congressional action on any legislation or appropriation 
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in 18 U.S.C. 
1913. 
SEC. 755. The provisions of subtitles A, D, and L 
of title II of H.R. 6, One Hundred Fourteenth Congress 
(the ‘‘21st Century Cures Act’’), as passed by the House 
of Representatives on July 10, 2015, are hereby enacted 
into law. 
SEC. 756. Consistent with section 1112(b) of the 
Food and Drug Administration Safety and Innovation Act 
(Public 
Law 
112–144; 
commonly 
referred 
to 
as 
‘‘FDASIA’’), the Secretary of Health and Human Serv-
ices, acting through the Commissioner of Food and Drugs, 
shall issue final regulations revising the Federal drug reg-
ulations (as defined in section 1112(c) of such Act (21 
U.S.C. 360dd note)) with respect to medical gases not 
later than July 9, 2016. If the Secretary fails to issue 
final regulations with respect to medical gases by such 
date, the Secretary shall incorporate by reference vol-
untary consensus safety and labeling standards developed 
by an American National Standards Institute-accredited 
standard development organization until such time as the 
Secretary issues final regulations revising the Federal 
drug regulations with respect to medical gases. 
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SEC. 757. For an additional amount for ‘‘Animal and 
Plant Health Inspection Service—Salaries and Expenses’’, 
$5,500,000, to remain available until September 30, 2018, 
for one-time control and management and associated ac-
tivities directly related to the multiple-agency response to 
citrus greening. 
SEC. 758. The following unobligated balances identi-
fied by the following Treasury Appropriation Fund Sym-
bols are hereby rescinded: 12X1951, $620,161.89; 
12X1953, 
$2,302,342.75; 
12X1902, 
$352,323.31; 
12X1900, $16,452.44; and 12X1232, $529,310.95: Pro-
vided, That no amounts may be rescinded from amounts 
that were designated by the Congress as an emergency or 
disaster relief requirement pursuant to a concurrent reso-
lution on the budget or the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
SEC. 759. The unobligated balances resulting from 
offsetting collections identified by Treasury Appropriation 
Fund Symbols 12X1951, 12X2002, 12X2006, 12X1902, 
12X1900, 12X1232, and 12X1980, respectively, are here-
by rescinded: Provided, that no amounts may be rescinded 
from amounts that were designated by the Congress as 
an emergency or disaster relief requirement pursuant to 
a concurrent resolution on the budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
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SEC. 760. None of the funds made available by this 
Act may be used to write, prepare, propose, or publish 
a proposed rule, a final rule, or an interim final rule in 
furtherance of, or otherwise to implement any regulations 
or other regulatory requirements or policies with respect 
to the importation into the United States of lemons from 
Argentina unless and until— 
(1) the Secretary of Agriculture submits to the 
Committee on Agriculture and the Committee on 
Appropriations of the House of Representatives and 
the Committee on Agriculture, Nutrition, and For-
estry and the Committee on Appropriations of the 
Senate a certification that the Secretary— 
(A) has completed site visits of production 
areas of lemons in Argentina; and 
(B) has conducted pest and disease risk 
assessments with respect to such lemons; and 
(2) the Administrator of the Office of Informa-
tion and Regulatory Affairs of the Office of Manage-
ment and Budget submits to such Committees a cer-
tification that the Administrator has completed the 
assessments specified in section 6(a)(3)(C) of Execu-
tive Order 12866. 
SEC. 761. (a) None of the funds appropriated or oth-
erwise made available by this Act or any other Act with 
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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)) deems to 
be subject to chapter IX of such Act, be used to treat— 
(1) any reference in sections 905(j) or 910(a) 
of such Act (21 U.S.C. 387e(j), 387j(a)) to Feb-
ruary 15, 2007, as other than a reference to the ef-
fective date of the regulation under which the to-
bacco product is deemed to be subject to the require-
ments of such chapter pursuant to section 901(b) of 
such Act (21 U.S.C. 387a(b)); and 
(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 12 months after the date on which vapor 
products are deemed to be subject to the Federal Food, 
Drug, and Cosmetic Act pursuant to section 901(b) of 
that Act (21 U.S.C. 387a), the Secretary of Health and 
Human Services shall issue a notice of proposed rule-
making to establish a product standard for vapor product 
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100 
batteries pursuant to section 907 of that Act (21 U.S.C. 
