health Products.—The Committee notes livestock and
pets need innovative animal health products to address unmet
health and nutrition needs and encourages the FDA Center for
Veterinary Medicine to prepare ideas for modernizing the innova-
tion review process in the next Animal Drug User Fee Act reau-
thorization.
Animal Testing.—The Committee is encouraged by FDA efforts to
develop alternatives to the use of live dogs in veterinary drug test-
ing and allow drug sponsors to use these alternative non-animal
tests in regulatory submissions. The Committee urges the FDA to
expand on these efforts and provide not later than 60 days after
the enactment of this Act a report on current FDA policies and pro-
cedures that allow the submission, consideration, and approval of
drug safety data obtained using human-relevant alternative test
methods and on the processes by which stakeholders and Congress
are notified of proposed changes to FDA animal testing require-
ments before and after implementation.
Antimicrobial Resistance.—The Committee provides $1,000,000
in additional funding to the Food and Drug Administration for use
by the Center for Veterinary Medicine (CVM) to carry out work
combating antibiotic resistance. In particular, the Committee re-
quests the additional funding be used to support implementation of
FDA’s 5-year plan for supporting antimicrobial stewardship in ani-
mals, which includes steps to mitigate antibiotic resistance by en-
suring that medically important antibiotics for use in food-pro-
ducing animals have clearly defined durations of use. The Com-
mittee expects the agency to issue draft guidance describing a
strategy for clearly defining durations of use that are consistent
with existing regulations and guidance in order to protect public
health by the end of fiscal year 2021.
Automated Compounding.—The Committee encourages FDA to
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review policies, regulations, and guidance to incorporate and
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incentivize the use of automation technology to enhance safety, im-
prove accuracy, and facilitate compliance in drug compounding.
Automated Microbial Detection.—The Committee is aware of
automated microbial detection systems in health care manufac-
turing and their ability to mitigate risks to the safety of the Amer-
ican drug supply due to expanding reliance on global supply chains.
The Committee encourages FDA to understand how these critical
technologies can increase the efficiency and safety of the domestic
medical product manufacturing and supply chain.
Bacterial Risk Control Strategies for Blood Collection.—The Com-
mittee is pleased that FDA finalized its guidance document on Bac-
terial Risk Control Strategies for Blood Collection Establishments
and Transfusion Services. The Committee remains concerned about
this risk and urges FDA to ensure future approvals and clearances
consistent with this guidance for industry are supported by strong
patient safety data.
Biofilm Regulatory Science Research.—Within available funds for
the National Center for Toxicological Research, the Committee pro-
vides $500,000 to increase regulatory research activities to improve
the understanding of biofilms and the regulatory science of biofilms
associated with FDA work on medical devices, especially devices
that may be used multiple times within a health care setting, drug
delivery, and public health.
Blood Donor Procedures.—The Committee recognizes the need for
scientifically sound, evidence-based policy which recognizes the im-
portance of specific behavioral-risk factors for blood borne illness
relative to FDA blood donor guidelines. The Committee directs
FDA to continue to evaluate the current time-based blood donation
deferral policy and consider alternative procedures that would
maintain the current level of safety and reduce the risk of HIV
transmission through blood and blood components.
Cancer Immunotherapy Clinical Trials.—The Committee is en-
couraged by FDA’s ongoing efforts to accelerate the review and ap-
proval of cancer immunotherapies. In anticipation of an influx of
new clinical trials involving combination regimens, the Committee
urges FDA to work with and provide guidance to the research com-
munity and pharmaceutical industry surrounding standardized
clinical trial design considerations for immunotherapy-based com-
binations in order to help clinicians better select optimal treatment
options for their patients, as well as expedite regulatory review of
novel regimens.
Cannabidiol Enforcement.—The Committee provides an increase
of $5,000,000 for enforcing the law to protect patients and the pub-
lic while also providing a potential regulatory pathway for cannabis
and cannabis derived products. The Committee maintains its con-
cern about the proliferation of foods and dietary supplements mar-
keted in violation of the Federal Food, Drug and Cosmetic Act
(FFDCA), including products containing cannabis and cannabis-de-
rived ingredients. Non-FFDCA-compliant products continue to pose
potential health and safety risks to consumers through unsubstan-
tiated and misleading claims such as treating a wide-range of life-
threatening diseases and conditions. The Committee expects the
FDA to continue to prioritize consumer-safety through application
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Canned Tuna.—The Committee is concerned that FDA has not
revised the standard of identity for canned tuna to adopt the
drained weight fill of container standard despite having received
two citizens petitions, as far back as 1994. FDA is directed to pro-
vide an update on the status of its review of the citizen petitions
related to the standard of identity for canned tuna within 90 days.
Center for Food Safety and Applied Nutrition Centers of Excel-
lence.—The Committee is aware of the important contribution of
the FDA Center for Food Safety and Applied Nutrition’s Centers of
Excellence (COEs) program in supporting critical basic research as
well as facilitating the implementation of the FDA Food Safety
Modernization Act. The Committee encourages the Agency to con-
tinue to fully utilize the COEs to accomplish these goals.
Center for Tobacco Products.—The Committee is aware that the
Family Smoking Prevention and Tobacco Control Act requires new
tobacco products to undergo a product review by the Food and Drug
Administration to ensure that they meet the applicable standard
for authorization (e.g., appropriate for the protection of public
health). The Committee also knows that manufacturers of e-ciga-
rettes and other deemed tobacco products already on the market as
of the effective date of the deeming rule were required to submit
product applications to the Food and Drug Administration by Sep-
tember 9, 2020. Given that the Food and Drug Administration and
Surgeon General have called youth use of e-cigarettes an epidemic
and a recent Surgeon General report concluded that there is pres-
ently inadequate evidence to conclude that e-cigarettes, in general,
increase smoking cessation, it is the view of the Committee that
any e-cigarette that has increased or is likely to increase youth ini-
tiation of nicotine or tobacco products cannot meet the public
health standard required under the Tobacco Control Act. It is also
the expectation of the Committee that the Food and Drug Adminis-
tration will promptly take enforcement action to remove from the
market any new deemed tobacco product on the market as of Au-
gust 8, 2016, for which a manufacturer has not submitted a pre-
market tobacco application, a substantial equivalence (SE) report,
or an SE exemption request by September 9, 2020. The Committee
also directs the FDA, consistent with all applicable disclosure laws
and regulations, within 180 days of enactment to provide the Com-
mittee a list of all e-cigarettes and other deemed tobacco products
on the market as of August 8, 2016, for which marketing applica-
tions were submitted by September 9, 2020 and a report on the ef-
fect that its January 2, 2020 guidance, which prioritized enforce-
ment against certain flavored ENDS on the market, is having on
youth, including whether youth are switching to flavored ENDS
that are not subject to prioritized enforcement under the guidance.
Chemicals in Cosmetics.—The Committee expresses concern over
the effect of toxic chemicals in cosmetics. The Committee requires
a report from the Commissioner within 180 days on the health ef-
fects of talc, asbestos and lead.
Clinical Trials Reporting Requirements.—The Committee is
aware of direction in the 21st Century Cures Act on activities the
FDA must take to encourage compliance with ClinicalTrials.gov
data bank registration and results submission requirements. The
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Compounding Center of Excellence.—The Committee supports the
development of the Compounding Center of Excellence, which ex-
pands engagement with outsourcing facilities regarding good man-
ufacturing practices, thereby helping these facilities adhere to the
quality standards needed to protect patient health and support sec-
tor growth in small, underserved communities. The Committee en-
courages FDA to make concerted efforts to advise small
compounders on how best to navigate regulations concerning dis-
tributing and dispensing practices, so these businesses may con-
tinue to adequately service local communities and individual pa-
tient needs.
Cosmetic Safety.—The Committee remains concerned over the
importance of ensuring the safety of cosmetics and reminds the
FDA of its commitment to work with stakeholders and Congress to
modernize the regulatory framework for cosmetics. The Committee
reminds the FDA of its requirement in P.L. 116–94 to report to the
Committee on a path to establishing Good Manufacturing Practices
for cosmetics, as a way to further ensure cosmetic safety.
COVID–19 Response.—The Committee has been closely following
FDA’s activities in response to the COVID–19 pandemic. The FDA
is the nation’s final check on whether a medical device or product
is safe and effective for its intended usage prior to entering the
marketplace. The COVID–19 pandemic has highlighted the impor-
tance of that final step and the difficult balance FDA must strike
between moving quickly and still maintaining the highest stand-
ards of public safety. During the early days of the COVID–19 re-
sponse, the FDA’s efforts were narrowly focused on a single diag-
nostic test, resulting in unfortunate delays to engaging and fully
utilizing the nation’s existing testing capabilities. The Committee
highlighted some of these concerns and subsequent testing delays
during a budget hearing in March. The revisions to FDA policy
guidance documents regarding serological tests and the two-month
window between first announcing the policy and revising it created
an opportunity for numerous entrants in a market with poor qual-
ity control and raised concerns about the effectiveness of these
tests. These are just two examples of how difficult it is to judge the
balance between speed and accuracy, and which is the most appro-
priate response at any given time. The Committee recognizes the
difficulty FDA faces and the enhanced scrutiny placed on each of
the agency’s decisions during this pandemic. However, while the
Committee understands that this pandemic has created an unprec-
edented event, the true tragedy will exist if FDA does not learn
from its mistakes as it moves forward. Therefore, the Committee
directs FDA to contract with an independent entity to provide to
the Committee not later than 180 days after the enactment of this
Act a comprehensive assessment of its COVID response, high-
lighting failures and successes, to better understand how the agen-
cy can improve its response capabilities and enhance its ongoing
activities to protect the public health. The assessment shall also in-
clude a section regarding the Emergency Use Authorization (EUA)
process for COVID–19 tests and how the agency prioritized the
processing of the applications, the comprehensiveness of the diag-
nostic result, and existing FDA-approved methods.
Dairy Standard of Identity.—The Committee is pleased that the
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the standards of identity for dairy products as described in 21 Code
of Federal Regulations parts 131, 133, and 135. The Committee
urges the FDA to continue its work toward ultimately enforcing
standards of identity for dairy products.
Dietary Supplements.—The Committee supports FDA’s enforce-
ment actions against manufacturers of dietary supplement prod-
ucts that are adulterated or misbranded. The Committee has been
pleased with the agency’s efforts to strengthen regulation of dietary
supplements including through the use of the Dietary Supplement
Ingredient Advisory List and encourages the continuation of in-
creased enforcement activities and interagency collaborations with
the Department of Justice to remove illegal dietary supplements
from the market. The Committee expects FDA will continue to up-
date the Committee explaining how the agency carries out risk-
based enforcement of dietary supplement product manufacturers
and the resources it uses for these activities.
Donor Human Milk.—The Committee urges the FDA to develop
a plan for classifying all donor human milk. It further urges FDA
to continue to regulate human milk-derived products that meet the
statutory definition of infant formula and that are intended for con-
sumption by low birth weight infants or those infants who other-
wise have unusual medical or dietary problems as exempt infant
formulas, and to regulate them as specified by the Infant Formula
Act.
Drug Compounding and Final MOU.—The Committee recognizes
the FDA recently finalized the MOU for pharmacy compounding.
The Committee requests that FDA engage further with stake-
holders to address concerns and to ensure that all or nearly all
states can sign this important document.
Drug Compounding Pharmacist on Pharmacy Compounding Ad-
visory Committee.—The Committee recognizes that the Pharmacy
Compounding Advisory Committee established under the Drug
Quality and Security Act (DQSA) needs to adequately represent the
interests and needs of providers and patients who use and depend
on compounded medications. Compounding is often practiced in
community settings. It is therefore vital that voting members of
PCAC have a thorough understanding of compounding in a commu-
nity setting in order to appropriately advise FDA. The Committee
encourages FDA to appoint qualified voting members with recent,
actual, and diverse experience in the preparation, prescribing, and
use of compounded medications.
DQSA Implementation.—The Committee is aware of concerns
about FDA’s implementation of the DQSA as it relates to USP die-
tary supplement monographs. Last year’s House Report directed
the FDA to brief the Committee with an update on the issue, the
Committee looks forward to receiving the briefing.
Electronic Nicotine Delivery Systems (ENDS) Testing Standard-
ization.—The Committee directs the FDA, within available funds
for the Center for Tobacco Products, to conduct research focusing
on developing standardized testing protocols that generate accurate
and reliable testing data on ENDS and their use. The Committee
supports FDA’s plan to include $5,000,000 toward these efforts.
Laboratories that study these products currently employ numerous
methodologies for studying the devices and compounds in e-liquids
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protocols for testing ENDS products, as has been done for testing
combusted tobacco products, would provide accurate and reliable
data that could better determine the effects of ENDS on human
health. The Committee encourages FDA to work within the na-
tional or international research community to conduct research and
make recommendations on the standardization of testing protocols
for ENDS, including e-liquids.
FDA Partnerships under FSMA.—The purpose of FSMA is to re-
form the nation’s food safety laws to ensure a safe public food sup-
ply. As FDA continues implementation of FSMA, the Committee
encourages FDA to work in partnership with existing government
food safety programs through MOUs to verify compliance with
FSMA rules once they are finalized as a way to eliminate duplica-
tion of activities under the law.
Foreign Unannounced Inspections Pilots.—The Committee is con-
cerned that FDA’s drug inspection program continues to fall behind
the levels needed to match the growth in foreign drug manufac-
turing facilities. The Committee recognizes that FDA’s drug inspec-
tion program has responded to the shifting global market by imple-
menting a risk-based approach that prioritizes limited inspection
resources. However, the Committee notes that FDA’s regular prac-
tice of preannouncing foreign drug inspections well in advance of
an inspection, raises serious questions about parity with domestic
inspections, which are almost always unannounced. The Committee
is aware that in 2014 the FDA created a pilot program in India
that eliminated advance notice of inspections and instead used
short notice or unannounced visits but that this pilot was shut
down in 2015. The Committee directs the FDA to restart the pilot
in India and establish an additional pilot in China to improve
workforce development activities and include unannounced and
short notice inspections. The Committee includes an additional
$5,000,000 to implement these pilots.
Food Additives.—The Committee requests an update on the ef-
fects of direct and indirect food additives currently listed as gen-
erally recognized as safe on the behavioral health of children.
Food Traceability.—The Committee provides an increase of
$1,240,000 to investigate and prevent foodborne outbreaks. The
Committee is encouraged by the work the FDA has put forth in de-
veloping a comprehensive food traceability system. The Committee
directs FDA to continue to work with stakeholders on a wide-scale
traceability system that could help companies and government
agencies more rapidly access data crucial to tracking foods impli-
cated in disease outbreaks and subject to recall through their New
Era of Food Safety Initiative. The Committee looks forward to the
FDA’s Blueprint that is expected to outline how this modern ap-
proach will address public health challenges, ranging from being
able to trace sources of contaminated foods to using new predictive
analytics tools like artificial intelligence to assess risks, and to help
prioritize the Agency’s work and resources. This Blueprint is to be
made available on the FDA website within 60 days of the date of
enactment of this Act. Further, the Committee recommends the re-
search, investment, and implementation of artificial intelligence
and other emerging technologies to assist with these aims.
Foreign High-Risk Inspection.—The Committee maintains fund-
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continue efforts to develop and utilize a targeted, risk-based, and
efficient inspection model that incorporates commercially available
information, including onsite facility verification, about all foreign
establishments for the purpose of regulatory compliance and sur-
veillance of manufacturing quality management practices. FDA is
directed to provide the Committees with an update on these efforts,
including estimated efficiencies and concerns and plans to continue
or expand this effort in the future. In addition, the funding can be
used to support the Centers’ ongoing efforts to improve the sci-
entific evaluation of manufacturing for risk-based surveillance. The
Committee expects this effort to provide FDA with data-driven
models that will help it target its overseas inspection activities in
a global economy.
FSMA Partnerships.—The Committee encourages FDA to work
in partnership with existing government food safety programs and
industry to share and coordinate information and data with indus-
try partners and state and local government entities to better co-
ordinate before, during, and after outbreaks occur.
Generic Competition.—The Committee recognizes the important
role generic drug competition plays in the U.S. health care market-
place. The Committee encourages FDA to continue its efforts to fos-
ter competition among generic drugs.
Gluten in Drug Products.—In 2017, FDA issued Draft Guidance
concerning gluten in drug products and associated labeling rec-
ommendations. While some manufacturers have labeled their drugs
in accordance with this draft guidance, it has not been imple-
mented consistently, leading to uncertainty among consumers. The
Committee encourages FDA to consult with stakeholders to con-
sider the views of these consumers, and to work expeditiously to
publish a final guidance document.
Heparin Shortage.—The Committee is aware of the threat of hep-
arin shortage from the 2008 contaminant crisis and other risk fac-
tors such as African swine fever. The Committee directs FDA to
provide not later than 60 days after the enactment of this Act an
update on what the FDA is doing to assure domestic supply of hep-
arin and how it is engaging U.S. heparin suppliers and manufac-
turers.
High-Risk List.—The Committee expects FDA to release a list
designating high risk foods in September 2020 as required by
FSMA. FSMA also requires that foods designated as high-risk will
be subject to more stringent recordkeeping requirements in order
to improve traceability efforts during foodborne outbreaks. The
Committee encourages FDA to ensure that any additional record-
keeping and traceability requirements are required throughout the
supply and distribution chain as FDA continues to develop rules
and regulations for compliance with FSMA.
Homeopathic Draft Guidance.—The Committee urges FDA to
consider the views of commenters, including patients, proponents of
homeopathy, and other stakeholders, in its approach to finalizing
its revised draft guidance entitled ‘‘Drug Products Labeled as Ho-
meopathic Guidance for FDA Staff and Industry.’’
Human-Based Nonclinical Approaches.—The Committee is aware
that nonclinical approaches that do not involve use of animals to
evaluate new pharmaceuticals are being developed and might bet-
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Committee directs FDA to review and modify its regulations to
clearly reflect the FDA’s discretion to accept valid nonclinical ap-
proaches. The Committee also directs FDA to consider expanding
its Drug Development Tools Qualification Program to include a pro-
gram for evaluating and integrating in vitro computational ap-
proaches. The Committee requests FDA report back on steps taken
not later than September 30, 2021.
IBD Clinical Trials.—The Committee strongly encourages FDA
to continue to engage with IBD research and patient communities
to identify and address barriers to clinical trial participation for
both adult and pediatric populations. To address a key barrier for
pediatric populations, the Committee urges FDA to identify ap-
proaches for using real-world evidence to support reviews of can-
didate therapies that are already approved for use by adults with
IBD. The Committee requests that FDA provide a briefing on these
activities within 180 days of enactment of this Act.
Innovative Food Products.—The Committee is encouraged that
the FDA recognizes the rising public health needs for oversight of
innovative food products, and directs the FDA to brief the Com-
mittee, within 90 days of enactment, describing the challenges the
agency faces in ensuring that innovative food ingredients are safe
and their plans to address those challenges.
In-Home Drug Disposal.—The Committee directs the FDA to
evaluate and consider updating current drug disposal guidance to
reflect the availability of in-home disposal technology intended to
deactivate and dispose of prescription drugs in a manner that ren-
ders the controlled substance unavailable and unusable for all
practical purposes. The Committee also encourages the FDA to
closely consider whether opioid labeling, REMS materials, and
other prescriber information should include language on co-dis-
pensing of in-home drug disposal technology, particularly for pre-
scriptions connected to acute pain such as post-surgical pain.
Inspections at Land Ports of Entry.—A record volume of FDA-reg-
ulated commodities are being introduced for import inspection at
the U.S.-Mexico border. The Committee is concerned that this is
outpacing the Administration’s processing operations resources at
Land Ports of Entry, and has resulted in increased cargo backlogs
or, otherwise, compromised the Administration’s ability to detect
and seize violative products. In order to improve and streamline
the inspection process and expedite the release of compliant prod-
ucts, the Committee directs FDA to support increased import oper-
ations at Land Ports of Entry, near the U.S.-Mexico border.
Laboratory Developed Tests.—The Committee notes the past
work between Congress, stakeholders, and the FDA on regulation
of clinical laboratory diagnostic tests, including in-vitro diagnostic
test kits. The Committee encourages FDA to continue to work with
Congress to pass legislation that addresses a new regulatory path-
way for laboratory diagnostic tests.
Listeria Prevention.—The Committee is aware that FDA is in the
process of finalizing guidance regarding Listeria monocytogenes
(Lm) in foods under its jurisdiction. Reducing incidence of
listeriosis is an important public health goal and the Committee
supports efforts to accomplish this objective. The Committee urges
FDA to define Not Ready To Eat foods in guidance in a manner
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ance is protective of public health and is science-based, practical,
and achievable. The Committee also urges FDA to consider com-
prehensive risk assessment data in finalizing compliance policy
guidance that would regulate any final action level of Lm in Ready
To Eat foods.
Lower-Cost Insulin Products and Transition to the Biologics Price
Competition and Innovation Act Approval Pathway.—The Com-
mittee encourages the FDA to ensure timely review of proposed
biosimilar and interchangeable insulin products and expects the
FDA to provide additional guidance, including by publishing draft,
revised draft, or final guidance, that will provide clarity and may
help increased development of biosimilar products and integration
of biosimilars into the biological products market.
The Committee also directs the FDA to provide, not later than
180 days after the enactment of this Act, a report providing an up-
date on the following items: the number of new biologic license ap-
plications for insulin products, the number of new applications for
biosimilars that use insulin as a reference product, trends in the
total numbers of brand (biologic) and generic (biosimilar) insulin
products on the market, trends in launch and list prices of new
market insulin products compared to those currently in the market,
the overall competitiveness of the insulin market, and any changes
to accessibility and to the affordability of insulin.
Medical Device Supply Chain Management.—The Committee is
concerned by vulnerabilities in our medical device supply chain
that have been brought to light by the spread of COVID–19. The
Committee directs FDA to work with Congress on ensuring they
have the necessary tools and resources to prevent drug and device
shortages. The Committee directs FDA to provide a briefing to the
Committee on the state of the drug and medical device supply
chain and any additional authorities or capabilities that are needed
to assist FDA in mitigating shortages or identifying potential dis-
ruptions of these medical products.
Medical Gas.—The Committee directed FDA to issue final sepa-
rate medical gases regulations in the fiscal year 2017 Consolidated
Appropriations Act. Should FDA not issue proposed regulations by
December 31, 2020, the Committee directs FDA to submit a report
explaining the status of the rulemaking and the reasons for the
delay.
Menstrual Product Labeling.—The Committee is concerned with
the lack of labeling requirements for menstrual hygiene products
and directs FDA to revise existing guidance for industry to include
recommendations concerning menstrual hygiene product labeling
and material lists, including recommendations that ingredient lists
be included on packaging.
Modernizing Prescription Drug Development.—The Committee
encourages FDA to expand efforts that support new approaches to
improve product manufacturing and quality, including both inno-
vator and generic drug sectors. The Committee encourages FDA to
partner with academia to pilot innovative tools that can improve
innovator and generic drug manufacturing efficiencies and
strengthen product quality.
Naloxone to Treat Over-usage of Opioids.—Prescribers including
dentists and other primary care providers have an opportunity to
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eration of co-prescribing naloxone with each opioid prescription.
The Committee continues to encourage FDA to develop a strategy
to test this hypothesis and assess the benefit for enacting such a
policy as a national strategy.
Natural Cosmetics.—The Committee encourages FDA to work
with consumer protection stakeholders and the scientific commu-
nity to consider a definition of the term natural when natural
claims are made in the labeling of cosmetics. The Committee asks
FDA to update the Committee on those discussions, including the
process and timeline for creating and enforcing a definition, as ap-
propriate, within 90 days of the enactment of this Act.
Nephrotic Syndrome.—The Committee recognizes the collabora-
tion from FDA in continuing to support key clinical trials for pa-
tients with nephrotic syndrome. The Committee encourages FDA to
continue collaborating with stakeholders on therapy access that
has led to meaningful development of new treatments.
Net Weights.—The Committee encourages FDA to continue devot-
ing appropriate efforts to address economic integrity issues, par-
ticularly with respect to net weights, and treatment of seafood. The
Committee believes these short-weighted labeled products are vio-
lating FDA laws and that, despite industry reporting such viola-
tions, FDA has not prioritized enforcement. The Committee re-
quests a briefing from FDA on its efforts to enforce net weight re-
quirements with respect to seafood product.
Neurodegenerative Collaborations.—The Committee supports on-
going collaborations between the medical product centers related to
the development of treatments for neurodegenerative diseases, in-
cluding public outreach efforts and the development of policy, guid-
ance, and educational training. The Committee directs FDA to pro-
vide a briefing updating the Committee on efforts to date and plans
for future collaborations to combat neurodegenerative diseases.
Non-Human Primates.—The Committee looks forward to receiv-
ing the report requested in last year’s House Report regarding a
strategy and timeline for reducing intramural primate research.
The Committee continues to encourage the FDA to reduce primate
testing, prioritize alternative research methods, and seek opportu-
nities to relocate primates to sanctuaries. The Committee requests
an update be included as part of the FDA’s fiscal year 2022 budget
request.
Nutrient Value of Fish During Pregnancy.—The Committee rec-
ognizes the directive included in section 773 of Division B of the
Consolidated Appropriations Act, 2019 (P.L. 116–6), and directs the
FDA to continue coordinating with the Environmental Protection
Agency to reissue the final fish consumption advice for pregnant
women provided in the notice of availability entitled ‘Advice About
Eating Fish, From the Environmental Protection Agency and Food
and Drug Administration; Revised Fish Advice; Availability (82
Fed. Reg. 6571 (January 19, 2017))’. The reissuance of this advice
will assist pregnant women in making informed decisions on fish
consumption during pregnancy, especially as it relates to the posi-
tive cognitive development of children.
Office Use Compounding.—The Committee continues to hear con-
cerns that FDA has implemented and enforced the DQSA through
guidance for industry documents rather than through the notice
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statute and the Administrative Procedures Act. The Committee
looks forward to receiving a briefing from FDA on this issue.
Olive Oil Standards of Identity.—The Committee directs the FDA
to continue working to establish a separate U.S. Standard of Iden-
tity for different grades of olive oil (e.g. extra virgin, virgin, and re-
fined) and olive-pomace oils. The Committee remains particularly
concerned with the number of different oil state standards for olive
oils in the U.S. and believes it is important to determine if estab-
lishing a uniform set of the standards would better inform and pro-
tect consumers. The FDA is directed to consult and meet with do-
mestic producers and importers of olive oil to develop a science-
based Standard of Identity for extra virgin olive oil and olive oil to
ensure the integrity of these products for U.S. consumers. The
Committee directs the Commissioner of the FDA to brief the Com-
mittee by December 31, 2020 on the status of the agency’s progress
in developing a U.S. Standard of Identity for different grades of
olive oil.
Opioid Abuse.—The Committee continues to be pleased that,
with the Opioids Action Plan, Opioid Policy Steering Committee,
and several significant regulatory actions, FDA is doing its part to
help stem the tide of abuse. The use of opioids as first-line thera-
pies for any form of pain has led to over-prescribing, and the CDC
has made clear that clinicians should consider opioid therapy only
if expected benefits for both pain and function are anticipated to
outweigh the risks to the patient. The Committee hopes that FDA
will continue to support the development of alternative and non-ad-
dictive alternatives to opioid analgesics and, when opioids are
medically necessary, will continue to incentivize development and
use of abuse-deterrent formulations. The Committee notes that
every patient’s treatment regimen should be tailored by his or her
doctor to his or her unique needs. The federal government, there-
fore, should promote the full suite of available treatment options,
including abstinence-based models and non-opioid medications. Fi-
nally, the Committee continues to be supportive of naloxone dis-
tribution among trained, licensed health care professionals and
emergency responders. When considering the appropriateness of
providing naloxone over the counter, the Committee urges the FDA
to ensure that the administration of naloxone serves as a point of
intervention to spur an honest conversation between the patient
and his doctor about addiction and treatment.
