tees by not more than 25 percent: Provided, That prior 
to the Secretary implementing such an increase, the Sec-
retary notifies, in writing, the Committees on Appropria-
tions of both Houses of Congress at least 15 days in ad-
vance. 
SEC. 727. None of the credit card refunds or rebates 
transferred to the Working Capital Fund pursuant to sec-
tion 729 of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropria-
tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) 
shall be available for obligation without written notifica-
tion to, and the prior approval of, the Committees on Ap-
propriations of both Houses of Congress: Provided, That 
the refunds or rebates so transferred shall be available for 
obligation only for the acquisition of plant and capital 
equipment necessary for the delivery of financial, adminis-
trative, and information technology services of primary 
benefit to the agencies of the Department of Agriculture. 
SEC. 728. None of the funds made available by this 
Act may be used to procure raw or processed poultry prod-
ucts imported into the United States from the People’s 
Republic of China for use in the school lunch program 
under the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.), the Child and Adult Care Food 
Program under section 17 of such Act (42 U.S.C. 1766), 
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the Summer Food Service Program for Children under 
section 13 of such Act (42 U.S.C. 1761), or the school 
breakfast program under the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq.). 
SEC. 729. In response to an eligible community where 
the drinking water supplies are inadequate due to a nat-
ural disaster, as determined by the Secretary, including 
drought or severe weather, the Secretary may provide po-
table water through the Emergency Community Water As-
sistance Grant Program for an additional period of time 
not to exceed 120 days beyond the established period pro-
vided under the Program in order to protect public health. 
SEC. 730. Funds provided by this or any prior Appro-
priations Act for the Agriculture and Food Research Ini-
tiative under 7 U.S.C. 450i(b) shall be made available 
without regard to section 7128 of the Agricultural Act of 
2014 (7 U.S.C. 3371 note), under the matching require-
ments in laws in effect on the date before the date of en-
actment of such section: Provided, That the requirements 
of 7 U.S.C. 450i(b)(9) shall continue to apply. 
SEC. 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 
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Houses of Congress a research and evaluation plan for fis-
cal year 2018, prepared in coordination with the Research, 
Education, and Economics mission area of the Depart-
ment 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. 
SEC. 732. In carrying out subsection (h) of section 
502 of the Housing Act of 1949 (42 U.S.C. 1472), the 
Secretary of Agriculture shall have the same authority 
with respect to loans guaranteed under such section and 
eligible lenders for such loans as the Secretary has under 
subsections (h) and (j) of section 538 of such Act (42 
U.S.C. 1490p–2) with respect to loans guaranteed under 
such section 538 and eligible lenders for such loans. 
SEC. 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 prod-
uct subject to section 503(b)(1) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be dis-
tributed to such professional electronically (in lieu of in 
paper form) unless and until a Federal law is enacted to 
allow or require such distribution. 
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SEC. 734. None of the funds made available by this 
Act may be used to notify a sponsor or otherwise acknowl-
edge receipt of a submission for an exemption for inves-
tigational use of a drug or biological product under section 
505(i) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(i)) or section 351(a)(3) of the Public Health 
Service Act (42 U.S.C. 262(a)(3)) in research in which 
a human embryo is intentionally created or modified to 
include a heritable genetic modification. Any such submis-
sion shall be deemed to have not been received by the Sec-
retary, and the exemption may not go into effect. 
SEC. 735. None of the funds made available by this 
or any other Act may be used to carry out the final rule 
promulgated by the Food and Drug Administration and 
put into effect November 16, 2015, in regards to the haz-
ard analysis and risk-based preventive control require-
ments 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 produc-
tion, distribution, sale, or receipt of dried spent grain by-
products of the alcoholic beverage production process. 
SEC. 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— 
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(A) veterinary control and oversight; 
(B) disease history and vaccination prac-
tices; 
(C) 
livestock 
demographics 
and 
traceability; 
(D) epidemiological separation from poten-
tial 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 con-
sistent with United States obligations under its inter-
national trade agreements. 
SEC. 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), or the re-
newal of such licenses, to class B dealers who sell dogs 
and cats for use in research, experiments, teaching, or 
testing. 
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SEC. 738. No partially hydrogenated oils as defined 
in the order published by the Food and Drug Administra-
tion 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)) and no food that is intro-
duced or delivered for introduction into interstate com-
merce that bears or contains a partially hydrogenated oil 
shall be deemed adulterated under sections 402(a)(1) or 
402(a)(2)(C)(i) of this Act by virtue of bearing or con-
taining a partially hydrogenated oil until the compliance 
date as specified in such order (June 18, 2018). 
SEC. 739. The Secretary may charge a fee for lenders 
to access Department loan guarantee systems in connec-
tion with such lenders’ participation in loan guarantee 
programs of the Rural Housing Service: Provided, That 
the funds collected from such fees shall be made available 
to the Secretary without further appropriation and such 
funds shall be deposited into the Rural Development Sala-
ries and Expense Account and shall remain available until 
expended for obligation and expenditure by the Secretary 
for administrative expenses of the Rural Housing Service 
Loan Guarantee Program in addition to other available 
funds: Provided further, That such fees collected shall not 
exceed $50 per loan. 
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SEC. 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 crimi-
nal investigations, prosecution, or adjudication activities. 
SEC. 741. Of the unobligated balances from amounts 
made available for the special supplemental nutrition pro-
gram as authorized by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $600,000,000 are re-
scinded. 
SEC. 742. (a)(1) No Federal funds made available for 
this fiscal year for the rural water, waste water, waste dis-
posal, and solid waste management programs authorized 
by sections 306, 306A, 306C, 306D, 306E, and 310B of 
the Consolidated Farm and Rural Development Act (7 
U.S.C. 1926 et seq.) shall be used for a project for the 
construction, alteration, maintenance, or repair of a public 
water or wastewater system unless all of the iron and steel 
products used in the project are produced in the United 
States. 
(2) In this section, the term ‘‘iron and steel products’’ 
means the following products made primarily of iron or 
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steel: lined or unlined pipes and fittings, manhole covers 
and other municipal castings, hydrants, tanks, flanges, 
pipe clamps and restraints, valves, structural steel, rein-
forced precast concrete, and construction materials. 
(b) Subsection (a) shall not apply in any case or cat-
egory of cases in which the Secretary of Agriculture (in 
this section referred to as the ‘‘Secretary’’) or the designee 
of the Secretary finds that— 
(1) applying subsection (a) would be incon-
sistent with the public interest; 
(2) iron and steel products are not produced in 
the United States in sufficient and reasonably avail-
able quantities or of a satisfactory quality; or 
(3) inclusion of iron and steel products pro-
duced 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 des-
ignee 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 re-
quest and accompanying information available by elec-
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tronic means, including on the official public Internet Web 
site of the Department. 
(d) This section shall be applied in a manner con-
sistent 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 Ac-
count’’ for carrying out the provisions described in sub-
section (a)(1) for management and oversight of the re-
quirements of this section. 
(f) Subsection (a) shall not apply with respect to a 
project for which the engineering plans and specifications 
include use of iron and steel products otherwise prohibited 
by such subsection if the plans and specifications have re-
ceived required approvals from State agencies prior to the 
date of enactment of this Act. 
(g) For purposes of this section, the terms ‘‘United 
States’’ and ‘‘State’’ shall include each of the several 
States, the District of Columbia, and each federally recog-
nized Indian tribe. 
SEC. 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 
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U.S.C. 1751 et seq.) or the school breakfast program es-
tablished under the Child Nutrition Act of 1966 (42 
U.S.C. 1771 et seq.) and final regulations published by 
the Department of Agriculture in the Federal Register on 
January 26, 2012 (77 Fed. Reg. 4088 et seq.), the Sec-
retary of Agriculture shall allow States to grant an exemp-
tion from the whole grain requirements that took effect 
on or after July 1, 2014, and the States shall establish 
a process for evaluating and responding, in a reasonable 
amount of time, to requests for an exemption: Provided, 
That school food authorities demonstrate hardship, includ-
ing financial hardship, in procuring specific whole grain 
products which are acceptable to the students and compli-
ant with the whole grain-rich requirements: Provided fur-
ther, That school food authorities shall comply with the 
applicable grain component or standard with respect to 
the school lunch or school breakfast program that was in 
effect prior to July 1, 2014. 
(b) For the period beginning on the date of enact-
ment 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 et seq.), the Child Nutrition Act of 1966 
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(42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids 
Act of 2010 (Public Law 111–296), or any other law that 
would require a reduction in the quantity of sodium con-
tained in federally reimbursed meals, foods, and snacks 
sold in schools below Target 1 (as described in section 
220.8(f)(3) of title 7, Code of Federal Regulations (or suc-
cessor regulations)). 
(c) For the period beginning on the date of enactment 
of this Act through school year 2018–2019, notwith-
standing 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 et seq.) and the school break-
fast program established under the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.), and as a competitive 
food available on campus during the school day, to schools 
which demonstrate a reduction in student milk consump-
tion or an increase in school milk waste. 
SEC. 744. Of the total amounts made available by 
this Act for direct loans and grants in the following head-
ings: ‘‘Rural Housing Service—Rural Housing Insurance 
Fund Program Account’’; ‘‘Rural Housing Service—Mu-
tual and Self-Help Housing Grants’’; ‘‘Rural Economic 
Infrastructure Grants’’; ‘‘Rural Housing Service—Rural 
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Community Facilities Program Account’’; ‘‘Rural Busi-
ness-Cooperative Service—Rural Business Program Ac-
count’’; ‘‘Rural Business-Cooperative Service—Rural Eco-
nomic Development Loans Program Account’’; ‘‘Rural 
Business-Cooperative Service—Rural Cooperative Devel-
opment Grants’’; ‘‘Rural Utilities Service—Rural Water 
and Waste Disposal Program Account’’; and ‘‘Rural Utili-
ties Service—Rural Electrification and Telecommuni-
cations Loans Program Account’’, at least 10 percent of 
the funds shall be allocated for assistance in persistent 
poverty counties under this section, including, notwith-
standing any other provision regarding population limits, 
any county seat of such a persistent poverty county that 
has a population that does not exceed the authorized popu-
lation limit by more than 10 percent: Provided, That for 
purposes of this section, the term ‘‘persistent poverty 
counties’’ means any county that has had 20 percent or 
more of its population living in poverty over the past 30 
years, as measured by the 1980, 1990, and 2000 decennial 
censuses, and 2007–2011 American Community Survey 5- 
year average: Provided further, That with respect to spe-
cific activities for which program levels have been made 
available by this Act that are not supported by budget au-
thority, the requirements of this section shall be applied 
to such program level. 
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SEC. 745. For the purposes of determining eligibility 
or level of program assistance for Rural Development pro-
grams the Secretary shall not include incarcerated prison 
populations. 
SEC. 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 commu-
nicate to Members of Congress as described in 18 U.S.C. 
1913. 
SEC. 747. None of the funds made available by this 
Act may be used to implement, administer, or enforce the 
‘‘variety’’ requirements of the final rule entitled ‘‘Enhanc-
ing Retailer Standards in the Supplemental Nutrition As-
sistance Program (SNAP)’’ published by the Department 
of Agriculture in the Federal Register on December 15, 
2016 (81 Fed. Reg. 90675) until the Secretary of Agri-
culture amends the definition of the term ‘‘variety’’ as de-
fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Fed-
eral Regulations, and ‘‘variety’’ as applied in the definition 
of the term ‘‘staple food’’ as defined in section 271.2 of 
title 7, Code of Federal Regulations, to increase the num-
ber 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 
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items in each staple food category included in the final 
rule as published on December 15, 2016: Provided, That 
until the Secretary promulgates such regulatory amend-
ments, the Secretary shall apply the requirements regard-
ing acceptable varieties and breadth of stock to Supple-
mental Nutrition Assistance Program retailers that were 
in effect on the day before the date of the enactment of 
the Agricultural Act of 2014 (Public Law 113–79). 
SEC. 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 ap-
plicable 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 re-
spect to sodium is completed. 
SEC. 749. The Secretary of Agriculture and the Sec-
retary’s designees are hereby granted the same access to 
information and subject to the same requirements applica-
ble to the Secretary of Housing and Urban Development 
as provided in section 453 of the Social Security Act (42 
U.S.C. 653) and section 6103(1)(7)(D)(ix) of the Internal 
Revenue Code of 1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to 
verify the income for individuals participating in sections 
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502, 504, 521, and 524 of the Housing Act of 1949 (42 
U.S.C. 1972, 1474, 1490a, and 1490r), notwithstanding 
section 453(l)(1) of the Social Security Act. 
SEC. 750. Of the unobligated balances from amounts 
made available to carry out section 6407 of the Farm Se-
curity and Rural Investment Act of 2002 (7 U.S.C. 
8107a), $8,000,000 are rescinded. 
SEC. 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 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. 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 en-
force the final rule with the regulation identifier number 
0910-AG38 published by the Food and Drug Administra-
tion 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 ‘‘tradi-
tional large and premium cigar’’ means— 
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(1) any roll of tobacco that is wrapped in 100 
percent leaf tobacco, is bunched with 100 percent to-
bacco 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 ma-
chine that bunches, wraps, and caps each indi-
vidual 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 wrap-
per 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), re-
spectively, of section 900 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 387)). 
SEC. 753. (a) None of the funds appropriated or oth-
erwise 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 
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100 
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 February 15, 2007, 
as other than a reference to the effective date of the regu-
lation under which the tobacco product is deemed to be 
subject to the requirements 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 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) to include but not limited to— 
(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 
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101 
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 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 
(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 per-
mitted to enter. 
(3) A violation of this section is deemed to constitute 
a violation of the Federal Food, Drug, and Cosmetic Act 
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102 
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 
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— 
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103 
(A) any State law relating to tobacco products; or 
(B) section 905 of the Federal Food, Drug, and Cos-
metic 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 any news-
paper, magazine, periodical, or other 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 evi-
dence; and 
(B) that is read by fewer than 2 million persons 
younger than 18 years of age as measured by com-
petent and reliable survey evidence. 
(2) The terms ‘‘label’’ and ‘‘labeling’’ have the mean-
ings 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 meaning 
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 
VerDate Sep 11 2014 
03:29 Jul 18, 2017
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