[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8239 Reported in House (RH)]
<DOC>
Union Calendar No. 300
117th CONGRESS
2d Session
H. R. 8239
[Report No. 117-392]
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2023, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2022
Mr. Bishop of Georgia, from the Committee on Appropriations, reported
the following bill; which was committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2023, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for fiscal year ending
September 30, 2023, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $69,845,000,
of which not to exceed $8,432,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,396,000 shall be available
for the Office of Homeland Security; not to exceed $5,190,000 shall be
available for the Office of Tribal Relations; not to exceed $11,287,000
shall be available for the Office of Partnerships and Public
Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not
to exceed $28,822,000 shall be available for the Office of the
Assistant Secretary for Administration, of which $27,116,000 shall be
available for Departmental Administration to provide for necessary
expenses for management support services to offices of the Department
and for general administration, security, repairs and alterations, and
other miscellaneous supplies and expenses not otherwise provided for
and necessary for the practical and efficient work of the Department:
Provided, That funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office; not to
exceed $4,609,000 shall be available for the Office of Assistant
Secretary for Congressional Relations and Intergovernmental Affairs to
carry out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch; and
not to exceed $10,109,000 shall be available for the Office of
Communications: Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent: Provided further, That
not to exceed $22,000 of the amount made available under this paragraph
for the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration shall
be reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under this heading
for the Office of the Assistant Secretary for Congressional Relations
and Intergovernmental Affairs shall be transferred to agencies of the
Department of Agriculture funded by this Act to maintain personnel at
the agency level: Provided further, That no funds made available under
this heading for the Office of Assistant Secretary for Congressional
Relations may be obligated after 30 days from the date of enactment of
this Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency: Provided further, That during any 30 day
notification period referenced in section 716 of this Act, the
Secretary of Agriculture shall take no action to begin implementation
of the action that is subject to section 716 of this Act or make any
public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$30,181,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155: Provided, That of
the amounts made available under this heading, $500,000 shall be
available to carry out section 224 of subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as amended by
section 12504 of Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$16,703,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $16,967,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $93,284,000, of which not less than $77,428,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $9,559,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $1,466,000: Provided, That funds made available by this
Act to an agency in the Civil Rights mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $37,595,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $68,858,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $8,581,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security, and
Protection, $21,800,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), $111,061,000, including such sums
as may be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the
Agriculture and Food Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$62,137,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $5,556,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $3,384,000: Provided, That funds
made available by this Act to an agency in the Research, Education, and
Economics mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office: Provided
further, That of the amounts made available under this heading,
$2,000,000 shall be made available for the Office of the Chief
Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$90,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $211,023,000, of which up to $66,361,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,737,629,000: Provided, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $500,000, except for headhouses or
greenhouses which shall each be limited to $1,800,000, except for 10
buildings to be constructed or improved at a cost not to exceed
$1,100,000 each, and except for four buildings to be constructed at a
cost not to exceed $5,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever is
greater: Provided further, That appropriations hereunder shall be
available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be owned,
operated, and maintained by the non-Federal entity and shall be removed
upon the expiration or termination of the lease agreement: Provided
further, That the limitations on alterations contained in this Act
shall not apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the foregoing
limitations shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable
to, the Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest of
the United States: Provided further, That funds may be received from
any State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $57,305,000 to
remain available until expended, of which $25,900,000 shall be for the
purposes, and in the amounts, specified for this account in the table
titled ``Community Project Funding'' in the report accompanying this
Act.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$1,142,021,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the report
accompanying this Act: Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, Hispanic
serving institutions education grants, capacity building for non-land-
grant colleges of agriculture, the agriculture and food research
initiative, veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, grants management
systems, tribal colleges education equity grants, and scholarships at
1890 institutions shall remain available until expended: Provided
further, That each institution eligible to receive funds under the
Evans-Allen program receives no less than $1,000,000: Provided further,
That funds for education grants for Alaska Native and Native Hawaiian-
serving institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds awarded
equally to each of the States of Alaska and Hawaii: Provided further,
That funds for providing grants for food and agricultural sciences for
Alaska Native and Native Hawaiian-Serving institutions and for Insular
Areas shall remain available until September 30, 2024: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $586,502,000, which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the report accompanying this
Act: Provided, That funds for extension services at 1994 institutions
and for facility improvements at 1890 institutions shall remain
available until expended: Provided further, That institutions eligible
to receive funds under 7 U.S.C. 3221 for cooperative extension receive
no less than $1,000,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C.
343(b) and (c)) and section 208(c) of Public Law 93-471 shall be
available for retirement and employees' compensation costs for
extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $39,500,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the report accompanying this Act: Provided, That funds
for the Food and Agriculture Defense Initiative shall remain available
until September 30, 2024: Provided further, That notwithstanding any
other provision of law, indirect costs shall not be charged against any
Extension Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $1,617,000: Provided, That funds
made available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,164,209,000, of which $530,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $15,950,000, to remain available until expended,
shall be used for the cotton pests program, including for cost share
purposes or for debt retirement for active eradication zones; of which
$39,183,000, to remain available until expended, shall be for Animal
Health Technical Services; of which $4,096,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as amended (15
U.S.C. 1831); of which $64,930,000, to remain available until expended,
shall be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $219,698,000, to remain available until
expended, shall be for specialty crop pests; of which, $14,986,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $24,067,000, to remain available until
expended, shall be for zoonotic disease management; of which
$44,117,000, to remain available until expended, shall be for emergency
preparedness and response; of which $62,562,000, to remain available
until expended, shall be for tree and wood pests; of which $6,528,000,
to remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain available
until expended, shall be for the scrapie program for indemnities; of
which $2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended: Provided
further, That of amounts available under this heading for the screwworm
program, $4,990,000 shall remain available until expended; of which
$24,527,000, to remain available until expended, shall be used to carry
out the science program and transition activities for the National Bio
and Agro-defense Facility located in Manhattan, Kansas: Provided
further, That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year that does
not require minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available for the
purchase, replacement, operation, and maintenance of aircraft: Provided
further, That in addition, in emergencies which threaten any segment of
the agricultural production industry of the United States, the
Secretary may transfer from other appropriations or funds available to
the agencies or corporations of the Department such sums as may be
deemed necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or pests of
animals, poultry, or plants, and for expenses in accordance with
sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C.
8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7
U.S.C. 7751 and 7772), and any unexpended balances of funds transferred
for such emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7 U.S.C.
2250) for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2023, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$242,913,000, of which $7,504,000 shall be available for the purposes
of section 12306 of Public Law 113-79: Provided, That of the amounts
made available under this heading, $25,000,000, to remain available
until expended, shall be to carry out section 12513 of Public Law 115-
334: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701), except
for the cost of activities relating to the development or maintenance
of grain standards under the United States Grain Standards Act, 7
U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $62,596,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $21,501,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $1,117,000: Provided, That funds made available by this
Act to an agency in the Food Safety mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,180,364,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2023 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That this appropriation shall be available pursuant to law (7
U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for
Farm Production and Conservation, $1,727,000: Provided, That funds made
available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $257,684,000: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,229,396,000:
Provided, That not more than 50 percent of the funding made available
under this heading for information technology related to farm program
delivery may be obligated until the Secretary submits to the Committees
on Appropriations of both Houses of Congress, and receives written or
electronic notification of receipt from such Committees of, a plan for
expenditure that (1) identifies for each project/investment over
$25,000 (a) the functional and performance capabilities to be delivered
and the mission benefits to be realized, (b) the estimated lifecycle
cost for the entirety of the project/investment, including estimates
for development as well as maintenance and operations, and (c) key
milestones to be met; (2) demonstrates that each project/investment is,
(a) consistent with the Farm Service Agency Information Technology
Roadmap, (b) being managed in accordance with applicable lifecycle
management policies and guidance, and (c) subject to the applicable
Department's capital planning and investment control requirements; and
(3) has been reviewed by the Government Accountability Office and
approved by the Committees on Appropriations of both Houses of
Congress: Provided further, That the agency shall submit a report by
the end of the fourth quarter of fiscal year 2023 to the Committees on
Appropriations of both Houses of Congress and the Government
Accountability Office, that identifies for each project/investment that
is operational (a) current performance against key indicators of
customer satisfaction, (b) current performance of service level
agreements or other technical metrics, (c) current performance against
a pre-established cost baseline, (d) a detailed breakdown of current
and planned spending on operational enhancements or upgrades, and (e)
an assessment of whether the investment continues to meet business
needs as intended as well as alternatives to the investment: Provided
further, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account: Provided further, That of the amount appropriated under
this heading, $696,594,000 shall be made available to county
committees, to remain available until expended: Provided further, That,
notwithstanding the preceding proviso, any funds made available to
county committees in the current fiscal year that the Administrator of
the Farm Service Agency deems to exceed or not meet the amount needed
for the county committees may be transferred to or from the Farm
Service Agency for necessary expenses: Provided further, That none of
the funds available to the Farm Service Agency shall be used to close
Farm Service Agency county offices: Provided further, That none of the
funds available to the Farm Service Agency shall be used to permanently
relocate county based employees that would result in an office with two
or fewer employees without prior notification and approval of the
Committees on Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $7,000,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
geographically disadvantaged farmers and ranchers
For necessary expenses to carry out direct reimbursement payments
to geographically disadvantaged farmers and ranchers under section 1621
of the Food Conservation, and Energy Act of 2008 (7 U.S.C. 8792),
$3,000,000, to remain available until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
relending program (7 U.S.C. 1936c), and Indian highly fractionated land
loans (25 U.S.C. 5136) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm
ownership loans and $3,100,000,000 for farm ownership direct loans;
$2,118,491,000 for unsubsidized guaranteed operating loans and
$1,633,333,000 for direct operating loans; emergency loans, $4,062,000;
Indian tribe land acquisition loans, $20,000,000; guaranteed
conservation loans, $150,000,000; relending program, $61,426,000;
Indian highly fractionated land loans, $5,000,000; and for boll weevil
eradication program loans, $60,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $249,000 for emergency
loans, to remain available until expended; and $23,520,000 for direct
farm operating loans, $11,228,000 for unsubsidized guaranteed farm
operating loans, $10,983,000 for the relending program, and $894,000
for Indian highly fractionated land loans.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $326,461,000: Provided, That of
this amount, $305,803,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $75,443,000;
of which $4,500,000 shall be available to conduct research and
development and carry out contracting and partnerships as described
under subsections 522(c) and (d) of the Federal Crop Insurance Act, as
amended (7 U.S.C. 1522(c) and (d)), in addition to amounts otherwise
provided for such purposes: Provided, That $1,000,000 of the amount
appropriated under this heading in this Act shall be available for
compliance and integrity activities required under section 516(b)(2)(C)
of the Federal Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), and
shall be in addition to amounts otherwise provided for such purpose:
Provided further, That not to exceed $1,000 shall be available for
official reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$1,023,777,000, to remain available until September 30, 2024, of which
up to $22,973,000 shall be for the purposes, and in the amounts,
specified for this account in the table titled ``Community Project
Funding'' in the report accompanying this Act: Provided further, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements
at plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use such
land is obtained as provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005
and 1007-1009) and in accordance with the provisions of laws relating
to the activities of the Department, $95,000,000, to remain available
until expended: Provided, That for funds provided by this Act or any
other prior Act, the limitation regarding the size of the watershed or
subwatershed exceeding two hundred and fifty thousand acres in which
such activities can be undertaken shall only apply for activities
undertaken for the primary purpose of flood prevention (including
structural and land treatment measures): Provided further, That of the
amounts made available under this heading, $10,000,000 shall be
allocated to projects and activities that can commence promptly
following enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient irrigation
systems, fish and wildlife habitat, or watershed protection; or that
address authorized ongoing projects under the authorities of section 13
of the Flood Control Act of December 22, 1944 (Public Law 78-534) with
a primary purpose of watershed protection by preventing floodwater
damage and stabilizing stream channels, tributaries, and banks to
reduce erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $5,000,000 is provided.
healthy forests reserve program
For necessary expenses to carry out the Healthy Forests Reserve
Program under the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6571-6578), $10,000,000, to remain available until expended.
urban agriculture and innovative production
For necessary expenses to carry out the Urban Agriculture and
Innovative Production Program under section 222 of subtitle A of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6923),
as added by section 12302 of Public Law 115-334, $13,500,000.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $15,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $1,620,000: Provided, That funds made available by
this Act to an agency in the Rural Development mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $401,976,000: Provided,
That of the amount made available under this heading, up to $5,000,000,
to remain available until September 30, 2024, shall be for the Rural
Partners Network activities of the Department of Agriculture, and may
be transferred to other agencies of the Department for such purpose,
consistent with the missions and authorities of such agencies: Provided
further, That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising and
promotional activities that support Rural Development programs:
Provided further, That in addition to any other funds appropriated for
purposes authorized by section 502(i) of the Housing Act of 1949 (42
U.S.C. 1472(i)), any amounts collected under such section, as amended
by this Act, will immediately be credited to this account and will
remain available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $1,500,000,000 shall be for direct loans, $12,000,000 shall be
for a single family housing relending demonstration program for Native
American Tribes, and $30,000,000,000 shall be for unsubsidized
guaranteed loans; $28,000,000 for section 504 housing repair loans;
$150,000,000 for section 515 rental housing; $300,000,000 for section
538 guaranteed multi-family housing loans; $10,000,000 for credit sales
of single family housing acquired property; $5,000,000 for section 523
self-help housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $55,650,000 shall be for
direct loans; $3,948,000 shall be for a single family housing relending
demonstration program for Native American Tribes; section 504 housing
repair loans, $2,324,000; section 523 self-help housing land
development loans, $267,000; section 524 site development loans,
$208,000; and repair, rehabilitation, and new construction of section
515 rental housing, $28,665,000: Provided, That to support the loan
program level for section 538 guaranteed loans made available under
this heading the Secretary may charge or adjust any fees to cover the
projected cost of such loan guarantees pursuant to the provisions of
the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest
on such loans may not be subsidized: Provided further, That applicants
in communities that have a current rural area waiver under section 541
of the Housing Act of 1949 (42 U.S.C. 1490q) shall be treated as living
in a rural area for purposes of section 502 guaranteed loans provided
under this heading: Provided further, That of the amounts available
under this paragraph for section 502 direct loans, no less than
$5,000,000 shall be available for direct loans for individuals whose
homes will be built pursuant to a program funded with a mutual and
self-help housing grant authorized by section 523 of the Housing Act of
1949 until June 1, 2023: Provided further, That the Secretary shall
implement provisions to provide incentives to nonprofit organizations
and public housing authorities to facilitate the acquisition of Rural
Housing Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to keep such
properties in the RHS multifamily housing program for a period of time
as determined by the Secretary, with such incentives to include, but
not be limited to, the following: allow such nonprofit entities and
public housing authorities to earn a Return on Investment on their own
resources to include proceeds from low income housing tax credit
syndication, own contributions, grants, and developer loans at
favorable rates and terms, invested in a deal; and allow reimbursement
of organizational costs associated with owner's oversight of asset
referred to as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans and grants, including the
cost of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, $40,000,000, to remain available until expended,
for a demonstration program for the preservation and revitalization of
the sections 514, 515, and 516 multi-family rental housing properties
to restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for the
purpose of providing safe and affordable housing for low-income
residents and farm laborers including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or re-amortizing loan
debt; and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain reasonable
returns on investment) required by the Secretary: Provided, That the
Secretary shall, as part of the preservation and revitalization
agreement, obtain a restrictive use agreement consistent with the terms
of the restructuring: Provided further, That any balances, including
obligated balances, available for all demonstration programs for the
preservation and revitalization of sections 514, 515, and 516 multi-
family rental housing properties in the ``Multi-Family Housing
Revitalization Program Account'' shall be transferred to and merged
with this account, and shall also be available for the preservation and
revitalization of sections 514, 515, and 516 multi-family rental
housing properties, including the restructuring of existing USDA multi-
family housing loans: Provided further, That following the transfer of
balances described in the preceding proviso, any adjustments to
obligations for demonstration programs for the preservation and
revitalization of sections 514, 515, and 516 multi-family rental
housing properties that would otherwise be incurred in the ``Multi-
Family Housing Revitalization Program Account'' shall be made in this
account from amounts transferred to this account under the preceding
proviso.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949 (42
U.S.C. 1484, 1486), $18,126,000, to remain available until expended,
for direct farm labor housing loans and domestic farm labor housing
grants and contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged with this
account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the
Housing Act of 1949, $1,493,926,000, of which $40,000,000 shall be
available until September 30, 2024; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That
rental assistance agreements entered into or renewed during the current
fiscal year shall be funded for a one-year period: Provided further,
That of the amounts made available under this heading, not less than
$8,000,000 shall be available for newly constructed units financed
under section 514 and 516 of the Housing Act of 1949: Provided further,
That upon request by an owner of a project financed by an existing loan
under section 514 or 515 of the Act, the Secretary may renew the rental
assistance agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any debt
reduction, maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2023 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who
are not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act: Provided further, That except as
provided in the fifth proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2023 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
rural housing voucher account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, $38,000,000, to remain available until expended:
Provided, That the funds made available under this heading shall be
available for rural housing vouchers to any low-income household
(including those not receiving rental assistance) residing in a
property financed with a section 515 loan which has been prepaid or
otherwise paid off after September 30, 2005: Provided further, That the
amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such vouchers
shall be subject to the availability of annual appropriations: Provided
further, That the Secretary shall, to the maximum extent practicable,
administer such vouchers with current regulations and administrative
guidance applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development: Provided
further, That in addition to any other available funds, the Secretary
may expend not more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for
activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $33,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $48,000,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants, including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural community facilities
programs as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$194,865,000, to remain available until expended, of which up to
$126,865,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding'' in
the report accompanying this Act: Provided, That $8,000,000 of the
amount appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That any unobligated balances from prior year appropriations
under this heading for the cost of direct loans, loan guarantees and
grants, including amounts deobligated or cancelled, may be made
available to cover the subsidy costs for direct loans and or loan
guarantees under this heading in this fiscal year: Provided further,
That no amounts may be made available pursuant to the preceding proviso
from amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, or that were
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
Division A of Public Law 117-103 described in section 4 in the matter
preceding such division A: Provided further, That $10,000,000 of the
amount appropriated under this heading shall be available for community
facilities grants to tribal colleges, as authorized by section
306(a)(19) of such Act: Provided further, That sections 381E-H and 381N
of the Consolidated Farm and Rural Development Act are not applicable
to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $88,800,000, to remain available until
expended: Provided, That of the amount appropriated under this heading,
not to exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical assistance for
rural transportation in order to promote economic development and
$9,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40
U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40
U.S.C. 14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to funds
made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $3,313,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$331,000 shall be available through June 30, 2023, for Federally
Recognized Native American Tribes; and of which $663,000 shall be
available through June 30, 2023, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $27,600,000, of which $2,800,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $16,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946,
of which $3,000,000, to remain available until expended, shall be for
Agriculture Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
rural microentrepreneur assistance program
For the principal amount of direct loans authorized by section 379E
of the Consolidated Farm and Rural Development Act (U.S.C. 2008s),
$25,000,000.
For the cost of loans and grants, $6,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the cost of a program of loan guarantees and grants, under the
same terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $10,045,000:
Provided, That the cost of loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
healthy food financing initiative
For the cost of loans and grants that is consistent with section
243 of subtitle D of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206 of
the Agricultural Act of 2014, for necessary expenses of the Secretary
to support projects that provide access to healthy food in underserved
areas, to create and preserve quality jobs, and to revitalize low-
income communities, $5,000,000, to remain available until expended:
Provided, That such costs of loans, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(2) of the Consolidated Farm and Rural Development Act, as
follows: $1,450,000,000 for direct loans; and $50,000,000 for
guaranteed loans.
For the cost of loan guarantees and grants, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, for rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A, 306C, 306D,
306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and
381E(d)(2) of the Consolidated Farm and Rural Development Act,
$685,072,000, to remain available until expended, of which not to
exceed $1,000,000 shall be available for the rural utilities program
described in section 306(a)(2)(B) of such Act, and of which not to
exceed $5,000,000 shall be available for the rural utilities program
described in section 306E of such Act: Provided, That not to exceed
$15,000,000 of the amount appropriated under this heading shall be for
grants authorized by section 306A(i)(2) of the Consolidated Farm and
Rural Development Act in addition to funding authorized by section
306A(i)(1) of such Act: Provided further, That $70,000,000 of the
amount appropriated under this heading shall be for loans and grants
including water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant to
section 325 of Public Law 105-83: Provided further, That not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than 2 percent
of the funding provided for section 306D of the Consolidated Farm and
Rural Development Act may be used by a consortium formed pursuant to
section 325 of Public Law 105-83 for training and technical assistance
programs: Provided further, That not to exceed $37,500,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $8,500,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $20,762,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 of the amounts made available under this
heading shall be for solid waste management grants: Provided further,
That $10,000,000 of the amount appropriated under this heading shall be
transferred to, and merged with, the Rural Utilities Service, High
Energy Cost Grants Account to provide grants authorized under section
19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high-energy cost grants
authorized by section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Cost Grants Account: Provided further,
That not to exceed $6,810,000 of the amounts appropriated under this
heading shall be available as the Secretary deems appropriate for water
and waste direct one percent loans for distressed communities: Provided
further, That if the Secretary determines that any portion of the
amount made available for one percent loans is not needed for such
loans, the Secretary may use such amounts, for grants authorized by
section 306(a)(2) of the Consolidated Farm and Rural Development Act:
Provided further, That if any funds made available for the direct loan
subsidy costs remain unobligated after July 31, 2024, such unobligated
balances may be used for grant programs funded under this heading:
Provided further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the funds made
available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 4, 305, 306, and 317 of the Rural Electrification Act of
1936 (7 U.S.C. 904, 935, 936, and 940g) shall be made as follows: loans
made pursuant to section 306, guaranteed electric loans,
$2,167,000,000; loans made pursuant to sections 4, notwithstanding
4(c)(2), of that Act, and 317, notwithstanding 317(c), of that Act,
cost-of-money direct loans, $4,333,000,000; loans made pursuant to
section 313A of that Act, guaranteed underwriting loans, $800,000,000;
and for loans made pursuant to section 305(d)(2) of that Act, cost of
money telecommunications loans, $690,000,000.
For the cost of direct loans as authorized by section 305(d)(2) of
the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, cost of money rural
telecommunications loans, $3,726,000.
In addition, $11,500,000 to remain available until expended, to
carry out section 6407 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8107a): Provided, That the energy efficiency measures
supported by the funding in this paragraph shall contribute in a
demonstrable way to the reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $60,000,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by section 379G of the Consolidated
Farm and Rural Development Act: Provided further, That funding provided
under this heading for grants under section 379G of the Consolidated
Farm and Rural Development Act may only be provided to entities that
meet all of the eligibility criteria for a consortium as established by
this section.
For the cost of broadband loans, as authorized by sections 601 and
602 of the Rural Electrification Act, $2,000,000, to remain available
until expended: Provided, That the cost of direct loans shall be as
defined in section 502 of the Congressional Budget Act of 1974.
For the broadband loan and grant pilot program established by
section 779 of division A of the Consolidated Appropriations Act, 2018
(Public Law 115-141) under the Rural Electrification Act of 1936, as
amended (7 U.S.C. 901 et seq.), $465,513,000, to remain available until
expended, of which up to $15,513,000 shall be for the purposes, and in
the amounts, specified for this account in the table titled ``Community
Project Funding'' in the report accompanying this Act: Provided, That
the Secretary may award grants described in section 601(a) of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 950bb(a)) for the
purposes of carrying out such pilot program: Provided further, That the
cost of direct loans shall be defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That at least 90
percent of the households to be served by a project receiving a loan or
grant under the pilot program shall be in a rural area without
sufficient access to broadband: Provided further, That for purposes of
such pilot program, a rural area without sufficient access to broadband
shall be defined as twenty-five megabytes per second downstream and
three megabytes per second upstream: Provided further, That to the
extent possible, projects receiving funds provided under the pilot
program must build out service to at least one hundred megabytes per
second downstream, and twenty megabytes per second upstream: 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 service in a service area by any entity that has received a
broadband loan from the Rural Utilities Service unless such service is
not provided sufficient access to broadband at the minimum service
threshold: Provided further, That not more than four percent of the
funds made available in this paragraph can be used for administrative
costs to carry out the pilot program and up to three percent of funds
made available in this paragraph may be available for technical
assistance and pre-development planning activities to support the most
rural communities: Provided further, That the Rural Utilities Service
is directed to expedite program delivery methods that would implement
this paragraph: Provided further, That for purposes of this paragraph,
the Secretary shall adhere to the notice, reporting and service area
assessment requirements set forth in section 701 of the Rural
Electrification Act (7 U.S.C. 950cc).
In addition, $35,000,000, to remain available until expended, for
the Community Connect Grant Program authorized by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $1,376,000: Provided, That
funds made available by this Act to an agency in the Food, Nutrition
and Consumer Services mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $28,619,957,000 to remain available through September 30,
2024, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $20,162,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $21,005,000 shall be available to carry out studies and
evaluations and shall remain available until expended: Provided
further, That of the total amount available, $12,000,000 shall remain
available until expended to carry out section 18(g) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)): Provided
further, That notwithstanding section 18(g)(3)(C) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total
grant amount provided to a farm to school grant recipient in fiscal
year 2023 shall not exceed $500,000: Provided further, That of the
total amount available, $40,000,000 shall be available to provide
competitive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment, with a value of greater
than $1,000, needed to serve healthier meals, improve food safety, and
to help support the establishment, maintenance, or expansion of the
school breakfast program: Provided further, That of the total amount
available, $50,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of 2010
(Public Law 111-80): Provided further, That of the total amount
available, $10,000,000 shall be available until September 30, 2024 to
carry out section 23 of the Child Nutrition Act of 1966 (42 U.S.C.
1793), of which $2,000,000 shall be for grants under such section to
the Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the United States Virgin Islands, Guam, and American
Samoa: Provided further, That section 26(d) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the first
sentence by striking ``2010 through 2023'' and inserting ``2010 through
2024'': Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in
the first sentence by striking ``For fiscal year 2022'' and inserting
``For fiscal year 2023'': Provided further, That section 9(h)(4) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
amended in the first sentence by striking ``For fiscal year 2022'' and
inserting ``For fiscal year 2023''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2024: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000 shall be used
for infrastructure: Provided further, That the Secretary shall use
funds made available under this heading to increase the amount of a
cash-value voucher for women and children participants to an amount
recommended by the National Academies of Science, Engineering and
Medicine and adjusted for inflation: Provided further, That none of the
funds provided in this account shall be available for the purchase of
infant formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of such Act:
Provided further, That none of the funds provided shall be available
for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the requirement
at 7 CFR 246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $111,180,895,000, of which
$3,000,000,000, to remain available through September 30, 2025, shall
be placed in reserve for use only in such amounts and at such times as
may become necessary to carry out program operations: Provided, That
funds provided herein shall be expended in accordance with section 16
of the Food and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used to
provide nutrition education services to State agencies and Federally
Recognized Tribes participating in the Food Distribution Program on
Indian Reservations: Provided further, That of the funds made available
under this heading, $3,000,000, to remain available until September 30,
2024, shall be used to carry out section 4003(b) of Public Law 115-334
relating to demonstration projects for tribal organizations: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this heading shall remain available through September 30, 2024:
Provided further, That funds made available under this heading for
section 28(d)(1), section 4(b), and section 27(a) of the Food and
Nutrition Act of 2008 shall remain available through September 30,
2024: Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of section
213A of the Immigration and Nationality Act (8 U.S.C. 1183A): Provided
further, That funds made available under this heading may be used to
enter into contracts and employ staff to conduct studies, evaluations,
or to conduct activities related to program integrity provided that
such activities are authorized by the Food and Nutrition Act of 2008.
For making, after June 30 of the current fiscal year, benefit
payments to individuals, and payments to States or other non-Federal
entities, pursuant to the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.), for unanticipated costs incurred for the last three months of
the fiscal year, such sums as may be necessary.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $469,710,000, to
remain available through September 30, 2024: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2023 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2024: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$231,378,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $932,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $234,913,000, of which no more than 6 percent shall
remain available until September 30, 2024, for overseas operations to
include the payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to
the agricultural food production assistance programs (7 U.S.C. 1737)
and the foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service, shall remain available until
expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,800,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $265,000,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein:
Provided further, That of the amount made available under this heading,
not more than 10 percent, but not less than $26,500,000, shall remain
available until expended to purchase agricultural commodities as
described in subsection 3107(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,063,000, to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, which shall be transferred
to and merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities
described in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$25,000; and notwithstanding section 521 of Public Law 107-188;
$6,484,171,000: Provided, That of the amount provided under this
heading, $1,224,132,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this
account and remain available until expended; $248,342,000 shall be
derived from medical device user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended;
$550,449,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $40,841,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-
52, and shall be credited to this account and remain available until
expended; $32,238,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $29,459,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that
exceed the respective fiscal year 2023 limitations are appropriated and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2023, including
any such fees collected prior to fiscal year 2023 but credited for
fiscal year 2023, shall be subject to the fiscal year 2023 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2023 of user fees specified under this heading and authorized for
fiscal year 2024, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2024 for which the Secretary
accepts payment in fiscal year 2023 shall not be included in amounts
under this heading: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,244,007,000 shall be for the Center for
Food Safety and Applied Nutrition and related field activities in the
Office of Regulatory Affairs, of which no less than $15,000,000 shall
be used for inspections of foreign seafood manufacturers and field
examinations of imported seafood; (2) $2,225,209,000 shall be for the
Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs, of which no less than $10,000,000
shall be for pilots to increase unannounced foreign inspections and
shall remain available until expended, and $15,000,000 shall be for
coordinating programs and activities of the Food and Drug
Administration with those of the Drug Enforcement Administration and
U.S. Customs and Border Protection to combat the illicit importation of
opioids, including fentanyl, through international mail facilities and
land ports-of entry; (3) $477,782,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $295,999,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $682,221,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $77,893,000 shall be for the
National Center for Toxicological Research; (7) $677,165,000 shall be
for the Center for Tobacco Products and for related field activities in
the Office of Regulatory Affairs; (8) $216,603,000 shall be for Rent
and Related activities, of which $56,011,000 is for White Oak
Consolidation, other than the amounts paid to the General Services
Administration for rent; (9) $237,917,000 shall be for payments to the
General Services Administration for rent; and (10) $349,375,000 shall
be for other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Food Policy and Response, the Office of
Operations, the Office of the Chief Scientist, and central services for
these offices: Provided further, That not to exceed $25,000 of this
amount shall be for official reception and representation expenses, not
otherwise provided for, as determined by the Commissioner: Provided
further, That any transfer of funds pursuant to, and for the
administration of, section 770(n) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made
available under this heading for other activities and shall not exceed
$2,000,000: Provided further, That of the amounts that are made
available under this heading for ``other activities'', and that are not
derived from user fees, $1,500,000 shall be transferred to and merged
with the appropriation for ``Department of Health and Human Services--
Office of Inspector General'' for oversight of the programs and
operations of the Food and Drug Administration and shall be in addition
to funds otherwise made available for oversight of the Food and Drug
Administration: Provided further, That funds may be transferred from
one specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and inspection fees
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees
authorized by 21 U.S.C. 384d(c)(8), medical countermeasure priority
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and fees
relating to over-the-counter monograph drugs authorized by 21 U.S.C.
379j-72 shall be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise
provided, $16,000,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes under the heading ``Salaries and
Expenses'', $50,000,000, to remain available until expended: Provided,
That amounts appropriated in this paragraph are appropriated pursuant
to section 1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such Act, and
may be transferred by the Commissioner of Food and Drugs to the
appropriation for ``Department of Health and Human Services Food and
Drug Administration Salaries and Expenses'' solely for the purposes
provided in such Act: Provided further, That upon a determination by
the Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $365,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$20,000,000 shall remain available until September 30, 2024, and of
which not less than $4,567,000 shall be for expenses of the Office of
the Inspector General: Provided, That notwithstanding the limitations
in 31 U.S.C. 1553, amounts provided under this heading are available
for the liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this Act:
Provided further, That for the purpose of recording and liquidating any
lease obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a no-year account in the Treasury, which has been established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $88,500,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an
amount in its sole discretion, from the application of the limitation
provided in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in subclause
(II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available
to the Department of Agriculture in this Act to purchase new passenger
motor vehicles, in addition to specific appropriations for this
purpose, so long as the total number of vehicles purchased in fiscal
year 2023 does not exceed the number of vehicles owned or leased in
fiscal year 2018: Provided, That, prior to purchasing additional motor
vehicles, the Secretary must determine that such vehicles are necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety: Provided further, That
the Secretary may not increase the Department of Agriculture's fleet
above the 2018 level unless the Secretary notifies in writing, and
receives approval from, the Committees on Appropriations of both Houses
of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of property, plant and equipment and for the improvement,
delivery, and implementation of Department financial, and
administrative information technology services, and other support
systems necessary for the delivery of financial, administrative, and
information technology services, including cloud adoption and
migration, of primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until expended:
Provided, That none of the funds made available by this Act or any
other Act shall be transferred to the Working Capital Fund without the
prior approval of the agency administrator: Provided further, That none
of the funds transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written notification
to and the prior approval of the Committees on Appropriations of both
Houses of Congress: Provided further, That none of the funds
appropriated by this Act or made available to the Department's Working
Capital Fund shall be available for obligation or expenditure to make
any changes to the Department's National Finance Center without written
notification to and prior approval of the Committees on Appropriations
of both Houses of Congress as required by section 716 of this Act:
Provided further, That none of the funds appropriated by this Act or
made available to the Department's Working Capital Fund shall be
available for obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any systems,
missions, personnel, or functions of the offices of the Chief Financial
Officer and the Chief Information Officer, co-located with or from the
National Finance Center prior to written notification to and prior
approval of the Committee on Appropriations of both Houses of Congress
and in accordance with the requirements of section 716 of this Act:
Provided further, That the National Finance Center Information
Technology Services Division personnel and data center management
responsibilities, and control of any functions, missions, and systems
for current and future human resources management and integrated
personnel and payroll systems (PPS) and functions provided by the Chief
Financial Officer and the Chief Information Officer shall remain in the
National Finance Center and under the management responsibility and
administrative control of the National Finance Center: Provided
further, That the Secretary of Agriculture and the offices of the Chief
Financial Officer shall actively market to existing and new Departments
and other government agencies National Finance Center shared services
including, but not limited to, payroll, financial management, and human
capital shared services and allow the National Finance Center to
perform technology upgrades: Provided further, That of annual income
amounts in the Working Capital Fund of the Department of Agriculture
attributable to the amounts in excess of the true costs of the shared
services provided by the National Finance Center and budgeted for the
National Finance Center, the Secretary shall reserve not more than 4
percent for the replacement or acquisition of capital equipment,
including equipment for the improvement, delivery, and implementation
of financial, administrative, and information technology services, and
other systems of the National Finance Center or to pay any unforeseen,
extraordinary cost of the National Finance Center: Provided further,
That none of the amounts reserved shall be available for obligation
unless the Secretary submits written notification of the obligation to
the Committees on Appropriations of both Houses of Congress: Provided
further, That the limitations on the obligation of funds pending
notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary to
respond to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That notwithstanding section 11319 of title
40, United States Code, none of the funds available to the Department
of Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior to receipt
of written approval by the Chief Information Officer: Provided further,
That the Chief Information Officer may authorize an agency to obligate
funds without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon the
performance of an agency measured against the performance plan
requirements described in the explanatory statement accompanying Public
Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
Rural Utilities Service borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act of 1936,
or any not-for-profit utility that is eligible to receive an insured or
direct loan under such Act, shall be eligible for assistance under
section 313B(a) of such Act in the same manner as a borrower under such
Act.
Sec. 709. (a) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2024, for
information technology expenses.
(b) Except as otherwise specifically provided by law, not more than
$20,000,000 in unobligated balances from appropriations made available
for salaries and expenses in this Act for the Rural Development mission
area shall remain available through September 30, 2024, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79) or by a successor to
that Act, other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in that Act,
that is authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as
``section 14222''), none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to
as ``section 32'') in excess of $1,483,309,000 (exclusive of carryover
appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$485,000,000; State Option
Contracts--$5,000,000; Removal of Defective Commodities--$2,500,000;
Administration of section 32 Commodity Purchases--$37,178,000:
Provided, That, of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1, 2023, such
unobligated balances shall carryover into fiscal year 2024 and shall
remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available by this
or any other Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause (3) of
section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2024 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify in writing and receive approval from the Committees on
Appropriations of both Houses of Congress before implementing any
program or activity not carried out during the previous fiscal year
unless the program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures Trading
Commission receives from the Committee on Appropriations of both Houses
of Congress written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and
Human Services, non-Commodity Futures Trading Commission, or non-Farm
Credit Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, the Chairman of the Commodity Futures Trading
Commission, and the Chairman of the Farm Credit Administration shall
submit to the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for all the
funds made available under this Act including appropriated user fees,
as defined in the report accompanying this Act.
Sec. 722. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 723. For the purposes of determining eligibility or level of
program assistance for Rural Development programs the Secretary shall
not include incarcerated prison populations.
Sec. 724. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall be
available for obligation only for the acquisition of property, plant
and equipment, including equipment for the improvement, delivery, and
implementation of Departmental financial management, information
technology, and other support systems necessary for the delivery of
financial, administrative, and information technology services,
including cloud adoption and migration, of primary benefit to the
agencies of the Department of Agriculture.
Sec. 726. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of
the final rule entitled ``Enhancing Retailer Standards in the
Supplemental Nutrition Assistance Program (SNAP)'' published by the
Department of Agriculture in the Federal Register on December 15, 2016
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the
definition of the term ``variety'' as defined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in
each staple food category exceeds the number of such items in each
staple food category included in the final rule as published on
December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to Supplemental
Nutrition Assistance Program retailers that were in effect on the day
before the date of the enactment of the Agricultural Act of 2014
(Public Law 113-79).
Sec. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States
Department of Agriculture to propose, finalize or implement any
regulation that would promulgate new user fees pursuant to 31 U.S.C.
9701 after the date of the enactment of this Act.
Sec. 729. For fiscal year 2023, the Secretary shall establish a
process under which an establishment in the Chesapeake Bay area that is
subject to examination and inspection under section 6 of the Federal
Meat Inspection Act solely due to the establishment's processing of
domestic, wild caught, invasive blue catfish (Ictalurus furcatus), may
apply for a waiver of such examination and inspection requirements if
the establishment is subject to inspection under the Seafood Hazard
Analysis Critical Control Points Program of the Food and Drug
Administration and the establishment attests that it applies existing
Seafood Hazard Critical Control Points Program for all species
processed at the establishment.
Sec. 730. Notwithstanding any provision of law that regulates the
calculation and payment of overtime and holiday pay for FSIS
inspectors, the Secretary may charge establishments subject to the
inspection requirements of the Poultry Products Inspection Act, 21
U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C. 601 et
seq, and the Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for
the cost of inspection services provided outside of an establishment's
approved inspection shifts, and for inspection services provided on
Federal holidays: Provided, That any sums charged pursuant to this
paragraph shall be deemed as overtime pay or holiday pay under section
1001(d) of the American Rescue Plan Act of 2021 (Public Law 117-2, 135
Stat. 242): Provided further, That sums received by the Secretary under
this paragraph shall, in addition to other available funds, remain
available until expended to the Secretary without further appropriation
for the purpose of funding all costs associated with FSIS inspections.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 732. None of the funds made available by this Act may be used
to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner
inconsistent with section 343(a)(13) of the Consolidated Farm and Rural
Development Act.
Sec. 733. In this fiscal year and thereafter, and notwithstanding
any other provision of law, none of the funds made available by this
Act may be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the Animal
Welfare Act (7 U.S.C. 2133), or the renewal of such licenses, to class
B dealers who sell Random Source dogs and cats for use in research,
experiments, teaching, or testing.
Sec. 734. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall make
available to the public on an informal basis a copy of the request and
information available to the Secretary or the designee concerning the
request, and shall allow for informal public input on the request for
at least 15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and accompanying
information available by electronic means, including on the official
public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each Federally recognized Indian Tribe.
Sec. 735. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act for
direct loans and grants under the following headings: ``Rural Housing
Service--Rural Housing Insurance Fund Program Account''; ``Rural
Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Housing
Service--Rural Housing Assistance Grants''; ``Rural Housing Service--
Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural
Business-Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural Cooperative
Development Grants''; ``Rural Business-Cooperative Service--Rural
Microentrepreneur Assistance Program''; ``Rural Utilities Service--
Rural Water and Waste Disposal Program Account''; ``Rural Utilities
Service--Rural Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent feasible,
at least 10 percent of the funds shall be allocated for assistance in
persistent poverty counties under this section, including,
notwithstanding any other provision regarding population limits, any
county seat of such a persistent poverty county that has a population
that does not exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the term
``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses, and 2007-
2011 American Community Survey 5-year average, or any territory or
possession of the United States: Provided further, That with respect to
specific activities for which program levels have been made available
by this Act that are not supported by budget authority, the
requirements of this section shall be applied to such program level.
Sec. 737. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 738. None of the funds made available by this or any other
Act may be used to enforce the final rule promulgated by the Food and
Drug Administration entitled ``Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption,'' and published
on November 27, 2015, with respect to the regulation of entities that
grow, harvest, pack, or hold wine grapes, hops, pulse crops, or
almonds.
Sec. 739. There is hereby appropriated $5,000,000, to remain
available until September 30, 2024, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
Sec. 740. For school years 2022-2023 and 2023-2024, none of the
funds made available by this Act may be used to implement or enforce
the matter following the first comma in the second sentence of footnote
(c) of section 220.8(c) of title 7, Code of Federal Regulations, with
respect to the substitution of vegetables for fruits under the school
breakfast program established under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
Sec. 741. None of the funds made available by this Act or any
other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or
use of hemp, or seeds of such plant, that is grown or
cultivated in accordance with section 7606 of the Agricultural
Act of 2014 or Subtitle G of the Agricultural Marketing Act of
1946, within or outside the State in which the hemp is grown or
cultivated.
Sec. 742. There is hereby appropriated $3,000,000, to remain
available until expended, for grants under section 12502 of Public Law
115-334.
Sec. 743. There is hereby appropriated $1,000,000 to carry out
section 3307 of Public Law 115-334.
Sec. 744. The Secretary of Agriculture may waive the matching
funds requirement under section 412(g) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)).
Sec. 745. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary to
provide grants to qualified non-profit organizations and public housing
authorities to provide technical assistance, including financial and
legal services, to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas where the
Secretary determines a risk of loss of affordable housing, by non-
profit housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the RHS multi-
family housing program for a period of time as determined by the
Secretary.
Sec. 746. There is hereby appropriated $3,000,000, to carry out
section 4208 of Public Law 115-334, including for project locations in
additional regions and timely completion of required reporting to
Congress.
Sec. 747. There is hereby appropriated $5,000,000 to carry out
section 12301 of Public Law 115-334, Farming Opportunities Training and
Outreach.
Sec. 748. In response to an eligible community where the drinking
water supplies are inadequate due to a natural disaster, as determined
by the Secretary, including drought or severe weather, the Secretary
may provide potable water through the Emergency Community Water
Assistance Grant Program for an additional period of time not to exceed
120 days beyond the established period provided under the Program in
order to protect public health.
Sec. 749. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator, are in place to ensure that emergency
food aid is received by the intended beneficiaries in areas affected by
food shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 750. In this fiscal year and thereafter, and notwithstanding
any other provision of law, ARS facilities as described in the
``Memorandum of Understanding Between the U.S. Department of
Agriculture Animal and Plant Health Inspection Service (APHIS) and the
U.S. Department of Agriculture Agricultural Research Service (ARS)
Concerning Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1)
shall be inspected by APHIS for compliance with the Animal Welfare Act
and its regulations and standards.
Sec. 751. None of the funds made available by this Act may be used
to procure raw or processed poultry products imported into the United
States from the People's Republic of China for use in the school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service
Program for Children under section 13 of such Act (42 U.S.C. 1761), or
the school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 752. For school year 2023-2024, only a school food authority
that had a negative balance in the nonprofit school food service
account as of June 30, 2022, shall be required to establish a price for
paid lunches in accordance with section 12(p) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(p)).
Sec. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry out
a pilot program that assists rural hospitals to improve long-term
operations and financial health by providing technical assistance
through analysis of current hospital management practices.
Sec. 754. Any funds made available by this or any other Act that
the Secretary withholds pursuant to section 1668(g)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)),
as amended, shall be available for grants for biotechnology risk
assessment research: Provided, That the Secretary may transfer such
funds among appropriations of the Department of Agriculture for
purposes of making such grants.
Sec. 755. Hereafter, none of the funds made available by this Act
or any other Act, may be used to pay the salaries or expenses of
personnel to implement any activities related to:
(a) the permitting of non-recording of observed violations of the
Animal Welfare Act or its regulations on official inspection reports;
or
(b) the prioritizing of education or collaborative approaches to
violations or noncompliance ahead of enforcement under the Animal
Welfare Act.
Sec. 756. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of
Public Law 115-334.
Sec. 757. For necessary expenses associated with cotton classing
activities pursuant to 7 U.S.C. 55, to include equipment and facility
upgrades, and in addition to any other funds made available for this
purpose, there is appropriated $4,000,000, to remain available until
September 30, 2024: Provided, That amounts made available in this
section shall be treated as funds collected by fees authorized under
Mar. 4, 1923, ch. 288, Sec. 5, 42 Stat. 1518, as amended (7 U.S.C. 55).
Sec. 758. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move any
staff office or any agency from the mission area in which it was
located on August 1, 2018, to any other mission area or office within
the Department in the absence of the enactment of specific legislation
affirming such move.
Sec. 759. The Secretary, acting through the Chief of the Natural
Resources Conservation Service, may use funds appropriated under this
Act or any other Act for the Watershed and Flood Prevention Operations
Program and the Watershed Rehabilitation Program carried out pursuant
to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et
seq.), and for the Emergency Watershed Protection Program carried out
pursuant to section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203) to provide technical services for such programs pursuant
to section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C.
3851(a)(1)), notwithstanding subsection (c) of such section.
Sec. 760. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations Act, 2018
(Public Law 115-141), the Secretary of Agriculture may, for purposes of
determining entities eligible to receive assistance, consider those
communities which are ``Areas Rural in Character'': Provided, That not
more than 10 percent of the funds made available under the heading
``Distance Learning, Telemedicine, and Broadband Program'' for the
purposes of the pilot program established by section 779 of Public Law
115-141 may be used for this purpose.
Sec. 761. There is hereby appropriated $29,700,000 for the
Goodfellow Federal facility, to remain available until expended, which
shall be transferred to and merged with the appropriation for ``Food
Safety and Inspection Service''.
Sec. 762. Hereafter, none of the funds made available by this Act
or any other Act may be used to pay the salaries or expenses of
personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 763. There is appropriated to the Department of Agriculture,
for an additional amount for ``Agricultural Programs--Processing,
Research, and Marketing--Office of the Secretary'', $5,000,000, which
shall remain available until expended, for necessary expenses, under
such terms and conditions determined by the Secretary, related to
testing soil, water, or agricultural products for per- and
polyfluoroalkyl substances (PFAS) at the request of an agricultural
producer, assisting agricultural producers affected by PFAS
contamination with costs related to mitigate the impacts to their
operation that have resulted from such contamination and indemnifying
agricultural producers for the value of unmarketable crops, livestock,
and other agricultural products related to PFAS contamination:
Provided, That the Secretary shall prioritize such assistance to
agricultural producers in states and territories that have established
a tolerance threshold for PFAS in a food or agricultural product:
Provided further, That, not later than 90 days after the end of fiscal
year 2023, the Secretary shall submit a report to the Congress
specifying the type, amount, and method of such assistance by state and
territory and the status of the amounts obligated and plans for further
expenditure, and include improvements that can be made to U.S.
Department of Agriculture programs, either administratively or
legislatively, to increase support for agricultural producers impacted
by PFAS contamination and to enhance scientific knowledge on PFAS
uptake in crops and livestock and PFAS mitigation and remediation
methods and disseminate such knowledge to agricultural producers.
Sec. 764. Any future compliance date for any provision of the Food
and Drug Administration's final rule entitled ``Milk and Cream Products
and Yogurt Products; Final Rule To Revoke the Standards for Lowfat
Yogurt and Nonfat Yogurt and To Amend the Standard for Yogurt'' (86
Fed. Reg. 31117, June 11, 2021) for which the agency is exercising
enforcement discretion or that is stayed as a result of objections
timely filed under 21 U.S.C. 371(e)(2), shall be established no earlier
than January 1 of the year that is three years after either:
(a) Final action upon such objection(s) is taken by the Secretary
of Health and Human Services; or
(b) The party withdraws such objection(s).
Sec. 765. In addition to the amount of reimbursement for
administrative and operating expenses available for crop insurance
contracts described in subsection (a)(2)(F) of section III of the 2023
Standard Reinsurance Agreement (SRA) that cover agricultural
commodities described in section 101 of title I of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note), there is hereby
appropriated $50,000,000, to remain available until expended, to pay,
with respect to such contracts for the 2021 reinsurance year, an amount
that is equal to the difference between the amount to be paid pursuant
to the SRA for the applicable reinsurance year and the amount that
would be paid if such contracts were not subject to a reduction
described in subsection (a)(2)(G) of section III of the SRA but subject
to a reimbursement rate equal to 17.5 percent of the net book premium.
Sec. 766. There is appropriated to the Department of Agriculture,
for an additional amount for ``Agricultural Programs--Processing,
Research, and Marketing--Office of the Secretary'', $10,000,000, which
shall remain available until expended, for necessary expenses to
address assistance for disasters occurring in calendar year 2022.
Sec. 767. In addition to amounts otherwise available, there is
appropriated to the Secretary of Agriculture $50,000,000, to remain
available until September 30, 2023, to provide relief payments for
frontline grocery workers through the Farmworker and Food Worker Relief
Grant Program of the Agricultural Marketing Service.
Sec. 768. None of the funds made available by this Act may be used
to review or approve an application under section 505(i) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of
the Public Health Service Act (42 U.S.C. 262(a)(3)) that is submitted
by a sponsor located in Russia, unless such application is for a drug
that is intended to treat a serious or life-threatening condition and
for which there is an unmet medical treatment need.
Sec. 769. The Secretary of Agriculture shall take such actions as
may be necessary to prohibit the purchase of agricultural land located
in the United States by companies owned, in full or in part, by the
People's Republic of China, Russia, North Korea, or Iran.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2023''.
Union Calendar No. 300
117th CONGRESS
2d Session
H. R. 8239
[Report No. 117-392]
_______________________________________________________________________
A BILL
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2023, and for other purposes.
_______________________________________________________________________
June 27, 2022
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed