[House Report 112-542] [From the U.S. Government Publishing Office] 112th Congress Report HOUSE OF REPRESENTATIVES 2d Session 112-542 ====================================================================== AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS BILL, 2013 _______ June 20, 2012.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Kingston, from the Committee on Appropriations, submitted the following R E P O R T together with ADDITIONAL VIEWS [To accompany H.R. 5973] The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for fiscal year 2013. CONTENTS Page Title I--Agricultural Programs................................... 4 Office of the Secretary...................................... 4 Executive Operations......................................... 6 Office of Civil Rights....................................... 8 Agriculture Buildings and Facilities and Rental Payments..... 8 Office of Inspector General.................................. 9 Office of the Under Secretary for Research, Education, and Economics.................................................. 9 Economic Research Service.................................... 9 National Agricultural Statistics Service..................... 10 Agricultural Research Service................................ 10 National Institute of Food and Agriculture................... 12 Office of the Under Secretary for Marketing and Regulatory Programs................................................... 16 Animal and Plant Health Inspection Service................... 16 Agricultural Marketing Service............................... 20 Grain Inspection, Packers, and Stockyards Administration..... 22 Office of the Under Secretary for Food Safety................ 22 Food Safety and Inspection Service........................... 23 Office of the Under Secretary for Farm and Foreign Agricultural Services...................................... 23 Farm Service Agency.......................................... 24 Risk Management Agency....................................... 26 Corporations................................................. 26 Title II--Conservation Programs.................................. 27 Office of the Under Secretary for Natural Resources and Environment................................................ 27 Natural Resources Conservation Service....................... 28 Title III--Rural Development Programs............................ 29 Office of the Under Secretary for Rural Development.......... 29 Rural Housing Service........................................ 29 Rural Business--Cooperative Service.......................... 32 Rural Utilities Service...................................... 34 Title IV--Domestic Food Programs................................. 36 Office of the Under Secretary for Food, Nutrition, and Consumer Services.......................................... 36 Food and Nutrition Service................................... 37 Women, Infants, and Children................................. 39 Supplemental Nutrition Assistance Program.................... 40 Commodity Assistance Program................................. 42 Nutrition Programs Administration............................ 42 Title V--Foreign Assistance and Related Programs................. 42 Foreign Agricultural Service................................. 42 Food for Peace............................................... 43 McGovern-Dole International Food for Education............... 44 Title VI--Related Agencies and Food and Drug Administration...... 44 Food and Drug Administration................................. 44 Commodity Futures Trading Commission......................... 48 Farm Credit Administration................................... 49 Title VII--General Provisions.................................... 50 General Provisions........................................... 50 OVERVIEW The discretionary spending in this bill totals $19,405,000,000, which is a decrease of $365,294,000 below the fiscal year 2012 enacted level and a decrease of $1,744,945,000 below the President's budget request. Overall, the bill results in a nearly two percent reduction in discretionary spending from fiscal year 2012. The funding levels provided in this appropriations bill continue to demonstrate how seriously this Committee takes the responsibility to walk back discretionary spending. The Committee's actions to reduce spending on the many agencies, programs, and activities funded in this bill will help address the Nation's debt, deficit, and economic challenges. However, the bill provides sufficient funding for the agencies funded in the bill to focus on their core missions. The U.S. Department of Agriculture (USDA), the Food and Drug Administration (FDA), the Commodity Futures Trading Commission (CFTC), and the Farm Credit Administration (FCA) will be able to continue their critical missions of ensuring food and drug safety, supporting American agriculture and rural communities across the Nation, keeping our farms and ranches productive through agricultural research, helping the most needy through our domestic feeding programs, working with private land owners to implement conservation practices, and maintaining the international food programs that have shown results. The Committee places a high priority on ensuring taxpayer funds are wisely spent and effectively managed and includes a number of provisions in the bill and report to strengthen the management of certain programs and activities. In part, these provisions address issues raised in the USDA fiscal year 2011 Annual Performance and Accountability Report regarding improper payments. In fiscal year 2011, USDA estimated improper payments to be $5.4 billion, which was more than the $5.0 billion estimated for fiscal year 2010. This estimate only represents improper payments and does not include amounts lost through fraud, waste, or abuse. The Committee's focus on these issues will raise the taxpayers' confidence in the management of the programs and activities funded in the bill. Oversight and Hearings Consistent with the Committee on Appropriations Oversight Plan, as approved and transmitted to the Committee on Oversight and Government Reform and the Committee on House Administration on February 8, 2011, the Subcommittee continued the process that began with fiscal year 2012 and kept the Committee's strong commitment to comprehensive oversight of Federal discretionary spending under the Subcommittee's jurisdiction. In order to thoroughly review the President's budget request for fiscal year 2013 and examine how funds appropriated in previous fiscal years had been spent and managed, the Subcommittee held 11 hearings for the mission areas, agencies, and programs of USDA, FDA, and CFTC. The hearings included: Secretary of Agriculture--February 17, 2012 USDA Food, Nutrition, and Consumer Services--February 28, 2012 Food and Drug Administration--February 29, 2012 USDA Inspector General--February 29, 2012 USDA Rural Development--March 1, 2012 USDA Marketing and Regulatory Programs--March 6, 2012 USDA Natural Resources and Environment--March 7, 2012 USDA Food Safety--March 8, 2012 USDA Farm and Foreign Agricultural Services--March 20, 2012 USDA Research, Education, and Economics--March 21, 2012 Commodity Futures Trading Commission--March 22, 2012 Several significant topics were covered at the hearings. The Subcommittee discussed with the Secretary of Agriculture the administrative savings and efficiencies underway at the Department, concerns about the number of people enrolled in the Supplemental Nutrition Assistance Program (SNAP) and its costs, and the administration's proposals for the 2012 farm bill. The Subcommittee continued the discussion about SNAP and reviewed the costs and administrative structures of the Special Supplemental Program for Women, Infants, and Children (WIC). During the hearing with FDA, the Subcommittee considered the interplay between the reauthorization of Prescription Drug User Fee Act, the Medical Device User Fee Act, and others and the Subcommittee's fiscal year 2013 bill. The Subcommittee focused on rooting out fraud and abuse in SNAP, WIC, and farm programs during its hearing with USDA's Inspector General and discussed the agency's work regarding USDA's rural development programs. The Subcommittee continued this discussion at its hearing with the Rural Development mission area, delving into the issues related to rural housing, broadband, and electricity programs. It considered pest management and livestock programs and the positive effects of USDA's conservation programs on America's farms and ranches. The Subcommittee reviewed poultry and meat inspection issues, especially the Food Safety and Inspection Service's new poultry inspection rule and considered the agricultural trade outlook, crop insurance reform, and farm safety net proposals. With CFTC, it reviewed the agency's staffing needs and regulatory proposals and the CFTC's use of notional value to size the swaps market at $700 trillion in defense of a 50 percent increase in its budget request. The Bank for International Settlements and the Office of the Comptroller of the Currency indicate that gross value is a more accurate measure of risk and sizes the market at approximately $20 trillion. The Committee finds the $680 trillion difference misleading when rationalizing such an increase. The Subcommittee will continue to actively monitor the issues identified and discussed at the hearings, as well as others relevant to the management of USDA, FDA, CFTC, and FCA and will maintain its oversight efforts throughout the remainder of the 112th Congress to ensure taxpayer dollars are being used wisely and prudently on behalf of the American people. TITLE I AGRICULTURAL PROGRAMS Production, Processing, and Marketing Office of the Secretary (INCLUDING TRANSFERS OF FUNDS) 2012 appropriation.................................... $96,284,000 2013 budget estimate.................................. 111,092,000 Provided in the bill.................................. 89,632,000 Comparison: 2012 appropriation................................ -6,652,000 2013 budget estimate.............................. -21,460,000 For the Office of the Secretary, the Committee provides an appropriation of $89,632,000. The Committee recommendation merges the following accounts under the Office of the Secretary: Office of the Secretary; Office of Tribal Relations; National Appeals Division; Office of Homeland Security and Emergency Coordination; Office of Advocacy and Outreach; Office of the Assistant Secretary for Administration; Departmental Administration; Office of the Assistant Secretary for Congressional Relations; Office of Communications; Office of the General Counsel; and Office of Ethics. The merger of these accounts will provide the Department greater flexibility in managing these offices. The following table reflects the amount provided by the Committee for each office and activity: OFFICE OF THE SECRETARY [Dollars in Thousands] ------------------------------------------------------------------------ FY 2012 FY 2013 Committee enacted estimate provisions ------------------------------------------------------------------------ Office of the Secretary............... $2,959 $5,051 $2,959 Office of Tribal Relations............ 448 498 439 National Appeals Division............. 12,841 14,225 12,584 Office of Homeland Security and 1,321 1,496 1,295 Emergency Coordination............... Office of Advocacy and Outreach....... 1,209 1,422 1,185 Office of the Assistant Secretary for 764 804 749 Administration....................... Departmental Administration........... 20,760 26,227 17,118 Office of Ethics.................. (3,405) (3,420) (3,337) Office of the Assistant Secretary for 3,576 3,869 3,504 Congressional Relations.............. Office of Communications.............. 8,065 9,006 7,904 Office of the General Counsel......... 39,345 45,074 38,558 Office of Ethics...................... 3,405 3,420 3,337 --------------------------------- Total........................... 96,284 111,092 89,632 ------------------------------------------------------------------------ COMMITTEE PROVISIONS Spending Plans.--Legislative language is included that requires the Secretary to submit spending plans within 15 days from the enactment of this Act. The Committee notes that House Report 112-101, and affirmed in House Report 112-284, requested that spending plans be submitted within 30 days of enactment of the fiscal year 2012 Agriculture Appropriations Act. To date, USDA has yet to submit a single spending plan. Design-Build.--The Committee encourages the Department to use the design-build method of project delivery when appropriate. CCC Report.--The Committee directs the Secretary to provide a report on November 15, 2012, and May 15, 2013, on planned uses of funding under the authorities of Section 4 and Section 11 of the Commodity Credit Corporation Act. Notification.--Within 30 days from the enactment of this Act, the Secretary shall notify the House and Senate Committees on Appropriations on the allocation of the funds provided to the Assistant Secretary for Congressional Relations by USDA agency, along with an explanation for the agency-by-agency distribution of the funds. Explanatory Notes.--The Committee appreciates the detailed information provided in the Explanatory Notes and relies on this information when considering budget proposals. The Committee directs the Secretary, beginning with presentation of the fiscal year 2014 budget, to provide additional information on programs and activities measured against a baseline of actual spending in fiscal year 2008 and the previous three fiscal years. Any increase or decrease to the funding proposed for fiscal year 2014 should be compared to these years, using both a numeric table and an accompanying descriptive explanation. The Committee directs the Department to include an errata sheet in the Explanatory Notes of any proposed budget authority levels that do not conform to the budget appendix. The Committee directs the Department's attention to the specific changes required of the fiscal year 2014 budget for certain programs within the National Institute of Food and Agriculture. The Explanatory Notes should be assembled with the accounts in the same order as the accounts in the bill. Any additional deviations from this format must be approved in advance by the Committee. Late Reports.--Reports requested by the House and Senate Appropriations Committees are an important part of the exercise of the Committees' oversight responsibilities. The Committee is concerned about the Department's delinquency in completing these reports. The Committee is also concerned that the delay is due to excessively long reviews, especially in the Office of the Secretary. The reports are due on the dates specified in either the House, Senate, or conference report. Each agency of the Department is directed to comply with the deadlines and to cooperate fully with the Office of Budget and Program Analysis in providing these reports. The Committee reserves the right to call before it any agency that does not submit its report or reports on time. State Office Collocation.--The Committee continues to direct that any reallocation of resources related to the collocation of State offices scheduled for 2013 and subsequent years is subject to the Committee's reprogramming procedures. Administrative Provision.--The Committee directs the Secretary to advise the Committees on Appropriations, through the Office of Budget and Program Analysis, of the status of all reports requested of the Department in this bill at the time of submission of the fiscal year 2014 budget and monthly thereafter. The Committee reminds the Secretary that all correspondence related to the directives in this bill must be addressed to the Committee on Appropriations. Loan and Grant Programs.--The Committee directs the Department, through the Office of Budget and Program Analysis, to provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the status of obligations and funds availability for the loan and grant programs provided in this bill. The Committee further directs that if an estimate of loan activity for any program funded in Titles I and III of this bill indicates that a limitation on authority to make commitments for a fiscal year will be reached before the end of that fiscal year, or in any event whenever 75 per centum of the authority to make commitments has been utilized, the Secretary shall promptly notify the Committees in writing, through the Office of Budget and Program Analysis. Executive Operations OFFICE OF THE CHIEF ECONOMIST 2012 appropriation.................................... $11,177,000 2013 budget estimate.................................. 12,008,000 Provided in the bill.................................. 10,953,000 Comparison: 2012 appropriation................................ -224,000 2013 budget estimate.............................. -1,055,000 COMMITTEE PROVISIONS For the Office of the Chief Economist, the Committee provides an appropriation of $10,953,000. BioPreferred Program.--The Committee directs the Department to report to the Committees on Appropriations of the House and Senate, the House Agriculture Committee, and the Senate Committee on Agriculture, Nutrition, and Forestry within 60 days of enactment of this Act on the justification for the exclusion of most forest products from the program. The report also should provide recommendations for including innovative biobased products, such as forest products, in the existing program, a modified program, or a new program. The report should include a discussion of options and proposals under consideration by USDA regarding forest products and the BioPreferred Program. OFFICE OF BUDGET AND PROGRAM ANALYSIS 2012 appropriation.................................... $8,946,000 2013 budget estimate.................................. 9,049,000 Provided in the bill.................................. 8,767,000 Comparison: 2012 appropriation................................ -179,000 2013 budget estimate.............................. -282,000 COMMITTEE PROVISIONS For the Office of Budget and Program Analysis, the Committee provides an appropriation of $8,767,000. Office of the Chief Information Officer 2012 appropriation.................................... $44,031,000 2013 budget estimate.................................. 44,031,000 Provided in the bill.................................. 43,150,000 Comparison: 2012 appropriation................................ -881,000 2013 budget estimate.............................. -881,000 COMMITTEE PROVISIONS For the Office of the Chief Information Officer, the Committee provides an appropriation of $43,150,000. Office of the Chief Financial Officer 2012 appropriation.................................... $5,650,000 2013 budget estimate.................................. 6,247,000 Provided in the bill.................................. 5,537,000 Comparison: 2012 appropriation................................ -113,000 2013 budget estimate.............................. -710,000 COMMITTEE PROVISIONS For the Office of the Chief Financial Officer, the Committee provides an appropriation of $5,537,000. Assessments.--The assessments that the Department charges its agencies for other government- and department-wide activities continue to escalate. Since these assessments are borne by the agencies, and Congress did not specifically provide increases to the agencies for these costs, most of the funding for the increase has come at the expense of programs. The Committee continues to direct the Office of the Chief Financial Officer to scrutinize the need for each activity, to consider its benefit to the mission of each agency, and to limit spending wherever possible. Office of the Assistant Secretary for Civil Rights 2012 appropriation.................................... $848,000 2013 budget estimate.................................. 893,000 Provided in the bill.................................. 831,000 Comparison: 2012 appropriation................................ -17,000 2013 budget estimate.............................. -62,000 COMMITTEE PROVISIONS For the Office of the Assistant Secretary for Civil Rights, the Committee provides an appropriation of $831,000. Office of Civil Rights 2012 appropriation.................................... $21,000,000 2013 budget estimate.................................. 22,692,000 Provided in the bill.................................. 20,580,000 Comparison: 2012 appropriation................................ -420,000 2013 budget estimate.............................. -2,112,000 COMMITTEE PROVISIONS For the Office of Civil Rights, the Committee provides an appropriation of $20,580,000. Agriculture Buildings and Facilities and Rental Payments 2012 appropriation.................................... $230,416,000 2013 budget estimate.................................. 244,057,000 Provided in the bill.................................. 189,167,000 Comparison: 2012 appropriation................................ -41,249,000 2013 budget estimate.............................. -54,890,000 COMMITTEE PROVISIONS For Agriculture Buildings and Facilities and Rental Payments, the Committee provides an appropriation of $189,167,000. The following table represents the Committee's specific recommendations for this account: [Dollars in Thousands] ------------------------------------------------------------------------ FY 2012 FY 2013 Committee enacted estimate provisions ------------------------------------------------------------------------ Rental Payments...................... $164,470 $175,694 $175,694 Department of Homeland Security 13,800 13,473 13,473 Building Security................... Building Operations.................. 52,146 54,890 0 ---------------------------------- Total.......................... 230,416 244,057 189,167 ------------------------------------------------------------------------ Hazardous Materials Management 2012 appropriation.................................... $3,592,000 2013 budget estimate.................................. 3,992,000 Provided in the bill.................................. 3,520,000 Comparison: 2012 appropriation................................ -72,000 2013 budget estimate.............................. -472,000 COMMITTEE PROVISIONS For Hazardous Materials Management, the Committee provides an appropriation of $3,520,000. Office of Inspector General 2012 appropriation.................................... $85,621,000 2013 budget estimate.................................. 89,016,000 Provided in the bill.................................. 86,621,000 Comparison: 2012 appropriation................................ +1,000,000 2013 budget estimate.............................. -2,395,000 COMMITTEE PROVISIONS For the Office of Inspector General, the Committee provides an appropriation of $86,621,000. Anti-Fraud Efforts.--The Committee supports OIG's plan to raise public awareness of successful Federal investigations of fraud and is particularly pleased with its efforts regarding the Supplemental Nutrition Assistance Program. Such efforts are intended to deter participants from engaging in the misuse of taxpayer dollars and to maintain a high level of integrity in all of USDA's programs. The Committee encourages OIG to expand its efforts, working with all of USDA's agencies, to deter fraud, waste, and abuse in the Department's programs. Office of the Under Secretary for Research, Education, and Economics 2012 appropriation.................................... $848,000 2013 budget estimate.................................. 893,000 Provided in the bill.................................. 831,000 Comparison: 2012 appropriation................................ -17,000 2013 budget estimate.............................. -62,000 COMMITTEE PROVISIONS For the Office of the Under Secretary for Research, Education, and Economics, the Committee provides an appropriation of $831,000. Brown Marmorated Stink Bug.--The Committee appreciates the continuing work of ARS and NIFA regarding the Brown Marmorated Stink Bug. This pest is causing significant damage to agricultural crops, particularly the apple crop in the mid- Atlantic States, and has spread to more than 30 States and the District of Columbia. The Committee encourages ARS and NIFA to work collaboratively with APHIS and State partners to identify and implement appropriate controls. Economic Research Service 2012 appropriation.................................... $77,723,000 2013 budget estimate.................................. 77,397,000 Provided in the bill.................................. 75,000,000 Comparison: 2012 appropriation................................ -2,723,000 2013 budget estimate.............................. -2,397,000 COMMITTEE PROVISIONS For the Economic Research Service, the Committee provides an appropriation of $75,000,000. National Agricultural Statistics Service 2012 appropriation.................................... $158,616,000 2013 budget estimate.................................. 179,477,000 Provided in the bill.................................. 175,227,000 Comparison: 2012 appropriation................................ +16,611,000 2013 budget estimate.............................. -4,250,000 COMMITTEE PROVISIONS For the National Agricultural Statistics Service, the Committee provides an appropriation of $175,227,000, of which $61,250,000 is for the Census of Agriculture. Acreage Crop Reporting and Streamlining Initiative.-- Farmers and ranchers must provide substantial amounts of information to a number of different Federal agencies in order to participate in the various farm, conservation, energy, rural development, and other programs authorized by Congress and administered by USDA. The Committee recognizes that the collection and reporting of this information places a burden on producers and appreciates USDA's efforts to streamline and reduce the duplicate reporting of certain information. The Committee directs the Department to report on the Acreage Crop Reporting and Streamlining Initiative within 60 days after enactment of this Act and to provide recommendations on additional streamlining and consolidation opportunities. Agricultural Research Service SALARIES AND EXPENSES 2012 appropriation.................................... $1,094,647,000 2013 budget estimate.................................. 1,102,565,000 Provided in the bill.................................. 1,073,499,000 Comparison: 2012 appropriation................................ -21,148,000 2013 budget estimate.............................. -29,066,000 COMMITTEE PROVISIONS For Salaries and Expenses of the Agricultural Research Service, the Committee provides an appropriation of $1,073,499,000. Aerial Application Research.--The Committee recognizes the importance of the ARS Aerial Application Technology Program. The program conducts innovative research making aerial applications more efficient, effective, and precise. Research for aerial application serves the public good as a vital tool for the future, as agriculture strives to meet the food, fiber, and bio-energy demands of a growing population. Agriculture Technology Innovation.--The Committee recognizes the importance of the connection between basic research, applied research, and commercialization and encourages ARS to work with growers, industry, and other stakeholders to ensure its technology transfer activities are coordinated to benefit U.S. agriculture. Citrus Greening Disease Research.--The Committee commends ARS's research efforts on citrus greening disease and encourages the agency to continue working to develop methods to reduce transmission and enhance immunity in citrus trees and to work with industry, universities, growers, and other partners to develop effective control mechanisms. Domestic and Bighorn Sheep.--The Committee recognizes the challenges caused by infectious disease problems arising from wildlife-domestic animal agriculture interactions, particularly between domestic sheep and wild bighorn sheep. Research has recently produced an experimental vaccine to protect bighorn populations from disease but much work still needs to be done in this area. The Committee encourages ARS to work to determine the role of domestic sheep in causing die-offs of bighorn sheep from respiratory disease and develop methods to reduce transmission and enhance immunity in domestic and bighorn sheep. Emerging Cereal Rust Diseases.--The Committee continues to be concerned about emerging cereal rust diseases, particularly Ug99, and the threat they pose to domestic and world food supplies. The Committee encourages ARS to continue its work on these diseases, including the development of Ug99-resistant wheat varieties. Endophyte Research.--The Committee is aware that cool season grasses in the Pacific Northwest serve a dual function as a source of fiber for livestock and for their bioremediation potential on contaminated soils and supports continued research efforts on these issues. FOV Race 4 Cotton Research.--The Committee recognizes the serious threat that fusarium oxysporum f. sp. Vasinfectum (FOV), particularly the strain FOV Race 4, poses to the U.S. cotton industry. The Committee encourages ARS to continue research efforts to combat FOV Race 4 and to work with industry and other partners to develop effective control measures to eradicate this disease and prevent its spread nationwide. Greenhouse Research.--The Committee recognizes that greenhouses can produce crops during any season independent of weather and potentially could help reduce the Federal Government's costs associated with the farm safety net. The Committee encourages ARS to continue research to develop more effective production, environmental management, and pest management systems for greenhouses. Human Nutrition Research.--The Committee remains concerned about the high rates of obesity in the Nation and believes that research on human nutrition to help prevent childhood obesity and the medical issues related to obesity is important. In addition, there is strong evidence that nutrition plays a vital role in how a person ages. The Committee encourages ARS to continue research relating both to childhood and adult obesity as well as the effect of nutrition on aging. National Agricultural Library.--The Committee encourages ARS to maintain a focus on agriculture-related legal issues within the National Agricultural Library. The Committee recognizes agriculture-related legal issues are being litigated on an increasingly frequent basis, and that the complexity and scope of these legal issues continues to broaden. Natural Products Research.--The Committee recognizes the importance of developing natural products for use in agriculture in order to produce more toxicologically and environmentally benign pest management tools and to improve the nutriceutical value of crops. Office of Pest Management Policy.--The Committee commends the Office of Pest Management Policy for its work providing the Department, other Federal agencies, producers, and others scientifically sound analysis of pest management issues important to agriculture, especially methyl bromide transition and pesticide resistance, and encourages the agency to continue to support this office. Research on Sediments.--The Committee recognizes the importance of finding solutions to the problems associated with soil erosion, including erosion and sedimentation in stream channels and the loss of nutrients and agricultural chemicals from farm fields. Horticultural Research and Education.--The Committee recognizes the contributions of the U.S. National Arboretum to horticultural research and public education, as well as the services and 446 acres of green space it provides to the Washington, D.C., community and to international, national, and regional visitors. The Committee encourages ARS to support these research and educational activities. Lyme Disease Research.--The Committee recognizes the importance of the ongoing research efforts of the ARS regarding tick-borne illnesses. As the agency continues to build upon its research efforts and protect humans and livestock from tick- borne illnesses, the Committee encourages the ARS, in conjunction with other agencies, to maintain its efforts and consider both the human and economic impacts of Lyme disease on communities in the United States. National Institute of Food and Agriculture RESEARCH AND EDUCATION ACTIVITIES 2012 appropriation.................................... $705,599,000 2013 budget estimate.................................. 732,730,000 Provided in the bill.................................. 691,487,000 Comparison: 2012 appropriation................................ -14,112,000 2013 budget estimate.............................. -41,243,000 COMMITTEE PROVISIONS For Research and Education Activities, the Committee provides an appropriation of $691,487,000. Agriculture and Food Science Facility and Equipment Grants for Insular Areas.--The needs of the land-grant institutions in the insular areas are unique, and upgrading their facilities and equipment involve added cost factors and logistics compared with other institutions on the U.S. mainland. The Committee directs NIFA to review the current state of facilities and equipment at these institutions and report to the House and Senate Appropriations Committees by January 30, 2013, with its findings and recommendations to meet the identified needs. Budget Request for Fiscal Year 2014.--For the fiscal year 2014 budget request, the Committee directs the Department to include in the budget funding levels proposed to be allocated to and the expected publication date, scope, and allocation level for each request for awards to be published under (1) each priority area specified in section 2(b)(2) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(2)); (2) each research and extension project carried out under section 1621(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5811(a)); (3) each grant awarded under section 1672B(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b(a)); (4) each research, education, and extension project carried out under section 406 of the Research Reform Act of 1998 (7 U.S.C. 7626); and (5) each research and extension project carried out under section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632). The term `request for awards' means a funding announcement published by NIFA that provides detailed information on funding opportunities at the Institute, including the purpose, eligibility, restrictions, focus areas, evaluation criteria, regulatory information, and instructions on how to apply for such opportunities. Policy Research.--The Committee notes that NIFA ignored the clear direction of Congress regarding the review process for awards made through the policy research program and directs the agency to ensure its policies and procedures fully incorporate the direction provided by Congress through authorization and appropriation law for each of its programs. Priority Research.--The Committee recognizes the broad responsibilities of agricultural research, education, extension, and economics that Congress has given to NIFA. However, it is concerned with the focus of many of its grant programs. Given the current budget constraints, the Committee directs the agency to prioritize funding for the highest quality, peer-reviewed, and relevant plant and animal production and protection research. Program Consolidation and Streamlining.--The Committee appreciates the agency's efforts and proposals to consolidate and streamline its programs and operations to achieve administrative efficiencies and reduce costs. The Committee concurs with the proposal to consolidate the Resident Instruction and Distance Education Grant Programs for Insular Areas but does not concur with the proposal to consolidate the various pest management programs. The Committee is concerned that the proposal to consolidate the pest management programs was not developed with sufficient input from land-grant universities, grower associations, industry, and other interested parties. The Committee encourages NIFA to continue its efforts, working with all interested parties, to design a broadly supported and effective pest management research, education, and extension program that is responsive to the needs of today and the future. Unexpended/Unobligated Balances.--In its report accompanying the fiscal year 2012 agriculture appropriations bill, the Committee expressed concern about NIFA's large unexpended/unobligated balances and directed the agency to provide a report on them, including an explanation for its past practices and the agency's plans to improve the management of its appropriation. The report was due September 1, 2011. The Committee continues to have significant concerns with NIFA's unexpended/unobligated balances and notes its displeasure that its request for information was ignored. The Committee directs the agency to provide this report by August 1, 2012. The following table reflects the amount provided by the Committee: NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION ACTIVITIES [Dollars in Thousands] ---------------------------------------------------------------------------------------------------------------- FY 2012 FY 2013 Committee program/activity authorization enacted estimate provisions ---------------------------------------------------------------------------------------------------------------- Hatch Act.................................... 7 U.S.C. 361a-i................ $236,334 $234,834 $231,607 McIntire-Stennis Cooperative Forestry Act.... 16 U.S.C. 582a through a-7..... 32,934 32,934 32,275 Research at 1890 Institutions (Evans-Allen 7 U.S.C. 3222.................. 50,898 50,898 49,880 Program). Payments to the 1994 Institutions............ 534(a)(1) of P.L. 103-382...... 3,335 3,335 3,268 Education Grants for 1890 Institutions....... 7 U.S.C. 3152(b)............... 19,336 19,336 18,949 Education Grants for Hispanic-Serving 7 U.S.C. 3241.................. 9,219 9,219 9,034 Institutions. Education Grants for Alaska Native and Native 7 U.S.C. 3156.................. 3,194 3,194 3,130 Hawaiian-Serving Institutions. Research Grants for 1994 Institutions........ 536 of P.L. 103-382............ 1,801 1,801 1,764 Capacity Building for Non Land-Grant Colleges 7 U.S.C. 3319i................. 4,500 0 0 of Agriculture. Resident Instruction and Distance Education 7 U.S.C. 3363 and 3362......... 1,650 1,650 1,650 Grants for Insular Areas. Agriculture and Food Research Initiative..... 7 U.S.C. 450i(b)............... 264,470 325,000 276,515 Veterinary Medicine Loan Repayment........... 7 U.S.C. 3151a................. 4,790 4,790 4,694 Continuing Animal Health and Disease Research 7 U.S.C. 3195.................. 4,000 0 3,920 Program. Supplemental and Alternative Crops........... 7 U.S.C. 3319d................. 825 0 0 Critical Agricultural Materials Act.......... 7 U.S.C. 178 et seq............ 1,081 0 0 Multicultural Scholars, Graduate Fellowship 7 U.S.C. 3152(b)............... 9,000 10,733 8,820 and Institution Challenge Grants. Secondary and 2-year Post-Secondary Education 7 U.S.C. 3152(j)............... 900 981 882 Aquaculture Centers.......................... 7 U.S.C. 3322.................. 3,920 3,920 3,841 Sustainable Agriculture Research and 7 U.S.C. 5811.................. 14,471 14,471 14,181 Education. Farm Business Management..................... 7 U.S.C. 5925f................. 1,450 0 0 Sun Grant Program............................ 7 U.S.C. 8114.................. 2,200 0 0 Policy Research Grant Program................ 7 U.S.C. 3155.................. 4,000 0 0 Rangeland Research........................... 7 U.S.C. 3333.................. 961 0 0 Improved Pest Control: Expert IPM Decision Support System....... 7 U.S.C. 450i(c)............... 153 0 149 Integrated Pest Management............... 7 U.S.C. 450i(c)............... 2,362 0 2,315 Minor Crop Pest Management (IR-4)........ 7 U.S.C. 450i(c)............... 11,913 0 11,675 Pest Management Alternatives............. 7 U.S.C. 450i(c)............... 1,402 0 1,374 --------------------------------- Total, Improved Pest Control........... ............................... 15,830 0 15,513 Special Research Grants: 7 U.S.C. 450i(c) Global Change/UV Monitoring.............. ............................. 1,300 1,405 1,274 Potato Research.......................... ............................. 1,350 0 0 Forest Products Research................. ............................. 1,350 0 0 --------------------------------- Total, Special Research Grants......... ............................. 4,000 1,405 1,274 Necessary Expenses of Research and Education Activities: Grants Management Systems................ ............................. 2,600 7,830 0 Federal Administration--Other Necessary ............................. 7,900 6,399 10,290 Expenses for Research and Education Activities. --------------------------------- Total, Necessary Expenses.............. ............................. 10,500 14,229 10,290 ================================= Total, Research and Education ............................. 705,599 732,730 691,487 Activities. ---------------------------------------------------------------------------------------------------------------- NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND 2012 appropriation.................................... ($11,880,000) 2013 budget estimate.................................. (11,880,000) Provided in the bill.................................. (11,642,000) Comparison: 2012 appropriation................................ -(238,000) 2013 budget estimate.............................. -(238,000) COMMITTEE PROVISIONS For the Native American Institutions Endowment Fund, the Committee provides $11,642,000. EXTENSION ACTIVITIES 2012 appropriation.................................... $475,183,000 2013 budget estimate.................................. 462,473,000 Provided in the bill.................................. 462,473,000 Comparison: 2012 appropriation................................ -12,710,000 2013 budget estimate.............................. - - - COMMITTEE PROVISIONS For Extension Activities, the Committee provides an appropriation of $462,473,000. The following table reflects the amount provided by the Committee: NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES [Dollars in Thousands] ---------------------------------------------------------------------------------------------------------------- FY 2012 FY 2013 Committee program/activity authorization enacted estimate provisions ---------------------------------------------------------------------------------------------------------------- Smith-Lever Act, Section 3(b) and (c) 7 U.S.C. 343(b) and (c) and $294,000 $292,411 $286,062 programs and Cooperative Extension. 208(c) of P.L. 93-471. Extension Services at 1890 Institutions...... 7 U.S.C. 3221.................. 42,592 42,592 41,442 Extension Services at 1994 Institutions...... 7 U.S.C. 343(b)(3)............. 4,312 4,312 4,195 Facility Improvements at 1890 Institutions... 7 U.S.C. 3222b................. 19,730 19,730 19,197 Renewable Resources Extension Act............ 16 U.S.C. 1671 et seq.......... 3,700 4,060 3,600 Rural Health and Safety Education Programs... 7 U.S.C. 2662(i)............... 1,500 0 1,459 Food Animal Residue Avoidance Database 7 U.S.C. 7642.................. 1,000 0 973 Program. Women and Minorities in STEM Fields.......... 7 U.S.C. 5925.................. 400 400 389 Grants to Youth Organizations................ 7 U.S.C. 7630.................. 750 0 729 Smith-Lever Act, Section 3(d): 7 U.S.C. 343(d) Food and Nutrition Education............. ............................. 67,934 67,934 66,099 Pest Management.......................... ............................. 9,918 0 9,650 Farm Safety and Youth Farm Safety ............................. 4,610 4,610 4,485 Education Programs. New Technologies for Agricultural ............................. 1,550 1,750 1,508 Extension. Children, Youth, and Families at Risk.... ............................. 7,600 8,395 7,394 Federally Recognized Tribes Extension ............................. 3,039 3,039 2,956 Program. Sustainable Agriculture Programs......... ............................. 4,696 4,696 4,569 --------------------------------- Total, Section 3(d).................... ............................... 99,347 90,424 96,661 Necessary Expenses of Extension Activities: Agriculture in the K-12 Classroom........ ............................... 552 552 537 Federal Administration--Other Necessary ............................... 7,300 7,992 7,229 Expenses for Extension Activities. --------------------------------- Total, Necessary Expenses.............. ............................... 7,852 8,544 7,766 ================================= Total, Extension Activities.......... ............................... 475,183 462,473 462,473 ---------------------------------------------------------------------------------------------------------------- INTEGRATED ACTIVITIES 2012 Appropriation.................................... $21,482,000 2013 budget estimate.................................. 43,542,000 Provided in the bill.................................. 21,052,000 Comparison: 2012 appropriation................................ -430,000 2013 budget estimate.............................. -22,490,000 COMMITTEE PROVISIONS For Integrated Activities, the Committee provides an appropriation of $21,052,000. The following table reflects the amount provided by the Committee. NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES [Dollars in Thousands] ---------------------------------------------------------------------------------------------------------------- FY 2012 FY 2013 Committee program/activity authorization enacted estimate provisions ---------------------------------------------------------------------------------------------------------------- Water Quality Program........................ 7 U.S.C. 7626.................. $4,500 $0 $4,500 Regional Pest Management Centers............. 7 U.S.C. 7626.................. 4,000 0 4,000 Methyl Bromide Transition Program............ 7 U.S.C. 7626.................. 1,996 0 1,996 Organic Transition Program................... 7 U.S.C. 7626.................. 4,000 4,000 4,000 Regional Rural Development Centers........... 7 U.S.C. 450i(c)............... 998 998 568 Food and Agriculture Defense Initiative...... 7 U.S.C. 3351.................. 5,988 5,988 5,988 Sustainable Agriculture Federal-State 7 U.S.C. 5813.................. 0 3,500 0 Matching Grant Program. Crop Protection Program...................... 7 U.S.C. 7626.................. 0 29,056 0 --------------------------------- Total, Integrated Activities........... ............................... 21,482 43,542 21,052 ---------------------------------------------------------------------------------------------------------------- Office of the Under Secretary for Marketing and Regulatory Programs 2012 appropriation.................................... $848,000 2013 budget estimate.................................. 893,000 Provided in the bill.................................. 831,000 Comparison: 2012 appropriation................................ -17,000 2013 budget estimate.............................. -62,000 COMMITTEE PROVISIONS For the Office of the Under Secretary for Marketing and Regulatory Programs, the Committee provides an appropriation of $831,000. Animal and Plant Health Inspection Service SALARIES AND EXPENSES 2012 appropriation.................................... $816,534,000 2013 budget estimate.................................. 762,418,000 Provided in the bill.................................. 790,227,000 Comparison: 2012 appropriation................................ -26,307,000 2013 budget estimate.............................. +27,809,000 COMMITTEE PROVISIONS For the Animal and Plant Health Inspection Service, Salaries and Expenses, the Committee provides an appropriation of $790,227,000. Budget Restructure and Equine Health.--The Committee does not support the request in the President's fiscal year 2013 budget for APHIS to add an additional line item or account in order to fund the two separate accounts for Equine and Cervid Health and Sheep and Goat Health. The increase above the President's budget request will allow the agency to fill current vacancies related to equine veterinary medicine and related expenses. The following table reflects the amounts provided by the Committee in accordance with the proposed budget restructure: ------------------------------------------------------------------------ Committee provisions ------------------------------------------------------------------------ Animal Health Technical Services....................... $34,500,000 Aquatic Animal Health.................................. 2,261,000 Avian Health........................................... 52,000,000 Cattle Health.......................................... 96,000,000 Equine, Cervid, and Small Ruminant Health.............. 19,169,000 National Veterinary Stockpile.......................... 2,500,000 Swine Health........................................... 23,000,000 Veterinary Biologics................................... 16,000,000 Veterinary Diagnostics................................. 31,455,000 Zoonotic Disease Management............................ 9,000,000 ---------------- Subtotal, Animal Health.......................... 285,885,000 Agricultural Quarantine Inspection (Appropriated)...... 26,000,000 Cotton Pests........................................... 15,000,000 Field Crop & Rangeland Ecosystem Pests................. 8,867,000 Pest Detection......................................... 25,617,000 Plant Protection Methods Development................... 19,707,000 Specialty Crop Pests................................... 151,450,000 Tree & Wood Pests...................................... 45,000,000 ---------------- Subtotal, Plant Health........................... 291,641,000 Wildlife Damage Management............................. 72,500,000 Wildlife Services Methods Development.................. 18,000,000 ---------------- Subtotal, Wildlife Services...................... 90,500,000 Animal & Plant Health Regulatory Enforcement........... 16,275,000 Biotechnology Regulatory Services...................... 18,135,000 ---------------- Subtotal, Regulatory Services.................... 34,410,000 Contingency Fund....................................... 1,000,000 Emergency Preparedness & Response...................... 16,743,000 ---------------- Subtotal, Safeguarding and Emergency Preparedness 17,743,000 Agriculture Import/Export.............................. 13,354,000 Overseas Technical and Trade Operations................ 20,014,000 ---------------- Subtotal, Safe Trade & International Technical 33,368,000 Assistance...................................... Animal Welfare......................................... 27,087,000 Horse Protection....................................... 500,000 ---------------- Subtotal, Animal Welfare......................... 27,587,000 APHIS Information Technology Infrastructure............ 4,167,000 Physical/Operational Security.......................... 4,926,000 ---------------- Subtotal, Agency Management...................... 9,093,000 ================ Total, Salaries & Expenses..................... $790,227,000 ------------------------------------------------------------------------ Animal Disease Traceability.--The Committee continues to fund the animal disease traceability system within the amount provided in the Animal Health and Technical Services account. The Committee directs USDA to ensure that the system in the final rule maintains the States' and Tribes' flexibility in implementing the system while also limiting the financial burden on the livestock industry. In addition, the final rule should address liability and privacy concerns raised by livestock producers. APHIS is directed to continue providing quarterly reports to the Committee with specific cost information, assessments of progress, and any deviations from the proposed scheduled completion dates. Emerging Plant Pests.--The Committee expects the Secretary of Agriculture to continue to use the authority provided in this bill to transfer funds from the Commodity Credit Corporation (CCC) for the arrest and eradication of animal and plant pests and diseases that threaten American agriculture. By providing funds in this account, the Committee is enhancing, not replacing, the use of CCC funding for emergency outbreaks. Designated Qualified Person (DQP) Program.--The Committee directs APHIS to maintain transparency and consistency in the enforcement of the Horse Protection Act (HPA) when dealing with the regulated industry. APHIS should make it a priority to apply resources towards the enforcement of the HPA for the most egregious violators and/or offenders of the Act, including focus on those events that are not affiliated with, or are members of, Horse Industry Organizations. These non-affiliated events and organizations are in violation of HPA, and APHIS's lack of prioritization of stopping these non-affiliated activities is of great concern to the Committee. Animal Welfare.--The bill funds the Animal Welfare program at $27,087,000 in order to ensure that minimum standards of care and treatment are provided for certain animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Plant Pest and Disease Management and Disaster.--The Committee expects APHIS to obligate the $50,000,000 provided in the 2008 farm bill (P.L. 110-234) only in accordance with Congressional priorities and the criteria described under Special Funding Considerations (Section 10201(b)(6) of P.L. 110-234). USDA should prioritize the funds provided by Section 10201 for the purpose of early plant pest detection and surveillance in conjunction with the funds provided in this bill. Huanglongbing.--The Committee encourages APHIS to support its State partners through exclusion and eradication activities associated with the Asian Citrus Psyllid, the primary vector of the bacterium that causes Huanglongbing/citrus greening disease. In addition, the agency should continue to work with ARS, citrus-producing States, industry stakeholders, and universities on their research efforts to develop additional control mechanisms. Potato Cyst Nematode Eradication.--The Committee encourages APHIS to continue funding the Potato Cyst Nematode eradication program above the President's budget request level in order to continue with successful efforts to eradicate this pest. If left untreated, this pest could spread, affecting crops other than potatoes. Brown Marmorated Stink Bug.--The Committee is aware of the growing threat to fruits, vegetables, other crops, and ornamentals throughout the mid-Atlantic region from the brown marmorated stink bug. It has been found in more than 30 States and the District of Columbia. The Committee directs APHIS to treat this pest as a priority and to continue to assist ARS, NIFA, and State partners with biological control technology once such tools are available. Cost Sharing with States and Other Cooperators.--The Committee directs APHIS to maximize the use of cost-sharing agreements or matching requirements with States, Territories, producers, foreign governments, non-governmental organizations, and any other recipient of services in order to reduce the cost burden on the agency. Phytopthora ramorum.--The Committee expects APHIS to continue with efforts to manage P. ramorum while minimizing disruption to the interstate movement of plant materials and commercial trade. The agency should use an appropriate portion of funds from the Specialty Crop Pest account to expeditiously implement the review of the Federal order governing shipment of plant materials from quarantined and regulated counties, as well as to continue its review of the efficacy of the pre- notification requirements for western nurseries. APHIS should also continue efforts to partner with the regulated States to develop new best management practices regarding P. ramorum during the effective period of the order. Cattle Fever Tick.--The Committee recognizes the difficulties that exist in effectively addressing the cattle fever tick problem on the southern border of the United States and urges APHIS to work with non-profits, universities, all involved agencies, and foreign governments to incorporate and implement new methods and strategies that these entities have developed. Wildlife Damage Management.--While receiving support from cooperators to conduct wildlife management operations, special emphasis should be placed on those areas such as livestock protection, predator damage management, oral rabies vaccination, and other such activities that will reduce or eliminate threats to agricultural industries. National Poultry Improvement Plan.--The Committee supports the cooperative efforts of USDA, States, and industry as part of the National Poultry Improvement Plan and encourages USDA to provide sufficient resources to ensure further development of diagnostic technologies and health standards for the U.S. poultry industry. Such efforts should contribute towards food safety related interventions and disease prevention by minimizing and/or eliminating threats to both humans and poultry. Animal Welfare Act (AWA) Compliance.--The Committee commends APHIS for issuing a proposed regulation to close a loophole that has allowed large-scale online and conventional puppy retailers to evade compliance with the AWA. The Committee expects APHIS to focus AWA expenditures on the large-scale, for-profit dog sellers that would be regulated under the agency's proposed rule. BUILDINGS AND FACILITIES 2012 appropriation.................................... $3,200,000 2013 budget estimate.................................. 3,175,000 Provided in the bill.................................. - - - Comparison: 2012 appropriation................................ -3,200,000 2013 budget estimate.............................. -3,175,000 COMMITTEE PROVISIONS The Committee does not provide an appropriation for this account. Agricultural Marketing Service MARKETING SERVICES 2012 appropriation.................................... $82,211,000 2013 budget estimate.................................. 77,032,000 Provided in the bill.................................. 77,032,000 Comparison: 2012 appropriation................................ -5,179,000 2013 budget estimate.............................. - - - COMMITTEE PROVISIONS For Marketing Services of the Agricultural Marketing Service, the Committee provides an appropriation of $77,032,000. Microbiological Data Program.--The Committee concurs with the President's fiscal year 2013 budget request to terminate the Microbiological Data Program (MDP) in order for the Agricultural Marketing Service to focus on those activities more closely aligned with the core mission and avoid duplication of other Federal Government activities. While food safety is a vitally important part of successfully marketing produce and other agricultural products, other Federal and State public health agencies are better equipped to perform this function. The termination of the MDP will result in savings of nearly $4.4 million as proposed in the budget. Pesticide Recordkeeping Program.--The Committee also concurs with the Administration on its proposal for the Pesticide Recordkeeping Program (PRP). As noted in the Administration's proposal, ``this program is not central to the core mission of AMS, which is to facilitate the competitive and efficient marketing of agricultural products.'' Twenty-three States and one Territory already conduct their own compliance review programs. AMS's work with the other twenty-seven States and two Territories will allow these States and Territories to make a smooth transition to their own compliance review programs. The termination of the PRP will result in a savings of $1.8 million as proposed in the budget. National Organic Program.--The Committee encourages AMS to continue funding for the National Organic Program at the fiscal year 2012 level. National Farmers Market Directory.--The Committee commends the Agricultural Market Service for its recent work on the National Farmers Markets Directory. The Committee believes these efforts greatly help America's farmers. LIMITATION ON ADMINISTRATIVE EXPENSES 2012 limitation....................................... ($62,101,000) 2013 budget estimate.................................. (62,592,000) Provided in the bill.................................. (62,101,000) Comparison: 2012 limitation................................... - - - 2013 budget limitation............................ -491,000 COMMITTEE PROVISIONS The Committee provides a limitation of $62,101,000 on Administrative Expenses of the Agricultural Marketing Service. FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32) MARKETING AGREEMENT AND ORDERS 2012 appropriation.................................... ($20,056,000) 2013 budget estimate.................................. (20,056,000) Provided in the bill.................................. (20,056,000) Comparison: 2012 appropriation................................ - - - 2013 budget estimate.............................. - - - COMMITTEE PROVISIONS For the Marketing Agreements and Orders Program, the Committee provides a transfer from section 32 funds of $20,056,000. The following table reflects the status of this fund for fiscal years 2012 through 2013: ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD FISCAL YEARS 2012-2013 [Dollars in Thousands] ------------------------------------------------------------------------ FY 2012 FY 2013 estimate estimate ------------------------------------------------------------------------ Appropriation (30% of Customs Receipts). $7,947,046 $8,990,117 Less Transfers: Food and Nutrition Service.......... -6,676,207 -7,618,053 Commerce Department................. -109,098 -124,064 ------------------------------- Total, Transfers................ -6,785,305 -7,742,117 Prior Year Appropriation Available, 259,953 206,694 Start of the Year...................... Prior Year Collections and Recoveries... 0 0 Unavailable for Obligations (recoveries -73,694 -73,694 & offsetting collections).............. Transfer of Prior Year Funds to FNS -117,000 -133,000 (Fruit & Vegetable).................... Budget Authority.................... 1,231,000 1,248,000 Rescission of Current Year Funds........ -150,000 -180,000 Unavailable for Obligations (Fruit & -133,000 -117,000 Vegetable transfer to FNS)............. ------------------------------- Available for Obligation............ 948,000 951,000 Less Obligations: Child Nutrition Programs 465,000 465,000 (Entitlement Commodities).......... 12 Percent Commodity Floor 0 0 Requirement...................... State Option Contract............... 5,000 5,000 Removal of Defective Commodities.... 2,500 2,500 Emergency Surplus Removal........... 2,200 0 Disaster Relief..................... 5,000 5,000 Additional Fruits, Vegetables, and 175,600 206,000 Nuts Purchases..................... Fresh Fruit and Vegetable Program... 20,000 39,076 Estimated Future Needs.............. 224,913 180,637 ------------------------------- Total, Commodity Procurement.... 900,213 903,213 Administrative Funds:............... Commodity Purchase Support...... 27,731 27,731 Marketing Agreements and Orders. 20,056 20,056 ------------------------------- Total, Administrative Funds... 47,787 47,787 ------------------------------- Total Obligations................... 948,000 951,000 Unobligated Balance, End of Year........ 0 0 Unavailable for Obligations (Fruit and 133,000 117,000 Vegetable transfer to FNS)............. Balances, Collections and Recoveries Not 73,694 73,694 Available.............................. =============================== Total, End of Year Balances..... 206,694 190,694 ------------------------------------------------------------------------ PAYMENTS TO STATES AND POSSESSIONS 2012 appropriation.................................... $1,198,000 2013 budget estimate.................................. 1,331,000 Provided in the bill.................................. 1,174,000 Comparison: 2012 appropriation................................ -24,000 2013 budget estimate.............................. -157,000 COMMITTEE PROVISIONS For Payments to States and Possessions, the Committee provides an appropriation of $1,174,000. Grain Inspection, Packers and Stockyards Administration SALARIES AND EXPENSES 2012 appropriation.................................... $37,750,000 2013 budget estimate.................................. 40,261,000 Provided in the bill.................................. 36,995,000 Comparison: 2012 appropriation................................ -755,000 2013 budget estimate.............................. -3,266,000 COMMITTEE PROVISIONS For Grain Inspection, Packers and Stockyards Administration, the Committee provides $36,995,000. LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES 2012 limitation....................................... ($49,000,000) 2013 budget limitation................................ (50,000,000) Provided in the bill.................................. (50,000,000) Comparison: 2012 limitation................................... +1,000,000 2013 budget limitation............................ - - - COMMITTEE PROVISIONS The Committee includes a limitation on inspection and weighing services expenses of $50,000,000. The bill includes authority to exceed by 10 percent the limitation on inspection and weighing services with notification to the Committees on Appropriations. Office of the Under Secretary for Food Safety 2012 appropriation.................................... $770,000 2013 budget estimate.................................. 811,000 Provided in the bill.................................. 755,000 Comparison: 2012 appropriation................................ -15,000 2013 budget estimate.............................. -56,000 COMMITTEE PROVISIONS For the Office of the Under Secretary for Food Safety, the Committee provides an appropriation of $755,000. Food Safety and Inspection Service 2012 appropriation.................................... $1,004,427,000 2013 budget estimate.................................. 995,503,000 Provided in the bill.................................. 995,503,000 Comparison: 2012 appropriation................................ -8,924,000 2013 budget estimate.............................. - - - COMMITTEE PROVISIONS For the Food Safety and Inspection Service, the Committee provides an appropriation of $995,503,000. The Committee recommendation provides the same level of funding as the President's budget request. This funding level assumes the promulgation of a final rule to modernize poultry inspection in the United States by October 1, 2012. The Committee directs the Under Secretary to notify the Committee not later than September 15, 2012, on the status of this rule. If the Committee determines at that time that the final rule will not be promulgated by the beginning of fiscal year 2013, the Committee will make a determination on any adjustments to the funding level for the FSIS. Humane Methods of Slaughter.--As part of meeting the Congressional mandate of 148 FTEs for humane handling verification activities, FSIS shall ensure, to the maximum extent practicable, that the 23 FTEs using funds appropriated in fiscal year 2009 for the purpose of improving enforcement of the Humane Methods of Slaughter Act are dedicated solely to overseeing compliance with humane handling rules for live animals as they arrive and are offloaded and handled in pens, chutes, and stunning areas. Poultry inspection.--The Committee supports FSIS's efforts to modernize the poultry inspection system. The Committee strongly recommends that FSIS require plant employees to be trained before assuming inspection responsibilities. The Committee also urges the agency to modify the proposal so that plants that voluntarily transition to this new inspection system can participate in National Institute of Occupational Safety and Health studies on worker safety and line speed. FARM ASSISTANCE PROGRAMS Office of the Under Secretary for Farm and Foreign Agricultural Services 2012 appropriation.................................... $848,000 2013 budget estimate.................................. 893,000 Provided in the bill.................................. 831,000 Comparison: 2012 appropriation................................ -17,000 2013 budget estimate.............................. -62,000 COMMITTEE PROVISIONS For the Office of the Under Secretary for Farm and Foreign Agricultural Services, the Committee provides an appropriation of $831,000. The Committee is concerned about waste, fraud, and abuse in programs administered by the Farm Service Agency (FSA) and the Risk Management Agency (RMA). Therefore, the Secretary is directed to certify that any newly approved payment, loan, grant, subsidy, or insurance claim from a program administered by FSA or RMA does not include individuals or entities that have been permanently debarred from participating in USDA programs. FARM SERVICE AGENCY SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) ---------------------------------------------------------------------------------------------------------------- transfer from appropriation program accounts total, FSA S&E ---------------------------------------------------------------------------------------------------------------- 2012 appropriation.................................. $1,198,966,000 ($292,583,000) ($1,491,549,000) 2013 budget estimate................................ 1,208,290,000 (308,137,000) (1,516,427,000) Provided in the bill................................ 1,180,499,000 (287,293,000) (1,467,792,000) Comparison: 2012 appropriation.............................. -18,467,000 (-5,290,000) (-23,757,000) 2013 budget estimate............................ -27,791,000 (-20,844,000) (-48,635,000) ---------------------------------------------------------------------------------------------------------------- COMMITTEE PROVISIONS For Salaries and Expenses of the Farm Service Agency, the Committee provides an appropriation of $1,180,499,000 and transfers of $287,293,000, for a total program level of $1,467,792,000. MIDAS.--The Committee continues to believe the MIDAS program is the top administrative priority for USDA and represents a vital component in the delivery of mission-based services. The Committee directs the Secretary to take the steps necessary to ensure the timely and successful implementation of MIDAS. STATE MEDIATION GRANTS 2012 appropriation.................................... $3,759,000 2013 budget estimate.................................. 4,369,000 Provided in the bill.................................. 3,684,000 Comparison: 2012 appropriation................................ -75,000 2013 budget estimate.............................. -685,000 COMMITTEE PROVISIONS For State Mediation Grants, the Committee provides an appropriation of $3,684,000. GRASSROOTS SOURCE WATER PROTECTION PROGRAM 2012 appropriation.................................... $3,817,000 2013 budget estimate.................................. - - - Provided in the bill.................................. 3,741,000 Comparison: 2012 appropriation................................ -76,000 2013 budget estimate.............................. +3,741,000 COMMITTEE PROVISIONS For the Grassroots Source Water Protection Program, the Committee provides an appropriation of $3,741,000. DAIRY INDEMNITY PROGRAM (INCLUDING TRANSFER OF FUNDS) 2012 appropriation.................................... \1\$100,000 2013 budget estimate.................................. \1\100,000 Provided in the bill.................................. \1\100,000 Comparison: 2012 appropriation................................ - - - 2013 budget estimate.............................. - - - \1\Current indefinite appropriation. COMMITTEE PROVISIONS For the Dairy Indemnity Program, the Committee provides an appropriation of such sums as may be necessary (estimated to be $100,000 in the President's fiscal year 2013 budget request). AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) ESTIMATED LOAN LEVELS 2012 loan level....................................... $4,787,090,000 2013 budget estimate.................................. 4,781,747,000 Provided in the bill.................................. 4,787,090,000 Comparison: 2012 loan level................................... - - - 2013 budget estimate.............................. +5,343,000 COMMITTEE PROVISIONS For the Agricultural Credit Insurance Fund program account, the Committee provides a loan level of $4,787,090,000. The following table reflects the loan levels for the Agricultural Credit Insurance Fund program account: AGRICULTURAL CREDIT PROGRAMS--LOAN LEVELS [Dollars in Thousands] ------------------------------------------------------------------------ FY 2012 FY 2013 Committee level estimate provisions ------------------------------------------------------------------------ Farm loan programs: Farm ownership: Direct................ $475,000 $475,000 $475,000 Guaranteed............ 1,500,000 1,500,000 1,500,000 Farm operating: Direct................ 1,050,090 1,050,089 1,050,090 Unsubsidized 1,500,000 1,500,000 1,500,000 guaranteed........... Emergency loans........... 0 34,658 0 Indian tribe land 2,000 2,000 2,000 acquisition loans........ Conservation loans: Guaranteed............ 150,000 150,000 150,000 Indian highly fractionated 10,000 10,000 10,000 land..................... Boll weevil eradication... 100,000 60,000 100,000 ----------------------------------------- Total................. 4,787,090 4,781,747 4,787,090 ------------------------------------------------------------------------ ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS ---------------------------------------------------------------------------------------------------------------- direct loan guaranteed loan administrative subsidy subsidy grants expenses ---------------------------------------------------------------------------------------------------------------- 2012 appropriation.................. $82,113,000 $26,100,000 0 $297,632,000 2013 budget estimate................ 80,120,000 17,850,000 $2,500,000 312,897,000 Provided in the bill................ 78,803,000 17,850,000 0 292,241,000 Comparison: 2012 appropriation.............. -3,310,000 --8,250,000 0 -5,391,000 2013 budget estimate............ -1,317,000 0 -2,500,000 -20,656,000 ---------------------------------------------------------------------------------------------------------------- The following table reflects the costs of loan programs under credit reform: AGRICULTURAL CREDIT PROGRAMS--SUBSIDIES AND GRANTS [Dollars in Thousands] ------------------------------------------------------------------------ FY 2012 FY 2013 Committee enacted estimate provisions ------------------------------------------------------------------------ Farm loan subsidies: Farm ownership: Direct................ $22,800 $20,140 $20,140 Farm operating: Direct................ 59,120 58,490 58,490 Unsubsidized 26,100 17,850 17,850 guaranteed........... Emergency loans........... 0 1,317 0 Indian highly fractionated 193 173 173 land..................... ----------------------------------------- Total, Farm loan 108,213 97,970 96,653 subsidies............ Individual development 0 2,500 0 accounts............. ----------------------------------------- Total................. 108,213 100,470 96,653 ACIF expenses: Salaries and expenses..... 289,728 304,977 284,495 Administrative expenses... 7,904 7,920 7,746 ----------------------------------------- Total, ACIF expenses...... 297,632 312,897 292,241 ------------------------------------------------------------------------ Risk Management Agency 2012 appropriation.................................... $74,900,000 2013 budget estimate.................................. 74,900,000 Provided in the bill.................................. 73,402,000 Comparison: 2012 appropriation................................ -1,498,000 2013 budget estimate.............................. -1,498,000 COMMITTEE PROVISIONS For the Risk Management Agency, the Committee provides an appropriation of $73,402,000. CORPORATIONS Federal Crop Insurance Corporation Fund 2012 appropriation.................................... \1\$3,142,375,00 0 2013 budget estimate.................................. \1\9,517,433,000 Provided in the bill.................................. \1\9,517,433,000 Comparison: 2012 appropriation................................ +6,375,058,000 2013 budget estimate.............................. - - - \1\Current indefinite appropriation. COMMITTEE PROVISIONS For the Federal Crop Insurance Corporation Fund, the Committee provides an appropriation of such sums as may be necessary (estimated to be $9,517,433,000 in the President's fiscal year 2013 budget request). Commodity Credit Corporation Fund REIMBURSEMENT FOR NET REALIZED LOSSES (INCLUDING TRANSFERS OF FUNDS)\1\ 2012 appropriation.................................... $14,071,000,000 2013 budget estimate.................................. 11,018,509,000 Provided in the bill.................................. 11,018,509,000 Comparison: 2012 appropriation................................ -3,052,491,000 2013 budget estimate.............................. - - - \1\Current indefinite appropriation. COMMITTEE PROVISIONS For Reimbursement for Net Realized Losses to the Commodity Credit Corporation, the Committee provides such sums as may be necessary to reimburse for net realized losses sustained, but not previously reimbursed (estimated to be $11,018,509,000 in the President's fiscal year 2013 budget request). HAZARDOUS WASTE MANAGEMENT (LIMITATION ON EXPENSES) 2012 limitation....................................... ($5,000,000) 2013 budget estimate.................................. (5,000,000) Provided in the bill.................................. (5,000,000) Comparison: 2012 limitation................................... - - - 2013 budget estimate.............................. - - - COMMITTEE PROVISIONS For CCC Hazardous Waste Management, the Committee provides a limitation of $5,000,000. TITLE II CONSERVATION PROGRAMS Office of the Under Secretary for Natural Resources and Environment 2012 appropriation.................................... $848,000 2013 budget estimate.................................. 893,000 Provided in the bill.................................. 831,000 Comparison: 2012 appropriation................................ -17,000 2013 budget estimate.............................. -62,000 COMMITTEE PROVISIONS For the Office of the Under Secretary for Natural Resources and Environment, the Committee provides an appropriation of $831,000. Natural Resources Conservation Service CONSERVATION OPERATIONS 2012 appropriation.................................... $828,159,000 2013 budget estimate.................................. 827,500,000 Provided in the bill.................................. 812,032,000 Comparison: 2012 appropriation................................ -16,127,000 2013 budget estimate.............................. -15,468,000 COMMITTEE PROVISIONS For Conservation Operations, the Committee provides an appropriation of $812,032,000. The Committee provides $9,114,000 for the Snow Survey and Water Forecasting Program; $9,212,000 for the Plant Materials Centers; and $78,400,000 for the Soil Surveys Program. The Committee provides $715,306,000 for conservation technical assistance and directs NRCS to maintain level funding for the Conservation Effects Assessment Project (CEAP) and the Conservation Delivery Streamlining Initiative (CDSI). The Committee is pleased with the results of CEAP and the agency's efforts to modernize the delivery of conservation programs and services through CDSI and encourages the continuation of these efforts. National Marine Sanctuaries.--The Committee urges the agency to continue the collaborative agreement with the Office of National Marine Sanctuaries to address agricultural sources of runoff, such as sediments, nitrates, and pesticides. Sage Grouse Initiative.--The Committee supports NRCS's sage grouse conservation efforts. Through the initiative, NRCS provides technical and financial assistance to help landowners conserve sage grouse habitat on their land. The initiative is an integral part of efforts by Federal agencies, several western States, and private landowners to help preclude the listing of the sage grouse as an endangered species. Wetlands Reserve Program.--The Committee is aware of concerns regarding the Wetlands Reserve Program's (WRP) easement valuation process and how potential WRP easements interact with public drainage systems. The Committee directs NRCS to report to the Committee within 60 days of enactment of this Act on the regulations and policies governing the program to ensure it is appropriately designed and implemented to avoid the payment above the reasonable value of farmland for easements and to ensure wetland easement conservation plans adequately permit the repair, improvement, and inspection of land that is necessary to maintain existing public drainage systems. WATERSHED REHABILITATION PROGRAM 2012 appropriation.................................... $15,000,000 2013 budget estimate.................................. - - - Provided in the bill.................................. 14,700,000 Comparison: 2012 appropriation................................ -300,000 2013 budget estimate.............................. +14,700,000 COMMITTEE PROVISIONS For the Watershed Rehabilitation Program, the Committee provides an appropriation of $14,700,000. TITLE III RURAL DEVELOPMENT PROGRAMS Office of the Under Secretary for Rural Development 2012 appropriation.................................... $848,000 2013 budget estimate.................................. 893,000 Provided in the bill.................................. 831,000 Comparison: 2012 appropriation................................ -17,000 2013 budget estimate.............................. -62,000 COMMITTEE PROVISIONS For the Office of the Under Secretary for Rural Development, the Committee provides an appropriation of $831,000. Regional Innovation Initiative.--The fiscal year 2013 budget request proposes a Regional Innovation Initiative similar to the proposal included in the fiscal year 2012 request. The Committee is unable to provide any funding or authorization for the initiative as requests for additional information on the specific need, purpose, and plans for the initiative continue to go unanswered. Rural Development Salaries and Expenses (INCLUDING TRANSFERS OF FUNDS) ---------------------------------------------------------------------------------------------------------------- Committee FY 2012 level FY 2013 estimate provisions ---------------------------------------------------------------------------------------------------------------- Appropriation.......................................... $182,023,000 $206,857,000 $178,383,000 Transfer from: Rural Housing Insurance Fund Program Account....... 430,800,000 408,127,000 408,127,000 Rural Development Loan Fund Program Account........ 4,684,000 4,438,000 4,438,000 Rural Electrification and Telecommunications Loan 36,382,000 34,467,000 34,467,000 Program Account................................... -------------------------------------------------------- Total, RD Salaries and Expenses.................... 653,889,000 653,889,000 625,415,000 ---------------------------------------------------------------------------------------------------------------- COMMITTEE PROVISIONS For Salaries and Expenses of the Rural Development mission area, the Committee provides an appropriation of $178,383,000. The Committee expects that the appropriation for salary and expenses provided in this Act will be allocated to agency field offices and State offices in a manner that is representative of the costs of program delivery and portfolio servicing in those areas and takes into account factors, such as geographic land mass represented, anticipated program delivery costs, and portfolio servicing costs. Rural Housing Service RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT ---------------------------------------------------------------------------------------------------------------- loan level subsidy level administrative expenses ---------------------------------------------------------------------------------------------------------------- 2012 appropriation................... $25,140,269,000 $73,091,000 $430,800,000 2013 budget estimate................. 24,856,685,000 51,449,000 408,127,000 Provided in the bill................. 24,879,942,000 58,268,000 408,127,000 Comparison: 2012 appropriation............... -260,327,000 -14,823,000 -22,673,000 2013 budget estimate............. +23,257,000 +6,819,000 0 ---------------------------------------------------------------------------------------------------------------- COMMITTEE PROVISIONS For the Rural Housing Insurance Fund program account, the Committee provides a loan level of $24,879,942,000. The Committee does not concur with the proposal to set aside funding in the single family direct loan program and directs the Department to operate the program without these set asides. The Committee authorizes the Rural Housing Service to use funding provided by the settlement between the United States and certain mortgage lenders to pay for costs associated with servicing single family housing loans guaranteed by the agency. The Committee notes that this is one-time funding, to be available until expended, and directs the agency not to hire any permanent full-time equivalent staff or to make commitments to pay for new staff in the future with these funds. The following table reflects the loan levels for the Rural Housing Insurance Fund program account: [Dollars in Thousands] ------------------------------------------------------------------------ FY 2012 FY 2013 Committee level estimate provisions ------------------------------------------------------------------------ Rural Housing Insurance Fund Loans: Single family housing (sec 502): Direct................ $900,000 $652,764 $652,764 Unsubsidized 24,000,000 24,000,000 24,000,000 guaranteed........... Housing repair (sec 504).. 10,000 27,952 10,190 Rental housing (sec 515).. 64,478 0 31,277 Multi-family guaranteed 130,000 150,000 150,000 (sec 538)................ Credit sales of acquired 10,000 0 10,000 property................. Self-help housing land 5,000 0 5,000 development fund......... Farm labor housing........ 20,791 25,969 20,711 ----------------------------------------- Total, Loan authorization. 25,140,269 24,856,685 24,879,942 ------------------------------------------------------------------------ The following table reflects the costs of loan programs under credit reform: ESTIMATED LOAN SUBSIDY AND ADMINISTRATIVE EXPENSES LEVELS [Dollars in Thousands] ------------------------------------------------------------------------ FY 2012 FY 2013 Committee level estimate provisions ------------------------------------------------------------------------ Rural Housing Insurance Fund Program Account (loan subsidies and grants): Single family housing (sec 502): Direct................ $42,570 $38,970 $38,970 Unsubsidized 0 0 0 guaranteed........... Housing repair (sec 504).. 1,421 3,821 1,393 Rental housing (sec 515).. 22,000 0 11,000 Multi-family guaranteed 0 0 0 (sec 538)................ Credit sales of acquired 0 0 0 property................. Self-help housing land 0 0 0 development fund......... Farm labor housing........ 7,100 8,658 6,905 ----------------------------------------- Total, Loan subsidies..... 73,091 51,449 58,268 Farm labor housing grants. 7,100 8,868 6,905 RHIF expenses: Administrative 430,800 408,127 408,127 expenses............. ------------------------------------------------------------------------ RENTAL ASSISTANCE PROGRAM 2012 appropriation.................................... $904,653,000 2013 budget estimate.................................. 