387g). 
(2) Notwithstanding any other provision of law, not 
later than 24 months after the date on which vapor prod-
ucts are deemed to be subject to the Federal Food, Drug, 
and Cosmetic Act pursuant to section 901(b) of that Act 
(21 U.S.C. 387a), the Secretary of Health and Human 
Services shall promulgate a final tobacco product standard 
for vapor product batteries pursuant to section 907 of that 
Act (21 U.S.C. 387g). 
(c) A vapor product shall be deemed to be misbranded 
under section 903(a) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 387c(a)) if the advertising with re-
spect to the vapor product is disseminated by a manufac-
turer, distributor, or retailer of the product in a news-
paper, magazine, periodical, or other publication (includ-
ing any publication of periodic or limited distribution) 
other than an adult publication. 
(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 ma-
chine). 
(2) This subsection shall not apply with respect to 
sales of vapor products conducted through— 
(A) mail-order; or 
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101 
(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 would be present or be 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 en-
actment 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 Chil-
dren’’; 
(B) the phrase ‘‘Underage Sale Prohibited’’; 
and 
(C) an accurate statement of the nicotine con-
tent of the vapor product. 
(2) A vapor product whose label is in violation of the 
regulations required by paragraph (1) is deemed to be mis-
branded 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 estab-
lishment in any State engaged in the retail sale of a vapor 
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102 
product shall register that establishment with the Sec-
retary 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 reg-
istration 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’’ means a 
newspaper, magazine, periodical, or other publica-
tion— 
(A) whose readers younger than 18 years 
of age constitute 15 percent or less of the total 
readership as measured by competent and reli-
able survey evidence; and 
(B) that is read by fewer than 2 million 
persons younger than 18 years of age as meas-
ured by competent and reliable survey evidence. 
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103 
(2) The terms ‘‘label’’ and ‘‘labeling’’ have the 
meanings given to such terms in section 201 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321). 
(3) The term ‘‘tobacco product’’ has the mean-
ing given to such term in section 201 of the Federal 
Food, Drug, and Cosmetic Act (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 solu-
tion or other form; 
(B) includes any electronic cigarette, elec-
tronic cigar, electronic cigarillo, electronic pipe, 
or similar product or device, and any vapor car-
tridge or other container of nicotine in a solu-
tion or other form; and 
(C) does not include any product regulated 
as a drug or device by the Food and Drug Ad-
ministration under chapter V of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 21 
U.S.C. 351 et seq.). 
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104 
SEC. 762. None of the funds made available in this 
Act may be used to pay the salary or expenses of per-
sonnel— 
(1) to inspect horses under section 3 of the 
Federal Meat Inspection Act (21 U.S.C. 603); 
(2) to inspect horses under section 903 of the 
Federal Agriculture Improvement and Reform Act of 
1996 (7 U.S.C. 1901 note; Public Law 104–127); or 
(3) to implement or enforce section 352.19 of 
title 9, Code of Federal Regulations (or a successor 
regulation). 
SEC. 763. None of the funds provided by this Act 
shall be used to write, prepare, or publish an interim final 
rule, or final rule, that would alter the definition of ‘‘staple 
food’’ or ‘‘retail food store’’ as defined in section 271.2 
of title 7 of the Code of Federal Regulations (January 1, 
2016), or the approval of retail food stores and wholesale 
food concerns in accordance with section 278.1 of title 7 
of the Code of Federal Regulations (January 1, 2016), 
except to change the variety of foods required, or the num-
ber of perishable items, to comply with section 3 of the 
Food and Nutrition Act of 2008 as amended by sections 
4002(a) and 4030(a)(4) of the Agricultural Act of 2014 
(Public Law 113–79). 
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105 
SEC. 764. 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 guidelines or 
regulations applicable to food manufacturers for popu-
lation-wide sodium reduction actions until the Centers for 
Disease Control and Prevention or the National Academy 
of Medicine completes a dietary reference intake report 
with respect to sodium. 
SEC. 765. 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 per-
sonnel to lower the de minimis quantity of swap dealing 
established under section 1a(49)(D) of the Commodity Ex-
change 
Act 
(7 
U.S.C. 
1a(49)(D)) 
to 
less 
than 
$8,000,000,000. 
SEC. 766. For necessary expenses of the Secretary 
of Agriculture to support projects that provide access to 
healthy food in underserved areas, to create and preserve 
quality jobs, and to revitalize low-income communities, 
$1,000,000, for the cost of loans and grants under the 
Healthy Food Financing Initiative consistent with section 
243 of the Department of Agriculture Reorganization Act 
of 1994 (7 U.S.C. 6953), as added by section 4206 of 
the Agricultural Act of 2014. 
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106 
SEC. 767. None of the funds made available by this 
or any other Act may be used to write, prepare, propose, 
or publish a final rule or an interim final rule in further-
ance of, or otherwise to implement any regulations or 
other regulatory requirements or policies that are identical 
or similar in nature or application to the proposed rule 
entitled ‘‘Implementation of Regulations Required Under 
Title XI, of the Food, Conservation and Energy Act of 
2008; Conduct in Violation of the Act’’ published by the 
Department of Agriculture in the Federal Register on 
June 22, 2010 (75 Fed. Reg. 35338 et seq.) unless the 
combined annual cost to the economy of such rules does 
not exceed $100,000,000: Provided, That none of the 
funds made available by this or any other Act may be used 
to propose or publish a final or interim final rule in fur-
therance of, or otherwise to implement any regulations or 
other regulatory requirements or policies that are identical 
or similar in nature or application to section 201.2(l), 
201.2(t), 201.2(u), 201.3(c), 201.210, 201.211, 201.213, 
or 201.214, as proposed to be added to title 9 of the Code 
of Federal Regulations by such proposed rule. 
TITLE VIII 
SEC. 801. Unobligated balances of amounts appro-
priated under title VI of the Departments of Labor, 
Health and Human Services, Education and Related 
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107 
Agencies Appropriations Act, 2015 (division G of Public 
Law 113–235) and title IX of the Department of State, 
Foreign Operations, and Related Programs Appropria-
tions Act, 2015 (division J of Public Law 113–235) shall 
also be available for necessary expenses to prevent, pre-
pare for, and respond to Zika virus, domestically and 
internationally: Provided, That such amounts are des-
ignated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
et and Emergency Deficit Control Act of 1985, except that 
such amounts shall be available only if the President sub-
sequently so designates such amounts and transmits such 
designation to the Congress. 
SPENDING REDUCTION ACCOUNT 
SEC. 802. The amount by which the applicable alloca-
tion of new budget authority made by the Committee on 
Appropriations of the House of Representatives under sec-
tion 302(b) of the Congressional Budget Act of 1974 ex-
ceeds the amount of proposed new budget authority is $0. 
This Act may be cited as the ‘‘Agriculture, Rural De-
velopment, Food and Drug Administration, and Related 
Agencies Appropriations Act, 2017’’. 
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Union Calendar No. 410 
114TH CONGRESS 
2D SESSION 
H. R. 5054 
[Report No. 114–531] 
A BILL 
Making appropriations for Agriculture, Rural De-
velopment, Food and Drug Administration, and 
Related Agencies programs for the fiscal year 
ending September 30, 2017, and for other pur-
poses. 
APRIL 26, 2016 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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