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Senate appropriators issue FY21 spending plan for USDA, FDA
12 November 2020
Senate FY21 ag appropriations bill prioritizes ag
research, rural development, allocates $23.4 billion in
discretionary funding
Report language directs USDA to amend hemp rule,
questions decision to lift ban on Brazilian beef
Senate panel proposes funding increase for FDA, but
urges agency to act against "mislabeled" plant-based
products
The Republican-controlled Senate Agriculture Appropriations
Committee has released $153 billion fiscal 2021 spending bill for
USDA and FDA, featuring increases for agricultural research and
rural development, as well as language that urges USDA to rethink
its 2019 rule on hemp.
The draft Agriculture, Rural Development, Food and Drug
Administration and Related Agencies Appropriations bill would
allocate $23.4 billion in discretionary funding, including $3.2
billion for FDA.
That falls just under the $24 million in discretionary funding
outlined in the agriculture spending plan proposed by House
Democrats in July.
Featuring ramped up funding for farm direct, guaranteed and
emergency loans, as well as $10 million to bolster mental health
support for producers through the Farm and Ranch Assistance
Network, as well as $5 million for the Rural Innovation Stronger
Economy (RISE) Grant Program, the bill seeks to provide farmers and
ranchers with the support they need "during these challenging
times," said Committee Chairman John Hoeven (R-N.D.).
The Senate bill comes as part of a package of 12 measures the
committee released on Tuesday (November 10), as Congress works to
pass FY2021 funding legislation. Fiscal year 2021 already started
October 1, so the government has been relying on a continuing
resolution (CR) to keep programs and agencies funded. The current
CR expires December 11.
Senate proposes $3.1 million for rural development
Allocating $3.1 billion to rural development, the proposed
legislation earmarks $400 million in new funding for USDA's
ReConnect pilot, that provides grants and loans to expand broadband
service to rural areas and that has been slated to receive $990 in
the House ag appropriations proposal.
However, in the 150-page report that accompanies the Senate
bill, the committee directed USDA to report on how it plans to
transition from the ReConnect Pilot to new farm bill authorized
rural broadband efforts and warned that "the current application
process creates barriers to participation." The report, therefore,
directed USDA to allow "entities of any structure, including
partnerships and infrastructure applications, to apply provided
sufficient assurances are given that broadband service will be
provided to the subject area through contractual arrangements."
Bill seeks to boost funding for ag research, APHIS
Just like the House bill, the Senate appropriations proposal
earmarks $3.3 billion for agricultural research programs, a slight
boost for $3.2 million in fiscal 2020. The proposal allocates $1.51
billion for the Agricultural Research Service (ARS) and $1.54
billion for the National Institute of Food and Agriculture (NIFA),
and a $10 million increase for the Agriculture and Food Research
Initiative (AFRI).
"This funding will support investments in the research and
development of new technologies and varieties to improve the
productivity, sustainability, and quality of American agriculture,"
the committee said. "The bill also fully funds the President's
request to support the continued establishment of the National Bio
and Agro-Defense Facility."
In addition, the bill earmarks $1.4 billion for the Farm Service
Agency (FSA), representing an increase of $20 million above FY20
enacted levels. The bill also prohibits the closure of FSA county
offices and provides resources for IT improvements and
personnel.
The bill is also looking to increase funding for USDA's Animal
and Plant Health Inspection Service (APHIS) and would provide $1.06
billion for the department, an increase of more than $14 million
above FY20 enacted levels.
Report language questions USDA hemp rule
Meanwhile, the Senate committee report questioned USDA's 2019 interim final rule on hemp, noting that it
"creates roadblocks for farmers," as it includes an "unrealistic"
timeframe for testing, requires a sampling of only flowering tops
and sets an "arbitrary negligence threshold of 0.5 percent."
While hemp is defined under a federal statute as having no more
than 0.3% THC, USDA has proposed a negligence threshold of 0.5%,
meaning that farmers would have to destroy crops that exceed that
level.
Echoing the concerns of many stakeholders and hemp
advocates, the committee directed USDA to amend the interim final
rule "to ensure that any final rule is based on science and will
ensure a fair and reasonable regulatory framework for commercial
hemp production in the United States," according to the report.
"In addition, the Committee encourages the Secretary to utilize
current Agricultural Research Service research to revise the hemp
sampling and testing protocols," lawmakers wrote.
FSIS gets full funding but lawmakers question lifting of ban on
beef from Brazil
On the food front, the Senate bill proposed allocating $1.07
billion to fully fund USDA's Food Safety and Inspection Service
(FSIS) - a move that the committee says would promote "the safety
and productivity of the nation's $186 billion meat and poultry
industry" and provide support for more than 8,000 frontline
inspectors and more than 6,400 meat, poultry and egg facilities in
the United States.
Lawmakers, however, also questioned FSIS' decision to lift the ban on raw Brazilian beef imports
and included language in the report directing the agency to report
- within 120 days - on strategies it is using to ensure that
imports are meeting necessary safety standards.
Committee urges FDA to act against "misbranded" plant-based
products
On the FDA side, Senate lawmakers have proposed allocating $3.21
billion in discretionary funding, which the committee says
represents "$40 million net increase to base funding for medical
products, food safety activities, and infrastructure needs." That
is roughly equivalent to the House bill, which proposed a $41
million net increase.
Proposed Senate funding for FDA includes $1 million for
foodborne outbreaks and $5 million for cannabis and cannabis
derivatives.
While the committee's report praised FDA's inspection and
enforcement actions targeting misbranded dietary supplements, it
also included language urging the agency to enforce its standards
of identity for dairy and act against plant-based products that use dairy
labeling terms.
"The Committee is concerned about the proliferation of products
marketed using standards of identity for dairy products that do not
contain dairy ingredients and the lack of enforcement of these
products," lawmakers wrote in the report. The committee also
directed FDA to "implement an updated enforcement approach and
report to the Committee within 90 days of enactment of this Act on
steps taken to enforce against dairy imitation products marketed
using dairy names."
It remains to be seen when the House and Senate will finalize
the FY2021 ag appropriations. However, at least one lawmaker -
House Majority Leader Steny Hoyer (D-Md.) - has stated that FY21
appropriations will be a priority for the lame duck session.