OTC Acetaminophen Dosing Information for Children.—The
Committee continues to be concerned that the lack of dosing infor-
mation for children ages six months to two years may lead to dos-
ing errors, adverse events, and inadequate treatment of fever and
pain. The FDA is urged to provide to the Committee not later than
30 days after the enactment of this Act an update on the timing
of amending the monograph label for acetaminophen to include
weight-based dosing instructions for children ages six months to
two years.
Outreach to Small Farmers.—The Committee expects the FDA to
adequately fund efforts to provide outreach, training, and technical
assistance to farmers for compliance with the FSMA Produce Safe-
ty Rule. The Committee expects CFSAN to provide funding for crit-
ical outreach and training services at not less than the level speci-
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Patient Experience in Drug Reviews.—The Committee is aware
the FDA is implementing policies to encourage the collection and
utilization of patient experience data, such as patient preferences
and patient-reported outcomes, under the patient-focused drug de-
velopment framework. The Committee encourages FDA to include
in its report assessing the use of patient data in regulatory deci-
sion-making, as required in Sec. 3004 of Public Law 114–255, infor-
mation related to its review of patient experience data and infor-
mation on patient-focused drug development tools.
Pediatric Devices.—The Committee recognizes the success of the
FDA’s Pediatric Device Consortia (PDC) and the Center for Devices
and Radiological Health’s (CDRH) interest in developing a collabo-
rative community related to pediatric devices. The Committee notes
that the fiscal year 2020 Agriculture Appropriations bill provided
an increase of $1,000,000 for the PDC program to improve infra-
structure for conducting pediatric device trials and the planning of
a related Pediatric Device collaborative community.
Pesticide Residues in Imported Human Food.—The Committee is
concerned that imported human food continues to have higher pes-
ticide violation rates than domestically produced food. The Com-
mittee recognizes that identifying a high violation rate for an im-
ported commodity attests to FDA’s sampling design. However, such
differences between domestic and import violation rates are con-
cerning. The Committee directs FDA to analyze data in preparation
of its next annual report to assess whether giving special attention
to certain imported products with significantly higher rates of vio-
lations compared to domestic products would change the planning
of the pesticide sampling plan for future years.
Pet Food Contamination.—The Committee is aware that certain
brands of pet food contain unacceptable amounts of adulterated in-
gredients harmful to animals. Products with such ingredients have
reached store shelves and infected countless pets before being re-
called. Out of concern for animal health and consumer education,
the Committee directs the FDA to provide a briefing within 180
days of enactment on FDA’s efforts to prevent adulteration of pet
food.
Plant Product Labeling.—The Committee notes the increase of
plant-based products labeled and marketed with meat, dairy, eggs,
seafood and other animal food product terminology that may be ad-
vertised as a more healthful alternative to conventional animal-
based food products. Such representations may cause consumer
confusion. As FDA works to modernize standards of identity and
evaluate related product labeling, the Committee directs the Com-
missioner to consult with FSIS to prevent misleading labeling of
these food products that do not contain any animal-based ingredi-
ents and to continue to engage with stakeholders and the public on
this issue.
Predictive Toxicology Roadmaps.—The Committee supports FDA
efforts to advance new alternative methods for predictive toxicology
testing when evaluating drugs and chemicals in order to improve
human health and safety and to potentially replace, reduce, and/
or refine animal testing. The Committee directs FDA to continue
to work with stakeholders to promote the development and evalua-
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Premarket Tobacco Applications (PMTA) Transparency.—The
Committee urges FDA to make public a list of products for which
PMTAs, requests for exemption from substantial equivalence, or
substantial equivalence reports, were received on or before Sep-
tember 9, 2020.
Prescription to Over-the-Counter Switches.—The Committee is
concerned with the multiple delays in FDA’s promulgation of a pro-
posed regulation that may broaden the types of products that may
be approved for use in a nonprescription setting. The Agency initi-
ated its Nonprescription Drug Safe Use Regulatory Expansion ini-
tiative in 2013 and issued draft guidance in 2018 as a first step,
promising sponsors and patients additional regulatory options
through rulemaking in the near future. The Committee strongly
encourages the Agency to issue this important proposed rule as
soon as possible. The Committee also requests an update within 30
days after enactment of this Act on the timing of its issuance.
Radiation Exposure in Medical Imaging.—The Committee urges
FDA to collaborate with the medical imaging industry and radio-
logical professional societies to address the safety of all x-ray imag-
ing modalities and promote the use of international consensus
standards and alternative technologies when appropriate.
Rare Cancer Therapeutics.—The Committee includes an addi-
tional $2,500,000 to address gaps in the system, streamline re-
sources, accelerate the development of rare cancer therapies and
advance the field of cancer research overall, mirroring the efforts
of the National Cancer Institute’s Developmental Therapeutics Pro-
gram. FDA is directed to build lines of communications and proc-
esses between these two agencies in order to expedite review of
rare cancer therapies. Further, the Committee directs FDA to pro-
vide a briefing on what FDA has done to achieve the goals listed
above, not later than 90 days after the enactment of this Act.
Safeguarding Pharmaceutical Supply Chains.—The Committee is
concerned about America’s increased reliance on foreign-based
sources of active pharmaceutical ingredients, their chemical compo-
nents, and off-shore drug production. The Committee directs FDA
to develop a report that addresses the vulnerabilities of the U.S.
medical supply chain. This report should include recommendations
on the following: (1) an identification of finished drugs and their es-
sential components including raw materials, chemical components,
and active ingredients necessary for the manufacture of medicines
where supply is dependent on a single or limited number of pro-
viding countries; (2) recommendations for how to diversify supply
away from predominant dependency on sources of supply in other
countries and how to further the adoption of U.S.-based advanced
manufacturing for active pharmaceutical ingredients and chemical
precursors; (3) discussion of legislative, regulatory, and policy
changes necessary to close gaps in the FDA’s ability to assess crit-
ical supply chain risks and encourage domestic manufacturing, in-
cluding advanced manufacturing, of critical components and fin-
ished drug products; and (4) discussion of any differences between
the FDA’s policy and that of the Customs and Border Protection on
a requirement for drug companies to list active pharmaceutical in-
gredients and their countries of origin on labels of imported and do-
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Seafood Product Labeling.—The Committee notes that certain
foods are labeled as a fish or seafood product when the products
are highly-processed plant-based foods rather than derived from ac-
tual fish or seafood. The Committee directs the FDA to continue to
assess products on the market to determine whether action is nec-
essary to ensure consumers are not misled regarding such product
labeling.
Skin Lightening.—The Committee is concerned about the avail-
ability of illegal skin lightening products containing dangerous lev-
els of mercury and hydroquinone that are available to consumers,
particularly through online retailers. With the passage of the
CARES Act, FDA has new authorities to address the safety and ef-
fectiveness of OTC drug products, including those containing hy-
droquinone. The Committee encourages the Office of Cosmetics and
Colors, within CFSAN and the Office of Non-Prescription Drugs
within CDER to collaborate to combat online sales of illegal skin
lightening products, including testing to determine compliance with
FDA content limits. The Committee provides an increase of
$1,000,000 to FDA’s Office of Minority Health and Health Equity
to educate the public on the dangers of cosmetics containing these
ingredients, including partnering with community-based organiza-
tions with records of reaching out to communities. The FDA should
coordinate with the National Institute of Health’s National Insti-
tute on Minority Health and Health Disparities to ensure any po-
tential interventions or educational efforts are complementary and
not duplicative.
Sodium Reduction.—The Committee is aware that U.S. Food and
Drug Administration (FDA) is in the process of issuing guidance re-
garding voluntary sodium reduction targets in foods. The Com-
mittee encourages FDA to publish an updated draft of the short-
term guidance for a 30-day comment period prior to finalization.
Furthermore, within 120 days of enactment, the Committee re-
quests the FDA provide a status update to the Committee on the
publication of the short-term Final Guidance to Industry For Vol-
untarily Reducing Sodium, first published as draft in the Federal
Register on June 2, 2016 (81 Fed. Reg. 35363).
Standard of Identity Activities for Foods.—Not later than 30 days
after the date of enactment of this Act, and annually thereafter,
the FDA shall submit to the Committees, and make publicly avail-
able online, a report outlining its progress on modernizing its
standards of identity regulations.
Sunscreen Ingredients.—The Committee continues to track the
actions of the FDA related to sunscreen ingredients. The Com-
mittee recognizes the agency’s efforts in generating and posting
consumer and public health resources regarding health benefits of
sunscreen use. The Committee is encouraged by FDA’s improve-
ments in clarifying its messaging around the importance of sun-
screen use as a skin cancer prevention tool in the context of its re-
search on sunscreen. In addition, the Committee continues to en-
courage FDA to work with stakeholders, including the Environ-
mental Protection Agency, especially in light of new authorities
provided in the CARES Act.
Thalassemia.—Recent studies have shown that the length of time
between when blood is donated and transfused does not impact out-
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ever, the Committee is aware that these studies do not determine
the impact on chronically transfused patients, such as those with
thalassemia, in which administration of older red cells may exacer-
bate iron loading and contribute to worse outcomes. The Committee
urges FDA to review scientific literature on this issue and provide
a brief to the Committees on potential steps to address safety.
Track and Trace.—Public Law 111–31 required FDA to imple-
ment a national track and trace system on the manufacture and
flow of tobacco products to ensure compliance with tobacco product
standards and disrupt illicit trade and counterfeiting. The fiscal
year 2020 Agriculture Appropriations Act directed FDA to issue a
report on the status of track and trace rulemaking as it applies to
tobacco products, including electronic nicotine delivery devices and
nicotine components. The Committee looks forward to reviewing
the report.
Women and Minorities in Clinical Trials.—The Committee is con-
cerned with the underrepresentation of women and minorities in
clinical trials. The Committee is aware of the ongoing work that
FDA is doing towards efforts to address this underrepresentation,
in particular, its work on greater participation of female mice, in-
clusion of women and minorities in population studies, representa-
tional data on differences in female and male responses to medica-
tions, including sex-specific biomarkers in simulation models, and
transparency in addressing biological differences. The Committee
requests not later than 180 days after the enactment of this Act
a briefing on FDA’s efforts in this space.
Youth E-cigarette Use.—The Committee is troubled by the dra-
matic increase in youth of ENDS products and notes that flavors
are the most common reason youth use e-cigarettes. The Com-
mittee urges FDA to expedite the pre-market review of e-cigarettes
and other newly deemed tobacco products that were on the market
as of August 8, 2016 and to remove from the market any deemed
tobacco product introduced after August 8, 2016 that has not sub-
mitted an application for pre-market review.
BUILDINGS AND FACILITIES
2020 appropriation ............................................................................. $11,788,000
2021 budget estimate ......................................................................... 13,788,000
Provided in the bill ............................................................................. 11,788,000
Comparison:
2020 appropriation ...................................................................... –––
2021 budget estimate .................................................................. ¥2,000,000
COMMITTEE PROVISIONS
For Buildings and Facilities of the Food and Drug Administra-
tion, the Committee provides $11,788,000.
FDA INNOVATION ACCOUNT, CURES ACT
2020 appropriation ............................................................................. $75,000,000
2021 budget estimate ......................................................................... 70,000,000
Provided in the bill ............................................................................. 70,000,000
Comparison:
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2020 appropriation ...................................................................... ¥5,000,000
2021 budget estimate .................................................................. –––
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COMMITTEE PROVISIONS
For the FDA Innovation Account as authorized in the 21st Cen-
tury Cures Act, the Committee provides an appropriation of
$70,000,000.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
2020 appropriation ............................................................................. $315,000,000
2021 budget estimate ......................................................................... 304,000,000
Provided in the bill ............................................................................. 304,000,000
Comparison:
2020 appropriation ...................................................................... ¥11,000,000
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For the Commodity Futures Trading Commission (CFTC), the
Committee provides an appropriation of $304,000,000.
Market surveillance oversight.—Last year, the Committee re-
quested CFTC to look into the aluminum futures market. The Com-
mittee remains interested in CFTCs review of aluminum futures
markets and its impact on pricing for aluminum end users and di-
rects CFTC to provide a report to the House and Senate Commit-
tees on Appropriations within 60 days of the review’s completion.
The Committee expects CFTCs market surveillance branch to take
prompt action, if warranted, to ensure that aluminum end users
are protected from fraud, manipulation and abusive practices that
are prohibited by the Commodity Exchange Act.
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
2020 limitation .................................................................................... ($77,000,000)
2021 budget estimate ......................................................................... (80,400,000)
Provided in the bill ............................................................................. (80,400.000)
Comparison:
2020 limitation ............................................................................ +3,400,000
2021 budget estimate .................................................................. –––
COMMITTEE PROVISIONS
For the limitation on the expenses of the Farm Credit Adminis-
tration, the Committee provides $80,400,000.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.—The bill includes language regarding passenger
motor vehicles.
Section 702.—The bill includes language regarding the Working
Capital Fund of the Department of Agriculture.
Section 703.—The bill includes language limiting funding pro-
vided in the bill to one year unless otherwise specified.
Section 704.—The bill includes language regarding indirect cost
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Section 705.—The bill includes language regarding the avail-
ability of loan funds in Rural Development programs.
Section 706.—The bill includes language regarding new informa-
tion technology systems.
Section 707.—The bill includes language regarding fund avail-
ability in the Agricultural Management Assistance program.
Section 708.—The bill includes language regarding Rural Utili-
ties Service program eligibility.
Section 709.—The bill includes language regarding funds for in-
formation technology expenses for the Farm Service Agency and
the Rural Development mission area.
Section 710.—The bill includes language relating to first-class
airline travel.
Section 711.—The bill includes language regarding the avail-
ability of certain funds of the Commodity Credit Corporation.
Section 712.—The bill includes language regarding funding for
advisory committees.
Section 713.—The bill includes language regarding computer net-
works.
Section 714.—The bill includes language regarding Section 32 ac-
tivities.
Section 715.—The bill includes language regarding user fee pro-
posals without offsets.
Section 716.—The bill includes language regarding the re-
programming of funds and notification requirements.
Section 717.—The bill includes language regarding fees for the
guaranteed business and industry loan program.
Section 718.—The bill includes language regarding the appro-
priations hearing process.
Section 719.—The bill includes language regarding pre-packaged
news stories produced by government agencies.
Section 720.—The bill includes language regarding details and
assignments of Department of Agriculture employees.
Section 721.—The bill includes language regarding eligibility or
level of program assistance for Rural Development programs.
Section 722.—The bill includes language requiring spend plans.
Section 723.—The bill includes language regarding nutrition pro-
grams.
Section 724.—The bill includes language related to population
limits for water and waste programs.
Section 725.—The bill includes language regarding certain USDA
loan program levels.
Section 726.—The bill includes language regarding credit card re-
funds and rebates.
Section 727.—The bill includes language regarding the definition
of the term ‘‘variety’’ in SNAP.
Section 728.—The bill includes language regarding the Sec-
retary’s authority with respect to the 502 guaranteed loan pro-
grams.
Section 729.—The bill includes language regarding electronically
available information for prescribing healthcare professionals.
Section 730.—The bill includes language regarding inspections of
certain ARS facilities.
Section 731.—The bill includes language regarding the Food for
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Peace program.
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Section 732.—The bill includes funding for the Rural Energy
Savings Program.
Section 733.—The bill includes language related to a Supple-
mental Nutrition Assistance Program final rule.
Section 734.—The bill includes language related to a Supple-
mental Nutrition Assistance Program proposed rule.
Section 735.—The bill includes language related to the Animal
Welfare Act.
Section 736.—The bill includes language regarding U.S. iron and
steel products in public water or wastewater systems.
Section 737.—The bill includes language regarding lobbying.
Section 738.—The bill includes language relating to the use of
raw or processed poultry products from the People’s Republic of
China in various domestic nutrition programs.
Section 739.—The bill includes language related to the Federal
Meat Inspection Act.
Section 740.—The bill includes language related to persistent
poverty counties.
Section 741.—The bill includes language regarding funding for
an agriculture business innovation center.
Section 742.—The bill provides funding for the Farm to School
program.
Section 743.—The bill provides funding for the Healthy Food Fi-
nancing Initiative.
Section 744.—The bill provides funding for activities related to
citrus greening.
Section 745.—The bill includes language related to investiga-
tional use of drugs or biological products for certain purposes.
Section 746.—The bill includes language related to the growing,
harvesting, packing and holding of certain produce.
Section 747.—The bill includes language related to certain school
food lunch prices.
Section 748.—The bill provides funding for grants to enhance
farming and ranching opportunities for military veterans.
Section 749.—The bill includes language related to the school
breakfast program.
Section 750.—The bill includes language related to environ-
mental assessment documents.
Section 751.— The bill includes language related to line speed
waivers.
Section 752.—The bill provides funding for certain centers of ex-
cellence.
Section 753.—The bill provides funding for rural hospital tech-
nical assistance.
Section 754.—The bill provides funding for grants under the sec-
tion 12502 of Public Law 115–334.
Section 755.—The bill provides funding to carry out section 1621
of Public Law 110–246.
Section 756.—The bill includes language related to contingency
plans for Animal Welfare Act licensees.
Section 757.—The bill provides funding to carry out section
4003(b) of Public Law 115–334.
Section 758.—The bill provides funding to carry out section 3307
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of Public Law 115–334.
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Section 759.—The bill includes language related to certain
matching fund requirements.
Section 760.—The bill provides funding to carry out section 23 of
the Child Nutrition Act of 1966.
Section 761.—The bill includes language related to biotechnology
risk assessment research.
Section 762.—The bill provides funding to carry out section
12302 of Public Law 115–334.
Section 763.—The bill provides funding to carry out section
12504 of Public Law 115–334.
Section 764.—The bill provides funding to carry out section 4208
of Public Law 115–334.
Section 765.—The bill provides funding to carry out section 7209
of Public Law 115–334.
Section 766.—The bill provides funding to carry out section
12301 of Public Law 115–334.
Section 767.—The bill provides funding to carry out section 7120
of Public Law 115–334.
Section 768.—The bill provides funding to carry out section 7208
of Public Law 115–334.
Section 769.—The bill includes language related to potable
water.
Section 770.—The bill provides funding to carry out section 4206
of Public Law 115–334.
Section 771.—The bill provides funding to carry out section
12513 of Public Law 115–334.
Section 772.—The bill provides funding for rural broadband.
Section 773.—The bill includes language related to certain reor-
ganizations within the Department of Agriculture.
Section 774.—The bill provides funding for renewable energy.
Section 775.—The bill includes language changing the due date
of a study.
Section 776.—The bill includes language related to the rural
broadband program.
Sec. 777.—The bill includes language related to watershed pro-
grams.
Sec. 778.—The bill includes language related to shrimp exported
to the United States.
Sec. 779.—The bill includes language related to hemp.
Sec. 780.—The bill includes language related to milk.
Sec. 781.—The bill includes language related to FDA-regulated
products.
Sec. 782.—The bill includes language related to the ReConnect
program.
Sec. 783.—The bill includes language related to the Dietary
Guidelines.
Sec. 784.—The bill includes language related to drug recalls.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
FULL COMMITTEE VOTES
Pursuant to the provisions of clause 3(b) of rule XIII of the House
of Representatives, the results of each roll call vote on an amend-
ment or on the motion to report, together with the names of those
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voting for and those against, are printed below:
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The bill and report were amended and reported out of Committee
with a quorum present and without a roll call vote.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House
of Representatives, the following is a statement of general perform-
ance goals and objectives for which this measure authorizes fund-
ing:
The Committee on Appropriations considers program perform-
ance, including a program’s success in developing and attaining
outcome-related goals and objectives, in developing funding rec-
ommendations.
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a program of
the Federal Government known to be duplicative of another Fed-
eral program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to section
21 of Public Law 111–139, or a program related to a program iden-
tified in the most recent Catalog of Federal Domestic Assistance.
TRANSFERS OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House
of Representatives, the following list includes the transfers in-
cluded in the accompanying bill:
• Office of the Secretary.—The bill allows funds within the ac-
count to be transferred among the offices included in the account,
as well as reimbursements for certain expenses and transfers out-
side the account for certain activities.
• Hazardous Materials Management.—The bill allows the funds
within the account to be transferred to any agency of the Depart-
ment.
• Animal and Plant Health Inspection Service.—Authority is in-
cluded to enable the Secretary of Agriculture to transfer from other
appropriations or funds of the Department such sums as may be
necessary to combat emergency outbreaks of certain diseases of
animals and plants.
• Funds for Strengthening Markets, Income, and Supply.—The
bill limits the transfer of section 32 funds to purposes specified in
the bill.
• Farm Production and Conservation (FPAC) Business Center.—
The bill allows certain funds to be merged with the salaries and
expenses account for the FPAC Business Center. The bill also pro-
vides that funds provided to other accounts in the agency shall
transferred to and merged with the salaries and expenses account
of the Farm Service Agency.
• Dairy Indemnity Program.—The bill authorizes the transfer of
funds to the Commodity Credit Corporation, by reference.
• Agricultural Credit Insurance Fund Program Account.—The
bill provides funds to be transferred to the Farm Service Agency
and for certain funds to be transferred within the account.
• Commodity Credit Corporation.—The bill includes language al-
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lowing certain funds to be transferred to the Foreign Agricultural
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Service Salaries and Expenses account for information resource
management activities.
• Rural Housing Insurance Fund Program Account.—The bill in-
cludes language allowing funds to be transferred from the Multi-
Family Housing Revitalization Program Account to this account
and for funds to be transferred from this account to the Rural De-
velopment Salaries and Expenses account.
• Rental Assistance Program.—The bill includes language allow-
ing funds to be transferred from the Multi-Family Housing Revital-
ization Program Account to this account.
• Intermediary Relending Program Fund Account.—The bill pro-
vides funds in this account to be transferred to the Rural Develop-
ment Salaries and Expenses account.
• Rural Electrification and Telecommunications Program Ac-
count.—The bill provides funds in this account to be transferred to
the Rural Development Salaries and Expenses account.
• Child Nutrition Programs.—The bill includes authority to
transfer section 32 funds to these programs.
• Foreign Agricultural Service, Salaries and Expenses.—The bill
allows for the transfer of funds from the Commodity Credit Cor-
poration Export Loan Program Account.
• Food for Peace Title I Direct Credit and Food for Progress Pro-
gram Account.—The bill allows funds to be transferred to the Farm
Production and Conservation Business Center, Salaries and Ex-
penses account.
• Commodity Credit Corporation Export Loans Program.—The
bill provides for transfer of funds to the Foreign Agricultural Serv-
ice and to the Farm Production and Conservation Business Center,
Salaries and Expenses account.
• Food and Drug Administration, Salaries and Expenses.—The
bill allows funds to be transferred among certain activities.
• Food and Drug Administration, FDA Innovation Account,
Cures Act.—The bill allows funds to be transferred from the 21st
Century Cures Act to the Food and Drug Administration, Salaries
and Expenses account.
• Commodity Futures Trading Commission.—The bill allows cer-
tain funds to be transferred to a no-year account in the Treasury.
• General Provisions.—Section 702 of the bill allows unobligated
balances of discretionary funds to be transferred to the Working
Capital Fund. Section 761 of the bill allows transfers to USDA for
certain research programs.
RESCISSIONS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House
of Representatives, the following lists the rescissions included in
the accompanying bill:
Program or activity Amount
USDA FNS (prior year balances) .................................................................................................................... $1,000,000,000
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DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED
SPENDING ITEMS
Neither the bill nor this report contains any congressional ear-
marks, limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of Representatives.
CHANGES IN THE APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the
House of Representatives, the following statements are submitted
describing the effect of provisions in the accompanying bill that di-
rectly or indirectly change the application of existing law.
The bill includes a number of provisions which place limitations
on the use of funds in the bill or change existing limitations and
that might, under some circumstances, be construed as changing
the application of existing law:
Office of the Secretary.—Language is included to limit the
amount of funds for official reception and representation expenses,
as determined by the Secretary and to reimburse Departmental Ad-
ministration for travel expenses incident to the holding of hearings.
Agricultural Research Service.—Language is included that allows
the Agricultural Research Service to grant easements at the Belts-
ville, MD, agricultural research center and to grant easements at
any facility for the construction of a research facility for use by the
agency.
National Institute of Food and Agriculture, Integrated Activi-
ties.—The bill includes language limiting indirect costs.
Animal and Plant Health Inspection Service.—Language is in-
cluded to limit the amount of funds for representational allow-
ances.
Animal and Plant Health Inspection Service.—The bill includes
language regarding state matching funds and the brucellosis con-
trol program.
Animal and Plant Health Inspection Service.—Language is in-
cluded to allow APHIS to recoup expenses incurred from providing
technical assistance goods, or services to non-APHIS personnel, and
to allow transfers of funds for agricultural emergencies.
Agricultural Marketing Service, Limitation on Administrative Ex-
penses.—The bill includes language to allow AMS to exceed the
limitation on administrative expenses by up to 10 percent with no-
tification to the Appropriations Committees.
Agricultural Marketing Service, Inspection and Weighing Serv-
ices.—The bill includes authority to exceed the limitation on inspec-
tion and weighing services by up to 10 percent with notification to
the Appropriations Committees.
Food Safety and Inspection Service.—Language is included to
limit the amount of funds for representational allowances.
Dairy Indemnity Program.—Language is included by reference
that allows the Secretary to utilize the services of the Commodity
Credit Corporation for the purpose of making dairy indemnity pay-
ments.
Agricultural Credit Insurance Fund Program Account.—Lan-
guage is included that deems the pink bollworm a boll weevil for
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the purposes of administering the boll weevil loan program.
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103
Risk Management Agency.—Language is included to limit the
amount of funds for official reception and representation expenses.
Watershed and Flood Prevention Operations.—Language is in-
cluded that limits the application of certain activities in watersheds
of a certain size.
Commodity Credit Corporation Fund.—Language is included to
allow certain funds transferred from the Commodity Credit Cor-
poration to be used for information resource management.
Hazardous Waste Management.—Language is included which
limits the amount of funds that can be spent on operation and
maintenance costs of CCC hazardous waste sites.
Rural Development Salaries and Expenses.—Language is in-
cluded to allow funds to be used for advertising and promotional
activities.
Rental Assistance Program.—Language is included that provides
that agreements entered into during the current fiscal year be
funded for a one-year period. Language also is included to renew
contracts once during any 12-month period.
Rural Electrification and Telecommunications Loans Program Ac-
count.—The bill includes language related to loan rates on renew-
able energy loans.
The Special Supplemental Nutrition Program for Women, Infants,
and Children (WIC).—Language notwithstands section
17(h)(10)(B)(ii) of the Child Nutrition Act of 1966 (42 U.S.C. 17
1786), as it relates to management information systems. Language
is included to purchase infant formula except in accordance with
law and pay for activities that are not fully reimbursed by other
departments or agencies unless authorized by law.
Office of Codex Alimentarius.—Language is included to limit the
amount of funds for official reception and representation expenses.
Foreign Agricultural Service.—Language is included to enable
the agency to use funds received by an advance or by reimburse-
ment to carry out its activities. The bill also limits the amount of
funds for representation expenses.
McGovern-Dole International Food for Education and Child Nu-
trition Program Grants.—Language is included to specify the
amount of funds available to purchase commodities described by
subsection 3107(a)(2) of the Farm Security and Rural Investment
Act of 2002.
Food and Drug Administration, Salaries and Expenses.—Lan-
guage is included to limit the amount of funds for official reception
and representation expenses and to limit the usage of certain user
fees.
FDA Innovation Account.—The bill provides additional transfer
authority.
Commodity Futures Trading Commission.—Language is included
to limit the amount of funds for official reception and representa-
tion expenses. Language is also included to allow the Commission
to record prior year lease obligations and to liquidate certain obli-
gations.
Farm Credit Administration.—The bill includes authority to ex-
ceed the limitation on assessments by 10 percent with notification
to the Appropriations Committees and to allow certain banks to ex-
ceed the statutory cap on export financing.
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General Provisions.—
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Section 701.—The bill includes language regarding passenger
motor vehicles.
Section 702.—The bill includes language regarding the Working
Capital Fund of the Department of Agriculture.
Section 703.—The bill includes language limiting funding pro-
vided in the bill to one year unless otherwise specified.
Section 704.—The bill includes language regarding indirect cost
share.
Section 705.—The bill includes language regarding the avail-
ability of loan funds in Rural Development programs.
Section 706.—The bill includes language regarding new informa-
tion technology systems.
Section 707.—The bill includes language regarding funding avail-
ability in the Agricultural Management Assistance program.
Section 708.—The bill includes language regarding Rural Utili-
ties Service program eligibility.
Section 709.—The bill includes language regarding funds for in-
formation technology expenses for the Farm Service Agency and
the Rural Development mission area.
Section 710.—The bill includes language relating to first-class
airline travel.
Section 711.—The bill includes language regarding the avail-
ability of certain funds of the Commodity Credit Corporation.
Section 712.—The bill includes language regarding funding for
advisory committees.
Section 713.—The bill includes language regarding computer net-
works.
Section 714.—The bill includes language regarding Section 32 ac-
tivities.
Section 715.—The bill includes language regarding user fee pro-
posals without offsets.
Section 716.—The bill includes language regarding the re-
programming of funds and notification requirements.
Section 717.—The bill includes language regarding fees for the
guaranteed business and industry loan program.
Section 718.—The bill includes language regarding the appro-
priations hearing process.
Section 719.—The bill includes language regarding pre-packaged
news stories produced by government agencies.
Section 720.—The bill includes language regarding details and
assignments of Department of Agriculture employees.
Section 721.—The bill includes language regarding eligibility or
level of program assistance for Rural Development programs.
Section 722.—The bill includes language requiring spend plans.
Section 723.—The bill includes language regarding nutrition pro-
grams.
Section 724.—The bill includes language related to population
limits for water and waste programs.
Section 725.—The bill includes language regarding certain USDA
loan program levels.
Section 726.—The bill includes language regarding credit card re-
funds and rebates.
Section 727.—The bill includes language regarding the definition
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of the term ‘‘variety’’ in SNAP.
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Section 728.—The bill includes language regarding the Sec-
retary’s authority with respect to the 502 guaranteed loan pro-
grams.
Section 729.—The bill includes language regarding electronically
available information for prescribing healthcare professionals.
Section 730.—The bill includes language regarding inspections of
certain ARS facilities.
Section 731.—The bill includes language regarding the Food for
Peace program.
Section 733.—The bill includes language related to a Supple-
mental Nutrition Assistance Program final rule.
Section 734.—The bill includes language related to a Supple-
mental Nutrition Assistance Program proposed rule.
Section 735.—The bill includes language related to the Animal
Welfare Act.
Section 736.—The bill includes language regarding U.S. iron and
steel products in public water or wastewater systems.
Section 737.—The bill includes language regarding lobbying.
Section 738.—The bill includes language relating to the use of
raw or processed poultry products from the People’s Republic of
China in various domestic nutrition programs.
Section 739.—The bill includes language related to the Federal
Meat Inspection Act.
Section 740.—The bill includes language related to persistent
poverty counties.
Section 745.—The bill includes language related to investiga-
tional use of drugs or biological products for certain purposes.
Section 746.—The bill includes language related to the growing,
harvesting, packing and holding of certain produce.
Section 747.—The bill includes language related to certain school
food lunch prices.
Section 749.—The bill includes language related to the school
breakfast program.
Section 750.—The bill includes language related to environ-
mental assessment documents.
Section 751.—The bill includes language related to line speed
waivers.
Section 756.—The bill includes language related to contingency
plans for Animal Welfare Act licensees.
Section 759.—The bill includes language related to certain
matching fund requirements.
Section 761.—The bill includes language related to biotechnology
risk assessment research.
Section 769.—The bill includes language related to potable
water.
Section 772.—The bill provides funding for rural broadband.
Section 773.—The bill includes language related to certain reor-
ganizations within the Department of Agriculture.
Section 774.—The bill includes language related to renewable en-
ergy.
Section 775.—The bill includes language changing the due date
of a study.
Section 776.—The bill includes language related to the rural
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broadband program.
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Sec. 777.—The bill includes language related to watershed pro-
grams.
Sec. 779.—The bill includes language related to hemp.
Sec. 782.—The bill includes language related to the ReConnect
program.
Sec. 784.—The bill includes language related to drug recalls.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the
House of Representatives, the following table lists the appropria-
tions in the accompanying bill which are not authorized by law for
the period concerned:
Appropriation
Last year of Authorization Appropriation
Agency or program in last year of
authorization level in this bill
authorization
Farmers’ Market Nutrition Prog. ............ 2015 Such sums $16,548,000 $20,000,000
CNP State Administrative Expenses ...... 2015 Such sums 263,686,000 317,0440,000
Summer Food Service Program .............. 2015 Such sums 495,521,000 551,944,000
WIC ......................................................... 2015 Such sums 6,623,000,000 5,750,000,000
School Breakfast Expansion Grants ...... 2015 Such sums 0 15,000,000
Farm to School Grants ........................... 2015 Such sums 0 12,000,000
Multi-family Revitalization Program ...... 2016 Such sums 28,000,000 30,000,000
Broadband Telecommunications Pro-
gram .................................................. 2016 Such sums 35,000,000 35,000,000
Commodity Futures Trading Commission 2013 Such sums 205,294,000 * 304,000,000
* Reduced by an across the board cut and sequestration to $194,556,000.
COMMITTEE HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the 116th Con-
gress—
The following hearings were used to develop or consider the Agri-
culture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2021:
The Subcommittee held a budget hearing on February 11, 2020,
on the Fiscal Year 2021 budget request for the Department of Agri-
culture Office of Inspector General. The Subcommittee received tes-
timony from:
• Phyllis Fong, Inspector General, USDA
• Ann Coffey, Deputy Inspector General, USDA
• Gil Harden, Assistant Inspector General for Audit, USDA
• Peter P. Paradis, Sr., Acting Assistant Inspector General
for Investigations, USDA Office of Inspector General
The Subcommittee held a budget hearing on February 12, 2020,
on the Fiscal Year 2021 budget request for the Farm Credit Admin-
istration. The Subcommittee received testimony from:
• Glen R. Smith, Chairman and CEO, Farm Credit Adminis-
tration
• Jeffery S. Hall, Chairman, Farm Credit System Insurance
Corporation
The Subcommittee held an oversight hearing on February 27,
2020, on the work of the Office of Inspector General, Department
of Health and Human Services, on the Food and Drug Administra-
tion. The Subcommittee received testimony from:
• Suzanne Murrin, Deputy Inspector General for Evaluation
and Inspections, Department of Health and Human Services,
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Office of Inspector General
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107
The Subcommittee held a hearing on March 3, 2020, entitled
‘‘Member Day.’’ The Subcommittee received testimony from:
• The Honorable Scott Perry, Member of Congress
• The Honorable Jenniffer Gonzalez-Colon, Resident Com-
missioner
• The Honorable Jim Hagedorn, Member of Congress
• The Honorable Kim Schrier, M.D., Member of Congress
• The Honorable Rodney Davis, Member of Congress
The Subcommittee held a budget hearing on March 10, 2020, on
the Department of Agriculture Budget Request for Fiscal Year
2021. The Subcommittee received testimony from:
• The Honorable Sonny Perdue, Secretary, U.S. Department
of Agriculture
• Robert Johansson, Chief Economist, U.S. Department of
Agriculture
• Erica Navarro, Budget Officer, U.S. Department of Agri-
culture
The Subcommittee held a budget hearing on March 11, 2020, on
the Food and Drug Administration Budget Request for FY 2021.
The Subcommittee received testimony from:
• Stephen M. Hahn, M.D., Commissioner, Food and Drug
Administration
COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE)
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
existing law in which no change is proposed is shown in roman):
RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT
* * * * * * *
NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS
SEC. 9. (a)(1)(A) Lunches served by schools participating in the
school lunch program under this Act shall meet minimum nutri-
tional requirements prescribed by the Secretary on the basis of
tested nutritional research, except that the minimum nutritional
requirements—
(i) shall not be construed to prohibit the substitution of foods
to accommodate the medical or other special dietary needs of
individual students; and
(ii) shall, at a minimum, be based on the weekly average of
the nutrient content of school lunches.
(B) The Secretary shall provide technical assistance and training,
including technical assistance and training in the preparation of
lower-fat versions of foods commonly used in the school lunch pro-
gram under this Act, to schools participating in the school lunch
program to assist the schools in complying with the nutritional re-
quirements prescribed by the Secretary pursuant to subparagraph
(A) and in providing appropriate meals to children with medically
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certified special dietary needs. The Secretary shall provide addi-
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108
tional technical assistance to schools that are having difficulty
maintaining compliance with the requirements.
(2) FLUID MILK.—
(A) IN GENERAL.—Lunches served by schools partici-
pating in the school lunch program under this Act—
(i) shall offer students a variety of fluid milk. Such
milk shall be consistent with the most recent Dietary
Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Re-
search Act of 1990 (7 U.S.C. 5341);
(ii) may offer students flavored and unflavored fluid
milk and lactose-free fluid milk; and
(iii) shall provide a substitute for fluid milk for stu-
dents whose disability restricts their diet, on receipt of
a written statement from a licensed physician that
identifies the disability that restricts the student’s diet
and that specifies the substitute for fluid milk.
(B) SUBSTITUTES.—
(i) STANDARDS FOR SUBSTITUTION.—A school may
substitute for the fluid milk provided under subpara-
graph (A), a nondairy beverage that is nutritionally
equivalent to fluid milk and meets nutritional stand-
ards established by the Secretary (which shall, among
other requirements to be determined by the Secretary,
include fortification of calcium, protein, vitamin A, and
vitamin D to levels found in cow’s milk) for students
who cannot consume fluid milk because of a medical
or other special dietary need other than a disability
described in subparagraph (A)(iii).
(ii) NOTICE.—The substitutions may be made if the
school notifies the State agency that the school is im-
plementing a variation allowed under this subpara-
graph, and if the substitution is requested by written
statement of a medical authority or by a student’s par-
ent or legal guardian that identifies the medical or
other special dietary need that restricts the student’s
diet, except that the school shall not be required to
provide beverages other than beverages the school has
identified as acceptable substitutes.
(iii) EXCESS EXPENSES BORNE BY SCHOOL FOOD AU-
THORITY.—Expenses incurred in providing substi-
tutions under this subparagraph that are in excess of
expenses covered by reimbursements under this Act
shall be paid by the school food authority.
(C) RESTRICTIONS ON SALE OF MILK PROHIBITED.—A
school that participates in the school lunch program under
this Act shall not directly or indirectly restrict the sale or
marketing of fluid milk products by the school (or by a per-
son approved by the school) at any time or any place—
(i) on the school premises; or
(ii) at any school-sponsored event.
(3) Students in senior high schools that participate in the school
lunch program under this Act (and, when approved by the local
school district or nonprofit private schools, students in any other
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grade level) shall not be required to accept offered foods they do not
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109
intend to consume, and any such failure to accept offered foods
shall not affect the full charge to the student for a lunch meeting
the requirements of this subsection or the amount of payments
made under this Act to any such school for such lunch.
(4) PROVISION OF INFORMATION.—
(A) GUIDANCE.—Prior to the beginning of the school year
beginning July 2004, the Secretary shall issue guidance to
States and school food authorities to increase the consump-
tion of foods and food ingredients that are recommended
for increased serving consumption in the most recent Die-
tary Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341).
(B) RULES.—Not later than 2 years after the date of en-
actment of this paragraph, the Secretary shall promulgate
rules, based on the most recent Dietary Guidelines for
Americans, that reflect specific recommendations, ex-
pressed in serving recommendations, for increased con-
sumption of foods and food ingredients offered in school
nutrition programs under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.).
(C) PROCUREMENT AND PROCESSING OF FOOD SERVICE
PRODUCTS AND COMMODITIES.—The Secretary shall—
(i) identify, develop, and disseminate to State de-
partments of agriculture and education, school food
authorities, local educational agencies, and local proc-
essing entities, model product specifications and prac-
tices for foods offered in school nutrition programs
under this Act and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) to ensure that the foods reflect the
most recent Dietary Guidelines for Americans pub-
lished under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7
U.S.C. 5341);
(ii) not later than 1 year after the date of enactment
of this subparagraph—
(I) carry out a study to analyze the quantity and
quality of nutritional information available to
school food authorities about food service products
and commodities; and
(II) submit to Congress a report on the results
of the study that contains such legislative rec-
ommendations as the Secretary considers nec-
essary to ensure that school food authorities have
access to the nutritional information needed for
menu planning and compliance assessments; and
(iii) to the maximum extent practicable, in pur-
chasing and processing commodities for use in school
nutrition programs under this Act and the Child Nu-
trition Act of 1966 (42 U.S.C. 1771 et seq.), purchase
the widest variety of healthful foods that reflect the
most recent Dietary Guidelines for Americans.
(5) WATER.—Schools participating in the school lunch pro-
gram under this Act shall make available to children free of
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charge, as nutritionally appropriate, potable water for con-
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110
sumption in the place where meals are served during meal
service.
(b)(1)(A) Not later than June 1 of each fiscal year, the Secretary
shall prescribe income guidelines for determining eligibility for free
and reduced price lunches during the 12-month period beginning
July 1 of such fiscal year and ending June 30 of the following fiscal
year. The income guidelines for determining eligibility for free
lunches shall be 130 percent of the applicable family size income
levels contained in the nonfarm income poverty guidelines pre-
scribed by the Office of Management and Budget, as adjusted an-
nually in accordance with subparagraph (B). The income guidelines
for determining eligibility for reduced price lunches for any school
year shall be 185 percent of the applicable family size income levels
contained in the nonfarm income poverty guidelines prescribed by
the Office of Management and Budget, as adjusted annually in ac-
cordance with subparagraph (B). The Office of Management and
Budget guidelines shall be revised at annual intervals, or at any
shorter interval deemed feasible and desirable.
(B) The revision required by subparagraph (A) of this paragraph
shall be made by multiplying—
(i) the official poverty line (as defined by the Office of Man-
agement and Budget); by
(ii) the percentage change in the Consumer Price Index dur-
ing the annual or other interval immediately preceding the
time at which the adjustment is made.
Revisions under this subparagraph shall be made not more than 30
days after the date on which the consumer price index data re-
quired to compute the adjustment becomes available.
(2)(A) Following the determination by the Secretary under para-
graph (1) of this subsection of the income eligibility guidelines for
each school year, each State educational agency shall announce the
income eligibility guidelines, by family size, to be used by schools
in the State in making determinations of eligibility for free and re-
duced price lunches. Local school authorities shall, each year, pub-
licly announce the income eligibility guidelines for free and reduced
price lunches on or before the opening of school.
(B) APPLICATIONS AND DESCRIPTIVE MATERIAL.—
(i) IN GENERAL.—Applications for free and reduced price
lunches, in such form as the Secretary may prescribe or
approve, and any descriptive material, shall be distributed
to the parents or guardians of children in attendance at
the school, and shall contain only the family size income
levels for reduced price meal eligibility with the expla-
nation that households with incomes less than or equal to
these values would be eligible for free or reduced price
lunches.
(ii) INCOME ELIGIBILITY GUIDELINES.—Forms and de-
scriptive material distributed in accordance with clause (i)
may not contain the income eligibility guidelines for free
lunches.
(iii) CONTENTS OF DESCRIPTIVE MATERIAL.—
(I) IN GENERAL.—Descriptive material distributed in
accordance with clause (i) shall contain a notification
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that—
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111
(aa) participants in the programs listed in sub-
clause (II) may be eligible for free or reduced price
meals; and
(bb) documentation may be requested for
verification of eligibility for free or reduced price
meals.
(II) PROGRAMS.—The programs referred to in sub-
clause (I)(aa) are—
(aa) the special supplemental nutrition program
for women, infants, and children established by
section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786);
(bb) the supplemental nutrition assistance pro-
gram established under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.);
(cc) the food distribution program on Indian res-
ervations established under section 4(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));
and
(dd) a State program funded under the program
of block grants to States for temporary assistance
for needy families established under part A of title
IV of the Social Security Act (42 U.S.C. 601 et
seq.).
(3) HOUSEHOLD APPLICATIONS.—
(A) DEFINITION OF HOUSEHOLD APPLICATION.—In this
paragraph, the term ‘‘household application’’ means an ap-
plication for a child of a household to receive free or re-
duced price school lunches under this Act, or free or re-
duced price school breakfasts under the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), for which an eligi-
bility determination is made other than under paragraph
(4) or (5).
(B) ELIGIBILITY DETERMINATION.—
(i) IN GENERAL.—An eligibility determination shall
be made on the basis of a complete household applica-
tion executed by an adult member of the household or
in accordance with guidance issued by the Secretary.
(ii) ELECTRONIC SIGNATURES AND APPLICATIONS.—A
household application may be executed using an elec-
tronic signature if—
(I) the application is submitted electronically;
and
(II) the electronic application filing system
meets confidentiality standards established by the
Secretary.
(C) CHILDREN IN HOUSEHOLD.—
(i) IN GENERAL.—The household application shall
identify the names of each child in the household for
whom meal benefits are requested.
(ii) SEPARATE APPLICATIONS.—A State educational
agency or local educational agency may not request a
separate application for each child in the household
that attends schools under the same local educational
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agency.
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112
(D) VERIFICATION OF SAMPLE.—
(i) DEFINITIONS.—In this subparagraph:
(I) ERROR PRONE APPLICATION.—The term ‘‘error
prone application’’ means an approved household
application that—
(aa) indicates monthly income that is within
$100, or an annual income that is within
$1,200, of the income eligibility limitation for
free or reduced price meals; or
(bb) in lieu of the criteria established under
item (aa), meets criteria established by the
Secretary.
(II) NON-RESPONSE RATE.—The term ‘‘non-re-
sponse rate’’ means (in accordance with guidelines
established by the Secretary) the percentage of ap-
proved household applications for which
verification information has not been obtained by
a local educational agency after attempted
verification under subparagraphs (F) and (G).
(ii) VERIFICATION OF SAMPLE.—Each school year, a
local educational agency shall verify eligibility of the
children in a sample of household applications ap-
proved for the school year by the local educational
agency, as determined by the Secretary in accordance
with this subsection.
(iii) SAMPLE SIZE.—Except as otherwise provided in
this paragraph, the sample for a local educational
agency for a school year shall equal the lesser of—
(I) 3 percent of all applications approved by the
local educational agency for the school year, as of
October 1 of the school year, selected from error
prone applications; or
(II) 3,000 error prone applications approved by
the local educational agency for the school year, as
of October 1 of the school year.
(iv) ALTERNATIVE SAMPLE SIZE.—
(I) IN GENERAL.—If the conditions described in
subclause (IV) are met, the verification sample
size for a local educational agency shall be the
sample size described in subclause (II) or (III), as
determined by the local educational agency.
(II) 3,000/3 PERCENT OPTION.—The sample size
described in this subclause shall be the lesser of
3,000, or 3 percent of, applications selected at ran-
dom from applications approved by the local edu-
cational agency for the school year, as of October
1 of the school year.
(III) 1,000/1 PERCENT PLUS OPTION.—
(aa) IN GENERAL.—The sample size de-
scribed in this subclause shall be the sum of—
(AA) the lesser of 1,000, or 1 percent of,
all applications approved by the local edu-
cational agency for the school year, as of
October 1 of the school year, selected
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from error prone applications; and
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113
(BB) the lesser of 500, or 1⁄2 of 1 per-
cent of, applications approved by the local
educational agency for the school year, as
of October 1 of the school year, that pro-
vide a case number (in lieu of income in-
formation) showing participation in a pro-
gram described in item (bb) selected from
those approved applications that provide
a case number (in lieu of income informa-
tion) verifying the participation.
(bb) PROGRAMS.—The programs described in
this item are—
(AA) the supplemental nutrition assist-
ance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.);
(BB) the food distribution program on
Indian reservations established under
section 4(b) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b)); and
(CC) a State program funded under the
program of block grants to States for tem-
porary assistance for needy families es-
tablished under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.)
that the Secretary determines complies
with standards established by the Sec-
retary that ensure that the standards
under the State program are comparable
to or more restrictive than those in effect
on June 1, 1995.
(IV) CONDITIONS.—The conditions referred to in
subclause (I) shall be met for a local educational
agency for a school year if—
(aa) the nonresponse rate for the local edu-
cational agency for the preceding school year
is less than 20 percent; or
(bb) the local educational agency has more
than 20,000 children approved by application
by the local educational agency as eligible for
free or reduced price meals for the school
year, as of October 1 of the school year, and—
(AA) the nonresponse rate for the pre-
ceding school year is at least 10 percent
below the nonresponse rate for the second
preceding school year; or
(BB) in the case of the school year be-
ginning July 2005, the local educational
agency attempts to verify all approved
household applications selected for
verification through use of public agency
records from at least 2 of the programs or
sources of information described in sub-
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(v) ADDITIONAL SELECTED APPLICATIONS.—A sample
for a local educational agency for a school year under
clauses (iii) and (iv)(III)(AA) shall include the number
of additional randomly selected approved household
applications that are required to comply with the sam-
ple size requirements in those clauses.
(E) PRELIMINARY REVIEW.—
(i) REVIEW FOR ACCURACY.—
(I) IN GENERAL.—Prior to conducting any other
verification activity for approved household appli-
cations selected for verification, the local edu-
cational agency shall ensure that the initial eligi-
bility determination for each approved household
application is reviewed for accuracy by an indi-
vidual other than the individual making the ini-
tial eligibility determination, unless otherwise de-
termined by the Secretary.
(II) WAIVER.—The requirements of subclause (I)
shall be waived for a local educational agency if
the local educational agency is using a technology-
based solution that demonstrates a high level of
accuracy, to the satisfaction of the Secretary, in
processing an initial eligibility determination in
accordance with the income eligibility guidelines
of the school lunch program.
(ii) CORRECT ELIGIBILITY DETERMINATION.—If the re-
view indicates that the initial eligibility determination
is correct, the local educational agency shall verify the
approved household application.
(iii) INCORRECT ELIGIBILITY DETERMINATION.—If the
review indicates that the initial eligibility determina-
tion is incorrect, the local educational agency shall (as
determined by the Secretary)—
(I) correct the eligibility status of the household;
(II) notify the household of the change;
(III) in any case in which the review indicates
that the household is not eligible for free or re-
duced-price meals, notify the household of the rea-
son for the ineligibility and that the household
may reapply with income documentation for free
or reduced-price meals; and
(IV) in any case in which the review indicates
that the household is eligible for free or reduced-
price meals, verify the approved household appli-
cation.
(F) DIRECT VERIFICATION.—
(i) IN GENERAL.—Subject to clauses (ii) and (iii), to
verify eligibility for free or reduced price meals for ap-
proved household applications selected for verification,
the local educational agency may (in accordance with
criteria established by the Secretary) first obtain and
use income and program participation information
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from a public agency administering—
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(I) the supplemental nutrition assistance pro-
gram established under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.);
(II) the food distribution program on Indian res-
ervations established under section 4(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));
(III) the temporary assistance for needy families
program funded under part A of title IV of the So-
cial Security Act (42 U.S.C. 601 et seq.);
(IV) the State medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.);
or
(V) a similar income-tested program or other
source of information, as determined by the Sec-
retary.
(ii) FREE MEALS.—Public agency records that may be
obtained and used under clause (i) to verify eligibility
for free meals for approved household applications se-
lected for verification shall include the most recent
available information (other than information reflect-
ing program participation or income before the 180-
day period ending on the date of application for free
meals) that is relied on to administer—
(I) a program or source of information described
in clause (i) (other than clause (i)(IV)); or
(II) the State plan for medical assistance under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) in—
(aa) a State in which the income eligibility
limit applied under section 1902(l)(2)(C) of
that Act (42 U.S.C. 1396a(l)(2)(C)) is not more
than 133 percent of the official poverty line
described in section 1902(l)(2)(A) of that Act
(42 U.S.C. 1396a(l)(2)(A)); or
(bb) a State that otherwise identifies house-
holds that have income that is not more than
133 percent of the official poverty line de-
scribed in section 1902(l)(2)(A) of that Act (42
U.S.C. 1396a(l)(2)(A)).
(iii) REDUCED PRICE MEALS.—Public agency records
that may be obtained and used under clause (i) to
verify eligibility for reduced price meals for approved
household applications selected for verification shall
include the most recent available information (other
than information reflecting program participation or
income before the 180-day period ending on the date
of application for reduced price meals) that is relied on
to administer—
(I) a program or source of information described
in clause (i) (other than clause (i)(IV)); or
(II) the State plan for medical assistance under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) in—
(aa) a State in which the income eligibility
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116
that Act (42 U.S.C. 1396a(l)(2)(C)) is not more
than 185 percent of the official poverty line
described in section 1902(l)(2)(A) of that Act
(42 U.S.C. 1396a(l)(2)(A)); or
(bb) a State that otherwise identifies house-
holds that have income that is not more than
185 percent of the official poverty line de-
scribed in section 1902(l)(2)(A) of that Act (42
U.S.C. 1396a(l)(2)(A)).
(iv) EVALUATION.—Not later than 3 years after the
date of enactment of this subparagraph, the Secretary
shall complete an evaluation of—
(I) the effectiveness of direct verification carried
out under this subparagraph in decreasing the
portion of the verification sample that must be
verified under subparagraph (G) while ensuring
that adequate verification information is obtained;
and
(II) the feasibility of direct verification by State
agencies and local educational agencies.
(v) EXPANDED USE OF DIRECT VERIFICATION.—If the
Secretary determines that direct verification signifi-
cantly decreases the portion of the verification sample
that must be verified under subparagraph (G), while
ensuring that adequate verification information is ob-
tained, and can be conducted by most State agencies
and local educational agencies, the Secretary may re-
quire a State agency or local educational agency to im-
plement direct verification through 1 or more of the
programs described in clause (i), as determined by the
Secretary, unless the State agency or local educational
agency demonstrates (under criteria established by the
Secretary) that the State agency or local educational
agency lacks the capacity to conduct, or is unable to
implement, direct verification.
(G) HOUSEHOLD VERIFICATION.—
(i) IN GENERAL.—If an approved household applica-
tion is not verified through the use of public agency
records, a local educational agency shall provide to the
household written notice that—
(I) the approved household application has been
selected for verification; and
(II) the household is required to submit
verification information to confirm eligibility for
free or reduced price meals.
(ii) PHONE NUMBER.—The written notice in clause (i)
shall include a toll-free phone number that parents
and legal guardians in households selected for
verification can call for assistance with the verification
process.
(iii) FOLLOWUP ACTIVITIES.—If a household does not
respond to a verification request, a local educational
agency shall make at least 1 attempt to obtain the
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117
ance with guidelines and regulations promulgated by
the Secretary.
(iv) CONTRACT AUTHORITY FOR SCHOOL FOOD AU-
THORITIES.—A local educational agency may contract
(under standards established by the Secretary) with a
third party to assist the local educational agency in
carrying out clause (iii).
(H) VERIFICATION DEADLINE.—
(i) GENERAL DEADLINE.—
(I) IN GENERAL.—Subject to subclause (II), not
later than November 15 of each school year, a
local educational agency shall complete the
verification activities required for the school year
(including followup activities).
(II) EXTENSION.—Under criteria established by
the Secretary, a State may extend the deadline es-
tablished under subclause (I) for a school year for
a local educational agency to December 15 of the
school year.
(ii) ELIGIBILITY CHANGES.—Based on the verification
activities, the local educational agency shall make ap-
propriate modifications to the eligibility determina-
tions made for household applications in accordance
with criteria established by the Secretary.
(I) LOCAL CONDITIONS.—In the case of a natural disaster,
civil disorder, strike, or other local condition (as deter-
mined by the Secretary), the Secretary may substitute al-
ternatives for—
(i) the sample size and sample selection criteria es-
tablished under subparagraph (D); and
(ii) the verification deadline established under sub-
paragraph (H).
