H.R. 8646 — Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2027

This section authorizes the Secretary of Agriculture to use any appropriations available to the department under this Act to purchase new passenger motor vehicles, in addition to specific appropriations for that purpose, provided the total number purchased in FY2027 does not exceed the number owned or leased in FY2018. Prior to purchasing additional vehicles, the Secretary must determine they are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety; and the department's fleet may not exceed 2018 levels without written notification to, and approval from, the Committees on Appropriations of both Houses of Congress within 30 days.

This section authorizes the Secretary of Agriculture to transfer unobligated discretionary balances appropriated by this Act or other available unobligated USDA discretionary balances to the Working Capital Fund (WCF) for acquiring property, plant, and equipment and improving, delivering, and implementing department-wide financial, administrative, and information technology services (including cloud adoption and migration) primarily benefiting USDA agencies, with transferred funds remaining available until expended. (The WCF is a revolving fund that provides centralized shared services across USDA.) It further (1) requires prior approval of the relevant agency administrator for any transfers and prior congressional Appropriations Committee notification and approval for WCF obligations; (2) prohibits using funds appropriated by this Act or in the WCF to make changes to the National Finance Center (NFC)—which provides shared payroll, financial management, human resources, and IT services to USDA and other federal agencies—without Appropriations Committee notification and approval as required by section 716; (3) bars obligating or expending such funds to remove or relocate NFC systems, missions, personnel, or functions of the Chief Financial Officer or Chief Information Officer offices without similar notification, approval, and section 716 compliance; (4) requires NFC to retain personnel, data center management, and control over human resources, payroll, and related systems; (5) directs the Secretary and Chief Financial Officer to market NFC shared services to other departments and agencies and permit NFC technology upgrades; (6) limits reservations from annual WCF income allocated to NFC to no more than 4% for capital equipment replacement or acquisition or unforeseen extraordinary costs, subject to Appropriations Committee notification prior to obligation; and (7) exempts from congressional notification requirements any obligations necessary to respond to declared emergencies significantly impacting NFC operations or to evacuate NFC employees to continue operations.

This section prohibits the use of appropriated funds to pay negotiated indirect cost rates on USDA cooperative agreements or similar arrangements with nonprofit institutions for programs of mutual interest in excess of 10% of total direct costs. The prohibition does not apply to indirect costs on grants and contracts with such institutions when computed on a similar basis for all agencies funded by this Act.

This section provides that appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year remain available until expended to disburse obligations made in that year for (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account.

This section restricts the Department of Agriculture's (USDA) use of appropriated funds for information technology (IT), requiring (1) approval from the Chief Information Officer (CIO) and concurrence from the Executive Information Technology Investment Review Board for new IT systems or significant upgrades, as determined by the CIO; (2) written notification to and prior approval from the House and Senate Appropriations Committees for any transfer of funds to the Office of the CIO; and (3) notwithstanding 40 U.S.C. 11319, written CIO approval prior to obligating funds for IT projects, contracts, or agreements over $25,000. The CIO may exempt agencies from written approval for obligations up to $250,000 based on agency performance against the plan described in the explanatory statement accompanying P.L. 113-235.

This section provides that funds made available under section 524(b) of the Federal Crop Insurance Act in a fiscal year remain available until expended to disburse obligations made in that fiscal year. (As background, section 524(b) funds support Federal Crop Insurance Corporation activities such as research and development, outreach to underserved producers, and area-based crop insurance policies.)

This section expands eligibility for assistance under section 313B(a) of the Rural Electrification Act of 1936—which allows current borrowers to make voluntary cushion of credit payments for interest rate reductions or refunds—to (1) former Rural Utilities Service borrowers that have repaid or prepaid an insured, direct, or guaranteed loan under the act and (2) not-for-profit utilities eligible for an insured or direct loan under the act.

This section makes available not more than $20 million in unobligated balances from appropriations for Farm Service Agency (FSA) salaries and expenses for information technology expenses through September 30, 2028.

This section prohibits the use of funds appropriated by this Act for first-class travel by employees of agencies funded by this Act in contravention of 41 C.F.R. §§ 301–10.122 through 301–10.124 (which restrict first-class travel to specified circumstances, such as coach-class unavailability or medical necessity).