907,128,000 Provided in the bill.................................. 888,060,000 Comparison: 2012 appropriation................................ -16,593,000 2013 budget estimate.............................. -19,068,000 COMMITTEE PROVISIONS For the Rental Assistance Program, the Committee provides a program level of $888,060,000. MULTIFAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT 2012 appropriation.................................... $13,000,000 2013 budget estimate.................................. 46,942,000 Provided in the bill.................................. 12,740,000 Comparison: 2012 appropriation................................ -260,000 2013 budget estimate.............................. -34,202,000 For the Multifamily Housing Revitalization Program Account, the Committee provides an appropriation of $12,740,000, including $10,780,000 for the rural housing voucher program. The Committee recognizes that a change in focus in the management of the multifamily housing portfolio may be necessary. However, the Committee is concerned about the dramatic shifts in the proposed program funding levels over the past two fiscal years and directs the Department to develop and present to the Committees on Appropriations of the House and Senate a definitive plan to address rural rental housing needs. MUTUAL AND SELF-HELP HOUSING GRANTS 2012 appropriation.................................... $30,000,000 2013 budget estimate.................................. 10,000,000 Provided in the bill.................................. 15,000,000 Comparison: 2012 appropriation................................ -15,000,000 2013 budget estimate.............................. +5,000,000 COMMITTEE PROVISIONS For Mutual and Self-Help Housing Grants, the Committee provides an appropriation of $15,000,000. RURAL HOUSING ASSISTANCE GRANTS 2012 appropriation.................................... $33,136,000 2013 budget estimate.................................. 28,216,000 Provided in the bill.................................. 17,000,000 Comparison: 2012 appropriation................................ -16,136,000 2013 budget estimate.............................. -11,216,000 COMMITTEE PROVISIONS For the Rural Housing Assistance Grants program, the Committee provides an appropriation of $17,000,000. RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) 2012 appropriation.................................... $29,291,000 2013 budget estimate.................................. 25,000,000 Provided in the bill.................................. 21,867,000 Comparison: 2012 appropriation................................ -7,424,000 2013 budget estimate.............................. -3,133,000 COMMITTEE PROVISIONS For the Rural Community Facilities Program Account, the Committee provides an appropriation of $21,867,000. The following table provides the Committee's recommendations as compared to the budget request: [Dollars in Thousands] ---------------------------------------------------------------------------------------------------------------- FY 2013 Committee FY 2012 level estimate provisions ---------------------------------------------------------------------------------------------------------------- Loan levels: Community facility direct loans....................... ($1,300,000) ($2,000,000) ($2,200,000) Community facility guaranteed loans................... (105,708) (0) (57,481) Subsidy and grants: Community facility direct loans....................... 0 0 0 Community facility guaranteed loans................... 5,000 0 3,880 Community facility grants............................. 11,363 13,000 11,136 Rural Community Development Initiative................ 3,621 8,000 3,549 Economic Impact Initiative............................ 5,938 0 0 Tribal college grants................................. 3,369 4,000 3,302 ----------------------------------------------------- Total, Rural Community Facilities Program subsidy 29,291 25,000 21,867 and grants....................................... ---------------------------------------------------------------------------------------------------------------- The following program is included in bill language for the Rural Community Facilities Program: $3,549,000 is for the Rural Community Development Initiative. Rural Business-Cooperative Service RURAL BUSINESS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) 2012 appropriation.................................... $74,809,000 2013 budget estimate.................................. 86,159,000 Provided in the bill.................................. 65,341,000 Comparison: 2012 appropriation................................ -9,468,000 2013 budget estimate.............................. -20,818,000 COMMITTEE PROVISIONS For the Rural Business Program Account, the Committee provides an appropriation of $65,341,000. The following table provides the Committee's recommendations as compared to the budget request: [Dollars in Thousands] ---------------------------------------------------------------------------------------------------------------- FY 2013 Committee FY 2012 level estimate provisions ---------------------------------------------------------------------------------------------------------------- Loan level: Business and industry guaranteed loans...................... ($822,886) ($821,224) ($660,948) Subsidy and grants: Business and industry guaranteed loans...................... 45,341 56,336 45,341 Rural business enterprise grants............................ 24,318 29,823 20,000 Rural business opportunity grants........................... 2,250 0 0 Delta regional authority.................................... 2,900 0 0 ----------------------------------------------- Total, Rural Business Program subsidy and grants........ 74,809 86,159 65,341 ---------------------------------------------------------------------------------------------------------------- The following programs are included in bill language for the Rural Business Program account: $490,000 for rural transportation technical assistance; and $3,920,000 for Federally Recognized Native American Tribes, of which $245,000 is for transportation technical assistance. RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT ---------------------------------------------------------------------------------------------------------------- administrative loan level subsidy level expenses ---------------------------------------------------------------------------------------------------------------- 2012 appropriation.............................................. $17,710,000 $6,000,000 $4,684,000 2013 budget estimate............................................ 18,889,000 6,052,000 4,438,000 Provided in the bill............................................ 17,710,000 5,674,000 4,438,000 Comparison: 2012 appropriation.......................................... 0 -326,000 -246,000 2013 budget estimate........................................ -1,179,000 -378,000 0 ---------------------------------------------------------------------------------------------------------------- COMMITTEE PROVISIONS For the Rural Development Loan Fund program account, the Committee provides for a loan level of $17,710,000. For the loan subsidy, the Committee provides an appropriation of $5,674,000. In addition, the Committee provides $4,438,000 for administrative expenses. RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT--(INCLUDING RESCISSION OF FUNDS) ------------------------------------------------------------------------ loan level ------------------------------------------------------------------------ 2012 appropriation...................................... $33,077,000 2013 budget estimate.................................... 33,077,000 Provided in the bill.................................... 33,077,000 Comparison: 2012 appropriation.................................. 0 2013 budget estimate................................ 0 ------------------------------------------------------------------------ COMMITTEE PROVISIONS For the Rural Economic Development Loans Program Account, the Committee provides for a loan level of $33,077,000. RURAL COOPERATIVE DEVELOPMENT GRANTS 2012 appropriation.................................... $25,050,000 2013 budget estimate.................................. 27,706,000 Provided in the bill.................................. 19,645,000 Comparison: 2012 appropriation................................ -5,405,000 2013 budget estimate.............................. -8,061,000 COMMITTEE PROVISIONS For Rural Cooperative Development Grants, the Committee provides an appropriation of $19,645,000. The total includes $2,205,000 for a cooperative agreement for the Appropriate Technology Transfer for Rural Areas program; $2,940,000 for cooperatives or associations of cooperatives whose primary focus is to provide assistance to small, minority producers; and $10,000,000 for the value-added agricultural product market development grant program. RENEWABLE ENERGY FOR AMERICA PROGRAM 2012 appropriation.................................... $3,400,000 2013 budget estimate.................................. 4,575,000 Provided in the bill.................................. 3,332,000 Comparison: 2012 appropriation................................ -68,000 2013 budget estimate.............................. -1,243,000 COMMITTEE PROVISIONS For the Renewable Energy for America Program, the Committee provides a loan level of $13,878,000 and an appropriation of $3,332,000 for the loan subsidy to make loans as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107). Rural Utilities Service RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) 2012 appropriation.................................... $513,000,000 2013 budget estimate.................................. 495,700,000 Provided in the bill.................................. 484,499,000 Comparison: 2012 appropriation................................ -28,501,000 2013 budget estimate.............................. -11,201,000 COMMITTEE PROVISIONS For the Rural Water and Waste Disposal Program Account, the Committee provides an appropriation of $484,499,000. The following table provides the Committee's recommendations as compared to the budget request: [Dollars in Thousands] ------------------------------------------------------------------------ FY 2012 FY 2013 Committee level estimate provisions ------------------------------------------------------------------------ Loan levels: Water and waste direct ($730,689) ($1,000,000) ($731,103) loans.................... Water and waste guaranteed (62,893) 0 (61,321) loans.................... Subsidies and Grants: Direct Subsidy............ 70,000 80,700 59,000 Guaranteed Subsidy........ 1,000 0 650 Water and Waste Revolving 497 0 497 Fund..................... Water Well System Grants.. 993 0 993 Grants for the Colonias 66,500 59,484 59,484 and AK/HI................ Water and Waste Technical 19,000 14,871 18,620 Assistance Grants........ Circuit Rider Program..... 15,000 12,393 14,700 Solid Waste Management 3,400 4,000 3,332 Grants................... High Energy Cost Grants... 9,500 0 0 Water and Waste Disposal 327,110 324,252 327,223 Grants................... ----------------------------------------- Total, Subsidies and $513,000 $495,700 $484,499 Grants............... ------------------------------------------------------------------------ RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) ---------------------------------------------------------------------------------------------------------------- subsidy administrative loan level level expenses ---------------------------------------------------------------------------------------------------------------- 2012 appropriation.............................................. $7,714,286,000 $594,000 $36,382,000 2013 budget estimate............................................ 6,790,000,000 0 34,467,000 Provided in the bill............................................ 7,290,000,000 0 34,467,000 Comparison: 2012 appropriation.......................................... -424,286,000 -594,000 -1,915,000 2013 budget estimate........................................ +500,000,000 0 0 ---------------------------------------------------------------------------------------------------------------- COMMITTEE PROVISIONS For the Rural Electrification and Telecommunications Loans Program Account, the Committee provides a loan level of $7,290,000,000. In addition, the Committee provides $34,467,000 for administrative expenses. The Committee does not concur with the proposal to limit the use of rural electrification loans and instead expects USDA to work with borrowers to finance the most reliable and cost- effective electricity source that meets their needs. The following table reflects the loan levels for the Rural Electrification and Telecommunications Loans Program account: [Dollars in Thousands] ------------------------------------------------------------------------ FY 2012 FY 2013 Committee enacted estimate provisions ------------------------------------------------------------------------ Loan authorizations: Electric: Direct, 5%............ $100,000 $0 $100,000 Direct, FFB........... 6,500,000 0 6,500,000 Treasury Plus......... 0 6,100,000 0 Guaranteed 424,286 0 0 underwriting......... ----------------------------------------- Subtotal............ 7,024,286 6,100,000 6,600,000 Telecommunications: Direct, 5%............ 145,000 0 0 Direct, Treasury rate. 250,000 690,000 690,000 Direct, FFB........... 295,000 0 0 ----------------------------------------- Subtotal............ 690,000 690,000 690,000 ========================================= Total, Loan 7,714,286 6,790,000 7,290,000 authorizations... ------------------------------------------------------------------------ DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM ---------------------------------------------------------------------------------------------------------------- FY 2012 FY 2013 Committee enacted estimate provisions ---------------------------------------------------------------------------------------------------------------- Broadband Program: Loan authorization.......................................... $212,014,000 $94,139,000 $21,119,000 Loan subsidy................................................ 6,000,000 8,915,000 2,000,000 Grants...................................................... 10,372,000 13,379,000 10,165,000 Distance learning and telemedicine: Grants...................................................... 21,000,000 24,950,000 15,000,000 ----------------------------------------------- Total, Loan subsidy and grants.......................... 37,372,000 47,244,000 27,165,000 ---------------------------------------------------------------------------------------------------------------- COMMITTEE PROVISIONS For the Distance Learning, Telemedicine, and Broadband Program, the Committee provides an appropriation of $27,165,000, which includes $15,000,000 for distance learning and telemedicine grants. Broadband Loan Program Priorities.--Funding provided for the broadband program is intended to promote broadband availability in those areas where there is not otherwise a business case for private investment in a broadband network. The Committee directs RUS to focus expenditures on projects that bring broadband service to currently unserved households. Broadband Program.--The Committee is concerned and disappointed with the progress of broadband projects funded under the American Recovery & Reinvestment Act and directs the Department to develop a plan of action to significantly quicken the pace of project review, approval, and completion in managing broadband projects. The Committee also requests the Department to report on how the Federal Communications Commission's Universal Service Fund and Intercarrier Compensation reform and modernization plans are likely to affect Rural Utility Service telecommunications borrowers. The Committee directs that both reports be provided to the Committees on Appropriations of the House and Senate within 90 days of enactment of this Act. TITLE IV DOMESTIC FOOD PROGRAMS Office of the Under Secretary for Food, Nutrition, and Consumer Services 2012 appropriation.................................... $770,000 2013 budget estimate.................................. 811,000 Provided in the bill.................................. 755,000 Comparison: 2012 appropriation................................ -15,000 2013 budget estimate.............................. -56,000 COMMITTEE PROVISIONS For the Office of the Under Secretary for Food, Nutrition, and Consumer Services, the Committee provides an appropriation of $755,000. The Committee directs FNS to continue making all policy documents related to the WIC program (including, but not limited to, instructions, memoranda, guidance, and questions and answers) available to the public on the Internet within one week of their release to State WIC administrators. The Committee directs USDA to issue guidelines to the appropriate State agencies within 60 days of enactment of this Act on a requirement to include the USDA Inspector General (IG) Fraud Hotline and the IG website address on all SNAP and WIC Electronic Benefit Transfer cards and WIC coupons or vouchers for the purpose of reporting potential fraud, waste, and abuse by vendors and/or participants. The Committee is concerned about fraud committed by vendors and retail establishments in the SNAP and WIC programs and the corresponding loss of public tax dollars. Therefore, the Secretary is directed to certify that any newly approved application from a vendor/retailer to participate in WIC or SNAP does not include individuals or entities that have been permanently debarred from participating in either of the programs. Program Integrity and Identity Theft.--As part of USDA's effort to reduce fraud, ensure the integrity of its feeding programs, and safeguard the identities of participants in nutrition assistance programs, the Committee encourages the Secretary to provide a report on the prevalence of identity theft against nutrition program recipients and the need for identity theft protection educational materials to program providers and recipients. SNAP Dietary Offerings.--The Committee believes USDA should ensure that SNAP serves as a supplemental nutrition safety net as well as a means for low-income participants to improve their dietary intake. The Committee understands that USDA is conducting research into SNAP purchasing patterns, and requests an update by August 1, 2012, describing the market research as well as a projected completion date. Upon completion of the market research, USDA shall brief the Committee on its findings and a formal report transmitting the results of the research will be made to this Committee within 30 days of its completion. Lastly, the Under Secretary is directed to convene a meeting of stakeholders for the purpose of seeking input on ways to improve the diets of SNAP recipients. Food and Nutrition Service CHILD NUTRITION PROGRAMS (INCLUDING TRANSFERS OF FUNDS) 2012 appropriation.................................... $18,151,176,000 2013 budget estimate.................................. 19,694,000,000 Provided in the bill.................................. 19,656,500,000 Comparison: 2012 appropriation................................ +1,505,324,000 2013 budget estimate.............................. -37,500,000 COMMITTEE PROVISIONS For the Child Nutrition Programs, the Committee provides $19,656,500,000. Improper Payments.--As expressly noted during the FNCS appropriations hearing, the Committee continues to be concerned about the improper payment rates in the National School Lunch Program (NSLP) and National School Breakfast Programs (NSBP). According to GAO, the NSLP is one of four Federal Programs with the highest dollar estimates ($1,700,000,000) and highest error rates (16 percent) for improper payments. The NSBP is listed as the second highest improper payment error rate (25 percent or an estimated $705,000,000) for all Federal programs. While FNS and OIG study this issue to determine solutions to lower these improper payment rates, the Committee expects USDA to utilize funds from the State Administrative Expenses account to assist States and Local Educational Agencies in reducing verification errors, duplicate payments, fraud, and/or misrepresentation by program participants. Prioritization of Monitoring and Compliance Reviews.--The Committee directs the Secretary to allow States to vary the frequency of monitoring and compliance reviews of each school food authority based on past school performance, with no cycle extending more than five years. Congress granted the Secretary this flexibility in the Healthy, Hunger-Free Kids Act of 2008. The Committee further directs that no later than the second quarter of fiscal year 2013, and in close consultation with the Nation's governors, USDA must take regulatory action that implements congressional intent and provides States with the ability to vary inspection frequency based on past school performance. Summer Food Service Pilot Program.--Distressed counties in certain parts of the country face high levels of food insecurity that leave children vulnerable to hunger and decreased school performance. The Committee supports the efforts that authorize the Secretary to conduct demonstrations to test new models of preventing food insecurity and hunger among children during the summer months. The Committee urges the Secretary to cost effectively coordinate with States, non- profits, and other Federal agencies or commissions to replicate the positive outcomes from these models to promote food security in counties as defined in 40 U.S.C. 14102. The following table reflects the Committee recommendations for the child nutrition programs: [Dollars in Thousands] Child Nutrition Programs: School lunch program................................ $11,263,349 School breakfast program............................ 3,502,644 Child and adult care food program................... 2,916,755 Summer food service program......................... 440,905 Special milk program................................ 13,323 State administrative expenses....................... 289,702 Commodity procurement............................... 1,154,480 Food safety education............................... 2,575 Coordinated review.................................. 10,000 Computer support and processing..................... 10,746 CACFP training and technical assistance............. 7,675 CN Studies.......................................... 19,323 CN Payment Accuracy................................. 6,436 Farm to School Team................................. 2,083 Team Nutrition...................................... 15,004 Healthier US School Challenge....................... 1,500 -------------------------------------------------------- ____________________________________________________ Total............................................... 19,656,500 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) 2012 appropriation.................................... $6,618,497,000 2013 budget estimate.................................. 7,041,000,000 Provided in the bill.................................. 6,922,000,000 Comparison: 2012 appropriation................................ +303,503,000 2013 budget estimate.............................. -119,000,000 COMMITTEE PROVISIONS For the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), the Committee provides an appropriation of $6,922,000,000. The President's budget request includes a projection of an average monthly participation rate of 9.1 million women, infants, and children in fiscal year 2013. It is worth noting that the rolling twelve month average of participation declined in every month from June 2010 through December 2011. The average monthly participation for fiscal year 2011 was 8.96 million participants. The Committee is unaware of any particular economic indicators or programmatic changes that will cause participation to increase above the 8.96 million monthly participants in fiscal year 2012 or 2013. The Committee will continue to monitor WIC food costs, participation, and carry-over funds and take additional action as necessary to ensure that funding provided in fiscal year 2013 is sufficient to serve all eligible applicants. The Committee provides for continuation of the breastfeeding peer counselor program and investments in infrastructure and management information systems within the total amount provided in the bill, pending a determination by the Secretary that funds are available to meet caseload demand. Uniform Income Eligibility Standards.--The Committee is concerned that USDA's regulations regarding income eligibility determinations and corresponding allowable practices, including the definitions of income and household, use of programs acceptable for adjunctive or automatic eligibility, and income verification procedures, have created wide disparity among the States, Territories, and Tribal Organizations. Income definitions, adjunctive eligibility practices, and verification procedures for applicants vary by State or within a State as noted in USDA's April 2012 report entitled ``National Survey of WIC Participants II--Volume 2.'' WIC agencies use standard tables for Income Eligibility Guidelines, but the way in which income is defined and verified at the local agency can vary substantially. Income eligibility is set by statute at 185 percent of the Federal Poverty Level (FPL) for households ``of related or non-related individuals who are living together as one economic unit.'' While some State agencies may find administrative savings in the use of adjunctive eligibility, the Committee believes that income is inconsistently measured and verified by local WIC agencies across the country, potentially giving rise to a situation where WIC participants have incomes far in excess of the eligibility standard. The Committee directs FNS to issue instructions to all State agencies by October 1, 2012, which will ensure income eligibility uniformity across all States, Tribal Organizations, and U.S. Territories. WIC Food Cost Management.--The Committee supports USDA's efforts to rein in the cost of WIC food items in the State of California and elsewhere, but the Committee is concerned about the wide range of variation in average food costs per participant among the States and expects the Department to do more in this area. The Texas WIC program, which has the second largest percentage of program participants, has maintained the lowest average food cost per participant ($26.72) in the nation, with a 2010 average that was 36 percent below the national average. Furthermore, adjacent States may have an average food cost per participant that was far below the national average in 2010 ($33.33 per participant in New Hampshire) and an average that substantially exceeded the national average ($44.53 per participant in Vermont). Federal regulations require that State agencies implement a vendor peer group system, competitive price criteria, and maximum allowable reimbursement levels so that the program only pays competitive prices for foods. As demonstrated in USDA's oversight of the California program, USDA has the ability to intervene and require State agencies to reduce the maximum dollar amount the State agency reimburses for food items. The Committee directs the Department to report to the Committees on Appropriations no later than 60 days after the date of enactment of this Act on the steps USDA is taking to encourage additional cost- containment practices in the States and/or initiatives to reduce the maximum reimbursement rate where warranted. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 2012 appropriation.................................... $80,401,722,000 2013 budget estimate.................................. 81,995,293,000 Provided in the bill.................................. 79,993,795,000 Comparison: 2012 appropriation................................ -407,927,000 2013 budget estimate.............................. -2,001,498,000 COMMITTEE PROVISIONS For the Supplemental Nutrition Assistance Program (SNAP), the Committee provides $79,993,795,000. The total amount includes $3,000,000,000 for a contingency reserve in fiscal year 2013 and 2014 to be used only in the amount necessary. Healthy Incentives Pilot Program.--The Committee is interested in USDA's ongoing work to evaluate health and nutrition promotion in the SNAP program to determine if incentives provided to SNAP recipients at the point-of-sale increase the purchase of fruits, vegetables, or other healthful foods. USDA is directed to share those results with the Committee as soon as practicable. Brand Name Foods/SNAP Retailers.--The Committee is aware of SNAP vendor practices that alert SNAP participants of a retail outlet's approved status to accept SNAP benefits while simultaneously promoting branded products in the materials. The Committee encourages USDA to issue guidance to the States to prevent this type of promotion of any particular food brand. Prepared Foods/Beverages Purchased with SNAP Benefits.--The Committee is concerned that SNAP vendors are allowed to sell prepared food or drink with SNAP benefits beyond those allowances for the homeless, elderly, or physically disabled. The Committee directs USDA to tighten restrictions on SNAP eligibility for hot prepared foods and extend restrictions to other foods intended for immediate on-premise consumption, such as hot prepared beverages and fountain drinks. Fraud, Waste, and Abuse.--While SNAP provides a vital food security safety net to over 46 million people, the Committee is concerned about the dollar level associated with waste, fraud, and abuse in this immense Federal nutrition program. The Committee encourages the Department to go beyond current efforts to make further reductions in fraud and improper payment rates. Total SNAP obligations, including ARRA funds, in FY 2013 are estimated to be $77,223,166,000. According to USDA's estimates of a one percent fraud rate and a 3.04 percent overpayment rate, payments involving fraud and payments in excess of those legitimately due to beneficiaries would total approximately $3,119,816,000. Data Sharing.--The Committee urges USDA to require States to share SNAP recipient case data, including the appropriate use of the ALERT database, so USDA may determine whether individuals or households are receiving duplicative benefits in more than one State. To prevent the potential for fraud, the Secretary also is urged to use the FBI National Crime Information Center database as part of the process in determining authorization of SNAP retailers and use its suspension and debarment authority to prevent repeat offenders from re-entering and defrauding SNAP or any other Federal program. The Committee directs USDA to submit a report to the House and Senate Committees on Appropriations by October 1, 2012, detailing plans to prevent future fraud and improper payments, including efforts to debar or exclude both vendors and participants from the receipt of benefits if found guilty of fraud or abuse. The following table reflects the Committee recommendations for the Supplemental Nutrition Assistance Program: [Dollars in Thousands] Supplemental Nutrition Assistance Program Account: Benefits*........................................... $75,159,564 Contingency Reserve................................. 3,000,000 Administrative Costs: State Administrative Costs.......................... 3,866,855 Nutrition Education and Obesity Prevention Grant Program........................................... 396,000 Employment and Training............................. 406,306 Mandatory Other Program Costs....................... 140,123 Discretionary Other Program Costs................... 998 Total Administrative Subtotal............... 4,810,282 Nutrition Assistance for Puerto Rico (NAP)*......... 2,000,568 American Samoa*..................................... 8,034 Food Distribution Program for Indian Reservations... 100,156 TEFAP Commodities................................... 269,500 Commonwealth of the Northern Mariana Islands........ 12,148 Community Food Project.............................. 5,000 Program Access...................................... 5,000 Subtotal.................................... 2,400,406 ARRA Benefits....................................... -5,376,457 Total....................................... 79,993,795 *Totals include ARRA benefits: $5,274,755,000 for core SNAP; $101,296,000 for Nutrition Assistance for Puerto Rico; and, $406,000 for American Samoa. --------------------------------------------------------------------------- COMMODITY ASSISTANCE PROGRAM 2012 appropriation.................................... $242,336,000 2013 budget estimate.................................. 253,952,000 Provided in the bill.................................. 237,489,000 Comparison: 2012 appropriation................................ -4,847,000 2013 budget estimate.............................. -16,463,000 COMMITTEE PROVISIONS The Committee provides an appropriation of $237,489,000 for the Commodity Assistance Program. The recommended funding level for the Commodity Supplemental Food Program (CSFP) is $173,252,000. The Committee recommendation includes $16,217,000 for the Farmers' Market Nutrition Program. The Committee has included $47,040,000 for administrative funding for the Emergency Food Assistance Program (TEFAP). For the Food Donations Programs, the Committee provides an appropriation of $980,000 for Pacific Island Assistance. TEFAP Handling and Distribution Costs.--In addition to the grant funds to support commodity handling and distribution costs, the bill permits States to use up to 10 percent of the funds provided for purchasing TEFAP commodities to help with the costs of storing, transporting, and distributing commodities. The Committee expects State agencies to consult with their emergency feeding organizations on the need for the conversion of such funds. NUTRITION PROGRAMS ADMINISTRATION 2012 appropriation.................................... $138,500,000 2013 budget estimate.................................. 143,505,000 Provided in the bill.................................. 135,730,000 Comparison: 2012 appropriation................................ -2,770,000 2013 budget estimate.............................. -7,775,000 COMMITTEE PROVISIONS For Nutrition Programs Administration, the Committee provides $135,730,000. TITLE V FOREIGN ASSISTANCE AND RELATED PROGRAMS Foreign Agricultural Service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) ---------------------------------------------------------------------------------------------------------------- transfer from appropriation export loan total account ---------------------------------------------------------------------------------------------------------------- 2012 appropriation.............................................. $176,347,000 $6,465,000 $182,812,000 2013 budget estimate............................................ 176,789,000 6,452,000 183,241,000 Provided in the bill............................................ 172,820,000 6,336,000 179,156,000 Comparison: 2012 appropriation.......................................... -3,527,000 -129,000 -3,656,000 2013 budget estimate........................................ -3,969,000 -116,000 -4,085,000 ---------------------------------------------------------------------------------------------------------------- COMMITTEE PROVISIONS For the Foreign Agricultural Service (FAS), the Committee provides an appropriation of $172,820,000 and transfers of $6,336,000. The Committee directs the Secretary, through the Office of Budget and Program Analysis, in consultation with the Administrator of the U.S. Agency for International Development, to submit quarterly reports to the Committee on the status of the Bill Emerson Humanitarian Trust, as well as immediately notify the Committee when the Trust has been drawn down. Reconstruction and Stabilization Activities.--The Committee does not include funding for agricultural reconstruction and stabilization activities. While the Committee provides support for developmental projects through P.L. 480, Title II funds, the Committee believes that reconstruction and stabilization activities should continue to be supported through other existing programs and accounts in the U.S. Government. FAS needs to focus on an enhanced strategic plan and direction for agriculture trade policy and urges the Department to take a more proactive role in developing such a policy. Food for Peace Title I Direct Credit and Food for Progress Program Account (INCLUDING TRANSFERS OF FUNDS) 2012 appropriation.................................... $2,500,000 2013 budget estimate.................................. 2,806,000 Provided in the bill.................................. 2,450,000 Comparison: 2012 appropriation................................ -50,000 2013 budget estimate.............................. -356,000 COMMITTEE PROVISIONS For the administrative expenses to carry out the credit program of Food for Peace Title I, Food for Peace Act and the Food for Progress Act, the Committee provides an appropriation of $2,450,000. Food for Peace Title II Grants 2012 appropriation.................................... $1,466,000,000 2013 budget estimate.................................. 1,400,000,000 Provided in the bill.................................. 1,149,680,000 Comparison: 2012 appropriation................................ -316,320,000 2013 budget estimate.............................. -250,320,000 For Food for Peace Title II grants, the Committee provides $1,149,680,000. Oversight of Private Voluntary Organizations (PVO)/Non- Governmental Organizations (NGO).--The Committee believes that the U.S. Government's overall ability to successfully provide emergency food aid and developmental assistance to developing nations is possible with the help of local and international nongovernmental organizations and the United Nations World Food Program. Regardless of the form of aid, the Committee requires that the funds provided in this bill be appropriately and efficiently managed by these PVOs and NGOs. The GAO and USAID's OIG have found inefficiencies in the monetization of food as well as the inability to determine whether or not an in-country project met the original performance goals. The Committee directs USDA to work with USAID to provide a report within 90 days of enactment of this Act that explains how the agencies currently evaluate the financial controls and performance delivery of NGOs and PVOs that receive P.L. 480, Title II resources. CCC EXPORT LOANS PROGRAM ACCOUNT ADMINISTRATIVE EXPENSES 2012 appropriation.................................... $6,820,000 2013 budget estimate.................................. 6,806,000 Provided in the bill.................................. 6,684,000 Comparison: 2012 appropriation................................ -136,000 2013 budget estimate.............................. -122,000 COMMITTEE PROVISIONS For administrative expenses of the Commodity Credit Corporation Export Loans Program Account, the Committee provides an appropriation of $6,684,000. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM GRANTS 2012 appropriation.................................... $184,000,000 2013 budget estimate.................................. 184,000,000 Provided in the bill.................................. 180,320,000 Comparison: 2012 appropriation................................ -3,680,000 2013 budget estimate.............................. -3,680,000 COMMITTEE PROVISIONS For McGovern-Dole International Food for Education and Child Nutrition Program Grants, as authorized by Section 3107 of P.L. 107-171 (7 U.S.C. 1736o-1), the Committee provides an appropriation of $180,320,000. TITLE VI RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration SALARIES AND EXPENSES [Dollars in Thousands] ------------------------------------------------------------------------ total, FDA appropriation user fees S&E ------------------------------------------------------------------------ 2012 appropriation........... $2,497,021 $1,291,315 $3,788,336 2013 budget estimate......... 2,511,991 1,353,925 3,865,916 Provided in the bill......... 2,480,766 1,353,925 3,834,691 Comparison: 2012 appropriation....... -16,255 +62,610 +46,355 2013 budget estimate..... -31,225 0 -31,225 ------------------------------------------------------------------------ COMMITTEE PROVISIONS The Committee provides an appropriation of $2,480,766,000 in new budget authority for the Food and Drug Administration (FDA). In addition, the Committee recommends $30,530,000 in animal drug user fees; $7,595,000 in generic animal drug user fees; $15,367,000 in food reinspection user fees; $12,925,000 in food and feed export certification user fees; $505,000,000 in tobacco product user fees, and assumes the reauthorization of prescription drug and medical device user fees for total salaries and expenses of $3,834,691,000. This total does not include estimates of $19,318,000 for mammography user fees and $12,447,000 for export certification user fees. The Committee notes that generic drug and biosimilars user fees legislation is pending before the authorizing committee and will make adjustments to the provisions in this bill upon enactment of such fees. The estimated fiscal year 2013 collections for these fees are $299,000,000 for generic drugs and $20,242,000 for biosimilars. The Committee recommendation includes an increase of $10,822,000 above the budget request for FDA food safety; $10,000,000 for food and drug inspections in China; and an increase of $3,500,000 for advancing medical countermeasures. The Committee recommendation includes the proposed savings of $19,706,000 due to data and information technology consolidation, but only attributes $941,000 of these savings to the foods program. The Committee recommendation does not include proposed user fees for food establishment registration, food contact notification, medical product re-inspection, cosmetics, and international courier imports. Spending Plans.--Within 30 days from the enactment of this Act, the Commissioner shall notify the Committees on Appropriations of both Houses of Congress on the allocation of the funds provided herein by account and within each account by program, project, and activity. Nutrition Labeling.--The Committee remains concerned with the proposed rule that FDA issued on April 6, 2011, to regulate Nutrition Labeling of Standard Menu Items at Chain Restaurants. The proposed rule includes establishments that are not primarily in the business of selling food for immediate consumption or selling food that is prepared or processed on the premises. These establishments are not similar to restaurants and should not fall within the definition of the term ``similar retail food establishment''. The Committee urges FDA to use the proposed alternative ``Option 2'' definition in the rule to mean only restaurants or retail establishments where the primary and majority of business is the selling of food for consumption or the selling of food that is processed or prepared on the premises. Bacterial Contamination of Blood.--The Committee is aware that bacterial contamination of blood platelets is a risk for blood transfusion recipients. The Committee also is aware of a recent study that showed the vast majority of bacterially contaminated platelets are being missed by culture testing and that bacterial testing of platelets on the day of transfusion using an existing FDA approved technology may be beneficial to some transfusion recipients. The Committee directs FDA to provide a report to the Committees on Appropriations of both Houses of Congress, within 90 days of enactment of this Act, on the need to make the medical community aware of the safety risks to transfusion patients from bacterially contaminated platelets and to determine what further actions FDA should take to reduce the risk of this type of infection. Seafood Advisory.--The Committee is concerned that FDA has not published a final seafood advisory as directed in House Report 112-101 and Senate Report 112-73. The Committee directs FDA to issue a final seafood advisory consistent with USDA's dietary guidelines by July 31, 2012. The Committee directs the FDA Commissioner to notify the Committee in writing prior to this date if this directive will not be met and include the reasons for not meeting it. Prescription Drug Inserts.--The Committee is concerned about an FDA proposal that would eliminate printed inserts for prescription drugs and replace them with a solely electronic system and urges FDA to consider a system that uses an electronic format in addition to paper, rather than in lieu of paper. Regulations.--The Committee understands that on December 20, 2010, FDA announced its intention to make cigars subject to Chapter IX of the Federal Food, Drug, and Cosmetic Act. The Committee reminds FDA that premium cigars have unique characteristics and cost prohibitive price points and are not marketed to kids. Any effort to regulate cigars should take these items into consideration. Global Health.--The Committee recognizes the critical contribution that FDA's global health research, development funding, and leadership in licensing health technologies make to improve global health. The Committee also recognizes the need to sustain and support U.S. investment in this area by providing funding to FDA to carry out this work. The Committee directs FDA to submit a report to the Committees on Appropriations of the House of Representatives and the Senate, within 60 days of enactment of this Act, outlining the implementation of the findings and recommendations in the Report to Congress referred to in paragraphs (2) and (3) of section 740(c) of Public Law 111-80. The Committee also urges FDA to make the necessary modifications to include Chagas disease in its list of neglected diseases in line with the World Health Organization list of neglected and tropical diseases. Pediatric Cancer.--The Committee notes that cancer remains the leading cause of disease-related death in children, that the incidence of childhood cancer is increasing, and that more effective and less toxic treatments are needed. The Committee encourages FDA to collaborate with industry and the pediatric cancer community to promote the development of new therapies. Tanning Devices.--The March 2010 meeting of the General and Plastic Surgery Devices Panel of the Medical Devices Advisory Committee recommended more accurate classification of tanning devices to save lives. FDA is encouraged to quickly promulgate an interim final rule to reclassify tanning devices. Centers of Excellence.--The Committee is aware of the important support provided to FDA's food and veterinary medicine programs and through its research and program relations with their centers of excellence. The Committee encourages FDA to maintain an appropriate funding level for both Food Safety Modernization Act related activities and the base work performed by these centers. Gluten-free Rulemaking.--The Committee is aware of FDA's intention to issue a final rule by the end of 2012 to define gluten-free labeling of foods. The Committee encourages FDA to work with USDA to assist its agencies in adopting the definition of gluten-free set by the FDA final rule to provide uniform labeling requirements and best protect consumers with celiac disease and other conditions. Antibacterial Resistance.--To assist efforts intended to curb antibacterial resistance, the Committee directs the Secretaries of Agriculture and Health and Human Services to require agencies to: (1) seek public comment on collecting more detailed sales and distribution data for antibacterial drugs approved for use in food-producing animals, including estimates of the amount sold or distributed in specific animal species; (2) seek public comment on alternative methods for obtaining additional data and information about the extent of antibacterial drug use in food-producing animals; and (3) based on input received, work collaboratively to develop a strategy for implementing the best approach. The Committee further directs FDA to ensure that the Agricultural Research Service continues to analyze, characterize, and report on data collected through NARMS. Mammography Quality Assurance.--The Committee urges FDA to quickly follow up on the November 2011 meeting of the National Mammography Quality Assurance Advisory Committee by promptly reviewing the evidence supporting the inclusion of information related to an individual's breast density in the mammogram lay report and physician report. Food Safety Rulemaking.--The Committee is aware the Administration missed the January 4, 2012, statutory deadline for publishing a notice of proposed rulemaking for fresh produce safety standards and final regulations on the content of the Foreign Supplier Verification Program for imported food. The Committee encourages the Administration to meet the statutory timelines for implementing P.L. 111-353 and expects FDA to follow a timeline for issuing rulemakings consistent with the sequence and logistics of establishing requirements for a preventive controls framework for domestic and imported foods. The Committee directs FDA to submit a report within 180 days of enactment of this Act that describes the justification for any proposed rule or final regulation being 60 days or more beyond the timeline. The Committee further directs FDA to continue to provide such report at the same time that the agency submits its annual budget justification to the Committee. Pathway to Global Product Safety.--The Committee directs FDA to provide a report by June 1, 2013, on the implementation of the Pathway to Global Product Safety and Quality initiative. Dietary Supplements.--The Committee notes that FDA released draft guidance in July 2011 on New Dietary Ingredients (NDI) for Dietary Supplements. Though the Committee wants to ensure that dietary supplements are safe, it is concerned that the draft guidance is being utilized by FDA for enforcement activities against manufacturers despite the guidance only being in draft form, containing nonbinding recommendations, and for comment purposes only. The Committee urges FDA to withdraw the July 2011 NDI draft guidance and re-engage the dietary supplement community to develop a new guidance on what constitutes NDI. Food Contact Notification.--The Committee directs FDA to maintain the fiscal year 2012 funding level for the Food Contact Notification program. Nutritional Ratings Systems.--The Committee is concerned about the use of nutritional rating and front of package claims in the marketplace. To promote public health and facilitate consumer understanding, such information should be consistent with the Institute of Medicine's recommendations for front of package nutrition rating systems and symbols and the Dietary Guidelines for Americans and based on criteria that are public and readily available to consumers. Further, such systems and symbols should be evaluated by FDA to ensure their usefulness for American consumers, consistency with FDA nutrition programs, and compliance with relevant FDA food labeling requirements. The Committee directs FDA to provide a report regarding its plans to establish guidance for developing such systems and to provide the Committee a timetable for issuing such guidance. BUILDINGS AND FACILITIES 2012 appropriation.................................... $8,788,000 2013 budget estimate.................................. 5,320,000 Provided in the bill.................................. - - - Comparison: 2012 appropriation................................ -8,788,000 2013 budget estimate.............................. -5,320,000 COMMITTEE PROVISIONS The Committee does not provide an appropriation for this account. INDEPENDENT AGENCIES Commodity Futures Trading Commission 2012 appropriation.................................... $205,294,000 2013 budget estimate.................................. 308,000,000 Provided in the bill.................................. 180,405,000 Comparison: 2012 appropriation................................ -24,889,000 2013 budget estimate.............................. -127,595,000 COMMITTEE PROVISIONS For the Commodity Futures Trading Commission, the Committee provides an appropriation of $180,405,000, of which $32,000,000 is for the purchase of information technology. Spending Plans.--Within 15 days from the enactment of this Act, the Chairman shall notify the Committees on Appropriations of the House of Representatives and the Senate on the allocation of the funds provided herein by account and within each account by program, project, and activity. The plan should be similar in format to that provided to the Committee for fiscal year 2012. Financial Management.--The Committee is aware of a Reduction-in-Force (RIF) made by the Commission regarding its Administrative Law Judges program in the latter part of fiscal year 2011. The Commission justified this RIF as a cost-saving measure in excess of $500,000. This action not only augmented an existing activity, reduced personnel by more than 10 percent, and resulted in a general cost savings from personnel reduction but also reorganized an office and eliminated an entire program. The Administrative Law Judges program was an essential function of the Office of Proceedings as authorized by Congress and detailed in the Commission's fiscal year 2011 Budget Request. An in-house, independent judicial review capability is essential for the Commission's core mission. The Commission failed to notify the Committee of this reprogramming, directly violating Section 712 of P.L. 111-80. The Committee is further concerned that such action may have violated the Anti-Deficiency Act. As a result, the Committee requests the Government Accountability Office investigate this situation, report to the Committees on whether the Commission's action violated these laws, and identify all actions taken or recommended to be taken to address and correct any violation. Hiring Practices.--The Committee is concerned about the Commission's hiring practices while operating under a Continuing Resolution at the outset of the past two fiscal years. The Committee directs the Commission to refrain from excessive hiring while operating under a Continuing Resolution. Cost-Benefit Analysis.--The Committee remains concerned about the Commission's lack of strong cost-benefit analyses. In its 38-year history, not a single lawsuit had been brought against the Commission stemming from its cost-benefit analyses; however, two major lawsuits have recently been filed based on the application of Section 15(a) of the Commodity Exchange Act. These lawsuits reallocate scarce resources away from the core functions of the Commission. The Committee is encouraged by the signing of a Memorandum of Understanding between the Commission and the Office of Information and Regulatory Affairs (OIRA) dated May 9, 2012, allowing technical assistance to be given to the Commission by OIRA staff. The Committee directs the Commission to receive technical assistance in the cost-benefit process from OIRA on all future rulemakings. Further, the Committee is concerned about overlapping provisions and regulations in the Dodd-Frank Wall Street Reform and Consumer Protection Act and includes bill language to provide a report to the Committees of jurisdiction. Farm Credit Administration LIMITATION ON ADMINISTRATIVE EXPENSES 2012 limitation....................................... ($61,000,000) 2013 budget estimate.................................. (63,300,000) Provided in the bill.................................. (59,780,000) Comparison: 2012 limitation................................... -1,220,000 2013 budget estimate.............................. -3,520,000 COMMITTEE PROVISIONS For a limitation on the expenses of the Farm Credit Administration, the Committee provides $59,780,000. FCA Administrative Expenses.--The Committee is concerned about the increases in FCA's administrative expenses since fiscal year 2009, its growing assessments on Farm Credit System institutions and Farmer Mac, large carryover amounts, and the significant balance in its interest reserve fund. The Committee directs the agency to reassess its budget and reserve strategy and to provide a detailed accounting of its finances by August 1, 2012. TITLE VII GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) The General Provisions contained in the accompanying bill for fiscal year 2013 are fundamentally the same as those included in last year's appropriations bill. The following general provisions are included in the bill: Section 701: Limitation on the purchase of passenger motor vehicles. Section 702: Transfer authority regarding the Working Capital Fund. Section 703: Limitation on certain obligations. Section 704: Indirect cost rates for cooperative agreements with nonprofit institutions. Section 705: Disbursement of rural development loans. Section 706: Authority of the Chief Information Officer relating to new IT systems. Section 707: Availability of mandatory conservation program funding. Section 708: Rural Utility Service borrower eligibility. Section 709: Indirect costs related to research grants. Section 710: Availability of agency funds for information technology purposes. Section 711: Funding availability for liquid infant formula. Section 712: Prohibition on first-class airline travel. Section 713: Use of funds authorized by the Commodity Credit Corporation Act. Section 714. Use of funds for humanitarian food assistance programs. Section 715: Disbursement of loans made under the Rural Electrification Act. Section 716: Limitation on funds for commodities under the Bill Emerson Humanitarian Trust. Section 717: Funding for advisory committees. Section 718: Indirect costs for competitive agricultural research grants. Section 719: Regulations under the Grain Inspection, Packers and Stockyards Administration. Section 720: Rescission of certain unobligated balances. Section 721: Language regarding certain limitations. Section 722: Rescission and limitation on certain funds. Section 723: Language on user fee proposals without offsets. Section 724: Language on reprogramming. Section 725: Language on fees for the business and industry guaranteed loan program. Section 726: Language on questions for the record. Section 727: Language regarding prepackaged news stories. Section 728: Language on prohibition on paid details in excess of 30 days. Section 729: Language regarding grants and loans to corporations convicted of a felony. Section 730: Language regarding grants and loans to corporations with a Federal tax liability. Section 731: Language on controls over humanitarian food assistance. Section 732: Language on the mohair program. Section 733: Language regarding regulation of certain agricultural products. Section 734: Language on dam mitigation. Section 735: Rescission of certain unobligated balances. Section 736: Rescission of certain unobligated balances. Section 737: Language regarding the Grasslands Reserve Program. Section 738: Language regarding the Wetlands Reserve Program. Section 739: Language regarding servicing of Rural Housing Service loans. Section 740: Rescission of certain unobligated balances. Section 741: Rescission of certain unobligated balances. Section 742: Language on farm payments. Section 743: Language on WIC. Section 744: Language on horse slaughter. Section 745: Spending Reduction Account. HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS CONSTITUTIONAL AUTHORITY Clause 6(e) of the Rules of the Appropriations Committee requires each committee report on a public bill or joint resolution to contain a statement citing the specific powers granted to Congress in the Constitution to enact the law proposed by the bill or joint resolution. The Committee on Appropriations bases its authority to report this legislation on clause 7 of section 9 of article I of the Constitution of the United States, which states ``No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. . . .'' Appropriations contained in this Act are made pursuant to this specific power granted by the Constitution. TRANSFER OF FUNDS Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following lists the transfers of unexpended balances included in the accompanying bill. 1. Agriculture Buildings and Facilities and Rental Payments.--The bill allows funds to be transferred to recover the full cost of space and security expenses. 2. Hazardous Materials Management.--The bill allows the funds appropriated to the Department for hazardous materials management to be transferred to agencies of the Department as required. 3. Departmental Administration.--The bill requires reimbursement for expenses related to certain hearings. 4. Office of the Assistant Secretary for Congressional Relations.--The bill allows a portion of the funds appropriated to the Office of the Assistant Secretary to be transferred to agencies. 5. Animal and Plant Health Inspection Service.--Authority is included to enable the Secretary of Agriculture to transfer from other appropriations or funds of the Department such sums as may be necessary to combat emergency outbreaks of certain diseases of animals, plants, and poultry. 6. Funds for Strengthening Markets, Income, and Supply.-- The bill limits the transfer of section 32 funds to purposes specified in the bill. 7. Farm Service Agency Salaries and Expenses.--The bill provides that funds provided to other accounts in the agency may be merged with the salaries and expenses account of the Farm Service Agency. 8. Dairy Indemnity Program.--The bill authorizes the transfer of funds to the Commodity Credit Corporation, by reference. 9. Commodity Credit Corporation.--The bill includes language allowing certain funds to be transferred to the Foreign Agricultural Service for information resource management activities. 10. Rural Development Salaries and Expenses.--The bill provides that prior year balances from certain accounts shall be transferred to and merged with this account. 11. Rural Community Facilities Program Account, Rural Business Program Account, and Rural Water and Waste Disposal Program Account.--The bill provides that balances from the Rural Community Advancement Program may be transferred to and merged with these accounts. 12. Child Nutrition Programs.--The bill includes authority to transfer section 32 funds to these programs. 13. Foreign Agricultural Service Salaries and Expenses.-- The bill allows for the transfer of funds from the Commodity Credit Corporation Export Loan Program Account. 14. Food for Peace Title I Direct Credit and Food for Progress Program Account.--The bill allows funds to be transferred to the Farm Service Agency, Salaries and Expenses account. The bill also provides that funds made available for the cost of title I agreements and for title I ocean freight differential may be used interchangeably. 15. Commodity Credit Corporation Export Loans Program.--The bill provides for transfer of funds to the Foreign Agricultural Service and to the Farm Service Agency for overhead expenses associated with credit reform. 16. Food and Drug Administration, Salaries and Expenses.-- The bill allows funds to be transferred among activities. 17. General Provisions.--The bill allows unobligated balances of discretionary funds to be transferred to the Working Capital Fund. CHANGES IN THE APPLICATION OF EXISTING LAW Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the House of Representatives, the following statements are submitted describing the effect of provisions in the accompanying bill that directly or indirectly change the application of existing law. The bill includes a number of provisions which place limitations on the use of funds in the bill or change existing limitations and which might, under some circumstances, be construed as changing the application of existing law: 1. Office of the Secretary.--Language is included to limit the amount of funds for official reception and representation expenses, as determined by the Secretary. 2. Departmental Administration.--Language is included to reimburse the agency for travel expenses incident to the holding of hearings. 3. Agricultural Research Service.--Language is included that allows the Agricultural Research Service to grant easements at the Beltsville, MD, agricultural research center. 4. Agricultural Research Service.--Language is included that allows the Agricultural Research Service to grant easements and accept as a gift facilities constructed by private entities for agricultural research that benefits the public. 5. Animal and Plant Health Inspection Service.--A provision carried in the bill since fiscal year 1973 regarding state matching funds has been continued to assure more effective operation of the brucellosis control program through state cost sharing, with resulting savings to the Federal budget. Language is included to allow APHIS to recoup expenses incurred from providing technical assistance goods, or services to non-APHIS personnel, and to allow transfers of funds for Agricultural emergencies. Language is included to limit the amount of funds for representational allowances. 6. Agricultural Marketing Service, Limitation on Administrative Expenses.--The bill includes language to allow AMS to exceed the limitation on administrative expenses by 10 percent with notification to the Appropriations Committees. This allows flexibility in case crop size is understated and/or other uncontrollable events occur. 7. Grain Inspection, Packers and Stockyards Administration, Inspection and Weighing Services.--The bill includes authority to exceed the limitation on inspection and weighing services by 10 percent with notification to the Appropriations Committees. This allows for flexibility if export activities require additional supervision and oversight, or other uncontrollable factors occur. 8. Dairy Indemnity Program.--Language is included by reference that allows the Secretary to utilize the services of the Commodity Credit Corporation for the purpose of making dairy indemnity payments. 9. Agricultural Credit Insurance Fund Program Account.-- Language is included that deems the pink bollworm a boll weevil for the purposes of administering the boll weevil loan program. 10. Risk Management Agency.--Language is included to limit the amount of funds for official reception and representation expenses. 11. Commodity Credit Corporation Fund.--Language is included to provide for the reimbursement appropriation. Language is also included to allow certain funds transferred from the Commodity Credit Corporation to be used for information resource management. In addition, language is included which limits the amount of funds that can be spent on operation and maintenance costs of CCC hazardous waste sites. 12. Natural Resources Conservation Service--Conservation Operations.--Language which has been included in the bill since 1938 prohibits construction of buildings on land not owned by the government, although construction on land owned by states and counties is authorized by basic law. 13. Rural Development Salaries and Expenses.--Language is included to allow funds to be used for advertising and promotional activities. 14. Rental Assistance Program.--Language is included which provides that agreements entered into during the current fiscal year be funded for a one-year period. 15. Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).--Language is included to purchase infant formula except in accordance with law and pay for activities that are not fully reimbursed by other departments or agencies unless authorized by law. 16. Supplemental Nutrition Assistance Program.--Language is included on funds availability for Employment and Training and to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity. 17. Foreign Agricultural Service.--Language carried since 1979 enables this agency to use funds received by an advance or by reimbursement to carry out its activities involving international development and technical cooperation. Language is included to limit the amount of funds for official reception and representation expenses. 18. Commodity Futures Trading Commission.--Language is included to limit the amount of funds for official reception and representation expenses. 19. General Provisions.-- Section 704: This provision provides that none of the funds in this Act may be made available to pay indirect cost rates on cooperative agreements with nonprofit institutions in excess of 10 percent of total direct costs. Section 705: This provision allows funds made available in the current fiscal year for the Rural Development Loan Fund program account; the Rural Electrification and Telecommunications Loans program account; and the Rural Housing Insurance Fund program account to remain available until expended to disburse obligations. Section 706: Language is included that requires approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board for acquisition of new information technology systems or significant upgrades, and that prohibits the transfer of funds to the Office of the Chief Information Officer without the notification of the Committees on Appropriations of both Houses of Congress. Section 707: Language is included regarding the availability of funds for certain conservation programs. Section 708: Language is included regarding certain Rural Utilities Service Programs. Section 709: Language is included regarding indirect costs to grants made under section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998. Section 710: Language is included that allows unobligated balances of the Farm Service Agency and Rural Development mission areas to be used for information technology purposes. Section 711: Language is included regarding reconstituted liquid concentrate infant formula issuance to WIC participants. Section 712: Language is included regarding the prohibition of first-class travel by the employees of agencies funded in this Act. Section 713: Language is included regarding the use of authorities of the Commodity Credit Corporation. Section 714: Language is included regarding the use of funds for emergency humanitarian food assistance. Section 715: Language is included regarding the disbursement of valid obligations for certain Rural Electrification Loans. Section 716: Language is included that limits funds for commodities under the Bill Emerson Humanitarian Trust. Section 717: Language is included that limits the amount of spending for USDA Advisory Committees. Section 718: Language is included modifying matching requirements for certain research grants. Section 719: Language is included regarding regulations under the Packers and Stockyards Act. Section 720: Language is included regarding the rescission of certain unobligated balances. Section 721: Language is included regarding limitation on certain funds. Section 722: Language is included that limits and rescinds section 32 balances. Section 723: Language is included that prohibits funds from being used to prepare a budget submission to Congress that assumes reductions from the previous year's budget due to user fee proposals unless the submission also identifies spending reductions which should occur if the user fees are not enacted. Section 724: Language is included that requires certain reprogramming procedures of funds provided in Appropriations Acts. Section 725: Language is included regarding fees for the business and industry guaranteed loan program. Section 726: This provision prohibits the Department of Agriculture or the Food and Drug Administration from transmitting or making available to any non-Department of Agriculture or non-Department of Health and Human Services employee questions or responses to questions that are a result of information requested for the appropriations hearing process. Section 727: Language regarding prepackaged news stories. Section 728: This provision prohibits any employee of the Department of Agriculture from being detailed or assigned to any other agency or office of the Department for more than 30 days 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. Section 729: Language is included on Federal grants, loans, and contracts to corporations convicted of a felony under State or Federal law. Section 730: Language is included on grants, loans, and contracts to corporations with a Federal tax liability. Section 731: Language is included regarding controls over humanitarian food assistance. Section 732: Language is included regarding the mohair program. Section 733: Language is included regarding the regulation of certain agricultural products. Section 734: Language is included regarding certain dam mitigation projects. Section 736: Language is included rescinding certain unobligated balances. Section 737: Language in included regarding the Grasslands Reserve Program. Section 738: Language is included regarding the Wetlands Reserve Program. Section 739: Language is included regarding the servicing of Rural Housing Service loans. Section 742: Language on farm payments. Section 743: Language on WIC. Section 744: Language on horse slaughter. Section 745: Spending Reduction Account. DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS Neither the bill nor the report contains any Congressionally directed earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9 of rule XXI. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding. The Committee on Appropriations considers program performance, including a program's success in developing and attaining outcome-related goals and objectives, in developing funding recommendations. COMPLIANCE WITH RULE XIII, CL. 3(E) (RAMSEYER RULE) In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): FOOD SECURITY ACT OF 1985 * * * * * * * TITLE XII--CONSERVATION * * * * * * * Subtitle D--Agricultural Resources Conservation Program CHAPTER 1--COMPREHENSIVE CONSERVATION ENHANCEMENT PROGRAM * * * * * * * Subchapter C--Wetlands Reserve Program SEC. 1237. WETLANDS RESERVE PROGRAM. (a) * * * * * * * * * * (c) Eligibility.--For purposes of enrolling land in the wetland reserve established under this subchapter during the 1991 through [2012] 2014 fiscal years, private or tribal land shall be eligible to be placed into such reserve if the Secretary, in consultation with the Secretary of the Interior at the local level, determines that-- (1) * * * * * * * * * * CHAPTER 2--CONSERVATION SECURITY AND FARMLAND PROTECTION * * * * * * * Subchapter D--Grassland Reserve Program SEC. 1238N. GRASSLAND RESERVE PROGRAM. (a) * * * (b) Enrollment of Acreage.-- (1) Acreage enrolled.--The Secretary shall enroll an additional 1,220,000 acres of eligible land in the program during fiscal years 2009 through [2012] 2014. * * * * * * * Subtitle E--Funding and Administration SEC. 1241. COMMODITY CREDIT CORPORATION. (a) In General.--For each of fiscal years 2002 through 2012 (and fiscal year 2014 in the case of the programs specified in paragraphs (2), (3)(B), (4), (5), (6), and (7)), the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under subtitle D (including the provision of technical assistance): (1) * * * * * * * * * * APPROPRIATIONS NOT AUTHORIZED BY LAW Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law for the period concerned: APPROPRIATIONS NOT AUTHORIZED BY LAW AND EXPIRING AUTHORIZATIONS [Dollars in Thousands] ---------------------------------------------------------------------------------------------------------------- Appropriations in Agency/Program Last year of Authorization last year of Appropriations authorization level authorization in this bill ---------------------------------------------------------------------------------------------------------------- Programs not currently authorized by law or expiring on or before September 30, 2012. Farm Service Agency: Dairy Indemnity Program.................. 9/30/2012 Such sums Such sums Such sums Beginning Farmer and Rancher Individual 9/30/2012 $5,000 0 0 Development Accounts Pilot Program...... Food and Nutrition Service: Supplemental Nutrition Assistance Program 9/30/2012 Such sums $80,401,722 $79,993,795 Commodity Supplemental Food Program...... 9/30/2012 Prior year 176,788 173,252 caseload The Emergency Food Assistance Program.... 9/30/2012 100,000 48,000 47,040 Foreign Agricultural Service: McGovern-Dole International Food for 9/30/2012 Such sums 184,000 180,320 Education Program....................... National Institute of Food and Agriculture: Expanded Food and Nutrition Education 9/30/2012 90,000 67,934 66,099 Program................................. Grants to upgrade facilities at 1890 9/30/2012 25,000 19,730 19,197 institutions............................ Education grants for Hispanic-serving 9/30/2012 40,000 9,219 9,034 institutions............................ Extension service........................ 9/30/2012 Such sums 475,183 454,707 Integrated research, education and 9/30/2012 Such sums 21,482 21,052 extension competitive grants program.... 1994 institution research grants......... 9/30/2012 Such sums 1,801 1,764 Grants for insular areas................. 9/30/2012 Such sums 1,650 1,650 Renewable Resources Extension Act........ 9/30/2012 30,000 3,700 3,600 Agriculture and Food Research Initiative. 9/30/2012 700,000 264,470 276,515 Grants and fellowships for food and 9/30/2012 60,000 9,000 10,000 agricultural sciences education......... Rural Business-Cooperative Service: Value-added Agricultural Product Market 9/30/2012 40,000 14,000 10,000 Development Grants...................... Rural Cooperative Development Grants..... 9/30/2012 50,000 5,800 4,500 Appropriate Technology Transfer for Rural 9/30/2012 5,000 2,250 2,205 Areas................................... Rural Microenterpreneur Assistance 9/30/2012 40,000 3,356 0 Program................................. Rural Energy for America Program......... 9/30/2012 25,000 3,400 3,332 Rural Housing Service: Tribal College and University essential 9/30/2012 10,000 3,369 3,302 community facilities.................... Multi-family Housing Revitalization 9/30/2012 13,000 13,000 12,740 Program................................. Rural Utilities Service: Distance Learning and Telemedicine....... 9/30/2012 100,000 21,000 15,000 Access to broadband telecommunication 9/30/2012 25,000 6,000 2,000 services in rural areas................. Broadband Telecommunications Grants...... 9/30/2012 10,372 10,372 10,165 ---------------------------------------------------------------------------------------------------------------- Note: List does not include expiring programs for which no funding is requested in the 2013 President's Budget.RESCISSIONS Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House of Representatives, the following lists the rescissions of unexpended balances included in the accompanying bill: The bill proposes rescissions of $180,000,000 of funds derived from interest on the cushion of credit payments under the Rural Economic Development Loans Program Account; $180,000,000 from Section 32 funds; $11,000,000 from Supplemental Nutrition Assistance Program employment and training funds; $26,126,000 from the Distance Learning, Telemedicine and Broadband Program Account; $28,450,000 from the Repowering Assistance Program; $47,723,000 from the Food and Drug Administration; and $11,000,000 from the Department of Agriculture. COMPARISON WITH THE BUDGET RESOLUTION Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a)(1)(A) of the Congressional Budget Act of 1974, the following table compares the levels of new budget authority provided in the bill with the appropriate allocation under section 302(b) of the Budget Act: [In millions of dollars] ---------------------------------------------------------------------------------------------------------------- 302(b) allocation This bill --------------------------------------------------------------- Budget Budget authority Outlays authority Outlays ---------------------------------------------------------------------------------------------------------------- Comparison of amounts in the bill with Committee allocations to its subcommittees of amounts in the Budget Resolution for 2013: Discretionary............................... $19,405 $22,759 $19,405 \1\$22,759 Mandatory................................... 42,558 33,003 42,558 \1\33,003 ---------------------------------------------------------------------------------------------------------------- \1\Includes outlays from prior-year budget authority. FIVE-YEAR OUTLAY PROJECTIONS Pursuant to section 308(a)(1)(B) of the Congressional Budget Act of 1974, the following table contains five-year projections prepared by the Congressional Budget Office of outlays associated with the budget authority provided in the accompanying bill: Projection of outlay associated with the recommendation: 2013.........................................................\1\$119,476 2014.......................................................... 3,757 2015.......................................................... 1,051 2016.......................................................... 195 2017 and future years......................................... 63 \1\Excludes outlays from prior-year budget authority. --------------------------------------------------------------------------- ASSISTANCE TO STATE AND LOCAL GOVERNMENTS Pursuant to section 308(a)(1)(C) of the Congressional Budget Act of 1974, the amounts of financial assistance to State and local governments is as follows: [In millions of dollars] Budget Authority.............................................. $37,864 Outlays....................................................... \1\33,267 --------------------------------------------------------------------------- \1\Excludes outlays from prior-year budget authority.
ADDITIONAL VIEWS We are extremely disappointed that House Republicans walked away from the bipartisan agreement to establish $1.047 trillion as the Committee's allocation. A majority of their conference voted for the Budget Control Act agreement less than a year ago. By reneging on the agreement, House Republicans put themselves at odds with House Democrats, the White House, Senate Democrats, and Senate Republicans. Senate Minority Leader McConnell recently voted for allocations at $1.047 trillion and Ranking Member Cochran stated that it's appropriate ``for the Committee to proceed on the basis of the discretionary caps enacted into law.'' House Republicans introduced uncertainty about the discretionary allocation, and about whether the House majority will threaten to shut down the government. This uncertainty will slow down the appropriations process and the austere House allocation, if it stands, will stall economic growth and impede job creation. Stemming from the committee's lower overall allocation, the Agriculture subcommittee received an unacceptably low 302(b) allocation of $19.405 billion. Including CFTC funding, the allocation is $1.7 billion (8%) below the 2013 President's request, $365 million (1.8%) below 2012 enacted and $1.38 billion (7%) below the Senate allocation. The impact of this allocation is evident in the inadequate funding provided for many important accounts in the bill. The Commodity Futures Trading Commission is funded at $25 million (12%) below the 2012 level and $128 million (41%) below the budget request. If enacted, this cut would mean a reduction of 11% in current staffing levels at the agency. CFTC's ability both to implement Dodd-Frank financial reform and regulate financial markets would be severely restricted. A properly funded and staffed CFTC is critical for greater transparency and competition in markets, providing certainty for farmers, ranchers, and small businesses that use these markets, and protecting taxpayers from future bailouts. News reports indicate that CFTC is currently involved in reviewing the recent losses at J.P. Morgan; those losses serve as a reminder that in order to prevent another financial crisis and protect our economy Dodd-Frank financial regulations need to be both written and enforced. In order to do that, CFTC needs adequate resources. The Food for Peace program is funded at $250 million (18%) below the budget request. This program provides U.S.-grown commodities to desperately hungry people around the world. A cut of this size means that some 6.6 million people will not receive assistance. House Republicans decided to include international assistance programs under the security cap and provided a much lower security allocation for this bill. The 2012 security allocation of $1.65 billion was reduced to $1.33 billion for 2013 and this gap was largely made up by cutting Food for Peace. The Senate did not follow the House's approach on security funding. The Food and Drug Administration is funded at $16 million below the 2012 level and $31 million below the budget request. FDA oversees 80% of the nation's food supply, including foods from more than 300,000 facilities in 200 countries. As Commissioner Hamburg testified, ``about 70% of seafood and about 35% of fresh produce consumed in the United States comes from foreign countries.'' She also said that ``nearly 40% of the drugs Americans take are made overseas,'' while ``approximately half of medical devices used in the United States come from abroad.'' While the Committee report says that requested increases for food safety, food and drug inspections in China and medical countermeasures are funded, the bill is still under the requested level and this is a zero-sum process. Without being fully funded, FDA will have to make cuts elsewhere to pay for these worthy increases. The bill also rescinds nearly $48 million of unobligated FDA funds. Since FDA normally obligates all of its non-user- fee-funded salary and expenses appropriation each year, it is likely that such a rescission would have to come from the fees FDA receives from industry, such as prescription drug, medical device and/or tobacco fees. This is a very troubling precedent. The Commodity Supplemental Food Program is funded at $13.7 million (7%) below the budget request. This means that approximately 43,000 participants, the vast majority of whom are elderly, would not receive needed food packages. The bill cuts funding for guaranteed loans to businesses and industry in rural areas by $150 million below 2012 (18%) and $160 million (19%) below the budget request. This means fewer loans to businesses in rural areas and a missed opportunity to create or save thousands of jobs. Direct loans in the rural water and wastewater program are $269 million below the budget request. This means that 179 loans assisting 351,000 rural residents in improving access to safe and sanitary water and wastewater services will not be made. The bill also provides $119 million less than the budget request for WIC. The reduction is achieved by not providing resources for important program components such as breastfeeding peer counselors and state information technology investments. Funding for these important activities is made subject to a determination that caseload can be met without accessing the contingency reserve. The bill includes two riders that are legislative in nature and do not belong in an appropriations bill. The first rewrites provisions of a final rule issued by USDA last December dealing with livestock producers. The second permits the cultivation of genetically modified crops to continue while litigation over the regulatory status of the crops is pending. We are also disappointed that amendments in full committee to address the shortfalls in funding for CFTC, Food for Progress and FDA failed, as did an amendment to strike the new language relating to the livestock final rule. While we will do our best to address the many shortcomings of this bill as the process moves forward, we cannot support the bill in its current form. Norman D. Dicks. Sam Farr.