(J) INDIVIDUAL REVIEW.—In accordance with criteria es-
tablished by the Secretary, the local educational agency
may, on individual review—
(i) decline to verify no more than 5 percent of ap-
proved household applications selected under subpara-
graph (D); and
(ii) replace the approved household applications with
other approved household applications to be verified.
(K) FEASIBILITY STUDY.—
(i) IN GENERAL.—The Secretary shall conduct a
study of the feasibility of using computer technology
(including data mining) to reduce—
(I) overcertification errors in the school lunch
program under this Act;
(II) waste, fraud, and abuse in connection with
this paragraph; and
(III) errors, waste, fraud, and abuse in other nu-
trition programs, as determined to be appropriate
by the Secretary.
(ii) REPORT.—Not later than 180 days after the date
of enactment of this paragraph, the Secretary shall
submit to the Committee on Education and the Work-
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force of the House of Representatives and the Com-
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118
mittee on Agriculture, Nutrition, and Forestry of the
Senate a report describing—
(I) the results of the feasibility study conducted
under this subsection;
(II) how a computer system using technology de-
scribed in clause (i) could be implemented;
(III) a plan for implementation; and
(IV) proposed legislation, if necessary, to imple-
ment the system.
(4) DIRECT CERTIFICATION FOR CHILDREN IN SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM HOUSEHOLDS.—
(A) IN GENERAL.—Subject to subparagraph (D), each
State agency shall enter into an agreement with the State
agency conducting eligibility determinations for the sup-
plemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(B) PROCEDURES.—Subject to paragraph (6), the agree-
ment shall establish procedures under which a child who
is a member of a household receiving assistance under the
supplemental nutrition assistance program shall be cer-
tified as eligible for free lunches under this Act and free
breakfasts under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), without further application.
(C) CERTIFICATION.—Subject to paragraph (6), under the
agreement, the local educational agency conducting eligi-
bility determinations for a school lunch program under
this Act and a school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall certify
a child who is a member of a household receiving assist-
ance under the supplemental nutrition assistance program
as eligible for free lunches under this Act and free break-
fasts under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), without further application.
(D) APPLICABILITY.—This paragraph applies to—
(i) in the case of the school year beginning July
2006, a school district that had an enrollment of
25,000 students or more in the preceding school year;
(ii) in the case of the school year beginning July
2007, a school district that had an enrollment of
10,000 students or more in the preceding school year;
and
(iii) in the case of the school year beginning July
2008 and each subsequent school year, each local edu-
cational agency.
(E) PERFORMANCE AWARDS.—
(i) IN GENERAL.—Effective for each of the school
years beginning July 1, 2011, July 1, 2012, and July
1, 2013, the Secretary shall offer performance awards
to States to encourage the States to ensure that all
children eligible for direct certification under this
paragraph are certified in accordance with this para-
graph.
(ii) REQUIREMENTS.—For each school year described
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in clause (i), the Secretary shall—
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119
(I) consider State data from the prior school
year, including estimates contained in the report
required under section 4301 of the Food, Con-
servation, and Energy Act of 2008 (42 U.S.C.
1758a); and
(II) make performance awards to not more than
15 States that demonstrate, as determined by the
Secretary—
(aa) outstanding performance; and
(bb) substantial improvement.
(iii) USE OF FUNDS.—A State agency that receives a
performance award under clause (i)—
(I) shall treat the funds as program income; and
(II) may transfer the funds to school food au-
thorities for use in carrying out the program.
(iv) FUNDING.—
(I) IN GENERAL.—On October 1, 2011, and each
subsequent October 1 through October 1, 2013,
out of any funds in the Treasury not otherwise ap-
propriated, the Secretary of the Treasury shall
transfer to the Secretary—
(aa) $2,000,000 to carry out clause
(ii)(II)(aa); and
(bb) $2,000,000 to carry out clause
(ii)(II)(bb).
(II) RECEIPT AND ACCEPTANCE.—The Secretary
shall be entitled to receive, shall accept, and shall
use to carry out this clause the funds transferred
under subclause (I), without further appropria-
tion.
(v) PAYMENTS NOT SUBJECT TO JUDICIAL REVIEW.—A
determination by the Secretary whether, and in what
amount, to make a performance award under this sub-
paragraph shall not be subject to administrative or ju-
dicial review.
(F) CONTINUOUS IMPROVEMENT PLANS.—
(i) DEFINITION OF REQUIRED PERCENTAGE.—In this
subparagraph, the term ‘‘required percentage’’
means—
(I) for the school year beginning July 1, 2011, 80
percent;
(II) for the school year beginning July 1, 2012,
90 percent; and
(III) for the school year beginning July 1, 2013,
and each school year thereafter, 95 percent.
(ii) REQUIREMENTS.—Each school year, the Secretary
shall—
(I) identify, using data from the prior year, in-
cluding estimates contained in the report required
under section 4301 of the Food, Conservation, and
Energy Act of 2008 (42 U.S.C. 1758a), States that
directly certify less than the required percentage
of the total number of children in the State who
are eligible for direct certification under this para-
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(II) require the States identified under sub-
clause (I) to implement a continuous improvement
plan to fully meet the requirements of this para-
graph, which shall include a plan to improve di-
rect certification for the following school year; and
(III) assist the States identified under subclause
(I) to develop and implement a continuous im-
provement plan in accordance with subclause (II).
(iii) FAILURE TO MEET PERFORMANCE STANDARD.—
(I) IN GENERAL.—A State that is required to de-
velop and implement a continuous improvement
plan under clause (ii)(II) shall be required to sub-
mit the continuous improvement plan to the Sec-
retary, for the approval of the Secretary.
(II) REQUIREMENTS.—At a minimum, a contin-
uous improvement plan under subclause (I) shall
include—
(aa) specific measures that the State will
use to identify more children who are eligible
for direct certification, including improve-
ments or modifications to technology, informa-
tion systems, or databases;
(bb) a timeline for the State to implement
those measures; and
(cc) goals for the State to improve direct
certification results.
(G) WITHOUT FURTHER APPLICATION.—
(i) IN GENERAL.—In this paragraph, the term ‘‘with-
out further application’’ means that no action is re-
quired by the household of the child.
(ii) CLARIFICATION.—A requirement that a household
return a letter notifying the household of eligibility for
direct certification or eligibility for free school meals
does not meet the requirements of clause (i).
(5) DISCRETIONARY CERTIFICATION.—Subject to paragraph (6),
any local educational agency may certify any child as eligible
for free lunches or breakfasts, without further application, by
directly communicating with the appropriate State or local
agency to obtain documentation of the status of the child as—
(A) a member of a family that is receiving assistance
under the temporary assistance for needy families program
funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.) that the Secretary determines com-
plies with standards established by the Secretary that en-
sure that the standards under the State program are com-
parable to or more restrictive than those in effect on June
1, 1995;
(B) a homeless child or youth (defined as 1 of the indi-
viduals described in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2));
(C) served by the runaway and homeless youth grant
program established under the Runaway and Homeless
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Youth Act (42 U.S.C. 5701 et seq.);
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(D) a migratory child (as defined in section 1309 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6399)); or
(E)(i) a foster child whose care and placement is the re-
sponsibility of an agency that administers a State plan
under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
(ii) a foster child who a court has placed with a care-
taker household.
(6) USE OR DISCLOSURE OF INFORMATION.—
(A) IN GENERAL.—The use or disclosure of any informa-
tion obtained from an application for free or reduced price
meals, or from a State or local agency referred to in para-
graph (3)(F), (4), or (5), shall be limited to—
(i) a person directly connected with the administra-
tion or enforcement of this Act or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.) (including a regu-
lation promulgated under either Act);
(ii) a person directly connected with the administra-
tion or enforcement of—
(I) a Federal education program;
(II) a State health or education program admin-
istered by the State or local educational agency
(other than a program carried out under title XIX
or XXI of the Social Security Act (42 U.S.C. 1396
et seq.; 42 U.S.C. 1397aa et seq.)); or
(III) a Federal, State, or local means-tested nu-
trition program with eligibility standards com-
parable to the school lunch program under this
Act;
(iii)(I) the Comptroller General of the United States
for audit and examination authorized by any other
provision of law; and
(II) notwithstanding any other provision of law, a
Federal, State, or local law enforcement official for the
purpose of investigating an alleged violation of any
program covered by this paragraph or paragraph
(3)(F), (4), or (5);
(iv) a person directly connected with the administra-
tion of the State medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.) or the
State children’s health insurance program under title
XXI of that Act (42 U.S.C. 1397aa et seq.) solely for
the purposes of—
(I) identifying children eligible for benefits
under, and enrolling children in, those programs,
except that this subclause shall apply only to the
extent that the State and the local educational
agency or school food authority so elect; and
(II) verifying the eligibility of children for pro-
grams under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.); and
(v) a third party contractor described in paragraph
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(B) LIMITATION ON INFORMATION PROVIDED.—Information
provided under clause (ii) or (v) of subparagraph (A) shall
be limited to the income eligibility status of the child for
whom application for free or reduced price meal benefits is
made or for whom eligibility information is provided under
paragraph (3)(F), (4), or (5), unless the consent of the par-
ent or guardian of the child for whom application for bene-
fits was made is obtained.
(C) CRIMINAL PENALTY.—A person described in subpara-
graph (A) who publishes, divulges, discloses, or makes
known in any manner, or to any extent not authorized by
Federal law (including a regulation), any information ob-
tained under this subsection shall be fined not more than
$1,000 or imprisoned not more than 1 year, or both.
(D) REQUIREMENTS FOR WAIVER OF CONFIDENTIALITY.—A
State that elects to exercise the option described in sub-
paragraph (A)(iv)(I) shall ensure that any local educational
agency or school food authority acting in accordance with
that option—
(i) has a written agreement with 1 or more State or
local agencies administering health programs for chil-
dren under titles XIX and XXI of the Social Security
Act (42 U.S.C. 1396 et seq. and 1397aa et seq.) that
requires the health agencies to use the information ob-
tained under subparagraph (A) to seek to enroll chil-
dren in those health programs; and
(ii)(I) notifies each household, the information of
which shall be disclosed under subparagraph (A), that
the information disclosed will be used only to enroll
children in health programs referred to in subpara-
graph (A)(iv); and
(II) provides each parent or guardian of a child in
the household with an opportunity to elect not to have
the information disclosed.
(E) USE OF DISCLOSED INFORMATION.—A person to which
information is disclosed under subparagraph (A)(iv)(I)
shall use or disclose the information only as necessary for
the purpose of enrolling children in health programs re-
ferred to in subparagraph (A)(iv).
(7) FREE AND REDUCED PRICE POLICY STATEMENT.—
(A) IN GENERAL.—After the initial submission, a local
educational agency shall not be required to submit a free
and reduced price policy statement to a State educational
agency under this Act unless there is a substantive change
in the free and reduced price policy of the local educational
agency.
(B) ROUTINE CHANGE.—A routine change in the policy of
a local educational agency (such as an annual adjustment
of the income eligibility guidelines for free and reduced
price meals) shall not be sufficient cause for requiring the
local educational agency to submit a policy statement.
(8) COMMUNICATIONS.—
(A) IN GENERAL.—Any communication with a household
under this subsection or subsection (d) shall be in an un-
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123
tent practicable, in a language that parents and legal
guardians can understand.
(B) ELECTRONIC AVAILABILITY.—In addition to the dis-
tribution of applications and descriptive material in paper
form as provided for in this paragraph, the applications
and material may be made available electronically via the
Internet.
(9) ELIGIBILITY FOR FREE AND REDUCED PRICE LUNCHES.—
(A) FREE LUNCHES.—Any child who is a member of a
household whose income, at the time the application is
submitted, is at an annual rate which does not exceed the
applicable family size income level of the income eligibility
guidelines for free lunches, as determined under para-
graph (1), shall be served a free lunch.
(B) REDUCED PRICE LUNCHES.—
(i) IN GENERAL.—Any child who is a member of a
household whose income, at the time the application is
submitted, is at an annual rate greater than the appli-
cable family size income level of the income eligibility
guidelines for free lunches, as determined under para-
graph (1), but less than or equal to the applicable fam-
ily size income level of the income eligibility guidelines
for reduced price lunches, as determined under para-
graph (1), shall be served a reduced price lunch.
(ii) MAXIMUM PRICE.—The price charged for a re-
duced price lunch shall not exceed 40 cents.
(C) DURATION.—Except as otherwise specified in para-
graph (3)(E), (3)(H)(ii), and section 11(a), eligibility for free
or reduced price meals for any school year shall remain in
effect—
(i) beginning on the date of eligibility approval for
the current school year; and
(ii) ending on a date during the subsequent school
year determined by the Secretary.
(10) No physical segregation of or other discrimination against
any child eligible for a free lunch or a reduced price lunch under
this subsection shall be made by the school nor shall there be any
overt identification of any child by special tokens or tickets, an-
nounced or published list of names, or by other means.
(11) Any child who has a parent or guardian who (A) is respon-
sible for the principal support of such child and (B) is unemployed
shall be served a free or reduced price lunch, respectively, during
any period (i) in which such child’s parent or guardian continues
to be unemployed and (ii) the income of the child’s parents or
guardians during such period of unemployment falls within the in-
come eligibility criteria for free lunches or reduced price lunches,
respectively, based on the current rate of income of such parents
or guardians. Local educational agencies shall publicly announce
that such children are eligible for free or reduced price lunch, and
shall make determinations with respect to the status of any parent
or guardian of any child under clauses (A) and (B) of the preceding
sentence on the basis of a statement executed in such form as the
Secretary may prescribe by such parent or guardian. No physical
segregation of, or other discrimination against, any child eligible
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for a free or reduced price lunch under this paragraph shall be
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124
made by the school nor shall there be any overt identification of
any such child by special tokens or tickets, announced or published
lists of names, or by any other means.
(12)(A) A child shall be considered automatically eligible for a
free lunch and breakfast under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), respectively, without further
application or eligibility determination, if the child is—
(i) a member of a household receiving assistance under the
supplemental nutrition assistance program authorized under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(ii) a member of a family (under the State program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.)) that the Secretary determines complies with
standards established by the Secretary that ensure that the
standards under the State program are comparable to or more
restrictive than those in effect on June 1, 1995;
(iii) enrolled as a participant in a Head Start program au-
thorized under the Head Start Act (42 U.S.C. 9831 et seq.), on
the basis of a determination that the child meets the eligibility
criteria prescribed under section 645(a)(1)(B) of the Head Start
Act (42 U.S.C. 9840(a)(1)(B));
(iv) a homeless child or youth (defined as 1 of the indi-
viduals described in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2)));
(v) served by the runaway and homeless youth grant
program established under the Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.);
(vi) a migratory child (as defined in section 1309 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6399)); or
(vii)(I) a foster child whose care and placement is the re-
sponsibility of an agency that administers a State plan
under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq.); or
(II) a foster child who a court has placed with a
caretaker household.
(B) Proof of receipt of supplemental nutrition assistance program
benefits or assistance under the State program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) that
the Secretary determines complies with standards established by
the Secretary that ensure that the standards under the State pro-
gram are comparable to or more restrictive than those in effect on
June 1, 1995, or of enrollment or participation in a Head Start pro-
gram on the basis described in subparagraph (A)(iii), shall be suffi-
cient to satisfy any verification requirement imposed under this
subsection.
(13) EXCLUSION OF CERTAIN MILITARY HOUSING ALLOW-
ANCES.—The amount of a basic allowance provided under sec-
tion 403 of title 37, United States Code, on behalf of a member
of a uniformed service for housing that is acquired or con-
structed under subchapter IV of chapter 169 of title 10, United
States Code, or any related provision of law, shall not be con-
sidered to be income for the purpose of determining the eligi-
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bility of a child who is a member of the household of the mem-
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125
ber of a uniformed service for free or reduced price lunches
under this Act.
(14) COMBAT PAY.—
(A) DEFINITION OF COMBAT PAY.—In this paragraph, the
term ‘‘combat pay’’ means any additional payment under
chapter 5 of title 37, United States Code, or otherwise des-
ignated by the Secretary to be appropriate for exclusion
under this paragraph, that is received by or from a mem-
ber of the United States Armed Forces deployed to a des-
ignated combat zone, if the additional pay—
(i) is the result of deployment to or service in a com-
bat zone; and
(ii) was not received immediately prior to serving in
a combat zone.
(B) EXCLUSION.—Combat pay shall not be considered to
be income for the purpose of determining the eligibility for
free or reduced price meals of a child who is a member of
the household of a member of the United States Armed
Forces.
(15) DIRECT CERTIFICATION FOR CHILDREN RECEIVING MED-
ICAID BENEFITS.—
(A) DEFINITIONS.—In this paragraph:
(i) ELIGIBLE CHILD.—The term ‘‘eligible child’’ means
a child—
(I)(aa) who is eligible for and receiving medical
assistance under the Medicaid program; and
(bb) who is a member of a family with an in-
come as measured by the Medicaid program before
the application of any expense, block, or other in-
come disregard, that does not exceed 133 percent
of the poverty line (as defined in section 673(2) of
the Community Services Block Grant Act (42
U.S.C. 9902(2), including any revision required by
such section)) applicable to a family of the size
used for purposes of determining eligibility for the
Medicaid program; or
(II) who is a member of a household (as that
term is defined in section 245.2 of title 7, Code of
Federal Regulations (or successor regulations)
with a child described in subclause (I).
(ii) MEDICAID PROGRAM.—The term ‘‘Medicaid pro-
gram’’ means the program of medical assistance estab-
lished under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(B) DEMONSTRATION PROJECT.—
(i) IN GENERAL.—The Secretary, acting through the
Administrator of the Food and Nutrition Service and
in cooperation with selected State agencies, shall con-
duct a demonstration project in selected local edu-
cational agencies to determine whether direct certifi-
cation of eligible children is an effective method of cer-
tifying children for free lunches and breakfasts under
section 9(b)(1)(A) of this Act and section 4(e)(1)(A) of
the Child Nutrition Act of 1966 (42 U.S.C.
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1773(e)(1)(A)).
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(ii) SCOPE OF PROJECT.—The Secretary shall carry
out the demonstration project under this subpara-
graph—
(I) for the school year beginning July 1, 2012, in
selected local educational agencies that collec-
tively serve 2.5 percent of students certified for
free and reduced price meals nationwide, based on
the most recent available data;
(II) for the school year beginning July 1, 2013,
in selected local educational agencies that collec-
tively serve 5 percent of students certified for free
and reduced price meals nationwide, based on the
most recent available data; and
(III) for the school year beginning July 1, 2014,
and each subsequent school year, in selected local
educational agencies that collectively serve 10 per-
cent of students certified for free and reduced
price meals nationwide, based on the most recent
available data.
(iii) PURPOSES OF THE PROJECT.—At a minimum, the
purposes of the demonstration project shall be—
(I) to determine the potential of direct certifi-
cation with the Medicaid program to reach chil-
dren who are eligible for free meals but not cer-
tified to receive the meals;
(II) to determine the potential of direct certifi-
cation with the Medicaid program to directly cer-
tify children who are enrolled for free meals based
on a household application; and
(III) to provide an estimate of the effect on Fed-
eral costs and on participation in the school lunch
program under this Act and the school breakfast
program established by section 4 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1773) of direct cer-
tification with the Medicaid program.
(iv) COST ESTIMATE.—For each of 2 school years of
the demonstration project, the Secretary shall esti-
mate the cost of the direct certification of eligible chil-
dren for free school meals through data derived from—
(I) the school meal programs authorized under
this Act and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.);
(II) the Medicaid program; and
(III) interviews with a statistically representa-
tive sample of households.
(C) AGREEMENT.—
(i) IN GENERAL.—Not later than July 1 of the first
school year during which a State agency will partici-
pate in the demonstration project, the State agency
shall enter into an agreement with the 1 or more State
agencies conducting eligibility determinations for the
Medicaid program.
(ii) WITHOUT FURTHER APPLICATION.—Subject to
paragraph (6), the agreement described in subpara-
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graph (D) shall establish procedures under which an
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127
eligible child shall be certified for free lunches under
this Act and free breakfasts under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773), without
further application (as defined in paragraph (4)(G)).
(D) CERTIFICATION.—For the school year beginning on
July 1, 2012, and each subsequent school year, subject to
paragraph (6), the local educational agencies participating
in the demonstration project shall certify an eligible child
as eligible for free lunches under this Act and free break-
fasts under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), without further application (as defined in
paragraph (4)(G)).
(E) SITE SELECTION.—
(i) IN GENERAL.—To be eligible to participate in the
demonstration project under this subsection, a State
agency shall submit to the Secretary an application at
such time, in such manner, and containing such infor-
mation as the Secretary may require.
(ii) CONSIDERATIONS.—In selecting States and local
educational agencies for participation in the dem-
onstration project, the Secretary may take into consid-
eration such factors as the Secretary considers to be
appropriate, which may include—
(I) the rate of direct certification;
(II) the share of individuals who are eligible for
benefits under the supplemental nutrition assist-
ance program established under the Food and Nu-
trition Act of 2008 (7 U.S.C. 2011 et seq.) who par-
ticipate in the program, as determined by the Sec-
retary;
(III) the income eligibility limit for the Medicaid
program;
(IV) the feasibility of matching data between
local educational agencies and the Medicaid pro-
gram;
(V) the socioeconomic profile of the State or
local educational agencies; and
(VI) the willingness of the State and local edu-
cational agencies to comply with the requirements
of the demonstration project.
(F) ACCESS TO DATA.—For purposes of conducting the
demonstration project under this paragraph, the Secretary
shall have access to—
(i) educational and other records of State and local
educational and other agencies and institutions receiv-
ing funding or providing benefits for 1 or more pro-
grams authorized under this Act or the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.); and
(ii) income and program participation information
from public agencies administering the Medicaid pro-
gram.
(G) REPORT TO CONGRESS.—
(i) IN GENERAL.—Not later than October 1, 2014, the
Secretary shall submit to the Committee on Education
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and Labor of the House of Representatives and the
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128
Committee on Agriculture, Nutrition, and Forestry of
the Senate, an interim report that describes the re-
sults of the demonstration project required under this
paragraph.
(ii) FINAL REPORT.—Not later than October 1, 2015,
the Secretary shall submit a final report to the com-
mittees described in clause (i).
(H) FUNDING.—
(i) IN GENERAL.—On October 1, 2010, out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Sec-
retary to carry out subparagraph (G) $5,000,000, to re-
main available until expended.
(ii) RECEIPT AND ACCEPTANCE.—The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out subparagraph (G) the funds transferred
under clause (i), without further appropriation.
(c) School lunch programs under this Act shall be operated on a
nonprofit basis. Commodities purchased under the authority of sec-
tion 32 of the Act of August 24, 1935, may be donated by the Sec-
retary to schools, in accordance with the needs as determined by
local school authorities, for utilization in the school lunch program
under this Act as well as to other schools carrying out nonprofit
school lunch programs and institutions authorized to receive such
commodities. The requirements of this section relating to the serv-
ice of meals without cost or at a reduced cost shall apply to the
lunch program of any school utilizing commodities donated under
any provision of law.
(d)(1) The Secretary shall require as a condition of eligibility for
receipt of free or reduced price lunches that the member of the
household who executes the application furnish the last 4 digits of
the social security account number of the parent or guardian who
is the primary wage earner responsible for the care of the child for
whom the application is made, or that of another appropriate adult
member of the child’s household, as determined by the Secretary.
(2) No member of a household may be provided a free or reduced
price lunch under this Act unless—
(A) appropriate documentation relating to the income of such
household (as prescribed by the Secretary) has been provided
to the appropriate local educational agency so that the local
educational agency may calculate the total income of such
household;
(B) documentation showing that the household is partici-
pating in the supplemental nutrition assistance program under
the Food and Nutrition Act of 2008 has been provided to the
appropriate local educational agency;
(C) documentation has been provided to the appropriate local
educational agency showing that the family is receiving assist-
ance under the State program funded under part A of title IV
of the Social Security Act that the Secretary determines com-
plies with standards established by the Secretary that ensure
that the standards under the State program are comparable to
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129
(D) documentation has been provided to the appropriate local
educational agency showing that the child meets the criteria
specified in clauses (iv) or (v) of subsection (b)(12)(A);
(E) documentation has been provided to the appropriate local
educational agency showing the status of the child as a migra-
tory child (as defined in section 1309 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6399));
(F)(i) documentation has been provided to the appropriate
local educational agency showing the status of the child as a
foster child whose care and placement is the responsibility of
an agency that administers a State plan under part B or E of
title IV of the Social Security Act (42 U.S.C. 621 et seq.); or
(ii) documentation has been provided to the appropriate
local educational agency showing the status of the child as
a foster child who a court has placed with a caretaker
household; or
(G) documentation has been provided to the appropriate local
educational agency showing the status of the child as an eligi-
ble child (as defined in subsection (b)(15)(A)).
(e) A school or school food authority participating in a program
under this Act may not contract with a food service company to
provide a la carte food service unless the company agrees to offer
free, reduced price, and full-price reimbursable meals to all eligible
children.
(f) NUTRITIONAL REQUIREMENTS.—
(1) IN GENERAL.—Schools that are participating in the school
lunch program or school breakfast program shall serve lunches
and breakfasts that—
(A) are consistent with the goals of the most recent Die-
tary Guidelines for Americans published under section 301
of the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341); and
(B) consider the nutrient needs of children who may be
at risk for inadequate food intake and food insecurity.
(2) To assist schools in meeting the requirements of this sub-
section, the Secretary—
(A) shall—
(i) develop, and provide to schools, standardized recipes,
menu cycles, and food product specification and prepara-
tion techniques; and
(ii) provide to schools information regarding nutrient
standard menu planning, assisted nutrient standard menu
planning, and food-based menu systems; and
(B) may provide to schools information regarding other ap-
proaches, as determined by the Secretary.
(3) USE OF ANY REASONABLE APPROACH.—
(A) IN GENERAL.—A school food service authority may use
any reasonable approach, within guidelines established by the
Secretary in a timely manner, to meet the requirements of this
subsection, including—
(i) using the school nutrition meal pattern in effect for
the 1994–1995 school year; and
(ii) using any of the approaches described in paragraph
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(3).
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(B) NUTRIENT ANALYSIS.—The Secretary may not require a
school to conduct or use a nutrient analysis to meet the re-
quirements of this subsection.
(4) WAIVER OF REQUIREMENT FOR WEIGHTED AVERAGES FOR
NUTRIENT ANALYSIS.—During the period ending on September
30, 2010, the Secretary shall not require the use of weighted
averages for nutrient analysis of menu items and foods offered
or served as part of a meal offered or served under the school
lunch program under this Act or the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
(g) Not later than 1 year after the date of enactment of this sub-
section, the Secretary shall provide a notification to Congress that
justifies the need for production records required under section
210.10(b) of title 7, Code of Federal Regulations, and describes how
the Secretary has reduced paperwork relating to the school lunch
and school breakfast programs.
(h) FOOD SAFETY.—
(1) IN GENERAL.—A school participating in the school lunch
program under this Act or the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
shall—
(A) at least twice during each school year, obtain a food
safety inspection conducted by a State or local govern-
mental agency responsible for food safety inspections;
(B) post in a publicly visible location a report on the
most recent inspection conducted under subparagraph (A);
and
(C) on request, provide a copy of the report to a member
of the public.
(2) STATE AND LOCAL GOVERNMENT INSPECTIONS.—Nothing in
paragraph (1) prevents any State or local government from
adopting or enforcing any requirement for more frequent food
safety inspections of schools.
(3) AUDITS AND REPORTS BY STATES.—øFor fiscal year 2020¿
For fiscal year 2021, each State shall annually—
(A) audit food safety inspections of schools conducted
under paragraphs (1) and (2); and
(B) submit to the Secretary a report of the results of the
audit.
(4) AUDIT BY THE SECRETARY.—øFor fiscal year 2020¿ For fis-
cal year 2021, the Secretary shall annually audit State reports
of food safety inspections of schools submitted under paragraph
(3).
(5) SCHOOL FOOD SAFETY PROGRAM.—
(A) IN GENERAL.—Each school food authority shall imple-
ment a school food safety program, in the preparation and
service of each meal served to children, that complies with
any hazard analysis and critical control point system es-
tablished by the Secretary.
(B) APPLICABILITY.—Subparagraph (A) shall apply to any
facility or part of a facility in which food is stored, pre-
pared, or served for the purposes of the school nutrition
programs under this Act or section 4 of the Child Nutrition
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Act of 1966 (42 U.S.C. 1773).
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131
(i) SINGLE PERMANENT AGREEMENT BETWEEN STATE AGENCY AND
SCHOOL FOOD AUTHORITY; COMMON CLAIMS FORM.—
(1) IN GENERAL.—If a single State agency administers any
combination of the school lunch program under this Act, the
school breakfast program under section 4 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1773), the summer food service pro-
gram for children under section 13 of this Act, or the child and
adult care food program under section 17 of this Act, the agen-
cy shall—
(A) require each school food authority to submit to the
State agency a single agreement with respect to the oper-
ation by the authority of the programs administered by the
State agency; and
(B) use a common claims form with respect to meals and
supplements served under the programs administered by
the State agency.
(2) ADDITIONAL REQUIREMENT.—The agreement described in
paragraph (1)(A) shall be a permanent agreement that may be
amended as necessary.
(j) PURCHASES OF LOCALLY PRODUCED FOODS.—The Secretary
shall—
(1) encourage institutions receiving funds under this Act and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to pur-
chase unprocessed agricultural products, both locally grown
and locally raised, to the maximum extent practicable and ap-
propriate;
(2) advise institutions participating in a program described
in paragraph (1) of the policy described in that paragraph and
paragraph (3) and post information concerning the policy on
the website maintained by the Secretary; and
(3) allow institutions receiving funds under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), including
the Department of Defense Fresh Fruit and Vegetable Pro-
gram, to use a geographic preference for the procurement of
unprocessed agricultural products, both locally grown and lo-
cally raised.
(k) INFORMATION ON THE SCHOOL NUTRITION ENVIRONMENT.—
(1) IN GENERAL.—The Secretary shall—
(A) establish requirements for local educational agencies
participating in the school lunch program under this Act
and the school breakfast program established by section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773) to re-
port information about the school nutrition environment,
for all schools under the jurisdiction of the local edu-
cational agencies, to the Secretary and to the public in the
State on a periodic basis; and
(B) provide training and technical assistance to States
and local educational agencies on the assessment and re-
porting of the school nutrition environment, including the
use of any assessment materials developed by the Sec-
retary.
(2) REQUIREMENTS.—In establishing the requirements for re-
porting on the school nutrition environment under paragraph
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(1), the Secretary shall—
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132
(A) include information pertaining to food safety inspec-
tions, local wellness policies, meal program participation,
the nutritional quality of program meals, and other infor-
mation as determined by the Secretary; and
(B) ensure that information is made available to the
public by local educational agencies in an accessible, easily
understood manner in accordance with guidelines estab-
lished by the Secretary.
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this subsection such sums
as are necessary for each of fiscal years 2011 through 2015.
(l) FOOD DONATION PROGRAM.—
(1) IN GENERAL.—Each school and local educational agency
participating in the school lunch program under this Act may
donate any food not consumed under such program to eligible
local food banks or charitable organizations.
(2) GUIDANCE.—
(A) IN GENERAL.—Not later than 180 days after the date
of the enactment of this subsection, the Secretary shall de-
velop and publish guidance to schools and local edu-
cational agencies participating in the school lunch program
under this Act to assist such schools and local educational
agencies in donating food under this subsection.
(B) UPDATES.—The Secretary shall update such guidance
as necessary.
(3) LIABILITY.—Any school or local educational agency mak-
ing donations pursuant to this subsection shall be exempt from
civil and criminal liability to the extent provided under the Bill
Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791).
(4) DEFINITION.—In this subsection, the term ‘‘eligible local
food banks or charitable organizations’’ means any food bank
or charitable organization which is exempt from tax under sec-
tion 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)).
* * * * * * *
SEC. 26. INFORMATION CLEARINGHOUSE.
(a) IN GENERAL.—The Secretary shall enter into a contract with
a nongovernmental organization described in subsection (b) to es-
tablish and maintain a clearinghouse to provide information to
nongovernmental groups located throughout the United States that
assist low-income individuals or communities regarding food assist-
ance, self-help activities to aid individuals in becoming self-reliant,
and other activities that empower low-income individuals or com-
munities to improve the lives of low-income individuals and reduce
reliance on Federal, State, or local governmental agencies for food
or other assistance.
(b) NONGOVERNMENTAL ORGANIZATION.—The nongovernmental
organization referred to in subsection (a) shall be selected on a
competitive basis and shall—
(1) be experienced in the gathering of first-hand information
in all the States through onsite visits to grassroots organiza-
tions in each State that fight hunger and poverty or that assist
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individuals in becoming self-reliant;
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(2) be experienced in the establishment of a clearinghouse
similar to the clearinghouse described in subsection (a);
(3) agree to contribute in-kind resources towards the estab-
lishment and maintenance of the clearinghouse and agree to
provide clearinghouse information, free of charge, to the Sec-
retary, States, counties, cities, antihunger groups, and grass-
roots organizations that assist individuals in becoming self-suf-
ficient and self-reliant;
(4) be sponsored by an organization, or be an organization,
that—
(A) has helped combat hunger for at least 10 years;
(B) is committed to reinvesting in the United States; and
(C) is knowledgeable regarding Federal nutrition pro-
grams;
(5) be experienced in communicating the purpose of the
clearinghouse through the media, including the radio and print
media, and be able to provide access to the clearinghouse infor-
mation through computer or telecommunications technology, as
well as through the mails; and
(6) be able to provide examples, advice, and guidance to
States, counties, cities, communities, antihunger groups, and
local organizations regarding means of assisting individuals
and communities to reduce reliance on government programs,
reduce hunger, improve nutrition, and otherwise assist low-in-
come individuals and communities become more self-sufficient.
(c) AUDITS.—The Secretary shall establish fair and reasonable
auditing procedures regarding the expenditures of funds to carry
out this section.
(d) FUNDING.—Out of any moneys in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall pay to the Sec-
retary to provide to the organization selected under this section, to
establish and maintain the information clearinghouse, $200,000 for
each of fiscal years 1995 and 1996, $150,000 for fiscal year 1997,
$100,000 for fiscal year 1998, $166,000 for each of fiscal years 1999
through 2004, and $250,000 for each of fiscal years ø2010 through
2021¿ 2010 through 2022. The Secretary shall be entitled to receive
the funds and shall accept the funds, without further appropria-
tion.
* * * * * * *
FOOD AND NUTRITION ACT OF 2008
* * * * * * *
APPROVAL OF RETAIL FOOD STORES AND WHOLESALE FOOD CONCERNS
SEC. 9.
(a) AUTHORIZATION TO ACCEPT AND REDEEM BENEFITS.—
(1) APPLICATION.—
(A) IN GENERAL.—Regulations issued pursuant to this
Act shall provide for the submission of applications for ap-
proval by retail food stores and wholesale food concerns
which desire to be authorized to accept and redeem bene-
fits under the supplemental nutrition assistance program
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and for the approval of those applicants whose participa-
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tion will effectuate the purposes of the supplemental nutri-
tion assistance program.
(B) FACTORS FOR CONSIDERATION.—In determining the
qualifications of applicants, there shall be considered
among such other factors as may be appropriate, the fol-
lowing:
(i) the nature and extent of the food business con-
ducted by the applicant;
(ii) the volume of benefit transactions which may
reasonably be expected to be conducted by the appli-
cant food store or wholesale food concern;
(iii) whether the applicant is located in an area with
significantly limited access to food;
(iv) any information, if available, about the abilityof
the anticipated or existing electronic benefit
transferequipment and service provider of the appli-
cant toprovide sufficient information through the
electronicbenefit transfer system to minimize the risk
of fraudulenttransactions; and
(v) the business integrity and reputation of the ap-
plicant.
(C) CERTIFICATE.—Approval of an applicant shall be evi-
denced by the issuance to such applicant of a nontransfer-
able certificate of approval.
(D) VISIT REQUIRED.—No retail food store or wholesale
food concern of a type determined by the Secretary, based
on factors that include size, location, and type of items
sold, shall be approved to be authorized or reauthorized for
participation in the supplemental nutrition assistance pro-
gram unless an authorized employee of the Department of
Agriculture, a designee of the Secretary, or, if practicable,
an official of the State or local government designated by
the Secretary has visited the store or concern for the pur-
pose of determining whether the store or concern should be
approved or reauthorized, as appropriate.
(2) The Secretary shall issue regulations providing for—
(A) the periodic reauthorization of retail food stores and
wholesale food concerns; and
(B) periodic notice to participating retail food stores and
wholesale food concerns of the definitions of ‘‘retail food store’’,
‘‘staple foods’’, ‘‘eligible foods’’, and ‘‘perishable foods’’.
(3) AUTHORIZATION PERIODS.—The Secretary shall establish spe-
cific time periods during which authorization to accept and redeem
benefits shall be valid under the supplemental nutrition assistance
program.
(4) ELECTRONIC BENEFIT TRANSFER EQUIPMENT AND SERVICE
PROVIDERS.—Before implementing clause (iv) of paragraph
(1)(B), the Secretary shall issue guidance for retail food stores
on how to select electronic benefit transfer equipment and
service providers that are able to meet the requirements of
that clause.
(b)(1) No wholesale food concern may be authorized to accept and
redeem benefits unless the Secretary determines that its participa-
tion is required for the effective and efficient operation of the sup-
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plemental nutrition assistance program. No co-located wholesale-
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135
retail food concern may be authorized to accept and redeem bene-
fits as a retail food store, unless (A) the concern does a substantial
level of retail food business, or (B) the Secretary determines that
failure to authorize such a food concern as a retail food store would
cause hardship to households that receive supplemental nutrition
assistance program benefits. In addition, no firm may be author-
ized to accept and redeem benefits as both a retail food store and
as a wholesale food concern at the same time.
(2)(A) A buyer or transferee (other than a bona fide buyer or
transferee) of a retail food store or wholesale food concern that has
been disqualified under section 12(a) may not accept or redeem
benefits until the Secretary receives full payment of any penalty
imposed on such store or concern.
(B) A buyer or transferee may not, as a result of the sale or
transfer of such store or concern, be required to furnish a bond
under section 12(d).
(c) Regulations issued pursuant to this Act shall require an appli-
cant retail food store or wholesale food concern to submit informa-
tion, which may include relevant income and sales tax filing docu-
ments, purchase invoices, records relating to electronic benefit
transfer equipment and related services, transaction and redemp-
tion data provided through the electronic benefit transfer system,
or program-related records, which will permit a determination to be
made as to whether such applicant qualifies, or continues to qual-
ify, for approval under the provisions of this Act or the regulations
issued pursuant to this Act. The regulations may require retail food
stores and wholesale food concerns to provide written authorization
for the Secretary to verify all relevant tax filings with appropriate
agencies and to obtain corroborating documentation from other
sources so that the accuracy of information provided by the stores
and concerns may be verified. Regulations issued pursuant to this
Act shall provide for safeguards which limit the use or disclosure
of information obtained under the authority granted by this sub-
section to purposes directly connected with administration and en-
forcement of the provisions of this Act or the regulations issued
pursuant to this Act, except that such information may be disclosed
to any used by Federal law enforcement and investigative agencies
and law enforcement and investigative agencies of a State govern-
ment for the purposes of administering or enforcing this Act or any
other Federal or State law and the regulations issued under this
Act or such law, and State agencies that administer the special
supplemental nutrition program for women, infants and children,
authorized under section 17 of the Child Nutrition Act of 1966, for
purposes of administering the provisions of that Act and the regu-
lations issued under that Act. Any person who publishes, divulges,
discloses, or makes known in any manner or to any extent not au-
thorized by Federal law (including a regulation) any information
obtained under this subsection shall be fined not more than $1,000
or imprisoned not more than 1 year, or both. The regulations shall
establish the criteria to be used by the Secretary to determine
whether the information is needed. The regulations shall not pro-
hibit the audit and examination of such information by the Comp-
troller General of the United States authorized by any other provi-
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sion of law.
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(d) Any retail food store or wholesale food concern which has
failed upon application to receive approval to participate in the
supplemental nutrition assistance program may obtain a hearing
on such refusal as provided in section 14 of this Act. A retail food
store or wholesale food concern that is denied approval to accept
and redeem benefits because the store or concern does not meet cri-
teria for approval established by the Secretary may not, for at least
6 months, submit a new application to participate in the program.
The Secretary may establish a longer time period under the pre-
ceding sentence, including permanent disqualification, that reflects
the severity of the basis of the denial.
(e) Approved retail food stores shall display a sign providing in-
formation on how persons may report abuses they have observed
in the operation of the supplemental nutrition assistance program.
(f) In those areas in which the Secretary, in consultation with the
Inspector General of the Department of Agriculture, finds evidence
that the operation of house-to-house trade routes damages the pro-
gram’s integrity, the Secretary shall limit the participation of
house-to-house trade routes to those routes that are reasonably
necessary to provide adequate access to households.
(g) EBT SERVICE REQUIREMENT.—An approved retail food store
shall provide adequate EBT service as described in section
7(h)(3)(B).
(h) PRIVATE ESTABLISHMENTS.—
(1) IN GENERAL.—Subject to paragraph (2), no private estab-
lishment that contracts with a State agency to offer meals at
concessional prices as described in paragraphs (3), (4), and (9)
of section 3(k) may be authorized to accept and redeem benefits
unless the Secretary determines that the participation of the
private establishment is required to meet a documented need
in accordance with section 11(e)(25).
(2) EXISTING CONTRACTS.—
(A) IN GENERAL.—If, on the day before the date of enact-
ment of this subsection, a State has entered into a contract
with a private establishment described in paragraph (1)
and the Secretary has not determined that the participa-
tion of the private establishment is necessary to meet a
documented need in accordance with section 11(e)(25), the
Secretary shall allow the operation of the private estab-
lishment to continue without that determination of need
for a period not to exceed 180 days from the date on which
the Secretary establishes determination criteria, by regula-
tion, under section 11(e)(25).
(B) JUSTIFICATION.—If the Secretary determines to ter-
minate a contract with a private establishment that is in
effect on the date of enactment of this subsection, the Sec-
retary shall provide justification to the State in which the
private establishment is located for that termination.
(3) REPORT TO CONGRESS.—Not later than 90 days after Sep-
tember 30, 2014, and 90 days after the last day of each fiscal
year thereafter, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Senate a
report on the effectiveness of a program under this subsection
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using any information received from States under section
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11(e)(25) as well as any other information the Secretary may
have relating to the manner in which benefits are used.
(i) REVIEW OF PROGRAM OPERATIONS.—
(1) REVIEW BY THE SECRETARY.—The Secretary—
(A) shall review a representative sample of currently au-
thorized facilities referred to in section 3(k)(3) to deter-
mine whether benefits are properly used by or on behalf
of participating households residing in such facilities and
whether such facilities are using more than 1 source of
Federal or State funding to meet the food needs of resi-
dents;
(B) may carry out similar reviews for currently partici-
pating residential drug and alcohol treatment and rehabili-
tation programs, and group living arrangements for the
blind and disabled, referred to in section 3(k);
(C) shall gather information, and such facilities, pro-
grams, and arrangements shall be required to submit in-
formation deemed necessary for a full and thorough re-
view; and
(D) shall report the results of these reviews to the Com-
mittee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of
the Senate not later than 18 months after the date of the
enactment of the Agriculture Improvement Act of 2018,
along with recommendations regarding—
(i) any additional requirements or oversight that
would be appropriate for such facilities, programs, and
arrangements; and
(ii) whether such facilities, programs, and arrange-
ments should continue to be authorized to participate
in the supplemental nutrition assistance program.
(2) LIMITATION.—Nothing in this subsection shall authorize
the Secretary to deny any application for continued authoriza-
tion, any application for authorization, or any request to with-
draw the authorization of any such facility, program, or ar-
rangement based on a determination that residents of any such
facility or entity are residents of an institution prior to øDe-
cember 31, 2020¿ December 31, 2021.
(j) INCENTIVES.—
(1) DEFINITION OF ELIGIBLE INCENTIVE FOOD.—In this sub-
section, the term ‘‘eligible incentive food’’ means—
(A) a staple food that is identified for increased con-
sumption, consistent with the most recent dietary rec-
ommendations; and
(B) a fruit, vegetable, dairy, whole grain, or product
thereof.
(2) GUIDANCE.—
(A) IN GENERAL.—The Secretary shall issue guidance to
clarify the process by which an approved retail food store
may seek a waiver to offer an incentive, which may be
used only for the purchase of an eligible incentive food at
the point of purchase, to a household purchasing food with
benefits issued under this Act.
(B) GUIDANCE.—The guidance under subparagraph (A)
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shall establish a process under which an approved retail
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138
food store, prior to carrying out an incentive program
under this subsection, shall provide to the Secretary infor-
mation describing the incentive program, including—
(i) the types of incentives that will be offered;
(ii) the types of foods that will be incentivized for
purchase; and
(iii) an explanation of how the incentive program in-
tends to support meeting dietary intake goals.
(3) NO LIMITATION ON BENEFITS.—A waiver granted under
this subsection shall not be used to carry out any activity that
limits the use of benefits under this Act or any other Federal
nutrition law.
(4) EFFECT.—Guidance provided under this subsection shall
not affect any requirements under section 4405 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 7517), includ-
ing the eligibility of a retail food store to participate in a
project funded under such section.
(5) REPORT.—The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Senate an
annual report describing the types of incentives approved
under this subsection.
* * * * * * *
CONSOLIDATED APPROPRIATIONS ACT, 2018
(Public Law 115-141, division A)
* * * * * * *
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
* * * * * * *
TITLE VII
GENERAL PROVISIONS
* * * * * * *
SEC. 779. For an additional amount for ‘‘Rural Utilities Service—
Distance Learning, Telemedicine, and Broadband Program’’,
$600,000,000, to remain available until expended, for the Secretary
of Agriculture to conduct a new broadband loan and grant pilot
program under the Rural Electrification Act of 1936 (7 U.S.C. 901
et seq.): Provided, That for the purpose of the new pilot program,
the authorities provided in such Act shall include the authority to
make grants for such purposes, as described in section 601(a) of
such Act: Provided further, That the cost of direct loans shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That at least 90 percent of the households to be
served by a project receiving a loan or grant under the pilot pro-
gram shall be in a rural area without sufficient access to
broadband, defined for this pilot program as 10 Mbps downstream,
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and 1 Mbps upstream, which shall be reevaluated and redeter-
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139
mined, as necessary, on an annual basis by the Secretary of Agri-
culture: Provided further, That an entity to which a loan or grant
is made under the pilot program shall not use the loan or grant to
overbuild or duplicate broadband expansion øefforts made¿ service
provided by any entity that has received a broadband loan from the
Rural Utilities Service: Provided further, That in addition to other
available funds, not more than four percent of the funds can be
used for administrative costs to carry out this pilot program and
up to three percent may be utilized for technical assistance and
pre-development planning activities to support the most rural com-
munities, which shall be transferred to and merged with the appro-
priation for ‘‘Rural Development, Salaries and Expenses’’: Provided
further, That the Rural Utility Service is directed to expedite pro-
gram delivery methods that would implement this section: Pro-
vided further, That for purposes of this section, the Secretary shall
adhere to the notice, reporting and service area assessment re-
quirements set forth in sections 6104(a)(2)(D) and 6104(a)(2)(E) of
the Agricultural Act of 2014 (7 U.S.C. 950bb(d)(5), and 950bb(d)(8)
and 950bb(d)(10)).
* * * * * * *
FEDERAL FOOD, DRUG, AND COSMETIC ACT
* * * * * * *
CHAPTER V—DRUGS AND DEVICES
* * * * * * *
SUBCHAPTER E—GENERAL PROVISIONS RELATING TO DRUGS AND
DEVICES
* * * * * * *
SEC. 569D. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF
DRUGS AND CONTROLLED SUBSTANCES.
(a) ORDER TO CEASE DISTRIBUTION AND RECALL.—
(1) IN GENERAL.—If the Secretary determines there is a rea-
sonable probability that a drug or controlled substance would
cause serious adverse health consequences or death, the Sec-
retary may, after providing the appropriate person with an op-
portunity to consult with the agency, issue an order requiring
manufacturers, importers, distributors, or pharmacists, who
distribute such drug or controlled substance to immediately
cease distribution of such drug or controlled substance.
(2) HEARING.—An order under paragraph (1) shall provide
the person subject to the order with an opportunity for an in-
formal hearing, to be held not later than 10 days after the date
of issuance of the order, on whether adequate evidence exists
to justify an amendment to the order, and what actions are re-
quired by such amended order pursuant to subparagraph (3).
(3) ORDER RESOLUTION.—After an order is issued according
to the process under paragraphs (1) and (2), the Secretary
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shall, except as provided in paragraph (4)—
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140
(A) vacate the order, if the Secretary determines that in-
adequate grounds exist to support the actions required by
the order;
(B) continue the order ceasing distribution of the drug or
controlled substance until a date specified in such order; or
(C) amend the order to require a recall of the drug or
controlled substance, including any requirements to notify
appropriate persons, a timetable for the recall to occur,
and a schedule for updates to be provided to the Secretary
regarding such recall.
(4) RISK ASSESSMENT.—If the Secretary determines that the
risk of recalling a drug or controlled substance presents a
greater health risk than the health risk of not recalling such
drug or controlled substance from use, an amended order
under subparagraph (B) or (C) of paragraph (3) shall not in-
clude either a recall order for, or an order to cease distribution
of, such drug or controlled substance, as applicable.
(5) ACTION FOLLOWING ORDER.—Any person who is subject to
an order pursuant to subparagraph (B) or (C) of paragraph (3)
shall immediately cease distribution of or recall, as applicable,
the drug or controlled substance and provide notification as re-
quired by such order.
(b) NOTICE TO PERSONS AFFECTED.—If the Secretary determines
necessary, the Secretary may require the person subject to an order
pursuant to paragraph (1) or an amended order pursuant to sub-
paragraph (B) or (C) of paragraph (3) to provide either a notice of
a recall order for, or an order to cease distribution of, such drug
or controlled substance, as applicable, under this section to appro-
priate persons, including persons who manufacture, distribute, im-
port, or offer for sale such product that is the subject of an order
and to the public. In providing such notice, the Secretary may use
the assistance of health professionals who prescribed or dispensed
such drugs or controlled substances.
(c) NONDELEGATION.—An order described in subsection (a)(3)
shall be ordered by the Secretary or an official designated by the
Secretary. An official may not be so designated under this section
unless the official is the Director of the Center for Drug Evaluation
and Research øor an official senior to such Director¿ or the Director
of the Center for Biologics Evaluation and Research (or an official
senior to either such Director).
(d) SAVINGS CLAUSE.—Nothing contained in this section shall be
construed as limiting—
(1) the authority of the Secretary to issue an order to cease
distribution of, or to recall, any drug under any other provision
of this Act or the Public Health Service Act; or
(2) the ability of the Secretary to request any person to per-
form a voluntary activity related to any drug subject to this
Act or the Public Health Service Act.
* * * * * * *
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CHAPTER VIII—IMPORTS AND EXPORTS
IMPORTS AND EXPORTS
SEC. 801. (a) The Secretary of the Treasury shall deliver to the
Secretary of Health and Human Services, upon his request, sam-
ples of food, drugs, devices, tobacco products, and cosmetics which
are being imported or offered for import into the United States, giv-
ing notice thereof to the owner or consignee, who may appear be-
fore the Secretary of Health and Human Services and have the
right to introduce testimony. The Secretary of Health and Human
Services shall furnish to the Secretary of the Treasury a list of es-
tablishments registered pursuant to subsection (i) of section 510 or
section 905(h) and shall request that if any drugs, devices, or to-
bacco products manufactured, prepared, propagated, compounded,
or processed in an establishment not so registered are imported or
offered for import into the United States, samples of such drugs,
devices, or tobacco products be delivered to the Secretary of Health
and Human Services, with notice of such delivery to the owner or
consignee, who may appear before the Secretary of Health and
Human Services and have the right to introduce testimony. If it ap-
pears from the examination of such samples or otherwise that (1)
such article has been manufactured, processed, or packed under in-
sanitary conditions or, in the case of a device, the methods used in,
or the facilities or controls used for, the manufacture, packing, stor-
age, or installation of the device do not conform to the require-
ments of section 520(f), or (2) such article is forbidden or restricted
in sale in the country in which it was produced or from which it
was exported, or (3) such article is adulterated, misbranded, or in
violation of section 505 or the importer (as defined in section 805)
is in violation of such section 805, or prohibited from introduction
or delivery for introduction into interstate commerce under section
301(ll), or øis a controlled substance subject to an order under sec-
tion 569D¿ is a drug or controlled substance subject to an order
under section 569D, or (4) the recordkeeping requirements under
section 204 of the FDA Food Safety Modernization Act (other than
the requirements under subsection (f) of such section) have not
been complied with regarding such articleor (5) such article is
being imported or offered for import in violation of section 301(cc),
then any such article described in any of clauses (1) through (5)
shall be refused admission, except as provided in subsection (b) of
this section. If it appears from the examination of such samples or
otherwise that the article is a counterfeit drug, such article shall
be refused admission. With respect to an article of food, if importa-
tion of such food is subject to, but not compliant with, the require-
ment under subsection (q) that such food be accompanied by a cer-
tification or other assurance that the food meets applicable require-
ments of this Act, then such article shall be refused admission. If
such article is subject to a requirement under section 760 or 761
and if the Secretary has credible evidence or information indicating
that the responsible person (as defined in such section 760 or 761)
has not complied with a requirement of such section 760 or 761
with respect to any such article, or has not allowed access to
records described in such section 760 or 761, then such article shall
be refused admission, except as provided in subsection (b) of this
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section. The Secretary of the Treasury shall cause the destruction
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142
of any such article refused admission unless such article is ex-
ported, under regulations prescribed by the Secretary of the Treas-
ury, within ninety days of the date of notice of such refusal or with-
in such additional time as may be permitted pursuant to such reg-
ulations, except that the Secretary of Health and Human Services
may destroy, without the opportunity for export, any drug refused
admission under this section, if such drug is valued at an amount
that is $2,500 or less (or such higher amount as the Secretary of
the Treasury may set by regulation pursuant to section 498(a)(1)
of the Tariff Act of 1930 (19 U.S.C. 1498(a)(1)) and was not brought
into compliance as described under subsection (b).. The Secretary
of Health and Human Services shall issue regulations providing for
notice and an opportunity to appear before the Secretary of Health
and Human Services and introduce testimony, as described in the
first sentence of this subsection, on destruction of a drug under the
sixth sentence of this subsection. The regulations shall provide that
prior to destruction, appropriate due process is available to the
owner or consignee seeking to challenge the decision to destroy the
drug. Where the Secretary of Health and Human Services provides
notice and an opportunity to appear and introduce testimony on
the destruction of a drug, the Secretary of Health and Human
Services shall store and, as applicable, dispose of the drug after the
issuance of the notice, except that the owner and consignee shall
remain liable for costs pursuant to subsection (c). Such process may
be combined with the notice and opportunity to appear before the
Secretary and introduce testimony, as described in the first sen-
tence of this subsection, as long as appropriate notice is provided
to the owner or consignee. Neither clause (2) nor clause (5) of the
third sentence of this subsection shall be construed to prohibit the
admission of narcotic drugs, the importation of which is permitted
under the controlled substances Import and Export Act.
