Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2018, and for other purposes. 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, 2018, and for other purposes, namely: I Agricultural Programs Processing, Research, and marketing Office of the secretary (including transfers of funds) For necessary expenses of the Office of the Secretary, $21,703,000, of which not to exceed $4,850,000 shall be available for the immediate Office of the Secretary; not to exceed $501,000 shall be available for the Office of Tribal Relations; not to exceed $800,000 shall be available for the Assistant to the Secretary for Rural Development: Provided Provided further Provided further Provided further Provided further Provided further Provided further Executive operations Office of the chief economist For necessary expenses of the Office of the Chief Economist, $16,777,000, of which $4,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155 Office of hearings and appeals For necessary expenses of the Office of Hearings and Appeals, $13,399,000. Office of budget and program analysis For necessary expenses of the Office of Budget and Program Analysis, $9,093,000. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, $49,538,000, of which not less than $33,000,000 is for cybersecurity requirements of the Department. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, $5,836,000. Office of the assistant secretary for civil rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $800,000: Provided Office of civil rights For necessary expenses of the Office of Civil Rights, $23,304,000. 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 42 U.S.C. 6901 Provided 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 section 6(a)(9) Public Law 95–452 Public Law 95–452 Public Law 97–98 Office of the general counsel For necessary expenses of the Office of the General Counsel, $42,970,000. Office of ethics For necessary expenses of the Office of Ethics, $3,945,000. 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, $800,000: Provided Economic research service For necessary expenses of the Economic Research Service, $76,788,000. National agricultural statistics service For necessary expenses of the National Agricultural Statistics Service, $183,781,000, of which up to $63,350,000 shall be available until expended for the Census of Agriculture: Provided 7 U.S.C. 2204g(d) 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, $1,132,625,000: Provided Provided further 7 U.S.C. 2250 Provided further Provided further Provided further Provided further 21 U.S.C. 113a Provided further Provided further 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, $60,000,000 to remain available until expended. 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, $830,402,000, 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 Provided Provided further Provided further Provided further 7 U.S.C. 3221 Provided further 7 U.S.C. 450i(b) Native american institutions endowment fund For the Native American Institutions Endowment Fund authorized by Public Law 103–382 7 U.S.C. 301 Extension activities For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $475,876,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Extension Activities Provided Provided further 7 U.S.C. 3221 Provided further 7 U.S.C. 343(b) Integrated activities For the integrated research, education, and extension grants programs, including necessary administrative expenses, $35,000,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Integrated Activities Provided Provided further 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, $800,000: Provided 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 contingency fund 15 U.S.C. 1831 Provided Provided further Provided further Provided further Provided further 7 U.S.C. 8310 7 U.S.C. 7751 Provided further 7 U.S.C. 2250 In fiscal year 2018, 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. Agricultural marketing service Marketing services For necessary expenses of the Agricultural Marketing Service, $77,573,000: Provided 7 U.S.C. 2250 Fees may be collected for the cost of standardization activities, as established by regulation pursuant to section 9701 of title 31, United States Code. Limitation on administrative expenses Not to exceed $61,227,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided 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 16 U.S.C. 742a 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) Grain inspection, packers and stockyards administration Salaries and expenses For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $42,888,000: Provided 7 U.S.C. 2250 Limitation on inspection and weighing services expenses Not to exceed $60,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided Office of the under secretary for food safety For necessary expenses of the Office of the Under Secretary for Food Safety, $800,000: Provided 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 $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 7 U.S.C. 138f Provided Provided further 7 U.S.C. 1901 Provided further Public Law 110–246 Public Law 113–79 Provided further 7 U.S.C. 2250 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, $875,000: Provided Farm service agency Salaries and expenses (including transfers of funds) For necessary expenses of the Farm Service Agency, $1,166,317,000: Provided Provided further Provided further Provided further Provided further Provided further Provided further 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 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 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 Public Law 106–387 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 7 U.S.C. 1941 7 U.S.C. 1961 25 U.S.C. 488 7 U.S.C. 1989 7 U.S.C. 1924 25 U.S.C. 488 Provided 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: farm operating loans, $52,716,000 for direct operating loans, $17,687,000 for unsubsidized guaranteed operating loans, emergency loans, $1,260,000, to remain available until expended; and $2,272,000 for Indian highly fractionated land loans. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $305,291,000, of which $297,386,000 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 Risk management agency salaries and expenses For necessary expenses of the Risk Management Agency, $55,000,000: Provided 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. 