This section authorizes Commodity Credit Corporation (CCC) funds to be used for salaries and related administrative expenses—including technical assistance—for agricultural programs established or amended by the Agricultural Act of 2014 (P.L. 113-79) or a successor Act (other than by title I or subtitle A of title III) or programs for which indefinite CCC funding was provided. (1) Such funds are available for those purposes without regard to the limitation on total allotments and fund transfers in section 11 of the CCC Charter Act (15 U.S.C. 714i); and (2) such use does not count as an allotment or fund transfer for purposes of that limitation. (Thus, this provides USDA with additional flexibility to fund program administration using CCC funds without affecting the corporation's overall borrowing authority limit.)

This section caps at $2,900,000 the funds available under this Act that may be used for necessary expenses of Department of Agriculture advisory committees, panels, commissions, and task forces, excluding panels used for negotiated rulemakings and competitive grant evaluations.

This section prohibits the use of funds appropriated by this Act to maintain or establish a computer network unless the network blocks the viewing, downloading, and exchanging of pornography. The prohibition does not apply to funds used by federal, state, tribal, or local law enforcement agencies or other entities carrying out criminal investigations, prosecutions, or adjudications.

This section limits expenditures under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c)—which funds USDA purchases of surplus fruits, vegetables, and other commodities primarily for child nutrition programs and food assistance (with excess funds available under clause (3) for surplus removal to support producers)—to $1,717,000,000 (exclusive of prior-year carryovers), allocated as follows: (1) $485,000,000 for child nutrition programs entitlement commodities; (2) $5,000,000 for state option contracts; (3) $2,500,000 for removal of defective commodities; and (4) $41,862,000 for administration of section 32 commodity purchases. Unobligated balances remaining after October 1, 2027, carry over into FY2028 and remain available until expended for section 32 purposes, except that carryover funds used for clause (3) may not exceed $350,000,000 and require two weeks' prior written notification to the House and Senate Appropriations Committees. The section further prohibits using any appropriated funds—except carryovers previously authorized for clause (3)—to pay salaries or expenses of USDA employees carrying out clause (3).

This section prohibits the use of appropriated funds to pay salaries and expenses of personnel who prepare or submit appropriations language in the President's budget submission for programs under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Subcommittees if that language assumes revenues or reflects reductions from the previous year due to user fee proposals not enacted into law prior to submission, unless the budget identifies additional spending reductions to occur if such fees are not enacted before convening of a conference committee on the FY2027 appropriations Act.

This section restricts the obligation or expenditure of funds appropriated to the Department of Agriculture, Department of Health and Human Services, and Commodity Futures Trading Commission (including prior-year carryover and fee collections) for reprogramming, transfers, or specified authorities that (1) create or eliminate programs, projects, or activities; (2) increase funding or personnel for denied or restricted projects; (3) relocate offices or employees; (4) reorganize offices, programs, or activities; or (5) contract out or privatize federal functions—unless the relevant Secretary or Commission Chairman provides written notification to the Appropriations Committees of both Houses of Congress and receives approval at least 30 days in advance. The section further prohibits such uses of funds to (1) augment existing programs, projects, or activities; (2) reduce funding or personnel for any existing program, project, or activity by 10 percent; or (3) change programs from general personnel savings—when exceeding $500,000 or 10 percent (whichever is less)—absent the same 30-day advance notification and approval. In addition, the section (1) requires 30-day advance notification and approval for any new program or activity not conducted in the prior fiscal year (unless explicitly funded); (2) bars modifications to major capital investments (e.g., IT systems) exceeding $500,000 or 10 percent of total cost, realignments creating entities with five or more personnel, or unbudgeted activities without 30-day advance written notice to the Appropriations Committees; and (3) conditions all such uses on written or electronic confirmation of notification receipt from both Committees.

This section authorizes the Secretary of Agriculture to assess a one-time fee of up to 3% of the guaranteed principal portion for any guaranteed business and industry (B&I) loan (from prohibited under current law). B&I loans provide federal guarantees to lenders for loans to private businesses in rural areas (generally those with populations under 50,000) to promote economic development and job creation.

This section prohibits the Department of Agriculture, Food and Drug Administration, Commodity Futures Trading Commission, and Farm Credit Administration from using appropriated funds to transmit or make available reports, questions, or responses generated for the appropriations hearing process to employees outside their respective departments or agencies (i.e., non-Department of Agriculture employees for USDA; non-Department of Health and Human Services employees for FDA; non-CFTC employees for CFTC; and non-Farm Credit Administration employees for FCA).

This section prohibits executive branch agencies from using funds provided in this Act to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes clear notification within the text or audio that it was prepared or funded by that agency (unless otherwise authorized by existing law).

This section prohibits detailing or assigning an employee of the Department of Agriculture from one agency or office to another within the department for more than 60 days in a fiscal year unless the receiving agency or office fully reimburses the employing agency or office for the employee's salary and expenses during the assignment period.

This section directs the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, the Chairman of the Commodity Futures Trading Commission, and the Chairman of the Farm Credit Administration to submit to the House and Senate Committees on Appropriations, not later than 30 days after enactment, a detailed obligation plan by program, project, and activity—as defined in the report accompanying this Act—for all amounts made available by this Act and prior appropriations Acts that remain available for obligation, including appropriated user fees and loan authorizations. The plan must include estimated obligations by fiscal quarter, source appropriation, and full-time equivalent positions supported and serves as the baseline for reprogramming notifications under section 716 of this Act.

This section requires the Secretary of Agriculture to provide written notification to the House and Senate Committees on Appropriations at least three business days before terminating any grant, cooperative agreement, or contract award totaling $1 million or more issued from funds made available in this Act or any prior Act. The notification must include the recipient, award amount, fiscal year of appropriation, account and program, project, or activity, award title, and a detailed justification for the termination.

This section authorizes the Secretary of Agriculture to increase by up to 25% the program levels established in this Act for loans and loan guarantees that do not require budget authority. It further authorizes increases of up to 50% for such loans and loan guarantees under sections 4 and 306 of the Rural Electrification Act of 1936 (i.e., for rural electric and water/wastewater infrastructure). Prior to implementing any such increase, the Secretary must provide at least 15 days' advance written notice to the Appropriations Committees of Congress.

This section restricts the obligation of credit card refunds or rebates transferred to the Department of Agriculture Working Capital Fund—pursuant to section 729 of the FY2002 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act (P.L. 107-76)—by requiring prior written notification to and approval from the House and Senate Committees on Appropriations. Such funds are available only for acquiring property, plant, and equipment to improve departmental financial management, information technology, and support systems—including cloud adoption and migration—primarily benefiting USDA agencies.

This section prohibits the use of appropriated funds to implement, administer, or enforce the "variety" requirements of the Department of Agriculture's final rule entitled "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)," published on December 15, 2016 (81 Fed. Reg. 90675), until the Secretary of Agriculture amends the regulatory definitions of "variety" (7 CFR 278.1(b)(1)(ii)(C)) and "staple food" (7 CFR 271.2) to increase the number of qualifying items per staple food category above the levels in that 2016 rule. Until such amendments, the Secretary must apply SNAP retailer variety and breadth-of-stock requirements in effect the day before enactment of the Agricultural Act of 2014 (P.L. 113-79).

This section grants the Secretary of Agriculture the same authority under subsections (h) and (j) of section 538 of the Housing Act of 1949 with respect to guaranteed loans under section 502(h) of such Act (i.e., guarantees for single-family rural housing direct loans to low- and very low-income households) and eligible lenders for such loans as the Secretary has for guaranteed section 538 multifamily rural rental housing loans.

This section prohibits the Department of Agriculture from using funds appropriated by this Act to propose, finalize, or implement any regulation establishing new user fees pursuant to 31 U.S.C. 9701 after the date of enactment.

This section authorizes the Secretary of Agriculture to charge meat, poultry, and egg products establishments for Food Safety and Inspection Service (FSIS) inspection services provided outside approved shifts and on federal holidays, notwithstanding existing laws on inspector overtime and holiday pay. Sums collected are deemed overtime or holiday pay under sec. 1001(d) of the American Rescue Plan Act of 2021 (P.L. 117-2) and remain available until expended without further appropriation to fund all FSIS inspection costs.

This section directs the Secretary of Agriculture to conduct audits of countries or regions by evaluating specified factors related to animal health and disease prevention—(1) veterinary control and oversight; (2) disease history and vaccination practices; (3) livestock demographics and traceability; (4) epidemiological separation from potential sources of infection; (5) surveillance practices; (6) diagnostic laboratory capabilities; and (7) emergency preparedness and response—and to promptly make final audit reports publicly available. This section requires such audits to be conducted consistent with U.S. international trade agreements.

This section requires that, for this fiscal year, all iron and steel products (i.e., lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials) used in projects funded under rural water, wastewater, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act be produced in the United States. The Secretary of Agriculture may waive the requirement if (1) applying it would be inconsistent with the public interest; (2) such products are not produced in the United States in sufficient and reasonably available quantities or of satisfactory quality; or (3) using U.S. products increases overall project costs by more than 25 percent, following a 15-day public comment period on waiver requests. The section authorizes the Secretary to retain up to 0.25% of funds appropriated for the Rural Utilities Service—Rural Water and Waste Disposal Program Account for management and oversight; exempts projects with state-approved engineering plans and specifications prior to enactment; requires consistency with U.S. international obligations; and applies the definition of "United States" and "State" to include federally recognized Indian tribes.

This section prohibits using any funds appropriated by this Act, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913 (i.e., the federal anti-lobbying statute).

This section requires that at least 10% of funds made available by this Act for direct loans and grants under 11 specified Rural Development accounts—covering rural housing insurance, mutual and self-help housing grants, housing assistance grants, community facilities, rural business programs, economic development loans, cooperative development grants, microentrepreneur assistance, water and waste disposal, electrification and telecommunications loans, and distance learning, telemedicine, and broadband—be allocated, to the maximum extent feasible, to persistent poverty counties (i.e., counties with 20% or more of their population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the 2007–2011 American Community Survey 5-year average, or any U.S. territory or possession). This includes, notwithstanding population limits, any county seat of such a county with a population not exceeding the authorized limit by more than 10%; the requirement also applies to program levels for activities not supported by budget authority.

This section prohibits the use of appropriated funds to notify a sponsor of, or otherwise acknowledge receipt of, a submission for an investigational new drug exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or an investigational new drug biological product exemption under section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) for research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Any such submission is deemed not received by the Secretary, and the exemption may not go into effect.

This section prohibits the use of funds appropriated by this or any other Act to enforce the FDA's final rule entitled “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption” (published November 27, 2015) or the proposed rule entitled “Standards for the Growing, Harvesting, Packing, and Holding Produce for Human Consumption Related to Agricultural Water” (86 Fed. Reg. 69120; 87 Fed. Reg. 42973) with respect to entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds. (Thus, these entities are exempt from enforcement of the specified produce safety rules under the FDA Food Safety Modernization Act.)

This section prohibits the use of funds appropriated by this Act to restrict or limit the substitution of any vegetable subgroup for fruits under the school breakfast program for school years 2026–2027 and 2027–2028.

This section prohibits the use of funds appropriated by this Act or any other Act from being used (1) in contravention of hemp production and research protections under section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act of 1946, or section 10114 of the Agriculture Improvement Act of 2018 (i.e., laws legalizing industrial hemp production—defined as cannabis with no more than 0.3% THC—under state or USDA plans); or (2) to prohibit the transportation, processing, sale, or use of such hemp or its seeds grown in accordance with those laws, including across state lines. (Thus, the provision enforces interstate commerce protections for legal hemp.)

This section includes the Secretary of Agriculture as a member of the Committee on Foreign Investment in the United States (CFIUS) on a case-by-case basis, pursuant to authorities in section 721(k)(2)(J) of the Defense Production Act of 1950, for covered transactions involving agricultural land, agricultural biotechnology, or the agriculture industry (including agricultural transportation, storage, and processing), as determined by the CFIUS chairperson in coordination with the Secretary. It further requires the Secretary, to the maximum extent practicable, to notify CFIUS of agricultural land transactions the Secretary has reason to believe are covered transactions posing risks to U.S. national security—particularly those involving foreign governments or entities of concern as defined in 42 U.S.C. 19221(a) (i.e., the People’s Republic of China, Democratic People’s Republic of Korea, Russian Federation, and Islamic Republic of Iran)—or requiring a report under the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501(a)).

This section makes available any remaining unobligated balances from amounts provided under sec. 743 of div. A of the Consolidated Appropriations Act, 2017 (P.L. 115-31), in addition to other available funds, for plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities for the Department of Agriculture, as authorized by 7 U.S.C. 2250, and for acquisition of land, as authorized by 7 U.S.C. 2268a.

This section limits the use of funds under title II of the Food for Peace Act—which authorizes U.S. government emergency and non-emergency food assistance overseas to combat hunger and malnutrition—to recipient nations with adequate monitoring and controls, as determined by the Secretary, to ensure emergency food aid reaches intended beneficiaries in food-shortage areas and is not diverted for unauthorized or inappropriate purposes.

This section prohibits the use of funds appropriated by this Act to procure raw or processed poultry products or seafood imported from the People's Republic of China for the National School Lunch Program (42 U.S.C. 1751 et seq.), Child and Adult Care Food Program (42 U.S.C. 1766), Summer Food Service Program for Children (42 U.S.C. 1761), and School Breakfast Program (42 U.S.C. 1771 et seq.).

This section requires, for school year 2027–2028, only school food authorities with a negative balance in the nonprofit school food service account as of June 30, 2026, to establish prices for paid lunches sufficient to cover costs under section 12(p) of the Richard B. Russell National School Lunch Act. (Thus, other school food authorities are exempt from this requirement for that year.)

This section makes any funds withheld by the Secretary of Agriculture pursuant to section 1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2))—which authorizes the Biotechnology Risk Assessment Research Grants program—available for such grants. It further authorizes the Secretary to transfer those funds among Department of Agriculture appropriations for that purpose.

This section sets maximum monthly fluid milk allowances for FY2027 in specified food packages of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) as follows: (1) Food Package IV, 16 quarts; (2) Food Package V, 22 quarts; (3) Food Package VI, 16 quarts; (4) Food Package VII, 24 quarts; and (5) Food Package III, conforming to the changes made to food packages IV through VII.

This section authorizes the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service, to use funds appropriated for the Watershed and Flood Prevention Operations Program and Watershed Rehabilitation Program—both carried out under the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.)—and the Emergency Watershed Protection Program (16 U.S.C. 2203) to provide technical assistance for those programs pursuant to section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)), notwithstanding subsection (c) of that section. (Thus, the provision enables flexible use of program funds for technical services such as conservation planning and design, overriding any funding-source restrictions in subsection (c).)

This section authorizes the Secretary of Agriculture, in administering the broadband pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 (P.L. 115-141)—under the Distance Learning, Telemedicine, and Broadband Program (i.e., USDA grants and loans to expand broadband access in rural areas for educational and health services)—to consider "Areas Rural in Character" (i.e., statistically urban communities deemed rural by USDA criteria) as eligible for assistance. (Thus, not more than 10% of funds available under that program heading for the pilot may be used for such areas.)

This section modifies restrictions on property acquired under the Grassroots Source Water Protection Program (i.e., a competitive grant program that funds nonprofit organizations and public agencies to develop and implement agricultural source water protection plans). It eliminates the prohibition on conveying or transferring such property in whole or in part through September 30, 2026, and instead requires that the property not be used for other purposes beginning on the date of enactment.

This section authorizes a bank referenced in 12 U.S.C. 2128 (i.e., an agricultural credit bank in the Farm Credit System) to make and participate in loans and commitments and provide technical and other financial assistance to cooperatives and other public or private entities (except the federal government) for installing, maintaining, expanding, improving, or operating facilities in a rural area (as defined in 12 U.S.C. 2128(f)) for (1) processing or disposing of waste from any source, (2) providing telecommunication services, and (3) producing electricity from any source for use or sale by the borrower.

This section permanently cancels $95 million of unobligated balances made available by section 22006 of the Inflation Reduction Act (P.L. 117-169) for the low-emissions electricity program—which provides grants to eligible electric cooperatives for deploying low-emissions generation, transmission, storage, and related infrastructure—excluding amounts designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

This section prohibits the Food and Drug Administration (FDA) from using appropriated funds to issue or promote new guidelines or regulations applicable to food manufacturers of low-risk ready-to-eat (RTE) foods for Listeria monocytogenes (Lm)—meaning foods that do not support Lm growth—until the FDA considers available new science in developing Compliance Policy Guide (CPG), Guidance for FDA Staff, sec. 555.320, on Lm in low-risk foods.

This section directs the Secretary of Agriculture, not later than 180 days after enactment, to amend Food Packages I and II of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)—which provide formula and foods for infants—to require the inclusion of peanut-containing foods for early introduction of potentially allergenic foods and to ensure such foods are safe for infants. The amendments must be consistent with recommendations for early peanut introduction in the Dietary Guidelines for Americans, 2025-2030.

This section extends food service management company procurement requirements—such as competitive bidding and contract standards—under the National School Lunch Program to the School Breakfast Program by (1) revising subparagraph (A) to explicitly include breakfasts served by schools participating in the School Breakfast Program under the Child Nutrition Act of 1966; (2) inserting a reference to the School Breakfast Program in subparagraph (C); and (3) updating subparagraph (D) to cross-reference both NSLP regulations (7 CFR 210.10) and School Breakfast Program regulations (7 CFR 220.8).

This section exempts premium pay for Animal and Plant Health Inspection Service (APHIS) employees—when determined by the APHIS Administrator to be in response to an animal disease or plant health emergency outbreak—from the statutory cap on aggregate basic pay and premium pay under 5 U.S.C. 5547(b)(1) and (2). (Thus, such premium pay, whether funded directly or through reimbursement, is not counted toward biweekly or calendar-year limits on premium pay payable to federal employees.)

This section prohibits the use of funds appropriated by this Act to pay salaries or expenses of personnel (1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603), (2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note), or (3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation). (Thus, the Department of Agriculture is barred from conducting federally funded inspections of horses for human consumption slaughter.)

This section prohibits the use of funds appropriated by this Act by the Secretary of Agriculture, Commissioner of Food and Drugs, Chairman of the Commodity Futures Trading Commission, or Chairman of the Farm Credit Administration to fly or display any flag other than the U.S. flag, a state/territory/District of Columbia flag, an Indian Tribal Government flag, an official U.S. department or agency flag, or the Prisoners of War/Missing in Action flag over facilities of the Department of Agriculture, Food and Drug Administration, Commodity Futures Trading Commission, or Farm Credit Administration.

This section prohibits the use of appropriated funds to write, prepare, publish, implement, or enforce five specified USDA rules under the Packers and Stockyards Act—(1) “Transparency in Poultry Grower Contracting and Tournaments” (88 Fed. Reg. 83210, Nov. 28, 2023); (2) “Inclusive Competition and Market Integrity Under the Packers and Stockyards Act” (89 Fed. Reg. 16092, Mar. 6, 2024); (3) “Poultry Grower Payment Systems and Capital Improvement Systems” (90 Fed. Reg. 5146, Jan. 16, 2025); (4) proposed “Fair and Competitive Livestock and Poultry Markets” (89 Fed. Reg. 53886, Jun. 28, 2024); or (5) any subsequent substantially similar rulemaking—and requires the Secretary of Agriculture to rescind any such proposed or final rules and discontinue related investigations or enforcement actions with notice to affected parties. (As background, these rules sought to enhance protections for poultry growers and livestock producers against potentially unfair contracting, payment, and tournament practices by integrators and packers.)

This section prohibits the Department of Agriculture from using funds provided by this Act to implement or enforce the reduced maximum allowable loan guarantee limit of 60% (from 80%) established in Field Office Handbook-1-3550 for Farm Service Agency guaranteed farm loans issued on or after February 10, 2026 (PN655). The prior 80% limit remains in effect unless the Department issues a proposed rule, with notice and comment, that establishes and finalizes a reduced limit.

This section requires the acceptable market name of any engineered animal approved prior to February 19, 2019—the effective date of the National Bioengineered Food Disclosure Standard—to include the words “genetically engineered” prior to the existing acceptable market name, notwithstanding any other provision of law.

This section directs the Federal Crop Insurance Corporation to conduct research and development, or contract with qualified entities for such work, on an index-based insurance policy available nationwide to protect specified crops—including table grapes, wine grapes, juice grapes, tomatoes, peppers, sugarcane, strawberries, melons, citrus, peaches, blueberries, and others—against losses from frost or cold weather events. The research and development must (1) evaluate index-based risk management tools for low-frequency, catastrophic weather losses and (2) produce a policy offering protection against at least production loss or revenue loss. Not later than one year after enactment, the Corporation must report to the House and Senate Agriculture Committees on the results and related recommendations.

This section prohibits funds from being used to enforce 21 CFR 118.4(e), or any successor regulation, with respect to surplus broiler hatching eggs sold to egg breakers for processing into liquid egg products under the Egg Products Inspection Act. (Thus, USDA's Food Safety and Inspection Service may not enforce Salmonella Enteritidis prevention requirements under that regulation for such eggs.)

This section authorizes agencies and offices of the Department of Agriculture to reimburse the Office of the General Counsel (OGC) for costs incurred in providing services under time-limited agreements, using funds provided in this Act. Such transfer authority is in addition to any other transfer authority provided by law.

This section prohibits the use of funds appropriated by this Act or prior appropriations Acts to take discriminatory actions against any person wholly or partially on the basis of a sincerely held religious belief or moral conviction that marriage is or should be recognized as a union of one man and one woman. Discriminatory actions include (1) altering federal tax treatment, assessing any tax/penalty/payment, or denying/delaying/revoking an exemption from taxation under IRC §501(a); (2) disallowing a deduction for charitable contributions; (3) withholding/reducing/excluding/terminating/denying any federal grant, contract, loan, scholarship, license, certification, accreditation, employment, or similar benefit; (4) withholding/reducing/excluding/terminating/denying any entitlement/benefit under a federal program, including admission/equal treatment/eligibility for a degree in an educational program; or (5) withholding/reducing/excluding/terminating/denying access to federal property, facilities, educational institutions, speech fora, or charitable fundraising campaigns. This section further requires the federal government to deem accredited, licensed, or certified for federal law purposes any person who would be so but for a determination based on such a belief.

This section rescinds $40 million of unobligated balances from prior-year appropriations under the Distance Learning, Telemedicine, and Broadband Program (DTLTP)—a Rural Utilities Service program providing loans and grants for rural broadband, distance learning, and telemedicine infrastructure—for a broadband loan and grant pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 (P.L. 115-141). No amounts designated by Congress as an emergency requirement may be rescinded.

This section directs the FDA to use not less than $200 million from tobacco product user fees for enforcement activities related to electronic nicotine delivery systems (ENDS, i.e., e-cigarettes, vapes, and similar products), including not less than $20 million to fund the Federal multi-agency ENDS Enforcement Task Force led by the Department of Justice (DOJ), Department of Homeland Security (DHS), and FDA targeting illegal manufacture, importation, distribution, and sale of ENDS from China, other foreign countries, and domestic final assembly; requires the FDA Commissioner to enter a memorandum of understanding (MOU) with DOJ, DHS, and other partners to resource the task force for increased litigation, enforcement, and targeted inspections at high-risk ports; requires the Commissioner to update FDA's January/April 2020 Enforcement Priorities document for unauthorized ENDS by November 12, 2026, to cover flavored disposable products and define that term; and requires an initial detailed report on enforcement funding and activities within 60 days of enactment, plus semi-annual reports to the Appropriations Committees on Center for Tobacco Products progress in blocking mis-declared ENDS imports, removing illegal products from the U.S. market, seizures and refusals, state enforcement support, and retailer education.

This section extends (1) the Dairy Product Mandatory Reporting program under the Agricultural Marketing Act of 1946 (i.e., requires processors to report wholesale prices and volumes of dairy products to USDA for price discovery), and (2) the Livestock Mandatory Reporting program under the Livestock Mandatory Reporting Act of 1999 (i.e., requires packers and importers to report livestock purchase prices and quantities to USDA for market transparency), through 2027 (from 2026).

This section prohibits the Food and Drug Administration from using funds appropriated by this Act to develop, issue, promote, or advance new guidelines or regulations applicable to food manufacturers for population-wide sodium reduction until publication of the 2025-26 National Health and Nutrition Examination Survey (NHANES), What We Eat in America Survey, which reflects the impact of Phase I reduction on population intake.

This section prohibits the use of any appropriated funds, including prior-year funds, to close Natural Resources Conservation Service or Rural Development mission area field offices or to permanently relocate any field-based employees of those agencies if such relocation would result in an office with two or fewer employees, without prior notification and approval of the House and Senate Committees on Appropriations.

This section prohibits the use of funds appropriated by this Act to administer or enforce the FDA final rule on “Requirements for Additional Traceability Records for Certain Foods” (87 Fed. Reg. 70910 (Nov. 21, 2022)) or any other rule under section 204 of the FDA Food Safety Modernization Act (21 U.S.C. 2223)—which requires lot-level (not case-level) traceability records for high-risk foods (e.g., leafy greens, fresh-cut fruits and vegetables, shell eggs, and certain seafood) to enable faster traceback during foodborne illness outbreaks—prior to July 20, 2028. Further, the section directs the FDA to— (1) continue identifying flexibilities for the rule’s lot-level tracking requirement that leverage existing traceability systems (e.g., allowing records reflecting a reasonable range of possible traceability lot codes in a shipment when individual lot records are impracticable, thus avoiding prohibited case-level tracking); (2) clarify circumstances under which warehouse and distribution activities constitute a transformation event under the rule; (3) ensure each quarterly industry engagement through July 20, 2028, is open to all covered entities (not limited to member-only organizations) and includes a hypothetical data intake exercise, with results published within 75 days; and (4) establish a panel of diverse experts (e.g., growers, distributors, retailers, state/local officials, public health officials) to assess the FDA’s foodborne illness traceback process for foreign and domestic suppliers, provide feedback for the data intake exercise, and publish outcomes and recommendations within one year of enactment.

This section appropriates $1 million, to remain available until expended and in addition to amounts otherwise available, for the Meat and Poultry Processing Expansion Program—established under the American Rescue Plan Act of 2021—to award grants to processors of invasive, wild-caught catfish.

This section adds a new section 425 to the Federal Food, Drug, and Cosmetic Act concerning animal food (i.e., pet food, animal feed, and ingredients, including for companion animals such as dogs and cats and specialty pets such as rodents and ornamental fish). Specifically, it (1) preempts state and local requirements on animal food labels, labeling, or advertising that differ from or extend beyond FDA requirements (except for state post-market safety oversight, such as under the FDA Food Safety Modernization Act); (2) deems ingredients listed in the 2024 AAFCO Official Publication (i.e., Official Common or Usual Names and Definitions of Feed Ingredients) as safe food additives for animal food unless FDA finds otherwise; (3) makes GRAS ingredient notifications voluntary rather than required; (4) requires FDA to review animal food ingredient submissions (i.e., food additive petitions, color additive petitions, or GRAS notifications) and issue an action letter within 180 days; (5) permits pet food and specialty pet food labels to list fats/oils, flavors, or grains as "sometimes present" using terms such as "or" or "and/or"; (6) requires pet food and specialty pet food ingredients to be listed by descending order of predominance by weight, except those at 2% or less by weight (or 1.5%, 1%, or 0.5%) may be grouped at the end with a quantifying statement (e.g., "Contains 2 percent or less of"); and (7) specifies that certain marketing claims do not cause animal food to be misbranded.

This section appropriates $1,500,000 for the emergency and transitional pet shelter and housing assistance grant program (34 U.S.C. § 20127). (The program provides grants to eligible entities for temporary shelter, transitional housing, and veterinary services for pets owned by victims of domestic violence, dating violence, sexual assault, and stalking.)

This section establishes immunity from civil or criminal liability for (1) persons donating apparently fit pet-related products (i.e., pet food or pet supplies meeting all federal, state, and local quality and labeling standards, even if not readily marketable due to appearance, age, or other conditions) in good faith to a state, unit of local government, or nonprofit organization for ultimate distribution to qualified animals (i.e., pets, emotional support animals, or service animals); (2) such nonprofits receiving and distributing those products; and (3) states and units of local government receiving and distributing those products. Such immunity does not apply to injury or death of an ultimate user or recipient resulting from the donor's, nonprofit's, or government's gross negligence or intentional misconduct. This section further provides such immunity for good faith donations of pet food or supplies not meeting all such standards if the recipient is informed of the distressed or defective condition, agrees to recondition the items to comply prior to distribution, and is knowledgeable of the standards. Nothing in this section creates liability or supersedes state or local health regulations.

This section prohibits the imposition of any cost-sharing or matching requirements for awards or subawards under the Specialty Crop Block Grant Program for FY2027. (The program provides grants to states to enhance the competitiveness of specialty crops, such as fruits, vegetables, tree nuts, and horticulture.)

This section prohibits the Department of Agriculture from using appropriated funds to close or consolidate resources or locations of existing Agricultural Research Service (ARS) laboratories and facilities without prior notification to the House and Senate Committees on Appropriations—including a cost analysis, estimates of research scientists likely unwilling to relocate, and identification of research projects to be terminated or adversely impacted—and approval from those committees.

This section revises repayment and operations provisions for the Arkansas Valley Conduit (AVC)—a component of the Fryingpan-Arkansas Project that will deliver domestic water supplies to communities and households in southeastern Colorado lacking reliable access—under Public Law 87-590. Specifically, it (1) strikes prior language in subsection (c) requiring AVC repayment of 35% of conduit costs from specified project revenues; (2) adds subsection (d) requiring a repayment contract for 35% of costs (notwithstanding other reclamation laws), met by non-Secretary construction funding and, upon a financial hardship determination, repayment of any shortfall over up to 75 years at simple interest equal to 50% of the Treasury rate under specified law (including project excess capacity or exchange contract revenues); and (3) requires AVC contractors to assume operations, maintenance, and replacement. (Thus, up to 65% of costs may effectively be non-reimbursable federal funding.) It also updates a cross-reference in section 2(b)(3)(A).