(b) Pending decision as to the admission of an article being im-
ported or offered for import, the Secretary of the Treasury may au-
thorize delivery of such article to the owner or consignee upon the
execution by him of a good and sufficient bond providing for the
payment of such liquidated damages in the event of default as may
be required pursuant to regulations of the Secretary of the Treas-
ury. If it appears to the Secretary of Health and Human Services
that (1) an article included within the provisions of clause (3) of
subsection (a) of this section can, by relabeling or other action, be
brought into compliance with the Act or rendered other than a
food, drug, device, or cosmetic, or (2) with respect to an article de-
scribed in subsection (a) relating to the requirements of sections
760 or 761,, the responsible person (as defined in section 760 or
761) can take action that would assure that the responsible person
is in compliance with section 760 or 761, as the case may be, final
determination as to admission of such article may be deferred and,
upon filing of timely written application by the owner or consignee
and the execution by him of a bond as provided in the preceding
provisions of this subsection, the Secretary may, in accordance with
regulations, authorize the applicant, or, with respect to clause (2),
the responsible person, to perform such relabeling or other action
specified in such authorization (including destruction or export of
rejected articles or portions thereof, as may be specified in the Sec-
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retary’s authorization). All such relabeling or other action pursuant
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143
to such authorization shall in accordance with regulations be under
the supervision of an officer or employee of the Department of
Health and Human Services designated by the Secretary, or an of-
ficer or employee of the Department of the Treasury designated by
the Secretary of the Treasury.
(c) All expenses (including travel, per diem or subsistence, and
salaries of officers or employees of the United States) in connection
with the destruction provided for in subsection (a) of this section
and the supervision of the relabeling or other action authorized
under the provisions of subsection (b) of this section, the amount
of such expenses to be determined in accordance with regulations,
and all expenses in connection with the storage, cartage, or labor
with respect to any article refused admission under subsection (a)
of this section, shall be paid by the owner or consignee and, in de-
fault of such payment, shall constitute a lien against any future
importations made by such owner or consignee.
(d)(1)(A) Except as provided in paragraph (2) and section 804, no
drug subject to section 503(b) or composed wholly or partly of insu-
lin which is manufactured in a State and exported may be im-
ported into the United States unless the drug is imported by the
manufacturer of the drug.
(B) Except as authorized by the Secretary in the case of a drug
that appears on the drug shortage list under section 506E or in the
case of importation pursuant to section 804, no drug that is subject
to section 503(b)(1) may be imported into the United States for
commercial use if such drug is manufactured outside the United
States, unless the manufacturer has authorized the drug to be mar-
keted in the United States and has caused the drug to be labeled
to be marketed in the United States.
(2) The Secretary may authorize the importation of a drug the
importation of which is prohibited by paragraph (1) if the drug is
required for emergency medical care.
(3)(A) Subject to subparagraph (B), no component of a drug, no
component part or accessory of a device, or other article of device
requiring further processing, which is ready or suitable for use for
health-related purposes, and no article of a food additive, color ad-
ditive, or dietary supplement, including a product in bulk form,
shall be excluded from importation into the United States under
subsection (a) if each of the following conditions is met:
(i) The importer of such article of a drug or device or im-
porter of such article of a food additive, color additive, or die-
tary supplement submits to the Secretary, at the time of initial
importation, a statement in accordance with the following:
(I) Such statement provides that such article is intended
to be further processed by the initial owner or consignee,
or incorporated by the initial owner or consignee, into a
drug, biological product, device, food, food additive, color
additive, or dietary supplement that will be exported by
the initial owner or consignee from the United States in
accordance with subsection (e) or section 802, or with sec-
tion 351(h) of the Public Health Service Act.
(II) The statement identifies the manufacturer of such
article and each processor, packer, distributor, or other en-
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tity that had possession of the article in the chain of pos-
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144
session of the article from the manufacturer to such im-
porter of the article.
(III) The statement is accompanied by such certificates
of analysis as are necessary to identify such article, unless
the article is a device or is an article described in para-
graph (4).
(ii) At the time of initial importation and before the delivery
of such article to the importer or the initial owner or consignee,
such owner or consignee executes a good and sufficient bond
providing for the payment of such liquidated damages in the
event of default as may be required pursuant to regulations of
the Secretary of the Treasury.
(iii) Such article is used and exported by the initial owner or
consignee in accordance with the intent described under clause
(i)(I), except for any portions of the article that are destroyed.
(iv) The initial owner or consignee maintains records on the
use or destruction of such article or portions thereof, as the
case may be, and submits to the Secretary any such records re-
quested by the Secretary.
(v) Upon request of the Secretary, the initial owner or con-
signee submits a report that provides an accounting of the ex-
portation or destruction of such article or portions thereof, and
the manner in which such owner or consignee complied with
the requirements of this subparagraph.
(B) Notwithstanding subparagraph (A), the Secretary may refuse
admission to an article that otherwise would be imported into the
United States under such subparagraph if the Secretary deter-
mines that there is credible evidence or information indicating that
such article is not intended to be further processed by the initial
owner or consignee, or incorporated by the initial owner or con-
signee, into a drug, biological product, device, food, food additive,
color additive, or dietary supplement that will be exported by the
initial owner or consignee from the United States in accordance
with subsection (e) or section 802, or with section 351(h) of the
Public Health Service Act.
(C) This section may not be construed as affecting the responsi-
bility of the Secretary to ensure that articles imported into the
United States under authority of subparagraph (A) meet each of
the conditions established in such subparagraph for importation.
(4) The importation into the United States of blood, blood compo-
nents, source plasma, or source leukocytes or of a component, ac-
cessory, or part thereof is not permitted pursuant to paragraph (3)
unless the importation complies with section 351(a) of the Public
Health Service Act or the Secretary permits the importation under
appropriate circumstances and conditions, as determined by the
Secretary. The importation of tissue or a component or part of tis-
sue is not permitted pursuant to paragraph (3) unless the importa-
tion complies with section 361 of the Public Health Service Act.
(e)(1) A food, drug, device, tobacco product or cosmetic intended
for export shall not be deemed to be adulterated or misbranded
under this Act, and a tobacco product intended for export shall not
be deemed to be in violation of section 906(e), 907, 911, or 920(a),
if it—
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(A) accords to the specifications of the foreign purchaser,
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145
(B) is not in conflict with the laws of the country to which
it is intended for export,
(C) is labeled on the outside of the shipping package that it
is intended for export, and
(D) is not sold or offered for sale in domestic commerce.
(2) Paragraph (1) does not apply to any device—
(A) which does not comply with an applicable requirement of
section 514 or 515,
(B) which under section 520(g) is exempt from either such
section, or
(C) which is a banned device under section 516,
unless, in addition to the requirements of paragraph (1), either (i)
the Secretary has determined that the exportation of the device is
not contrary to public health and safety and has the approval of
the country to which it is intended for export or (ii) the device is
eligible for export under section 802.
(3) A new animal drug that requires approval under section 512
shall not be exported pursuant to paragraph (1) if such drug has
been banned in the United States.
(4)(A) Any person who exports a food, drug, animal drug, or de-
vice may request that the Secretary—
(i) certify in writing that the exported food, drug, animal
drug, or device meets the requirements of paragraph (1) or sec-
tion 802; or
(ii) certify in writing that the food, drug, animal drug, or de-
vice being exported meets the applicable requirements of this
Act upon a showing that the food, drug or device meets the ap-
plicable requirements of this Act.
The Secretary shall issue such a certification within 20 days of the
receipt of a request for such certification.
(B) If the Secretary issues a written export certification within
the 20 days prescribed by subparagraph (A), a fee for such certifi-
cation may be charged but shall not exceed $175 for each certifi-
cation. Fees collected for a fiscal year pursuant to this subpara-
graph shall be credited to the appropriation account for salaries
and expenses of the Food and Drug Administration and shall be
available in accordance with appropriations Acts until expended
without fiscal year limitation. Such fees shall be collected in each
fiscal year in an amount equal to the amount specified in appro-
priations Acts for such fiscal year and shall only be collected and
available for the costs of the Food and Drug Administration.
(C) For purposes of this paragraph, a certification by the Sec-
retary shall be made on such basis, and in such form (including a
publicly available listing) as the Secretary determines appropriate.
(D) With regard to fees pursuant to subparagraph (B) in connec-
tion with written export certifications for food:
(i) Such fees shall be collected and available solely for the
costs of the Food and Drug Administration associated with
issuing such certifications.
(ii) Such fees may not be retained in an amount that exceeds
such costs for the respective fiscal year.
(E)(i)(I) If the Secretary denies a request for certification under
subparagraph (A)(ii) with respect to a device manufactured in an
establishment (foreign or domestic) registered under section 510,
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the Secretary shall provide in writing to the person seeking such
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146
certification the basis for such denial, and specifically identify the
finding upon which such denial is based.
(II) If the denial of a request as described in subclause (I) is
based on grounds other than an injunction proceeding pursuant to
section 302, seizure action pursuant to section 304, or a recall des-
ignated Class I or Class II pursuant to part 7, title 21, Code of Fed-
eral Regulations, and is based on the facility being out of compli-
ance with part 820 of title 21, Code of Federal Regulations, the
Secretary shall provide a substantive summary of the specific
grounds for noncompliance identified by the Secretary.
(III) With respect to a device manufactured in an establishment
that has received a report under section 704(b), the Secretary shall
not deny a request for certification as described in subclause (I)
with respect to a device based solely on the issuance of that report
if the owner, operator, or agent in charge of such establishment has
agreed to a plan of correction in response to such report.
(ii)(I) The Secretary shall provide a process for a person who is
denied a certification as described in clause (i)(I) to request a re-
view that conforms to the standards of section 517A(b).
(II) Notwithstanding any previous review conducted pursuant to
subclause (I), a person who has been denied a certification as de-
scribed in clause (i)(I) may at any time request a review in order
to present new information relating to actions taken by such per-
son to address the reasons identified by the Secretary for the de-
nial of certification, including evidence that corrective actions are
being or have been implemented to address grounds for noncompli-
ance identified by the Secretary.
(III) Not later than 1 year after the date of enactment of the FDA
Reauthorization Act of 2017, the Secretary shall issue guidance
providing for a process to carry out this subparagraph. Not later
than 1 year after the close of the comment period for such guid-
ance, the Secretary shall issue final guidance.
(iii)(I) Subject to subclause (II), this paragraph applies to re-
quests for certification on behalf of any device establishment reg-
istered under section 510, whether the establishment is located in-
side or outside of the United States, and regardless of whether
such devices are to be exported from the United States.
(II) If an establishment described in subclause (I) is not located
within the United States and does not demonstrate that the de-
vices manufactured, prepared, propagated, compounded, or proc-
essed at such establishment are to be exported from the United
States, this paragraph shall apply only if—
(aa) the establishment has been inspected by the Secretary
within 3 years of the date of the request; or
(bb) the establishment participates in an audit program in
which the United States participates or the United States rec-
ognizes, an audit under such program has been conducted, and
the findings of such audit are provided to the Secretary within
3 years of the date of the request.
(f)(1) If a drug (other than insulin, an antibiotic drug, an animal
drug, or a drug exported under section 802) being exported in ac-
cordance with subsection (e) is being exported to a country that has
different or additional labeling requirements or conditions for use
and such country requires the drug to be labeled in accordance
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with those requirements or uses, such drug may be labeled in ac-
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147
cordance with such requirements and conditions for use in the
country to which such drug is being exported if it also is labeled
in accordance with the requirements of this Act.
(2) If, pursuant to paragraph (1), the labeling of an exported drug
includes conditions for use that have not been approved under this
Act, the labeling must state that such conditions for use have not
been approved under this Act. A drug exported under section 802
is exempt from this section.
(g)(1) With respect to a prescription drug being imported or of-
fered for import into the United States, the Secretary, in the case
of an individual who is not in the business of such importations,
may not send a warning notice to the individual unless the fol-
lowing conditions are met:
(A) The notice specifies, as applicable to the importation of
the drug, that the Secretary has made a determination that—
(i) importation is in violation of section 801(a) because
the drug is or appears to be adulterated, misbranded, or
in violation of section 505;
(ii) importation is in violation of section 801(a) because
the drug is or appears to be forbidden or restricted in sale
in the country in which it was produced or from which it
was exported;
(iii) importation is or appears to be in violation of section
801(d)(1); or
(iv) importation otherwise is or appears to be in violation
of Federal law.
(B) The notice does not specify any provision described in
subparagraph (A) that is not applicable to the importation of
the drug.
(C) The notice states the reasons underlying such determina-
tion by the Secretary, including a brief application to the prin-
cipal facts involved of the provision of law described in sub-
paragraph (A) that is the basis of the determination by the
Secretary.
(2) For purposes of this section, the term ‘‘warning notice’’, with
respect to the importation of a drug, means a communication from
the Secretary (written or otherwise) notifying a person, or clearly
suggesting to the person, that importing the drug for personal use
is, or appears to be, a violation of this Act.
(h)(1) The Secretary shall give high priority to increasing the
number of inspections under this section for the purpose of ena-
bling the Secretary to inspect food offered for import at ports of
entry into the United States, with the greatest priority given to in-
spections to detect the intentional adulteration of food.
(2) The Secretary shall give high priority to making necessary
improvements to the information management systems of the Food
and Drug Administration that contain information related to foods
imported or offered for import into the United States for purposes
of improving the ability of the Secretary to allocate resources, de-
tect the intentional adulteration of food, and facilitate the importa-
tion of food that is in compliance with this Act.
(3) The Secretary shall improve linkages with other regulatory
agencies of the Federal Government that share responsibility for
food safety, and shall with respect to such safety improve linkages
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with the States and Indian tribes (as defined in section 4(e) of the
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148
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e))).
(i)(1) For use in inspections of food under this section, the Sec-
retary shall provide for research on the development of tests and
sampling methodologies—
(A) whose purpose is to test food in order to rapidly detect
the adulteration of the food, with the greatest priority given to
detect the intentional adulteration of food; and
(B) whose results offer significant improvements over the
available technology in terms of accuracy, timing, or costs.
(2) In providing for research under paragraph (1), the Secretary
shall give priority to conducting research on the development of
tests that are suitable for inspections of food at ports of entry into
the United States.
(3) In providing for research under paragraph (1), the Secretary
shall as appropriate coordinate with the Director of the Centers for
Disease Control and Prevention, the Director of the National Insti-
tutes of Health, the Administrator of the Environmental Protection
Agency, and the Secretary of Agriculture.
(4) The Secretary shall annually submit to the Committee on En-
ergy and Commerce of the House of Representatives, and the Com-
mittee on Health, Education, Labor, and Pensions of the Senate, a
report describing the progress made in research under paragraph
(1), including progress regarding paragraph (2).
(j)(1) If an officer or qualified employee of the Food and Drug Ad-
ministration has credible evidence or information indicating that
an article of food presents a threat of serious adverse health con-
sequences or death to humans or animals, and such officer or quali-
fied employee is unable to inspect, examine, or investigate such ar-
ticle upon the article being offered for import at a port of entry into
the United States, the officer or qualified employee shall request
the Secretary of Treasury to hold the food at the port of entry for
a reasonable period of time, not to exceed 24 hours, for the purpose
of enabling the Secretary to inspect, examine, or investigate the ar-
ticle as appropriate.
(2) The Secretary shall request the Secretary of Treasury to re-
move an article held pursuant to paragraph (1) to a secure facility,
as appropriate. During the period of time that such article is so
held, the article shall not be transferred by any person from the
port of entry into the United States for the article, or from the se-
cure facility to which the article has been removed, as the case may
be. Subsection (b) does not authorize the delivery of the article pur-
suant to the execution of a bond while the article is so held.
(3) An officer or qualified employee of the Food and Drug Admin-
istration may make a request under paragraph (1) only if the Sec-
retary or an official designated by the Secretary approves the re-
quest. An official may not be so designated unless the official is the
director of the district under this Act in which the article involved
is located, or is an official senior to such director.
(4) With respect to an article of food for which a request under
paragraph (1) is made, the Secretary, promptly after the request is
made, shall notify the State in which the port of entry involved is
located that the request has been made, and as applicable, that
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such article is being held under this subsection.
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(k)(1) If an article of food is being imported or offered for import
into the United States, and the importer, owner, or consignee of the
article is a person who has been debarred under section 306(b)(3),
such article shall be held at the port of entry for the article, and
may not be delivered to such person. Subsection (b) does not au-
thorize the delivery of the article pursuant to the execution of a
bond while the article is so held. The article shall be removed to
a secure facility, as appropriate. During the period of time that
such article is so held, the article shall not be transferred by any
person from the port of entry into the United States for the article,
or from the secure facility to which the article has been removed,
as the case may be.
(2) An article of food held under paragraph (1) may be delivered
to a person who is not a debarred person under section 306(b)(3)
if such person affirmatively establishes, at the expense of the per-
son, that the article complies with the requirements of this Act, as
determined by the Secretary.
(l)(1) If an article of food is being imported or offered for import
into the United States, and such article is from a foreign facility
for which a registration has not been submitted to the Secretary
under section 415 (or for which a registration has been suspended
under such section), such article shall be held at the port of entry
for the article, and may not be delivered to the importer, owner,
or consignee of the article, until the foreign facility is so registered.
Subsection (b) does not authorize the delivery of the article pursu-
ant to the execution of a bond while the article is so held. The arti-
cle shall be removed to a secure facility, as appropriate. During the
period of time that such article is so held, the article shall not be
transferred by any person from the port of entry into the United
States for the article, or from the secure facility to which the article
has been removed, as the case may be.
(m)(1) In the case of an article of food that is being imported or
offered for import into the United States, the Secretary, after con-
sultation with the Secretary of the Treasury, shall by regulation re-
quire, for the purpose of enabling such article to be inspected at
ports of entry into the United States, the submission to the Sec-
retary of a notice providing the identity of each of the following:
The article; the manufacturer and shipper of the article; if known
within the specified period of time that notice is required to be pro-
vided, the grower of the article; the country from which the article
originates; the country from which the article is shipped; any coun-
try to which the article has been refused entry; and the anticipated
port of entry for the article. An article of food imported or offered
for import without submission of such notice in accordance with the
requirements under this paragraph shall be refused admission into
the United States. Nothing in this section may be construed as a
limitation on the port of entry for an article of food.
(2)(A) Regulations under paragraph (1) shall require that a notice
under such paragraph be provided by a specified period of time in
advance of the time of the importation of the article of food in-
volved or the offering of the food for import, which period shall be
no less than the minimum amount of time necessary for the Sec-
retary to receive, review, and appropriately respond to such notifi-
cation, but may not exceed five days. In determining the specified
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period of time required under this subparagraph, the Secretary
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may consider, but is not limited to consideration of, the effect on
commerce of such period of time, the locations of the various ports
of entry into the United States, the various modes of transpor-
tation, the types of food imported into the United States, and any
other such consideration. Nothing in the preceding sentence may be
construed as a limitation on the obligation of the Secretary to re-
ceive, review, and appropriately respond to any notice under para-
graph (1).
(B)(i) If an article of food is being imported or offered for import
into the United States and a notice under paragraph (1) is not pro-
vided in advance in accordance with the requirements under para-
graph (1), such article shall be held at the port of entry for the arti-
cle, and may not be delivered to the importer, owner, or consignee
of the article, until such notice is submitted to the Secretary, and
the Secretary examines the notice and determines that the notice
is in accordance with the requirements under paragraph (1). Sub-
section (b) does not authorize the delivery of the article pursuant
to the execution of a bond while the article is so held. The article
shall be removed to a secure facility, as appropriate. During the pe-
riod of time that such article is so held, the article shall not be
transferred by any person from the port of entry into the United
States for the article, or from the secure facility to which the article
has been removed, as the case may be.
(ii) In carrying out clause (i) with respect to an article of food,
the Secretary shall determine whether there is in the possession of
the Secretary any credible evidence or information indicating that
such article presents a threat of serious adverse health con-
sequences or death to humans or animals.
(3)(A) This subsection may not be construed as limiting the au-
thority of the Secretary to obtain information under any other pro-
vision of this Act.
(B) This subsection may not be construed as authorizing the Sec-
retary to impose any requirements with respect to a food to the ex-
tent that it is within the exclusive jurisdiction of the Secretary of
Agriculture pursuant to the Federal Meat Inspection Act (21 U.S.C.
601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).
(n)(1) If a food has been refused admission under subsection (a),
other than such a food that is required to be destroyed, the Sec-
retary may require the owner or consignee of the food to affix to
the container of the food a label that clearly and conspicuously
bears the statement: ‘‘UNITED STATES: REFUSED ENTRY’’.
(2) All expenses in connection with affixing a label under para-
graph (1) shall be paid by the owner or consignee of the food in-
volved, and in default of such payment, shall constitute a lien
against future importations made by such owner or consignee.
(3) A requirement under paragraph (1) remains in effect until the
Secretary determines that the food involved has been brought into
compliance with this Act.
(o) If an article that is a device is being imported or offered for
import into the United States, and the importer, owner, or con-
signee of such article does not, at the time of offering the article
for import, submit to the Secretary a statement that identifies the
registration under section 510(i) of each establishment that with
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respect to such article is required under such section to register
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151
with the Secretary, the article may be refused admission. If the ar-
ticle is refused admission for failure to submit such a statement,
the article shall be held at the port of entry for the article, and may
not be delivered to the importer, owner, or consignee of the article,
until such a statement is submitted to the Secretary. Subsection (b)
does not authorize the delivery of the article pursuant to the execu-
tion of a bond while the article is so held. The article shall be re-
moved to a secure facility, as appropriate. During the period of
time that such article is so held, the article shall not be transferred
by any person from the port of entry into the United States for the
article, or from the secure facility to which the article has been re-
moved, as the case may be.
(p)(1) Not later than 36 months after the date of enactment of
the Family Smoking Prevention and Tobacco Control Act, and an-
nually thereafter, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representa-
tives, a report regarding—
(A) the nature, extent, and destination of United States to-
bacco product exports that do not conform to tobacco product
standards established pursuant to this Act;
(B) the public health implications of such exports, including
any evidence of a negative public health impact; and
(C) recommendations or assessments of policy alternatives
available to Congress and the executive branch to reduce any
negative public health impact caused by such exports.
(2) The Secretary is authorized to establish appropriate informa-
tion disclosure requirements to carry out this subsection.
(q) CERTIFICATIONS CONCERNING IMPORTED FOODS.—
(1) IN GENERAL.—The Secretary may require, as a condition
of granting admission to an article of food imported or offered
for import into the United States, that an entity described in
paragraph (3) provide a certification, or such other assurances
as the Secretary determines appropriate, that the article of
food complies with applicable requirements of this Act. Such
certification or assurances may be provided in the form of ship-
ment-specific certificates, a listing of certified facilities that
manufacture, process, pack, or hold such food, or in such other
form as the Secretary may specify.
(2) FACTORS TO BE CONSIDERED IN REQUIRING CERTIFI-
CATION.—The Secretary shall base the determination that an
article of food is required to have a certification described in
paragraph (1) on the risk of the food, including—
(A) known safety risks associated with the food;
(B) known food safety risks associated with the country,
territory, or region of origin of the food;
(C) a finding by the Secretary, supported by scientific,
risk-based evidence, that—
(i) the food safety programs, systems, and standards
in the country, territory, or region of origin of the food
are inadequate to ensure that the article of food is as
safe as a similar article of food that is manufactured,
processed, packed, or held in the United States in ac-
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cordance with the requirements of this Act; and
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(ii) the certification would assist the Secretary in de-
termining whether to refuse or admit the article of
food under subsection (a); and
(D) information submitted to the Secretary in accordance
with the process established in paragraph (7).
(3) CERTIFYING ENTITIES.—For purposes of paragraph (1), en-
tities that shall provide the certification or assurances de-
scribed in such paragraph are—
(A) an agency or a representative of the government of
the country from which the article of food at issue origi-
nated, as designated by the Secretary; or
(B) such other persons or entities accredited pursuant to
section 808 to provide such certification or assurance.
(4) RENEWAL AND REFUSAL OF CERTIFICATIONS.—The Sec-
retary may—
(A) require that any certification or other assurance pro-
vided by an entity specified in paragraph (2) be renewed
by such entity at such times as the Secretary determines
appropriate; and
(B) refuse to accept any certification or assurance if the
Secretary determines that such certification or assurance
is not valid or reliable.
(5) ELECTRONIC SUBMISSION.—The Secretary shall provide
for the electronic submission of certifications under this sub-
section.
(6) FALSE STATEMENTS.—Any statement or representation
made by an entity described in paragraph (2) to the Secretary
shall be subject to section 1001 of title 18, United States Code.
(7) ASSESSMENT OF FOOD SAFETY PROGRAMS, SYSTEMS, AND
STANDARDS.—If the Secretary determines that the food safety
programs, systems, and standards in a foreign region, country,
or territory are inadequate to ensure that an article of food is
as safe as a similar article of food that is manufactured, proc-
essed, packed, or held in the United States in accordance with
the requirements of this Act, the Secretary shall, to the extent
practicable, identify such inadequacies and establish a process
by which the foreign region, country, or territory may inform
the Secretary of improvements made to such food safety pro-
gram, system, or standard and demonstrate that those controls
are adequate to ensure that an article of food is as safe as a
similar article of food that is manufactured, processed, packed,
or held in the United States in accordance with the require-
ments of this Act.
(r)(1) The Secretary may require, pursuant to the regulations
promulgated under paragraph (4)(A), as a condition of granting ad-
mission to a drug imported or offered for import into the United
States, that the importer electronically submit information dem-
onstrating that the drug complies with applicable requirements of
this Act.
(2) The information described under paragraph (1) may include—
(A) information demonstrating the regulatory status of the
drug, such as the new drug application, abbreviated new drug
application, or investigational new drug or drug master file
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number;
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(B) facility information, such as proof of registration and the
unique facility identifier;
(C) indication of compliance with current good manufac-
turing practice, testing results, certifications relating to satis-
factory inspections, and compliance with the country of export
regulations; and
(D) any other information deemed necessary and appropriate
by the Secretary to assess compliance of the article being of-
fered for import.
(3) Information requirements referred to in paragraph (2)(C)
may, at the discretion of the Secretary, be satisfied—
(A) through representation by a foreign government, if an in-
spection is conducted by a foreign government using standards
and practices as determined appropriate by the Secretary;
(B) through representation by a foreign government or an
agency of a foreign government recognized under section 809;
or
(C) other appropriate documentation or evidence as described
by the Secretary.
(4)(A) Not later than 18 months after the date of enactment of
the Food and Drug Administration Safety and Innovation Act, the
Secretary shall adopt final regulations implementing this sub-
section. Such requirements shall be appropriate for the type of im-
port, such as whether the drug is for import into the United States
for use in preclinical research or in a clinical investigation under
an investigational new drug exemption under 505(i).
(B) In promulgating the regulations under subparagraph (A), the
Secretary—
(i) may, as appropriate, take into account differences among
importers and types of imports, and, based on the level of risk
posed by the imported drug, provide for expedited clearance for
those importers that volunteer to participate in partnership
programs for highly compliant companies and pass a review of
internal controls, including sourcing of foreign manufacturing
inputs, and plant inspections; and
(ii) shall—
(I) issue a notice of proposed rulemaking that includes
the proposed regulation;
(II) provide a period of not less than 60 days for com-
ments on the proposed regulation; and
(III) publish the final regulation not less than 30 days
before the effective date of the regulation.
(C) Notwithstanding any other provision of law, the Secretary
shall promulgate regulations implementing this subsection only as
described in subparagraph (B).
(s) REGISTRATION OF COMMERCIAL IMPORTERS.—
(1) REGISTRATION.—The Secretary shall require a commercial
importer of drugs—
(A) to be registered with the Secretary in a form and
manner specified by the Secretary; and
(B) subject to paragraph (4), to submit, at the time of
registration, a unique identifier for the principal place of
business for which the importer is required to register
under this subsection.
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(2) REGULATIONS.—
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154
(A) IN GENERAL.—The Secretary, in consultation with
the Secretary of Homeland Security acting through U.S.
Customs and Border Protection, shall promulgate regula-
tions to establish good importer practices that specify the
measures an importer shall take to ensure imported drugs
are in compliance with the requirements of this Act and
the Public Health Service Act.
(B) PROCEDURE.—In promulgating a regulation under
subparagraph (A), the Secretary shall—
(i) issue a notice of proposed rulemaking that in-
cludes the proposed regulation;
(ii) provide a period of not less than 60 days for com-
ments on the proposed regulation; and
(iii) publish the final regulation not less than 30
days before the regulation’s effective date.
(C) RESTRICTIONS.—Notwithstanding any other provision
of Federal law, in implementing this subsection, the Sec-
retary shall only promulgate regulations as described in
subparagraph (B).
(D) EFFECTIVE DATE.—In establishing the effective date
of the regulations under subparagraph (A), the Secretary
shall, in consultation with the Secretary of Homeland Se-
curity acting through U.S. Customs and Border Protection,
as determined appropriate by the Secretary of Health and
Human Services, provide a reasonable period of time for
an importer of a drug to comply with good importer prac-
tices, taking into account differences among importers and
types of imports, including based on the level of risk posed
by the imported product.
(3) DISCONTINUANCE OF REGISTRATION.—The Secretary shall
discontinue the registration of any commercial importer of
drugs that fails to comply with the regulations promulgated
under this subsection.
(4) UNIQUE FACILITY IDENTIFIER.—The Secretary shall specify
the unique facility identifier system that shall be used by reg-
istrants under paragraph (1). The requirement to include a
unique facility identifier in a registration under paragraph (1)
shall not apply until the date that the identifier system is spec-
ified by the Secretary under the preceding sentence.
(5) EXEMPTIONS.—The Secretary, by notice in the Federal
Register, may establish exemptions from the requirements of
this subsection.
(t) SINGLE SOURCE PATTERN OF IMPORTED ILLEGAL DRUGS.—If
the Secretary determines that a person subject to debarment as a
result of engaging in a pattern of importing or offering for import
controlled substances or drugs as described in section 306(b)(3)(D),
and such pattern is identified by the Secretary as being offered for
import from the same manufacturer, distributor, or importer, the
Secretary may by order determine all drugs being offered for im-
port from such person as adulterated or misbranded, unless such
person can provide evidence otherwise.
(u) ILLICIT ARTICLES CONTAINING ACTIVE PHARMACEUTICAL IN-
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GREDIENTS.—
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155
(1) IN GENERAL.—For purposes of this section, an article that
is being imported or offered for import into the United States
may be treated by the Secretary as a drug if the article—
(A) is not—
(i) accompanied by an electronic import entry for
such article submitted using an authorized electronic
data interchange system; and
(ii) designated in such a system as an article regu-
lated by the Secretary (which may include regulation
as a drug, a device, a dietary supplement, or other
product that is regulated under this Act); and
(B) is an ingredient that presents significant public
health concern and is, or contains—
(i) an active ingredient in a drug—
(I) that is approved under section 505 or li-
censed under section 351 of the Public Health
Service Act; or
(II) for which—
(aa) an investigational use exemption has
been authorized under section 505(i) of this
Act or section 351(a) of the Public Health
Service Act; and
(bb) a substantial clinical investigation has
been instituted, and such investigation has
been made public; or
(ii) a substance that has a chemical structure that
is substantially similar to the chemical structure of an
active ingredient in a drug or biological product de-
scribed in subclause (I) or (II) of clause (i).
(2) EFFECT.—This subsection shall not be construed to bear
upon any determination of whether an article is a drug within
the meaning of section 201(g), other than for the purposes de-
scribed in paragraph (1).
* * * * * * *
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156
COMPARISON WITH BUDGET RESOLUTION
Section 30&(a)(l)(A) of the Congressional Budget Act requires the report accompanying a bill providing new budget authority to contain a
statement comparing the levels in the biII to the suballocations submitted under section 302(b) of the Act for the most recently agreed to concurrent
resolution on the budget for the applicable fiscal year.
[In millions of dollars]
302 (b) Allocation This Bill
Budget Budget
Authority Outlays Authority Outlays
Comparison of amounts in the bill with Committee allocations to its
subcommittees: Subcommittee on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Discretionary........................................ . 23,980 24,150 23,980 11 23,999
Mandatory........................... .. .................................. ... ll2,486 92,902 112,486 II 92.902
l/ Includes outlays from prior~year budget authority.
N01E.-The amounts in this report do not include $70 mil!ion in discretionary budget authority and $68 million in associated outlays provided for the purposes specified in the
21st Century Cures Act (Public Law 114-255). Pursuant to title I of that act, such funding does not count for the purposes of the Congressional Budget Act of 1974 or the
Balanced Budget and Emergency Deficit Control Act of 1985.
In addition, the amounts in this report do not include $10,389 million in discretionary outlays from funding provided by the Families First Coronavirus Response Act (Public Law
116-127) and the CARES Act (Public Law 116-136}, that was designated as being for emergency requirements pursuant to section 251 of the Balanced Budget Balanced Budget
and Emergency Deficit Control Act of 1985. Consistent with the Congressional Budget Act of 1974, in the House ofRepresentatives sueh amounts do not count against the
Committee's allocation.
Five-Year Outlay Projections
In compliance with section 308(a)(l)(B) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended,
the following table contains five~year projections associated with the budget authority provided in the accompanying bill.
[In millions of dollars]
Outlays
Projection of outlays associated with the recommendation:
2021 ..................................................... . JI 98.282
2022............................ .................................... . 6.929
2,733
2023 ... ····················· .. ·······----·"-········ .................... .
2024.............................................. . 2,335
2025 and future years, .................... . 10,278
1/ Excludes outlays from prior-year budget authority,
Financial Assistance to State and Local Governments
In accordance with section 308(a)(l)(C) of the Congressional Budget Act of 1974, as amended, the Congressional Budget Office has provided the
following estimates of new budget authority and outlays provided by the accompanying bill for financial assistance to State and local governments.
[In millions of dollars]
Budget
Authority Outlays
•'inancial assistance to State and local governments for 2021.. .. 40,830 JI 21.408
1/ Excludes outlays from prior-year budget authority.
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
PO 00000
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
TITLE I - AGRICULTURAL PROGRAMS
Frm 00157
Processing, Research, and Marketing
Staff Offices
Fmt 6659
Office of the Secretary
Office of the Secretary .............................. . 5,051 5,143 5,118 +67 -25
Office of Homeland Security ......................... .. 1,496 1,336 1,329 -167 -7 157
Sfmt 6602
Office of Partnerships and Public Engagement ......... . 6,211 1,957 6,508 +297 +4,551
Office of the Assistant Secretary for Administration .. 875 887 883 +8 -4
Departmental Administration ... : ...................... . 21,376 27,161 22,509 +1, 133 -4,652
E:\HR\OC\HR446.XXX
Subtotal ....................................... .
----------~-----
22,251
---------------
28,048
---------------
23,392
--------------
+1 , 141
--------------
-4,656
Office of the Assistant Secretary for Congressional
Relations and Intergovernmental Affairs ............ . 3,869 3,941 3,921 +52 -20
Office of Comm uni cat i ens ............................. . 7,261 7,411 7,370 +109 -41
Total, Office of the Secretary ................. .
-~----~--------
46,139
~--------------
47,836
---------------
47,638
--------------
+1,499
--------------
-198
Executive Operations
HR446
Office of the Chief Economist ........................ . 24,013 20,857 21 , 251 -2,762 +394
Office of Hearings and Appeals ................ : ...... . 15,222 15,533 15,448 +226 -85
Insert offset folio 178 here 40805.002
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
PO 00000
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
Frm 00158
Office of Budget and Program Analysis •................ 9,525 20,660 9,666 +141 -10,994
Subtotal ....................................... . 48,760 57,050 46,365 -2,395 -10,685
Office of the Chief Information Officer .............. . 66,580 142,812 73,354 +6,774 -69,458
Fmt 6659
Office of the Chief Financial Officer ................ . 6,028 11 , 1 04 6,137 +109 -4,967
Office of the Assistant Secretary for Civil Rights ... . 901 914 - 910 +9 -4
Office of Civil Rights ............................... . 24,206 20,633 22,875 -1 , 331 +2,242
Office of Safety, Security, and Protection ........... . 24,978 23,218 +23,218
158
-1 , 760
Sfmt 6602
Agriculture Buildings and Facilities ................. . 128,167 152,830 108,186 -19,981 -44,644
Hazardous materials management ....................... . 4,503 3,523 7,518 +3,015 +3,995
Office of Inspector General .......................... . 98,208 100,389 99,791 +1,583 -598
Office of the General Counsel ........................ . 45,146 45,878 45,579 +433 -299
Office of Information Affairs ........................ . 2,500 -2,500
E:\HR\OC\HR446.XXX
Office of Ethics ..................................... . 4,136 4,222 4,198 +62 -24
Total, Executive Operations .................... . 426,635 566,833 438,131 +11,496 -128,702
Total , Staff Offices ........................... . 472,774 614,669 485,769 +12,995 -128,900
Office of the Under Secretary for Research, Education,
and Economics ...................................... . 800 813 6,109 +5,309 +5,296'
Office of the Chief Scientist .................... . 6,000 -6,000
HR446
Economic Research Service ............................ . 84,757 62,109 86,703 +1,946 +24,594
National Agricultural Statistics Service ............. . 180,294 177,465 183,434 +3, 140 +5,969
Census of Agriculture ............................ . (45,300) (46,300) (46,300) (+1,000)
Insert offset folio 179 here 40805.003
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
PO 00000
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
Agricultural Research Service
Frm 00159
Sa 1ari es and expenses ................................ . 1,414,366 1,367,970 1,453,712 +39,346 +85,742
Buildings and facilities ............................ .. 192,700 50,000 11,200 -181,500 -38,800
--------- ---·----- ---------
Fmt 6659
Total, Agricultural Research Service ........... . 1,607,066 1,417,970 1,464,912 -142,154 +46,942
National Institute of Food and Agriculture
Research and education activities .................... . 962,864 1,067,986 997,729 +34,865 -70,257 159
Sfmt 6602
Native American Institutions Endowment Fund .......... ·. (11,880) (11,857) (11,857) (-23)
Extension activities ................................. . 526,557 484,832 538,557 +12,000 +53,725
Integrated activities ................................ . 38,000 38,000 39,000 +1,000 +1 ,000
E:\HR\OC\HR446.XXX
Total, National Institute of Food and
Agriculture .................................. . 1,527,421 1,590,818 1,575,286 +47,865 -15 ,532
Office of the Under Secretary .for Marketing and
Regulatory Programs ................................ . 800 914 809 +9 -105
Animal and Plant Health Inspection Service
Salaries and expenses ................................ . 1,042,711 1,032,988 1,069,817 +27, 106 +36,829
HR446
Buildings and facilities ............................. . 3,175 2,574 3,175 +601
Total, Animal and Plant Health Inspection
Service .................................... . 1,045,886 1,035,562 1,072,992 +27, 106 +37,430
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Jkt 040805 COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
PO 00000
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
Frm 00160
Agricultural Marketing Service
Marketing Services ........ , .. , ....................... . 186,936 148,440 188,891 +1,955 +40, 451
(Limitation on administrative expenses, from fees
Fmt 6659
collected) ....•._............................ , ...... . (61,227) (60,982) (61,227) (+245)
Funds for strengthening markets, income, and supply
(Section 32):
Permanent, Sec ti on 32 ............................ . 1,404,000 1,359,864 1,359,864 -44, 136 160
Sfmt 6602
Marketing agreements and orders (transfer
from Section 32) ......................... . (20,705) (20,705) {20,705)
Payments to States and Possessions ............... . 1,235 1,235 +1,235
Limitation on inspection and weighing services ... . (55,000) {55,000) (55,000)
E:\HR\OC\HR446.XXX
--------------- --------------- --------------- -------------- --------------
Total, Agricultural Marketing Service program. 1,708,398 1,624,286 1,666,217 -42,181 +41 , 931
Office of the Under Secretary for Food Safety ... , .... . 800 813 809 +9 -4
Food 'safety and Inspection Service ................... . 1,054,344 1,092,405 1,088,552 +34,208 -3,853
Lab accreditation fees ........................... . (1,000) (1,000) (1,000)
=============== =============== =============== ============== ==============
Total, title I, Agricultural Programs .......... . 7,567,113
' 7,507,842 7,515,365 -51,748 +7,523
HR446
(By transfer) .................................. . (20,705) (20,705) (20,705) 0 0
(Limitation on administrative expenses) ........ . (116,227) (115,982) (116,227) (+245)
=============== =============== =============== ============== ==============
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AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
PO 00000
Enacted Request Bill Enacted Request
TITLE II - Farm Production and Conservation Programs
Frm 00161
Farm Production Programs
Office of the Under Secretary for Farm Production and
Conservation ....................................... . 901 1 , 141 916 +15 -225
Fmt 6659
Farm Production and Conservation Business Center ..... . 203,877 243,602 232,194 +28,317 -11,408
(by transfer from CCC) ........................... . (60,228) (60,228) (60,228)
(by transfer from ACIF) ........................... · (16,081) (-16,081)
(by transfer from Food for Peace (P.L. 480)) ..... . (112) (112) (+112) 161
Sfmt 6602
(by transfer from export loans) .................. . (318) (318) (+318)
--------------- --------------- --------------- -------------- --------------
Total, FPAC Business Center (including
transfers) ................................. . 280,186 304,260 292,852 +12,666 -11,408
E:\HR\OC\HR446.XXX
Farm Service Agency
Salaries and expenses ................................ . 1,122,837 1,104,684 1,152,323 +29,486 +47,639
(by transfer from Food for Peace (P.L. 480)) ..... . {142) (-142)
(by transfer from export loans) .................. . {318) {-318)
(by transfer from ACIF) .......................... . (290,917) (294,114) (294,114) (+3, 197)
--------------- --------------- --------------- -------------- --------------
Subtotal, transfers .......................... . (291,377) (294,114) (294,114) (+2, 737)
--------------- --------------- --------------- -------------- --------------
HR446 Total, Salaries and expenses (including
transfers) ................................... . 1,414,214 1,398,798 1,446,437 +32,223 +47,639
State mediation grants ............................... . 5,545 6,914 6,914 +1,369
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
PO 00000
Enacted Request Bill Enacted Request
Grassroots source water protection program ........... . 6,500 6,500 +6,500
Dairy indemnity program .............................. . 500 500 500
Frm 00162
Subtotal, Farm Service Agency .................. . 1,135,382 1,112,098 1,166,237 +30,855 +54, 139
Agricultural Credit Insurance Fund (ACIF) Program
Fmt 6659
Account:
Loan authorizations:
Farm ownership loans:
Direct ..................................... . (1,875,000) (2,119,000) (2,119,000) (+244,000)
Guaranteed ................................. . (2,750,000) (2,750,000) (2,750,000) 162
Sfmt 6602
----------- ----------- -----------
Subtotal ............................... . (4,625,000) (4,869,000) (4,869,000) (+244,000)
Farm operating loans:
E:\HR\OC\HR446.XXX
Direct ............................. , ....... . (1,550,133) (1,633,333) (1,633,333) (+83,200)
Unsubsidized guaranteed .................... . (1,960,000)
_________ _
.,. (2,118,482) (2,118,482) (+158,482)
---------- .. - ----------- ----------
Subtotal ............................... . (3,510,133) (3,751,815) (3,751,815) (+241,682)
Emergency loans .............................. . (37,668) (37,668) (37,668)
Indian tribe land acquisition loans .......... . (20,000) (20,000) (20,000)
Conservation loans:
Guaranteed ............................... . (150,000) (150,000) (150,000)
Indian Highly Fractionated Land Loans ........ . (10,000) (10,000) (+10,000)
HR446 Boll weevil eradication loans ................ . (60,000) (60,000) (60,000)
Relending program loans ...................... . (18,215) (18,215) (33,693) (+15, 478) (+15,478)
----------- --- .......... -- ----------- .....................
Total , Loan authorizations ................. . (8,431,016) (8,906,698) (8,932,176) (+501, 160) (+25,478)
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(Amounts in thousands)
PO 00000
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
Frm 00163
Loan subsidies:
Farm operating loans:
Direct ..................................... . 58,440 38,710 38,710 -19,730
Unsubsidized guaranteed ......... : .......... . 20,972 23,727 23,727 +2,755
Fmt 6659
Subtotal ............................... . 79,412 62,437 62,437 -16,975
Emergency Loans ..... , ...........•............. 2,023 207 207 -1, 816
Indian Highly Fractionated Land Loans ........ . 2,745 1,484 -1 , 261 +1,484 163
Sfmt 6602
Boll weevil eradication loans ................ . 6D -60
Relending program loans ...................... . 5,000 2,703 5,000 +2,297
Total, Loan subsidies and grants ......... . 89,240 65,347 69,128 -20, 112 +3,781
E:\HR\OC\HR446.XXX
ACIF administrative expenses:
Administrative Expenses ...................... . 317,068 307,344 307,344 -9,724
(Program Loan Cost Expenses) ............... . (10,070) (13,230) (13,230) (+3, 160)
(Transfer out to FSA Salaries and expenses). (-290,917) (-294, 114) (-294,114) (-3, 197)
(Transfer out to FPAC Business Center
Salaries and expenses) ................... . (-16,081) (+16,081)
Total, Agricultural Credit Insurance Fund
Program Account .............................. . 406,308 372,691 376,472 -29,836 +3, 781
HR446 (Loan authorizations) ......•.................... (8,431,016) (8,906,698) (8,932,176) (+501,160) (+25,478)
Total , Farm Service Agency ..................... . 1,541,690 1,484,789
---------
1 ,542, 709 +1,019 +57,920
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(Amounts in thousands)
PO 00000
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
Frm 00164
Risk Management Agency
RMA Salaries and Expenses ............................ . 58,361 59,440 59,374 +1,013 -66
Total, Farm Production Programs ................ . 1,804,829 1,788,972 1,835,193 +30,364 +46,221
Fmt 6659
Natural Resources Conservation Service:
Private Lands Conservation Operations ............ . 829,628 830,186 833,785 +4, 157 +3,599
164
(by transfer from FSRI) ........................ . (1,190,609) ( -1 , 190 , 609)
Sfmt 6602
Farm Security and Rural Investment Program:
Technical assistance (transfer out) .............. . ( -1 , 190,609) ( +1 , 190,609)
Administrative expenses-FPAC Business Center
(transfer out) ................................. . (-60,228) (-60 ,228) (-60,228).
E:\HR\OC\HR446.XXX
Total, Conservation operations ............. . 829,628 830,186 833,785 +4, 157 +3,599
Watershed flood and prevention operations ........ . 175,000 155, ooo· -20,000 +155,000
Watershed rehabilitation program ................. . 10,000 12,000 +2,000 +12,000
Total, Natural Resources Conservation Service .. . 1,014,628 830,186 1,000,785 -13, 843 +170,599
Corporations
HR446 Federal Crop Insurance Corporation:
Federal crop insurance corporation fund .......•... 9,959,000 8,716,000 8,716,000 -1,243,000
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(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
PO 00000
Enacted Request Bill Enacted Request
Commodity Credit Corporation Fund:
Reimbursement for net realized losses .............. . 26,309,033 25,553,096 25,553,096 -755,937
Frm 00165
Hazardous waste management (limitation on expenses) (5,000) (15,000) (15,000) (+10,000)
........ _., ___ _ ---.............. "' ----------
Total, Corporations ........................ , .. 36,268,033 34,269,096 34,269,096 -1,998,937
=============== =============== =============== ==============
Fmt 6659
Total, title II, Farm 'Production and
Conservation Programs ........................ . 39,087,490 36,888,254 37,105,074 -1,982,416 +216,820
(By transfer) .................................. . (367,686) (1,545,381) (354,772) (-12,914) ( -1 , 190,609)
(Transfer out) ............................... ·.. . (-367,226) ( -1 , 544,951 ) (-354,342) (+12,884) (+1,190,609) 165
Sfmt 6602
--------------- --------------- ---------------
TITLE III · RURAL DEVELOPMENT
E:\HR\OC\HR446.XXX
Office of the Under Secretary for Rural Development ... 800 1,036 812 +12 -224
Rural Development
Rural development expenses:
Salaries and expenses.: .......................... . 247,835 483,480 311,942 +64, 107 . -171,538
(by transfer from RHIF) .......................... , (412,254) (240,000) (412,254) (+172,254)
(by transfer from RDLFP) ............ ·........... , .. (4,468) (4,468) (+4,468)
(by transfer from RETLP) ......................... . (33,270) (38,000) (33,270) (-4,730)
HR446
Subtotal, transfers from program accounts .... . 449,992 278,000 449,992 +171,992
Total, Rural development expenses ............. :. 697,827 761,480 761,934 +64, 107 +454
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AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
PO 00000
Enacted Request Bill Enacted Request
Rural Housing Service
Frm 00166
Rural Housing Insurance Fund Program Account:
Loan authorizations:
Single family direct (Sec. 502) .............. . (1,000,000) (1,000,000) (+1,000,000)
Fmt 6659
Unsubsidized guaranteed .................. . (24,000,000) (24,000,000) (24,000,000)
------·-- ... ---------- ----------
Subtotal , Single family .............. . 25,000,000 24,000,000 25,000,000 +1,000,000
Housing repair (Sec. 504) .................... . (28,000) (28,000) (+28,000) 166
Sfmt 6602
Rental housing (Sec. 515) .................... . (40,000) (40,000) (+40,000)
Multi-family housing guarantees (Sec. 538) ... . (230,000) (230,000) (230,000)
Site development loans (Sec. 524) ............ . (5,000) (5,000) (+5,000)
Single family housing credit sales ........•... (10,000) (10,000) (10,000)
E:\HR\OC\HR446.XXX
Self-help housing land development housing
loans (Sec. 523) ........................... . (5,000) (5,000) (+5,000)
Farm Labor Housing (Sec.514) ................. . (28,000) (28,000) (+28,000)
Total, Loan authorizations ............... .
-~-------------
25,346,000
---------------
24,240,000
---------------
25,346,000
-------------- --------------
+1 ,-1 06 , 000
Loan subsidies: /'
Single family direct (Sec. 502) .............. . 90,000 33,300 -56,700 +33,300
Housing repair (Sec. 504) .................... . 4,679 2,215 -2,464 +2,215
Rental housing (Sec. 515) .................... . 12,144 6,688 -5,456 +6,688
HR446 Multi-family housing revitalization program .. . 40,000 30,000 +30,000 -10, 000
Farm labor housing (Sec.514) ................. . 8,739 5,093 -3,646 +5,093
Self-Help Land Development Housing Loans
(Sec.523) ....................•.............. 577 269 -308 +269
Insert offset folio 187 here 40805.011
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
PO 00000
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
Frm 00167
Site Development Loans (Sec.524) ............. . 546 355 -191 +355
Total, Loan subsidies .................... . 116,685 40,000 77,920 -38,765 +37,920
Fmt 6659
Farm 1 abor housing grants ....................... .. 10,000 10,000 +10,000
RHIF administrative expenses ..... , ............... . 412,254 240,000 412,254 +172,254
(transfer out to Rural Development) .............. . (-412,254) (-240, 000) (-412,254) (-172,254)
--------------- --------------- --------------- -------------- -------------- 167
Sfmt 6602
Total, Rural Housing Insurance Fund program .. . 538,939 280,000 500,174 -38,765 +220, 174
(Loan authorization) ......................... . (25,346,000) (24,240,000) (25,346,000) (+1,106,000)
Rental assistance program:
E:\HR\OC\HR446.XXX
Rental assistance (Sec. 521) ................. . 1,375,000 1,410,000 1,410,000 +35,000
Rural housing vouchers ................. , ..... . 40,000 40,000 +40,000
--------------- ---------------
1,450,000
-------------- --------------
Subtotal, Rental Assistance Program ...... . 1,375,000 1,450,000 +75,000
Multi-Family Housing Revitalization Program
Account:
Rural housing voucher program ................ . 32,000 -32,000
Multi-family housing revitalization program .. . 28,000 -28,000
Mutual and self-help housing grants .......... . 31,000 31,000 +31,000
HR446 Rural housing assistance grants .............. . 45,000 45,000 45,000
Insert offset folio 188 here 40805.012
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
PO 00000
FY 2020 FY 2021 Bill vs. Bill VS.
Enacted Request Bill Enacted Request
Rural community facilities program account:
Frm 00168
Loan authorizations:
Community facility:
Direct ............................... . (2,800,000) (2,500,000) (2,800,000) (+300,000)
Guaranteed ........................... . (500,000) (500,000) (500,000)
Fmt 6659
••••w•--••••~"~ ••---•-•-•••--• ,.,..,..,. ______ ,. .. " -~•-•-•-•••••- ----•••~•~•---
Total, Loan authorizations ....... . 3,300,000 3,000,000 3,300,000 +300,000
Loan subsidies and grants:
Community facility:
Non-conforming Subsidy ............... . 20,000 -20,000 168
Sfmt 6602
Grants ............................... . 32,000 30,000 32,000 +2,000
Rural community development initiative .. 6,000 6,000 +6,000
Economic impact initiative grants ...... . 6,000 6,000 +6,000
Tribal college grants .................. . 5,000 10,000 5,000 -5,000
- ....... --
------- ---------------
E:\HR\OC\HR446.XXX
--------------- -------------- --------------
Subtotal, Loan subsidies and grants. 49,000 60,000 49,000 -11,000
- ....... -- -- - ----- ----- ------- -- - -- .. -- --------
Total, grants and payments ........... . 125,000 105,000 125,000 +20,000
Total, Rural Housing Service ................. .
---------------
2,098,939
---------------
1,835,000
---------------
2,075,174
--------------
-23,765
--------------
+240,174
(Loan authorization) ......................... . (28,646,000) (27,240,000) (28,646,000) (+1,406,000)
Rural Business--Cooperative Service:
Energy Assistance Programs ....................... . 100,000 -100,000
HR446 Rural Business Program Account:
(Guaranteed business and industry loan
authorization) ............................. . (1,000,000) (1,500,000) (1,000,000) (-500,000)
Insert offset folio 189 here 40805.013
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
PO 00000
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands}
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
Frm 00169
Loan subsidies and grants:
Guaranteed business and industry subsidy .. 20,500 7,400 16,200 -4,300 +8,800
Rural business development grants .....
Fmt 6659
37,000 37,000 +37,000
Delta Regional Authority and
Appalachian Regional Commission ..... 9,000 9,000 +9,000
--------------- ---- ---------- --------------- ---------·---- -----~ ------
Total, RBP loan subsidies and 169
Sfmt 6602
grants ............ , . , .......... . 66,500 7,400 62,200 -4,300 +54,800
Intermediary Relending Program Fund Account:
(Loan authorization) ............ ,,.,., ....... . (18,889) (18,889) (+18,889)
E:\HR\OC\HR446.XXX
Loan subsidy ................................. . 5,219 2,939 -2,280 +2,939
Administrative expenses ...................... . 4,468 4,468 +4,468
(transfer out to Rural Development) ....... . (-4,468) (-4 ,468) (-4,468)
Total, Intermediary Relending Program
Account ... , ............... , .. , ....... . 9,687 7,407 -2,280 +7,407
Rural Economic Development Loans Program Account:
( Loan authorization) ...... , ......... , , .. , , . , , . (50,000) (50,000) (+50,000)
Limit cushion of credit interest spending ..... (50,000)
HR446
(50,000) (+50,000)
Insert offset folio 190 here 40805.014
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS ANO AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands) ·
FY 2020 FY 2021 Bill vs. Bill vs.
PO 00000
Enacted Request Bill Enacted Request
Rural Cooperative Development Grants:
Frm 00170
Cooperative development ...................... . 5,800 5,800 +5,800
Appropriate Technology Transfer for Rural
Areas ...................................... . 2,800 2,800 +2,800
Grants to assist minority producers .......... . 3,000 3,000 3,000
Value-added agricultural product market
Fmt 6659
development ................................ . 12,000 12,000 +12,000
Agriculture innovation centers ............... . 3,000 3,000 +3,000
--------------- --------------- --------------- -------------- --------------
170
Total, Rural Cooperative development
Sfmt 6602
grants ................................. . 26,600 3,000 26,600 +23,600
Rural Microentrepreneur Assistance Program ....... . 6,000 6,000 +6,000
Rural Energy for America Program:
E:\HR\OC\HR446.XXX
(Loan authorization) ......................... . {20,000) (20,000) (+20,000)
Loan subsidy and grants ...................... . 706 476 -230 +476
Total, Rural Business-Cooperative Service ...... .
-~---~---------
109,493
---------------
110,400
---------------
102,683
--------------
-6,810
--------------
-7, 717
(Loan authorizations) .......................... . (1,088,889) (1,500,000) (1,088,889) (-411,111)
Rural Utilities Service:
Rural water and waste disposal program account:
Loan authorizations:
HR446
Direct ............................ , ...... . (1,400,000) (1,270,000) (1,400,000) {+130,000)
Guaranteed ............................... . (50,000) (58,333) (50,000) (-8,333)
.. "' .. -....... - ..
Total, Loan authorizations ........... . 1,450,000 1,328,333 1,450,000 +121,667
Insert offset folio 191 here 40805.015
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
PO 00000
FY 2020 FY 2021 Bill vs., Bill vs.
Enacted Request Bill Enacted Request
Frm 00171
Loan subsidies and grants:
Direct subsidy ............... , ........... . 63,840 -63,840
Guaranteed subsidy ....................... . 70 70 60 -10 -10
Water and waste revolving. fund., ......... . 1,000 1,000 1,000
Fmt 6659
Water wel 1 system grants ................. . 5,000 1,000 5,000 +4,000
Colonias and AK/HI grants ................ . 68,000 68,000 68,000
Water and waste technical assistance ..... . 30,000 40,000 35,000 +5,000 -5,000
Circuit rider program ................... .. 19,570 19,000 19,570 +570
Solid waste management grants ............ . 4,000 4,000 4,000 171
Sfmt 6602
High energy cost grants .................. . 10,000 -10,000
Water and waste disposal grants .. , ....... . 443,000 463,350 463,350 +20,350
306A(i) (2) grants ....................... . 15,000 15,000 15,000
Emergency Community Water Assistance
E:\HR\OC\HR446.XXX
Grants ............... : .. ,•,•.••••.•••••• 2,650 -2,650
Total, Loan subsidies and grants ..... . 659,480 614,070 610,980 -48,500 -3,090
Rural Electrification and Telecommunications Loans
Program Account:
Loan authorizations:
Electric:
Di rect , FFB .......................... . (5,500,000) (5,500,000) (+5,500,000)
(-5,500,000)
HR446
Electric Direct, Treasury Rate ....... . (5,500,000)
Guaranteed underwriting .............. . (750,000) (750,000) (+750,000)
Subtotal , Electric ................. .
---------
6,250,000 5,500,000 6,250,000 +750,000
Insert offset folio 192 here 40805.016
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
PO 00000
Enacted Request Bill Enacted Request
L -------------------------------·
Telecommunications:
Frm 00172
Telecomm Direct, Treasury .......... .. (345,000) (690,000) (345,000) (-345,000)
Direct, FFB .......................... . (345,000) (345,000) (+345,000)
--------------- ---------------
690,000
---------------
690,000
-------------- --------------
Subtotal, Telecommunications ....... . 690,000
--------------- --------------- --------------- -------------- --------------
Fmt 6659
Total , Loan authorizations ............. . 6,940,000 6,190,000 6,940,000 +750 ,000
Loan Subsidy:
172
Telecommunications Direct, Treasury Rate 3,795 4,554 2,277 -1 , 518 -2,277
Sfmt 6602
RETLP administrative expenses ........ ,., ..... . 33,270 38,000 33,270 -4,730
(transfer out to Rural Development) ........ . (-33,270) (-38,000) (-33,270) (+4,730)
Total, Rural Electrification and
E:\HR\OC\HR446.XXX
Telecommunications Loans Program Account 37;065 42,554 35,547 -1,518 -7,007
(Loan authorization) ...................... (6,940,000) (6,190,000) (6,940,000) (+750,000)
Broadband Program:
Loan authorizations:
Broadband telecommunications .............. (11,179) (11,179) (+11,179)
Loan subsidies and grants:
Distance learning and telemedicine:
HR446
- Grants ................................ 50,000 44,000 50,000 +6,000
Broadband telecommunications:
Direct ................................ 2,000 1,884 -116 +1,884
Grants ................................ 35,000 30,000 35,000 +5,000
Insert offset folio 193 here 40805.017
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
FY 2020 FY 2021 Bi11 vs. Bill vs.
PO 00000
Enacted Request Bi11 Enacted Request
Broadband E-Connect:
Loan subsidies and grants ............ . 250,000 -250,000
Frm 00173
Total, Loan subsidies and grants ... . 87,000 324,000 86,884 -116 -237,116
Total, Rural Utilities Service ................. . 783,545 980,624 733,411 -50,134 -247,213
Fmt 6659
(Loan authorization) ........................... . (8,401,179) (7,518,333} (8,401,179) (+882,846)
=============== =============== =============== ============== ==============
Total, title III, Rural Development Programs ... . 3,240,612 3,410,540 3,224,022 -16,590 -186,518
{By transfer) ........................ ·.......... . (449,992) (278,000) (449,992) (+171,992) 173
Sfmt 6602
(Transfer out) ...........................•...... (-449,992) (-278,000) (-449, 992) (-171, 992)
{Loan authorizations) ....................•...... (38,136,068) (36,258,333) (38,136,068) (+1,877,735)
E:\HR\OC\HR446.XXX
TITLE IV - DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and
Consumer Services ............................•...... 800 813 809 +9 -4
Food and Nutrition Service:
Child nutrition programs ........................ . 23,550,098 25,040,911 25,046,440 +1,496,342 +5,529
School breakfast program equipment grants ... .. 30,000 35,000 +5,000 +35,000
Demonstration projects (Summer EBT) .......... . ____ 35,000
.. ___ .. _ 50,000 +15,000 +50,000
_______ ... _ --------------
HR446 Total, Child nutrition programs ......•...... 23,615,098
---------------
25,040,911
----~----------
25,131,440 +1,516,342 +90,529
Special supplemental nutrition program for women,
infants, and children (WIC) .................... . 6,000,000 5,451,501 5,750,000 -250,000 +298,499
Insert offset folio 194 here 40805.018
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Jkt 040805 COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
PO 00000 FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
Frm 00174 Supplemental nutrition assistance program:
(Food stamp program) .......•.................... 64,885,287 65,281,364 65,276,364 +391,077 -5,000
Reserve ...................................... . 3,000,000 3,000,000 3,000,000
Fmt 6659
FOPIR nutrition education services ........... . 998 998 +998
Total, Food stamp program .................. .
---------------
67,886,285
---------------
68,281,364
---------------
68,277,362 +391,077 -4,002
174
Sfmt 6602
Commodity assistance program:
Commodity supplemental food program .......... . 245,000 290,000 +45,000 +290,000
Farmers market nutrition program ............. . 18,548 20,000 +1,452 +20,000
Emergency food assistance program .......•..... 79,630 79,630 79,630
Pacific island and disaster assistance ....... . 1,070 1,070 1,070
E:\HR\OC\HR446.XXX
--------------- --------------- ---------------
Total, Commodity assistance program;., ..... . 344,248 80,700 390,700 +46,452 +310,000
Nutrition programs administration ................ . 155,891 155,251 156,368 +477 +1, 117
Congressional Hunger Center.,. ................ . (2,000) (2,000) (+2,000)
------ - ---- -----~~-------- --------- -- - .. .. ..... - .. -
Total, Food and Nutrition Service ............ . 98,001,522 99,009,727 99,705,870 +1,704,348 +696, 143
=============== =============== =============== ============== ==============
HR446
Total, title IV, Domestic Food Programs .. : .... 98,002,322 99,010,540 99,706,679 +1,704,357 . +696, 139
Insert offset folio 195 here 40805.019
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
FY 2020 FY 2021 Bi 11 VS. Bill vs.
PO 00000
Enacted Request Bi,l l Enacted Request
TITLE V - FOREIGN ASSISTANCE AND RELATED PROGRAMS
Frm 00175
Office of the Under Secretary for Trade and Foreign
Agricultural Affairs ............................... . 875 891 887 +12 -4
Office of Codex Alimentarius ......................... . 4,775 4,817 4,805 +30 -12
Fmt 6659
Foreign Agricultural Service
Salaries and expenses ................................ . 215,513 193,703 222,243 +6,730 +28,540
(By transfer from export loans) .................. . (6,063) (6,063) (6,063)
175
Sfmt 6602
Total, Salaries and expenses (including
transfers) ................................. . 221,576 199,766 228,306 +6,730 +28,540
Food for Peace Title I Direct Credit and Food for
E:\HR\OC\HR446.XXX
Progress ·Program Account:
Administrative expenses .......................... . 142 112 112 -30
FSA Salaries and expenses (transfer out) ..... . (-142) (+142)
FPAC Business Center Salaries and expenses
(transfer out) ............................. . ( -112) ( -112) (-112)
Food for Peace Title II Grants:
Expenses ......................................... . 1,725,000 1,775,000 +50,000 +1,775,000
Commodity Credit Corporation Export Loans Program
HR446 Account:
Admi ni strati ve expenses .......................... . 6,381 6,381 6,381
Foreign Agriculture Service, Salaries and
expenses (transfer out) .................... . (-6,063) (-6,063) (-6,063)
Insert offset folio 196 here 40805.020
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
PO 00000
Enacted Request Bill Enacted Request
Farm Service Agency Salaries and expenses
(transfer out) ............................. . (-318) {+318)
Frm 00176
FPAC Business Center Salaries and expenses
(transfer out).; ........................... . (-318) (-318) (-318)
Total, CCC Export Loans Program Account .. . 6,381 6,381 6,381
Fmt 6659
McGovern-Dole International Food for Education and
Chi 1d Nutrition program grants .................. . 220,000 235,000 +15,000 +235,000
176
Sfmt 6602
Total, title V, Foreign Assistance and Related
Programs ..................................... . 2,172,686 205,904 2,244,428 +71,742 +2,038,524
(By transfer) .................................. . (6,063) (6,063) (6,063)
(Transfer out) .................................. . (-6,523) (-6,493) (-6,493) (+30)
E:\HR\OC\HR446.XXX
TITLE VI· RELATED AGENCIES AND FOOD AND
DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
HR446
)
Salaries and expenses
Direct appropriation ................................. . 3,159,678 3,206,564 3,200,506 +40 ,828 -6,058
Transfer to OIG (transfer out) ................... . (-1,500) (-1,500) (·1,500)
Insert offset folio 197 here 40805.021
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
PO 00000
Enacted Request Bill Enacted Request
Spending from appropriated user fees:
Frm 00177
Prescription drug user fees ...................... . 1,074,714 1,119,188 1,119,188 +44,474
Medical device user fees ........................ .. 220,142 238,595 238,595 +18,453
Human generic drug user fees ..................... . 513,223 526,039 526,039 +12,816
Biosimilar biological products user fees ......... . 41,923' 42,998 42,998 +1,075
Fmt 6659
Animal drug user fees ...........•................. 30,611 31,306 31,306 +695
Animal generic drug user fees ................... .. 20, 151 20,609 20,609 +458
Tobacco product user fees ........................ . 712,000 712,000 712,000
-- -- - ____ ..... - ------ --~-- ------••*•••*•
Subtotal, user fees (appropriated) •............. 2,612,764 2,690,735 2,690,735 +77, 971 177
Sfmt 6602
-••••-•-••••••• ••••••-~-----M- ----- --------- ------------ --------~-----
Subtotal (including appropriated user fees) .... . 5,772,442 5,897,299 5,891,241 +118,799 -6,058
Mammography user fees ............................ . 21 , 351 18,618 18,618 -2,733
E:\HR\OC\HR446.XXX
Export user fees ................................. . 4,696 4,886 4,886 +190
Color certification user fees .................... . 10,534 10,469 10,469 -65
Food and Feed Recall user fees .................. .. 1,492 1,492 1,492
Food Rei nspecti on fees ........................... . 6,673 6,673 6,673
Voluntary qualified importer program fees ........ . 5,515, 5,514 5,514 -1
Pharmacy compounding fees ........................ . 1,676 1,581 1,581 -95
Priority review vouchers (PRV) pediatric.disease .. 7,997 7,997 7,997
Priority review vouchers (PRV) tropical disease .. 2,556 2,556 +2,556
Priority review vouchers (PRV) medical
countermeasures ................................ . 2,556 2,556 +2,556
HR446 Thi rd party auditor .............................. . 742 741 741 -1
Over-the-Counter Monograph fees .................. . 28,400 28,400 28,400
Increased export certification fees (legislative
proposal) ...................................... . 4,366 -4,366
Insert offset folio 198 here 40805.022
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
PO 00000
FY 2020 FY 2021 Bi11 vs. Bi 11 vs.
Enacted Request Bill Enacted Request
Frm 00178
Innovative food products fees (legislative
proposal) ...................................... . 28,000 -28,0QO
Expand tobacco products fees (legislative
proposal) ...................................... . 100,000 -100,000
-------~------- --------------- --------------- -------------- --------------
Fmt 6659
Subtotal, spending from FDA user fees ........ . 2,701,840 2,914,584 2,782,218 +80,~78 -132,366
Total, Salaries and expenses (including user
--------------- --------------- --------------- -------------- --------------
178
fees) ........................................ . 5,861,518 6, 121 , 148 5,981,224 +119,706 -139,924
Sfmt 6602
HHS Office of Inspector General (by transfer) ........ . (1,500) (+1,500) (+1,500)
Buildings and facilities ............................. . 11,788 13,788 11,788 -2,000
FDA Innovation account ................ , .... ·, . , ....... . 75,000 70,000 70,000 -5,000
Offset of appropriation pursuant to Section 1002
E:\HR\OC\HR446.XXX
(b)(3)(B) of the 21st Century Cures Act (P.L.
114-255) ........................................... . -75,000 -70,000 -70,000 +5,000
Spending of FDA innovation account (transfer) ........ . (75,000) (70,000) (70,000) (-5,000)
Total, FDA (w/user fees, including proposals) .. .
---------------
5,873,306
---------------
6,134,936
---------------
5,994,512
--------------
+121,206
--------------
-140,424
--------------- --------------- --------------- -------------- --------------
Total, FDA (w/enacted user fees only) .......... . 5,873,306 6,002,570 5,994,512 +121,206 -8,058
FDA user fees ........................................ . -2,701,840 -2,914,584 -2,782,218 -80,378 +132,366
HR446 Total, Food and Drug Administration (excluding
user fees) ................................... . 3,171,466 3,220,352 3,212,294 +40,828 -8,058
Insert offset folio 199 here 40805.023
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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR 2020
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bi 11 VS.
PO 00000
Enacted Request Bill Enacted Request
INDEPENDENT AGENCIES
Frm 00179
Commodity Futures Trading Commission ................. . 315,000 226,500 304,000 -11,000 +77,500
Farm Credit Administration (limitation on
administrative expenses) ........................... . (77,000) (80,400) (80,400) (+3,400)
Fmt 6659
Total, title VI, Related Agencies and Food and
Drug Admi ni st ration ........................... . 3,486,466 3,446,852 3,516,294 +29,828 +69,442
179
Sfmt 6602 TITLE VII - GENERAL PROVISIONS
Rural Energy Savings Program ......................... . 12,000 12,000 +12,000
E:\HR\OC\HR446.XXX
Farm to School ....................................... . 9,000 12,000 +3,000 +12,000
Heal thy Food Financing Initiative .................... . s;ooo 5,000 +5,000
Citrus Greening ...................................... . 8,500 8,500 +8,500
Broadband Pilot ...................................... . 300,000 915,000 +615,000 +915,000
Section 313 funds ................................ . (255,000) (75,000) (-180,000) (+75,000)
NIFA Military Veteran Grants ......................... . 5,000 5,000 +5,000
Centers of Excellence ................................. . 6,000 14,000 +8,000 +14,000
Rural Hospital Technical Assistance ...... , ........... . 1,000 2,000 . +1, 000 +2,000
Protecting Animals with Shelter Grants ............... . 2,000 3,000 +1,000 +3,000
HR446
Tribal Demonstration Projects ........................ . 3,000 3,000 +3,000
International Agricultural Education Fellowship ...... . 1,000 1,000 +1,000
School Breakfast Expansion Grants ........ , ......... , .. 5,000 15,000 +10,000 +15,000
Urban Agriculture Office ............................. . 5,000 7,000 +2,000 +7,000
Food Loss Liaison ................................... .. 400 500 +100 +500
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AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
PO 00000
FY 2020 FY 2021 Bi11 vs. Bill vs.
Enacted Request Bill Enacted Request
Hea1thy Fluid Milk ..........................•......... 1,000 1,000 +1,000
Frm 00180
Pol 1i nator Research Coordinator ...................... . 400 400 +400
Farm Opportunities Training and Outreach ............. . 5,000 5,000 +5,000
Tribal Student Scholarships .......................... . 5,000 5,000 +5,000
.
Genome to Phenome .................................... . 1,000 1,000 +1,000
Nutrition Assistance Program Study ................... . 6,000 -6,000
Fmt 6659
Mi era-grants for Food Security ....................... . 5,000 5,000 +5,000
Water Bank program .................................. . 4,000 -4,000
Geographic Disadvantaged farmers ..................... . 2,000 2,000 +2,000
Maturing mortgage pi1ot .............................. . 1,000 -1,000
180
Sfmt 6602
Conservation Reserve Program Pilot ................... . 1,000 -1,000
WIC (rescission) ..................................... . -1,000,000 -1,200,000 -1,000;000 +200,000
Dairy innovation ..................................... . 20,000 1,000 -19,000 +1,000
RISE grants .......................................... . 5,000 -5,000
FDA Buildings and Facilities ......................... . 20,000 -20,000
E:\HR\OC\HR446.XXX
Mitigation banking ................................... . 5,000 -5,000
Electric refinancing (rescission) .................... . -15,073 +15,073
Waste water pi 1ot program ............................ . 5,000 -5,000
Office of the Secretary (Sec. 791) (rescission of
.emergency funding) ................................. . -1,500,000 +1,500,000
WHIP program (Sec. 791) (emergency) .........•......... 1,500,000 -1,500,000
Ebola prevention and treatment (Sec. 792) (emergency). 535,000 -535,000
Agriculture Business Innovation Center ......•......... 2,000 +2,000 +2,000
Renewable Energy ...................•........•......... 10,000 +10,000 +10,000
HR446
Total, title VII, General Provisions ........... . -30,773 -1,200,000 35,400 +66, 173 +1,235,400
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(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
PO 00000
Enacted Request Bill Enacted Request
Frm 00181
OTHER APPROPRIATIONS
ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER
RELIEF ACT, 2019
Crop insurance purchasing requirement (emergency) .... . 7,000 -7,000
Fmt 6659
Revenue protection insurance for hemp (emergency) .... . 1,000 -1,000
Total, Additional Supplemental Appropriations
181
for Disaster Relief Act, 2019 ................ . 8,000 -8,000
Sfmt 6602
USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019
(P.L. 116-113)
Department of Agr_iculture
E:\HR\OC\HR446.XXX
Animal and Plant Health Inspection Service
Salaries and expenses (emergency) .................... . 4,000 -4,000
CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL
APPROPRIATIONS ACT, 2020 (P.L. 116-123 DIV. A)
Department of Agricultu~e
HR446 Food and Drug Administration
Salaries and Expenses (emergency) .................... . 61,000 -61,000
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(Amounts in thousands)
FY 2020 FY 2021 Bill vs.
PO 00000
Bill vs.
Enacted Request Bill Enacted Request
SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE
Frm 00182
SUPPLEMENTAL APPROPRIATIONS ACT, 2020 (P.L. 116-127)
Department of Agriculture
Food and Nutrition Service
Fmt 6659
Special Supplemental Nutrition Program for Women,
Infants, and Children (emergency) .................. . 500,000 -500,000
182
Commodity Assistance Program (emergency) ............. . 400,000 -400,000
Sfmt 6602
General Provisions
Grants for Nutrition Assistance (Sec. 1102)
(emergency) ........................................ . 100,000 -100,000
E:\HR\OC\HR446.XXX
Total, Second Coronavirus Preparedness and
Response Supplemental Appropriations Act, 2020 1,000,000 -1,000,000
EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH
RESPONSE AND AGENCY OPERATIONS (P.L. 116-136 DIV B)
DEPARTMENT OF AGRICULTURE
Office of the Secretary (emergency) .................. . 9,500,000 -9,500,000
HR446
Office of Inspector General (emergency) .............. . 750 -750
Animal and Plant Health Inspection Service
Salaries and expenses (emergency) .................... . 55,000 -55,000
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(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
PO 00000
Enacted Request Bill Enacted Request
Agricultural Marketing Service
"
Frm 00183
Expenses and Refunds, Inspection and Grading of Farm
Products (emergency),., ............................ . 45,000 -45,000
Food Safety and Inspection Service (emergency) .. , .... . 33,000 -33,000
Fmt 6659
Farm Service Agency
Salaries and expenses (emergency) .................... . 3,000 -3,000
183
Sfmt 6602
Rural Business-Cooperative Service:
Rural Business Program Account:
Loan subsidies and grants:
Guaranteed Business and Industry Subsidy
E:\HR\OC\HR446.XXX
· (emergency) .............................. . 20,500 -20,500
Rural Utilities Service:
Broadband Program:
Loan subsidies and grants:
Distance Learning and Telemedicine grants
(emergency) .............................. . 25,000 -25,000
Food and Nutrition Service
HR446 Supplemental Nutrition Assistance Program:
FDPIR nutrition education service (emergency) ..... 100,000 -100,000
Nutrition Assistance for U.S. territories (emergency). 200,000 -200,000
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AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
PO 00000
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Enacted Request Bill Enacted Request
Frm 00184
Commodity Assistance Program:
Emergency food assistance program (emergency) ..... 450,000 -450,000
Fmt 6659
Foreign Agricultural Service
Salaries and expenses (emergency) ...... · .............. . 4,000 -4,000
184
Sfmt 6602
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
E:\HR\OC\HR446.XXX
Salaries and expenses (emergency) .................... . 80 ,0_00 -80,000
GENERAL PROVISIONS - THIS TITLE
Commodity Credit Corporation (emergency) ............. . 14,000,000 -14,000,000
Reconnect Broadband pilot program (emergency) ........ . 100,000 -100,000
Total, Emergency Appropriations for Coronavirus
Health Response and Agency Operations ........ . 24,616,250 -24,616,250
.. -- .. - ......... - ..
HR446
----------
Total, Other Appropriations .................... . 25,689,250 -25,689,250
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Frm 00185
AND BUDGET REQUESTS AND AMOUNTS RECOMMENDED IN THE BILL FOR 2021
(Amounts in thousands)
FY 2020 FY 2021 Bill vs. Bill vs.
Fmt 6659
Enacted Request Bill Enacted Request
Grand total ........................................... 179,215,166 149,269,932 153,347,262 -25,867,904 +4,077,330
Appropriations .................................... (156,707,829) (153,384,516) (157,129,480) (+421,651) {+3,744,964) 185
Sfmt 6602
Emergency appropriations .......................... (27,724,250) (-27, 724,250)
Offsetting collections ............................ (-2,701,840) (-2,914,584) (-2,782,218) (-80,378) (+132,366)
Rescissions ....................................... (-1,015,073) (-1,200,000) (-1,000,000) (+15,073) (+200,000)
Rescissions of emergency funding .................. (-1,500,000) (+1,500,000)
E:\HR\OC\HR446.XXX
(By transfer) ......................................... (1,647,482) (3,658,888) (1,623,154) (-24, 328) (-2,035,734)
(Transfer out) ........................................ (-1,647,482) (-3,658,888) (-1,623,154) (+24,328) (+2,035,734)
(Loan authorization) .................................. (46,567,084) (45,165,031) (47,068,244) (+501, 160) (+1,903,213)
(Limitation on administrative expenses) ............... (198,227) (211,382) (211,627) (+13,400) (+245)
HR446
Insert offset folio 206 here 40805.030
Minority Views
We appreciate the collegial and collaborative efforts of Agri-
culture Subcommittee Chairman Sanford Bishop and the Full Com-
mittee Chairwoman Nita Lowey in producing this Agriculture ap-
propriations bill that addresses critical priorities of Members on
both sides of the aisle. We generally agree with the Majority on
funding provided for many programs and initiatives in this bill.
Unfortunately, due to concerns about governmentwide spending
levels and a number of controversial policy provisions, we are un-
able to support the bill as written at this time.
We are pleased that this bill continues the previous commitment
made by Republicans to work with the private sector in rebuilding
or building the economic vitality of rural America through a
$4,214,000,000 investment in critical infrastructure and business
programs at the U.S. Department of Agriculture (USDA). The Ma-
jority includes report language at our request to encourage the
USDA to consider the broader social benefits when the Department
seeks applications for over one billion dollars in broadband re-
sources in this bill. We also appreciate the Majority’s cooperation
in setting aside a percentage of these rural broadband funds to
those communities whose population exceeds the current popu-
lation cap but are still ‘‘rural in character’’. We cannot allow these
rural communities to be stuck in the digital divide and denied the
basic communication utilities available to larger suburban or urban
communities.
We appreciate the Committee agreeing to include several provi-
sions aimed at improving the safety and efficacy of the human drug
supply, which is often sourced from outside of the United States.
Our country has become acutely aware of our excessive dependency
on the production of medical supplies in China and other foreign
countries during the ongoing COVID–19 pandemic. Until more Ac-
tive Pharmaceutical Ingredients (API) and finished drug products
are produced domestically, more must be done to ensure drugs are
safe and effective.
One of the greatest objections to this bill is that the Majority has
created the illusion of billions of dollars being available to spend
above the caps established in law by the Bipartisan Budget Act of
2019 (P.L. 116–37). The Committee must prioritize within these
budget caps rather than artificially inflating spending by using a
false budgeting device to free up funds for lower priorities. In addi-
tion to objections to overall spending levels, we have major policy
differences. Many provisions will need to be dropped or modified
before this bill can be signed into law.
The first problematic provision deals with the Rainy River Wa-
tershed Withdrawal. Under normal circumstances, the Minority is
in strong support of transparency in federal decision-making. In
this case, the document requirement appears excessive and unnec-
(186)
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187
essary because USDA reportedly has already provided thousands of
documents to Congress in response to requests on this topic.
The second objectionable provision relates to the permanent na-
ture of proposed reforms to the Supplemental Nutrition Assistance
Program (SNAP). In March, Congress demonstrated bipartisan
support for the Families First legislation (P.L. 116–127), which in-
cluded a suspension of additional work requirements during the
high unemployment of the pandemic for certain SNAP recipients.
Additionally, P .L. 116–127 included the maximum allotment of
benefits to all households participating in SNAP during the ongo-
ing public health emergency. These temporary measures were nec-
essary at the time, but we must restore the program to normal op-
erations and reform it for the future. Unfortunately, in this bill, the
Majority has chosen to stop the Administration’s proposed reforms
of SNAP.
Lastly, we believe the Majority’s provision withdrawing line
speed waivers during the COVID–19 emergency is unnecessary.
The Majority’s continued attack on this modernized inspection sys-
tem and its link to COVID–19 is puzzling. The language in this bill
gives the appearance of protecting worker safety, yet the bill lan-
guage only affects an estimated 0.25 percent of the meat and poul-
try inspection plants regulated in the United States.
As the legislative process continues, we pledge to work with
Chairman Bishop and Chairwoman Lewey to address the concerns
described here. Working together, we can deliver on the needs of
this Nation’s farmers, ranchers, rural communities, the impover-
ished, patients, entrepreneurs, and consumers.
KAY GRANGER.
JEFF FORTENBERRY.
Æ
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