428a Provided 7 U.S.C. 2250 Provided further 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 Provided Public Law 78–534 Watershed rehabilitation program Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $10,000,000 is provided: Provided 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 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 15 U.S.C. 714i Hazardous waste management (limitation on expenses) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 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) 42 U.S.C. 6961 III Rural development programs 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; $220,835,000: Provided 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: $900,000,000 shall be for direct loans and $24,000,000,000 shall be for unsubsidized guaranteed loans; $24,000,000 for section 504 housing repair loans; $28,398,000 for section 515 rental housing; $230,000,000 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: Provided, 42 U.S.C. 1484(f)(3)(A) United States United States, , or a person legally admitted to the United States and authorized to work in agriculture 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, $34,650,000 shall be for direct loans; section 504 housing repair loans, $2,959,000; section 523 self-help housing land development loans, $368,000; section 524 site development loans, $58,000; and repair, rehabilitation, and new construction of section 515 rental housing, $7,472,000: Provided 2 U.S.C. 661 Provided further 42 U.S.C. 1490q Provided further Provided further Asset Management Fee 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 Provided In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $401,300,000 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, $1,345,293,000, of which $40,000,000 shall be available until September 30, 2019; 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 Provided further Provided further Provided further Provided further Multi-family housing revitalization program 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, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $35,000,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further 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 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, $2,600,000,000 for direct loans and $148,305,000 for guaranteed loans. For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $4,849,000, to remain available until expended. 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, $58,251,000, to remain available until expended: Provided 7 U.S.C. 2009aa 40 U.S.C. 14101 Provided further Provided further 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 For the cost of direct loans, $4,041,000, as authorized by the Intermediary Relending Program Fund Account ( 7 U.S.C. 1936b Public Law 100–460 Provided In addition, for administrative expenses to carry out the direct loan programs, $4,230,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Rural economic development loans program account (including rescission of funds) For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $33,077,000. Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $196,000,000 shall not be obligated and $196,000,000 are rescinded. The cost of grants authorized under section 313 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 Provided 7 U.S.C. 1632a Rural energy for america program For the cost of a program of loan guarantees, 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 Provided Rural utilities service Rural water and waste disposal program account (including transfers of funds) For the cost of direct loans, loan guarantees, and grants for the 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, $472,700,000, 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 $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided Provided further Public Law 105–83 Provided further Public Law 105–83 Provided further Provided further Provided further Provided further Rural electrification and telecommunications loans program account (including transfer of funds) The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 1936 ( 7 U.S.C. 935 Provided For the cost of direct loans as authorized by section 305 of the Rural Electrification Act of 1936 ( 7 U.S.C. 935 In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $30,750,000, which shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses Broadband program For the principal amount of broadband telecommunication loans, $26,991,000. For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $4,521,000, to remain available until expended: Provided Rural economic infrastructure account (including transfers of funds) 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 7 U.S.C. 950aaa Provided Provided further Rural Housing Assistance Grant Rural Community Facilities Program Account Distance Learning, Telemedicine and Broadband Program Provided further 40 U.S.C. 14102(a)(1) Provided further 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, $800,000: Provided 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 42 U.S.C. 1771 Public Law 110–246 Provided 42 U.S.C. 1771 Provided further Provided further Public Law 111–80 Provided further 42 U.S.C. 1769g(d) 2010 through 2017 2010 through 2018 Provided further 42 U.S.C. 1758(h)(3) for fiscal year 2017 for fiscal year 2018 Provided further 42 U.S.C. 1758(h)(4) for fiscal year 2017 for fiscal year 2018 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 Provided 42 U.S.C. 1786(h)(10) Provided further Provided further Provided further Supplemental nutrition assistance program For necessary expenses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 Provided Provided further Provided further Provided further Provided further Provided further 8 U.S.C. 1183A Provided further 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 Public Law 108–188 Provided Provided further Provided further 7 U.S.C. 2036(a) Nutrition programs administration For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $148,541,000: Provided Public Law 107–171 Public Law 110–246 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, $875,000: Provided 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 Provided 7 U.S.C. 1737 Provided further Food for peace title i direct credit and food for progress program account (including transfer of funds) For administrative expenses to carry out the credit program of title I, Food for Peace Act ( Public Law 83–480 Farm Service Agency, Salaries and Expenses 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 Provided 7 U.S.C. 1722(a) 7 U.S.C. 1736f(e)(2) 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 Provided 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, $6,735,000; 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, of which $6,382,000 shall be transferred to and merged with the appropriation for Foreign Agricultural Service, Salaries and Expenses Farm Service Agency, Salaries and Expenses VI Related agencies and food and drug administration Department of health and human services Food and drug administration Salaries and expenses 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 Public Law 114–255 Public Law 107–188 Provided 21 U.S.C. 379h 21 U.S.C. 379j 21 U.S.C. 379j–42 21 U.S.C. 379j–52 21 U.S.C. 379j–12 21 U.S.C. 379j–21 21 U.S.C. 387s Provided further Provided further Provided further Provided further Provided further Provided further Provided further 21 U.S.C. 379dd(n) Provided further other activities Department of Health and Human Services—Office of Inspector General Provided further Provided further In addition, mammography user fees authorized by 42 U.S.C. 263b 21 U.S.C. 381 21 U.S.C. 360n 21 U.S.C. 379j–31 21 U.S.C. 379j–62 21 U.S.C. 353(e)(3) 21 U.S.C. 360eee–3(c)(1) 21 U.S.C. 384d(c)(8) 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, $8,771,000, to remain available until expended. Independent agencies Commodity futures trading commission For necessary expenses to carry out the provisions of the Commodity Exchange Act ( 7 U.S.C. 1 Provided 31 U.S.C. 1553 Provided further 31 U.S.C. 1552 Provided further, Farm credit administration Limitation on administrative expenses Not to exceed $68,600,000 (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 Provided further VII General provisions (including rescissions and transfers of funds) 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 71 passenger motor vehicles of which 68 shall be for replacement only, and for the hire of such vehicles: Provided 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 plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further Provided further 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. 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. 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. 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 Provided further Provided further Public Law 113–235 707. Funds made available under section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) 708. Notwithstanding any other provision of law, any former RUS 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 313(b)(2)(B) of such Act in the same manner as a borrower under such Act. 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, 2019, for information technology expenses: Provided 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. 711. In the case of each program established or amended by the Agricultural Act of 2014 ( Public Law 113–79 (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 (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. 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. 713. None of the funds in this Act shall be available to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30 percent of total Federal funds provided under each award: Provided 7 U.S.C. 3310 15 U.S.C. 638 714. 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 the following: (1) The program authorized by section 14(h)(1) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(1) Provided (2) The program authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 (3) The program authorized by section 9011 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8111 (4) The program authorized by section 9003 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103 (5) The program authorized by section 524(b) of the Federal Crop Insurance Act, as amended ( 7 U.S.C. 1524(b) Provided 715. Notwithstanding subsection (b) of section 14222 of Public Law 110–246 7 U.S.C. 612c–6 section 14222 7 U.S.C. 612c section 32 Provided Provided further 42 U.S.C. 1769a Provided further Provided further 15 U.S.C. 714c Provided further 716. 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 2018 appropriations Act. 717. (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 Public Law 89–106 7 U.S.C. 2263 (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 Chairman of the Commodity Futures Trading Commission, or the Secretary of Health and Human Services (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 Chairman of the Commodity Futures Trading Commission, or the Secretary of Health and Human Services (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 Chairman of the Commodity Futures Trading Commission, or the Secretary of Health and Human Services 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 Chairman of the Commodity Futures Trading Commission, or the Secretary of Health and Human Services 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. 718. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) 719. 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. 720. 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. 721. 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. 722. (a) Unless the Secretary of Agriculture notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this Act may be used to— (1) make a grant allocation of discretionary grant award totaling $1,000,000 or more; (2) make a discretionary contract award totaling $1,000,000 or more; (3) issue a letter of intent to make an allocation or award in excess of the limits in subparagraph (1) or (2); or (4) announce publicly the intention to make an allocation or award in excess of the limits in subparagraph (1) or (2). (b) The Secretary of Agriculture shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter. (c) The notification required by paragraph (a) and the report required by paragraph (b) 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 brief description of the activity for which the award is made. 723. 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. 724. Funds made available under title II of the Food for Peace Act ( 7 U.S.C. 1721 725. The Secretary shall establish an intermediary loan packaging program based on the pilot program in effect for fiscal year 2013 for packaging and reviewing section 502 single family direct loans. The Secretary shall enter into agreements with current intermediary organizations and with additional qualified intermediary organizations. The Secretary shall work with these organizations to increase effectiveness of the section 502 single family direct loan program in rural communities and shall set aside and make available from the national reserve section 502 loans an amount necessary to support the work of such intermediaries and provide a priority for review of such loans. 726. 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 727. 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 Provided 728. 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 42 U.S.C. 1766 42 U.S.C. 1761 42 U.S.C. 1771 729. 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. 730. Funds provided by this or any prior Appropriations Act for the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) 7 U.S.C. 3371 Provided 7 U.S.C. 450i(b)(9) 731. None of the funds made available by this Act may be used by the Secretary of Agriculture, acting through the Food and Nutrition Service, to commence any new research and evaluation projects until the Secretary submits to the Committees on Appropriations of both Houses of Congress a research and evaluation plan for fiscal year 2018, prepared in coordination with the Research, Education, and Economics mission area of the Department of Agriculture, and a period of 30 days beginning on the date of the submission of the plan expires to permit Congressional review of the plan. 732. In carrying out subsection (h) of section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 42 U.S.C. 1490p–2 733. 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) 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) 42 U.S.C. 262(a)(3) 735. None of the funds made available by this or any other Act may be used to carry out the final rule promulgated by the Food and Drug Administration and put into effect November 16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals rule with respect to the regulation of the production, distribution, sale, or receipt of dried spent grain byproducts of the alcoholic beverage production process. 736. (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. 737. 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 738. No partially hydrogenated oils as defined in the order published by the Food and Drug Administration in the Federal Register on June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be deemed unsafe within the meaning of section 409(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348(a) 739. The Secretary may charge a fee for lenders to access Department loan guarantee systems in connection with such lenders’ participation in loan guarantee programs of the Rural Housing Service: Provided Provided further 740. (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. 741. Of the unobligated balances from amounts made available for the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 742. (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 (2) In this section, the term iron and steel products (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 (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 (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 State 743. (a) For the period beginning on the date of enactment of this Act through school year 2018–2019, with respect to the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 42 U.S.C. 1771 Provided Provided further (b) For the period beginning on the date of enactment of this Act through school year 2018–2019, 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 implement any regulations under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 42 U.S.C. 1771 Public Law 111–296 (c) For the period beginning on the date of enactment of this Act through school year 2018–2019, notwithstanding any other provision of law, the Secretary shall allow States to grant special exemptions for the service of flavored, low-fat fluid milk in the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 42 U.S.C. 1771 744. Of the total amounts made available by this Act for direct loans and grants in the following headings: Rural Housing Service—Rural Housing Insurance Fund Program Account Rural Housing Service—Mutual and Self-Help Housing Grants Rural Economic Infrastructure 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 Utilities Service—Rural Water and Waste Disposal Program Account Rural Utilities Service—Rural Electrification and Telecommunications Loans Program Account Provided persistent poverty counties Provided further 745. For the purposes of determining eligibility or level of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations. 746. 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 747. None of the funds made available by this Act may be used to implement, administer, or enforce the variety Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP) variety variety staple food Provided Public Law 113–79 748. None of the funds made available by this Act may be used by the Food and Drug Administration to develop, issue, promote, or advance any regulations applicable to food manufacturers for population-wide sodium reduction actions or to develop, issue, promote or advance final guidance applicable to food manufacturers for long term population-wide sodium reduction actions until the date on which a dietary reference intake report with respect to sodium is completed. 749. The Secretary of Agriculture and the Secretary’s designees are hereby granted the same access to information and subject to the same requirements applicable to the Secretary of Housing and Urban Development as provided in section 453 of the Social Security Act ( 42 U.S.C. 653 section 6103(1)(7)(D)(ix) 26 U.S.C. 1603(1)(7)(D)(ix) 42 U.S.C. 1972 750. Of the unobligated balances from amounts made available to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107a 751. None of the funds made available to the Commodity Futures Trading Commission by this Act or any other Act in the current fiscal year or any other fiscal year may be used to pay the salaries and expenses of personnel to lower the de minimis quantity of swap dealing established under section 1a(49)(D) of the Commodity Exchange Act ( 7 U.S.C. 1a(49)(D) 752. None of the funds made available by this Act or any other Act in the current fiscal year or any other fiscal year may be used to implement, administer, or enforce the final rule with the regulation identifier number 0910-AG38 published by the Food and Drug Administration in the Federal Register on May 10, 2016 (81 Fed. Reg. 28974) with respect to traditional large and premium cigars. For the purposes of this section, the term traditional large and premium cigar (1) any roll of tobacco that is wrapped in 100 percent leaf tobacco, is bunched with 100 percent tobacco filler, contains no filter, tip, or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000 count, and— (A) has a 100 percent leaf tobacco binder and is hand rolled; (B) has a 100 percent leaf tobacco binder and is made using human hands to lay the leaf tobacco wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or (C) has a homogenized tobacco leaf binder and is made in the United States using human hands to lay the 100 percent leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar; and (2) is not a cigarette or a little cigar (as such terms are defined in paragraphs (3) and (11), respectively, of section 900 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387 753. (a) None of the funds appropriated or otherwise made available by this Act or any other Act with respect to any fiscal year may, for each tobacco product which the Secretary of Health and Human Services by regulation under section 901(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387a(b) (1) any reference in sections 905(j) or 910(a) of such Act ( 21 U.S.C. 387e(j) 21 U.S.C. 387a(b) (2) any reference in such sections to 21 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act as other than a reference to 21 months after the effective date of such deeming regulation. (b) (1) Notwithstanding any other provision of law, not later than 21 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue a notice of proposed rulemaking to establish a product standard for vapor products pursuant to section 907 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387g (A) characterizing flavors; and (B) batteries. (2) Notwithstanding any other provision of law, not later than 36 months after the date of enactment of this Act, the Secretary shall promulgate a final rule pursuant to such notice. (c) A vapor product shall be deemed to be misbranded under section 903(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387c(a) (d) (1) A retailer may only sell any vapor product in a direct face-to-face exchange without the assistance of any electronic or mechanical device (such as a vending machine). (2) This subsection shall not apply with respect to sales of vapor products conducted through— (A) mail-order; or (B) a vending machine or self-service display if, with respect to the facility in which such vending machine or display is located, the retailer of such products ensures that no person under 18 years of age is present or permitted to enter. (3) A violation of this section is deemed to constitute a violation of the Federal Food, Drug, and Cosmetic Act relating to a tobacco product for purposes of section 303(f)(9) of such Act ( 21 U.S.C. 333(f)(9) (e) (1) Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to require that the labeling of vapor products contain— (A) the phrase Keep Out of Reach of Children (B) the phrase Underage Sale Prohibited (C) an accurate statement of the nicotine content of the vapor product. (2) A vapor product whose label is in violation of the regulations required by paragraph (1) is deemed to be misbranded under section 903 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387c (f) (1) Every person who owns or operates an establishment in any State engaged in the retail sale of a vapor product shall register that establishment with the Secretary of Health and Human Services within the later of 60 days after the date of enactment of this Act, or 30 days after first engaging in such retail sale. (2) The requirements of this subsection do not apply with respect to any establishment subject to an active registration under— (A) any State law relating to tobacco products; or (B) section 905 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387e (3) The Secretary shall make available for inspection, to any person so requesting, any registration filed under this section. (g) In this section: (1) The term adult publication (A) whose readers younger than 18 years of age constitute 15 percent or less of the total readership as measured by competent and reliable survey evidence; and (B) that is read by fewer than 2 million persons younger than 18 years of age as measured by competent and reliable survey evidence. (2) The terms label labeling 21 U.S.C. 321 (3) The term tobacco product 21 U.S.C. 321 (4) The term vapor product (A) means any non-combustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution or other form; (B) includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form; and (C) does not include any product regulated as a drug or device by the Food and Drug Administration under chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 754. (a) No funds shall be used to finalize the proposed rule entitled Eligibility of the People’s Republic of China (PRC) to Export to the United States Poultry Products from Birds Slaughtered in the PRC (1) ensure that the poultry slaughter inspection system for the PRC is equivalent to that of the U.S.; (2) ensure that, before any poultry products can enter the United States from any such poultry plant, such poultry products comply with all other applicable requirements for poultry products in interstate commerce in the United States; (3) conduct periodic verification reviews and audits of any such plants in the PRC intending to export into the United States processed poultry products; (4) conduct re-inspection of such poultry products at United States ports-of-entry to check the general condition of such products, for the proper certification and labeling of such products, and for any damage to such products that may have occurred during transportation; and (5) ensure that shipments of any such poultry products selected to enter the United States are subject to additional re-inspection procedures at appropriate levels to verify that the products comply with relevant Federal regulations or standards, including examinations for product defects and laboratory analyses to detect harmful chemical residues or pathogen testing appropriate for the products involved. (b) This section shall be applied in a manner consistent with obligations of the United States under any trade agreement to which the United States is a party. 755. None of the funds made available by this Act or funds from the Commodity Credit Corporation may be used by the Secretary of Agriculture or provided to the Department of Defense to purchase, produce, or defray the costs of purchase or production of, or develop, facilitate, expedite, or expand production of, an alternative fuel (under the meaning given such term by subparagraph (I) of section 32901(a)(1) of title 49, United States Code) for the Department of Defense. 756. None of the funds made available by this Act may be used to further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547. 757. For necessary expenses to carry out the activities described in section 1002(b)(4) of the 21st Century Cures Act ( Public Law 114–255 Salaries and Expenses Provided Provided further 758. For an additional amount for Animal and Plant Health Inspection Service—Salaries and Expenses 759. There is hereby appropriated $1,000,000, to remain available until September 30, 2019, for the cost of loans and grants consistent with section 243 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6953 760. The provisions of sections 202 and 320 of H.R. 238, One Hundred Fifteenth Congress (the Commodity End-User Relief Act spending reduction account 761. $0. This Act may be cited as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018 July 17, 2017 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Highlights: This bill provides FY2018 appropriations for the Department of Agriculture (USDA), except for the Forest Service which is included in the Department of the Interior, Environment, and Related Agencies appropriations bill. It also provides appropriations for the Food and Drug Administration (FDA), the Commodity Futures Trading Commission (CFTC), and the Farm Credit Administration. The bill includes both discretionary and mandatory funding. The mandatory funding levels are generally set by authorizing legislation such as the farm bill and are frequently limited in the agriculture appropriations bill. The bill decreases discretionary funding for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies below FY2017 levels. Also included in the bill are provisions that affect policies in areas such as: regulation of newly deemed tobacco products such as electronic cigarettes (e-cigarettes) and cigars, inventory requirements for SNAP-authorized retailers, nutrition standards for school meals, and imports of poultry products from China. The bill also enacts specified provisions of H.R. 238 (the Commodity End-User Relief Act), as passed by the House of Representatives on January 12, 2017. Full Summary: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018 Provides FY2018 appropriations to the Department of Agriculture (USDA), the Food and Drug Administration (FDA), and related agencies. TITLE I--AGRICULTURAL PROGRAMS Provides appropriations for the following agricultural programs and services: the Office of the Secretary; Executive Operations; the Office of the Chief Information Officer; the Office of the Chief Financial Officer; the Office of the Assistant Secretary for Civil Rights; the Office of Civil Rights; Hazardous Materials Management; the Office of Inspector General; the Office of the General Counsel; the Office of Ethics; the Office of the Under Secretary for Research, Education, and Economics; the Economic Research Service; the National Agricultural Statistics Service; the Agricultural Research Service; the National Institute of Food and Agriculture; the Office of the Under Secretary for Marketing and Regulatory Programs; the Animal and Plant Health Inspection Service; the Agricultural Marketing Service; the Grain Inspection, Packers and Stockyards Administration; the Office of the Under Secretary for Food Safety; and the Food Safety and Inspection Service. TITLE II--FARM PRODUCTION AND CONSERVATION PROGRAMS Provides appropriations for: the Office of the Under Secretary for Farm Production and Conservation, the Farm Service Agency, the Risk Management Agency, the Natural Resources Conservation Service, the Federal Crop Insurance Corporation Fund, and the Commodity Credit Corporation Fund. TITLE III--RURAL DEVELOPMENT PROGRAMS Provides appropriations for Rural Development Programs including: Rural Development Salaries and Expenses, the Rural Housing Service, the Rural Business--Cooperative Service, the Rural Utilities Service, and the Rural Economic Infrastructure Account. TITLE IV--DOMESTIC FOOD PROGRAMS Provides appropriations for the Office of the Under Secretary for Food, Nutrition, and Consumer Services. Provides appropriations to the Food and Nutrition Service for: Child Nutrition Programs; the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); the Supplemental Nutrition Assistance Program (SNAP, formerly known as food stamps); the Commodity Assistance Program; and Nutrition Programs Administration. TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS Provides appropriations to the Office of the Under Secretary for Trade and Foreign Agricultural Affairs. Provides appropriations for the Foreign Agricultural Service, including: the Food for Peace Act (P.L. 480), the McGovern-Dole International Food for Education and Child Nutrition Program, and the Commodity Credit Corporation Export (loans) Credit Guarantee Program Account. TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION Provides appropriations to: the Department of Health and Human Services for the Food and Drug Administration (FDA). the Commodity Futures Trading Commission, and the Farm Credit Administration. TITLE VII--GENERAL PROVISIONS (Sec. 701) Permits USDA to use funds provided by this bill for the purchase, replacement, and hire of passenger motor vehicles. (Sec. 702) Permits USDA to transfer unobligated balances to the Working Capital Fund for the acquisition of plant and capital equipment for financial, administrative, and information technology services. Permits the transferred funds to remain available until expended and specifies restrictions on the use of the funds. (Sec. 703) Prohibits appropriations provided by this bill from remaining available for obligation beyond the current fiscal year unless the bill expressly provides otherwise. (Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit institutions to 10% of the total direct cost of the agreement when the purpose of the agreement is to carry out programs of mutual interest between the two parties. (Sec. 705) Permits appropriations for direct and guaranteed loans to remain available until expended to disburse obligations made in the current fiscal year for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account. (Sec. 706) Prohibits USDA from using funds provided by this bill to acquire or upgrade information technology systems without approval of the Chief Information Officer (CIO) and the Executive Information Technology Investment Review Board. Restricts the transfer of funds made available by this bill to the CIO without prior approval of Congress. Prohibits funds from being used for specified information technology projects without the approval of the CIO. (Sec. 707) Permits specified funds provided under the Federal Crop Insurance Act for the Agricultural Management Assistance Program in the current fiscal year to remain available until expended to disburse obligations made in the current fiscal year. (Sec. 708) Makes a former Rural Utility Service borrower that has repaid or prepaid a loan under the Rural Electrification Act of 1936 or any not-for-profit utility qualified to receive a loan under the Act eligible for rural economic development and job creation assistance in the same manner as a borrower. (Sec. 709) Permits specified unobligated balances of appropriations provided by this bill for salaries and expenses of the Farm Service Agency and the Rural Development mission area to remain available through FY2019 for information technology expenses. (Sec. 710) Prohibits funds provided by this bill from being used for first-class travel by employees of agencies funded by this bill. (Sec. 711) Provides that Commodity Credit Corporation funds authorized or required to be used for specified programs included in the Agricultural Act of 2014: (1) shall be available for salaries and administrative expenses associated with the programs without regard to allotment and transfer limits, and (2) shall not be considered to be a fund transfer or allotment for purposes of applying the limits. (Sec. 712) Limits funds available for USDA advisory committees, panels, commissions, and task forces, except for panels used to comply with negotiated rulemaking or to evaluate competitively awarded grants. (Sec. 713) Prohibits funds provided by this bill from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture (NIFA) that exceed 30% of total federal funds provided under each award. Permits funds provided by this bill for grants awarded competitively by NIFA to be used to pay full allowable indirect costs for specified research and development grants awarded under the Small Business Act. (Sec. 714) Limits funds that may be used for the following programs: the Watershed Rehabilitation Program; the Rural Energy for America Program; the Biomass Crop Assistance Program; the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program; and the Agricultural Management Assistance Program. (Sec. 715) Limits funds for the following domestic food assistance categories: Child Nutrition Programs Entitlement Commodities, State Option Contracts, Removal of Defective Commodities, and Administration of Section 32 Commodity Purchases. Limits FY2018 funds for the Fresh Fruit and Vegetable Program that provides fruit and vegetables to students in participating elementary schools. Prohibits USDA from using funds for payments authorized by Section 32 of the Agricultural Adjustment Act of 1935 to increase purchasing power of agricultural producers or for surplus removal or price support activities authorized by the Commodity Credit Corporation Charter Act. (Section 32 is a program created to assist agricultural producers of non-price-supported commodities and is funded by a permanent appropriation of a portion of the previous year's customs receipts less certain mandatory transfers to child nutrition and other programs. This provision effectively prohibits the use of Section 32 for emergency disaster payments.) Rescinds specified unobligated balances provided for domestic food assistance programs. (Sec. 716) Prohibits funds from being used to prepare proposals for the President's budget that assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted. (Sec. 717) Sets forth procedures, requirements, and restrictions for reprogramming and transferring funds provided by this bill. (Sec. 718) Permits USDA to assess a one-time fee for any guaranteed business and industry loan and limits the fee to 3% of the guaranteed principal portion of the loan. (Sec. 719) Prohibits funds from being used to provide reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to anyone not employed by USDA, the Food and Drug Administration, the Commodity Futures Trading Commission, or the Farm Credit Administration. (Sec. 720) Prohibits any executive branch agency from using funds provided by this bill to produce a prepackaged news story for U.S. broadcast or distribution unless the story includes a clear notification that it was prepared or funded by the agency. (Sec. 721) Prohibits USDA employees from being detailed or assigned from an agency funded by this bill to any other USDA agency or office for more than 60 days in a fiscal year unless the individual's employing agency is reimbursed by the receiving agency for the salary and expenses of the employee. (Sec. 722) Requires USDA to: (1) notify Congress at least three full business days in advance of making certain grant allocations or contract awards that are at least $1 million, and (2) submit quarterly reports to Congress detailing grant allocations or discretionary grant awards that are less than $1 million. (Sec. 723) Directs the agencies funded by this bill to submit spending plans to Congress. (Sec. 724) Provides that funds for title II of the Food for Peace Act may only be used to assist nations if adequate monitoring and controls exist 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. 725) Requires USDA to establish an intermediary loan packaging program based on the FY2013 pilot program for packaging and reviewing section 502 single family direct loans. (The loan program assists low-income applicants in purchasing homes in rural areas. Funds may also be used to build, repair, or renovate a house, including providing water and sewage facilities.) (Sec. 726) Permits USDA to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority and have program levels established by this bill. Requires congressional notification prior to implementing any increase. (Sec. 727) Provides that certain credit card refunds or rebates transferred to the Working Capital Fund: (1) shall not be available for obligation without congressional approval; and (2) shall only be available for the acquisition of plant and capital equipment for USDA financial, administrative, and information technology services. (Sec. 728) Prohibits funds provided by this bill from being used to procure raw or processed poultry products from China for the National School Lunch Program, the Child and Adult Food Care Program, the Summer Food Service Program, or the School Breakfast Program. (Sec. 729) Permits USDA to respond to a community with inadequate drinking water supplies due to a natural disaster by providing potable water through the Emergency Community Water Assistance Grant Program for up to 120 days beyond the time period established in the program. (Sec. 730) Specifies the matching requirements that apply to funds appropriated for the Agriculture and Food Research Initiative. (Sec. 731) Prohibits the Food and Nutrition Service from using funds provided by this bill for any new research and evaluation projects until after a research and evaluation plan is submitted to Congress. (Sec. 732) Sets forth the authorities that apply for USDA to provide loans for housing and buildings on adequate farms. (Sec. 733) Prohibits funds provided by this bill from being used for regulations to allow or require information intended for a prescribing health care professional, in the case of a drug or biological product, to be distributed electronically (in lieu of in paper form) until a federal law is enacted to allow or require electronic distribution. (Sec. 734) Prohibits the FDA from acknowledging applications for an exemption for investigational use of a drug or biological product in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Provides that any submission is deemed not to have been received, and the exemption may not go into effect. (Sec. 735) Prohibits funds from being used to carry out provisions of the final FDA rule titled "Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals" with respect to certain requirements that apply to the production, distribution, sale, or receipt of dried spent grain by-products of the alcoholic beverage production process. (Sec. 736) Requires the Animal and Plant Health Inspection Service (APHIS) to conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable: veterinary control and oversight, disease history and vaccination practices, livestock demographics and traceability, epidemiological separation from potential sources of infection, surveillance practices, diagnostic laboratory capabilities, and emergency preparedness and response. Requires APHIS to make reports regarding the audits publicly available. (Sec. 737) Prohibits funds provided by this bill from being used to issue or renew licenses under the Animal Welfare Act for certain dealers who sell dogs and cats for research, experiments, teaching, or testing. (Sec. 738) Prohibits the FDA from deeming partially hydrogenated oils to be unsafe or any food containing a partially hydrogenated oil to be adulterated prior to June 18, 2018. (Sec. 739) Permits USDA to charge a fee for lenders to access USDA loan guarantee systems in connection with participation in the loan guarantee programs of the Rural Housing Service. (Sec. 740) Prohibits funds provided by this bill from being used for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities. (Sec. 741) Rescinds specified unobligated balances from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 742) Prohibits funds provided for the rural water, waste water, waste disposal, and solid waste management programs authorized by the Consolidated Farm and Rural Development Act from being used 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. Specifies exceptions and waiver procedures. (Sec. 743) Requires USDA to permit states to grant exemptions from whole grain requirements for the National School Lunch Program and the School Breakfast Program that took effect on or after July 1, 2014. Requires states to establish a process for responding to exemption requests, provided that school food authorities demonstrate hardship in procuring whole grain products compliant with new standards and comply with whole grain standards in effect prior to July 1, 2014. Prohibits funds from being used to implement regulations requiring a specified reduction in sodium in federally reimbursed meals, foods, and snacks sold in schools. Requires USDA to allow states to grant special exemptions for the service of flavored, low-fat fluid milk in the School Lunch Program and the School Breakfast Program and as a competitive food available on campus during the school day, to schools which demonstrate a reduction in student milk consumption or an increase in school milk waste. (Sec. 744) Requires at least 10% of the funds provided by this bill for specified Rural Development programs to be allocated for assistance in persistent poverty counties. Defines a "persistent poverty county" as county that has had at least 20% of its population living in poverty over the past 30 years, as measured by the decennial censuses. (Sec. 745) Prohibits USDA from including incarcerated prison populations to determine eligibility or the level of program assistance for Rural Development programs. (Sec. 746) Prohibits funds provided by this bill from being used to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate with Congress as permitted under current law. (Sec. 747) Prohibits funds provided by this bill from be used for the variety requirements of the final USDA rule titled "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)" until USDA amends the definition of "variety" 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. Specifies that, until the amendments are promulgated, USDA must apply the requirements regarding acceptable varieties and breadth of stock to SNAP retailers that were in effect on the day before the enactment of the Agricultural Act of 2014. (Sec. 748) Prohibits the FDA from using funds provided by this bill to develop, issue, promote, or advance any regulations applicable to food manufacturers for population-wide sodium reduction actions or to develop, issue, promote or advance final guidance applicable to food manufacturers for long term population-wide sodium reduction actions until the dietary reference intake report with respect to sodium is completed. (Sec. 749) Permits USDA to receive access to certain information from federal tax returns to verify the income for individuals participating in loan programs under the Housing Act of 1949. (Sec. 750) Rescinds specified unobligated balances of funds provided to carry out the Rural Energy Savings Program. (Sec. 751) Prohibits funds from being used to lower the de minimis quantity of swap dealing established under the Commodity Exchange Act below $8 billion. (Sec. 752) Prohibits the FDA from using funds provided by this bill to implement, administer, or enforce, the final "deeming rule" for tobacco products with respect to traditional large and premium cigars. (The rule deems e-cigarettes, cigars, pipe tobacco, hookah tobacco, and other products, to meet the statutory definition of "tobacco product" and to, therefore, be subject to FDA's regulatory authority. Manufacturers of newly deemed tobacco products that are currently being marketed in the United States must file an application for premarket review with FDA.) (Sec. 753) Prohibits the FDA from using funds to require manufacturers of e-cigarettes and other newly deemed tobacco products on the market prior to the effective date of the deeming rule from filing an application for premarket review with the FDA. Requires the FDA to issue specified regulations regarding vapor products, including characterizing flavors and batteries. Specifies requirements for advertising, selling, and labeling of vapor products. (Sec. 754) Prohibits USDA from using funds to finalize the proposed rule titled "Eligibility of the People's Republic of China (PRC) to Export to the United States Poultry Products from Birds Slaughtered in the PRC" unless USDA meets specified requirements, including ensuring that the poultry slaughter inspection system for the PRC is equivalent to that of the United States. (Sec. 755) Prohibits USDA from using funds, or providing funds to the Department of Defense (DOD), to purchase, produce, or defray the costs of the purchase or production of, or develop, facilitate, expedite, or expand production of, an alternative fuel for DOD. (Sec. 756) Prohibits funds provided by this bill from being used for further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy. (Sec. 757) Provides specified funds to the FDA to carry out provisions of the 21st Century Cures Act regarding FDA Innovation Projects. (Sec. 758) Provides additional funds to APHIS to remain available through FY2019 for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening. (Sec. 759) Provides additional funds to USDA for loans and grants that are consistent with the Healthy Food Financing Initiative and that support projects to provide access to healthy food in underserved areas, create and preserve quality jobs, and revitalize low-income communities. (Sec. 760) Enacts section 202 (consideration by the Commodity Futures Trading Commission of the costs and benefits of its regulations and orders) and section 320 (treatment of transactions between affiliates) of H.R. 238 (Commodity End-User Relief Act), as passed by the House of Representatives on January 12, 2017, with a specified technical correction. (Sec. 761) Establishes a spending reduction account for the amount by which spending proposed in this bill exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)