H.R. 8646 · 119th Congress · House

Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2027

Active· Placed on the Union Calendar, Calendar No. 548.
Introduced
May 1, 26
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending
119TH CONGRESS2D SESSION

H. R. 8646


A BILL

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2027, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 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 2027 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 allocated 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.

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, 2028, 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. (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. (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.

  1. (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.

  2. (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 $1,717,000,000 (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—$41,862,000: Provided, That, of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2027, such unobligated balances shall carryover into fiscal year 2028 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 2027 appropriations Act.

SEC. 716.

  1. (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. (1)

      creates new programs;

    2. (2)

      eliminates a program, project, or activity;

    3. (3)

      increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;

    4. (4)

      relocates an office or employees;

    5. (5)

      reorganizes offices, programs, or activities; or

    6. (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.

  2. (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. (1)

      augments existing programs, projects, or activities;

    2. (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. (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.

  3. (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.

  4. (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. (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. (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. (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.

  5. (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 the House of Representatives and the Senate a detailed obligation plan delineated by program, project, and activity, as defined in the report accompanying this Act, for all amounts made available by this Act and prior appropriations Acts that remain available for obligation, including appropriated user fees and loan authorizations: Provided, That such obligation plan shall include breakdowns of estimated obligations for each such program, project, or activity by fiscal quarter, source appropriation, and the number of full-time equivalent positions supported: Provided further, That such obligation plan shall serve as the baseline for reprogramming notifications for the purposes of section 716 of this Act.

SEC. 722.

The Secretary of Agriculture shall provide written notification to the House and Senate Committees on Appropriations no fewer than 3 business days in advance of termination of any grant, cooperative agreement, or contract award totaling $1,000,000 or more issued from funds made available in this Act or any previous Act: Provided, That such notification shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a detailed justification for the termination.

SEC. 723.

For the purposes of determining eligibility or level of program assistance for Rural Housing Service programs the Secretary shall not include incarcerated prison populations.

SEC. 724.

For loans and loan guarantees that do not require budget authority and for which 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 for loans and loan guarantees authorized by Sections 4 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 936) that do not require budget authority and for which the program level has been authorized under this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 50 percent: Provided further, 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.

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. 730.

  1. (a)

    The Secretary of Agriculture shall—

    1. (1)

      conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable—

      1. (A)

        veterinary control and oversight;

      2. (B)

        disease history and vaccination practices;

      3. (C)

        livestock demographics and traceability;

      4. (D)

        epidemiological separation from potential sources of infection;

      5. (E)

        surveillance practices;

      6. (F)

        diagnostic laboratory capabilities; and

      7. (G)

        emergency preparedness and response; and

    2. (2)

      promptly make publicly available the final reports of any audits or reviews conducted pursuant to paragraph (1).

  2. (b)

    This section shall be applied in a manner consistent with United States obligations under its international trade agreements.

SEC. 731.

  1. (a)
    1. (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. (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.

  2. (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. (1)

      applying subsection (a) would be inconsistent with the public interest;

    2. (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. (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.

  3. (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.

  4. (d)

    This section shall be applied in a manner consistent with United States obligations under international agreements.

  5. (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.

  6. (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.

  7. (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. 732.

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. 733.

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. 734.

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. 735.

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, and the proposed rule issued by the Food and Drug Administration pending at the Office of Management and Budget entitled Standards for the Growing, Harvesting, Packing, and Holding Produce for Human Consumption Related to Agricultural Water (86 Fed. Reg. 69120 and 87 Fed. Reg. 42973), with respect to the regulation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds.

SEC. 736.

For school years 2026–2027 and 2027–2028, none of the funds made available by this Act may be used to restrict or limit the substitution of any vegetable subgroup for fruits under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

SEC. 737.

None of the funds made available by this Act or any other Act may be used—

  1. (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. (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. 738.

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. 739.

The Secretary of Agriculture shall be included as a member of the Committee on Foreign Investment in the United States (CFIUS) on a case by case basis pursuant to the authorities in section 721(k)(2)(J) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)(J)) with respect to each covered transaction (as defined in section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4))) involving agricultural land, agriculture biotechnology, or the agriculture industry (including agricultural transportation, agricultural storage, and agricultural processing), as determined by the CFIUS Chairperson in coordination with the Secretary of Agriculture. The Secretary of Agriculture shall, to the maximum extent practicable, notify CFIUS of any agricultural land transaction that the Secretary of Agriculture has reason to believe, based on information from or in cooperation with the Intelligence Community, is a covered transaction (A) that may pose a risk to the national security of the United States, with particular emphasis on covered transactions of an interest in agricultural land by foreign governments or entities of concern, as defined in 42 U.S.C. 19221(a), including the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, and the Islamic Republic of Iran; and (B) with respect to which a person is required to submit a report to the Secretary of Agriculture under section 2(a) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501(a)).

SEC. 740.

Any remaining unobligated balances from amounts made available by section 743 of division A of the Consolidated Appropriations Act, 2017 (Public Law 115–31) may be used, in addition to any funds otherwise made available for such purposes, 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.

SEC. 741.

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 Secretary, 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. 742.

None of the funds made available by this Act may be used to procure raw or processed poultry products or seafood 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. 743.

For school year 2027–2028, only a school food authority that had a negative balance in the nonprofit school food service account as of June 30, 2026, 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. 744.

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. 745.

For fiscal year 2027, the maximum monthly allowances of fluid milk for the following food packages described in section 246.10(e) of title 7, Code of Federal Regulations, are:

  1. (1)

    For Food Package IV, 16 quarts.

  2. (2)

    For Food Package V, 22 quarts.

  3. (3)

    For Food Package VI, 16 quarts.

  4. (4)

    For Food Package VII, 24 quarts.

  5. (5)

    For Food Package III, the maximum monthly allowances of fluid milk should conform to the changes made to food packages IV, V, VI, and VII in this section.

SEC. 746.

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. 747.

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. 748.

Section 7502 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2019) is amended by striking or otherwise be conveyed or transferred in whole or in part, for the period beginning on the date of the enactment of this Act and ending on September 30, 2026 and inserting beginning on the date of the enactment of this Act.

SEC. 749.

A bank referenced in 12 U.S.C. 2128 may make and participate in loans and commitments and provide technical and other financial assistance to cooperatives and any other public or private entity (except for the Federal Government) for the purpose of installing, maintaining, expanding, improving, or operating facilities in a rural area as defined in 12 U.S.C. 2128(f) for the processing or disposal of waste from any source, provision of telecommunication services, and producing electricity from any source for use or sale by the borrower.

SEC. 750.

Of the unobligated balances made available by section 22006 of Public Law 117– 169, $95,000,000 are hereby permanently cancelled: Provided, That no amounts shall be cancelled 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.

SEC. 751.

There is hereby appropriated $2,000,000, to remain available until expended, to carry out section 758 of division B of Public Law 118–42, in addition to amounts otherwise available for such purpose.

SEC. 752.

None of the funds appropriated or otherwise made available by this Act may be used by the Food and Drug Administration (FDA) to issue or promote any new guidelines or regulations applicable to food manufacturers of low risk ready-to-eat (RTE) foods for Listeria monocytogenes (Lm) until the FDA considers the available new science in developing the Compliance Policy Guide (CPG), Guidance for FDA Staff, section 555.320 Listeria monocytogenes regarding Lm in low-risk foods, meaning foods that do not support the growth of Lm.

SEC. 753.

  1. (a)

    Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall—

    1. (1)

      amend the covered Food Packages to require the inclusion of peanut-containing foods for the purposes of early introduction of potentially allergenic foods; and

    2. (2)

      ensure that all such peanut-containing foods eligible are safe for consumption by infants.

  2. (b)

    The Secretary of Agriculture shall carry out subsection (a) in a manner consistent with the recommendations for early introduction of peanut-containing foods included in the Dietary Guidelines for Americans, 2025-2030, published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).

  3. (c)

    In this section, the term “covered Food Packages” means Food Packages I and II under section 246.10 of title 7, Code of Federal Regulations, as amended by the rule entitled “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions to the WIC Food Packages” published by the Department of Agriculture in the Federal Register on April 18, 2024 (89 Fed. Reg. 28488).

SEC. 754.

Section 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)) is amended —

  1. (1)

    in subparagraph (A), in the matter preceding clause (i), by striking Act— and inserting Act and breakfasts served by schools participating in the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)—;

  2. (2)

    in subparagraph (C), by inserting or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) after Act; and

  3. (3)

    in subparagraph (D), by striking section 210.10 and inserting sections 210.10 and 220.8.

SEC. 755.

If services performed by APHIS employees are determined by the Administrator of the Animal and Plant Health Inspection Service to be in response to an animal disease or plant health emergency outbreak, any premium pay that is funded, either directly or through reimbursement, shall be exempted from the aggregate of basic pay and premium pay calculated under section 5547(b)(1) and (2) of title 5, United States Code, and any other provision of law limiting the aggregate amount of premium pay payable on a biweekly or calendar year basis.

SEC. 756.

None of the funds made available by this Act may be used to pay the salaries or expenses of personnel—

  1. (1)

    to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603);

  2. (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. (3)

    to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation).

SEC. 757.

None of the funds made available by this Act may be used by the Secretary of Agriculture, the Commissioner of Food and Drugs, the Chairman of the Commodity Futures Trading Commission, or the Chairman of the Farm Credit Administration to fly or display a flag over a facility of the Department of Agriculture, the Food and Drug Administration, the Commodity Futures Trading Commission, or the Farm Credit Administration other than the flag of the United States; the flag of a State, territory, the District of Columbia; the flag of an Indian Tribal Government; the official flag of a U.S. Department or agency; or the Prisoners of War/Missing in Action flag.

SEC. 758.

None of the funds made available by this or any other Act thereafter may be used to write, prepare, or publish a proposed rule, final rule, or an interim final rule in furtherance of, or otherwise to implement or enforce the final rule entitled Transparency in Poultry Grower Contracting and Tournaments, published by the Department of Agriculture in the Federal Register on November 28, 2023 (88 Fed. Reg. 83210 et seq.), the final rule entitled Inclusive Competition and Market Integrity Under the Packers and Stockyards Act, published by the Department of Agriculture in the Federal Register on March 6, 2024 (89 Fed. Reg. 16092 et seq.), the final rule entitled Poultry Grower Payment Systems and Capital Improvement Systems, published by the Department of Agriculture in the Federal Register on January 16, 2025 (90 Fed. Reg. 5146 et seq.), the proposed rule entitled Fair and Competitive Livestock and Poultry Markets, published by the Department of Agriculture in the Federal Register on June 28, 2024 (89 Fed. Reg. 53886 et seq.), or any subsequent substantially similar rulemaking effort, except that funds may be used to, and the Secretary of Agriculture shall, withdraw or rescind any such proposed rules, advanced notices of proposed rulemaking, and any such rules that may have been finalized, and discontinue and provide notice of closure to affected parties of any investigations or enforcement activities pending under said rules.

SEC. 759.

None of the funds made available by this Act may be used by the Department of Agriculture to implement or enforce the reduced maximum allowable loan limit of 60 percent established in Field Office Handbook-1-3550 for loans issued made on or after February 10, 2026 (PN655); Provided, That the maximum allowable loan limit of 80 percent established in prior Field Office Handbooks shall remain in effect unless the Department of Agriculture issues a proposed rule, with notice and comment, that establishes a reduced maximum allowable loan limit, and is subsequently finalized.

SEC. 760.

Notwithstanding any other provision of law, the acceptable market name of any engineered animal approved prior to the effective date of the National Bioengineered Food Disclosure Standard (February 19, 2019) shall include the words genetically engineered prior to the existing acceptable market name.

SEC. 761.

Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended by adding at the end the following:

  1. (20)
    Frost or Cold Weather Insurance
    1. (A)
      In General

      The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding an index-based policy to insure crops (including table grapes, wine grapes, juice grapes, tomatoes, peppers, sugarcane, strawberries, melons, citrus, peaches, blueberries, and any other crop) on a nationally-available basis against losses due to a frost or cold weather event.

    2. (B)
      Research and Development

      Research and development under subparagraph (A) shall—

      1. (i)

        evaluate the effectiveness of risk management tools, such as the use of an index, with respect to low frequency and catastrophic loss weather events; and

      2. (ii)

        result in a policy that provides protection for at least 1 of the following:

        1. (I)

          Production loss.

        2. (II)

          Revenue loss.

    3. (C)
      Report

      Not later than 1 year after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes—

      1. (i)

        the results of the research and development carried out under this paragraph; and

      2. (ii)

        any recommendations with respect to those results.

.

SEC. 762.

No funds shall be made available for enforcement of section 118.4(e) of title 21, Code of Federal Regulations, or any successor regulation with respect to surplus broiler hatching eggs that are intended to be sold to an egg breaker for purposes of processing such eggs as liquid egg products subject to regulation under the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).

SEC. 763.

The agencies and offices of the Department of Agriculture may reimburse the Office of the General Counsel (OGC), out of the funds provided in this Act, for costs incurred by OGC in providing services to such agencies or offices under time-limited agreements entered into with such agencies and offices: Provided, That such transfer authority is in addition to any other transfer authority provided by law.

SEC. 764.

  1. (a)
    In general

    Notwithstanding section 7 of title 1, United States Code, section 1738C of title 28, United States Code, or any other provision of law, none of the funds provided by this Act, or previous appropriations Acts, shall be used in whole or in part to take any discriminatory action against a person, wholly or partially, on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction, that marriage is, or should be recognized as, a union of one man and one woman.

  2. (b)
    Discriminatory action defined

    As used in subsection (a), a discriminatory action means any action taken by the Federal Government to—

    1. (1)

      alter in any way the Federal tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke an exemption from taxation under section 501(a) of the Internal Revenue Code of 1986 of, any person referred to in subsection (a);

    2. (2)

      disallow a deduction for Federal tax purposes of any charitable contribution made to or by such person;

    3. (3)

      withhold, reduce the amount or funding for, exclude, terminate, or otherwise make unavailable or deny, any Federal grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, license, certification, accreditation, employment, or other similar position or status from or to such person;

    4. (4)

      withhold, reduce, exclude, terminate, or otherwise make unavailable or deny, any entitlement or benefit under a Federal benefit program, including admission to, equal treatment in, or eligibility for a degree from an educational program, from or to such person; or

    5. (5)

      withhold, reduce, exclude, terminate, or otherwise make unavailable or deny access or an entitlement to Federal property, facilities, educational institutions, speech fora (including traditional, limited, and nonpublic fora), or charitable fundraising campaigns from or to such person.

  3. (c)
    Accreditation; Licensure; Certification

    The 10 Federal Government shall consider accredited, licensed, or 11 certified for purposes of Federal law any person that 12 would be accredited, licensed, or certified, respectively, for 13 such purposes but for a determination against such person 14 wholly or partially on the basis that the person speaks, 15 or acts, in accordance with a sincerely held religious belief 16 or moral conviction described in subsection (a).

SEC. 765.

Of the unobligated balances from prior year appropriations made available under the heading Distance Learning, Telemedicine, and Broadband Program for the cost to continue a 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.), $40,000,000 are hereby rescinded: Provided, That no amounts may be rescinded 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.

SEC. 766.

  1. (a)

    Of the amounts made available in this Act under the heading Department of Health and Human Services—Food and Drug Administration—Salaries and Expenses that are derived from tobacco product user fees authorized by 21 U.S.C. 387s, not less than $200,000,000 shall be used by the Commissioner of Food and Drugs for enforcement activities related to e-cigarettes, vapes, and other electronic nicotine delivery systems (in this section referred to as ENDS), not limited to activities under section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)): Provided, That not less than $20,000,000 of such amount shall be used to fund the activities of the Federal multi-agency ENDS Enforcement Task Force led by the Department of Justice, Department of Homeland Security, and the FDA, including partner agency activities, to further work to bring all available criminal and civil tools to bear against the illegal manufacture, importation, distribution, and sale of e-cigarettes, vapes, and other ENDS products from the Republic of China, other foreign countries, and domestic manufacturers conducting the “final assembly” of illegal products: Provided further, That the Commissioner is directed to enter into a Memorandum of Understanding with the Department of Justice and the Department of Homeland Security and other partner agencies to ensure that such task force is adequately resourced for (1) increased criminal and civil litigation and law enforcement activities by FDA, the Department of Justice, and the Department of Homeland Security, and (2) additional targeted inspections by FDA and Customs and Border Patrol at high-risk ports of entry into the United States.

  2. (b)

    Not later than November 12, 2026, the Commissioner of Food and Drugs shall update the FDA document titled Enforcement Priorities for Electronic Nicotine Delivery Systems (ENDS) and Other Deemed Products on the Market Without Premarket Authorization, published in January 2020 and updated in April 2020, to expand FDA’s prioritized enforcement to flavored disposable ENDS products in addition to cartridge-based products and to define the term disposable ENDS product.

  3. (c)

    The Commissioner of Food and Drugs shall submit a detailed report on funding and activities planned for enforcement activities within 60 days of enactment of this Act, and shall continue to submit a semi-annual written report to the Committees on Appropriations of both Houses of Congress on the progress that the Center for Tobacco Products is making in preventing all mis-declared ENDS products from entering the U.S. (including those that are properly declared and those that are improperly mis-declared at ports of entry) and in removing all illegal ENDS products from the market inside the U.S., including information specific to refusals, seizures, and disposition of illicit products; state support for enforcement efforts, including standardized reporting and communication channels; and educating retailers on which products may be legally marketed in the U.S.

SEC. 767.

  1. (a)

    Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636i) is amended by striking 2026 and inserting 2027.

  2. (b)

    Section 942 of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106–78) is amended by striking 2026 and inserting 2027.

SEC. 768.

None of the funds appropriated or otherwise made available by this Act may be used by the Food and Drug Administration to develop, issue, promote, or advance any new guidelines or regulations applicable to food manufacturers for population-wide sodium reduction actions until the publication of the 2025-26 National Health and Nutrition Examination Survey (NHANES), What We Eat in America Survey, which will begin to reflect the impact on population intake of Phase I reduction.

SEC. 769.

None of the funds made available for any department or agency in this or any other appropriations Acts, including prior year Acts, shall be used to close Natural Resources Conservation Service or Rural Development mission area field offices or to permanently relocate any field-based employees of those agencies 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.

SEC. 770.

No funds appropriated by this Act may be used to administer or enforce the final rule on “Requirements for Additional Traceability Records for Certain Foods” published on November 21, 2022 (87 Fed. Reg. 70910), or any other rule promulgated in accordance with section 204 of the FDA Food Safety Modernization Act (21 U.S.C. 2223), prior to July 20, 2028. Further, the U.S. Food and Drug Administration shall—

  1. (1)

    continue identifying flexibilities for satisfying the rule’s lot-level tracking requirement that leverage existing traceability systems, including allowing covered entities to maintain and transmit traceability records that reflect a reasonable range of all possible traceability lot codes included in a shipment, when maintaining records for each individual traceability lot is not practicable such that complying would constitute a case-level tracking requirement, which is prohibited under section 204(d)(1)(L)(iii) of the Food Safety Modernization Act;

  2. (2)

    clarify the circumstances under which activities conducted in warehouse and distribution environments constitute a transformation event under the rule;

  3. (3)

    ensure each quarterly engagement with industry between enactment and July 20, 2028 be open to all covered entities outside of member-only organizations and include a hypothetical data intake exercise, the results of which should be made publicly available within 75 days; and

  4. (4)

    establish a panel of experts to assess the agency’s foodborne illness traceback investigation process, for both foreign and domestic food suppliers, and to provide feedback for the data intake exercise. This panel shall include diverse stakeholders, such as growers, distributors, retailers, state and local officials, and public health officials. The FDA shall publish the panel outcomes and recommendations no later than one year from the date of enactment of this Act.

SEC. 771.

In addition to amounts otherwise made available, there is hereby appropriated $1,000,000, to remain available until expended, for the Meat and Poultry Processing Expansion Program established pursuant to section 1001(b)(4) of the American Rescue Plan Act of 2021 (Public Law 117–2) to award grants to processors of invasive, wild-caught catfish.

SEC. 772.

  1. (a)

    Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following:

    425.Animal Food(a)DEFINITIONSIn this section:(1)The term ‘animal food’ means food for animals other than man and includes pet food, animal feed, and raw materials and ingredients. (reference 21 CFR 507.3).(2)The term ‘animal food ingredient submission’ means an ingredient for submission to the Food and Drug Administration that is a petition under section 409 for any food additive, a petition under section 721 for a color additive, or a GRAS ingredient notification under subpart E of part 570 of subchapter E of chapter I of title 21, Code of Federal Regulations (or successor regulations).(3)The term ‘commercial feed’ means animal food manufactured and distributed for consumption by animals, other than companion animals.(4)The term ‘companion animal’ means a domesticated canine or feline.(5)The terms ‘generally recognized as safe’ and ‘GRAS’ mean generally recognized as safe under section 201(s).(6)The term ‘pet food’ means any animal food manufactured and distributed for consumption by companion animals, including treats, nutritional supplements, and pet food ingredients.(7)The term ‘specialty pet’ means any animal normally maintained in a household, such as, but not limited to, rodents, ornamental birds, ornamental fish, reptiles, and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.(8)The term ‘specialty pet food’ means any commercial feed prepared and distributed for consumption by specialty pets.(b)PREEMPTION(1)In GeneralNo State or a political subdivision of a State may directly or indirectly establish, maintain, implement, or enforce any law, regulation, or other requirement relating to the labels, labeling, or advertising of animal food that differs from or extends beyond those established by the Food and Drug Administration.(2)Rule of ConstructionNothing in (b) (1) shall be construed to restrict, prevent, or otherwise prohibit State post-market food safety oversight activities, including but not limited to any such activities relating to implementation of the FDA Food Safety Modernization Act (Public Law 111–353), outbreak investigations, surveillance sampling, the ability of states to regulate the names and definitions of commercial feed ingredients (excluding ingredients for use in pet food) not defined by the Food and Drug Administration, or investigations of consumer complaints.(c)SAFE FOOD ADDITIVES AND GRAS INGREDIENTS(1)Ingredients Deemed Safe Food AdditivesIngredients that are intended for use in animal food and are not specifically authorized for such use by the Food and Drug Administration as a food additive, a color additive, or otherwise as of the date of enactment of the PURR Act of 2026, are deemed to be safe food additives and acceptable for use in animal food if—(A)such ingredients are included in the Official Common or Usual Names and Definitions of Feed Ingredients section of chapter 6 of the 2024 edition of the ‘AAFCO Official Publication’ as accepted for use in specified species, or where species is not identified; and(B)there is no finding by the Food and Drug Administration that such ingredients are not safe food additives.(2)GRAS Ingredients; Voluntary NotificationAn animal food manufacturer is not required to notify the Food and Drug Administration of GRAS ingredients used in animal food, but may voluntarily notify the Food and Drug Administration of such GRAS ingredients that have not previously been recognized by the Food and Drug Administration as GRAS for use in animal food.(d)TIMELY REVIEWNot later than 180 days after receipt of an animal food ingredient submission, the Secretary shall review such submission and issue an action letter that—(1)approves such submission or, in the case of a GRAS ingredient notification, does not object to use; or(2)sets forth—(A)the specific deficiencies in such sub- mission; and(B)where appropriate, the actions necessary—(i)for such submission to be approved; or(ii)in the case of a GRAS ingredient notification, to resolve any concerns of the Secretary.(e)PET FOOD AND SPECIALTY PET INGREDIENTS SOMETIMES PRESENT(1)In GeneralPet food and specialty pet food shall not be treated as misbranded by reason of stating in the ingredient list on the product label that an ingredient of a type described in paragraph (2) is sometimes, but not always, present in the pet food or specialty pet food.(2)Types of IngredientsParagraph (1) applies with respect to the following types of ingredients:(A)Fat or oil ingredients.(B)Flavor ingredients.(C)Grain ingredients (including grain protein ingredients).(3)Language to be UsedFor an ingredient in pet food or specialty pet food to be labeled as sometimes present for purposes of paragraph (1), such ingredient shall be identified by—(A)words such as ‘or’, ‘and/or’, or ‘contains one or more of the following:’; or(B)other words indicating that the ingredient may not be present.(f)ORDER OF INGREDIENT LISTING(1)In GeneralPet food and specialty pet food shall be treated as misbranded unless the ingredients required to be declared on the label are listed by common or usual name in descending order of predominance by weight.(2)ExceptionIf an ingredient in pet food or specialty pet food is present in amounts of 2 percent or less by weight, then instead of identifying the ingredient in the order required by paragraph (1), the ingredient may be placed at the end of the ingredient list following an appropriate quantifying statement, such as ‘Contains _ percent or less of _’or ‘Less than _ percent of _’, with the blank percentage filled in with a threshold level of 2 percent, or, if desired, 1.5 percent, 1.0 percent, or 0.5 percent, as applicable.(g)MARKETING CLAIMSAnimal food shall not be treated as misbranded by reason of the following claims on labels and labeling and in advertising for animal food, without premarket approval of such claims by the Food and Drug Administration, if truthful, nonmisleading, and adequately substantiated with scientifically validated protocols endorsed by FDA guidance where available:(1)Pet food claims regarding hairball control.(2)Pet food claims regarding tartar control, plaque removal, and bad breath odor.(3)Claims regarding the ability of pet food to support general urinary tract health.(4)‘Natural’ claims for animal food if all of the following circumstances are met:(A)Subject to subparagraph (C), the term ‘natural’ refers to a food or ingredient derived solely from plant, animal, or mined sources—(i)in its unprocessed state; or(ii)having been subject to physical processing, heat processing, rendering, purification, extraction, hydrolysis, enzymolysis, or fermentation, but not having been produced by or subject to a chemically synthetic process and not containing any additives or processing aids that are chemically synthetic except in amounts as might occur unavoidably in good manufacturing practices.(B)The term ‘natural’ is only used to reference the product as a whole when all of the ingredients and components of ingredients meet the description in subparagraph (A).(C)If the food or ingredient contains chemically synthesized vitamins, minerals, or other trace nutrients used as ingredients in animal food, a disclaimer—(i)discloses the addition of such vitamins, minerals, and other trace nutrients by name or category;(ii)is juxtaposed with the term ‘natural’; and(iii)appears with the largest or most prominent use of the term ‘natural’ on each panel of the label on which the term appears, in the same style and color print and at least one-half the size of the term natural.(D)A disclaimer under subparagraph (C) is not required when the term ‘natural’ is used in reference to one ingredient and is not referring to the whole product.(h)GUIDANCE ON CERTAIN TOPICS(1)In GeneralThe Secretary shall issue guidance addressing each of the following topics:(A)Methods for substantiating nutritional adequacy of pet foods.(B)Pet food metabolizable energy protocols.(C)Affidavits for pet food testing protocol completion.(D)Data to support a calorie content claim for pet foods.(E)Analytical variations (AVs) for animal food.(F)Recommendations for use of menadione sodium bisulfite complex (MSBC) in animal feed.(2)Initial Guidance(A)TimingNot later than 18 months after the date of enactment of the PURR Act of 2026, the Secretary shall issue initial guidance under this subsection.(B)BasisThe initial guidance under subparagraph (A) shall be based on the guidance contained in the 2024 edition of ‘AAFCO Official Publication’.

    .

  2. (b)

    Title X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end the following:

    1016.Responsibilities for Animal Food Regulation(a)DELEGATION OF RESPONSIBILITYThe Secretary shall delegate to the Director of the Center for Veterinary Medicine responsibility for carrying out section 425 and, as appropriate, other responsibilities and authorities of the Food and Drug Administration with respect to animal food.(b)DUTIESThe responsibilities of the Director of the Center for Veterinary Medicine shall include— (1)conducting and coordinating science-based reviews of animal food ingredient submissions;(2)submitting an annual report to the Congress on performance metrics, including performance on—(A)the review of submissions and issuance of action letters under section 425(d);(B)the issuance of initial guidance under section 425(h) and any subsequent revisions to such guidance; and(C)the proposal and finalization of initial regulations under subsection (c) and (d) of the PURR Act of 2026 and any subsequent revisions to such regulations;(3)educating pet owners, veterinarians, and the companion animal industry about pet food;(4)communicating and educating consumers on the safety of pet food; and(5)carrying out research to support and improve policies and regulatory decisions regarding animal food.(c)DEFINITIONSIn this section, the terms ‘animal food’, ‘companion animal’, ‘pet food’, ‘specialty pet’ and ‘animal food ingredient submission’, have the meanings given to those terms in section 425.

    .

  3. (c)
    In General

    The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall—

    1. (1)

      not later than two years after the date of enactment of this Act, issue proposed regulations to implement the amendments made by this Act; and

    2. (2)

      not later than three years after the date of enactment of this Act, finalize such regulations.

  4. (d)
    Contents

    The initial regulations promulgated to implement the amendments made by this Act shall include:

    1. (1)

      for commercial feed, Regulation 1 through Regulation 10 of the “Model Regulations Under the Model Bill” in chapter 4 of the 2024 edition of the “AAFCO Official Publication”; and

    2. (2)

      PF 1 through PF 12 of the “Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill” in chapter 4 of the 2024 edition of the “AAFCO Official Publication”.

SEC. 773.

There is appropriated $1,500,000 for the emergency and transitional pet shelter and housing assistance grant program established under section 12502(b) of the Agriculture Improvement Act of 2018 (34 U.S.C. 20127).

SEC. 774.

  1. (a)
    In general
    1. (1)
      Liability of persons

      A person shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of an apparently fit pet-related product that the person donates in good faith to a State or unit of local government or a nonprofit organization for ultimate distribution to qualified animals.

    2. (2)
      Liability of nonprofit organizations

      A nonprofit organization shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of an apparently fit pet-related product that the nonprofit organization received as a donation from a person in good faith for ultimate distribution to qualified animals.

    3. (3)
      Liability of state and local governments

      A State or unit of local government shall not be subject to liability arising from the nature, age, packaging, or condition of an apparently fit pet-related product that the State or unit of local government received as a donation from a person in good faith for ultimate distribution to qualified animals.

    4. (4)
      Waiver not applicable to gross negligence or intentional misconduct

      Paragraphs (1), (2), and (3) shall not apply to an injury to, or death of, an ultimate user or recipient of the apparently fit pet-related product that results from an act or omission of the person, nonprofit organization, or State or unit of local government, as applicable, constituting gross negligence or intentional misconduct.

  2. (b)
    Partial compliance

    If a person donates in good faith pet food or pet supplies that do not meet all quality and labeling standards imposed by Federal, State, and local laws and regulations, such person shall not be subject to civil or criminal liability in accordance with this section if the State or unit of local government or nonprofit organization to which the food or supplies are donated—

    1. (1)

      is informed by such person of the distressed or defective condition of the food or supplies;

    2. (2)

      agrees to recondition such food or supplies to comply with such quality and labeling standards prior to distribution of such food or supplies; and

    3. (3)

      is knowledgeable of such quality and labeling standards to properly recondition such food or supplies.

  3. (c)
    Construction

    Nothing in this section shall be construed to—

    1. (1)

      create any liability; or

    2. (2)

      supersede State or local health regulations.

  4. (d)
    Definitions

    In this section:

    1. (1)
      Apparently fit pet-related product

      The term “apparently fit pet-related product” means any pet food or pet supply that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

    2. (2)
      Child nutrition act of 1966 terms

      The terms “donate”, “gross negligence”, “intentional misconduct”, “nonprofit organization”, and “person” have the meanings given such terms in section 22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b)).

    3. (3)
      Emotional support animal

      The term “emotional support animal” means an animal that—

      1. (A)

        is covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or successor regulation); and

      2. (B)

        is not a service animal.

    4. (4)
      Pet

      The term “pet” means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or other animal that is kept for pleasure rather than for commercial purposes.

    5. (5)
      Pet food

      The term “pet food” means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for consumption by a qualified animal.

    6. (6)
      Pet supply

      The term “pet supply” means tangible personal property used for qualified animals, including pet carriers, crates, kennels, houses, cages, clothing, bedding, toys, collars, leashes, leads, tie-outs, feeders, bowls, dishes, pet gates, or pet doors.

    7. (7)
      Qualified animal

      The term “qualified animal” means a pet, an emotional support animal, or a service animal.

    8. (8)
      Service animal

      The term “service animal” has the meaning given the term in section 36.104 of title 28, Code of Federal Regulations (or successor regulation).

SEC. 775.

None of the funds made available by this Act may be used to impose any cost sharing or matching requirements for any awards or subawards under the Specialty Crop Block Grant Program (7 U.S.C. 1621 note) for fiscal year 2027.

SEC. 776.

None of the funds made available to the Department of Agriculture in this or any other Act may be used to close or consolidate the resources or locations of any existing Agricultural Research Service laboratories and facilities without prior notification, including cost analysis, how many research scientists will likely not be willing to relocate, and which research projects will be terminated or adversely impacted by the relocation, and approval of the Committees on Appropriations of both Houses of Congress.

SEC. 777.

In addition to funds made available by this or any other Act, there is hereby appropriated $2,500,000 for the Senior Farmers’ Market Nutrition Program as authorized by 7 U.S.C. 3007(a).

SEC. 778.

Section 3(1) of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note) is amended by striking dried fruits, and inserting dried fruits, millet,.

SEC. 779.

Public Law 87–590 (76 Stat. 389; 123 Stat. 1320) is amended—

  1. (1)

    in the first section—

    1. (A)

      in subsection (c), in the second sentence, by striking or in the case of the Arkansas Valley Conduit, payment in an amount equal to 35 percent of the cost of the conduit that is comprised of revenue generated by payments pursuant to a repayment contract and revenue that may be derived from contracts for the use of Fryingpan-Arkansas project excess capacity or exchange contracts using Fryingpan-Arkansas project facilities,; and

    2. (B)

      by adding at the end the following:

      1. (d)
        Arkansas valley conduit
        1. (1)
          Repayment contract

          To provide domestic water supplies to communities and households that do not have reliable access to domestic water supplies, the contract for the Arkansas Valley Conduit shall provide for payment in an amount equal to 35 percent of the cost of the conduit, notwithstanding the reclamation laws or any other provision of this Act. The contract payments shall consist of—

          1. (A)

            funding provided during construction from any entity other than the Secretary; and

          2. (B)

            based on a demonstration of financial hardship, as determined by the Secretary, repayment of the balance not covered under subparagraph (A) for a period of not more than 75 years with simple interest at a rate that is equal to 50 percent of the interest rate determined by the Secretary of the Treasury under section 2(c), including revenue derived from contracts for the use of excess capacity or exchange contracts using Fryingpan-Arkansas project facilities.

        2. (2)
          Operations and maintenance

          The contract for the Arkansas Valley Conduit shall provide for the assumption by the contracting parties of the care, operation, maintenance, and replacement of the conduit.

      ; and

  2. (2)

    in section 2(b)(3)(A), by striking this section and inserting subsection (d) of the first section.

SEC. 780.

$0.

SEC.

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, 2027, and for other purposes, namely: