[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 483
115th CONGRESS
2d Session
H. R. 2
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 21, 2018
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To provide for the reform and continuation of agricultural and other
programs of the Department of Agriculture through fiscal year 2023, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agriculture and
Nutrition Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary of Agriculture.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
Sec. 1111. Definitions.
Sec. 1112. Base acres.
Sec. 1113. Payment yields.
Sec. 1114. Payment acres.
Sec. 1115. Producer election.
Sec. 1116. Price loss coverage.
Sec. 1117. Agriculture risk coverage.
Sec. 1118. Producer agreements.
Subtitle B--Marketing Loans
Sec. 1201. Availability of nonrecourse marketing assistance loans for
loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency payments.
Sec. 1206. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 1207. Special marketing loan provisions for upland cotton.
Sec. 1208. Special competitive provisions for extra long staple cotton.
Sec. 1209. Availability of recourse loans.
Sec. 1210. Adjustments of loans.
Subtitle C--Sugar
Sec. 1301. Sugar policy.
Subtitle D--Dairy Risk Management Program and Other Dairy Programs
Sec. 1401. Dairy risk management program for dairy producers.
Sec. 1402. Class I skim milk price.
Sec. 1403. Extension of dairy forward pricing program.
Sec. 1404. Extension of dairy indemnity program.
Sec. 1405. Extension of dairy promotion and research program.
Sec. 1406. Repeal of dairy product donation program.
Subtitle E--Supplemental Agricultural Disaster Assistance Programs
Sec. 1501. Modification of supplemental agricultural disaster
assistance.
Subtitle F--Administration
Sec. 1601. Administration generally.
Sec. 1602. Suspension of permanent price support authority.
Sec. 1603. Payment limitations.
Sec. 1604. Adjusted gross income limitation.
Sec. 1605. Prevention of deceased individuals receiving payments under
farm commodity programs.
Sec. 1606. Assignment of payments.
Sec. 1607. Tracking of benefits.
Sec. 1608. Signature authority.
Sec. 1609. Personal liability of producers for deficiencies.
Sec. 1610. Implementation.
Sec. 1611. Exemption from certain reporting requirements for certain
producers.
Sec. 1612. One-time filing for ARC and PLC.
TITLE II--CONSERVATION
Subtitle A--Wetland Conservation
Sec. 2101. Program ineligibility.
Sec. 2102. Minimal effect regulations.
Subtitle B--Conservation Reserve Program
Sec. 2201. Conservation reserve.
Sec. 2202. Farmable wetland program.
Sec. 2203. Duties of owners and operators.
Sec. 2204. Duties of the Secretary.
Sec. 2205. Payments.
Sec. 2206. Contracts.
Subtitle C--Environmental Quality Incentives Program
Sec. 2301. Definitions.
Sec. 2302. Establishment and administration.
Sec. 2303. Limitation on payments.
Sec. 2304. Conservation innovation grants and payments.
Subtitle D--Other Conservation Programs
Sec. 2401. Conservation of private grazing land.
Sec. 2402. Grassroots source water protection program.
Sec. 2403. Voluntary public access and habitat incentive program.
Sec. 2404. Watershed protection and flood prevention.
Sec. 2405. Feral swine eradication and control pilot program.
Sec. 2406. Emergency conservation program.
Sec. 2407. Sense of Congress on increased watershed-based
collaboration.
Sec. 2408. Soil and water resources conservation.
Subtitle E--Funding and Administration
Sec. 2501. Commodity Credit Corporation.
Sec. 2502. Delivery of technical assistance.
Sec. 2503. Administrative requirements for conservation programs.
Sec. 2504. Establishment of State technical committees.
Subtitle F--Agricultural Conservation Easement Program
Sec. 2601. Establishment and purposes.
Sec. 2602. Definitions.
Sec. 2603. Agricultural land easements.
Sec. 2604. Wetland reserve easements.
Sec. 2605. Administration.
Subtitle G--Regional Conservation Partnership Program
Sec. 2701. Definitions.
Sec. 2702. Regional conservation partnerships.
Sec. 2703. Assistance to producers.
Sec. 2704. Funding.
Sec. 2705. Administration.
Sec. 2706. Critical conservation areas.
Subtitle H--Repeals and Transitional Provisions; Technical Amendments
Sec. 2801. Repeal of conservation security and conservation stewardship
programs.
Sec. 2802. Repeal of terminal lakes assistance.
Sec. 2803. Technical amendments.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3001. Findings.
Sec. 3002. Labeling requirements.
Sec. 3003. Food aid quality assurance.
Sec. 3004. Local sale and barter of commodities.
Sec. 3005. Minimum levels of assistance.
Sec. 3006. Extension of termination date of Food Aid Consultative
Group.
Sec. 3007. Issuance of regulations.
Sec. 3008. Funding for program oversight, monitoring, and evaluation.
Sec. 3009. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable
prepackaged foods.
Sec. 3010. Consideration of impact of provision of agricultural
commodities and other assistance on local
farmers and economy.
Sec. 3011. Prepositioning of agricultural commodities.
Sec. 3012. Annual report regarding food aid programs and activities.
Sec. 3013. Deadline for agreements to finance sales or to provide other
assistance.
Sec. 3014. Minimum level of nonemergency food assistance.
Sec. 3015. Termination date for micronutrient fortification programs.
Sec. 3016. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Subtitle B--Agricultural Trade Act of 1978
Sec. 3101. Findings.
Sec. 3102. Consolidation of current programs as new International
Market Development Program.
Subtitle C--Other Agricultural Trade Laws
Sec. 3201. Local and regional food aid procurement projects.
Sec. 3202. Promotion of agricultural exports to emerging markets.
Sec. 3203. Bill Emerson Humanitarian Trust Act.
Sec. 3204. Food for Progress Act of 1985.
Sec. 3205. McGovern-Dole International Food for Education and Child
Nutrition Program.
Sec. 3206. Cochran fellowship program.
Sec. 3207. Borlaug fellowship program.
Sec. 3208. Global Crop Diversity Trust.
Sec. 3209. Growing American Food Exports Act of 2018.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
Sec. 4001. Duplicative enrollment database.
Sec. 4002. Retailer-funded incentives pilot.
Sec. 4003. Gus Schumacher food insecurity nutrition incentive program.
Sec. 4004. Re-evaluation of thrifty food plan.
Sec. 4005. Food distribution programs on Indian reservations.
Sec. 4006. Update to categorical eligibility.
Sec. 4007. Basic allowance for housing.
Sec. 4008. Earned income deduction.
Sec. 4009. Simplified homeless housing costs.
Sec. 4010. Availability of standard utility allowances based on receipt
of energy assistance.
Sec. 4011. Child support; cooperation with child support agencies.
Sec. 4012. Adjustment to asset limitations.
Sec. 4013. Updated vehicle allowance.
Sec. 4014. Savings excluded from assets.
Sec. 4015. Workforce solutions.
Sec. 4016. Modernization of electronic benefit transfer regulations.
Sec. 4017. Mobile technologies.
Sec. 4018. Prohibited fees.
Sec. 4019. Replacement of EBT cards.
Sec. 4020. Benefit recovery.
Sec. 4021. Requirements for online acceptance of benefits.
Sec. 4022. National gateway.
Sec. 4023. Access to State systems.
Sec. 4024. Transitional benefits.
Sec. 4025. Incentivizing technology modernization.
Sec. 4026. Supplemental nutrition assistance program benefit transfer
transaction data report.
Sec. 4027. Adjustment to percentage of recovered funds retained by
States.
Sec. 4028. Tolerance level for payment errors.
Sec. 4029. State performance indicators.
Sec. 4030. Public-private partnerships.
Sec. 4031. Authorization of appropriations.
Sec. 4032. Emergency food assistance.
Sec. 4033. Nutrition education.
Sec. 4034. Retail food store and recipient trafficking.
Sec. 4035. Technical corrections.
Sec. 4036. Implementation funds.
Sec. 4037. Multivitamin-mineral dietary supplements eligible for
purchase with supplemental nutrition
assistance benefits.
Sec. 4038. Review of supplemental nutrition assistance program
operations.
Sec. 4039. Disqualification of certain convicted felons.
Sec. 4040. Determination of amount of block grant payable to Puerto
Rico.
Sec. 4041. Service of traditional foods in public facilities.
Sec. 4042. Extension of study on comparable access to supplemental
nutrition assistance for Puerto Rico.
Sec. 4043. Administrative flexibility for States.
Subtitle B--Commodity Distribution Programs
Sec. 4101. Commodity distribution program.
Sec. 4102. Commodity supplemental food program.
Sec. 4103. Eligibility for commodity supplemental food program.
Sec. 4104. Distribution of surplus commodities to special nutrition
projects.
Subtitle C--Miscellaneous
Sec. 4201. Purchase of fresh fruits and vegetables for distribution to
schools and service institutions.
Sec. 4202. Seniors farmers' market nutrition program.
Sec. 4203. Healthy food financing initiative.
Sec. 4204. Amendments to the fruit and vegetable program.
Sec. 4205. Review and revision of certain nutrition regulations.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5101. Modification of the 3-year experience eligibility
requirement for farm ownership loans.
Sec. 5102. Conservation loan and loan guarantee program.
Sec. 5103. Farm ownership loan limits.
Subtitle B--Operating Loans
Sec. 5201. Limitations on amount of operating loans.
Sec. 5202. Microloans.
Subtitle C--Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts
pilot program.
Sec. 5302. Loan authorization levels.
Sec. 5303. Loan fund set-asides.
Subtitle D--Technical Corrections to the Consolidated Farm and Rural
Development Act
Sec. 5401. Technical corrections to the Consolidated Farm and Rural
Development Act.
Subtitle E--Amendments to the Farm Credit Act of 1971
Sec. 5501. Elimination of obsolete references.
Sec. 5502. Conforming repeals.
Sec. 5503. Facility headquarters.
Sec. 5504. Sharing privileged and confidential information.
Sec. 5505. Scope of jurisdiction.
Sec. 5506. Definition.
Sec. 5507. Expansion of acreage exception to loan amount limitation.
Sec. 5508. Compensation of bank directors.
Sec. 5509. Prohibition on use of funds.
Subtitle F--Miscellaneous
Sec. 5601. State agricultural mediation programs.
Sec. 5602. Study on loan risk.
Sec. 5603. GAO report on ability of the Farm Credit System to meet the
agricultural credit needs of Indian tribes
and their members.
TITLE VI--RURAL INFRASTRUCTURE AND ECONOMIC DEVELOPMENT
Subtitle A--Improving Health Outcomes in Rural Communities
Sec. 6001. Prioritizing projects to meet health crises in rural
America.
Sec. 6002. Distance learning and telemedicine.
Sec. 6003. Reauthorization of the Farm and Ranch Stress Assistance
Network.
Sec. 6004. Supporting agricultural association health plans.
Sec. 6005. Refinancing of certain rural hospital debt.
Subtitle B--Connecting Rural Americans to High Speed Broadband
Sec. 6101. Establishing forward-looking broadband standards.
Sec. 6102. Incentives for hard to reach communities.
Sec. 6103. Requiring guaranteed broadband lending.
Sec. 6104. Smart utility authority for broadband.
Sec. 6105. Modifications to the Rural Gigabit Program.
Sec. 6106. Unified broadband reporting requirements.
Sec. 6107. Improving access by providing certainty to broadband
borrowers.
Sec. 6108. Simplified application window.
Sec. 6109. Elimination of requirement to give priority to certain
applicants.
Sec. 6110. Modification of buildout requirement.
Sec. 6111. Improving borrower refinancing options.
Sec. 6112. Elimination of unnecessary reporting requirements.
Sec. 6113. Access to broadband telecommunications services in rural
areas.
Sec. 6114. Middle mile broadband infrastructure.
Sec. 6115. Outdated broadband systems.
Sec. 6116. Federal broadband program coordination.
Sec. 6117. Effective date.
Subtitle C--Consolidated Farm and Rural Development Act
Sec. 6201. Strengthening regional economic development incentives.
Sec. 6202. Expanding access to credit for rural communities.
Sec. 6203. Providing for additional fees for guaranteed loans.
Sec. 6204. Water, waste disposal, and wastewater facility grants.
Sec. 6205. Rural water and wastewater technical assistance and training
programs.
Sec. 6206. Rural water and wastewater circuit rider program.
Sec. 6207. Tribal college and university essential community
facilities.
Sec. 6208. Emergency and imminent community water assistance grant
program.
Sec. 6209. Water systems for rural and native villages in Alaska.
Sec. 6210. Household water well systems.
Sec. 6211. Solid waste management grants.
Sec. 6212. Rural business development grants.
Sec. 6213. Rural cooperative development grants.
Sec. 6214. Locally or regionally produced agricultural food products.
Sec. 6215. Appropriate technology transfer for rural areas program.
Sec. 6216. Rural economic area partnership zones.
Sec. 6217. Intermediary relending program.
Sec. 6218. Exclusion of prison populations from definition of rural
area.
Sec. 6219. National Rural Development Partnership.
Sec. 6220. Grants for NOAA weather radio transmitters.
Sec. 6221. Rural microentrepreneur assistance program.
Sec. 6222. Health care services.
Sec. 6223. Delta Regional Authority.
Sec. 6224. Northern Great Plains Regional Authority.
Sec. 6225. Rural business investment program.
Subtitle D--Rural Electrification Act of 1936
Sec. 6301. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6302. Expansion of 911 access.
Sec. 6303. Improvements to the guaranteed underwriter program.
Sec. 6304. Extension of the rural economic development loan and grant
program.
Subtitle E--Farm Security and Rural Investment Act of 2002
Sec. 6401. Rural energy savings program.
Sec. 6402. Biobased markets program.
Sec. 6403. Biorefinery, renewable, chemical, and biobased product
manufacturing assistance.
Sec. 6404. Repowering assistance program.
Sec. 6405. Bioenergy program for advanced biofuels.
Sec. 6406. Biodiesel fuel education program.
Sec. 6407. Rural Energy for America Program.
Sec. 6408. Categorical exclusion for grants and financial assistance
made under the Rural Energy for America
Program.
Sec. 6409. Rural Energy Self-Sufficiency Initiative.
Sec. 6410. Feedstock flexibility.
Sec. 6411. Biomass Crop Assistance Program.
Subtitle F--Miscellaneous
Sec. 6501. Value-added agricultural product market development grants.
Sec. 6502. Agriculture innovation center demonstration program.
Sec. 6503. Regional economic and infrastructure development
commissions.
Sec. 6504. Definition of rural area for purposes of the Housing Act of
1949.
Sec. 6505. Limited exclusion of military base residents from definition
of rural area.
Subtitle G--Program Repeals
Sec. 6601. Elimination of unfunded programs.
Sec. 6602. Repeal of Rural Telephone Bank.
Sec. 6603. Amendments to LOCAL TV Act.
Subtitle H--Technical Corrections
Sec. 6701. Corrections relating to the Consolidated Farm and Rural
Development Act.
Sec. 6702. Corrections relating to the Rural Electrification Act of
1936.
Subtitle I--Precision Agriculture Connectivity
Sec. 6801. Findings.
Sec. 6802. Task Force for Reviewing the Connectivity and Technology
Needs of Precision Agriculture.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 7101. International agriculture research.
Sec. 7102. Matters related to certain school designations and
declarations.
Sec. 7103. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7104. Specialty crop committee.
Sec. 7105. Renewable energy committee discontinued.
Sec. 7106. Report on allocations and matching funds for 1890
institutions.
Sec. 7107. Grants and fellowships for food and agriculture sciences
education.
Sec. 7108. Agricultural and food policy research centers.
Sec. 7109. Education grants to Alaska Native serving institutions and
Native Hawaiian serving institutions.
Sec. 7110. Repeal of nutrition education program.
Sec. 7111. Continuing animal health and disease research programs.
Sec. 7112. Extension carryover at 1890 land-grant colleges, including
Tuskegee University.
Sec. 7113. Research and extension funding equity for recently
designated 1890 Institutions.
Sec. 7114. Scholarships for students at 1890 institutions.
Sec. 7115. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including
Tuskegee University.
Sec. 7116. Grants to upgrade agriculture and food sciences facilities
and equipment at insular area land-grant
institutions.
Sec. 7117. Hispanic-serving institutions.
Sec. 7118. Land-grant designation.
Sec. 7119. Competitive grants for international agricultural science
and education programs.
Sec. 7120. Limitation on indirect costs for agricultural research,
education, and extension programs.
Sec. 7121. Research equipment grants.
Sec. 7122. University research.
Sec. 7123. Extension service.
Sec. 7124. Supplemental and alternative crops.
Sec. 7125. Capacity building grants for NLGCA institutions.
Sec. 7126. Aquaculture assistance programs.
Sec. 7127. Rangeland research programs.
Sec. 7128. Special authorization for biosecurity planning and response.
Sec. 7129. Distance education and resident instruction grants program
for insular area institutions of higher
education.
Sec. 7130. Removal of matching funds requirement for certain grants.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 7201. Best utilization of biological applications.
Sec. 7202. Integrated management systems.
Sec. 7203. Sustainable agriculture technology development and transfer
program.
Sec. 7204. National training program.
Sec. 7205. National Genetics Resources Program.
Sec. 7206. National Agricultural Weather Information System.
Sec. 7207. Agricultural genome to phenome initiative.
Sec. 7208. High-priority research and extension initiatives.
Sec. 7209. Organic agriculture research and extension initiative.
Sec. 7210. Farm business management.
Sec. 7211. Clarification of veteran eligibility for assistive
technology program for farmers with
disabilities.
Sec. 7212. National Rural Information Center Clearinghouse.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
Sec. 7300. Ending limitation on funding under national food safety
training, education, extension, outreach,
and technical assistance program.
Sec. 7301. National food safety training, education, extension,
outreach, and technical assistance program.
Sec. 7302. Integrated research, education, and extension competitive
grants program.
Sec. 7303. Support for research regarding diseases of wheat, triticale,
and barley caused by Fusarium graminearum
or by Tilletia indica.
Sec. 7304. Grants for youth organizations.
Sec. 7305. Specialty crop research initiative.
Sec. 7306. Food Animal Residue Avoidance Database program.
Sec. 7307. Office of Pest Management Policy.
Sec. 7308. Forestry products advanced utilization research.
Subtitle D--Food, Conservation, and Energy Act of 2008
Part I--Agricultural Security
Sec. 7401. Agricultural biosecurity communication center.
Sec. 7402. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and
response.
Sec. 7403. Research and development of agricultural countermeasures.
Sec. 7404. Agricultural biosecurity grant program.
Part II--Miscellaneous
Sec. 7411. Grazinglands research laboratory.
Sec. 7412. Natural products research program.
Sec. 7413. Sun grant program.
Subtitle E--Amendments to Other Laws
Sec. 7501. Critical Agricultural Materials Act.
Sec. 7502. Equity in Educational Land-Grant Status Act of 1994.
Sec. 7503. Research Facilities Act.
Sec. 7504. Competitive, Special, and Facilities Research Grant Act.
Sec. 7505. Renewable Resources Extension Act of 1978.
Sec. 7506. National Aquaculture Act of 1980.
Sec. 7507. Beginning farmer and rancher development program.
Sec. 7508. Federal agriculture research facilities.
Sec. 7509. Biomass research and development.
Subtitle F--Other Matters
Sec. 7601. Enhanced use lease authority program.
Sec. 7602. Functions and Duties of the Under Secretary.
Sec. 7603. Reinstatement of District of Columbia matching requirement
for certain land-grant university
assistance.
Sec. 7604. Farmland tenure, transition, and entry data initiative.
Sec. 7605. Transfer of administrative jurisdiction, portion of Henry A.
Wallace Beltsville Agricultural Research
Center, Beltsville, Maryland.
Sec. 7606. Simplified plan of work.
Sec. 7607. Time and effort reporting exemption.
Sec. 7608. Public education on biotechnology in food and agriculture
sectors.
TITLE VIII--FORESTRY
Subtitle A--Reauthorization and Modification of Certain Forestry
Programs
Sec. 8101. Support for State assessments and strategies for forest
resources.
Sec. 8102. Forest legacy program.
Sec. 8103. Community forest and open space conservation program.
Sec. 8104. State and private forest landscape-scale restoration
program.
Sec. 8105. Rural revitalization technologies.
Sec. 8106. Community wood energy and wood innovation program.
Sec. 8107. Healthy Forests Restoration Act of 2003 amendments.
Sec. 8108. National Forest Foundation Act authorities.
Sec. 8109. Inclusion of invasive vegetation in designated treatment
areas.
Subtitle B--Secure Rural Schools and Community Self-Determination Act
of 2000 Amendments
Sec. 8201. Use of reserved funds for title II projects on Federal land
and certain non-Federal land.
Sec. 8202. Resource advisory committees.
Sec. 8203. Program for title II self-sustaining resource advisory
committee projects.
Subtitle C--Availability of Categorical Exclusions To Expedite Forest
Management Activities
Part I--General Provisions
Sec. 8301. Definitions.
Sec. 8302. Rule of application for National Forest System lands and
public lands.
Sec. 8303. Consultation under the Endangered Species Act.
Sec. 8304. Secretarial discretion in the case of two or more
categorical exclusions.
Part II--Categorical Exclusions
Sec. 8311. Categorical exclusion to expedite certain critical response
actions.
Sec. 8312. Categorical exclusion to expedite salvage operations in
response to catastrophic events.
Sec. 8313. Categorical exclusion to meet forest plan goals for early
successional forests.
Sec. 8314. Categorical exclusion for hazard trees.
Sec. 8315. Categorical exclusion to improve or restore National Forest
System lands or public land or reduce the
risk of wildfire.
Sec. 8316. Categorical exclusion for forest restoration.
Sec. 8317. Categorical exclusion for infrastructure forest management
activities.
Sec. 8318. Categorical exclusion for developed recreation sites.
Sec. 8319. Categorical exclusion for administrative sites.
Sec. 8320. Categorical exclusion for special use authorizations.
Sec. 8321. Clarification of existing categorical exclusion authority
related to insect and disease infestation.
Part III--Miscellaneous Forest Management Activities
Sec. 8331. Good neighbor agreements.
Sec. 8332. Promoting cross-boundary wildfire mitigation.
Sec. 8333. Regulations regarding designation of dead or dying trees of
certain tree species on National Forest
System lands in California as exempt from
prohibition on export of unprocessed timber
originating from Federal lands.
Sec. 8334. Salvage and Reforestation in Response to Catastrophic
Events.
Sec. 8335. Analysis of only two alternatives (action versus no action)
in proposed collaborative forest management
activities.
Sec. 8336. Injunctive relief.
Sec. 8337. Application of roadless area conservation rule.
Sec. 8338. Vacant grazing allotments made available to certain grazing
permit holders.
Sec. 8339. Pilot project for forest health, watershed improvement, and
habitat restoration in New Mexico.
Subtitle D--Tribal Forestry Participation and Protection
Sec. 8401. Protection of Tribal forest assets through use of
stewardship end result contracting and
other authorities.
Sec. 8402. Tribal forest management demonstration project.
Subtitle E--Other Matters
Sec. 8501. Clarification of research and development program for wood
building construction.
Sec. 8502. Utility infrastructure rights-of-way vegetation management
pilot program.
Sec. 8503. Revision of extraordinary circumstances regulations.
Sec. 8504. No loss of funds for wildfire suppression.
Sec. 8505. Technical corrections.
Sec. 8506. Conveyance of land and improvements to the village of Santa
Clara, New Mexico.
Sec. 8507. Streamlining the Forest Service process for consideration of
communications facility location
applications.
Sec. 8508. Report on wildfire, insect infestation, and disease
prevention on Federal land.
Sec. 8509. Collaborative forest landscape restoration program.
Sec. 8510. West Fork Fire Station.
Sec. 8511. Competitive forestry, natural resources, and environmental
grants program.
TITLE IX--HORTICULTURE
Subtitle A--Horticulture Marketing and Information
Sec. 9001. Specialty crops market news allocation.
Sec. 9002. Farmers' Market and Local Food Promotion Program.
Sec. 9003. Food safety education initiatives.
Sec. 9004. Specialty crop block grants.
Sec. 9005. Amendments to the Plant Variety Protection Act.
Sec. 9006. Organic programs.
Subtitle B--Regulatory Reform
Part I--State Lead Agencies Under Federal Insecticide, Fungicide, and
Rodenticide Act
Sec. 9101. Recognition and role of State lead agencies.
Part II--Pesticide Registration and Use
Sec. 9111. Registration of pesticides.
Sec. 9112. Experimental use permits.
Sec. 9113. Administrative review; suspension.
Sec. 9114. Unlawful acts.
Sec. 9115. Authority of States.
Sec. 9116. Regulations.
Sec. 9117. Use of authorized pesticides.
Sec. 9118. Discharges of pesticides.
Sec. 9119. Enactment of Pesticide Registration Improvement Enhancement
Act of 2017.
Part III--Amendments to the Plant Protection Act
Sec. 9121. Methyl bromide.
Sec. 9122. Preventing the arrival in the United States of forest pests
through restrictions on the importation of
certain plants for planting.
Part IV--Amendments to Other Laws
Sec. 9131. Definition of retail facilities.
Subtitle C--Other Matters
Sec. 9201. Report on regulation of plant biostimulants.
Sec. 9202. Pecan marketing orders.
Sec. 9203. Report on honey and maple syrup.
TITLE X--CROP INSURANCE
Sec. 10001. Treatment of forage and grazing.
Sec. 10002. Administrative basic fee.
Sec. 10003. Prevention of duplicative coverage.
Sec. 10004. Repeal of unused authority.
Sec. 10005. Continued authority.
Sec. 10006. Program administration.
Sec. 10007. Maintenance of policies.
Sec. 10008. Research and development priorities.
Sec. 10009. Extension of funding for research and development.
Sec. 10010. Education and risk management assistance.
TITLE XI--MISCELLANEOUS
Subtitle A--Livestock
Sec. 11101. Animal Disease Preparedness and Response.
Sec. 11102. National Aquatic Animal Health Plan.
Sec. 11103. Veterinary training.
Sec. 11104. Report on FSIS guidance and outreach to small meat
processors.
Sec. 11105. Regional Cattle and Carcass Grading Correlation and
Training Centers.
Subtitle B--Beginning, Socially Disadvantaged, and Veteran Producers
Sec. 11201. Outreach and assistance for socially disadvantaged farmers
and ranchers and veteran farmers and
ranchers.
Sec. 11202. State beginning farmer and rancher coordinator.
Sec. 11203. Office of Partnerships and Public Engagement.
Sec. 11204. Office of tribal relations.
Sec. 11205. Commission on Farm Transitions--Needs for 2050.
Sec. 11206. Agricultural youth organization coordinator.
Subtitle C--Textiles
Sec. 11301. Repeal of Pima Agriculture Cotton Trust Fund.
Sec. 11302. Repeal of Agriculture Wool Apparel Manufacturers Trust
Fund.
Sec. 11303. Repeal of wool research and promotion grants funding.
Sec. 11304. Textile Trust Fund.
Subtitle D--United States Grain Standards Act
Sec. 11401. Restoring certain exceptions to United States Grain
Standards Act.
Subtitle E--Noninsured Crop Disaster Assistance Program
Sec. 11501. Eligible crops.
Sec. 11502. Service fee.
Sec. 11503. Payments equivalent to additional coverage.
Subtitle F--Other Matters
Sec. 11601. Under Secretary of Agriculture for Farm Production and
Conservation.
Sec. 11602. Authority of Secretary to carry out certain programs under
Department of Agriculture Reorganization
Act of 1994.
Sec. 11603. Conference report requirement threshold.
Sec. 11604. National agriculture imagery program.
Sec. 11605. Report on inclusion of natural stone products in Commodity
Promotion, Research, and Information Act of
1996.
Sec. 11606. South Carolina inclusion in Virginia/Carolina peanut
producing region.
Sec. 11607. Establishment of Food Loss and Waste Reduction Liaison.
Sec. 11608. Establishment of Food Access Liaison.
Sec. 11609. Cotton classification services.
Sec. 11610. Century farms program.
Sec. 11611. Report on agricultural innovation.
Sec. 11612. Report on dog importation.
Sec. 11613. Prohibition on slaughter of dogs and cats for human
consumption.
Sec. 11614. Consideration of the totality of conservation measures.
Sec. 11615. Depredation permits for black vultures.
Sec. 11616. Extending prohibition on animal fighting to the
territories.
Sec. 11617. Waters of the United States rule.
Subtitle G--Protecting Interstate Commerce
Sec. 11701. Prohibition against interference by State and local
governments with production or manufacture
of items in other States.
Sec. 11702. Federal cause of action to challenge State regulation of
interstate commerce.
SEC. 2. DEFINITION OF SECRETARY OF AGRICULTURE.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
SEC. 1111. DEFINITIONS.
In this subtitle and subtitle B:
(1) Actual crop revenue.--The term ``actual crop revenue'',
with respect to a covered commodity for a crop year, means the
amount determined by the Secretary under section 1117(b).
(2) Agriculture risk coverage.--The term ``agriculture risk
coverage'' means coverage provided under section 1117.
(3) Agriculture risk coverage guarantee.--The term
``agriculture risk coverage guarantee'', with respect to a
covered commodity for a crop year, means the amount determined
by the Secretary under section 1117(c).
(4) Base acres.--The term ``base acres'' has the meaning
given the term in section 1111(4)(A) of the Agricultural Act of
2014 (7 U.S.C. 9011(4)(A)), subject to any reallocation,
adjustment, or reduction under section 1112.
(5) Covered commodity.--The term ``covered commodity''
means wheat, oats, and barley (including wheat, oats, and
barley used for haying and grazing), corn, grain sorghum, long
grain rice, medium grain rice, pulse crops, soybeans, other
oilseeds, seed cotton, and peanuts.
(6) Effective price.--The term ``effective price'', with
respect to a covered commodity for a crop year, means the price
calculated by the Secretary under section 1116(b) to determine
whether price loss coverage payments are required to be
provided for that crop year.
(7) Effective reference price.--The term ``effective
reference price'', with respect to a covered commodity for a
crop year, means the lesser of the following:
(A) An amount equal to 115 percent of the reference
price for such covered commodity.
(B) An amount equal to the greater of--
(i) the reference price for such covered
commodity; or
(ii) 85 percent of the average of the
marketing year average price of the covered
commodity for the most recent 5 crop years,
excluding each of the crop years with the
highest and lowest marketing year average
price.
(8) Extra long staple cotton.--The term ``extra long staple
cotton'' means cotton that--
(A) is produced from pure strain varieties of the
barbadense species or any hybrid of the species, or
other similar types of extra long staple cotton,
designated by the Secretary, having characteristics
needed for various end uses for which United States
upland cotton is not suitable and grown in irrigated
cotton-growing regions of the United States designated
by the Secretary or other areas designated by the
Secretary as suitable for the production of the
varieties or types; and
(B) is ginned on a roller-type gin or, if
authorized by the Secretary, ginned on another type gin
for experimental purposes.
(9) Marketing year average price.--The term ``marketing
year average price'' means the national average market price
received by producers during the 12-month marketing year for a
covered commodity, as determined by the Secretary.
(10) Medium grain rice.--The term ``medium grain rice''
includes short grain rice and temperate japonica rice.
(11) Other oilseed.--The term ``other oilseed'' means a
crop of sunflower seed, rapeseed, canola, safflower, flaxseed,
mustard seed, crambe, sesame seed, or any oilseed designated by
the Secretary.
(12) Payment acres.--The term ``payment acres'', with
respect to the provision of price loss coverage payments and
agriculture risk coverage payments, means the number of acres
determined for a farm under section 1114.
(13) Payment yield.--The term ``payment yield'', for a farm
for a covered commodity--
(A) means the yield used to make payments pursuant
to section 1116 of the Agricultural Act of 2014 (7
U.S.C. 9016); or
(B) means the yield established under section 1113.
(14) Price loss coverage.--The term ``price loss coverage''
means coverage provided under section 1116.
(15) Producer.--
(A) In general.--The term ``producer'' means an
owner, operator, landlord, tenant, or sharecropper that
shares in the risk of producing a crop and is entitled
to share in the crop available for marketing from the
farm, or would have shared had the crop been produced.
(B) Hybrid seed.--In determining whether a grower
of hybrid seed is a producer, the Secretary shall--
(i) not take into consideration the
existence of a hybrid seed contract; and
(ii) ensure that program requirements do
not adversely affect the ability of the grower
to receive a payment under this title.
(16) Pulse crop.--The term ``pulse crop'' means dry peas,
lentils, small chickpeas, and large chickpeas.
(17) Reference price.--The term ``reference price'', with
respect to a covered commodity for a crop year, means the
following:
(A) For wheat, $5.50 per bushel.
(B) For corn, $3.70 per bushel.
(C) For grain sorghum, $3.95 per bushel.
(D) For barley, $4.95 per bushel.
(E) For oats, $2.40 per bushel.
(F) For long grain rice, $14.00 per hundredweight.
(G) For medium grain rice, $14.00 per
hundredweight.
(H) For soybeans, $8.40 per bushel.
(I) For other oilseeds, $20.15 per hundredweight.
(J) For peanuts, $535.00 per ton.
(K) For dry peas, $11.00 per hundredweight.
(L) For lentils, $19.97 per hundredweight.
(M) For small chickpeas, $19.04 per hundredweight.
(N) For large chickpeas, $21.54 per hundredweight.
(O) For seed cotton, $0.367 per pound.
(18) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(19) Seed cotton.--The term ``seed cotton'' means unginned
upland cotton that includes both lint and seed.
(20) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(21) Temperate japonica rice.--The term ``temperate
japonica rice'' means rice that is grown in high altitudes or
temperate regions of high latitudes with cooler climate
conditions, in the Western United States, as determined by the
Secretary, for the purpose of--
(A) the establishment of a reference price (as
required under section 1116(g)) and an effective price
pursuant to section 1116; and
(B) the determination of the actual crop revenue
and agriculture risk coverage guarantee pursuant to
section 1117.
(22) Transitional yield.--The term ``transitional yield''
has the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(23) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
(24) United states premium factor.--The term ``United
States Premium Factor'' means the percentage by which the
difference in the United States loan schedule premiums for
Strict Middling (SM) 1\1/8\-inch upland cotton and for Middling
(M) 1\3/32\-inch upland cotton exceeds the difference in the
applicable premiums for comparable international qualities.
SEC. 1112. BASE ACRES.
(a) Adjustment of Base Acres.--
(1) In general.--The Secretary shall provide for an
adjustment, as appropriate, in the base acres for covered
commodities for a farm whenever any of the following
circumstances occur:
(A) A conservation reserve contract entered into
under section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) with respect to the farm expires or is
voluntarily terminated.
(B) Cropland is released from coverage under a
conservation reserve contract by the Secretary.
(C) The producer has eligible oilseed acreage as
the result of the Secretary designating additional
oilseeds, which shall be determined in the same manner
as eligible oilseed acreage under section 1101(a)(1)(D)
of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8711(a)(1)(D)).
(2) Special conservation reserve acreage payment rules.--
For the crop year in which a base acres adjustment under
subparagraph (A) or (B) of paragraph (1) is first made, the
owner of the farm shall elect to receive price loss coverage or
agriculture risk coverage with respect to the acreage added to
the farm under this subsection or a prorated payment under the
conservation reserve contract, but not both.
(b) Prevention of Excess Base Acres.--
(1) Required reduction.--If the sum of the base acres for a
farm and the acreage described in paragraph (2) exceeds the
actual cropland acreage of the farm, the Secretary shall reduce
the base acres for 1 or more covered commodities for the farm
so that the sum of the base acres and the acreage described in
paragraph (2) does not exceed the actual cropland acreage of
the farm.
(2) Other acreage.--For purposes of paragraph (1), the
Secretary shall include the following:
(A) Any acreage on the farm enrolled in the
conservation reserve program or wetlands reserve
program (or successor programs) under title XII of the
Food Security Act of 1985 (16 U.S.C. 3801 et seq.).
(B) Any other acreage on the farm enrolled in a
Federal conservation program for which payments are
made in exchange for not producing an agricultural
commodity on the acreage.
(C) If the Secretary designates additional
oilseeds, any eligible oilseed acreage, which shall be
determined in the same manner as eligible oilseed
acreage under subsection (a)(1)(C).
(3) Selection of acres.--The Secretary shall give the owner
of the farm the opportunity to select the base acres for a
covered commodity for the farm against which the reduction
required by paragraph (1) will be made.
(4) Exception for double-cropped acreage.--In applying
paragraph (1), the Secretary shall make an exception in the
case of double cropping, as determined by the Secretary.
(c) Reduction in Base Acres.--
(1) Reduction at option of owner.--
(A) In general.--The owner of a farm may reduce, at
any time, the base acres for any covered commodity for
the farm.
(B) Effect of reduction.--A reduction under
subparagraph (A) shall be permanent and made in a
manner prescribed by the Secretary.
(2) Required action by secretary.--
(A) In general.--The Secretary shall
proportionately reduce base acres on a farm for land
that has been subdivided and developed for multiple
residential units or other nonfarming uses if the size
of the tracts and the density of the subdivision is
such that the land is unlikely to return to the
previous agricultural use, unless the producers on the
farm demonstrate that the land--
(i) remains devoted to commercial
agricultural production; or
(ii) is likely to be returned to the
previous agricultural use.
(B) Requirement.--The Secretary shall establish
procedures to identify land described in subparagraph
(A).
(3) Treatment of unplanted base.--In the case of a farm on
which no covered commodities (including seed cotton) were
planted or prevented from being planted during the period
beginning on January 1, 2009, and ending on December 31, 2017,
the Secretary shall allocate all base acres on the farm to
unassigned crop base for which no payment shall be made under
section 1116 or 1117.
(4) Prohibition on reconstitution of farm.--The Secretary
shall ensure that producers on a farm do not reconstitute the
farm to void or change the treatment of base acres under this
section.
SEC. 1113. PAYMENT YIELDS.
(a) Treatment of Designated Oilseeds.--
(1) In general.--For the purpose of making price loss
coverage payments under section 1116, the Secretary shall
provide for the establishment of a yield for each farm for any
designated oilseed for which a payment yield was not
established under section 1113 of the Agricultural Act of 2014
(7 U.S.C. 9013) in accordance with this section.
(2) Payment yields for designated oilseeds.--In the case of
designated oilseeds, the payment yield shall be equal to 90
percent of the average of the yield per planted acre for the
most recent five crop years, as determined by the Secretary,
excluding any crop year in which the acreage planted to the
covered commodity was zero.
(3) Application.--This subsection shall apply to oilseeds
designated after the date of the enactment of this Act.
(b) Effect of Lack of Payment Yield.--
(1) Establishment by secretary.--In the case of a covered
commodity on a farm for which base acres have been established,
if no payment yield is otherwise established for the covered
commodity on the farm, the Secretary shall establish an
appropriate payment yield for the covered commodity on the farm
under paragraph (2).
(2) Use of similarly situated farms.--To establish an
appropriate payment yield for a covered commodity on a farm as
required by paragraph (1), the Secretary shall take into
consideration the farm program payment yields applicable to
that covered commodity for similarly situated farms. The use of
such data in an appeal, by the Secretary or by the producer,
shall not be subject to any other provision of law.
(c) Single Opportunity to Update Yields in Counties Affected by
Drought.--
(1) Election to update.--In the case of a farm that is
physically located in a county in which any area of the county
was rated by the U.S. Drought Monitor as having a D4
(exceptional drought) intensity for 20 or more consecutive
weeks during the period beginning January 1, 2008, and ending
December 31, 2012, at the sole discretion of the owner of such
farm, the owner of a farm shall have a 1-time opportunity to
update, on a covered-commodity-by-covered-commodity basis, the
payment yield that would otherwise be used in calculating any
price loss coverage payment for each covered commodity on the
farm for which the election is made.
(2) Method of updating yields for covered commodities.--If
the owner of a farm elects to update yields under paragraph
(1), the payment yield for covered commodities on the farm, for
the purpose of calculating price loss coverage payments only,
shall be equal to 90 percent of the average of the yield per
planted acre for the crop of covered commodities on the farm
for the 2013 through 2017 crop years, as determined by the
Secretary, excluding any crop year in which the acreage planted
to the covered commodity was zero.
(3) Use of county average yield.--For the purposes of
determining the average yield under paragraph (2), if the yield
per planted acre for a crop of a covered commodity for a farm
for any of the crop years specified in paragraph (2) was less
than 75 percent of the average of county yields for those same
years for that commodity, the Secretary shall assign a yield
for that crop year equal to 75 percent of the average of the
2013 though 2017 county yield for the covered commodity.
(4) Upland cotton conversion.--In the case of seed cotton,
for purposes of determining the average of the yield per
planted acre under paragraph (2), the average yield for seed
cotton per planted acre shall be equal to 2.4 times the average
yield for upland cotton per planted acre.
(5) Time for election.--An election under this subsection
shall be made at a time and manner so as to be in effect
beginning with the 2019 crop year, as determined by the
Secretary.
SEC. 1114. PAYMENT ACRES.
(a) Determination of Payment Acres.--Subject to subsection (d), for
the purpose of price loss coverage and agriculture risk coverage, the
payment acres for each covered commodity on a farm shall be equal to 85
percent of the base acres for the covered commodity on the farm.
(b) Effect of Minimal Payment Acres.--
(1) Prohibition on payments.--Notwithstanding any other
provision of this title, a producer on a farm may not receive
price loss coverage payments or agriculture risk coverage
payments if the sum of the base acres on the farm is 10 acres
or less, as determined by the Secretary, unless the sum of the
base acres on the farm, when combined with the base acres of
other farms in which the producer has an interest, is more than
10 acres.
(2) Exceptions.--Paragraph (1) does not apply to a producer
that is--
(A) a socially disadvantaged farmer or rancher (as
defined in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e))); or
(B) a limited resource farmer or rancher, as
defined by the Secretary.
(c) Effect of Planting Fruits and Vegetables.--
(1) Reduction required.--In the manner provided in this
subsection, payment acres on a farm shall be reduced in any
crop year in which fruits, vegetables (other than mung beans
and pulse crops), or wild rice have been planted on base acres
on a farm.
(2) Price loss coverage and agricultural risk coverage.--In
the case of price loss coverage payments and agricultural risk
coverage payments, the reduction under paragraph (1) shall be
the amount equal to the base acres planted to crops referred to
in such paragraph in excess of 15 percent of base acres.
(3) Reduction exceptions.--No reduction to payment acres
shall be made under this subsection if--
(A) cover crops or crops referred to in paragraph
(1) are grown solely for conservation purposes and not
harvested for use or sale, as determined by the
Secretary; or
(B) in any region in which there is a history of
double-cropping covered commodities with crops referred
to in paragraph (1) and such crops were so double-
cropped on the base acres, as determined by the
Secretary.
(4) Effect of reduction.--For each crop year for which
fruits, vegetables (other than mung beans and pulse crops), or
wild rice are planted to base acres on a farm for which a
reduction in payment acres is made under this subsection, the
Secretary shall consider such base acres to be planted, or
prevented from planting, to a covered commodity for purposes of
any adjustment or reduction of base acres for the farm under
section 1112.
(d) Unassigned Crop Base.--The Secretary shall maintain information
on base acres allocated as unassigned crop base pursuant to--
(1) section 1112(c)(3); or
(2) section 1112(a) of the Agricultural Act of 2014 (7
U.S.C. 9012(a)).
SEC. 1115. PRODUCER ELECTION.
(a) Election Required.--For the 2019 through 2023 crop years, all
of the producers on a farm shall make a 1-time, irrevocable election to
obtain on a covered-commodity-by-covered-commodity basis--
(1) price loss coverage under section 1116; or
(2) agriculture risk coverage under section 1117.
(b) Effect of Failure to Make Unanimous Election.--If all the
producers on a farm fail to make a unanimous election under subsection
(a) for the 2019 crop year--
(1) the Secretary shall not make any payments with respect
to the farm for the 2019 crop year under section 1116 or 1117;
and
(2) the producers on the farm shall be deemed to have
elected price loss coverage under section 1116 for all covered
commodities on the farm for the 2020 through 2023 crop years.
(c) Prohibition on Reconstitution.--The Secretary shall ensure that
producers on a farm do not reconstitute the farm to void or change an
election made under this section.
SEC. 1116. PRICE LOSS COVERAGE.
(a) Price Loss Coverage Payments.--If all of the producers on a
farm make the election under subsection (a) of section 1115 to obtain
price loss coverage or, subject to subsection (b)(1) of such section,
are deemed to have made such election under subsection (b)(2) of such
section, the Secretary shall make price loss coverage payments to
producers on the farm on a covered-commodity-by-covered-commodity basis
if the Secretary determines that, for any of the 2019 through 2023 crop
years--
(1) the effective price for the covered commodity for the
crop year; is less than
(2) the effective reference price for the covered commodity
for the crop year.
(b) Effective Price.--The effective price for a covered commodity
for a crop year shall be the higher of--
(1) the marketing year average price; or
(2) the national average loan rate for a marketing
assistance loan for the covered commodity in effect for such
crop year under subtitle B.
(c) Payment Rate.--The payment rate shall be equal to the
difference between--
(1) the effective reference price for the covered
commodity; and
(2) the effective price determined under subsection (b) for
the covered commodity.
(d) Payment Amount.--If price loss coverage payments are required
to be provided under this section for any of the 2019 through 2023 crop
years for a covered commodity, the amount of the price loss coverage
payment to be paid to the producers on a farm for the crop year shall
be equal to the product obtained by multiplying--
(1) the payment rate for the covered commodity under
subsection (c);
(2) the payment yield for the covered commodity; and
(3) the payment acres for the covered commodity determined
under section 1114.
(e) Time for Payments.--If the Secretary determines under this
section that price loss coverage payments are required to be provided
for the covered commodity, the payments shall be made beginning October
1, or as soon as practicable thereafter, after the end of the
applicable marketing year for the covered commodity.
(f) Effective Price for Barley.--In determining the effective price
for barley under subsection (b), the Secretary shall use the all-barley
price.
(g) Reference Price for Temperate Japonica Rice.--In order to
reflect price premiums, the Secretary shall provide a reference price
with respect to temperate japonica rice in an amount equal to the
amount established under subparagraph (F) of section 1111(17), as
adjusted by paragraph (7) of such section, multiplied by the ratio
obtained by dividing--
(1) the simple average of the marketing year average price
of medium grain rice from the 2012 through 2016 crop years; by
(2) the simple average of the marketing year average price
of all rice from the 2012 through 2016 crop years.
SEC. 1117. AGRICULTURE RISK COVERAGE.
(a) Agriculture Risk Coverage Payments.--If all of the producers on
a farm make the election under section 1115(a) to obtain agriculture
risk coverage, the Secretary shall make agriculture risk coverage
payments to producers on the farm if the Secretary determines that, for
any of the 2019 through 2023 crop years--
(1) the actual crop revenue determined under subsection (b)
for the crop year; is less than
(2) the agriculture risk coverage guarantee determined
under subsection (c) for the crop year.
(b) Actual Crop Revenue.--The amount of the actual crop revenue for
a county for a crop year of a covered commodity shall be equal to the
product obtained by multiplying--
(1) the actual average county yield per planted acre for
the covered commodity, as determined by the Secretary; and
(2) the higher of--
(A) the marketing year average price; or
(B) the national average loan rate for a marketing
assistance loan for the covered commodity in effect for
such crop year under subtitle B.
(c) Agriculture Risk Coverage Guarantee.--
(1) In general.--The agriculture risk coverage guarantee
for a crop year for a covered commodity shall equal 86 percent
of the benchmark revenue.
(2) Benchmark revenue.--The benchmark revenue shall be
equal to the product obtained by multiplying--
(A) subject to paragraph (3), the average
historical county yield as determined by the Secretary
for the most recent 5 crop years, excluding each of the
crop years with the highest and lowest yields; and
(B) subject to paragraph (4), the marketing year
average price for the most recent 5 crop years,
excluding each of the crop years with the highest and
lowest prices.
(3) Yield conditions.--If the yield per planted acre for
the covered commodity or historical county yield per planted
acre for the covered commodity for any of the 5 most recent
crop years, as determined by the Secretary, is less than 70
percent of the transitional yield, as determined by the
Secretary, the amounts used for any of those years in paragraph
(2)(A) shall be 70 percent of the transitional yield.
(4) Reference price.--If the marketing year average price
for any of the 5 most recent crop years is lower than the
reference price for the covered commodity, the Secretary shall
use the reference price for any of those years for the amounts
in paragraph (2)(B).
(d) Payment Rate.--The payment rate for a covered commodity in a
county shall be equal to the lesser of--
(1) the amount that--
(A) the agriculture risk coverage guarantee for the
crop year applicable under subsection (c); exceeds
(B) the actual crop revenue for the crop year
applicable under subsection (b); or
(2) 10 percent of the benchmark revenue for the crop year
applicable under subsection (c).
(e) Payment Amount.--If agriculture risk coverage payments are
required to be paid for any of the 2019 through 2023 crop years, the
amount of the agriculture risk coverage payment for the crop year shall
be determined by multiplying--
(1) the payment rate for the covered commodity determined
under subsection (d); and
(2) the payment acres for the covered commodity determined
under section 1114.
(f) Time for Payments.--If the Secretary determines that
agriculture risk coverage payments are required to be provided for the
covered commodity, payments shall be made beginning October 1, or as
soon as practicable thereafter, after the end of the applicable
marketing year for the covered commodity.
(g) Additional Duties of the Secretary.--In providing agriculture
risk coverage, the Secretary shall--
(1) to the maximum extent practicable, use all available
information and analysis, including data mining, to check for
anomalies in the determination of agriculture risk coverage
payments;
(2) calculate a separate actual crop revenue and
agriculture risk coverage guarantee for irrigated and
nonirrigated covered commodities;
(3) assign an actual or benchmark county yield for each
planted acre for the crop year for the covered commodity--
(A) for a county for which county data collected by
the Risk Management Agency is sufficient for the
Secretary to offer a county-wide insurance product
using the actual average county yield determined by the
Risk Management Agency; or
(B) for a county not described in subparagraph (A)
using--
(i) other sources of yield information, as
determined by the Secretary; or
(ii) the yield history of representative
farms in the State, region, or crop reporting
district, as determined by the Secretary; and
(4) make payments, as applicable, to producers using the
payment rate of the county of the physical location of the base
acres of a farm.
SEC. 1118. PRODUCER AGREEMENTS.
(a) Compliance With Certain Requirements.--
(1) Requirements.--Before the producers on a farm may
receive payments under this subtitle with respect to the farm,
the producers shall agree, during the crop year for which the
payments are made and in exchange for the payments--
(A) to comply with applicable conservation
requirements under subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection
requirements under subtitle C of title XII of that Act
(16 U.S.C. 3821 et seq.);
(C) to effectively control noxious weeds and
otherwise maintain the land in accordance with sound
agricultural practices, as determined by the Secretary;
and
(D) to use the land on the farm, in a quantity
equal to the attributable base acres for the farm and
any base acres for an agricultural or conserving use,
and not for a nonagricultural commercial, industrial,
or residential use, as determined by the Secretary.
(2) Compliance.--The Secretary may issue such rules as the
Secretary considers necessary to ensure producer compliance
with the requirements of paragraph (1).
(3) Modification.--At the request of the transferee or
owner, the Secretary may modify the requirements of this
subsection if the modifications are consistent with the
objectives of this subsection, as determined by the Secretary.
(b) Transfer or Change of Interest in Farm.--
(1) Termination.--
(A) In general.--Except as provided in paragraph
(2), a transfer of (or change in) the interest of the
producers on a farm for which payments under this
subtitle are provided shall result in the termination
of the payments, unless the transferee or owner of the
acreage agrees to assume all obligations under
subsection (a).
(B) Effective date.--The termination shall take
effect on the date determined by the Secretary.
(2) Exception.--If a producer entitled to a payment under
this subtitle dies, becomes incompetent, or is otherwise unable
to receive the payment, the Secretary shall make the payment in
accordance with rules issued by the Secretary.
(c) Acreage Reports.--As a condition on the receipt of any benefits
under this subtitle or subtitle B, the Secretary shall require
producers on a farm to submit to the Secretary annual acreage reports
with respect to all cropland on the farm.
(d) Effect of Inaccurate Reports.--No penalty with respect to
benefits under this subtitle or subtitle B shall be assessed against a
producer on a farm for an inaccurate acreage report unless the
Secretary determines that the producer on the farm knowingly and
willfully falsified the acreage report.
(e) Tenants and Sharecroppers.--In carrying out this subtitle, the
Secretary shall provide adequate safeguards to protect the interests of
tenants and sharecroppers.
(f) Sharing of Payments.--The Secretary shall provide for the
sharing of payments made under this subtitle among the producers on a
farm on a fair and equitable basis.
Subtitle B--Marketing Loans
SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR
LOAN COMMODITIES.
(a) Definition of Loan Commodity.--In this subtitle, the term
``loan commodity'' means wheat, corn, grain sorghum, barley, oats,
upland cotton, extra long staple cotton, long grain rice, medium grain
rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool,
mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas.
(b) Nonrecourse Loans Available.--
(1) In general.--For each of the 2019 through 2023 crops of
each loan commodity, the Secretary shall make available to
producers on a farm nonrecourse marketing assistance loans for
loan commodities produced on the farm.
(2) Terms and conditions.--The marketing assistance loans
shall be made under terms and conditions that are prescribed by
the Secretary and at the loan rate established under section
1202 for the loan commodity.
(c) Eligible Production.--The producers on a farm shall be eligible
for a marketing assistance loan under subsection (b) for any quantity
of a loan commodity produced on the farm.
(d) Compliance With Conservation and Wetlands Requirements.--As a
condition of the receipt of a marketing assistance loan under
subsection (b), the producer shall comply with applicable conservation
requirements under subtitle B of title XII of the Food Security Act of
1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection
requirements under subtitle C of title XII of that Act (16 U.S.C. 3821
et seq.) during the term of the loan.
(e) Special Rules for Peanuts.--
(1) In general.--This subsection shall apply only to
producers of peanuts.
(2) Options for obtaining loan.--A marketing assistance
loan under this section, and loan deficiency payments under
section 1205, may be obtained at the option of the producers on
a farm through--
(A) a designated marketing association or marketing
cooperative of producers that is approved by the
Secretary; or
(B) the Farm Service Agency.
(3) Storage of loan peanuts.--As a condition on the
approval by the Secretary of an individual or entity to provide
storage for peanuts for which a marketing assistance loan is
made under this section, the individual or entity shall agree--
(A) to provide the storage on a nondiscriminatory
basis; and
(B) to comply with such additional requirements as
the Secretary considers appropriate to accomplish the
purposes of this section and promote fairness in the
administration of the benefits of this section.
(4) Storage, handling, and associated costs.--
(A) In general.--To ensure proper storage of
peanuts for which a loan is made under this section,
the Secretary shall pay handling and other associated
costs (other than storage costs) incurred at the time
at which the peanuts are placed under loan, as
determined by the Secretary.
(B) Redemption and forfeiture.--The Secretary
shall--
(i) require the repayment of handling and
other associated costs paid under subparagraph
(A) for all peanuts pledged as collateral for a
loan that is redeemed under this section; and
(ii) pay storage, handling, and other
associated costs for all peanuts pledged as
collateral that are forfeited under this
section.
(5) Marketing.--A marketing association or cooperative may
market peanuts for which a loan is made under this section in
any manner that conforms to consumer needs, including the
separation of peanuts by type and quality.
(6) Reimbursable agreements and payment of administrative
expenses.--The Secretary may implement any reimbursable
agreements or provide for the payment of administrative
expenses under this subsection only in a manner that is
consistent with those activities in regard to other loan
commodities.
SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.
(a) In General.--For purposes of each of the 2019 through 2023 crop
years, the loan rate for a marketing assistance loan under section 1201
for a loan commodity shall be equal to the following:
(1) In the case of wheat, $2.94 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of barley, $1.95 per bushel.
(5) In the case of oats, $1.39 per bushel.
(6)(A) Subject to subparagraphs (B) and (C), in the case of
base quality of upland cotton, the simple average of the
adjusted prevailing world price for the 2 immediately preceding
marketing years, as determined by the Secretary and announced
October 1 preceding the next domestic planting.
(B) Except as provided in subparagraph (C), the loan rate
determined under subparagraph (A) may not equal less than an
amount equal to 98 percent of the loan rate for base quality of
upland cotton for the preceding year.
(C) The loan rate determined under subparagraph (A) may not
be equal to an amount--
(i) less than $0.45 per pound; or
(ii) more than $0.52 per pound.
(7) In the case of extra long staple cotton, $0.95 per
pound.
(8) In the case of long grain rice, $6.50 per
hundredweight.
(9) In the case of medium grain rice, $6.50 per
hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $10.09 per
hundredweight for each of the following kinds of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Secretary.
(12) In the case of dry peas, $5.40 per hundredweight.
(13) In the case of lentils, $11.28 per hundredweight.
(14) In the case of small chickpeas, $7.43 per
hundredweight.
(15) In the case of large chickpeas, $11.28 per
hundredweight.
(16) In the case of graded wool, $1.15 per pound.
(17) In the case of nongraded wool, $0.40 per pound.
(18) In the case of mohair, $4.20 per pound.
(19) In the case of honey, $0.69 per pound.
(20) In the case of peanuts, $355 per ton.
(b) Single County Loan Rate for Other Oilseeds.--The Secretary
shall establish a single loan rate in each county for each kind of
other oilseeds described in subsection (a)(11).
(c) Rule for Seed Cotton.--
(1) In general.--For purposes of sections 1116(b)(2) and
1117(b)(2)(B) only, seed cotton shall be deemed to have a loan
rate equal to $0.25 per pound.
(2) Rule of construction.--Nothing in this subsection shall
be construed to authorize nonrecourse marketing assistance
loans under this subtitle for seed cotton.
SEC. 1203. TERM OF LOANS.
(a) Term of Loan.--In the case of each loan commodity, a marketing
assistance loan under section 1201 shall have a term of 9 months
beginning on the first day of the first month after the month in which
the loan is made.
(b) Extensions Prohibited.--The Secretary may not extend the term
of a marketing assistance loan for any loan commodity.
SEC. 1204. REPAYMENT OF LOANS.
(a) General Rule.--The Secretary shall permit the producers on a
farm to repay a marketing assistance loan under section 1201 for a loan
commodity (other than upland cotton, long grain rice, medium grain
rice, extra long staple cotton, peanuts and confectionery and each
other kind of sunflower seed (other than oil sunflower seed)) at a rate
that is the lesser of--
(1) the loan rate established for the commodity under
section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283));
(2) a rate (as determined by the Secretary) that--
(A) is calculated based on average market prices
for the loan commodity during the preceding 30-day
period; and
(B) will minimize discrepancies in marketing loan
benefits across State boundaries and across county
boundaries; or
(3) a rate that the Secretary may develop using alternative
methods for calculating a repayment rate for a loan commodity
that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the
commodity by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing the commodity;
(D) allow the commodity produced in the United
States to be marketed freely and competitively, both
domestically and internationally; and
(E) minimize discrepancies in marketing loan
benefits across State boundaries and across county
boundaries.
(b) Repayment Rates for Upland Cotton, Long Grain Rice, and Medium
Grain Rice.--The Secretary shall permit producers to repay a marketing
assistance loan under section 1201 for upland cotton, long grain rice,
and medium grain rice at a rate that is the lesser of--
(1) the loan rate established for the commodity under
section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) the prevailing world market price for the commodity, as
determined and adjusted by the Secretary in accordance with
this section.
(c) Repayment Rates for Extra Long Staple Cotton.--Repayment of a
marketing assistance loan for extra long staple cotton shall be at the
loan rate established for the commodity under section 1202, plus
interest (determined in accordance with section 163 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).
(d) Prevailing World Market Price.--For purposes of this section
and section 1207, the Secretary shall prescribe by regulation--
(1) a formula to determine the prevailing world market
price for each of upland cotton, long grain rice and medium
grain rice; and
(2) a mechanism by which the Secretary shall announce
periodically those prevailing world market prices.
(e) Adjustment of Prevailing World Market Price for Upland Cotton,
Long Grain Rice, and Medium Grain Rice.--
(1) Rice.--The prevailing world market price for long grain
rice and medium grain rice determined under subsection (d)
shall be adjusted to United States quality and location.
(2) Cotton.--The prevailing world market price for upland
cotton determined under subsection (d)--
(A) shall be adjusted to United States quality and
location, with the adjustment to include--
(i) a reduction equal to any United States
Premium Factor for upland cotton of a quality
higher than Middling (M) 1\3/32\-inch; and
(ii) the average costs to market the
commodity, including average transportation
costs, as determined by the Secretary; and
(B) may be further adjusted, during the period
beginning on the date of enactment of this Act and
ending on July 31, 2024, if the Secretary determines
the adjustment is necessary--
(i) to minimize potential loan forfeitures;
(ii) to minimize the accumulation of stocks
of upland cotton by the Federal Government;
(iii) to ensure that upland cotton produced
in the United States can be marketed freely and
competitively, both domestically and
internationally; and
(iv) to ensure an appropriate transition
between current-crop and forward-crop price
quotations, except that the Secretary may use
forward-crop price quotations prior to July 31
of a marketing year only if--
(I) there are insufficient current-
crop price quotations; and
(II) the forward-crop price
quotation is the lowest such quotation
available.
(3) Guidelines for additional adjustments.--In making
adjustments under this subsection, the Secretary shall
establish a mechanism for determining and announcing the
adjustments in order to avoid undue disruption in the United
States market.
(f) Repayment Rates for Confectionery and Other Kinds of Sunflower
Seeds.--The Secretary shall permit the producers on a farm to repay a
marketing assistance loan under section 1201 for confectionery and each
other kind of sunflower seed (other than oil sunflower seed) at a rate
that is the lesser of--
(1) the loan rate established for the commodity under
section 1202, plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) the repayment rate established for oil sunflower seed.
(g) Payment of Cotton Storage Costs.--Effective for each of the
2019 through 2023 crop years, the Secretary shall make cotton storage
payments available in the same manner, and at the same rates as the
Secretary provided storage payments for the 2006 crop of cotton, except
that the rates shall be reduced by 10 percent.
(h) Repayment Rate for Peanuts.--The Secretary shall permit
producers on a farm to repay a marketing assistance loan for peanuts
under section 1201 at a rate that is the lesser of--
(1) the loan rate established for peanuts under section
1202(a)(20), plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of peanuts
by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing peanuts; and
(D) allow peanuts produced in the United States to
be marketed freely and competitively, both domestically
and internationally.
(i) Authority To Temporarily Adjust Repayment Rates.--
(1) Adjustment authority.--In the event of a severe
disruption to marketing, transportation, or related
infrastructure, the Secretary may modify the repayment rate
otherwise applicable under this section for marketing
assistance loans under section 1201 for a loan commodity.
(2) Duration.--Any adjustment made under paragraph (1) in
the repayment rate for marketing assistance loans for a loan
commodity shall be in effect on a short-term and temporary
basis, as determined by the Secretary.
SEC. 1205. LOAN DEFICIENCY PAYMENTS.
(a) Availability of Loan Deficiency Payments.--
(1) In general.--Except as provided in subsection (d), the
Secretary may make loan deficiency payments available to
producers on a farm that, although eligible to obtain a
marketing assistance loan under section 1201 with respect to a
loan commodity, agree to forgo obtaining the loan for the
commodity in return for loan deficiency payments under this
section.
(2) Unshorn pelts, hay, and silage.--
(A) Marketing assistance loans.--Subject to
subparagraph (B), nongraded wool in the form of unshorn
pelts and hay and silage derived from a loan commodity
are not eligible for a marketing assistance loan under
section 1201.
(B) Loan deficiency payment.--Effective for each of
the 2019 through 2023 crop years, the Secretary may
make loan deficiency payments available under this
section to producers on a farm that produce unshorn
pelts or hay and silage derived from a loan commodity.
(b) Computation.--A loan deficiency payment for a loan commodity or
commodity referred to in subsection (a)(2) shall be equal to the
product obtained by multiplying--
(1) the payment rate determined under subsection (c) for
the commodity; by
(2) the quantity of the commodity produced by the eligible
producers, excluding any quantity for which the producers
obtain a marketing assistance loan under section 1201.
(c) Payment Rate.--
(1) In general.--In the case of a loan commodity, the
payment rate shall be the amount by which--
(A) the loan rate established under section 1202
for the loan commodity; exceeds
(B) the rate at which a marketing assistance loan
for the loan commodity may be repaid under section
1204.
(2) Unshorn pelts.--In the case of unshorn pelts, the
payment rate shall be the amount by which--
(A) the loan rate established under section 1202
for ungraded wool; exceeds
(B) the rate at which a marketing assistance loan
for ungraded wool may be repaid under section 1204.
(3) Hay and silage.--In the case of hay or silage derived
from a loan commodity, the payment rate shall be the amount by
which--
(A) the loan rate established under section 1202
for the loan commodity from which the hay or silage is
derived; exceeds
(B) the rate at which a marketing assistance loan
for the loan commodity may be repaid under section
1204.
(d) Exception for Extra Long Staple Cotton.--This section shall not
apply with respect to extra long staple cotton.
(e) Effective Date for Payment Rate Determination.--The Secretary
shall determine the amount of the loan deficiency payment to be made
under this section to the producers on a farm with respect to a
quantity of a loan commodity or commodity referred to in subsection
(a)(2) using the payment rate in effect under subsection (c) as of the
date the producers request the payment.
SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) Eligible Producers.--
(1) In general.--Effective for each of the 2019 through
2023 crop years, in the case of a producer that would be
eligible for a loan deficiency payment under section 1205 for
wheat, barley, or oats, but that elects to use acreage planted
to the wheat, barley, or oats for the grazing of livestock, the
Secretary shall make a payment to the producer under this
section if the producer enters into an agreement with the
Secretary to forgo any other harvesting of the wheat, barley,
or oats on that acreage.
(2) Grazing of triticale acreage.--Effective for each of
the 2019 through 2023 crop years, with respect to a producer on
a farm that uses acreage planted to triticale for the grazing
of livestock, the Secretary shall make a payment to the
producer under this section if the producer enters into an
agreement with the Secretary to forgo any other harvesting of
triticale on that acreage.
(b) Payment Amount.--
(1) In general.--The amount of a payment made under this
section to a producer on a farm described in subsection (a)(1)
shall be equal to the amount determined by multiplying--
(A) the loan deficiency payment rate determined
under section 1205(c) in effect, as of the date of the
agreement, for the county in which the farm is located;
by
(B) the payment quantity determined by
multiplying--
(i) the quantity of the grazed acreage on
the farm with respect to which the producer
elects to forgo harvesting of wheat, barley, or
oats; and
(ii)(I) the payment yield in effect for the
calculation of price loss coverage under
section 1116 with respect to that loan
commodity on the farm;
(II) in the case of a farm for which
agriculture risk coverage is elected under
section 1117, the payment yield that would
otherwise be in effect with respect to that
loan commodity on the farm in the absence of
such election; or
(III) in the case of a farm for which no
payment yield is otherwise established for that
loan commodity on the farm, an appropriate
yield established by the Secretary in a manner
consistent with section 1113(b).
(2) Grazing of triticale acreage.--The amount of a payment
made under this section to a producer on a farm described in
subsection (a)(2) shall be equal to the amount determined by
multiplying--
(A) the loan deficiency payment rate determined
under section 1205(c) in effect for wheat, as of the
date of the agreement, for the county in which the farm
is located; by
(B) the payment quantity determined by
multiplying--
(i) the quantity of the grazed acreage on
the farm with respect to which the producer
elects to forgo harvesting of triticale; and
(ii)(I) the payment yield in effect for the
calculation of price loss coverage under
subtitle A with respect to wheat on the farm;
(II) in the case of a farm for which
agriculture risk coverage is elected under
section 1117, the payment yield that would
otherwise be in effect for wheat on the farm in
the absence of such election; or
(III) in the case of a farm for which no
payment yield is otherwise established for
wheat on the farm, an appropriate yield
established by the Secretary in a manner
consistent with section 1113(b).
(c) Time, Manner, and Availability of Payment.--
(1) Time and manner.--A payment under this section shall be
made at the same time and in the same manner as loan deficiency
payments are made under section 1205.
(2) Availability.--
(A) In general.--The Secretary shall establish an
availability period for the payments authorized by this
section.
(B) Certain commodities.--In the case of wheat,
barley, and oats, the availability period shall be
consistent with the availability period for the
commodity established by the Secretary for marketing
assistance loans authorized by this subtitle.
(d) Prohibition on Crop Insurance Indemnity or Noninsured Crop
Assistance.--A 2019 through 2023 crop of wheat, barley, oats, or
triticale planted on acreage that a producer elects, in the agreement
required by subsection (a), to use for the grazing of livestock in lieu
of any other harvesting of the crop shall not be eligible for an
indemnity under a policy or plan of insurance authorized under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop
assistance under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333).
SEC. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND COTTON.
(a) Special Import Quota.--
(1) Definition of special import quota.--In this
subsection, the term ``special import quota'' means a quantity
of imports that is not subject to the over-quota tariff rate of
a tariff-rate quota.
(2) Establishment.--
(A) In general.--The President shall carry out an
import quota program beginning on August 1, 2019, as
provided in this subsection.
(B) Program requirements.--Whenever the Secretary
determines and announces that for any consecutive 4-
week period, the Friday through Thursday average price
quotation for the lowest priced United States growth,
as quoted for Middling (M) 1\3/32\-inch upland cotton,
delivered to a definable and significant international
market, as determined by the Secretary, exceeds the
prevailing world market price, there shall immediately
be in effect a special import quota.
(3) Quantity.--The quota shall be equal to the consumption
during a 1-week period of cotton by domestic mills at the
seasonally adjusted average rate of the most recent 3 months
for which official data of the Department of Agriculture are
available or, in the absence of sufficient data, as estimated
by the Secretary.
(4) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under paragraph (2) and entered into
the United States not later than 180 days after that date.
(5) Overlap.--A special quota period may be established
that overlaps any existing quota period if required by
paragraph (2), except that a special quota period may not be
established under this subsection if a quota period has been
established under subsection (b).
(6) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota
quantity for purposes of--
(A) section 213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean Trade Preference Act
(19 U.S.C. 3203);
(C) section 503(d) of the Trade Act of 1974 (19
U.S.C. 2463(d)); and
(D) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(7) Limitation.--The quantity of cotton entered into the
United States during any marketing year under the special
import quota established under this subsection may not exceed
the equivalent of 10 weeks' consumption of upland cotton by
domestic mills at the seasonally adjusted average rate of the 3
months immediately preceding the first special import quota
established in any marketing year.
(b) Limited Global Import Quota for Upland Cotton.--
(1) Definitions.--In this subsection:
(A) Demand.--The term ``demand'' means--
(i) the average seasonally adjusted annual
rate of domestic mill consumption of cotton
during the most recent 3 months for which
official data of the Department of Agriculture
are available or, in the absence of sufficient
data, as estimated by the Secretary; and
(ii) the larger of--
(I) average exports of upland
cotton during the preceding 6 marketing
years; or
(II) cumulative exports of upland
cotton plus outstanding export sales
for the marketing year in which the
quota is established.
(B) Limited global import quota.--The term
``limited global import quota'' means a quantity of
imports that is not subject to the over-quota tariff
rate of a tariff-rate quota.
(C) Supply.--The term ``supply'' means, using the
latest official data of the Department of Agriculture--
(i) the carry-over of upland cotton at the
beginning of the marketing year (adjusted to
480-pound bales) in which the quota is
established;
(ii) production of the current crop; and
(iii) imports to the latest date available
during the marketing year.
(2) Program.--The President shall carry out an import quota
program that provides that whenever the Secretary determines
and announces that the average price of the base quality of
upland cotton, as determined by the Secretary, in the
designated spot markets for a month exceeded 130 percent of the
average price of the quality of cotton in the markets for the
preceding 36 months, notwithstanding any other provision of
law, there shall immediately be in effect a limited global
import quota subject to the following conditions:
(A) Quantity.--The quantity of the quota shall be
equal to 21 days of domestic mill consumption of upland
cotton at the seasonally adjusted average rate of the
most recent 3 months for which official data of the
Department of Agriculture are available or, in the
absence of sufficient data, as estimated by the
Secretary.
(B) Quantity of prior quota.--If a quota has been
established under this subsection during the preceding
12 months, the quantity of the quota next established
under this subsection shall be the smaller of 21 days
of domestic mill consumption calculated under
subparagraph (A) or the quantity required to increase
the supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity
under a limited global import quota shall be considered
to be an in-quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade
Preference Act (19 U.S.C. 3203);
(iii) section 503(d) of the Trade Act of
1974 (19 U.S.C. 2463(d)); and
(iv) General Note 3(a)(iv) to the
Harmonized Tariff Schedule.
(D) Quota entry period.--When a quota is
established under this subsection, cotton may be
entered under the quota during the 90-day period
beginning on the date the quota is established by the
Secretary.
(3) No overlap.--Notwithstanding paragraph (2), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(a).
(c) Economic Adjustment Assistance for Textile Mills.--
(1) In general.--Subject to paragraph (2), the Secretary
shall, on a monthly basis, make economic adjustment assistance
available to domestic users of upland cotton in the form of
payments for all documented use of that upland cotton during
the previous monthly period regardless of the origin of the
upland cotton.
(2) Value of assistance.--The value of the assistance
provided under paragraph (1) shall be 3.15 cents per pound.
(3) Allowable purposes.--Economic adjustment assistance
under this subsection shall be made available only to domestic
users of upland cotton that certify that the assistance shall
be used only to acquire, construct, install, modernize,
develop, convert, or expand land, plant, buildings, equipment,
facilities, or machinery.
(4) Review or audit.--The Secretary may conduct such review
or audit of the records of a domestic user under this
subsection as the Secretary determines necessary to carry out
this subsection.
(5) Improper use of assistance.--If the Secretary
determines, after a review or audit of the records of the
domestic user, that economic adjustment assistance under this
subsection was not used for the purposes specified in paragraph
(3), the domestic user shall be--
(A) liable for the repayment of the assistance to
the Secretary, plus interest, as determined by the
Secretary; and
(B) ineligible to receive assistance under this
subsection for a period of 1 year following the
determination of the Secretary.
SEC. 1208. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE COTTON.
(a) Competitiveness Program.--Notwithstanding any other provision
of law, during the period beginning on the date of enactment of this
Act through July 31, 2024, the Secretary shall carry out a program--
(1) to maintain and expand the domestic use of extra long
staple cotton produced in the United States;
(2) to increase exports of extra long staple cotton
produced in the United States; and
(3) to ensure that extra long staple cotton produced in the
United States remains competitive in world markets.
(b) Payments Under Program; Trigger.--Under the program, the
Secretary shall make payments available under this section whenever--
(1) for a consecutive 4-week period, the world market price
for the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is below the prevailing United
States price for a competing growth of extra long staple
cotton; and
(2) the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is less than 113 percent of the
loan rate for extra long staple cotton.
(c) Eligible Recipients.--The Secretary shall make payments
available under this section to domestic users of extra long staple
cotton produced in the United States and exporters of extra long staple
cotton produced in the United States that enter into an agreement with
the Commodity Credit Corporation to participate in the program under
this section.
(d) Payment Amount.--Payments under this section shall be based on
the amount of the difference in the prices referred to in subsection
(b)(1) during the fourth week of the consecutive 4-week period
multiplied by the amount of documented purchases by domestic users and
sales for export by exporters made in the week following such a
consecutive 4-week period.
SEC. 1209. AVAILABILITY OF RECOURSE LOANS.
(a) High Moisture Feed Grains.--
(1) Definition of high moisture state.--In this subsection,
the term ``high moisture state'' means corn or grain sorghum
having a moisture content in excess of Commodity Credit
Corporation standards for marketing assistance loans made by
the Secretary under section 1201.
(2) Recourse loans available.--For each of the 2019 through
2023 crops of corn and grain sorghum, the Secretary shall make
available recourse loans, as determined by the Secretary, to
producers on a farm that--
(A) normally harvest all or a portion of their crop
of corn or grain sorghum in a high moisture state;
(B) present--
(i) certified scale tickets from an
inspected, certified commercial scale,
including a licensed warehouse, feedlot, feed
mill, distillery, or other similar entity
approved by the Secretary, pursuant to
regulations issued by the Secretary; or
(ii) field or other physical measurements
of the standing or stored crop in regions of
the United States, as determined by the
Secretary, that do not have certified
commercial scales from which certified scale
tickets may be obtained within reasonable
proximity of harvest operation;
(C) certify that the producers on the farm were the
owners of the feed grain at the time of delivery to,
and that the quantity to be placed under loan under
this subsection was in fact harvested on the farm and
delivered to, a feedlot, feed mill, or commercial or
on-farm high-moisture storage facility, or to a
facility maintained by the users of corn and grain
sorghum in a high moisture state; and
(D) comply with deadlines established by the
Secretary for harvesting the corn or grain sorghum and
submit applications for loans under this subsection
within deadlines established by the Secretary.
(3) Eligibility of acquired feed grains.--A loan under this
subsection shall be made on a quantity of corn or grain sorghum
of the same crop acquired by the producer equivalent to a
quantity determined by multiplying--
(A) the acreage of the corn or grain sorghum in a
high moisture state harvested on the farm of the
producer; by
(B) the lower of--
(i) the payment yield in effect for the
calculation of price loss coverage under
section 1116, or the payment yield deemed to be
in effect or established under subclause (II)
or (III) of section 1206(b)(1)(B)(ii), with
respect to corn or grain sorghum on a field
that is similar to the field from which the
corn or grain sorghum referred to in
subparagraph (A) was obtained; or
(ii) the actual yield of corn or grain
sorghum on a field, as determined by the
Secretary, that is similar to the field from
which the corn or grain sorghum referred to in
subparagraph (A) was obtained.
(b) Recourse Loans Available for Seed Cotton.--For each of the 2019
through 2023 crops of upland cotton and extra long staple cotton, the
Secretary shall make available recourse seed cotton loans, as
determined by the Secretary, on any production.
(c) Recourse Loans Available for Contaminated Commodities.--In the
case of a loan commodity that is ineligible for 100 percent of the
nonrecourse marketing loan rate in the county due to a determination
that the commodity is contaminated yet still merchantable, for each of
the 2019 through 2023 crops of such loan commodity, the Secretary shall
make available recourse commodity loans, at the rate provided under
section 1202, on any production.
(d) Repayment Rates.--Repayment of a recourse loan made under this
section shall be at the loan rate established for the commodity by the
Secretary, plus interest (determined in accordance with section 163 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7283)).
SEC. 1210. ADJUSTMENTS OF LOANS.
(a) Adjustment Authority.--Subject to subsection (e), the Secretary
may make appropriate adjustments in the loan rates for any loan
commodity (other than cotton) for differences in grade, type, quality,
location, and other factors.
(b) Manner of Adjustment.--The adjustments under subsection (a)
shall, to the maximum extent practicable, be made in such a manner that
the average loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level of support
determined in accordance with this subtitle and subtitle C.
(c) Cost Saving Option.--In carrying out this title, the Secretary
shall consider methods to enhance the support, loan, or assistance
provided under this title in a manner that further minimizes the
potential for forfeitures.
(d) Adjustment on County Basis.--
(1) In general.--The Secretary may establish loan rates for
a crop for producers in individual counties in a manner that
results in the lowest loan rate being 95 percent of the
national average loan rate, if those loan rates do not result
in an increase in outlays.
(2) Prohibition.--Adjustments under this subsection shall
not result in an increase in the national average loan rate for
any year.
(e) Adjustment in Loan Rate for Cotton.--
(1) In general.--The Secretary may make appropriate
adjustments in the loan rate for cotton for differences in
quality factors.
(2) Types of adjustments.--Loan rate adjustments under
paragraph (1) may include--
(A) the use of non-spot market price data, in
addition to spot market price data, that would enhance
the accuracy of the price information used in
determining quality adjustments under this subsection;
(B) adjustments in the premiums or discounts
associated with upland cotton with a staple length of
33 or above due to micronaire with the goal of
eliminating any unnecessary artificial splits in the
calculations of the premiums or discounts; and
(C) such other adjustments as the Secretary
determines appropriate, after consultations conducted
in accordance with paragraph (3).
(3) Consultation with private sector.--
(A) Prior to revision.--In making adjustments to
the loan rate for cotton (including any review of the
adjustments) as provided in this subsection, the
Secretary shall consult with representatives of the
United States cotton industry.
(B) Inapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to consultations under this
subsection.
(4) Review of adjustments.--The Secretary may review the
operation of the upland cotton quality adjustments implemented
pursuant to this subsection and may make further adjustments to
the administration of the loan program for upland cotton, by
revoking or revising any adjustment taken under paragraph (2).
(f) Rice.--The Secretary shall not make adjustments in the loan
rates for long grain rice and medium grain rice, except for differences
in grade and quality (including milling yields).
(g) Continuation of Authority.--Section 166 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7286) is
amended by striking ``and Subtitle B of title I of the Agricultural Act
of 2014'' each place it appears and inserting ``subtitle B of title I
of the Agricultural Act of 2014, and subtitle B of title I of the
Agriculture and Nutrition Act of 2018''.
Subtitle C--Sugar
SEC. 1301. SUGAR POLICY.
(a) Continuation of Current Program and Loan Rates.--
(1) Sugarcane.--Section 156(a)(4) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(a)(4)) is amended by striking ``2018'' and inserting
``2023''.
(2) Sugar beets.--Section 156(b)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(b)(2)) is amended by striking ``2018'' and inserting
``2023''.
(3) Effective period.--Section 156(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(i)) is amended by striking ``2018'' and inserting
``2023''.
(b) Flexible Marketing Allotments for Sugar.--
(1) Sugar estimates.--Section 359b(a)(1) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is
amended by striking ``2018'' and inserting ``2023''.
(2) Effective period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle D--Dairy Risk Management Program and Other Dairy Programs
SEC. 1401. DAIRY RISK MANAGEMENT PROGRAM FOR DAIRY PRODUCERS.
(a) Review of Data Used in Calculation of Average Feed Cost.--Not
later than 60 days after the date of the enactment of this Act, the
Secretary of Agriculture shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report evaluating the extent to
which the average cost of feed used by a dairy operation to produce a
hundredweight of milk calculated by the Secretary as required by
section 1402(a) of the Agricultural Act of 2014 (7 U.S.C. 9052(a)) is
representative of actual dairy feed costs.
(b) Corn Silage Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Agriculture shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report detailing the costs incurred by dairy operations in the use of
corn silage as feed, and the difference between the feed cost of corn
silage and the feed cost of corn.
(c) Collection of Alfalfa Hay Data.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Agriculture,
acting through the National Agricultural Statistics Service, shall
revise monthly price survey reports to include prices for high-quality
alfalfa hay in the top five milk producing States, as measured by
volume of milk produced during the previous month.
(d) Registration of Multiproducer Dairy Operations.--Section
1404(b) of the Agricultural Act of 2014 (7 U.S.C. 9054(b)) is amended--
(1) in paragraph (3), by striking ``If'' and inserting
``Subject to paragraph (5), if''; and
(2) by adding at the end the following new paragraph:
``(5) Certain multiproducer dairy operation exclusions.--
``(A) Exclusion of low-percentage owners.--To
promote administrative efficiency in the dairy risk
management program, a multiproducer dairy operation
covered by paragraph (3) may elect, at the option of
the multiproducer dairy operation, to exclude
information from the registration process regarding any
individual owner of the multiproducer dairy operation
that--
``(i) holds less than a five percent
ownership interest in the multiproducer dairy
operation; or
``(ii) is entitled to less than five
percent of the income, revenue, profit, gain,
loss, expenditure, deduction, or credit of the
multiproducer dairy operation for any given
year.
``(B) Effect of exclusion on dairy risk management
payments.--To the extent that an individual owner of a
multiproducer dairy operation is excluded under
subparagraph (A) from the registration of the
multiproducer dairy operation, any dairy risk
management payment made to the multiproducer dairy
operation shall be reduced by an amount equal to the
greater of the following:
``(i) The amount determined by multiplying
the dairy risk management payment otherwise
determined under section 1406 by the total
percentage of ownership interests represented
by the excluded owners.
``(ii) The amount determined by multiplying
the dairy risk management payment otherwise
determined under section 1406 by the total
percentage of the income, revenue, profit,
gain, loss, expenditure, deduction, or credit
of the multiproducer dairy operation
represented by the excluded owners.''.
(e) Relation to Livestock Gross Margin for Dairy Program.--Section
1404(d) of the Agricultural Act of 2014 (7 U.S.C. 9054(d)) is amended--
(1) by striking ``but not both'' and inserting ``but not on
the same production'';
(2) by striking ``or the'' and inserting ``and the''; and
(3) by striking ``margin protection program'' and inserting
``dairy risk management program''.
(f) Production History of Participating Dairy Operators.--
(1) Continued use of prior dairy operation production
history.--Section 1405(a)(1) of the Agricultural Act of 2014 (7
U.S.C. 9055(a)(1)) is amended by adding at the end the
following new sentence: ``The production history of a
participating dairy operation shall continue to be based on
annual milk marketings during the 2011, 2012, or 2013 calendar
year notwithstanding the operation of the dairy risk management
program through 2023.''.
(2) Adjustment.--Section 1405(a) of the Agricultural Act of
2014 (7 U.S.C. 9055(a)) is amended--
(A) in paragraph (2), by striking ``In subsequent
years'' and inserting ``In the subsequent calendar
years ending before January 1, 2019''; and
(B) in paragraph (3), by inserting ``, as
applicable'' after ``paragraph (2)''.
(3) Limitation on changes to business structure.--Section
1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended
by adding at the end the following new subsection:
``(d) Limitation on Changes to Business Structure.--The Secretary
may not make dairy risk management payments to a participating dairy
operation if the Secretary determines that the participating dairy
operation has reorganized the structure of such operation solely for
the purpose of qualifying as a new operation under subsection (b).''.
(g) Dairy Risk Management Payments.--
(1) Election of coverage level threshold and coverage
percentage.--Section 1406 of the Agricultural Act of 2014 (7
U.S.C. 9056) is amended--
(A) in subsection (a), by striking ``annually'';
and
(B) by adding at the end the following new
subsection:
``(d) Deadline for Election; Duration.--Not later than 90 days
after the date of the enactment of this subsection, each participating
dairy operation shall elect a coverage level threshold under subsection
(a)(1) and a coverage percentage under subsection (a)(2) to be used to
determine dairy risk management payments. This election shall remain in
effect for the participating dairy operation for the duration of the
dairy risk management program, as specified in section 1409.''.
(2) Additional coverage level thresholds for certain
producers.--Section 1406(a)(1) of the Agricultural Act of 2014
(7 U.S.C. 9056(a)(1)) is amended by inserting after ``or
$8.00'' the following: ``(and in the case of production subject
to premiums under section 1407(b), also $8.50 or $9.00)''.
(3) Election of production history coverage percentage.--
Section 1406(a)(2) of the Agricultural Act of 2014 (7 U.S.C.
9056(a)(2)) is amended by striking ``beginning with 25 percent
and not exceeding'' and inserting ``but not to exceed''.
(h) Premiums for Participation in Dairy Risk Management Program.--
(1) Premium per hundredweight for first 5 million pounds of
production.--Section 1407(b) of the Agricultural Act of 2014 (7
U.S.C. 9057(b)) is amended--
(A) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Producer premiums.--The following annual premiums
apply:
------------------------------------------------------------------------
``Coverage Level Premium per Cwt.
------------------------------------------------------------------------
$4.00 None
$4.50 $0.002
$5.00 $0.005
$5.50 $0.008
$6.00 $0.010
$6.50 $0.017
$7.00 $0.041
$7.50 $0.057
$8.00 $0.090
$8.50 $0.120
$9.00 $0.170''; and
------------------------------------------------------------------------
(B) by striking paragraph (3).
(2) Technical correction.--Section 1407(d) of the
Agricultural Act of 2014 (7 U.S.C. 9057(d)) is amended in the
subsection heading by striking ``Time for'' and inserting
``Method of''.
(i) Conforming Amendments Related to Program Name.--
(1) Heading.--The heading of part I of subtitle D of title
I of the Agricultural Act of 2014 (Public Law 113-79; 128 Stat.
688) is amended to read as follows:
``PART I--DAIRY RISK MANAGEMENT PROGRAM FOR DAIRY PRODUCERS''.
(2) Definitions.--Section 1401 of the Agricultural Act of
2014 (7 U.S.C. 9051) is amended--
(A) by striking paragraphs (5) and (6) and
inserting the following new paragraphs:
``(5) Dairy risk management program.--The terms `dairy risk
management program' and `program' mean the dairy risk
management program required by section 1403.
``(6) Dairy risk management payment.--The term `dairy risk
management payment' means a payment made to a participating
dairy operation under the program pursuant to section 1406.'';
and
(B) in paragraphs (7) and (8), by striking ``margin
protection'' both places it appears.
(3) Calculation of actual dairy production margin.--Section
1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9052(b)(1)) is amended by striking ``margin protection'' and
inserting ``dairy risk management''.
(4) Program operation.--Section 1403 of the Agricultural
Act of 2014 (7 U.S.C. 9053) is amended--
(A) in the section heading, by striking
``establishment of margin protection'' and inserting
``dairy risk management'';
(B) by striking ``Not later than September 1, 2014,
the Secretary shall establish and administer a margin
protection program'' and inserting ``The Secretary
shall continue to administer a dairy risk management
program''; and
(C) by striking ``margin protection payment'' both
places it appears and inserting ``dairy risk management
payment''.
(5) Participation.--Section 1404 of the Agricultural Act of
2014 (7 U.S.C. 9054) is amended--
(A) in the section heading, by striking ``margin
protection'';
(B) in subsection (a), by striking ``margin
protection program to receive margin protection
payments'' and inserting ``dairy risk management
program to receive dairy risk management payments'';
and
(C) in subsections (b) and (c), by striking
``margin protection'' each place it appears.
(6) Production history.--Section 1405 of the Agricultural
Act of 2014 (7 U.S.C. 9055) is amended--
(A) in subsection (a)(1)--
(i) by striking ``margin protection
program'' the first place it appears and
inserting ``dairy risk management program'';
and
(ii) by striking ``margin protection'' the
second place it appears; and
(B) in subsection (c), by striking ``margin
protection''.
(7) Payments.--Section 1406 of the Agricultural Act of 2014
(7 U.S.C. 9056) is amended--
(A) in the section heading, by striking ``margin
protection'' and inserting ``dairy risk management'';
(B) by striking ``margin protection'' each place it
appears and inserting ``dairy risk management''; and
(C) in the heading of subsection (c), by striking
``Margin Protection''.
(8) Premiums.--Section 1407 of the Agricultural Act of 2014
(7 U.S.C. 9057) is amended--
(A) in the section heading, by striking ``margin
protection'' and inserting ``dairy risk management'';
(B) in subsection (a), by striking ``margin
protection program'' and inserting ``dairy risk
management program''; and
(C) in subsection (e), by striking ``margin
protection'' both places it appears.
(9) Penalties.--Section 1408 of the Agricultural Act of
2014 (7 U.S.C. 9058) is amended by striking ``margin
protection'' both places it appears and inserting ``dairy risk
management''.
(10) Administration and enforcement.--Section 1410 of the
Agricultural Act of 2014 (7 U.S.C. 9060) is amended by striking
``margin protection'' each place it appears and inserting
``dairy risk management''.
(j) Effective Date.--The amendments made by this section shall take
effect 60 days after the date of the enactment of this Act.
(k) Duration.--Section 1409 of the Agricultural Act of 2014 (7
U.S.C. 9059) is amended--
(1) by striking ``margin protection'' and inserting ``dairy
risk management''; and
(2) by striking ``2018'' and inserting ``2023''.
SEC. 1402. CLASS I SKIM MILK PRICE.
(a) Class I Skim Milk Price.--Section 8c(5)(A) of the Agricultural
Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, is amended by striking
``Throughout the 2-year period'' and all that follows through ``such
handlers.'' and inserting the following new sentence: ``Throughout the
2-year period beginning on the effective date of this sentence (and
subsequent to such 2-year period unless modified by amendment to the
order involved), for purposes of determining prices for milk of the
highest use classification, the Class I skim milk price per
hundredweight specified in section 1000.50(b) of title 7, Code of
Federal Regulations (or successor regulation), shall be the sum of the
adjusted Class I differential specified in section 1000.52 of such
title 7, plus the adjustment to Class I prices specified in sections
1005.51(b), 1006.51(b), and 1007.51(b) of such title 7 (or successor
regulation), plus the simple average of the advanced pricing factors
computed in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7
(or successor regulation), plus $0.74.''.
(b) Effective Date and Implementation.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the first day of the first month beginning
more than 120 days after the date of the enactment of this Act.
(2) Implementation.--Implementation of the amendment made
by subsection (a) is not subject to any of the following:
(A) The notice and comment provisions of section
553 of title 5, United States Code.
(B) The notice and hearing requirements of
paragraphs (3) and (4) of section 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted
with amendments by the Agricultural Marketing Agreement
Act of 1937.
(C) The order amendment requirements of section
8c(17) of such Act (7 U.S.C. 608c(17)).
(D) A referendum under section 8c(19) of such Act
(7 U.S.C. 608c(19)).
SEC. 1403. EXTENSION OF DAIRY FORWARD PRICING PROGRAM.
Section 1502(e) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8772(e)) is amended--
(1) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2), by striking ``2021'' and inserting
``2026''.
SEC. 1404. EXTENSION OF DAIRY INDEMNITY PROGRAM.
Section 3 of Public Law 90-484 (7 U.S.C. 450l) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 1405. EXTENSION OF DAIRY PROMOTION AND RESEARCH PROGRAM.
Section 113(e)(2) of the Dairy Production Stabilization Act of 1983
(7 U.S.C. 4504(e)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 1406. REPEAL OF DAIRY PRODUCT DONATION PROGRAM.
Section 1431 of the Agricultural Act of 2014 (7 U.S.C. 9071) is
repealed.
Subtitle E--Supplemental Agricultural Disaster Assistance Programs
SEC. 1501. MODIFICATION OF SUPPLEMENTAL AGRICULTURAL DISASTER
ASSISTANCE.
(a) Covered Livestock Losses for Livestock Indemnity Payments.--
Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) disease that, as determined by the
Secretary--
``(i) is caused or transmitted by a vector;
and
``(ii) is not susceptible to control by
vaccination or acceptable management
practices.''; and
(2) in paragraph (4), by striking ``A payment'' and
inserting ``Payment reductions.--A payment''.
(b) Payment Limitations and Exclusion of Gross Income Limitation.--
Section 1501(f) of the Agricultural Act of 2014 (7 U.S.C. 9081(f)) is
amended--
(1) in paragraph (2)--
(A) by striking ``this section (excluding payments
received under subsections (b) and (e))'' and inserting
``subsection (c)''; and
(B) by striking ``joint venture or general
partnership'' and inserting ``qualified pass through
entity (as such term is defined in paragraph (5) of
section 1001(a) of the Food Security Act of 1985 (7
U.S.C. 1308(a)))''; and
(2) by adding at the end the following new paragraph:
``(4) Exclusion of gross income limitation.--For purposes
of this section only, subsection (b) of section 1001D of the
Food Security Act of 1985 (7 U.S.C. 1308-3a) shall not apply to
a person or legal entity if 75 percent or greater of the
average adjusted gross income (as such term is defined in
subsection (a) of such section) of such person or legal entity
derives from farming, ranching, or silviculture activities.''.
(c) Application of Amendments.--Section 1501 of the Agricultural
Act of 2014 (7 U.S.C. 9081), as amended by this section, shall apply
with respect to losses described in such section 1501 incurred on or
after January 1, 2017.
Subtitle F--Administration
SEC. 1601. ADMINISTRATION GENERALLY.
(a) Use of Commodity Credit Corporation.--The Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this title.
(b) Determinations by Secretary.--A determination made by the
Secretary under this title shall be final and conclusive.
(c) Regulations.--
(1) In general.--Except as otherwise provided in this
subsection, not later than 90 days after the date of enactment
of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations
as are necessary to implement this title and the amendments
made by this title.
(2) Procedure.--The promulgation of the regulations and
administration of this title and the amendments made by this
title shall be made without regard to--
(A) the notice and comment provisions of section
553 of title 5, United States Code; and
(B) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
(3) Congressional review of agency rulemaking.--In carrying
out this subsection, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
(d) Adjustment Authority Related to Trade Agreements Compliance.--
(1) Required determination; adjustment.--If the Secretary
determines that expenditures under this title that are subject
to the total allowable domestic support levels under the
Uruguay Round Agreements (as defined in section 2 of the
Uruguay Round Agreements Act (19 U.S.C. 3501)) will exceed such
allowable levels for any applicable reporting period, the
Secretary shall, to the maximum extent practicable, make
adjustments in the amount of such expenditures during that
period to ensure that such expenditures do not exceed the
allowable levels.
(2) Congressional notification.--Before making any
adjustment under paragraph (1), the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report describing the determination made under
that paragraph and the extent of the adjustment to be made.
SEC. 1602. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The following provisions
of the Agricultural Adjustment Act of 1938 shall not be applicable to
the 2019 through 2023 crops of covered commodities (as defined in
section 1111), cotton, and sugar and shall not be applicable to milk
during the period beginning on the date of enactment of this Act
through December 31, 2023:
(1) Parts II through V of subtitle B of title III (7 U.S.C.
1326 et seq.).
(2) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) Agricultural Act of 1949.--
(1) Applicability.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 2019
through 2023 crops of covered commodities (as defined in
section 1111), cotton, and sugar and shall not be applicable to
milk during the period beginning on the date of enactment of
this Act through December 31, 2023:
(A) Section 101 (7 U.S.C. 1441).
(B) Section 103(a) (7 U.S.C. 1444(a)).
(C) Section 105 (7 U.S.C. 1444b).
(D) Section 107 (7 U.S.C. 1445a).
(E) Section 110 (7 U.S.C. 1445e).
(F) Section 112 (7 U.S.C. 1445g).
(G) Section 115 (7 U.S.C. 1445k).
(H) Section 201 (7 U.S.C. 1446).
(I) Title III (7 U.S.C. 1447 et seq.).
(J) Title IV (7 U.S.C. 1421 et seq.), other than
sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and
1431).
(K) Title V (7 U.S.C. 1461 et seq.).
(L) Title VI (7 U.S.C. 1471 et seq.).
(2) Clarifying amendments.--Section 201(a) of the
Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended--
(A) by inserting ``, crambe, cottonseed, sesame
seed'' after ``mustard seed'';
(B) by inserting ``dry peas, lentils, small
chickpeas, large chickpeas, graded wool, nongraded
wool, mohair, peanuts,'' after ``honey,''; and
(C) by striking ``in accordance with this title''
and inserting ``consistent with the percentage levels
of support provided under subsection (c), except as
otherwise provided for under subsection (b)''.
(c) Suspension of Certain Quota Provisions.--The joint resolution
entitled ``A joint resolution relating to corn and wheat marketing
quotas under the Agricultural Adjustment Act of 1938, as amended'',
approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable
to the crops of wheat planted for harvest in the calendar years 2019
through 2023.
SEC. 1603. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``section 1001 of
the Food, Conservation, and Energy Act of 2008'' and
inserting ``section 1111 of the Agriculture and
Nutrition Act of 2018'';
(B) in paragraph (2), by inserting ``first cousin,
niece, nephew,'' after ``sibling,'';
(C) by redesignating paragraph (5) as (6); and
(D) by inserting after paragraph (4) the following
new paragraph:
``(5) Qualified pass through entity.--The term `qualified
pass through entity' means a partnership (within the meaning of
subchapter K of chapter 1 of the Internal Revenue Code of 1986
and including a limited liability company that does not
affirmatively elect to be treated as a corporation), an S
corporation (as defined in section 1361 of such Code), or a
joint venture.'';
(2) in subsections (b) and (c) by striking ``entity''
through ``Agricultural Act of 2014'' in each place it appears
and inserting ``entity (except a qualified pass through entity)
for any crop year under sections 1116 and 1117 of the
Agriculture and Nutrition Act of 2018'';
(3) in subsection (d) by striking ``associated'' and all
that follows through the end of the sentence and inserting
``associated with subtitle B of title I of the Agriculture and
Nutrition Act of 2018.''; and
(4) in subsection (f), by adding the end the following new
paragraph:
``(9) Administration of reduction.--The Secretary shall
apply any order described in section 1614(d)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) to payments
under sections 1116 and 1117 of the Agriculture and Nutrition
Act of 2018 prior to applying payment limitations under this
section.''.
(b) Treatment of Qualified Pass Through Entities.--Section
1001(e)(3)(B)(ii) of the Food Security Act of 1985 (7 U.S.C.
1308(e)(3)(B)(ii)) is amended--
(1) in the heading, by striking ``joint ventures and
general partnerships'' and inserting ``qualified pass through
entities'';
(2) by striking ``joint venture or a general partnership''
and inserting ``qualified pass through entity'';
(3) by striking ``joint ventures and general partnerships''
and inserting ``qualified pass through entities''; and
(4) by striking ``joint venture or general partnership''
and inserting ``qualified pass through entity''.
(c) Conforming Amendments.--
(1) Treatment of federal agencies and state and local
governments.--Section 1001(f) of the Food Security Act of 1985
(7 U.S.C. 1308(f)) is amended--
(A) in paragraph (5)(A), by striking ``or title
XII'' and inserting ``title I of the Agriculture and
Nutrition Act of 2018, or title XII''; and
(B) in paragraph (6)(A), by striking ``or title
XII'' and inserting ``title I of the Agriculture and
Nutrition Act of 2018, or title XII''.
(2) Foreign persons ineligible.--Section 1001C(a) of the
Food Security Act of 1985 (7 U.S.C. 1308-3(a)) is amended by
inserting ``title I of the Agriculture and Nutrition Act of
2018,'' after ``2014,''.
(d) Application.--The amendments made by this section shall apply
beginning with the 2019 crop year.
SEC. 1604. ADJUSTED GROSS INCOME LIMITATION.
(a) Limitations.--Section 1001D(b)(2) of the Food Security Act of
1985 (7 U.S.C. 1308-3a(b)(2)) is amended--
(1) in subparagraph (A), by striking ``title I of the
Agricultural Act of 2014'' and inserting ``title I of the
Agriculture and Nutrition Act of 2018'';
(2) by striking subparagraphs (B) and (D); and
(3) by redesignating subparagraphs (C) and (E) as
subparagraphs (B) and (C), respectively.
(b) Exceptions.--
(1) In general.--Section 1001D(b) of the Food Security Act
of 1985 (7 U.S.C. 1308-3a(b)) is amended by adding at the end
the following:
``(3) Exceptions.--
``(A) Exception for qualified pass through
entities.--Paragraph (1) shall not apply with respect
to a qualified pass through entity (as such term is
defined in section 1001(a)(5)).
``(B) Waiver.--The Secretary may waive the
limitation established by paragraph (1) with respect to
a payment pursuant to a covered benefit described in
paragraph (2)(B), on a case-by-case basis, if the
Secretary determines that environmentally sensitive
land of special significance would be protected as a
result of such waiver.''.
(2) Conforming amendments.--Section 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308-3a) is amended--
(A) in subsection (b)(1), by inserting ``subject to
paragraph (3),'' after ``of law,''; and
(B) in subsection (d), by striking ``, general
partnership, or joint venture'' both places it appears.
(c) Transition.--Section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a), as in effect on the day before the date of the
enactment of this Act, shall apply with respect to the 2018 crop,
fiscal, or program year, as appropriate, for each program described in
subsection (b)(2) of that section (as so in effect on that day).
SEC. 1605. PREVENTION OF DECEASED INDIVIDUALS RECEIVING PAYMENTS UNDER
FARM COMMODITY PROGRAMS.
(a) Reconciliation.--At least twice each year, the Secretary shall
reconcile Social Security numbers of all individuals who receive
payments under this title, whether directly or indirectly, with the
Commissioner of Social Security to determine if the individuals are
alive.
(b) Preclusion.--The Secretary shall preclude the issuance of
payments to, and on behalf of, deceased individuals that were not
eligible for payments.
SEC. 1606. ASSIGNMENT OF PAYMENTS.
(a) In General.--The provisions of section 8(g) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)), relating
to assignment of payments, shall apply to payments made under this
title.
(b) Notice.--The producer making the assignment, or the assignee,
shall provide the Secretary with notice, in such manner as the
Secretary may require, of any assignment made under this section.
SEC. 1607. TRACKING OF BENEFITS.
As soon as practicable after the date of enactment of this Act, the
Secretary may track the benefits provided, directly or indirectly, to
individuals and entities under titles I and II and the amendments made
by those titles.
SEC. 1608. SIGNATURE AUTHORITY.
(a) In General.--In carrying out this title and title II and
amendments made by those titles, if the Secretary approves a document,
the Secretary shall not subsequently determine the document is
inadequate or invalid because of the lack of authority of any person
signing the document on behalf of the applicant or any other
individual, entity, or qualified pass through entity (as such term is
defined in paragraph (5) of section 1001(a) of the Food Security Act of
1985 (7 U.S.C. 1308(a))) or the documents relied upon were determined
inadequate or invalid, unless the person signing the program document
knowingly and willfully falsified the evidence of signature authority
or a signature.
(b) Affirmation.--
(1) In general.--Nothing in this section prohibits the
Secretary from asking a proper party to affirm any document
that otherwise would be considered approved under subsection
(a).
(2) No retroactive effect.--A denial of benefits based on a
lack of affirmation under paragraph (1) shall not be
retroactive with respect to third-party producers who were not
the subject of the erroneous representation of authority, if
the third-party producers--
(A) relied on the prior approval by the Secretary
of the documents in good faith; and
(B) substantively complied with all program
requirements.
SEC. 1609. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.
Section 164(a) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7284(a)) is amended by striking ``this title''
and all that follows through ``unless'' and inserting ``this title,
title I of the Farm Security and Rural Investment Act of 2002, title I
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et
seq.), title I of the Agricultural Act of 2014, or Agriculture and
Nutrition Act of 2018''.
SEC. 1610. IMPLEMENTATION.
(a) Maintenance of Base Acres and Payment Yields.--The Secretary
shall maintain, for each covered commodity, base acres and payment
yields on a farm established under sections 1001 and 1301 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8702, 8751), as adjusted
pursuant to sections 1101, 1102, 1108, and 1302 of such Act (7 U.S.C.
8711, 8712, 8718, 8752), as in effect on September 30, 2013, and as
adjusted pursuant to sections 1112 and 1113 of the Agricultural Act of
2014 (7 U.S.C. 9012, 9013).
(b) Streamlining.--In implementing this title and amendments made
by this title, the Secretary shall--
(1) continue to reduce administrative burdens and costs to
producers by streamlining and reducing paperwork, forms, and
other administrative requirements, including through the
continuation of the Acreage Crop Reporting and Streamlining
Initiative that, in part, shall ensure that--
(A) a producer (or an agent of a producer) may
report information, electronically (including
geospatial data) or conventionally, to the Department;
(B) upon the request of the producer (or agent
thereof), the Department of Agriculture electronically
shares with the producer (or agent) in real time and
without cost to the producer (or agent) the common land
unit data, related farm level data, and other
information of the producer; and
(C) no agent, approved insurance provider, or
employee or contractor of an agency or approved
insurance provider, bears responsibility or liability
under the Acreage Crop Reporting and Streamlining
Initiative for the eligibility of a producer for
programs administered by the Department of Agriculture
that are not policies or plans of insurance offered
under the Federal Crop Insurance Act (7 U.S.C. 1501 et.
seq.) except in cases of misrepresentation, fraud, or
scheme and device;
(2) continue to improve coordination, information sharing,
and administrative work with the Farm Service Agency, Risk
Management Agency, and the Natural Resources Conservation
Service;
(3) continue to take advantage of new technologies to
enhance efficiency and effectiveness of program delivery to
producers; and
(4) reduce administrative burdens on producers by offering
such producers an option to remotely and electronically sign
annual contracts for participation in coverage under sections
1116 and 1117.
(c) Implementation.--The Secretary shall make available to the Farm
Service Agency to carry out this title and amendments made by this
title, $25,000,000.
(d) Loan Implementation.--
(1) In general.--Section 1614(d)(1) of the Agricultural Act
of 2014 (7 U.S.C. 9097(d)(1)) is amended--
(A) by inserting ``or subtitles B and C of the
Agriculture and Nutrition Act of 2018'' after ``this
title'';
(B) by striking ``made by subtitles B or C'' and
inserting ``made by such subtitles''; and
(C) by inserting ``of this title, and sections
1207(c) and 1208 of the Agriculture and Nutrition Act
of 2018'' after ``1208''.
(2) Repayment.--Section 1614(d)(2) of the Agricultural Act
of 2014 (7 U.S.C. 9097(d)(2)) is amended--
(A) by striking ``of subtitles B or C'' and
inserting ``of subtitle B or C of this title, or
subtitle B or C of the Agriculture and Nutrition Act of
2018''; and
(B) by striking ``under subtitles B or C'' and
inserting ``of subtitle B or C of this title, or
subtitle B or C of the Agriculture and Nutrition Act of
2018''.
SEC. 1611. EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS FOR CERTAIN
PRODUCERS.
(a) Definition of Exempted Producer.--In this section, the term
``exempted producer'' means a producer or landowner eligible to
participate in any conservation or commodity program administered by
the Secretary, or eligible for indemnity or compensation payments
through programs administered by the Secretary.
(b) Exemption.--Notwithstanding any other provision of law,
including the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282; 31 U.S.C. 6101 note), the requirements of
parts 25 and 170 of title 2, Code of Federal Regulations (and any
successor regulations), shall not apply with respect to assistance
received by an exempted producer from the Secretary, acting through the
Natural Resources Conservation Service, the Animal and Plant Health
Inspection Service, or the Farm Service Agency.
SEC. 1612. ONE-TIME FILING FOR ARC AND PLC.
(a) One-time Filing.--Except as provided in subsection (b), during
the first enrollment period announced by the Farm Service Agency after
the date of the enactment of this Act, producers on a farm may file a
one-time program contract with the Secretary to enroll in agricultural
risk coverage or price loss coverage through crop year 2023.
(b) Updated Program Contract Required.--In the case of a change in
a farming operation for which producers on a farm have filed a one-time
program contract pursuant to subsection (a), such producers shall file
an updated program contract with the Secretary not later than one year
after such change in the farming operation occurs.
(c) Notice of Other Annual Reporting.--The Secretary shall provide
to each producer that files a one-time program contract pursuant to
subsection (a) a notice that includes the annual and other periodic
reporting requirements applicable to such producer, as determined by
the Secretary.
(d) Regulations Revised.--The Secretary shall--
(1) issue such regulations as are necessary to carry out
this section; and
(2) revise section 1412.41 of title 7, Code of Federal
Regulations, in accordance with this section.
TITLE II--CONSERVATION
Subtitle A--Wetland Conservation
SEC. 2101. PROGRAM INELIGIBILITY.
Section 1221(d) of the Food Security Act of 1985 (16 U.S.C.
3821(d)) is amended--
(1) by striking ``Except as provided'' and inserting the
following:
``(A) In general.--Except as provided''; and
(2) by adding at the end the following:
``(B) Duty of the secretary.--Before determining
that a person is ineligible for program benefits under
this subsection, the Secretary shall determine that no
exemption under section 1222 applies.''.
SEC. 2102. MINIMAL EFFECT REGULATIONS.
(a) Identification of Minimal Effect Exemptions.--Section 1222(d)
of the Food Security Act of 1985 (16 U.S.C. 3822(d)) is amended by
inserting ``not later than 180 days after the date of enactment of the
Agriculture and Nutrition Act of 2018,'' before ``the Secretary shall
identify''.
(b) Mitigation Banking.--Section 1222(k)(1)(B) of the Food Security
Act of 1985 (16 U.S.C. 3822(k)(1)(B)) is amended to read as follows:
``(B) Funding.--
``(i) Funds of commodity credit
corporation.--To carry out this paragraph, the
Secretary shall use $10,000,000 of the funds of
the Commodity Credit Corporation beginning in
fiscal year 2019, which funds shall remain
available until expended.
``(ii) Authorization of appropriations.--In
addition to amounts made available under clause
(i), there are authorized to be appropriated to
the Secretary to carry out this paragraph
$5,000,000 for each of fiscal years 2019
through 2023.''.
Subtitle B--Conservation Reserve Program
SEC. 2201. CONSERVATION RESERVE.
(a) In General.--Section 1231(a) of the Food Security Act of 1985
(16 U.S.C. 3831(a)) is amended by striking ``2018'' and inserting
``2023''.
(b) Enrollment.--Section 1231(d) of the Food Security Act of 1985
(16 U.S.C. 3831(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(F) fiscal year 2019, no more than 25,000,000
acres;
``(G) fiscal year 2020, no more than 26,000,000
acres;
``(H) fiscal year 2021, no more than 27,000,000
acres;
``(I) fiscal year 2022, no more than 28,000,000
acres; and
``(J) fiscal year 2023, no more than 29,000,000
acres.'';
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
``(A) Limitation.--For purposes of applying the
limitations in paragraph (1)--
``(i) no more than 2,000,000 acres of the
land described in subsection (b)(3) may be
enrolled in the program at any one time during
the 2014 through 2018 fiscal years;
``(ii) the Secretary shall enroll and
maintain in the conservation reserve not fewer
than 3,000,000 acres of the land described in
subsection (b)(3) by September 30, 2023; and
``(iii) in carrying out clause (ii), to the
maximum extent practicable, the Secretary shall
maintain in the conservation reserve at any one
time during--
``(I) fiscal year 2019, 1,000,000
acres;
``(II) fiscal year 2020, 1,500,000
acres;
``(III) fiscal year 2021, 2,000,000
acres;
``(IV) fiscal year 2022, 2,500,000
acres; and
``(V) fiscal year 2023, 3,000,000
acres.''; and
(B) by adding at the end the following:
``(D) Reservation of unenrolled acres.--If the
Secretary is unable in a fiscal year to enroll enough
acres of land described in subsection (b)(3) to meet
the number of acres described in clause (ii) or (iii)
of subparagraph (A) for the fiscal year, the Secretary
shall reserve the remaining number of acres for that
fiscal year for the enrollment of land described in
subsection (b)(3), and that number of acres shall not
be available for the enrollment of any other type of
eligible land.''; and
(3) by adding at the end the following:
``(3) State enrollment rates.--During each of fiscal years
2019 through 2023, to the maximum extent practicable, the
Secretary shall carry out this subchapter in such a manner as
to enroll and maintain acreage in the conservation reserve in
accordance with historical State enrollment rates,
considering--
``(A) the average number of acres of all lands
enrolled in the conservation reserve in each State
during each of fiscal years 2007 through 2016;
``(B) the average number of acres of all lands
enrolled in the conservation reserve nationally during
each of fiscal years 2007 through 2016; and
``(C) the acres available for enrollment during
each of fiscal years 2019 through 2023, excluding acres
described in paragraph (2).
``(4) Frequency.--In carrying out this subchapter, for
contracts that are not available on a continuous enrollment
basis, the Secretary shall hold a signup not less often than
once every other year.''.
(c) Duration of Contract.--Section 1231(e) of the Food Security Act
of 1985 (16 U.S.C. 3831(e)) is amended to read as follows:
``(e) Duration of Contract.--
``(1) In general.--Except as provided in paragraph (2), for
the purpose of carrying out this subchapter, the Secretary
shall enter into contracts of not less than 10, nor more than
15, years.
``(2) Certain continuous contracts.--With respect to
contracts under this subchapter for the enrollment of land
described in paragraph (4) or (5) of subsection (b), the
Secretary shall enter into contracts of a period of 15 or 30
years.''.
(d) Eligibility for Consideration.--Section 1231(h) of the Food
Security Act of 1985 (16 U.S.C. 3831(h)) is amended--
(1) by striking ``On the expiration'' and inserting the
following:
``(1) In general.--On the expiration''; and
(2) by adding at the end the following:
``(2) Reenrollment limitation for certain land.--Land
subject to a contract entered into under this subchapter shall
be eligible for only one reenrollment in the conservation
reserve under paragraph (1) if the land is devoted to hardwood
trees.''.
SEC. 2202. FARMABLE WETLAND PROGRAM.
(a) Program Required.--Section 1231B(a)(1) of the Food Security Act
of 1985 (16 U.S.C. 3831b(a)(1)) is amended by striking ``2018'' and
inserting ``2023''.
(b) Eligible Acreage.--Section 1231B(b)(2) of the Food Security Act
of 1985 (16 U.S.C. 3831b(b)(2)) is amended to read as follows:
``(2) Buffer acreage.--Subject to subsections (c) and (d),
an owner or operator may enroll in the conservation reserve,
pursuant to the program established under this section, buffer
acreage that, with respect to land described in subparagraph
(A), (B), or (C) of paragraph (1)--
``(A) is contiguous to such land;
``(B) is used to protect such land; and
``(C) is of such width as the Secretary determines
is necessary to protect such land, taking into
consideration and accommodating the farming practices
(including the straightening of boundaries to
accommodate machinery) used with respect to the
cropland that surrounds such land.''.
(c) Program Limitations.--Section 1231B(c) of the Food Security Act
of 1985 (16 U.S.C. 3831b(c)) is amended--
(1) in paragraph (1)(B), by striking ``750,000'' and
inserting ``500,000'';
(2) in paragraph (2), by striking ``Subject to paragraph
(3), any acreage'' and inserting ``Any acreage''; and
(3) by striking paragraphs (3) and (4).
(d) Duties of Owners and Operators.--Section 1231B(e) of the Food
Security Act of 1985 (16 U.S.C. 3831b(e)) is amended--
(1) in paragraph (2), by striking the semicolon and
inserting ``; and'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(e) Duties of the Secretary.--Section 1231B(f) of the Food Security
Act of 1985 (16 U.S.C. 3831b(f)) is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraph (2)'';
(2) in paragraph (2), by striking ``section
1234(d)(2)(A)(ii)'' and inserting ``section 1234(d)(2)(A)'';
and
(3) by striking paragraph (3).
SEC. 2203. DUTIES OF OWNERS AND OPERATORS.
(a) In General.--Section 1232(a) of the Food Security Act of 1985
(16 U.S.C. 3832(a)) is amended--
(1) in paragraph (5), by inserting ``, which may include
the use of grazing in accordance with paragraph (8),'' after
``management on the land''; and
(2) by redesignating paragraphs (10) and (11) as paragraphs
(11) and (12), respectively, and inserting after paragraph (9)
the following:
``(10) on land devoted to hardwood or other trees,
excluding windbreaks and shelterbelts, to carry out proper
thinning and other practices to improve the condition of
resources, promote forest management, and enhance wildlife
habitat on the land;''.
(b) Conservation Plans.--Section 1232(b)(2) of the Food Security
Act of 1985 (16 U.S.C. 3832(b)(2)) is amended by striking ``, if
any,''.
SEC. 2204. DUTIES OF THE SECRETARY.
(a) Cost-Share and Rental Payments.--Section 1233(a)(2) of the Food
Security Act of 1985 (16 U.S.C. 3833(a)(2)) is amended by striking
``pay an annual rental payment in an amount necessary to compensate
for'' and inserting ``pay an annual rental payment, in accordance with
section 1234(d), for''.
(b) Specified Activities Permitted.--Section 1233(b) of the Food
Security Act of 1985 (16 U.S.C. 3833(b)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``not less than 25
percent'' and inserting ``25 percent''; and
(ii) by inserting ``(except that vegetative
cover may not be harvested for seed)'' after
``managed harvesting'';
(B) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (B), by striking ``is at least
every 5 but not more than once every 3 years;'' and
inserting ``contributes to the health and vigor of the
established cover, and is not more than once every 3
years; and''; and
(D) by adding at the end the following:
``(C) shall ensure that 25 percent of the acres
covered by the contract are not harvested, in
accordance with an approved plan that provides for
wildlife cover and shelter;'';
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``not less than 25 percent'' and inserting
``25 percent''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``routine grazing, except that in
permitting such routine grazing'' and inserting
``grazing, except that in permitting such
grazing'';
(ii) in clause (i), by striking ``continued
routine grazing; and'' and inserting
``grazing;'';
(iii) in clause (ii)--
(I) in the matter preceding
subclause (I), by striking ``routine
grazing may be conducted, such that the
frequency is not more than once every 2
years'' and inserting ``grazing may be
conducted, such that the frequency
contributes to the health and vigor of
the established cover'';
(II) in subclause (II), by striking
``the number of years that should be
required between routine'' and
inserting ``the appropriate frequency
and duration of''; and
(III) in subclause (III), by
striking ``routine'' each place it
appears; and
(iv) by adding at the end the following:
``(iii) shall ensure that the grazing is
conducted in accordance with an approved plan
that does not restrict grazing during the
primary nesting season and will reduce the
stocking rate determined under clause (i) by 50
percent; and'';
(3) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(4) by inserting after paragraph (3) the following:
``(4) grazing during the applicable normal grazing period
determined under subclause (I) of section 1501(c)(3)(D)(i) of
the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)(i)),
without any restriction on grazing during the primary nesting
period, subject to the condition that the grazing shall be at
50 percent of the normal carrying capacity determined under
that subclause.'';
(5) in paragraph (5), as so redesignated, by striking ``;
and'' and inserting ``and retains suitable vegetative structure
for wildlife cover and shelter;'';
(6) in paragraph (6)(C), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(7) by adding at the end the following:
``(7) grazing pursuant to section 1232(a)(5), without any
reduction in the rental rate, if the grazing is consistent with
the conservation of soil, water quality, and wildlife
habitat.''.
(c) Natural Disaster or Adverse Weather as Mid-contract
Management.--Section 1233 of the Food Security Act of 1985 (16 U.S.C.
3833) is amended by adding at the end the following:
``(e) Natural Disaster or Adverse Weather as Mid-contract
Management.--In the case of a natural disaster or adverse weather event
that has the effect of a management practice consistent with the
conservation plan, the Secretary shall not require further management
practices pursuant to section 1232(a)(5) that are intended to achieve
the same effect.''.
SEC. 2205. PAYMENTS.
(a) Cost Sharing Payments.--Section 1234(b) of the Food Security
Act of 1985 (16 U.S.C. 3834(b)) is amended--
(1) in paragraph (1), by striking ``50 percent'' and
inserting ``not more than 40 percent'';
(2) by amending paragraph (2) to read as follows:
``(2) Limitations.--
``(A) Exception for seed costs.--In the case of
seed costs related to the establishment of cover, cost
share shall not exceed 25 percent of the total cost of
the seed mixture.
``(B) Additional incentive payments.--Except as
provided in subsection (c), the Secretary may not make
additional incentive payments beyond the actual cost of
installing measures and practices described in
paragraph (1).
``(C) Mid-contract management grazing.--The
Secretary may not make any cost sharing payment to an
owner or operator under this subchapter pursuant to
section 1232(a)(5).''; and
(3) by striking paragraphs (3) and (4) and redesignating
paragraph (5) as paragraph (3).
(b) Incentive Payments.--Section 1234(c) of the Food Security Act
of 1985 (16 U.S.C. 3834(c)) is amended--
(1) in the subsection heading, by striking ``Incentive''
and inserting ``Forest Management Payment'';
(2) in paragraph (1), by striking ``The Secretary'' and
inserting ``Using funds made available under section
1241(a)(1)(A), the Secretary''; and
(3) in paragraph (2), by striking ``150 percent'' and
inserting ``100 percent''.
(c) Annual Rental Payments.--Section 1234(d) of the Food Security
Act of 1985 (16 U.S.C. 3834(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``less intensive use, the Secretary
may consider'' and inserting the following: ``less
intensive use--
``(A) the Secretary may consider'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(B) the Secretary shall consider the impact on
the local farmland rental market.'';
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
``(A) In general.--
``(i) Initial enrollment.--The amounts
payable to an owner or operator in the form of
annual rental payments under a contract entered
into under this subchapter with respect to land
that has not previously been subject to such a
contract shall be not more than 80 percent of
the applicable estimated average county rental
rate published pursuant to paragraph (4) for
the year in which the contract is entered into.
``(ii) Multiple enrollments.--If land
subject to a contract entered into under this
subchapter is reenrolled in the conservation
reserve under section 1231(h)(1)--
``(I) for the first such
reenrollment, the annual rental payment
shall be in an amount that is not more
than 65 percent of the applicable
estimated average county rental rate
published pursuant to paragraph (4) for
the year in which the reenrollment
occurs;
``(II) for the second such
reenrollment, the annual rental payment
shall be in an amount that is not more
than 55 percent of the applicable
estimated average county rental rate
published pursuant to paragraph (4) for
the year in which the reenrollment
occurs;
``(III) for the third such
reenrollment, the annual rental payment
shall be in an amount that is not more
than 45 percent of the applicable
estimated average county rental rate
published pursuant to paragraph (4) for
the year in which the reenrollment
occurs; and
``(IV) for the fourth such
reenrollment, the annual rental payment
shall be in an amount that is not more
than 35 percent of the applicable
estimated average county rental rate
published pursuant to paragraph (4) for
the year in which the reenrollment
occurs.''; and
(B) in subparagraph (B), by striking ``In the
case'' and inserting ``Notwithstanding subparagraph
(A), in the case'';
(3) by striking paragraph (4) and redesignating paragraph
(5) as paragraph (4); and
(4) in paragraph (4), as so redesignated--
(A) by striking ``cash'' each place it appears;
(B) in subparagraph (A)--
(i) by striking ``, not less frequently
than once every other year,'' and inserting
``annually''; and
(ii) by inserting ``, and shall publish the
estimates derived from such survey not later
than September 15 of each year'' before the
period at the end; and
(C) in subparagraph (C)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by striking ``as a factor in
determining'' and inserting ``to determine''.
(d) Payment Limitation for Rental Payments.--Section 1234(g)(2) of
the Food Security Act of 1985 (16 U.S.C. 3834(g)(2)) is amended by
adding at the end the following:
``(C) Limitation on payments.--Payments under
subparagraph (B) shall not exceed 50 percent of the
cost of activities carried out under the applicable
agreement entered into under such subparagraph.''.
SEC. 2206. CONTRACTS.
(a) Early Termination by Owner or Operator.--Section 1235(e)(1)(A)
of the Food Security Act of 1985 (16 U.S.C. 3835(e)(1)(A)) is amended
by striking ``2015'' and inserting ``2019''.
(b) Transition Option for Certain Farmers or Ranchers.--Section
1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is
amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) beginning on the date that is 1 year before
the date of termination of the contract, allow the
covered farmer or rancher, in conjunction with the
retired or retiring owner or operator, to make
conservation and land improvements, including preparing
to plant an agricultural crop;'';
(B) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F), respectively, and
inserting after subparagraph (A) the following:
``(B) beginning on the date that is 3 years before
the date of termination of the contract, allow the
covered farmer or rancher to begin the certification
process under the Organic Foods Production Act of 1990
(7 U.S.C. 6501 et seq.);'';
(C) in subparagraph (D), as so redesignated, by
inserting ``, and provide to such farmer or rancher
technical and financial assistance to carry out the
requirements of the plan, if any'' before the semicolon
at the end; and
(D) in subparagraph (E), as so redesignated, by
striking ``the conservation stewardship program or'';
and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``The Secretary'' and inserting ``To the
extent the maximum number of acres permitted to be
enrolled under the program has not been met, the
Secretary''; and
(B) in subparagraph (A), by striking ``eligible for
enrollment under the continuous signup option pursuant
to section 1234(d)(2)(A)(ii)'' and inserting ``is
carried out on land described in paragraph (4) or (5)
of section 1231(b)''.
(c) End of Contract Considerations.--Section 1235(g) of the Food
Security Act of 1985 (16 U.S.C. 3835(g)) is amended to read as follows:
``(g) End of Contract Considerations.--The Secretary shall not
consider an owner or operator to be in violation of a term or condition
of the conservation reserve contract if--
``(1) during the year prior to expiration of the contract,
the owner or operator--
``(A) enters into an environmental quality
incentives program contract; and
``(B) begins the establishment of an environmental
quality incentives practice; or
``(2) during the three years prior to the expiration of the
contract, the owner or operator begins the certification
process under the Organic Foods Production Act of 1990.''.
Subtitle C--Environmental Quality Incentives Program
SEC. 2301. DEFINITIONS.
(a) Practice.--Section 1240A(4)(B) of the Food Security Act of 1985
(16 U.S.C. 3839aa-1(4)(B)) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon; and
(2) by redesignating clause (ii) as clause (iv) and
inserting after clause (i) the following:
``(ii) precision conservation management
planning;
``(iii) the use of cover crops and resource
conserving crop rotations; and''.
(b) Priority Resource Concern.--Section 1240A of the Food Security
Act of 1985 (16 U.S.C. 3839aa-1) is amended by redesignating paragraph
(5) as paragraph (6) and inserting after paragraph (4) the following:
``(5) Priority resource concern.--The term `priority
resource concern' means a natural resource concern or problem,
as determined by the Secretary, that--
``(A) is identified at the national, State, or
local level as a priority for a particular area of a
State; and
``(B) represents a significant concern in a State
or region.''.
(c) Stewardship Practice.--Section 1240A of the Food Security Act
of 1985 (16 U.S.C. 3839aa-1) is amended by adding at the end the
following:
``(7) Stewardship practice.--The term `stewardship
practice' means a practice or set of practices approved by the
Secretary that, when implemented and maintained on eligible
land, address 1 or more priority resource concerns.''.
SEC. 2302. ESTABLISHMENT AND ADMINISTRATION.
(a) Establishment.--Section 1240B(a) of the Food Security Act of
1985 (16 U.S.C. 3839aa-2(a)) is amended by striking ``2019'' and
inserting ``2023''.
(b) Allocation of Funding.--Section 1240B(f) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended to read as follows:
``(f) Allocation of Funding.--For each of fiscal years 2014 through
2023, at least 5 percent of the funds made available for payments under
the program shall be targeted at practices benefitting wildlife habitat
under subsection (g).''.
(c) Water Conservation or Irrigation Efficiency Practice.--Section
1240B(h) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(h)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) Availability of payments.--The Secretary may provide
water conservation and system efficiency payments under this
subsection to a producer for--
``(A) a water conservation scheduling technology or
water conservation scheduling management;
``(B) irrigation-related structural practices;
``(C) the use of existing drainage systems, or to
upgrade drainage systems, to provide irrigation or
water efficiency; or
``(D) a transition to water-conserving crops or
water-conserving crop rotations.'';
(2) by redesignating paragraph (2) as paragraph (3) and
inserting after paragraph (1) the following:
``(2) Limited eligibility of irrigation districts,
irrigation associations, drainage districts, and acequias.--
``(A) In general.--Notwithstanding section
1001(f)(6), the Secretary may enter into a contract
under this subsection with an irrigation district,
irrigation association, drainage district, or acequia
to implement water conservation or irrigation practices
pursuant to a watershed-wide project that will
effectively conserve water, as determined by the
Secretary.
``(B) Implementation.--Water conservation or
irrigation practices that are the subject of a contract
entered into under this paragraph shall be implemented
on--
``(i) eligible land of a producer; or
``(ii) land that is under the control of
the irrigation district, irrigation
association, drainage district, or acequia, and
adjacent to such eligible land, as determined
by the Secretary.
``(C) Waiver authority.--The Secretary may waive
the applicability of the limitations in section
1001D(b)(2) or section 1240G of this Act for a payment
made under a contract entered into under this paragraph
if the Secretary determines that such a waiver is
necessary to fulfill the objectives of the project.
``(D) Contract limitations.--If the Secretary
grants a waiver under subparagraph (C), the Secretary
may impose a separate payment limitation for the
contract with respect to which the waiver applies.'';
and
(3) in paragraph (3), as so redesignated--
(A) in the matter preceding subparagraph (A), by
striking ``to a producer'' and inserting ``under this
subsection'';
(B) in subparagraph (A), by striking ``the eligible
land of the producer is located, there is a reduction
in water use in the operation of the producer'' and
inserting ``the land on which the practices will be
implemented is located, there is a reduction in water
use in the operation on such land''; and
(C) in subparagraph (B), by inserting ``with
respect to an application under paragraph (1),'' before
``the producer agrees''.
(d) Stewardship Contracts.--Section 1240B of the Food Security Act
of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the
following:
``(j) Stewardship Contracts.--
``(1) Identification of eligible priority resource concerns
for states.--
``(A) In general.--The Secretary, in consultation
with the State technical committee, shall identify
priority resource concerns within a State that are
eligible to be the subject of a stewardship contract
under this subsection.
``(B) Limitation.--The Secretary shall identify not
more than 3 eligible priority resource concerns under
subparagraph (A) within each area of a State.
``(2) Contracts.--
``(A) In general.--The Secretary shall enter into
contracts with producers under this subsection that--
``(i) provide incentives, through annual
payments, to producers to attain increased
conservation stewardship on eligible land;
``(ii) adopt and install a stewardship
practice to effectively address a priority
resource concern identified as eligible under
paragraph (1); and
``(iii) require management and maintenance
of such stewardship practice for the term of
the contract.
``(B) Term.--A contract under this subsection shall
have a term of not less than 5, nor more than 10,
years.
``(C) Prioritization.--Section 1240C(b) shall not
apply to applications for contracts under this
subsection.
``(3) Stewardship payments.--
``(A) In general.--The Secretary shall provide
payments to producers through contracts entered into
under paragraph (2) for--
``(i) adopting and installing stewardship
practices; and
``(ii) managing, maintaining, and improving
the stewardship practices for the duration of
the contract, as determined appropriate by the
Secretary.
``(B) Payment amounts.--In determining the amount
of payments under subparagraph (A), the Secretary shall
consider, to the extent practicable--
``(i) the level and extent of the
stewardship practice to be installed, adopted,
completed, maintained, managed, or improved;
``(ii) the cost of the installation,
adoption, completion, management, maintenance,
or improvement of the stewardship practice;
``(iii) income foregone by the producer;
and
``(iv) the extent to which compensation
would ensure long-term continued maintenance,
management, and improvement of the stewardship
practice.
``(C) Limitation.--The total amount of payments a
person or legal entity receives pursuant to
subparagraph (A) shall not exceed $50,000 for any
fiscal year.
``(4) Reservation of funds.--The Secretary may use not more
than 50 percent of the funds made available under section 1241
to carry out this chapter for payments made pursuant to this
subsection.''.
SEC. 2303. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended by inserting ``or the period of fiscal years 2019 through
2023,'' after ``2018,''.
SEC. 2304. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
(a) Competitive Grants for Innovative Conservation Approaches.--
Section 1240H(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
8(a)) is amended--
(1) in paragraph (1), by inserting ``use not more than
$25,000,000 in each of fiscal years 2019 through 2023 to''
after ``the Secretary may''; and
(2) in paragraph (2)(A), by inserting ``or persons
participating in an educational activity through an institution
of higher education, including by carrying out demonstration
projects on lands of the institution'' before the semicolon at
the end.
(b) Air Quality Concerns From Agricultural Operations.--Section
1240H(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-8(b)(2))
is amended by inserting ``, and $37,500,000 for each of fiscal years
2019 through 2023'' after ``2018''.
(c) On-Farm Conservation Innovation Trials; Reporting and
Database.--Section 1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa-8) is amended by striking subsection (c) and inserting the
following:
``(c) On-Farm Conservation Innovation Trials.--
``(1) In general.--Using not more than $25,000,000 of the
funds made available to carry out this chapter in each of
fiscal years 2019 through 2023, the Secretary shall carry out
on-farm conservation innovation trials, on eligible land of
producers, to test new or innovative conservation approaches--
``(A) directly with producers; or
``(B) through eligible entities.
``(2) Incentive payments.--
``(A) Agreements.--In carrying out paragraph (1),
the Secretary shall enter into agreements with
producers on whose land an on-farm conservation
innovation trial is being carried out to provide
payments (including payments to compensate for foregone
income, as appropriate to address the increased
economic risk potentially associated with new or
innovative conservation approaches) to the producers to
assist with adopting and evaluating new or innovative
conservation approaches.
``(B) Length of incentives.--An agreement entered
into under subparagraph (A) shall be for a period
determined by the Secretary that is--
``(i) not less than 3 years; and
``(ii) if appropriate, more than 3 years,
including if such a period is appropriate to
support--
``(I) adaptive management over
multiple crop years; and
``(II) adequate data collection and
analysis to report the natural resource
and agricultural production benefits of
the new or innovative conservation
approaches.
``(3) Flexible adoption.--A producer or eligible entity
participating in an on-farm conservation innovation trial under
paragraph (1) may determine the scale of adoption of the new or
innovative conservation approaches in the on-farm conservation
innovation trial, which may include multiple scales on an
operation, including whole farm, field-level, or sub-field
scales.
``(4) Technical assistance.--The Secretary shall provide
technical assistance--
``(A) to a producer or eligible entity
participating in an on-farm conservation innovation
trial under paragraph (1), with respect to the design,
installation, and management of the new or innovative
conservation approaches; and
``(B) to an eligible entity participating in an on-
farm conservation innovation trial under paragraph (1),
with respect to data analyses of the on-farm
conservation innovation trial.
``(5) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means a third-party private entity the primary business
of which is related to agriculture.
``(B) New or innovative conservation approaches.--
The term `new or innovative conservation approaches'
means--
``(i) new or innovative--
``(I) precision agriculture
technologies;
``(II) enhanced nutrient management
plans, nutrient recovery systems, and
fertilization systems;
``(III) soil health management
systems;
``(IV) water management systems;
``(V) resource-conserving crop
rotations;
``(VI) cover crops; and
``(VII) irrigation systems; and
``(ii) any other conservation approach
approved by the Secretary as new or innovative.
``(d) Reporting and Database.--
``(1) Report required.--Not later than December 31, 2014,
and every two years thereafter, the Secretary shall submit to
the Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Agriculture of the House of
Representatives a report on the status of activities funded
under this section, including--
``(A) funding awarded;
``(B) results of the activities; and
``(C) incorporation of findings from the
activities, such as new technology and innovative
approaches, into the conservation efforts implemented
by the Secretary.
``(2) Conservation practice database.--
``(A) In general.--The Secretary shall use the data
reported under paragraph (1) to establish and maintain
a publicly available conservation practice database
that provides--
``(i) a compilation and analysis of
effective conservation practices for soil
health, nutrient management, and source water
protection in varying soil compositions,
cropping systems, slopes, and landscapes; and
``(ii) a list of recommended new and
effective conservation practices.
``(B) Privacy.--Information provided under
subparagraph (A) shall be transformed into a
statistical or aggregate form so as to not include any
identifiable or personal information of individual
producers.''.
Subtitle D--Other Conservation Programs
SEC. 2401. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C.
3839bb(e)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 2402. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
(a) Authorization of Appropriations.--Section 1240O(b)(1) of the
Food Security Act of 1985 (16 U.S.C. 3839bb-2(b)(1)) is amended by
striking ``2018'' and inserting ``2023''.
(b) Availability of Funds.--Section 1240O(b) of the Food Security
Act of 1985 (16 U.S.C. 3839bb-2(b)) is amended by adding at the end the
following:
``(3) Additional funding.--In addition to any other funds
made available under this subsection, of the funds of the
Commodity Credit Corporation, the Secretary shall use
$5,000,000 beginning in fiscal year 2019, to remain available
until expended.''.
SEC. 2403. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
Section 1240R(f)(1) of the Food Security Act of 1985 (16 U.S.C.
3839bb-5(f)(1)) is amended--
(1) by striking ``2012 and'' and inserting ``2012,''; and
(2) by inserting ``, and $50,000,000 for the period of
fiscal years 2019 through 2023'' before the period at the end.
SEC. 2404. WATERSHED PROTECTION AND FLOOD PREVENTION.
(a) Authorization of Appropriations.--Section 14(h)(2)(E) of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)(E))
is amended by striking ``2018'' and inserting ``2023''.
(b) Funds of Commodity Credit Corporation.--The Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) is amended
by adding at the end the following:
``SEC. 15. FUNDING.
``In addition to any other funds made available by this Act, of the
funds of the Commodity Credit Corporation, the Secretary shall make
available to carry out this Act $100,000,000 for each of fiscal years
2019 through 2023, to remain available until expended.''.
SEC. 2405. FERAL SWINE ERADICATION AND CONTROL PILOT PROGRAM.
(a) In General.--The Secretary of Agriculture shall establish a
feral swine eradication and control pilot program to respond to the
threat feral swine pose to agriculture, native ecosystems, and human
and animal health.
(b) Duties of the Secretary.--In carrying out the pilot program,
the Secretary shall--
(1) study and assess the nature and extent of damage to the
pilot areas caused by feral swine;
(2) develop methods to eradicate or control feral swine in
the pilot areas;
(3) develop methods to restore damage caused by feral
swine; and
(4) provide financial assistance to agricultural producers
in pilot areas.
(c) Assistance.--The Secretary may provide financial assistance to
agricultural producers under the pilot program to implement methods
to--
(1) eradicate or control feral swine in the pilot areas;
and
(2) restore damage caused by feral swine.
(d) Coordination.--The Secretary shall ensure that the Natural
Resources Conservation Service and the Animal and Plant Health
Inspection Service coordinate for purposes of this section through
State technical committees established under section 1261 of the Food
Security Act of 1985.
(e) Pilot Areas.--The Secretary shall carry out the pilot program
in areas of States in which feral swine have been identified as a
threat to agriculture, native ecosystems, or human or animal health, as
determined by the Secretary.
(f) Cost Sharing.--
(1) Federal share.--The Federal share of the costs
activities under the pilot program may not exceed 75 percent of
the total costs of such activities.
(2) In-kind contributions.--The non-Federal share of the
costs of activities under the pilot program may be provided in
the form of in-kind contributions of materials or services.
(g) Funding.--
(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $100,000,000 for the period of fiscal years 2019
through 2023.
(2) Distribution of funds.--Of the funds made available
under paragraph (1)--
(A) 50 percent shall be allocated to the Natural
Resources Conservation Service to carry out the pilot
program, including the provision of financial
assistance to producers for on-farm trapping and
technology related to capturing and confining feral
swine; and
(B) 50 percent shall be allocated to the Animal and
Plant Health Inspection Service to carry out the pilot
program, including the use of established, and testing
of innovative, population reduction methods.
(3) Limitation on administrative expenses.--Not more than
10 percent of funds made available under this section may be
used for administrative expenses of the pilot program.
SEC. 2406. EMERGENCY CONSERVATION PROGRAM.
(a) Repair or Replacement of Fencing.--
(1) In general.--Section 401 of the Agricultural Credit Act
of 1978 (16 U.S.C. 2201) is amended--
(A) by striking the section designation and all
that follows through ``The Secretary of Agriculture''
and inserting the following:
``SEC. 401. PAYMENTS TO PRODUCERS.
``(a) In General.--The Secretary of Agriculture (referred to in
this title as the `Secretary')'';
(B) in subsection (a), as so designated, by
inserting ``wildfires,'' after ``hurricanes,''; and
(C) by adding at the end the following:
``(b) Repair or Replacement of Fencing.--With respect to a payment
to an agricultural producer under subsection (a) for the repair or
replacement of fencing, the Secretary shall give the agricultural
producer the option of receiving the payment, determined based on the
applicable percentage of the fair market value of the cost of the
repair or replacement, as determined by the Secretary, before the
agricultural producer carries out the repair or replacement.''.
(2) Conforming amendments.--
(A) Sections 402, 403, 404, and 405 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2202, 2203,
2204, 2205) are amended by striking ``Secretary of
Agriculture'' each place it appears and inserting
``Secretary''.
(B) Section 407(a) of the Agricultural Credit Act
of 1978 (16 U.S.C. 2206(a)) is amended by striking
paragraph (4).
(b) Cost Share Payments.--Title IV of the Agricultural Credit Act
of 1978 (16 U.S.C. 2201 et seq.) is amended by inserting after section
402 the following:
``SEC. 402A. COST SHARE REQUIREMENT.
``(a) Cost-share Rate.--The maximum cost-share payment under
section 401 and section 402 shall not exceed 75 percent of the total
allowable cost, as determined by the Secretary.
``(b) Exception.--Not withstanding subsection (a), a qualified
limited resource, socially disadvantaged, or beginning farmer or
rancher payment under section 401 and 402 shall not exceed 90 percent
of the total allowable cost, as determined by the Secretary.
``(c) Limitation.--In no case shall the total payment under section
401 and 402 for a single event exceed 50 percent of what the Secretary
has determined to be the agriculture value of the land.''.
SEC. 2407. SENSE OF CONGRESS ON INCREASED WATERSHED-BASED
COLLABORATION.
It is the sense of Congress that the Federal Government should
recognize and encourage partnerships at the watershed level between
nonpoint sources and regulated point sources to advance the goals of
the Federal Water Pollution Control Act and provide benefits to
farmers, landowners, and the public.
SEC. 2408. SOIL AND WATER RESOURCES CONSERVATION.
The Soil and Water Resources Conservation Act of 1977 (16 U.S.C.
2001 et seq.) is amended--
(1) in section 5(e), by striking ``and December 31, 2015''
and inserting ``December 31, 2015, and December 31, 2022'';
(2) in section 6(d), by striking ``, respectively'' and
inserting ``, and a program update shall be completed by
December 31, 2023'';
(3) in section 7--
(A) in subsection (a), by striking ``and 2016'' and
inserting ``, 2016, and 2022''; and
(B) in subsection (b), in the matter preceding
paragraph (1), by striking ``and 2017'' and inserting
``, 2017, and 2023'';
(4) in section 10, by striking ``2018'' and inserting
``2023'';
(5) by redesignating sections 8 through 10 as sections 9
though 11, respectively; and
(6) by inserting after section 7 the following:
``SEC. 8. CONSERVATION PROGRAMS ASSESSMENT.
``(a) In General.--In coordination with the appraisal of soil,
water, and related resources and with the national soil and water
conservation program established under this Act, the Secretary may
carry out a conservation effects assessment project to quantify the
environmental and economic effects of conservation practices, develop
the science base for managing the agricultural landscape for
environmental quality and sustainable productive capacity, and improve
the efficacy of conservation practices and programs by evaluating
conservation effects.
``(b) Scope.--The project under this subsection may be carried out
at national, regional, and watershed scales, and may include cropland,
grazing lands, wetlands, forests, and such other lands as the Secretary
may determine appropriate.
``(c) Activities.--The project under this subsection may include
research, literature reviews and bibliographies, modeling, assessment,
monitoring and data collection, outreach, extension education, and such
other activities as the Secretary may determine appropriate.
``SEC. 9. GOALS AND ASSESSMENT PROCESS FOR CONSERVATION PROGRAMS.
``(a) Natural Resource and Environmental Objectives and Outcomes.--
``(1) In general.--In coordination with the appraisal of
soil, water, and related resources, the soil and water
conservation program, and the conservation effects assessment
project established by this Act, the Secretary shall identify,
and periodically revise, specific natural resource and
environmental objectives and anticipated conservation outcomes
and results, by resource concern, for the conservation programs
established under subtitles D and H of title XII of the Food
Security Act of 1985 and the landscape conservation initiatives
developed by the Secretary.
``(2) Assessments.--To help measure outcomes and results,
the Secretary shall, to the maximum extent practicable, make
assessments of changes in the status and conditions of natural
resources and the environment that result from the application
of conservation activities supported directly by such
conservation programs and initiatives.
``(3) Monitoring and program evaluation.--The Secretary
shall establish a coordinated monitoring and evaluation process
for programs and initiatives to assess progress toward the
identified objectives, to gather information to improve program
and initiative implementation in accordance with desired
program and initiative outcomes and results, and to assess the
need for modifications to program or initiative rules or
statutes.
``(b) Monitoring and Program Evaluation.--
``(1) In general.--The Secretary shall establish a
comprehensive monitoring and program evaluation process to
assess progress in reaching natural resource and environmental
objectives identified in accordance with subsection (a) and the
contribution of individual programs and initiatives, as well as
the programs and initiatives collectively, to that progress.
``(2) Implementation.--In implementing the monitoring and
program evaluation process under paragraph (1), the Secretary
may consider and incorporate resource concern inventories,
quality criteria, conservation practices and enhancements, and
such other information as the Secretary determines relevant for
applying the monitoring and program evaluation process across
each of the major land uses identified by the Secretary.
``(3) Monitoring and evaluation process.--
``(A) In general.--Not later than two years after
the date of enactment of this section, the Secretary
shall issue a design for the comprehensive monitoring
and evaluation process, a schedule for implementing the
process, and a plan for coordinating the process with
the national soil and water conservation program and
conservation effects assessment project established
under this Act.
``(B) Methodology.--The design for the monitoring
and evaluation process shall--
``(i) include detailed information
concerning the requisite frequency of the
monitoring process at the field, water body,
habitat, or other level and the manner in which
the data will be aggregated at the landscape or
watershed level, county or local level, State
level, national level, and any other level the
Secretary determines necessary; and
``(ii) take into account the cumulative
nature of conservation over time, the
interactions and sequencing effects between
conservation activities, the differing times
for conservation effects to be realized, and
other related measurement challenges.
``(C) Public research.--Notwithstanding any other
provision of law, in order to facilitate implementation
of the monitoring and evaluation process, the Secretary
shall make available conservation activity and program
data to cooperators and researchers engaged in public
research and evaluation activities to improve
conservation outcomes under this subsection, provided
that--
``(i) adequate assurances are provided to
the Secretary that any resulting research or
information will be made publicly available and
in a form that protects personally identifiable
information; and
``(ii) the National Technical Committee
finds that any such research is likely to
generate information that furthers the purpose
of this section.
``(4) Cooperative agreements.--The Secretary may implement
the monitoring evaluation process in part through cooperative
or contribution agreements with Federal, State, and local
agencies, universities and colleges, nongovernmental
organizations with requisite expertise, as determined by the
Secretary in consultation with the National Technical
Committee.
``(5) National technical committee.--
``(A) Composition.--The monitoring and evaluation
process shall be administered by the Natural Resources
Conservation Service with assistance from a national
technical committee appointed by the Secretary and
composed of individuals with relevant technical and
scientific expertise representing--
``(i) the Agricultural Research Service of
the Department of Agriculture;
``(ii) the Economic Research Service of the
Department of Agriculture;
``(iii) the Farm Service Agency of the
Department of Agriculture;
``(iv) the Forest Service;
``(v) the National Institute for Food and
Agriculture;
``(vi) the United States Geological Survey;
``(vii) State and tribal agencies;
``(viii) land grant university natural
resource research programs;
``(ix) nongovernmental organizations with
expertise in the full array of conservation
issues and measurement and evaluation of
conservation outcomes; and
``(x) such other agencies, institutions, or
organizations as the Secretary may determine
appropriate.
``(B) FACA exemption.--The national technical
committee shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
``(C) Transparency.--The Secretary shall ensure the
proceedings and recommendations of the national
technical committee are available to the public.
``(6) Voluntary participation.--In carrying out this
subsection, the Secretary shall ensure that any on-farm
monitoring activities that may be included as part of the
monitoring and program evaluation process are voluntary on the
part of the producer, and may include appropriate compensation,
as determined by the Secretary.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection, for
each fiscal year, the amount that is equal to one percent of
the total annual funding from the funds of the Commodity Credit
Corporation made available in the preceding fiscal year for the
conservation programs established under subtitles D and H of
title XII of the Food Security Act of 1985, excluding the
conservation reserve program.
``(c) Reporting.--
``(1) Report on objectives and methods.--Beginning in the
fiscal year that is 3 years after the date of enactment of this
subsection, and periodically thereafter, as determined by the
Secretary, the Secretary shall submit to Congress, and make
publicly available, a report that includes--
``(A) a description of conservation outcome
objectives that are, to the maximum extent practicable,
quantitative, measurable, and time-bound for each
program established under subtitle D or H of the Food
Security Act of 1985 and the landscape conservation
initiatives developed by the Secretary;
``(B) a description of the approaches, tools, and
methods used to measure or model the conservation
outcomes and results and to estimate the cost-
effectiveness of each such program; and
``(C) guidance to the conservation project partners
working to implement conservation programs within a
landscape-level project that provides a description of
the approaches, tools, and methods the partners might
consider using to measure and model the conservation
outcomes and results of their projects.
``(2) Report on outcomes.--In conjunction with each of the
reports to Congress pursuant to section 7, the Secretary shall
submit to Congress, and make publicly available, a report that
includes--
``(A) an assessment of progress made towards
achieving conservation program objectives and
anticipated outcomes and results for each conservation
program established under subtitle D or H of title XII
of the Food Security Act of 1985, as well as for such
programs collectively, and the landscape conservation
initiatives developed by the Secretary;
``(B) an evaluation of the cost-effectiveness of
each such conservation program and initiative; and
``(C) recommendations, in light of the assessment
and evaluation, to improve program implementation and
improve the scientific and economic tools (including
any new or revised conservation practices, conservation
enhancements, or conservation planning tools) used to
achieve stated natural resource conservation and
environmental objectives.
``(3) Coordination.--The Secretary may coordinate the
reports required under paragraphs (1) and (2) with any reports
developed as part of the conservation effects assessment
project authorized by section 8, whenever such coordination is
feasible and warranted, as determined by the Secretary.''.
Subtitle E--Funding and Administration
SEC. 2501. COMMODITY CREDIT CORPORATION.
(a) Annual Funding.--Section 1241(a) of the Food Security Act of
1985 (16 U.S.C. 3841(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``2018 (and fiscal year 2019 in the case of the program
specified in paragraph (5))'' and inserting ``2023'';
(2) in paragraph (1), by striking ``2018'' each place it
appears and inserting ``2023'';
(3) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) $500,000,000 for each of fiscal years 2019
through 2023.'';
(4) by striking paragraph (3) and redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively;
(5) in paragraph (3) (as so redesignated), by inserting ``,
as in effect on the day before the date of enactment of the
Agriculture and Nutrition Act of 2018, using such sums as are
necessary to administer contracts entered into before the
earlier of September 30, 2018, or such date of enactment''
before the period at the end; and
(6) in paragraph (4) (as so redesignated)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking ``each of
fiscal years 2018 through 2019.'' and inserting
``fiscal year 2018;''; and
(C) by adding at the end the following:
``(F) $2,000,000,000 for fiscal year 2019;
``(G) $2,500,000,000 for fiscal year 2020;
``(H) $2,750,000,000 for fiscal year 2021;
``(I) $2,935,000,000 for fiscal year 2022; and
``(J) $3,000,000,000 for fiscal year 2023.''.
(b) Availability of Funds.--Section 1241(b) of the Food Security
Act of 1985 (16 U.S.C. 3841(b)) is amended by striking ``2018 (and
fiscal year 2019 in the case of the program specified in subsection
(a)(5))'' and inserting ``2023''.
(c) Technical Assistance.--Section 1241(c) of the Food Security Act
of 1985 (16 U.S.C. 3841(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Priority.--In the delivery of technical assistance
under the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590a et seq.), the Secretary shall give priority to
producers who request technical assistance from the Secretary
in order to comply for the first time with the requirements of
subtitle B and subtitle C of this title as a result of the
amendments made by section 2611 of the Agricultural Act of
2014.''; and
(2) by striking paragraph (3) and redesignating paragraph
(4) as paragraph (3).
(d) Regional Equity.--
(1) In general.--Section 1241 of the Food Security Act of
1985 (16 U.S.C. 3841) is amended by striking subsection (e) and
redesignating subsections (f) through (i) as subsections (e)
through (h), respectively.
(2) Conforming amendments.--Section 1221(c) of the Food
Security Act of 1985 (16 U.S.C. 3821(c)) is amended by striking
``1241(f)'' and inserting ``1241(e)'' each place it appears.
(e) Reservation of Funds To Provide Assistance to Certain Farmers
or Ranchers for Conservation Access.--Section 1241(g) of the Food
Security Act of 1985 (as redesignated by subsection (d) of this
section) is amended--
(1) in paragraph (1), by striking ``2018 to carry out the
environmental quality incentives program and the acres made
available for each of such fiscal years to carry out the
conservation stewardship program'' and inserting ``2023 to
carry out the environmental quality incentives program''; and
(2) by striking paragraph (3) and redesignating paragraph
(4) as paragraph (3).
(f) Report on Program Enrollments and Assistance.--Section 1241(h)
of the Food Security Act of 1985 (as redesignated by subsection (d) of
this section) is amended to read as follows:
``(h) Report on Program Enrollments and Assistance.--Not later than
December 15 of each of calendar years 2018 through 2023, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate an annual report containing statistics by State
related to enrollments in conservation programs under this subtitle, as
follows:
``(1) The annual and current cumulative activity reflecting
active agreement and contract enrollment statistics.
``(2) Secretarial exceptions, waivers, and significant
payments, including--
``(A) payments made under the agricultural
conservation easement program for easements valued at
$250,000 or greater;
``(B) payments made under the regional conservation
partnership program subject to the waiver of adjusted
gross income limitations pursuant to section
1271C(c)(3);
``(C) waivers granted by the Secretary under
section 1001D(b)(3) of this Act;
``(D) exceptions and activity associated with
section 1240B(h)(2); and
``(E) exceptions provided by the Secretary under
section 1265B(b)(2)(C).''.
SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE.
(a) Definitions.--Section 1242(a) of the Food Security Act of 1985
(16 U.S.C. 3842(a)) is amended to read as follows:
``(a) Definitions.--In this section:
``(1) Eligible participant.--The term `eligible
participant' means a producer, landowner, or entity that is
participating in, or seeking to participate in, programs in
which the producer, landowner, or entity is otherwise eligible
to participate under this title.
``(2) Third-party provider.--The term `third-party
provider' means a commercial entity (including a farmer
cooperative, agriculture retailer, or other commercial entity
(as defined by the Secretary)), a nonprofit entity, a State or
local government (including a conservation district), or a
Federal agency, that has expertise in the technical aspect of
conservation planning, including nutrient management planning,
watershed planning, or environmental engineering.''.
(b) Certification of Third-Party Providers.--Section 1242(e) of the
Food Security Act of 1985 (16 U.S.C. 3842(e)) is amended by adding at
the end the following:
``(4) Alternative certification.--
``(A) In general.--In carrying out this subsection,
the Secretary shall approve any qualified certification
that the Secretary determines meets or exceeds the
national criteria provided under paragraph (3)(B).
``(B) Qualified certification.--In this paragraph,
the term `qualified certification' means a professional
certification that is established by the Secretary, an
agriculture retailer, a farmer cooperative, the
American Society of Agronomy, or the National Alliance
of Independent Crop Consultants, including
certification--
``(i) as a Certified Crop Advisor by the
American Society of Agronomy;
``(ii) as a Certified Professional
Agronomist by the American Society of Agronomy;
and
``(iii) as a Comprehensive Nutrient
Management Plan Specialist by the Secretary.''.
SEC. 2503. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS.
Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is
amended--
(1) by striking subsection (m);
(2) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively, and inserting after
subsection (h) the following:
``(i) Source Water Protection Through Targeting of Agricultural
Practices.--
``(1) In general.--In carrying out any conservation program
administered by the Secretary, the Secretary shall encourage
practices that relate to water quality and water quantity that
protect source waters for drinking water (including protecting
against public health threats) while also benefitting
agricultural producers.
``(2) Collaboration with water systems and increased
incentives.--In encouraging practices under paragraph (1), the
Secretary shall--
``(A) work collaboratively with community water
systems and State technical committees established
under section 1261 to identify, in each State, local
priority areas for the protection of source waters for
drinking water; and
``(B) offer to producers increased incentives and
higher payment rates than are otherwise statutorily
authorized through conservation programs administered
by the Secretary for practices that result in
significant environmental benefits that the Secretary
determines--
``(i) relate to water quality or water
quantity; and
``(ii) occur primarily outside of the land
on which the practices are implemented.
``(3) Reservation of funds.--In each of fiscal years 2019
through 2023, the Secretary shall use, to carry out this
subsection, not less than 10 percent of any funds available
with respect to each conservation program administered by the
Secretary under this title except the conservation reserve
program.''; and
(3) in subsection (m), as so redesignated, by striking
``the conservation stewardship program under subchapter B of
chapter 2 of subtitle D and''.
SEC. 2504. ESTABLISHMENT OF STATE TECHNICAL COMMITTEES.
Section 1261(c) of the Food Security Act of 1985 (16 U.S.C.
3861(c)) is amended by adding at the end the following:
``(14) The State 1862 Institution (as defined in section
2(1) of the Agricultural Research, Extension, and Education
Reform Act of 1998).''.
Subtitle F--Agricultural Conservation Easement Program
SEC. 2601. ESTABLISHMENT AND PURPOSES.
Section 1265(b) of the Food Security Act of 1985 (16 U.S.C.
3865(b)) is amended--
(1) in paragraph (3), by inserting ``that negatively affect
the agricultural uses and conservation values'' after ``that
land''; and
(2) in paragraph (4), by striking ``restoring and'' and
inserting ``restoring or''.
SEC. 2602. DEFINITIONS.
(a) Agricultural Land Easement.--Section 1265A(1)(B) of the Food
Security Act of 1985 (16 U.S.C. 3865a(1)(B)) is amended by striking
``subject to an agricultural land easement plan, as approved by the
Secretary''.
(b) Eligible Land.--Section 1265A(3) of the Food Security Act of
1985 (16 U.S.C. 3865a(3)) is amended--
(1) by amending subparagraph (A)(iii)(VI) to read as
follows:
``(VI) nonindustrial private forest
land that contributes to the economic
viability of an offered parcel, or
serves as a buffer to protect such land
from development, which may include up
to 100 percent of the parcel if the
Secretary determines enrolling the land
is important to protect a forest to
provide significant conservation
benefits;''; and
(2) in subparagraph (B)(i)(II), by striking ``, as
determined by the Secretary in consultation with the Secretary
of the Interior at the local level''.
(c) Monitoring Report.--Section 1265A of the Food Security Act of
1985 (16 U.S.C. 3865a) is amended by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively, and inserting after
paragraph (3) the following:
``(4) Monitoring report.--The term `monitoring report'
means a report, the contents of which are formulated and
prepared by the holder of an agricultural land easement, that
documents whether the land subject to the agricultural land
easement is in compliance with the terms and conditions of the
agricultural land easement.''.
SEC. 2603. AGRICULTURAL LAND EASEMENTS.
(a) Availability of Assistance.--Section 1265B(a)(2) of the Food
Security Act of 1985 (16 U.S.C. 3865b(a)(2)) is amended by striking
``provide for the conservation of natural resources pursuant to an
agricultural land easement plan'' and inserting ``implement the
program''.
(b) Cost-Share Assistance.--
(1) Scope of assistance available.--Section 1265B(b)(2) of
the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is
amended by striking subparagraphs (B) and (C) and inserting the
following:
``(B) Non-federal share.--An eligible entity may
use for any part of its share--
``(i) a cash contribution;
``(ii) a charitable donation or qualified
conservation contribution (as defined by
section 170(h) of the Internal Revenue Code of
1986) from the landowner from which the
agricultural land easement will be purchased;
or
``(iii) funding from a Federal source other
than the Department of Agriculture.
``(C) Grasslands exception.--In the case of
grassland of special environmental significance, as
determined by the Secretary, the Secretary may provide
an amount not to exceed 75 percent of the fair market
value of the agricultural land easement.''.
(2) Evaluation and ranking of applications.--Section
1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(3)) is amended by redesignating subparagraph (C) as
subparagraph (D) and inserting after subparagraph (B) the
following:
``(C) Accounting for geographic differences.--The
Secretary shall, in coordination with State technical
committees, adjust the criteria established under
subparagraph (A) to account for geographic differences
among States, if such adjustments--
``(i) meet the purposes of the program; and
``(ii) continue to maximize the benefit of
the Federal investment under the program.''.
(3) Agreements with eligible entities.--Section 1265B(b)(4)
of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(4)) is
amended--
(A) in subparagraph (C)--
(i) in clause (i), by inserting ``and the
agricultural use of the land that is subject to
the agricultural land easement'' after ``the
program''; and
(ii) by striking clauses (iii) and (iv) and
inserting the following:
``(iii) include a right of enforcement for
the Secretary that--
``(I) may be used only if the terms
and conditions of the easement are not
enforced by the eligible entity; and
``(II) does not extend to a right
of inspection unless the holder of the
easement fails to provide monitoring
reports in a timely manner;
``(iv) include a conservation plan only for
any portion of the land subject to the
agricultural land easement that is highly
erodible cropland; and'';
(B) in subparagraph (E)(ii), by inserting ``in the
case of fraud or gross negligence,'' before ``the
Secretary may require''; and
(C) by adding at the end the following:
``(F) Mineral development.--Upon request by an
eligible entity, the Secretary shall allow, under an
agreement under this subsection, mineral development on
land subject to the agricultural land easement, if the
Secretary determines that the mineral development--
``(i) has limited and localized effects;
``(ii) is not irremediably destructive of
significant conservation interests; and
``(iii) would not alter or affect the
topography or landscape.
``(G) Environmental services markets.--The
Secretary may not prohibit, through an agreement under
this subsection, an owner of land subject to the
agricultural land easement from participating in, and
receiving compensation from, an environmental services
market if a purpose of the market is the facilitation
of additional conservation benefits that are consistent
with the purposes of the program.''.
(4) Certification of eligible entities.--Section
1265B(b)(5) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(5)) is amended--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``; and''
and inserting a semicolon;
(ii) in clause (iii), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) allow a certified eligible entity to
use its own terms and conditions,
notwithstanding paragraph (4)(C), as long as
the terms and conditions are consistent with
the purposes of the program.''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) Certification criteria.--In order to be
certified, an eligible entity shall demonstrate to the
Secretary that the entity--
``(i) is a land trust that has--
``(I) been accredited by the Land
Trust Accreditation Commission, or by
an equivalent accrediting body (as
determined by the Secretary); and
``(II) acquired not fewer than five
agricultural land easements under the
program; or
``(ii) will maintain, at a minimum, for the
duration of the agreement--
``(I) a plan for administering
easements that is consistent with the
purpose of the program;
``(II) the capacity and resources
to monitor and enforce agricultural
land easements; and
``(III) policies and procedures to
ensure--
``(aa) the long-term
integrity of agricultural land
easements on land subject to
such easements;
``(bb) timely completion of
acquisitions of such easements;
and
``(cc) timely and complete
evaluation and reporting to the
Secretary on the use of funds
provided under the program.''.
(c) Technical Assistance.--Section 1265B(d) of the Food Security
Act of 1985 (16 U.S.C. 3865b(d)) is amended to read as follows:
``(d) Technical Assistance.--The Secretary may provide technical
assistance, if requested, to assist in compliance with the terms and
conditions of easements.''.
SEC. 2604. WETLAND RESERVE EASEMENTS.
Section 1265C(b)(5)(D)(i)(III) of the Food Security Act of 1985 (16
U.S.C. 3865c(b)(5)(D)(i)(III)) is amended by inserting after ``under
subsection (f)'' the following: ``or a grazing management plan that is
consistent with the wetland reserve easement plan and has been
reviewed, and modified as necessary, at least every five years''.
SEC. 2605. ADMINISTRATION.
(a) Ineligible Land.--Section 1265D(a)(4) of the Food Security Act
of 1985 (16 U.S.C. 3865d(a)(4)) is amended--
(1) by striking ``or off-site''; and
(2) by striking ``proposed or'' and inserting ``permitted
or''.
(b) Subordination, Exchange, Modification, and Termination.--
(1) Subordination and exchange.--Section 1265D(c)(1) of the
Food Security Act of 1985 (16 U.S.C. 3865d(c)(1)) is amended--
(A) in the paragraph heading, by striking ``In
general'' and inserting ``Subordination and exchange'';
(B) by striking ``subordinate, exchange, modify, or
terminate'' each place it appears and inserting
``subordinate or exchange''; and
(C) by striking ``subordination, exchange,
modification, or termination'' each place it appears
and inserting ``subordination or exchange''.
(2) Modification; termination.--Section 1265D(c) of the
Food Security Act of 1985 (16 U.S.C. 3865d(c)) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Modification.--
``(A) Authority.--The Secretary may modify any
interest in land, or portion of such interest,
administered by the Secretary, either directly or on
behalf of the Commodity Credit Corporation under the
program if the modification--
``(i) has a neutral effect on, or
increases, the conservation values;
``(ii) is consistent with the original
intent of the easement; and
``(iii) is consistent with the purposes of
the program.
``(B) Limitation.--In modifying an interest in
land, or portion of such interest, under this
paragraph, the Secretary may not increase any payment
to an eligible entity.
``(3) Termination.--The Secretary may terminate any
interest in land, or portion of such interest, administered by
the Secretary, either directly or on behalf of the Commodity
Credit Corporation under the program if--
``(A) the current owner of the land that is subject
to the easement and the holder of the easement agree to
the termination; and
``(B) the Secretary determines that the termination
would be in the public interest.''; and
(C) in paragraph (5) (as so redesignated), by
striking ``paragraph (1)'' and inserting ``paragraph
(3)''.
(c) Landowner Eligibility.--Section 1265D of the Food Security Act
of 1985 (16 U.S.C. 3865d) is amended by adding at the end the
following:
``(f) Landowner Eligibility.--The limitation described in paragraph
(1) of section 1001D(b) shall not apply to a landowner from which an
easement under the program is to be purchased with respect to any
benefit described in paragraph (2)(B) of such section related to the
purchase of such easement.''.
Subtitle G--Regional Conservation Partnership Program
SEC. 2701. DEFINITIONS.
(a) Covered Program.--Section 1271A(1) of the Food Security Act of
1985 (16 U.S.C. 3871a(1)) is amended--
(1) by striking subparagraph (C) and redesignating
subparagraph (D) as subparagraph (C); and
(2) by adding at the end the following:
``(D) The conservation reserve program established
under subchapter B of chapter 1 of subtitle D.
``(E) Programs provided for in the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001 et
seq.), other than section 14 of such Act (16 U.S.C.
1012).''.
(b) Eligible Activity.--Section 1271A(2) of the Food Security Act
of 1985 (16 U.S.C. 3871a(2)) is amended--
(1) in subparagraph (B), by inserting ``resource-conserving
crop rotations,'' before ``or dryland farming''; and
(2) by redesignating subparagraphs (C) through (J) as
subparagraphs (D) through (K), respectively, and inserting
after subparagraph (B) the following:
``(C) Protection of source waters for drinking
water.''.
SEC. 2702. REGIONAL CONSERVATION PARTNERSHIPS.
(a) Length.--Section 1271B(b) of the Food Security Act of 1985 (16
U.S.C. 3871b(b)) is amended to read as follows:
``(b) Length.--A partnership agreement, including a renewal of a
partnership agreement under subsection (d)(5), shall be--
``(1) for a period not to exceed 5 years, which period the
Secretary may extend one time for up to 12 months; or
``(2) for a period that is longer than 5 years, if such
longer period is necessary to meet the objectives of the
program, as determined by the Secretary.''.
(b) Duties of Partners.--Section 1271B(c)(1)(E) of the Food
Security Act of 1985 (16 U.S.C. 3871b(c)(1)(E)) is amended by inserting
``, including quantification of the project's environmental outcomes''
before the semicolon.
(c) Applications.--Section 1271B(d) of the Food Security Act of
1985 (16 U.S.C. 3871b(d)) is amended--
(1) in paragraph (1), by inserting ``simplified'' before
``competitive process to select''; and
(2) by adding at the end the following:
``(5) Renewals.--If a project that is the subject of a
partnership agreement has met or exceeded the objectives of the
project, as determined by the Secretary, the eligible partners
may submit, through an expedited program application process,
an application to--
``(A) continue to implement the project under a
renewal of the partnership agreement; or
``(B) expand the scope of the project under a
renewal of the partnership agreement.''.
SEC. 2703. ASSISTANCE TO PRODUCERS.
Section 1271C(c) of the Food Security Act of 1985 (16 U.S.C.
3871c(c)) is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``a period of 5 years'' and inserting ``the
applicable period under section 1271B(b)''; and
(2) in paragraph (3), by striking ``the Secretary may waive
the applicability of the limitation in section 1001D(b)(2) of
this Act for participating producers'' and inserting
``notwithstanding the requirements of paragraph (3) of section
1001D(b), the Secretary may waive the applicability of the
limitation in paragraph (2) of such section, and any limitation
on the maximum amount of payments related to the covered
programs, for participating producers''.
SEC. 2704. FUNDING.
Section 1271D(a) of the Food Security Act of 1985 (16 U.S.C.
3871d(a)) is amended to read as follows:
``(a) Availability of Funds.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use, to carry out the program--
``(1) $100,000,000 for each of fiscal years 2014 through
2018; and
``(2) $250,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 2705. ADMINISTRATION.
Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) is
amended--
(1) by redesignating subsection (b) as subsection (c) and
inserting after subsection (a) the following:
``(b) Guidance.--The Secretary shall provide eligible partners and
producers participating in the partnership agreements with guidance on
how to quantify and report on environmental outcomes associated with
the adoption of conservation practices under the program.''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4)(C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) the progress that eligible partners and producers
participating in the partnership agreements are making in
quantifying and reporting on environmental outcomes associated
with the adoption of conservation practices under the
program.''.
SEC. 2706. CRITICAL CONSERVATION AREAS.
Section 1271F(c) of the Food Security Act of 1985 (16 U.S.C.
3871f(c)) is amended by striking paragraph (3).
Subtitle H--Repeals and Transitional Provisions; Technical Amendments
SEC. 2801. REPEAL OF CONSERVATION SECURITY AND CONSERVATION STEWARDSHIP
PROGRAMS.
(a) Repeal.--Except as provided in subsection (b), chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3838d et seq.) is repealed.
(b) Transitional Provisions for Conservation Stewardship Program.--
(1) Effect on existing contracts.--The amendment made by
this section shall not affect the validity or terms of any
contract entered into by the Secretary of Agriculture under
subchapter B of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838d et seq.) before the
date of enactment of this Act, or any payments required to be
made in connection with the contract.
(2) No renewals.--Notwithstanding paragraph (1), the
Secretary may not renew a contract described in such paragraph.
SEC. 2802. REPEAL OF TERMINAL LAKES ASSISTANCE.
Section 2507 of the Farm Security and Rural Investment Act of 2002
(16 U.S.C. 3839bb-6) is repealed.
SEC. 2803. TECHNICAL AMENDMENTS.
(a) Delineation of Wetlands; Exemptions.--Section 1222(j) of the
Food Security Act of 1985 (16 U.S.C. 3822(j)) is amended by striking
``National Resources Conservation Service'' and inserting ``Natural
Resources Conservation Service''.
(b) Delivery of Technical Assistance.--Section 1242 of the Food
Security Act of 1985 (16 U.S.C. 3842) is amended by striking ``third
party'' each place it appears and inserting ``third-party''.
(c) Administrative Requirements for Conservation Programs.--Section
1244(b)(4)(B) of the Food Security Act of 1985 (16 U.S.C.
3844(b)(4)(B)) is amended by striking ``General Accounting Office'' and
inserting ``General Accountability Office''.
(d) Watershed Protection and Flood Prevention Act.--Section 5(4) of
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1005(4))
is amended--
(1) by striking ``goodwater'' and inserting ``floodwater'';
and
(2) by striking ``Secretary of Health, Education, and
Welfare'' each place it appears and inserting ``Secretary of
Health and Human Services''.
TITLE III--TRADE
Subtitle A--Food for Peace Act
SEC. 3001. FINDINGS.
(a) Findings.--Congress finds the following:
(1) The United States has long been the world's largest
donor of international food assistance.
(2) American farmers have been instrumental in the success
of United States international food assistance programs by
providing an affordable, safe, and reliable source of
nutritious agricultural commodities.
(3) Through the efforts of the United States maritime
industry and private voluntary organizations, agricultural
commodities grown in the United States have been delivered to
millions of people in need around the globe.
(4) The United States should continue to use its abundant
agricultural productivity to promote the foreign policy of the
United States by enhancing the food security of the developing
world through the timely provision of agricultural commodities.
SEC. 3002. LABELING REQUIREMENTS.
Subsection (g) of section 202 of the Food for Peace Act (7 U.S.C.
1722) is amended to read as follows:
``(g) Labeling of Assistance.--Agricultural commodities and other
assistance provided under this title shall, to the extent practicable,
be clearly identified with appropriate markings on the package or
container of such commodities and food procured outside of the United
States, or on printed material that accompanies other assistance, in
the language of the locality in which such commodities and other
assistance are distributed, as being furnished by the people of the
United States of America.''.
SEC. 3003. FOOD AID QUALITY ASSURANCE.
Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 3004. LOCAL SALE AND BARTER OF COMMODITIES.
Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended--
(1) in subsection (a), by inserting ``to generate proceeds
to be used as provided in this section'' before the period at
the end;
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 3005. MINIMUM LEVELS OF ASSISTANCE.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is
amended in paragraphs (1) and (2) by striking ``2018'' both places it
appears and inserting ``2023''.
SEC. 3006. EXTENSION OF TERMINATION DATE OF FOOD AID CONSULTATIVE
GROUP.
Section 205(f) of the Food for Peace Act (7 U.S.C. 1725(f)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3007. ISSUANCE OF REGULATIONS.
Section 207(c)(1) of the Food for Peace Act (7 U.S.C. 1726a(c)(1))
is amended by striking ``the Agricultural Act of 2014''and inserting
``the Agriculture and Nutrition Act of 2018''.
SEC. 3008. FUNDING FOR PROGRAM OVERSIGHT, MONITORING, AND EVALUATION.
Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4))
is amended--
(1) in subparagraph (A)--
(A) by striking ``$17,000,000'' and inserting ``1.5
percent''; and
(B) by striking ``2014 through 2018'' the first
place it appears and inserting ``2019 through 2023'';
and
(C) by striking ``2018'' the second place it
appears and inserting ``2023''; and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``2018'' and
inserting ``2023''; and
(B) in clause (ii), by striking ``chapter 1 of part
I of''.
SEC. 3009. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE PREPACKAGED
FOODS.
Section 208 the Food for Peace Act (7 U.S.C. 1726b) is amended--
(1) by amending the section heading to read as follows:
``international food relief partnership''; and
(2) in subsection (f), by striking ``2018'' and inserting
``2023''.
SEC. 3010. CONSIDERATION OF IMPACT OF PROVISION OF AGRICULTURAL
COMMODITIES AND OTHER ASSISTANCE ON LOCAL FARMERS AND
ECONOMY.
(a) Inclusion of All Modalities.--Section 403(a) of the Food for
Peace Act (7 U.S.C. 1733(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
food procured outside of the United States, food voucher, or
cash transfer for food,'' after ``agricultural commodity'';
(2) in paragraph (1), by inserting ``in the case of the
provision of an agricultural commodity,'' before ``adequate'';
and
(3) in paragraph (2), by striking ``commodity'' and
inserting ``agricultural commodity or use of the food procured
outside of the United States, food vouchers, or cash transfers
for food''.
(b) Avoidance of Disruptive Impact.--Section 403(b) of the Food for
Peace Act (7 U.S.C. 1733(b)) is amended--
(1) in the first sentence, by inserting ``, food procured
outside of the United States, food vouchers, and cash transfers
for food'' after ``agricultural commodities''; and
(2) in the second sentence, by striking ``of sales of
agricultural commodities''.
SEC. 3011. PREPOSITIONING OF AGRICULTURAL COMMODITIES.
Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C.
1736a(c)(4)(A)) is amended by striking ``2018'' each place it appears
and inserting ``2023''.
SEC. 3012. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND ACTIVITIES.
(a) In General.--Section 407(f) of the Food for Peace Act (7 U.S.C.
1736a(f)(1)) is amended to read as follows:
``(f) Annual Report Regarding Food Aid Programs and Activities.--
``(1) In general.--Not later than April 1 of each fiscal
year, the Administrator and the Secretary shall prepare, either
jointly or separately, a report regarding each program and
activity carried out under this Act during the prior fiscal
year. If the report for a fiscal year will not be submitted to
the appropriate committees of Congress by the date specified in
this subparagraph, the Administrator and the Secretary shall
promptly notify such committees about the delay, including the
reasons for the delay, the steps being taken to complete the
report, and an estimated submission date.
``(2) Contents.--An annual report described in paragraph
(1) shall include, with respect to the prior fiscal year, the
following:
``(A) A list that contains a description of each
country and organization that receives food and other
assistance under this Act (including the quantity of
food and assistance provided to each country and
organization).
``(B) A general description of each project and
activity implemented under this Act (including each
activity funded through the use of local currencies)
and the total number of beneficiaries of the project.
``(C) A statement describing the quantity of
agricultural commodities made available to, and the
total number of beneficiaries in, each country pursuant
to--
``(i) this Act;
``(ii) section 416(b) of the Agricultural
Act of 1949 (7 U.S.C. 1431(b));
``(iii) the Food for Progress Act of 1985
(7 U.S.C. 1736o); and
``(iv) the McGovern-Dole International Food
for Education and Child Nutrition Program
established by section 3107 of the Farm
Security and Rural Investment Act of 2002 (7
U.S.C. 1736o-1).
``(D) An assessment of the progress made through
programs under this Act towards reducing food
insecurity in the populations receiving food assistance
from the United States.
``(E) A description of efforts undertaken by the
Food Aid Consultative Group under section 205 to
achieve an integrated and effective food assistance
program.
``(F) An assessment of--
``(i) each program oversight, monitoring,
and evaluation system implemented under section
207(f); and
``(ii) the impact of each program
oversight, monitoring, and evaluation system on
the effectiveness and efficiency of assistance
provided under this title.
``(G) An assessment of the progress made by the
Administrator in addressing issues relating to quality
with respect to the provision of food assistance.
``(H) A statement of the amount of funds (including
funds for administrative costs, indirect cost recovery,
internal transportation, storage and handling, and
associated distribution costs) provided to each
eligible organization that received assistance under
this Act, that further describes the following:
``(i) How such funds were used by the
eligible organization.
``(ii) The actual rate of return for each
commodity made available under this Act,
including factors that influenced the rate of
return, and, for the commodity, the costs of
bagging or further processing, ocean
transportation, inland transportation in the
recipient country, storage costs, and any other
information that the Administrator and the
Secretary determine to be necessary.
``(iii) For each instance in which a
commodity was made available under this Act at
a rate of return less than 70 percent, the
reasons for the rate of return realized.
``(I) For funds expended for the purposes of
section 202(e), 406(b)(6), and 407(c)(1)(B), a detailed
accounting of the expenditures and purposes of such
expenditures with respect to each section.
``(3) Rate of return described.--For purposes of applying
subparagraph (H), the rate of return for a commodity shall be
equal to the proportion that--
``(A) the proceeds the implementing partners
generate through monetization; bears to
``(B) the cost to the Federal Government to procure
and ship the commodity to a recipient country for
monetization.''.
(b) Conforming Repeal.--Subsection (m) of section 403 of the Food
for Peace Act (7 U.S.C. 1733) is repealed.
SEC. 3013. DEADLINE FOR AGREEMENTS TO FINANCE SALES OR TO PROVIDE OTHER
ASSISTANCE.
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended
by striking ``2018'' and inserting ``2023''.
SEC. 3014. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.
Subsection (e) of section 412 of the Food for Peace Act (7 U.S.C.
1736f) is amended to read as follows:
``(e) Minimum Level of Nonemergency Food Assistance.--
``(1) In general.--For each of fiscal years 2019 through
2023, not less than $365,000,000 of the amounts made available
to carry out emergency and nonemergency food assistance
programs under title II, nor more than 30 percent of such
amounts, shall be expended for nonemergency food assistance
programs under such title.
``(2) Community development funds.--Funds appropriated each
year to carry out part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) that are made available through grants
or cooperative agreements to strengthen food security in
developing countries and that are consistent with section
202(e)(1)(C) may be deemed to be expended on nonemergency food
assistance programs for purposes of this section.''.
SEC. 3015. TERMINATION DATE FOR MICRONUTRIENT FORTIFICATION PROGRAMS.
Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g-2(c)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3016. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER PROGRAM.
(a) Statement of Policy.--
(1) In general.--It is in the national interests of the
United States to advance food security in developing countries
and open new markets for agricultural trade through programs
that leverage the unique capabilities of Federal departments
and agencies, and improve coordination between donors,
beneficiaries, and the private sector.
(2) Role of department of agriculture.--The Department of
Agriculture plays an important role in establishing trade
between the United States and other nations and should enhance
its role in facilitating the transfer of the knowledge, skills,
and experience of American farmers, land-grant universities,
and extension services through the John Ogonowski and Doug
Bereuter Farmer-To-Farmer Program under title V of the Food for
Peace Act (7 U.S.C. 1737).
(b) Clarification of Nature of Assistance.--Section 501(b)(1) of
the Food for Peace Act (7 U.S.C. 1737(b) is amended--
(1) in paragraph (1) by inserting ``technical'' before
``assistance''; and
(2) in paragraph (2)(A)--
(A) by striking ``; and'' at the end of clause
(viii); and
(B) by striking clause (ix) and inserting the
following:
``(ix) agricultural education and
extension;
``(x) selection of seed varieties and plant
stocks;
``(xi) knowledge of insecticide and
sanitation procedures to prevent crop
destruction;
``(xii) use and maintenance of agricultural
equipment and irrigation systems; and
``(xiii) selection of fertilizers and
methods of soils treatment; and''.
(c) Eligible Participants.--Section 501(b)(2) of the Food for Peace
Act (7 U.S.C. 1737(b)(2)) is amended by inserting ``retired extension
staff of the Department of Agriculture,'' after ``private
corporations,''.
(d) Additional Purpose.--Section 501(b) of the Food for Peace Act
(7 U.S.C. 1737(b)) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) foster appropriate investments in institutional
capacity-building and allow longer-term and sequenced
assignments and partnerships to provide deeper engagement and
greater continuity on such projects; and''.
(e) Minimum Funding.--Subsection (d) of section 501 of the Food for
Peace Act (7 U.S.C. 1737) is amended to read as follows:
``(d) Minimum Funding.--
``(1) In general.--Notwithstanding any other provision of
law, in addition to any funds that may be specifically
appropriated to carry out this section, not less than the
greater of $15,000,000 or 0.6 percent of the amounts made
available for each of fiscal years 2014 through 2023, to carry
out this Act shall be used to carry out programs under this
section, of which--
``(A) not less than 0.2 percent to be used for
programs in developing countries; and
``(B) not less than 0.1 percent to be used for
programs in sub-Saharan African and Caribbean Basin
countries.
``(2) Treatment of expenditures.--Funds used to carry out
programs under this section shall be counted towards the
minimum level of nonemergency food assistance specified in
section 412(e).''.
(f) Authorization of Appropriations.--Section 501(e)(1) of the Food
for Peace Act (7 U.S.C. 1737(e)(1)) is amended in by striking ``2018''
and inserting ``2023''.
(g) Crop Yields and Innovative Partnerships.--Section 501 of the
Food for Peace Act (7 U.S.C. 1737) is amended by adding at the end the
following:
``(f) Establishment of a Geographically Defied Crop Yield
Metrics.--The Secretary of Agriculture, in cooperation with the
Administrator of the Agency for International Development, should--
``(1) establish a geographically defined crop yield metrics
system to assess improvements in crop yields in countries and
areas receiving assistance under this title; and
``(2) store the data resulting from such geographically
defined crop yield metrics system in a publicly available
Internet database system.
``(g) Grant Program to Create New Partners and Innovation.--
``(1) In general.--The Administrator of the Agency for
International Development shall develop a grant program for
fiscal years 2019 through 2023 to facilitate new and innovative
partnerships and activities under this title.
``(2) Use of funds.--Grant recipients under this subsection
shall use such funds--
``(A) to prioritize new implementing partners;
``(B) on innovative volunteer models;
``(C) on strategic partnerships with other United
States development programs; and
``(D) on expanding the footprint and impact of the
programs and activities under this title, and diversity
among program participants, including land grant
colleges or universities and extension services.
``(h) Appropriations.--None of the amounts made available to carry
out this title may be used to carry out subsections (f) and (g) of this
section except to the extent that such subsections are carried out
using authorities otherwise provided by this title.''.
Subtitle B--Agricultural Trade Act of 1978
SEC. 3101. FINDINGS.
Congress finds the following:
(1) United States export development programs significantly
increase demand for United States agriculture products within
foreign markets, boosting agricultural export volume and
overall farm income, and generating a net return of $28 in
added export revenue for each invested program dollar.
(2) Our global competitors provide substantially more
public support for export promotion than is provided to United
States agricultural exporters. The Market Access Program and
Foreign Market Development Program receive combined annual
funding of approximately $234,500,000. In comparison, the
European Union allocates $255,000,000 annually for the
international promotion of wine alone.
(3) The preservation and streamlining of United States
export market development programs complements the recent
reorganization within the Department of Agriculture by ensuring
the newly established Under Secretary for Trade and Foreign
Agricultural Affairs has the tools necessary to enhance the
competitiveness of the United States agricultural industry on
the global stage.
SEC. 3102. CONSOLIDATION OF CURRENT PROGRAMS AS NEW INTERNATIONAL
MARKET DEVELOPMENT PROGRAM.
(a) International Market Development Program.--Section 205 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5625) is amended to read as
follows:
``SEC. 205. INTERNATIONAL MARKET DEVELOPMENT PROGRAM.
``(a) Program Required.--The Secretary and the Commodity Credit
Corporation shall establish and carry out a program, to be known as the
`International Market Development Program', to encourage the
development, maintenance, and expansion of commercial export markets
for United States agricultural commodities.
``(b) Market Access Program Component.--
``(1) In general.--As one of the components of the
International Market Development Program, the Commodity Credit
Corporation shall carry out a program to encourage the
development, maintenance, and expansion of commercial export
markets for United States agricultural commodities through
cost-share assistance to eligible trade organizations that
implement a foreign market development program.
``(2) Types of assistance.--Assistance under this
subsection may be provided in the form of funds of, or
commodities owned by, the Commodity Credit Corporation, as
determined appropriate by the Secretary.
``(3) Participation requirements.--
``(A) Marketing plan and other requirements.--To be
eligible for cost-share assistance under this
subsection, an eligible trade organization shall--
``(i) prepare and submit a marketing plan
to the Secretary that meets the guidelines
governing such a marketing plan specified in
this paragraph or otherwise established by the
Secretary;
``(ii) meet any other requirements
established by the Secretary; and
``(iii) enter into an agreement with the
Secretary.
``(B) Purpose of marketing plan.--A marketing plan
submitted under this paragraph shall describe the
advertising or other market oriented export promotion
activities to be carried out by the eligible trade
organization with respect to which assistance under
this subsection is being requested.
``(C) Specific elements.--To be approved by the
Secretary, a marketing plan submitted under this
paragraph shall--
``(i) specifically describe the manner in
which assistance received by the eligible trade
organization, in conjunction with funds and
services provided by the eligible trade
organization, will be expended in implementing
the marketing plan;
``(ii) establish specific market goals to
be achieved under the marketing plan; and
``(iii) contain whatever additional
requirements are determined by the Secretary to
be necessary.
``(D) Branded promotion.--A marketing plan approved
by the Secretary may provide for the use of branded
advertising to promote the sale of United States
agricultural commodities in a foreign country under
such terms and conditions as may be established by the
Secretary.
``(E) Amendments.--An approved marketing plan may
be amended by the eligible trade organization at any
time, subject to the approval by the Secretary of the
amendments.
``(4) Level of assistance and cost-share requirements.--
``(A) In general.--The Secretary shall justify in
writing the level of assistance to be provided to an
eligible trade organization under this subsection and
the level of cost sharing required of the organization.
``(B) Limitation on branded promotion.--Assistance
provided under this subsection for activities described
in paragraph (3)(D) shall not exceed 50 percent of the
cost of implementing the marketing plan, except that
the Secretary may determine not to apply such
limitation in the case of United States agricultural
commodities with respect to which there has been a
favorable decision by the United States Trade
Representative under section 301 of the Trade Act of
1974 (19 U.S.C. 2411). Criteria used by the Secretary
for determining that the limitation shall not apply
shall be consistent and documented.
``(5) Other terms and conditions.--
``(A) Multi-year basis.--The Secretary may provide
assistance under this subsection on a multi-year basis,
subject to annual review by the Secretary for
compliance with the approved marketing plan.
``(B) Termination of assistance.--The Secretary may
terminate any assistance made, or to be made, available
under this subsection if the Secretary determines
that--
``(i) the eligible trade organization is
not adhering to the terms and conditions
applicable to the provision of the assistance;
``(ii) the eligible trade organization is
not implementing the approved marketing plan or
is not adequately meeting the established goals
of the plan;
``(iii) the eligible trade organization is
not adequately contributing its own resources
to the implementation of the plan; or
``(iv) the Secretary determines that
termination of assistance in a particular
instance is in the best interests of the
program.
``(C) Evaluations.--Beginning not later than 15
months after the initial provision of assistance under
this subsection to an eligible trade organization, the
Secretary shall monitor the expenditures by the
eligible trade organization of such assistance,
including the following:
``(i) An evaluation of the effectiveness of
the marketing plan of the eligible trade
organization in developing or maintaining
markets for United States agricultural
commodities.
``(ii) An evaluation of whether assistance
provided under this subsection is necessary to
maintain such markets.
``(iii) A thorough accounting of the
expenditure by the eligible trade organization
of the assistance provided under this
subsection.
``(6) Restrictions on use of funds.--Assistance provided
under this subsection to an eligible trade organization shall
not be used--
``(A) to provide direct assistance to any foreign
for-profit corporation for the corporation's use in
promoting foreign-produced products; or
``(B) to provide direct assistance to any for-
profit corporation that is not recognized as a small
business concern, excluding a cooperative, an
association described in the first section of the Act
entitled `An Act To authorize association of producers
of agricultural products', approved February 18, 1922
(7 U.S.C. 291), or a nonprofit trade association.
``(7) Permissive use of funds.--Assistance provided under
this subsection to a United States agricultural trade
association, cooperative, or small business may be used for
individual branded promotional activity related to a United
States branded product, if the beneficiaries of the activity
have provided funds for the activity in an amount that is at
least equivalent to the amount of assistance provided under
this subsection.
``(8) Program considerations and priorities.--In providing
assistance under this subsection, the Secretary, to the maximum
extent practicable, shall--
``(A) give equal consideration to--
``(i) proposals submitted by organizations
that were participating organizations in prior
fiscal years; and
``(ii) proposals submitted by eligible
trade organizations that have not previously
participated in the program established under
this title;
``(B) give equal consideration to--
``(i) proposals submitted for activities in
emerging markets; and
``(ii) proposals submitted for activities
in markets other than emerging markets.
``(9) Priority.--In providing assistance for branded
promotion, the Secretary should give priority to small-sized
entities.
``(10) Contribution level.--
``(A) In general.--The Secretary should require a
minimum contribution level of 10 percent from an
eligible trade organization that receives assistance
for nonbranded promotion.
``(B) Increases in contribution level.--The
Secretary may increase the contribution level in any
subsequent year that an eligible trade organization
receives assistance for nonbranded promotion.
``(11) Additionality.--The Secretary should require each
participant in the program to certify that any Federal funds
received supplement, but do not supplant, private or third
party participant funds or other contributions to program
activities.
``(12) Independent audits.--If as a result of an evaluation
or audit of activities of a participant under the program, the
Secretary determines that a further review is justified in
order to ensure compliance with the requirements of the
program, the Secretary should require the participant to
contract for an independent audit of the program activities,
including activities of any subcontractor.
``(13) Tobacco.--No funds made available under the market
promotion program may be used for activities to develop,
maintain, or expand foreign markets for tobacco.
``(c) Foreign Market Development Cooperator Component.--
``(1) In general.--As one of the components of the
International Market Development Program, the Secretary shall
carry out a foreign market development cooperator program to
maintain and develop foreign markets for United States
agricultural commodities.
``(2) Cooperation.--The Secretary shall carry out the
foreign market development cooperator program in cooperation
with eligible trade organizations.
``(3) Administration.--Funds made available to carry out
the foreign market development cooperator program shall be used
only to provide--
``(A) cost-share assistance to an eligible trade
organization under a contract or agreement with the
organization; and
``(B) assistance for other costs that are necessary
or appropriate to carry out the foreign market
development cooperator program, including contingent
liabilities that are not otherwise funded.
``(4) Program considerations.--In providing assistance
under this subsection, the Secretary, to the maximum extent
practicable, shall--
``(A) give equal consideration to--
``(i) proposals submitted by eligible trade
organizations that were participating
organizations in the foreign market development
cooperator program in prior fiscal years; and
``(ii) proposals submitted by eligible
trade organizations that have not previously
participated in the foreign market development
cooperator program; and
``(B) give equal consideration to--
``(i) proposals submitted for activities in
emerging markets; and
``(ii) proposals submitted for activities
in markets other than emerging markets.
``(d) Technical Assistance for Specialty Crops Component.--
``(1) In general.--As one of the components of the
International Market Development Program, the Secretary shall
carry out an export assistance program to address existing or
potential barriers that prohibit or threaten the export of
United States specialty crops.
``(2) Purpose.--The export assistance program required by
this subsection shall provide direct assistance through public
and private sector projects and technical assistance to remove,
resolve, or mitigate existing or potential sanitary and
phytosanitary and technical barriers to trade.
``(3) Priority.--The export assistance program required by
this subsection shall address time sensitive and strategic
market access projects based on--
``(A) trade effect on market retention, market
access, and market expansion; and
``(B) trade impact.
``(4) Annual report.--The Secretary shall submit to the
appropriate committees of Congress an annual report that
contains, for the period covered by the report, a description
of each factor that affects the export of specialty crops,
including each factor relating to any significant sanitary or
phytosanitary issue or trade barrier.
``(e) E. (Kika) De La Garza Emerging Markets Program Component.--
``(1) In general.--
``(A) Establishment of program.--The Secretary, in
order to develop, maintain, or expand export markets
for United States agricultural commodities, is
directed--
``(i) to make available to emerging markets
the expertise of the United States to make
assessments of the food and rural business
systems needs of such emerging markets;
``(ii) to make recommendations on measures
necessary to enhance the effectiveness of the
systems, including potential reductions in
trade barriers; and
``(iii) to identify and carry out specific
opportunities and projects to enhance the
effectiveness of those systems.
``(B) Extent of program.--The Secretary shall
implement this paragraph with respect to at least 3
emerging markets in each fiscal year.
``(2) Implementation of program.--The Secretary may
implement the requirements of paragraph (1)--
``(A) by providing assistance to teams consisting
primarily of agricultural consultants, farmers, other
persons from the private sector and government
officials expert in assessing the food and rural
business systems of other countries to enable such
teams to conduct the assessments, make the
recommendations, and identify the opportunities and
projects specified in such paragraph in emerging
markets; and
``(B) by providing for necessary subsistence and
transportation expenses of--
``(i) United States food and rural business
system experts, including United States
agricultural producers and other United States
individuals knowledgeable in agricultural and
agribusiness matters, to enable such United
States food and rural business system experts
to assist in transferring knowledge and
expertise to entities in emerging markets; and
``(ii) individuals designated by emerging
markets to enable such designated individuals
to consult with such United States experts to
enhance food and rural business systems of such
emerging markets and to transfer knowledge and
expertise to such emerging markets.
``(3) Cost-sharing.--The Secretary shall encourage the
nongovernmental experts described in paragraph (2) to share the
costs of, and otherwise assist in, the participation of such
experts in the program under this paragraph.
``(4) Technical assistance.--The Secretary is authorized to
provide, or pay the necessary costs for, technical assistance
(including the establishment of extension services) necessary
to enhance the effectiveness of food and rural business systems
needs of emerging markets, including potential reductions in
trade barriers.
``(5) Reports to secretary.--A team that receives
assistance under paragraph (2) shall prepare such reports with
respect to the use of such assistance as the Secretary may
require.
``(f) Definitions.--In this section:
``(1) Eligible trade organization.--
``(A) Market access program component.--In
subsection (b), the term `eligible trade organization'
means--
``(i) a United States agricultural trade
organization or regional State-related
organization that promotes the export and sale
of United States agricultural commodities and
that does not stand to profit directly from
specific sales of United States agricultural
commodities;
``(ii) a cooperative organization or State
agency that promotes the sale of United States
agricultural commodities; or
``(iii) a private organization that
promotes the export and sale of United States
agricultural commodities if the Secretary
determines that such organization would
significantly contribute to United States
export market development.
``(B) Foreign market development cooperator
component.--In subsection (c), the term `eligible trade
organization'' means a United States trade organization
that--
``(i) promotes the export of one or more
United States agricultural commodities; and
``(ii) does not have a business interest in
or receive remuneration from specific sales of
United States agricultural commodities.
``(2) Emerging market.--The term `emerging market' means
any country that the Secretary determines--
``(A) is taking steps toward a market-oriented
economy through the food, agriculture, or rural
business sectors of the economy of the country; and
``(B) has the potential to provide a viable and
significant market for United States agricultural
commodities.
``(3) Small-business concern.--The term `small-business
concern' has the meaning given that term in section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
``(4) United states agricultural commodity.--The term
`United States agricultural commodity' has the meaning given
the term in section 102 of the Agriculture Trade Act of 1978 (7
U.S.C. 5602) and includes commodities that are organically
produced (as defined in section 2103 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6502)).''.
(b) Funding Provision.--Subsection (c) of section 211 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended to read as
follows:
``(c) International Market Development Program.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available for the
International Market Development Program under section 205
$255,000,000 for each of the fiscal years 2019 through 2023.
Such amounts shall remain available until expended.
``(2) Set-asides.--
``(A) Market access program component.--Of the
funds made available under paragraph (1) for a fiscal
year, not less than $200,000,000 shall be used for the
market access program component of the International
Market Development Program under subsection (b) of
section 205.
``(B) Foreign market development cooperator
component.--Of the funds made available under paragraph
(1) for a fiscal year, not less than $34,500,000 shall
be used for the foreign market development cooperator
component of the International Market Development
Program under subsection (c) of section 205.
``(C) Technical assistance for specialty crops
component.--Of the funds made available under paragraph
(1) for a fiscal year, not more than $9,000,000, shall
be used for the specialty crops component of the
International Market Development Program under
subsection (d) of section 205.
``(D) Agricultural exports to emerging markets
component.--Of the funds made available under paragraph
(1) for a fiscal year, not more than $10,000,000 shall
be used to promote agricultural exports to emerging
markets under the International Market Development
Program under subsection (e) of section 205.''.
(c) Repeal of Superseded Programs.--
(1) Market access program.--Section 203 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5623) is repealed.
(2) Promotional assistance.--Section 1302 of the Omnibus
Budget Reconciliation Act of 1993 is repealed.
(3) Foreign market development cooperator program.--Title
VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721-5723)
is repealed.
(4) Export assistance program for specialty crops.--Section
3205 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 5680) is repealed.
(5) Emerging markets program.--Section 1542 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622
note; Public Law 101-624) is amended by striking subsection (d)
and by redesignating subsection (e) and (f) as subsections (d)
and (e), respectively.
(d) Conforming Amendments.--
(1) Agricultural trade act of 1978.--The Agricultural Trade
Act of 1978 is amended--
(A) in section 202 (7 U.S.C. 5622), by adding at
the end the following new subsection:
``(k) Combination of Programs.--The Commodity Credit Corporation
may carry out a program under which commercial export credit guarantees
available under this section are combined with direct credits from the
Commodity Credit Corporation under section 201 to reduce the effective
rate of interest on export sales of United States agricultural
commodities.''; and
(B) in section 402(a)(1) (7 U.S.C. 5662(a)(1)), by
striking ``203'' and inserting ``205(b)''.
(2) Agricultural marketing act of 1946.--Section
282(f)(2)(C) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1638a(f)(2)(C)) is amended by striking ``section 203 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5623)'' and
inserting ``section 205 of the Agricultural Trade Act of
1978''.
(3) Food, agriculture, conservation, and trade act of
1990.--Section 1543(b)(5) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is
amended by striking ``1542(f)'' and inserting ``1542(e)''.
Subtitle C--Other Agricultural Trade Laws
SEC. 3201. LOCAL AND REGIONAL FOOD AID PROCUREMENT PROJECTS.
Section 3206(e)(1) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 1726c(e)(1)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 3202. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS.
Section 1542(a) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 3203. BILL EMERSON HUMANITARIAN TRUST ACT.
Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1) is amended--
(1) in subsection (b)(2)(B)(i), by striking ``2018'' each
place it appears and inserting ``2023''; and
(2) in subsection (h), by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 3204. FOOD FOR PROGRESS ACT OF 1985.
(a) Extension.--Section 1110 of the Food Security Act of 1985 (also
known as the Food for Progress Act of 1985; 7 U.S.C. 1736o) is
amended--
(1) in subsection (f)(3), by striking ``2018'' and
inserting ``2023'';
(2) in subsection (g), by striking ``2018'' and inserting
``2023'';
(3) in subsection (k), by striking ``2018'' and inserting
``2023''; and
(4) in subsection (l)(1), by striking ``2018'' and
inserting ``2023''.
(b) Eligible Entities.--Section 1110(b)(5) of the Food Security Act
of 1985 (also known as the Food for Progress Act of 1985; 7 U.S.C.
1736o(b)(5)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) a college or university (as such terms are
defined in section 1404(4) of the Food and Agriculture
Act of 1977 (7 U.S.C. 3103(4)); and''.
(c) Private Voluntary Organizations and Other Private Entities.--
Section 1110(o) of the Food Security Act of 1985 is amended in
paragraph (1) by striking ``(F)'' and inserting ``(G)''.
SEC. 3205. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM.
(a) Consideration of Proposals.--Section 3107(f)(1)(B) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(f)(1)(B))
is amended by inserting before the semicolon the following: ``and, to
the extent practicable, that assistance will be provided on a timely
basis so as to coincide with the beginning of and when needed during
the relevant school year''.
(b) Authorization of Appropriations.--Section 3107(l)(2) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(2))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 3206. COCHRAN FELLOWSHIP PROGRAM.
(a) Authorized Locations for Training.--Section 1543(a) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
3293(a)) is amended by striking ``for study in the United States.'' and
inserting the following: ``for study--
``(1) in the United States; or
``(2) at a college or university located in an eligible
country that the Secretary determines--
``(A) has sufficient scientific and technical
facilities;
``(B) has established a partnership with at least
one college or university in the United States; and
``(C) has substantial participation by faculty
members of the United States college or university in
the design of the fellowship curriculum and classroom
instruction under the fellowship.''.
(b) Fellowship Purposes.--Section 1543(c)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(c)(2))
is amended by inserting before the period at the end the following: ``,
including trade linkages involving regulatory systems governing
sanitary and phyto-sanitary standards for agricultural products''.
SEC. 3207. BORLAUG FELLOWSHIP PROGRAM.
Section 1473G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended to read as
follows:
``SEC. 1473G. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND TECHNOLOGY
FELLOWSHIP PROGRAM.
``(a) Fellowship Program.--
``(1) Establishment.--The Secretary shall establish a
fellowship program, to be known as the `Borlaug International
Agricultural Science and Technology Fellowship Program'.
``(2) Fellowships to individuals from eligible countries.--
As part of the fellowship program, the Secretary shall provide
fellowships to individuals from eligible countries as described
in subsection (b) who specialize in agricultural education,
research, and extension for scientific training and study
designed to assist individual fellowship recipients, including
the following 3 programs:
``(A) A graduate studies program in agriculture to
assist individuals who participate in graduate
agricultural degree training at a United States
institution.
``(B) An individual career improvement program to
assist agricultural scientists from developing
countries in upgrading skills and understanding in
agricultural science and technology.
``(C) A Borlaug agricultural policy executive
leadership course to assist senior agricultural policy
makers from eligible countries, with an initial focus
on individuals from sub-Saharan Africa and the
independent states of the former Soviet Union.
``(3) Fellowships to united states citizens.--As part of
the fellowship program, the Secretary shall provide fellowships
to citizens of the United States to assist eligible countries
in developing school-based agricultural education and youth
extension programs.
``(b) Eligible Country Described.--For purposes of this section, an
eligible country is a developing country, as determined by the
Secretary using a gross national income per capita test selected by the
Secretary.
``(c) Purpose of Fellowships.--
``(1) Fellowships to individuals from eligible countries.--
A fellowship provided under subsection (a)(2) shall--
``(A) promote food security and economic growth in
eligible countries by--
``(i) educating a new generation of
agricultural scientists;
``(ii) increasing scientific knowledge and
collaborative research to improve agricultural
productivity; and
``(iii) extending that knowledge to users
and intermediaries in the marketplace; and
``(B) support--
``(i) training and collaborative research
opportunities through exchanges for entry level
international agricultural research scientists,
faculty, and policymakers from eligible
countries;
``(ii) collaborative research to improve
agricultural productivity;
``(iii) the transfer of new science and
agricultural technologies to strengthen
agricultural practice; and
``(iv) the reduction of barriers to
technology adoption.
``(2) Fellowships to united states citizens.--A fellowship
provided under subsection (a)(3) shall--
``(A) develop globally minded United States
agriculturists with experience living abroad;
``(B) focus on meeting the food and fiber needs of
the domestic population of eligible countries; and
``(C) strengthen and enhance trade linkages between
eligible countries and the United States agricultural
industry.
``(d) Fellowship Recipients.--
``(1) Fellowships to individuals from eligible countries.--
``(A) Eligible candidates.--The Secretary may
provide fellowships under subsection (a)(2) to
individuals from eligible countries who specialize or
have experience in agricultural education, research,
extension, or related fields, including--
``(i) individuals from the public and
private sectors; and
``(ii) private agricultural producers.
``(B) Candidate identification.--For fellowships
under subsection (a)(2), the Secretary shall use the
expertise of United States land-grant colleges and
universities and similar universities, international
organizations working in agricultural research and
outreach, and national agricultural research
organizations to help identify program candidates for
fellowships from the public and private sectors of
eligible countries.
``(C) Location of training.--The scientific
training or study of fellowship recipients under
subsection (a)(2) shall occur--
``(i) in the United States; or
``(ii) at a college or university located
in an eligible country that the Secretary
determines--
``(I) has sufficient scientific and
technical facilities;
``(II) has established a
partnership with at least one college
or university in the United States; and
``(III) has substantial
participation by faculty members of the
United States college or university in
the design of the fellowship curriculum
and classroom instruction under the
fellowship.
``(2) Fellowships to united states citizens.--
``(A) Eligible candidates.--The Secretary may
provide fellowships under subsection (a)(3) to citizens
of the United States who--
``(i) hold at least a bachelor's degree in
an agricultural related field of study; and
``(ii) have an understanding of United
States school-based agricultural education and
youth extension programs, as determined by the
Secretary.
``(B) Candidate identification.--For fellowships
under subsection (a)(3), the Secretary shall consult
with the National FFA Organization, the National 4-H
Council, and other entities as the Secretary deems
appropriate to identify candidates for fellowships.
``(e) Program Implementation.--The Secretary shall provide for the
management, coordination, evaluation, and monitoring of the Borlaug
International Agricultural Science and Technology Fellowship Program
and for the individual programs described in subsection (a), except
that--
``(1) the Secretary may contract out to 1 or more
collaborating universities the management of 1 or more of the
fellowship programs under subsection (a)(2); and
``(2) the Secretary may contract out the management of the
fellowship program under subsection (a)(3) to an outside
organization with experience in implementing fellowship
programs focused on building capacity for school-based
agricultural education and youth extension programs in
developing countries.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$6,000,000 to carry out this section.
``(2) Set-asides.--Of any funds made available pursuant to
paragraph (1), not less than $2,800,000 shall be used to carry
out the fellowship program for individuals from eligible
countries under subsection (a)(2).
``(3) Duration.--Any funds made available pursuant to
paragraph (1) shall remain available until expended.''.
SEC. 3208. GLOBAL CROP DIVERSITY TRUST.
(a) United States Contribution Limit.--Section 3202(b) of the Food,
Conservation, and Energy Act of 2008 (22 U.S.C. 2220a note; Public Law
110-246(b)) is amended by striking ``25 percent'' and inserting ``33
percent''.
(b) Authorization of Appropriations.--Section 3202(c) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 22 U.S.C.
2220a note) is amended by striking ``for the period of fiscal years
2014 through 2018'' and inserting ``for the period of fiscal years 2019
through 2023''.
SEC. 3209. GROWING AMERICAN FOOD EXPORTS ACT OF 2018.
Section 1543A of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5679) is amended to read as follows:
``SEC. 1543A. BIOTECHNOLOGY AND AGRICULTURAL TRADE PROGRAM.
``(a) Establishment.--There is established in the Department of
Agriculture a program to be known as the `Biotechnology and
Agricultural Trade Program'.
``(b) Purpose.--The purpose of the program established under this
section shall be to remove, resolve, or mitigate significant regulatory
nontariff barriers to the export of United States agricultural
commodities into foreign markets through policy advocacy and targeted
projects that address--
``(1) issues relating to United States agricultural
commodities produced with the use of biotechnology or new
agricultural production technologies;
``(2) advocacy for science-based regulation in foreign
markets of biotechnology or new agricultural production
technologies; or
``(3) quick-response intervention regarding non-tariff
barriers to United States exports produced through
biotechnology or new agricultural production technologies.
``(c) Eligible Programs.--Depending on need, as determined by the
Secretary, activities authorized under this section may be carried out
through--
``(1) this section;
``(2) the emerging markets program under section 1542; or
``(3) the Cochran Fellowship Program under section 1543.''.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
SEC. 4001. DUPLICATIVE ENROLLMENT DATABASE.
(a) Expansion of the Duplicative Enrollment Database.--The Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at
the end the following:
``SEC. 30. DUPLICATIVE ENROLLMENT DATABASE.
``(a) In General.--The Secretary shall establish an interstate
database, or system of databases, of supplemental nutrition assistance
program information to be known as the Duplicative Enrollment Database
that shall include the data submitted by each State pursuant to section
11(e)(26) and that shall meet security standards as determined by the
Secretary.
``(b) Purpose.--Any database, or system of databases, established
pursuant to subsection (a) shall be used by States when making
eligibility determinations to prevent supplemental nutrition assistance
program participants from receiving duplicative benefits in multiple
States.
``(c) Implementation.--
``(1) Issuance of interim final regulations.--Not later
than 18 months after the effective date of this section, the
Secretary shall issue interim final regulations to carry out
this section that--
``(A) incorporate best practices and lessons
learned from the regional pilot project referenced in
section 4032(c) of the Agricultural Act of 2014 (7
U.S.C. 2036c(c));
``(B) protect the privacy of supplemental nutrition
assistance program participants and applicants
consistent with section 11(e)(8); and
``(C) detail the process States will be required to
follow for--
``(i) conducting initial and ongoing
matches of participant and applicant data;
``(ii) identifying and acting on all
apparent instances of duplicative participation
by participants or applicants in multiple
States;
``(iii) disenrolling an individual who has
applied to participate in another State in a
manner sufficient to allow the State in which
the individual is currently applying to comply
with sections 11(e)(3) and (9); and
``(iv) complying with such other rules and
standards the Secretary determines appropriate
to carry out this section.
``(2) Timing.--The initial match and corresponding actions
required by paragraph (1)(C) shall occur within 3 years after
the date of the enactment of the Agriculture and Nutrition Act
of 2018.
``(d) Reports.--Using the data submitted to the Duplicative
Enrollment Database, the Secretary shall publish an annual report
analyzing supplemental nutrition assistance program participant
characteristics, including participant tenure on the program. The
report shall be made available to the public in a manner that prevents
identification of participants that receive supplemental nutrition
assistance program benefits.''.
(b) State Data Collection and Submission Requirements.--Section
11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is
amended--
(1) in paragraph (24) by striking ``and'' at the end,
(2) in paragraph (25) by striking the period at the end and
inserting ``a semicolon'', and
(3) by adding at the end the following:
``(26) that the State agency shall collect and submit
supplemental nutrition assistance program data to the
Duplicative Enrollment Database established in section 30, in
accordance with guidance or rules issued by the Secretary
establishing a uniform method and format for the collection and
submission of data, including for each member of a
participating household--
``(A) the social security number or the social
security number substitute;
``(B) the employment status of such member;
``(C) the amount of income and whether that income
is earned or unearned;
``(D) that member's portion of the household
monthly allotment; and
``(E) the portion of the aggregate value of
household assets attributed to that member; and''.
SEC. 4002. RETAILER-FUNDED INCENTIVES PILOT.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), as
amended by section 4001, is amended by adding at the end the following:
``SEC. 31. RETAILER-FUNDED INCENTIVES PILOT.
``(a) In General.--The Secretary shall establish a pilot project in
accordance with subsection (d) through which participating retail food
stores provide bonuses to participating households based on household
purchases of fruits, vegetables, and fluid milk.
``(b) Definitions.--For purposes of this section--
``(1) The term `bonus' means a financial incentive provided
at the point of sale to a participating household that expends
a portion of its allotment for the purchase of fruits,
vegetables, or fluid milk.
``(2) The term `fluid milk' means cow milk without
flavoring or sweeteners and packaged in liquid form.
``(3) The term `fruits' means minimally processed fruits.
``(4) The term `retail food store' means a retail food
store as defined in section 3(o)(1) that is authorized to
accept and redeem benefits under the supplemental nutrition
assistance program.
``(5) The term `vegetables' means minimally processed
vegetables.
``(c) Project Participant Plans.--To participate in the pilot
project established under subsection (a), a retail food store shall
submit to the Secretary for approval a plan that includes--
``(1) a method of quantifying the cost of fruits,
vegetables, and fluid milk, that will earn households a bonus;
``(2) a method of providing bonuses to participating
households and adequately testing such method;
``(3) a method of ensuring bonuses earned by households may
be used only to purchase food eligible for purchase under the
supplemental nutrition assistance program;
``(4) a method of educating participating households about
the availability and use of a bonus;
``(5) a method of providing data and reports, as requested
by the Secretary, for purposes of analyzing the impact of the
pilot project established under subsection (a) on household
access, ease of bonus use, and program integrity; and
``(6) such other criteria, including security criteria, as
established by the Secretary.
``(d) Pilot Project Requirements.--Retail food stores with plans
approved under subsection (c) to participate in the pilot project
established under subsection (a) shall--
``(1) provide a bonus in a dollar amount not to exceed 10
percent of the price of the purchased fruits, vegetables, and
fluid milk;
``(2) fund the dollar amount of bonuses used by households,
and pay for administrative costs, such as fees and system
costs, associated with providing such bonuses;
``(3) ensure that bonuses earned by households may be used
only to purchase food eligible for purchase under the
supplemental nutrition assistance program; and
``(4) provide data and reports as requested by the
Secretary for purposes of analyzing the impact of the pilot
project established under subsection (a) on household access,
ease of bonus use, and program integrity.
``(e) Limitation.--A retail food store participating in a project
under section 4405 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7517) shall not be eligible to participate in the pilot project
established under subsection (a).
``(f) Implementation.--Not later than 18 months after the date of
the enactment of the Agriculture and Nutrition Act of 2018, the
Secretary shall solicit and approve plans submitted under subsection
(c) that satisfy the requirements of such subsection.
``(g) Reimbursements.--
``(1) Rate of reimbursement.--Subject to paragraphs (2) and
(3), the Secretary shall reimburse retail food stores with
plans approved under subsection (f) in an amount not to exceed
25 percent of the dollar value of bonuses earned by households
and used to purchase food eligible for purchase under the
supplemental nutrition assistance program.
``(2) Aggregate amount of reimbursements.--The aggregate
amount of reimbursements paid in a fiscal year to all retail
food stores that participate in the pilot project established
under subsection (a) in such fiscal year shall not exceed
$120,000,000.
``(3) Requirements.--
``(A) Timeline.--Not later than 1 year after the
date of the enactment of the Agriculture and Nutrition
Act of 2018, the Secretary shall establish requirements
to implement this section, including criteria for
prioritizing reimbursements to such stores within the
limit established in paragraph (2) and subject to
subparagraph (B).
``(B) Distribution of reimbursements.--
``(i) Monthly payments.--Reimbursements
payable under this subsection shall be paid on
a monthly basis.
``(ii) Prorated payments.--If funds made
available under subsection (h) are insufficient
to pay in full reimbursements payable for a
month because of the operation of paragraph
(2), such reimbursements shall be paid on a pro
rata basis to the extent funds remain available
for payment.
``(h) Funding.--From funds made available under section 18(a)(1)
for a fiscal year, the Secretary shall allocate not to exceed
$120,000,000 for reimbursements payable under this section for such
fiscal year.''.
SEC. 4003. GUS SCHUMACHER FOOD INSECURITY NUTRITION INCENTIVE PROGRAM.
(a) Amendments.--Section 4405 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 7517) is amended--
(1) by striking the heading and inserting ``gus schumacher
food insecurity nutrition incentive program'',
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii)--
(I) in subclause (II) by inserting
``financial'' after ``providing'',
(II) by amending subclause (III) to
read as follows:
``(III) has adequate plans to
collect data for reporting and agrees
to participate in a program evaluation;
and''.
(III) in subclause (IV) by striking
``; and'' at the end and inserting a
period, and
(IV) by striking subclause (V), and
(ii) by amending subparagraph (B) to read
as follows:
``(B) Priorities.--In awarding grants under this
section--
``(i) the Secretary shall give priority to
projects that--
``(I) maximize the share of funds
used for direct incentives to
participants;
``(II) include coordination with
multiple stakeholders, such as farm
organizations, nutrition education
programs, cooperative extension service
programs, public health departments,
health providers, private and public
health insurance agencies, cooperative
grocers, grocery associations, and
community-based and non-governmental
organizations; and
``(III) have the capacity to
generate sufficient data and analysis
to demonstrate effectiveness of program
incentives; and
``(ii) the Secretary may also give priority
to projects that--
``(I) are located in underserved
communities;
``(II) use direct-to-consumer sales
marketing;
``(III) demonstrate a track record
of designing and implementing
successful nutrition incentive programs
that connect low-income consumers and
agricultural producers;
``(IV) provide locally or
regionally produced fruits and
vegetables;
``(V) offer supplemental services
in high-need communities, including
online ordering, transportation between
home and store, and delivery services;
``(VI) provide year-round access to
program incentives; or
``(VII) address other criteria as
established by the Secretary.'',
(B) by amending paragraph (4) to read as follows:
``(4) Training, evaluation, and information center.--
``(A) In general.--The Secretary, in consultation
with the Director of the National Institute of Food and
Agriculture, shall establish a Food Insecurity
Nutrition Incentive Program Training, Evaluation, and
Information Center capable of providing services
related to grants under subsection (b), including--
``(i) offering incentive program training
and technical assistance to applicants and
grantees to the extent practicable;
``(ii) collecting, evaluating, and sharing
information on best practices on common
incentive activities;
``(iii) assisting with collaboration among
grantee projects, State agencies, and nutrition
education programs;
``(iv) facilitating communication between
grantees and the Department of Agriculture; and
``(v) compiling program data from grantees
and generating an annual report to Congress on
grant outcomes.
``(B) Cooperative agreement.--To carry out
subparagraph (A), the Secretary may enter into a
cooperative agreement with an organization with
expertise in the supplemental nutrition assistance
program incentive programs, including--
``(i) nongovernmental organizations;
``(ii) State cooperative extension
services;
``(iii) regional food system centers;
``(iv) Federal and State agencies;
``(v) public, private, and land-grant
colleges and universities; and
``(vi) other appropriate entities as
determined by the Secretary.
``(C) Funding limitation.--Of the funds made
available under subsection (c), the Secretary may use
to carry out this paragraph not more than--
``(i) $2,000,000 for each of the fiscal
years 2019 and 2020, and
``(ii) $1,000,000 for each fiscal year
thereafter.'', and
(3) in subsection (c)--
(A) in paragraph (1) by striking ``2014 through
2018'' and inserting ``2019 through 2023'', and
(B) in paragraph (2)--
(i) in subparagraph (B) by striking ``and''
at the end;
(ii) in subparagraph (C) by striking the
period at the end and inserting ``;'', and
(iii) by adding at the end the following:
``(D) $45,000,000 for fiscal year 2019;
``(E) $50,000,000 for fiscal year 2020;
``(F) $55,000,000 for fiscal year 2021;
``(G) $60,000,000 for fiscal year 2022; and
``(H) $65,000,000 for fiscal year 2023 and each
fiscal year thereafter.''.
(b) Conforming Amendment.--The table of contents of Food,
Conservation, and Energy Act of 2008 is amended by striking the item
relating to section 4405 by inserting the following:
``Sec. 4405. Gus Schumacher food insecurity nutrition incentive
program.''.
SEC. 4004. RE-EVALUATION OF THRIFTY FOOD PLAN.
Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(u)) is amended by inserting after the 1st sentence the following:
``By 2022 and at 5-year intervals thereafter, the Secretary shall re-
evaluate and publish the market baskets of the thrifty food plan based
on current food prices, food composition data, and consumption
patterns.''.
SEC. 4005. FOOD DISTRIBUTION PROGRAMS ON INDIAN RESERVATIONS.
Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b)) is amended--
(1) in paragraph (6)--
(A) in the heading by striking ``locally-grown''
and inserting ``locally- and regionally-grown'',
(B) in subparagraph (A) by striking ``locally-
grown'' and inserting ``locally- and regionally-
grown'',
(C) in subparagraph (C)--
(i) by striking ``locally grown'' and
inserting ``locally- and regionally-grown'',
and
(ii) by striking ``locally-grown'' and
inserting ``locally- and regionally-grown'',
(D) by amending subparagraph (D) to read as
follows:
``(D) Purchase of foods.--In carrying out this
paragraph, the Secretary shall purchase or offer to
purchase those traditional foods that may be procured
cost-effectively.'';
(E) by striking subparagraph (E), and
(F) in subparagraph (F)--
(i) by striking ``(F)'' and inserting
``(E)'', and
(ii) by striking ``2018'' and inserting
``2023'', and
(2) by adding at the end the following:
``(7) Funds availability.--Funds made available for a
fiscal year to carry out this subsection shall remain available
for obligation for a period of 2 fiscal years.''.
SEC. 4006. UPDATE TO CATEGORICAL ELIGIBILITY.
Effective October 1, 2020, section 5 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2014) is amended--
(1) in the 2d sentence of subsection (a)--
(A) by striking ``receives benefits'' and inserting
``(1) receives cash assistance or ongoing and
substantial services'',
(B) by striking ``, supplemental security'' and
inserting ``with an income eligibility limit of not
more than 130 percent of the poverty line as defined in
section 5(c)(1), (2) is elderly or disabled and
receives cash assistance or ongoing and substantial
services under a State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et
seq.) with an income eligibility limit of not more than
200 percent of the poverty line as defined in section
5(c)(1), (3) receives supplemental security'', and
(C) by striking ``or aid'' and inserting ``or (4)
receives aid'', and
(2) in subsection (j)--
(A) by striking ``or who receives benefits'' and
inserting ``cash assistance or ongoing and substantial
services'' and
(B) by striking ``to have'' and inserting ``with an
income eligibility limit of not more than 130 percent
of the poverty line as defined in section 5(c)(1), or
who is elderly or disabled and receives cash assistance
or ongoing and substantial services under a State
program funded under part A of title IV of the Act (42
U.S.C. 601 et seq.) with an income eligibility limit of
not more than 200 percent of the poverty line as
defined in section 5(c)(1), to have''.
SEC. 4007. BASIC ALLOWANCE FOR HOUSING.
(a) Exclusion of Basic Allowance for Housing.--Section 5(d) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)) is amended--
(1) in paragraph (18) by striking ``and'' at the end,
(2) in paragraph (19)(B) by striking the period and
inserting ``; and'', and
(3) by adding at the end the following:
``(20) the value of an allowance received under section 403
of title 37 of the United States Code that does not exceed $500
monthly.''.
(b) Update to Excess Shelter Expense Deduction.--Section 5(e)(6)(A)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(A)) is
amended by inserting before the period at the end the following:
``, except that for a household that receives the
allowance under section 403 of title 37, United States
Code, only the expenses in excess of that allowance
shall be counted towards a household's expenses for the
calculation of the excess shelter deduction''.
SEC. 4008. EARNED INCOME DEDUCTION.
Section 5(e)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(2)(B)) is amended by striking ``20'' and inserting ``22''.
SEC. 4009. SIMPLIFIED HOMELESS HOUSING COSTS.
Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(6)(D)) is amended--
(1) by redesignating clause (ii) as clause (iii), and
(2) by striking clause (i) and inserting the following:
``(i) Alternative deduction.--The State
agency shall allow a deduction of $143 a month
for households--
``(I) in which all members are
homeless individuals;
``(II) that are not receiving free
shelter throughout the month; and
``(III) that do not opt to claim an
excess shelter expense deduction under
subparagraph (A).
``(ii) Adjustment.--For fiscal year 2019
and each subsequent fiscal year the amount of
the homeless shelter deduction specified in
clause (i) shall be adjusted to reflect changes
for the 12-month period ending the preceding
November 30 in the Consumer Price Index for All
Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.''.
SEC. 4010. AVAILABILITY OF STANDARD UTILITY ALLOWANCES BASED ON RECEIPT
OF ENERGY ASSISTANCE.
(a) Allowance to Recipients of Energy Assistance.--
(1) Standard utility allowance.--Section 5(e)(6)(C)(iv)(I)
of the of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(6)(C)(iv)(I)) is amended by inserting ``with an elderly
or disabled member'' after ``households''.
(2) Conforming amendments.--Section 2605(f)(2)(A) of the
Low-Income Home Energy Assistance Act is amended by inserting
``received by a household with an elderly or disabled member''
before ``, consistent with section 5(e)(6)(C)(iv)(I)''.
(b) Third-party Energy Assistance Payments.--Section 5(k)(4) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(k)(4)) is amended--
(1) in subparagraph (A) by inserting ``without an elderly
or disabled member'' after ``household'' the 1st place it
appears; and
(2) in subparagraph (B) by inserting ``with an elderly or
disabled member'' after ``household'' the 1st place it appears.
SEC. 4011. CHILD SUPPORT; COOPERATION WITH CHILD SUPPORT AGENCIES.
(a) Deductions for Child Support Payments.--
(1) Amendments.--Section 5(e) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2014(e)) is amended--
(A) by striking paragraph (4), and
(B) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively.
(2) Conforming amendment.--Section 5 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014) is amended--
(A) in subsection (k)(4)(B) by striking ``(e)(6)''
and inserting ``(e)(5)'', and
(B) in subsection (n) by striking ``Regardless of
whether a State agency elects to provide a deduction
under subsection (e)(4), the'' and inserting ``The''.
(b) Cooperation With Child Support Agencies.--
(1) Amendments.--Section 6 of the Food and Nutrition Act of
2008 (7 U.S.C. 2015) is amended--
(A) in subsection (l)(1) by striking ``At the
option of a State agency, subject'' and inserting
``Subject'',
(B) in subsection (m)(1) by striking ``At the
option of a State agency, subject'' and inserting
``Subject'', and
(C) by striking subsection (n).
(2) Conforming amendment.--Section 5(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended by striking
``and (r)'' and inserting ``and (p)''.
SEC. 4012. ADJUSTMENT TO ASSET LIMITATIONS.
Section 5(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(g)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$2,000'' and inserting
``$7,000'', and
(B) by striking ``$3,000'' and inserting
``$12,000'', and--
(2) in subparagraph (B) by striking ``2008'' and inserting
``2019''.
SEC. 4013. UPDATED VEHICLE ALLOWANCE.
Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(g)) is amended--
(1) in paragraph (1)(B)(i)--
(A) by striking ``(i) In general.--Beginning'' and
inserting the following:
``(i) In general.--
``(I) Beginning'', and
(B) by adding at the end the following:
``(II) Beginning on October 1,
2019, and each October 1 thereafter,
the amount specified in paragraph
(2)(B)(iv) shall be adjusted in the
manner described in subclause (I).'',
and
(2) in paragraph (2)--
(A) by amending subparagraph (B)(iv) to read as
follows:
``(iv) subject to subparagraph (C), with
respect to any licensed vehicle that is used
for household transportation or to obtain or
continue employment--
``(I) 1 vehicle for each licensed
driver who is a member of such
household to the extent that the fair
market value of the vehicle exceeds
$12,000; and
``(II) each additional vehicle;
and'', and
(B) by striking subparagraph (D).
SEC. 4014. SAVINGS EXCLUDED FROM ASSETS.
Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(g)), as amended by section 4013, is amended--
(1) in paragraph (1)(B)(i) by adding at the end the
following:
``(III) Beginning on October 1,
2019, and each October 1 thereafter,
the amount specified in paragraph
(2)(B)(v) shall be adjusted in the
manner described in subclause (I).'',
and
(2) in paragraph (2)(B)(v) by inserting ``to the extent
that the value exceeds $2,000'' after ``account''.
SEC. 4015. WORKFORCE SOLUTIONS.
(a) Conditions of Participation.--Section 6(d) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``No'' and inserting
``Subject to subparagraph (C), no'',
(ii) by striking ``over the age of 15 and
under the age of 60'' and inserting ``at least
18 years of age and less than 60 years of
age'',
(iii) by amending clause (i) to read as
follows:
``(i) without good cause, fails to work
(including volunteer work that is limited to 6
months out of a 12-month period) or refuses to
participate in either an employment and
training program established in paragraph (4),
a work program, or any combination of work, an
employment and training program, or work
program--
``(I) a minimum of 20 hours per
week, averaged monthly in fiscal years
2021 through 2025; or
``(II) a minimum of 25 hours per
week, averaged monthly in fiscal years
2026 and each fiscal year
thereafter;''.
(iv) by striking clauses (ii) and (vi),
(v) in clause (iv) by adding ``or'' at the
end,
(vi) in clause (v)(II) by striking ``30
hours per week; or'' and inserting ``the hourly
requirements applicable under paragraph
(1)(B)(i).'', and
(vii) by redesignating clauses (iii), (iv),
and (v) as clauses (ii), (iii), and (iv),
respectively,
(B) by striking subparagraph (B),
(C) by amending subparagraph (C) to read as
follows:
``(C) Limitation.--Subparagraph (B) shall not apply
to an individual during the first month that individual
would otherwise become subject to subparagraph (B) and
be found in noncompliance with such subparagraph.'',
(D) in subparagraph (D)--
(i) in clause (iii)(I) by striking ``(A)''
each place it appears and inserting ``(B)'',
(ii) in clause (iv) by striking
``(A)(v)''and inserting ``(B)(iv)'', and
(iii) by striking clauses (v) and (vi),
(E) by redesignating subparagraphs (A) and (D) as
subparagraphs (B) and (J), respectively,
(F) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) Definition of work program.--In this
subsection, the term `work program' means--
``(i) a program under title I of the
Workforce Innovation and Opportunity Act;
``(ii) a program under section 236 of the
Trade Act of 1974 (19 U.S.C. 2296);
``(iii) a program of employment and
training operated or supervised by a State or
political subdivision of a State that meets
standards approved by the chief executive
officer of the State and the Secretary, other
than a program under paragraph (4);
``(iv) a program of employment and training
for veterans operated by the Department of
Labor or the Department of Veterans Affairs,
and approved by the Secretary.'', and
(G) by inserting after subparagraph (C) the
following:
``(D) Transition period.--During each of the fiscal
years 2019 and 2020, States shall continue to implement
and enforce the work and employment and training
program requirements consistent with this subsection,
subsection (e), subsection (o) excluding paragraphs (4)
and (6)(F), section 7(i), section 11(e)(19), and
section 16 (excluding subparagraphs (A), (B), (C), and
(D) of subsection (h)(1)) as those provisions were in
effect on the day before the effective date of this
subparagraph.
``(E) Ineligibility.--
``(i) Notification of failure to meet work
requirements.--The State agency shall issue a
notice of adverse action to an individual not
later than 10 days after the State agency
determines that the individual has failed to
meet the requirements applicable under
subparagraph (B).
``(ii) First violation.--The 1st time an
individual receives a notice of adverse action
issued under clause (i), the individual shall
remain ineligible to participate in the
supplemental nutrition assistance program
until--
``(I) the date that is 12 months
after the date the individual became
ineligible;
``(II) the date the individual
obtains employment sufficient to meet
the hourly requirements applicable
under subparagraph (B)(i); or
``(III) the date that the
individual is no longer subject to the
requirements of subparagraph (B);
whichever is earliest.
``(iii) Second or subsequent violation.--
The 2d or subsequent time an individual
receives a notice of adverse action issued
under clause (i), the individual shall remain
ineligible to participate in the supplemental
nutrition assistance program until--
``(I) the date that is 36 months
after the date the individual became
ineligible;
``(II) the date the individual
obtains employment sufficient to meet
the hourly requirements applicable
under subparagraph (B)(i); or
``(III) the date the individual is
no longer subject to the requirements
of subparagraph (B);
whichever is earliest.
``(F) Waiver.--
``(i) In general.--On the request of a
State agency and with the approval of the chief
executive officer of the State, the Secretary
may waive the applicability of subparagraph (B)
to individuals in the State if the Secretary
makes a determination that the area in which
the individuals reside--
``(I) has an unemployment rate of
over 10 percent;
``(II) is designated as a Labor
Surplus Area by the Employment and
Training Administration of the
Department of Labor for the current
fiscal year based on the criteria for
exceptional circumstances as described
in section 654.5 of title 20 of the
Code of Federal Regulations;
``(III) has a 24-month average
unemployment rate 20 percent or higher
than the national average for the same
24-month period unless the 24-month
average unemployment rate of the area
is less than 7 percent, except that the
24-month period shall begin no earlier
than the most recent 24-month period
for which Department of Labor
unemployment rates are available, nor
earlier than the 24-month period the
Employment and Training Administration
of the Department of Labor uses to
designate Labor Surplus Areas for the
current fiscal year; or
``(IV) is in a State--
``(aa) that is in an
extended benefit period (within
the meaning of section 203 of
the Federal-State Extended
Unemployment Compensation Act
of 1970); or
``(bb) in which temporary
or emergency unemployment
compensation is being provided
under any Federal law.
``(ii) Jurisdictions with limited data.--In
carrying out clause (i), in the case of a
jurisdiction for which Bureau of Labor
Statistics unemployment data is limited or
unavailable, such as an Indian Reservation or a
territory of the United States, a State may
support its request based on other economic
indicators as determined by the Secretary.
``(iii) Limit on combining jurisdictions.--
In carrying out clause (i), the Secretary may
waive the applicability of subparagraph (B)
only to a State or individual jurisdictions
within a State, except in the case of combined
jurisdictions that are designated as Labor
Market Areas by the Department of Labor.
``(iv) Report.--The Secretary shall submit
to the Committee on Agriculture of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate, and shall make available to the public,
an annual report on the basis for granting a
waiver under clause (i).
``(G) Percentage exemption.--
``(i) Definitions.--In this subparagraph:
``(I) Caseload.--The term
`caseload' means the average monthly
number of individuals receiving
supplemental nutrition assistance
program benefits during the 12-month
period ending the preceding June 30.
``(II) Covered individual.--The
term `covered individual' means a
member of a household that receives
supplemental nutrition assistance
program benefits, or an individual
denied eligibility for supplemental
nutrition assistance program benefits
solely due to the applicability of
subparagraph (B), who--
``(aa) is not eligible for
an exception under paragraph
(2);
``(bb) does not reside in
an area covered by a waiver
granted under subparagraph (F).
``(ii) General rule.--Subject to clauses
(iii) through (v), a State agency may provide
an exemption from the requirements of
subparagraph (B) for covered individuals.
``(iii) Fiscal years 2021 through 2025.--
Subject to clauses (v) and (vi), for each of
the fiscal years 2021 through 2025, a State
agency may provide a number of exemptions such
that the average monthly number of the
exemptions in effect during the fiscal year
does not exceed 15 percent of the number of
covered individuals in the State in fiscal year
2019, as estimated by the Secretary, based on
the survey conducted to carry out section 16(c)
for the most recent fiscal year and such other
factors as the Secretary considers appropriate
due to the timing and limitations of the
survey.
``(iv) Fiscal year 2026 and thereafter.--
Subject to clauses (v) and (vi), for fiscal
year 2026 and each fiscal year thereafter, a
State agency may provide a number of exemptions
such that the average monthly number of the
exemptions in effect during the fiscal year
does not exceed 12 percent of the number of
covered individuals in the State in fiscal year
2019, as estimated by the Secretary, based on
the survey conducted to carry out section 16(c)
for the most recent fiscal year and such other
factors as the Secretary considers appropriate
due to the timing and limitations of the
survey.
``(v) Caseload adjustments.--The Secretary
shall adjust the number of individuals
estimated for a State under clause (iii) during
a fiscal year if the number of members of
households that receive supplemental nutrition
assistance program benefits in the State varies
from the State's caseload by more than 10
percent, as determined by the Secretary.
``(vi) Reporting requirements.--
``(I) Reports by state agencies.--A
State agency shall submit such reports
to the Secretary as the Secretary
determines are necessary to ensure
compliance with this paragraph.
``(II) Annual report by the
secretary.--The Secretary shall
annually compile and submit to the
Committee on Agriculture of the House
of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate, and shall make available to
the public, an annual report that
contains the reports submitted under
subclause (I) by State agencies.
``(H) Other program rules.--Nothing in this
subsection shall make an individual eligible for
benefits under this Act if the individual is not
otherwise eligible for benefits under the other
provisions of this Act.
``(I) Household ineligibilty.--If an individual
becomes ineligible to participate in the supplemental
nutrition assistance program as a household member due
to failure to meet the requirements under subparagraph
(B), the remaining household members (including
children), shall not become ineligible to apply to
participate in the supplemental nutrition assistance
program due to such individual's ineligibility.''.
(2) in paragraph (2)--
(A) in the 1st sentence--
(i) by striking ``paragraph (1)'' and
inserting ``paragraph (1)(B)'', and
(ii) by striking ``(E)'' and all that
follows through the period at the end, and
inserting the following:
``(E) receiving weekly earnings which equal the minimum hourly rate
under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)), multiplied by the hourly requirement as specified in
subparagraph (B); (F) medically certified as mentally or physically
unfit for employment; or (G) a pregnant woman.'', and
(B) by striking the last sentence,
(3) in paragraph (3) by striking ``registration
requirements'' and inserting ``requirement'',
(4) in paragraph (4)--
(A) in subparagraph (A)--
(i) by redesignating clause (ii) as clause
(iii), and
(ii) by inserting after clause (i) the
following:
``(ii) Mandatory minimum services.--Each
State agency shall offer employment and
training program services sufficient for all
individuals subject to the requirements of
paragraph (1)(B)(i) who are not currently
ineligible pursuant to paragraph (1)(E), exempt
pursuant to subparagraphs (F) and (G) or
paragraph (2) of subsection (d), and for all
individuals covered by paragraph (1)(C), to
meet the hourly requirements specified in
paragraph (1)(B)(i) to the extent that such
requirements will not be satisfied by hours of
work or participation in a work program.'', and
(B) in subparagraph (B)--
(i) by inserting after ``contains'' the
following:
``case management services consisting of comprehensive intake
assessments, individualized service plans, progress monitoring, and
coordination with service providers, and'',
(ii) by amending clause (i) to read as
follows:
``(i) Supervised job search programs that occur at State-
approved locations in which the activities of participants
shall be directly supervised and the timing and activities of
participants tracked in accordance with guidelines set forth by
the State.'',
(iii) in clause (ii) by striking ``jobs
skills assessments, job finding clubs, training
in techniques for'' and inserting
``employability assessments, training in
techniques to increase'',
(iv) in clause (iv) in the 1st sentence by
inserting ``, including subsidized employment,
apprenticeships, and other work experience''
before the period at the end,
(v) in clause (v) by inserting ``,
including family literacy and financial
literacy,'' after ``literacy'', and
(vi) in clause (vii) by striking ``not more
than'',
(C) in subparagraph (F)--
(i) clause (ii) by striking ``one hundred
and twenty hours per month'' and inserting
``the hours required under section
6(d)(1)(B)'', and
(ii) by striking clause (iii),
(D) by striking subparagraphs (D) and (E), and
inserting the following:
``(D) Each State agency shall establish requirements for
participation by non-exempt individuals in the employment and training
program components listed in clauses (i) through (vii) of subparagraph
(B). Such requirements may vary among participants.'',
(E) in subparagraph (H) by striking ``(B)(v)'' and
inserting ``(B)(iv)'', and
(F) by redesignating subparagraphs (F) through (M)
as subparagraphs (E) through (L), respectively.
(b) Conforming Amendments.--
(1) Amendments to the food and nutrition act of 2008.--The
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended--
(A) in section 5(d)(14) by striking ``6(d)(4)(I)''
and inserting ``6(d)(4)(G)'', and
(B) in section 17(b)(1)(B)(iv)(III)(dd) by striking
``(4)(F)(i), or (4)(K)'' and inserting ``(4)(A)(ii),
(4)(E)(i), or (4)(J)''.
(2) Amendment to other laws.--
(A) Internal revenue code of 1986.--Section
51(d)(8)(A)(ii) of the Internal Revenue Code of 1986
(26 U.S.C. 51(d)(8)(A)(ii)) is amended--
(i) in subclause (I) by striking ``, or''
and inserting a period,
(ii) by striking ``family--'' and all that
follows through ``(I) receiving'' and inserting
``family receiving'', and
(iii) by striking subclause (II).
(B) Workforce innovation and opportunity act.--The
Workforce Innovation and Opportunity Act (Public Law
113-128; 128 Stat. 1425) is amended--
(i) in section 103(a)(2) by striking
subparagraph (D), and
(ii) in section 121(b)(2)(B) by striking
clause (iv).
(c) Related Requirements.--Section 6 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015) is amended--
(1) by amending subsection (e)(5) to read as follows:
``(5) is--
``(A) a parent or other household member with
responsibility for the care of a dependent child under
age 6 or of an incapacitated person; or
``(B) a parent or other household member with
responsibility for the care of a dependent child above
the age of 5 and under the age of 12 for whom adequate
child care is not available to enable the individual to
attend class and satisfy the requirements of paragraph
(4); and''.
(2) by striking subsection (o).
(d) Conforming Amendments.--The Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) is amended--
(1) in section 6, as amended by section 4011 and subsection
(c), by redesignating subsections (p) through (s) as
subparagraphs (n) through (q), respectively, and
(2) in section 7(i)(1) by striking ``6(o)(2)'' and
inserting ``6(d)(1)(B)''.
(e) State Plan.--Section 11(e)(19) of the Food and Nutrition Act of
2008 (7 U.S.C. 2020(e)(19)) is amended by striking ``geographic areas
and households to be covered under such program, and the basis,
including any cost information,'' and inserting ``extent to which such
programs will be carried out in coordination with the activities
carried out under title I of the Workforce Innovation and Opportunity
Act, the plan for meeting the minimum services requirement under
section 6(d)(4)(A)(ii) including any cost information, and the basis''.
(f) Funding of Employment and Training Programs.--Section 16(h) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``$90,000,000''
and all that follows through the period at the end and
inserting the following:
``under section 18(a)(1)--
``(i) $90,000,000 for fiscal year 2019;
``(ii) $250,000,000 for fiscal year 2020;
and
``(iii) $1,000,000,000 for each fiscal year
thereafter.'',
(B) by amending subparagraph (B)(ii) to read as
follows:
``(ii) takes into account--
``(I) for fiscal years 2019 and
2020, the number of individuals who are
not exempt from the work requirement
under section 6(o) as that section
existed on the day before the date of
the enactment of the Agriculture and
Nutrition Act of 2018; and
``(II) for fiscal years 2021 and
each fiscal year thereafter, the number
of individuals who are not exempt from
the requirements under section
6(d)(1)(B).'',
(C) by amending subparagraph (C) to read as
follows:
``(C) Return of unused employment and training
funds to the treasury.--If a State agency will not
expend all of the funds allocated to the State agency
for a fiscal year under subparagraph (B), the Secretary
shall deposit such unused funds in the general receipts
of the Treasury.'',
(D) in subparagraph (D) by striking ``$50,000'' and
inserting ``$100,000'', and
(E) by amending subparagraph (E) to read as
follows:
``(E) Reservation of funds.--Of the funds made
available under this paragraph for fiscal year 2021 and
for each fiscal year thereafter, not more than
$150,000,000 shall be reserved for allocation to States
to provide training services by eligible providers
identified under section 122 of the Workforce
Innovation and Opportunity Act for participants in the
supplemental nutrition assistance program to meet the
hourly requirements under section 6(d)(1)(B) of this
Act.'', and
(2) in paragraph (5)(C)--
(A) in clause (ii) by adding ``and'' at the end,
(B) in clause (iii) by striking ``; and'' and
inserting a period, and
(C) by striking clause (iv).
(g) Workfare.--
(1) Amendments.--Section 20(b) of the Food and Nutrition
Act of 2008 (7 U.S.C. 3029(b) is amended--
(A) in paragraph (1)--
(i) by striking ``6(d)(1)'' and inserting
``6(d)(1)(B)'', and
(ii) by striking ``or (F)'' and inserting
``(F), or (G)'', and
(B) in paragraph (4) by striking ``sixteen'' and
inserting ``18''.
(2) Conforming amendments.--The Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) is amended--
(A) in section 16(h)--
(i) in paragraph (1)(F)--
(I) in clause (i)--
(aa) in subclause (I) by
inserting ``(as in effect on
the day before the date of the
enactment of the Agriculture
and Nutrition Act of 2018)''
after ``this Act'', and
(bb) in subclause (II)(bb)
by inserting ``(as in effect on
the day before the date of the
enactment of the Agriculture
and Nutrition Act of 2018)''
before the period at the end,
(II) in clause (ii)--
(aa) in subclause (II)(cc)
by inserting ``(as in effect on
the day before the date of the
enactment of the Agriculture
and Nutrition Act of 2018)''
after ``20'', and
(bb) in subclause
(III)(ee)(AA) by inserting ``as
in effect on the day before the
date of the enactment of the
Agriculture and Nutrition Act
of 2018'' after ``6(o)'', and
(III) in clause (vi)(I) by
inserting ``as in effect on the day
before the date of the enactment of the
Agriculture and Nutrition Act of 2018''
after ``6(d)'', and
(ii) in paragraph (3) by striking ``under
section 6(d)(4)(I)(i)(II)'' and inserting ``for
dependent care expenses under section
6(d)(4)'', and
(B) in section 17(b) by striking paragraph (2).
(h) Equitable Treatment of Households.--Section 11(e) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2020(e)), as amended by section
4001, is amended by adding at the end the following:
``(27) that the State agency may, for purposes of ensuring
equitable treatment among all households (including those
containing a married couple), request earned income data from
the Internal Revenue Service relevant to determining
eligibility to receive supplemental nutrition assistance
program benefits and determining the correct amount of such
benefits at the time of household certification.''.
SEC. 4016. MODERNIZATION OF ELECTRONIC BENEFIT TRANSFER REGULATIONS.
Section 7(h)(2) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(2)) is amended--
(1) in the 1st sentence by inserting ``and shall
periodically review such regulations and modify such
regulations to take into account evolving technology and
comparable industry standards'' before the period at the end,
and
(2) in subparagraph (C)--
(A) by striking ``(C)(i)'' and all that follows
through ``abuse; and'', by inserting the following:
``(C)(i) risk-based measures to maximize the security of a
system using the most effective technology available that the
State agency considers appropriate and cost effective including
consideration of recipient access and ease of use and which may
include personal identification numbers, photographic
identification on electronic benefit transfer cards,
alternatives for securing transactions, and other measures to
protect against fraud and abuse; and'', and
(B) by moving the left margin of clause (ii) 4 ems
to the left.
SEC. 4017. MOBILE TECHNOLOGIES.
Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(14) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--Subject to subparagraph (B), the
Secretary shall authorize the use of mobile
technologies for the purpose of accessing supplemental
nutrition assistance program benefits.'',
(2) in subparagraph (B)--
(A) by striking the heading and inserting
``Demonstration projects on access of benefits through
mobile technologies'',
(B) by amending clause (i) to read as follows:
``(i) Demonstration projects.--Before
authorizing implementation of subparagraph (A)
in all States, the Secretary shall approve not
more than 5 demonstration project proposals
submitted by State agencies that will pilot the
use of mobile technologies for supplemental
nutrition assistance program benefits
access.'',
(C) in clause (ii)--
(i) in the heading by striking
``Demonstration projects'' and inserting
``Project requirements'',
(ii) by striking ``retail food store'' the
first place it appears and inserting ``State
agency'',
(iii) by striking ``includes'',
(iv) by striking subclauses (I), (II),
(III), and (IV), and inserting the following:
``(I) provides recipient
protections regarding privacy, ease of
use, household access to benefits, and
support similar to the protections
provided under existing methods;
``(II) ensures that all recipients,
including those without access to
mobile payment technology and those who
shop across State borders, have a means
of benefit access;
``(III) requires retail food
stores, unless exempt under section
7(f)(2)(B), to bear the costs of
acquiring and arranging for the
implementation of point-of-sale
equipment and supplies for the
redemption of benefits that are
accessed through mobile technologies;
``(IV) requires that foods
purchased with benefits issued under
this section through mobile
technologies are purchased at a price
not higher than the price of the same
food purchased by other methods used by
the retail food store, as determined by
the Secretary;
``(V) ensures adequate
documentation for each authorized
transaction, adequate security measures
to deter fraud, and adequate access to
retail food stores that accept benefits
accessed through mobile technologies,
as determined by the Secretary;
``(VI) provides for an evaluation
of the demonstration project,
including, but not limited to, an
evaluation of household access to
benefits;
``(VII) requires that the State
demonstration projects are voluntary
for all retail food stores and that all
recipients are able to use benefits in
non-participating retail food stores;
and
``(VIII) meets other criteria as
established by the Secretary.'',
(D) by amending clause (iii) to read as follows:
``(iv) Date of project approval.--The
Secretary shall solicit and approve the
qualifying demonstration projects required
under subparagraph (B)(i) not later than
January 1, 2020.'', and
(E) by inserting after clause (ii) the following:
``(iii) Priority.--The Secretary may
prioritize demonstration project proposals that
would--
``(I) reduce fraud;
``(II) encourage positive
nutritional outcomes; and
``(III) meet such other criteria as
determined by the Secretary.'', and
(3) in subparagraph (C)(i)--
(A) by striking ``2017'' and inserting ``2022'',
and
(B) by inserting ``requires further study by way of
an extended pilot period or'' after ``States'' the 2d
place it appears .
SEC. 4018. PROHIBITED FEES.
(a) Limitation.--Section 7(h)(13) of the Food and Nutrition Act of
2008 (7 U.S.C. 2016(h)(13)) is amended to read as follows:
``(13) Fees.--No interchange fees shall apply to electronic
benefit transfer transactions under this subsection. Neither a
State, nor any agent, contractor, or subcontractor of a State
who facilitates the provision of supplemental nutrition
assistance program benefits in such State may impose a fee for
switching (as defined in subsection (j)(1)(H) or routing such
benefits.''.
(b) Conforming Amendment.--Section 7(j)(1)(H) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014) is amended to read as follows:
``(H) Switching.--The term `'switching'' means the
routing of an intrastate or interstate transaction that
consists of transmitting the details of a transaction
electronically recorded through the use of an
electronic benefit transfer card in one State to the
issuer of the card that may be in the same or different
State.''.
SEC. 4019. REPLACEMENT OF EBT CARDS.
Section 7(h)(8)(B)(ii) of the Food and Nutrition Act of 2008 (7
U.S.C. 2016(h)(8)(B)(ii)) is amended by striking ``an excessive number
of lost cards'' and inserting ``2 lost cards in a 12-month period''.
SEC. 4020. BENEFIT RECOVERY.
Section 7(h)(12) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(12)) is amended--
(1) in subparagraph (A) by inserting ``, or due to the
death of all members of the household'' after ``inactivity'',
(2) in subparagraph (B) by striking ``6'' and inserting
``3'', and
(3) in subparagraph (C) by striking ``12 months'' and
inserting ``6 months, or upon verification that all members of
the household are deceased''.
SEC. 4021. REQUIREMENTS FOR ONLINE ACCEPTANCE OF BENEFITS.
(a) Definition.--Section 3(o)(1) of the Food and Nutrition Act of
2008 (7 U.S.C. 2012(o)(1)) is amended by striking ``or house-to-house
trade route'' and inserting ``, house-to-house trade route, or online
entity''.
(b) Acceptance of Benefits.--Section 7(k) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016(k)) is amended--
(1) by striking the heading and inserting ``Acceptance of
Program Benefits Through Online Transactions'',
(2) in paragraph (4) by striking subparagraph (C), and
(3) by striking paragraph (5).
SEC. 4022. NATIONAL GATEWAY.
(a) Issuance of Benefits.--Section 7 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2016) is amended--
(1) in subsection (d) by striking ``benefits by benefit
issuers'' and inserting ``benefit issuers and other independent
sales organizations, third-party processors, and web service
providers that provide electronic benefit transfer services or
equipment to retail food stores and wholesale food concerns,'',
and
(2) by adding at the end the following:
``(l) Requirement to Route All Supplemental Nutrition Assistance
Program Benefit Transfer Transactions Through a National Gateway.--
``(1) Definitions.--For purposes of this section:
``(A) The term `independent sales organization'
means a person or entity that--
``(i) is not a third-party processor; and
``(ii) engages in sales or service to
retail food stores with respect to point-of-
sale equipment necessary for electronic benefit
transfer transaction processing.
``(B) The term `third-party processor' means an
entity, including a retail food store operating its own
point-of-sale terminals, that is capable of routing
electronic transfer benefit transactions for
authorization.
``(C) The term `web service provider' means an
entity that operates a generic online purchasing
website that can be customized for online electronic
benefit transfer transactions for authorized retail
food stores.
``(2) In general.--Subject to paragraph (5), the Secretary
shall establish a national gateway for the purpose of routing
all supplemental nutrition assistance program benefit transfer
transactions (in this subsection referred to as `transactions'
unless the context specifies otherwise) to the appropriate
benefit issuers for purposes of transaction validation and
settlement.
``(3) Requirements to route transactions.--The Secretary
shall--
``(A) ensure that protections regarding privacy,
security, ease of use, and access relating to
supplemental nutrition assistance benefits are
maintained for benefit recipients and retail food
stores;
``(B) ensure redundancy for processing of
transactions;
``(C) ensure real-time monitoring of transactions;
``(D) ensure that all entities that connect to such
gateway, and all others that connect to such entities,
meet and follow transaction messaging standards, and
other requirements, established by the Secretary;
``(E) ensure the security of transactions by using
the most effective technology available that the
Secretary considers to be appropriate and cost-
effective; and
``(F) ensure that all transactions are routed
through such gateway.
``(4) State agency action.--Each State agency shall ensure
that all of its benefit issuers connect to such gateway. A
State agency may opt to require its benefit issuer to route
cash transactions through such gateway, subject to terms
established by the Secretary.
``(5) Routing of transactions through a national gateway.--
``(A) In general.--Before the Secretary implements
in all the States a national gateway established under
paragraph (2), the Secretary shall conduct a
feasibility study to assess the feasibility of routing
transactions through such gateway.
``(B) Feasibility study.--The feasibility study
conducted under subparagraph (A) shall provide, at a
minimum, all of the following:
``(i) A comprehensive analysis of
opportunities and challenges presented by
implementation of such gateway.
``(ii) One or more options for carrying
forward each of such opportunities and for
mitigating each of such challenges.
``(iii) Data for purposes of analyzing the
implementation of, and on-going cost of
managing, such gateway.
``(iv) One or more models for cost-neutral
on-going operation of a national gateway.
``(v) Other criteria, including security
criteria, established by the Secretary.
``(C) Date of completion of study.--The Secretary
shall complete the feasibility study required by
subparagraph (B) not later than 1 year after the date
of the enactment of the Agriculture and Nutrition Act
of 2018.
``(D) Implementation of a national gateway.--Not
later than 1 year after the date of the completion of
such study, the Secretary shall complete the nationwide
implementation of a national gateway established under
paragraph (2) unless the Secretary determines, based on
such study, that more time is needed to implement such
gateway nationwide or that nationwide implementation of
such gateway is not in the best interest of the
operation of the supplemental nutrition assistance
program.
``(E) Report to congress.--If the Secretary makes a
determination described in subparagraph (D), the
Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that includes the basis of such determination.
``(F) Nondisclosure of information.--Any
information collected through such gateway about a
specific retail food store, wholesale food concern,
person, or other entity, and any investigative
methodology or criteria used for program integrity
purposes that operates at or in conjunction with such
gateway, shall be exempt from the disclosure
requirements of section 552(a) of title 5 of the United
States Code pursuant to section 552(b)(3)(B) of title 5
of the United States Code. The Secretary shall limit
the use or disclosure of information obtained under
this subsection in a manner consistent with section
9(c).
``(6) Authorization of appropriations.--There are
authorized to be appropriated $10,500,000 for fiscal year 2019,
and $9,500,000 for each of the fiscal years 2020 through 2023,
to carry out this subsection. Not more than $1,000,000 of the
funds appropriated under this paragraph may be used for the
feasibility study under paragraph (5)(B).
``(7) Gateway sustainability.--Benefit issuers and third-
party processors shall pay fees to the gateway operator, in a
manner prescribed by the Secretary, to directly access and
route transactions through the national gateway.
``(A) Purpose.--The Secretary shall ensure that
fees are collected and used solely for the operation of
the gateway.
``(B) Amount.--Fees shall be established by the
Secretary in amounts proportionate to the number of
transactions routed through the gateway by each benefit
issuer and third-party processor, and based on the cost
of operating the gateway in a fiscal year.
``(C) Adjustment.--The Secretary shall evaluate
annually the cost of operating such gateway and shall
adjust the fee in effect for a fiscal year to reflect
the cost of operating such gateway, except that an
adjustment under this subparagraph for any fiscal year
may not exceed 10 percent of the fee charged under this
paragraph in the preceding fiscal year.''.
(b) Approval of Retail Food Stores and Wholesale Food Concerns.--
The 1st sentence of section 9(c) of the Food and Nutrition Act of 2008
(7 U.S.C. 2018(c)) is amended by inserting ``contracts for electronic
benefit transfer services and equipment, records necessary to validate
the FNS authorization number to accept and redeem benefits,'' after
``invoices,''.
SEC. 4023. ACCESS TO STATE SYSTEMS.
(a) Records.--Section 11(a)(3)(B) of the Food and Nutrition Act of
2008 (7 U.S.C. 2020(a)(3)(B)) is amended--
(1) by striking ``Records described'' and inserting ``All
records, and the entire information systems in which records
are contained, that are covered'', and
(2) by amending clause (i) to read as follows:
``(i) be made available for inspection and
audit by the Secretary, subject to data and
security protocols agreed to by the State
agency and Secretary;''.
(b) Reporting Requirements.--Section 16 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025) is amended--
(1) in the last sentence of subsection (c)(4) by inserting
``including providing access to applicable State records and
the entire information systems in which the records are
contained,'' after ``Secretary,'', and
(2) in subsection (g)(1)--
(A) in subparagraph (E) by striking ``and'' at the
end,
(B) in subparagraph (F) by striking the period at
the end and inserting ``; and'', and
(C) by adding at the end the following:
``(G) would be accessible by the Secretary for the
purposes of program oversight and would be used by the
State agency to make available all records required by
the Secretary.''.
SEC. 4024. TRANSITIONAL BENEFITS.
Section 11(s) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(s)) is amended--
(1) by striking the heading and inserting ``Transitional
Benefits'',
(2) in paragraph (1)--
(A) by striking ``may'' and inserting ``shall'',
and
(B) in subparagraph (B) by striking ``at the option
of the State,'', and
(3) in paragraph (2)--
(A) by striking ``may'' and inserting ``shall'',
and
(B) by striking ``not more than''.
SEC. 4025. INCENTIVIZING TECHNOLOGY MODERNIZATION.
Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(t)) is amended--
(1) by striking the heading and inserting ``Grants for
Simplified Supplemental Nutrition Assistance Program
Application and Eligibility Determination Systems'',
(2) in paragraph (1) by striking ``implement--'' and all
that follows through the period at the end, and inserting
``implement simplified supplemental nutrition assistance
program application and eligibility determination systems.'',
and
(3) in paragraph (2)--
(A) by amending subparagraph (B) to read as
follows:
``(B) establishing enhanced technological methods
for applying for benefits and determining eligibility
that improve the administrative infrastructure used in
processing applications and determining eligibility;
or'',
(B) by striking subparagraphs (C) and (D), and
(C) by redesignating subparagraph (E) as
subparagraph (C).
SEC. 4026. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFIT TRANSFER
TRANSACTION DATA REPORT.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A) by striking ``and'' at the
end,
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and'', and
(C) by adding at the end the following:
``(C) parameters for retail food store cooperation with the
Secretary sufficient to carry out subsection (i).''.
(2) by adding at the end the following:
``(i) Data Collection for Retail Food Store Transactions.--
``(1) Collection of data.--To assist in making improvements
to supplemental nutrition assistance program design, for each
interval not greater than a 2-year period, the Secretary
shall--
``(A) collect a statistically significant sample of
retail food store transaction data, including the cost
and description of items purchased with supplemental
nutrition assistance program benefits, to the extent
practicable and without affecting retail food store
document retention practices; and
``(B) make a summarized report of aggregated data
collected under subparagraph (A) available to the
public in a manner that prevents identification of
individual retail food stores, individual retail food
store chains, and individual members of households that
use such benefits.
``(2) Nondisclosure.--Any transaction data that contains
information specific to a retail food store, a retail food
store location, a person, or other entity shall be exempt from
the disclosure requirements of Section 552(a) of title 5 of the
United States Code pursuant to section 552(b)(3)(B) of title 5
of the United States Code. The Secretary shall limit the use or
disclosure of information obtained under this subsection in a
manner consistent with sections 9(c) and 11(e)(8).''.
SEC. 4027. ADJUSTMENT TO PERCENTAGE OF RECOVERED FUNDS RETAINED BY
STATES.
Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(a) is amended--
(1) in the 1st sentence by striking ``35 percent'' and
inserting ``50 percent'', and
(2) by inserting after the 1st sentence the following:
``A State agency may use such funds retained only to carry out the
supplemental nutrition assistance program, including investments in
technology, improvements in administration and distribution, and
actions to prevent fraud.''.
SEC. 4028. TOLERANCE LEVEL FOR PAYMENT ERRORS.
Section 16(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(c)(1)) is amended--
(1) in subparagraph (A)(ii)--
(A) in subclause (I) by striking ``and'' at the
end,
(B) in subclause (II)--
(i) by striking ``fiscal year thereafter''
and inserting ``of the fiscal years 2015
through 2017'', and
(ii) by striking the period at the end and
inserting ``; and'', and
(C) by adding at the end the following:
``(III) for each fiscal year
thereafter, $0.'', and
(2) in subparagraph (C) by striking ``fiscal year 2004''
and all that follows through ``second'', and inserting ``any of
the fiscal years 2004 through 2018 for which the Secretary
determines that for the second or subsequent consecutive fiscal
year, and with respect to fiscal year 2019 and any fiscal year
thereafter for which the Secretary determines that for the
third''.
SEC. 4029. STATE PERFORMANCE INDICATORS.
Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(d)) is amended--
(1) by striking the heading and inserting ``State
Performance Indicators'',
(2) in paragraph (2)--
(A) in the heading by striking ``and thereafter''
and inserting ``through 2017'',
(B) in subparagraph (A) by striking ``and each
fiscal year thereafter'' and inserting ``through fiscal
year 2017'', and
(C) in subparagraph (B) by striking ``and each
fiscal year thereafter'' and inserting ``through fiscal
year 2017'', and
(3) by adding at the end the following:
``(6) Fiscal year 2018 and fiscal years thereafter.--With
respect to fiscal year 2018 and each fiscal year thereafter,
the Secretary shall establish, by regulation, performance
criteria relating to--
``(A) actions taken to correct errors, reduce rates
of error, and improve eligibility determinations; and
``(B) other indicators of effective administration
determined by the Secretary.''.
SEC. 4030. PUBLIC-PRIVATE PARTNERSHIPS.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended by adding at the end the following:
``(m) Pilot Projects to Encourage the Use of Public-private
Partnerships Committed to Addressing Food Insecurity.--
``(1) In general.--The Secretary may, on application,
permit not more than 10 eligible entities to carry out pilot
projects to support public-private partnerships that address
food insecurity and poverty.
``(2) Definition.--For purposes of this subsection, an
`eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a nonprofit organization;
``(D) a community-based organization; and
``(E) an institution of higher education.
``(3) Project requirements.--Projects approved under this
subsection shall be limited to 2 years in length and evaluate
the impact of the ability of eligible entities to--
``(A) improve the effectiveness and impact of the
supplemental nutrition assistance program;
``(B) develop food security solutions that are
contextualized to the needs of a community or region;
and
``(C) strengthen the capacity of communities to
address food insecurity and poverty.
``(4) Reporting.--Participating entities shall report
annually to the Secretary who shall submit a final report to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate. Such report shall include--
``(A) a summary of the activities conducted under
the pilot projects;
``(B) an assessment of the effectiveness of the
pilot projects; and
``(C) best practices regarding the use of public-
private partnerships to improve the effectiveness of
public benefit programs to address food insecurity and
poverty.
``(5) Authorization and advance availability of
appropriations.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $5,000,000 to remain available until
expended.
``(B) Appropriation in advance.--Only funds
appropriated under subparagraph (A) in advance
specifically to carry out this subsection shall be
available to carry out this subsection.''.
SEC. 4031. AUTHORIZATION OF APPROPRIATIONS.
The 1st sentence of section 18(a)(1) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2027(a)(1)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 4032. EMERGENCY FOOD ASSISTANCE.
Section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036(a)) is amended--
(1) in paragraph (1) by striking ``2018'' and inserting
``2023'',
(2) in paragraph (2)--
(A) in subparagraph (C) by striking ``2018'' and
inserting ``2023'',
(B) in subparagraph (D)--
(i) by striking ``2018'' the 1st place it
appears and inserting ``2019'',
(ii) in clause (iii) by striking ``and'' at
the end, and
(iii) by adding at the end the following:
``(v) for fiscal year 2019, $60,000,000;
and'', and
(C) in subparagraph (E)--
(i) by striking ``2019'' and inserting
``2020'',
(ii) by striking ``(D)(iv)'' and inserting
``(D)(v)'', and
(iii) by striking ``2017'' and inserting
``2018'', and
(3) by adding at the end the following:
``(4) Farm-to-food-bank fund.--From amounts made available
under subparagraphs (D) and (E) of paragraph (2), the Secretary
shall distribute $20,000,000 in accordance with section 214 of
the Emergency Food Assistance Act of 1983 (7 U.S.C. 7515) that
States shall use to procure or enter into agreements with a
food bank to procure excess fresh fruits and vegetables grown
in the State, or surrounding regions in the United States, to
be provided to eligible recipient agencies as defined in
section 201A(3) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501(3)).''.
SEC. 4033. NUTRITION EDUCATION.
(a) Nutrition Education and Obesity Prevention Grant Program.--
Section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--As used in this section:
``(1) Eligible individual.--The term `eligible individual'
means an individual who is eligible to receive benefits under a
nutrition education and obesity prevention program under this
section as a result of being--
``(A) an individual eligible for benefits under--
``(i) this Act;
``(ii) sections 9(b)(1)(A) and 17(c)(4) of
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(b)(1)(A), 1766(c)(4)); or
``(iii) section 4(e)(1)(A) of the Child
Nutrition Act of 1966 (42 U.S.C.
1773(e)(1)(A));
``(B) an individual who resides in a community with
a significant low-income population, as determined by
the Secretary; or
``(C) such other low-income individual as is
determined to be eligible by the Secretary.
``(2) Eligible institution.--The term `eligible
institution' includes any `1862 Institution' or `1890
Institution', as defined in section 2 of the Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601).'',
(2) in subsection (b) by striking ``Consistent with the
terms and conditions of grants awarded under this section,
State agencies may'' and inserting ``The Secretary, acting
through the Director of the National Institute of Food and
Agriculture, in consultation with the Administrator of the Food
and Nutrition Service, shall'',
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Consistent with the terms and conditions
of grants awarded under this section, eligible institutions
shall deliver nutrition education and obesity prevention
services under a program described in subsection (b) that--
``(A) to the extent practicable, provide for the
employment and training of professional and
paraprofessional aides from the target population to
engage in direct nutrition education; and
``(B) partner with other public and private
entities as appropriate to optimize program
delivery.'',
(B) in paragraph (2)--
(i) by amending subparagraph (A) to read as
follows:
``(A) In general.--A State agency, in consultation
with eligible institutions that provide nutrition
education and obesity prevention services under this
subsection, shall submit to the Secretary for approval
a nutrition education State plan.'',
(ii) in subparagraph (B) by striking
``Except as provided in subparagraph (C), a''
and inserting ``A'', and
(iii) by striking subparagraph (C),
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``A State agency''
and inserting ``An eligible
institution'', and
(II) by inserting ``the Director of
the National Institute of Food and
Agriculture and'' after ``by'', and
(ii) in subparagraph (B) by inserting ``the
Director of the National Institute of Food and
Agriculture and'' after ``education,'', and
(D) in paragraph (4) by inserting ``and eligible
institutions'' after ``agencies'', and
(E) in paragraph (5) by striking ``State agency''
and inserting ``eligible institutions'',
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the heading by striking ``In
general'' and inserting ``Basic funding'',
(ii) by striking ``to State agencies'',
(iii) in subparagraph (E) by striking
``and'' at the end,
(iv) in subparagraph (F)--
(I) by striking ``year 2016 and
each subsequent fiscal year'' and
inserting ``years 2016 through 2018'',
and
(II) by striking the period at the
end and inserting a semicolon, and
(v) by adding at the end the following:
``(G) for fiscal year 2019, $485,000,000; and
``(H) for fiscal year 2020 and each subsequent
fiscal year, the applicable amount during the preceding
fiscal year, as adjusted to reflect any increases for
the 12-month period ending the preceding June 30 in the
Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the Department of
Labor.'',
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``and appropriated under
the authority of paragraph (2)'' after
``paragraph (1)'', and
(II) in clause (ii)--
(aa) by inserting ``(as that
section existed on the day before the
date of the enactment of the
Agriculture and Nutrition Act of
2018)'' after ``(B)'' and
(bb) in subclause (V) by striking
``and each fiscal year thereafter'',
and
(ii) by amending subparagraph (B) to read as
follows:
``(C) Reallocation.--If the Secretary determines
that an eligible institution will not expend all of the
funds allocated to the eligible institution for a
fiscal year under paragraph (1) or in the case of an
eligible institution that elects not to receive the
entire amount of funds allocated to the eligible
institution for a fiscal year, the Secretary shall
reallocate the unexpended funds to other eligible
institutions during the fiscal year or the subsequent
fiscal year (as determined by the Secretary) that have
approved State plans under which the eligible
institutions may expend the reallocated funds.'', and
(iii) by inserting after subparagraph (A) the
following:
``(B) Subsequent allocation.--Of the funds set
aside under paragraph (1) and appropriated under the
authority of paragraph (2) for fiscal year 2019 and
each fiscal year thereafter, 100 percent shall be
allocated to eligible institutions pro rata based on
the respective share of each State of the number of
individuals participating in the supplemental nutrition
assistance program during the 12-month period ending
the preceding January 31, as determined by the
Secretary.'',
(C) in paragraph (3)(B) by inserting ``, other than those
incurred by State agencies in preparing State plans pursuant to
subsection (c)(2) and notifying applicants, participants, and
eligible individuals pursuant to subsection (c)(4),'' after
``this section'',
(D) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively,
(E) by inserting after paragraph (1) the following:
``(2) Authorization and advance availability of
appropriations.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$65,000,000 for each of the fiscal years 2019 through
2023.
``(B) Appropriation in advance.--Except as provided
in subparagraph (C), only funds appropriated under
subparagraph (A) in advance specifically to carry out
this section shall be available to carry out this
section.
``(C) Other funds.--Funds appropriated under this
paragraph shall be in addition to funds made available
under paragraph (1).
``(D) Funds availability.--Funds appropriated under
this paragraph shall remain available for obligation
for a period of 2 fiscal years.'', and
(F) by inserting after paragraph (4), as so
redesignated, the following:
``(5) Administrative costs.--Not more than 10 percent of
the funds allocated to eligible institutions may be used by the
eligible institutions for administrative costs.'', and
(5) in subsection (e) by striking ``January 1, 2012'' and
inserting ``18 months after the date of the enactment of the
Agriculture and Nutrition Act of 2018''.
(b) Related Amendment.--Section 18(a)(3)(A)(ii) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2027(a)(3)(A)(ii)) is amended by
striking ``, such as the expanded food and nutrition education
program''.
SEC. 4034. RETAIL FOOD STORE AND RECIPIENT TRAFFICKING.
Section 29(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036b(c)(1)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 4035. TECHNICAL CORRECTIONS.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended--
(1) in section 3--
(A) in subsections (d) and (i) by striking ``7(i)''
and inserting ``7(h)'', and
(B) in subsection (o)(1)(A) by striking ``(r)(1)''
and inserting ``(q)(1)'',
(2) in section 5(a) by striking ``and section'' each place
it appears and all that follows through ``households'' the
respective next place it appears, and inserting ``and section
3(m)(4), households'',
(3) in subsections (e)(1) and (f)(1)(A)(i) of section 8 by
striking ``3(n)(5)'' and inserting ``3(m)(5)'',
(4) in the 1st sentence of section 10--
(A) by striking ``or the Federal Savings and Loan
Insurance Corporation'' each place it appears, and
(B) by striking ``3(p)(4)'' and inserting
``3(o)(4)'',
(5) in section 11--
(A) in subsection (a)(2) by striking ``3(t)(1)''
and inserting ``3(s)(1)'', and
(B) in subsection (d)--
(i) by striking ``3(t)(1)'' each place it
appears and inserting ``3(s)(1)'', and
(ii) by striking ``3(t)(2)'' each place it
appears and inserting ``3(s)(2)'',
(C) in subsection (e)--
(i) in paragraph (17) by striking
``3(t)(1)'' inserting ``3(s)(1)'', and
(ii) in paragraph (23) by striking
``Simplified Supplemental Nutrition Assistance
Program'' and inserting ``simplified
supplemental nutrition assistance program'',
(6) in section 15(e) by striking ``exchange'' and all that
follows through ``anything'', and inserting ``exchange for
benefits, or anything'',
(7) in section 17(b)(1)(B)(iv)(III)(aa) by striking
``3(n)'' and inserting ``3(m)'',
(8) in section 25(a)(1)(B)(i)(I) by striking the 2d
semicolon at the end, and
(9) in section 26(b) by striking ``out'' and all that
follows through ``(referred'', and inserting ``out a simplified
supplemental nutrition assistance program (referred''.
SEC. 4036. IMPLEMENTATION FUNDS.
Out of any funds made available under section 18(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2027(a)) for fiscal year 2019, the
Secretary shall use to carry out the amendments made by this subtitle
$150,000,000, to remain available until expended.
SEC. 4037. MULTIVITAMIN-MINERAL DIETARY SUPPLEMENTS ELIGIBLE FOR
PURCHASE WITH SUPPLEMENTAL NUTRITION ASSISTANCE BENEFITS.
Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is
amended--
(1) in subsection (k) by--
(A) striking ``and (9)'' and inserting ``(9)'', and
(B) inserting before the period at the end the
following: ``, and (10) a multivitamin-mineral dietary
supplement for home consumption'',
(2) by inserting after subsection (m) the following:
``(m-1) `Multivitamin-mineral dietary supplement' means a substance
that--
``(1) provides at least half of the vitamins and minerals
for which the National Academy of Medicine establishes dietary
reference intakes, at 50 percent or more of the daily value for
the intended life stage per daily serving as determined by the
Food and Drug Administration; and
``(2) does not exceed the tolerable upper intake levels for
those nutrients for which an established tolerable upper intake
level is determined by the National Academy of Medicine.'', and
(3) in subsection (q)(2) by striking ``and spices'' and
inserting ``spices, and multivitamin-mineral dietary
supplements''.
SEC. 4038. REVIEW OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
OPERATIONS.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018), as
amended by section 4026, is amended by adding at the end the following:
``(j) Review of Program Operations.--
``(1) The Secretary--
``(A) shall review a representative sample of
currently authorized retail food stores as defined in
subsections (o)(2) and (k)(3) of section 3 to determine
whether benefits are properly used by or on behalf of
participating households residing in such facilities
and whether such facilities are using more than one
source of Federal or State funding to meet the food
needs of residents;
``(B) may carry out similar reviews for currently
participating residential drug and alcohol treatment
and rehabilitation programs, and group living
arrangements for the blind and disabled;
``(C) shall gather information and these entities
shall be required to submit information deemed
necessary for a full and thorough review; and
``(D) shall report the results of these reviews to
the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition and Forestry of the Senate not later than 3
years after the date of the enactment of the Food and
Nutrition Act of 2018, along with recommendations as to
any additional requirements or oversight that would be
appropriate for such facilities and retailers, and
whether these entities should continue to be authorized
to participate in the supplemental nutrition assistance
program.
``(2) Nothing in this section shall authorize the Secretary
to deny any application for continued authorization, any
application for authorization, or any request to withdraw the
authorization of any facility or entity referenced in
subsections (o)(2) and (k)(3) of section 3 based on a
determination that residents of any such facility or entity are
residents of an institution prior to--
``(A) the submission of the report described in
paragraph (1)(D); or
``(B) 3 years after the date of enactment of the
Food and Nutrition Act of 2018;
whichever is earlier.''.
SEC. 4039. DISQUALIFICATION OF CERTAIN CONVICTED FELONS.
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015), as
amended by section 4015, is amended in subsection (p)(1)--
(1) in subparagraph (A) by striking ``: and'' at the end
and inserting a period, and
(2) by striking subparagraph (B).
SEC. 4040. DETERMINATION OF AMOUNT OF BLOCK GRANT PAYABLE TO PUERTO
RICO.
(a) Study.--With funds appropriated to carry out this subsection,
the Secretary of Agriculture shall conduct a study to determine the
feasibility and impact of using a thrifty food plan developed
exclusively to apply under section 19(a)(2)(A)(ii) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2028(a)(2)(A)) to calculate the amount
of the block grant payable to Puerto Rico.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsection (a).
(c) Appropriation in Advance.--Only funds appropriated under
subsection (b) in advance specifically to carry out subsection (a)
shall be available to carry out such subsection.
SEC. 4041. SERVICE OF TRADITIONAL FOODS IN PUBLIC FACILITIES.
Section 4033 of the Agricultural Act of 2014 (128 STAT. 818) is
amended--
(1) in subsection (c) --
(A) by inserting ``, a State, a country equivalent,
or a local education agency,'' after ``programs'' the
1st place it appears,
(B) by striking `` and facilities operated by
tribal organizations, that primarily serve Indians''
and inserting ``and federally funded child nutrition
and senior meal programs,'', and
(2) in subsection (d)(1) --
(A) by striking ``and'' the 1st place it appears,
and
(B) by inserting ``, a State, a county or county
equivalent, a local educational agency, and an entity
or person authorized to facilitate the donation,
storage, preparation, or serving of traditional food by
the operator of a food service program'' after
``organization''.
SEC. 4042. EXTENSION OF STUDY ON COMPARABLE ACCESS TO SUPPLEMENTAL
NUTRITION ASSISTANCE FOR PUERTO RICO.
(a) Amendments.--Section 4142 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246; 122 STAT. 1881) is amended--
(1) in subsection (b) by striking ``this Act'' and
inserting ``Agriculture and Nutrition Act of 2018'', and
(2) in subsection (d)(1) by striking ``2008'' and inserting
``2018''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out section 4142 of
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122
STAT. 1881) as amended by subsection (a).
(c) Appropriation in Advance.--Only funds appropriated under
subsection (b) in advance specifically to carry out section 4142 of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122
STAT. 1881) as amended by subsection (a) shall be available to carry
out such section as so amended.
SEC. 4043. ADMINISTRATIVE FLEXIBILITY FOR STATES.
Section 11(e)(6)(B) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)(6)(B)) is amended to read as follows:
``(B) personnel of the State agency or, at the
option of the State agency and by contract with the
State agency, personnel of an entity that has no direct
or indirect financial interest in an approved retail
food store, may undertake such certification or carry
out any other function of the State agency under the
supplemental nutrition assistance program and without
restriction by the Secretary on the State agency's use
of nongovernmental employees to perform program
eligibility or any other administrative function to
carry out such program;''.
Subtitle B--Commodity Distribution Programs
SEC. 4101. COMMODITY DISTRIBUTION PROGRAM.
The 1st sentence of section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) is amended by striking
``2018'' and inserting ``2023''.
SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c note) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``2018'' and
inserting ``2023'', and
(B) in paragraph (2) by striking ``2018'' and
inserting ``2023'', and
(2) in subsection (d)(2) by striking ``2018'' and inserting
``2023''.
SEC. 4103. ELIGIBILITY FOR COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5(g) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note) is amended--
(1) by striking ``Except'' and inserting the following:
``(1) In general.--Except'', and
(2) by adding at the end the following:
``(2) Certification.--
``(A) Definition of certification period.--In this
paragraph, the term `certification period' means the
period that a participant in the commodity supplemental
food program may continue to receive benefits under
that program without a formal review of the eligibility
of the participant.
``(B) Minimum certification period.--Subject to
subparagraph (C), a State shall establish a
certification period of not less than 1 year.
``(C) Extensions.--On the request of a State, the
Secretary shall approve a State certification period of
more than 1 year on the condition that, on an annual
basis, the local agency in the State administering the
commodity supplemental food program--
``(i) verifies the address and continued
interest of each participant in receiving
program benefits; and
``(ii) has sufficient reason to determine
that the participant still meets the income
eligibility standards, which may include a
determination that the participant has a fixed
income.''.
SEC. 4104. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL NUTRITION
PROJECTS.
Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7
U.S.C. 1431e(a)(2)(A)) is amended by striking ``2018'' and inserting
``2023''.
Subtitle C--Miscellaneous
SEC. 4201. PURCHASE OF FRESH FRUITS AND VEGETABLES FOR DISTRIBUTION TO
SCHOOLS AND SERVICE INSTITUTIONS.
Section 10603(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 612c-4(b)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 4202. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
Section 4402(a) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3007(a)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 4203. HEALTHY FOOD FINANCING INITIATIVE.
Section 243(d) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6953) is amended by striking ``until expended'' and
inserting ``until October 1, 2023''.
SEC. 4204. AMENDMENTS TO THE FRUIT AND VEGETABLE PROGRAM.
Section 19 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769a) is amended--
(1) in the section heading, by striking ``fresh'' ;
(2) in subsection (a), by inserting ``, canned, dried,
frozen, or pureed'' after ``fresh'';
(3) in subsection (b), by inserting ``, canned, dried,
frozen, or pureed'' after ``fresh''; and
(4) in subsection (e), by inserting ``, canned, dried,
frozen, or pureed'' after ``fresh''.
SEC. 4205. REVIEW AND REVISION OF CERTAIN NUTRITION REGULATIONS.
(a) Review of Existing Regulations.--Not later than 90 days after
the date of the enactment of this Act and for the purposes described in
subsection (b), the Secretary shall review--
(1) the final regulations on ``National School Lunch
Program and School Breakfast Program: Nutrition Standards for
All Foods Sold in School as Required by the Healthy, Hunger-
Free Kids Act of 2010'' published by the Department of
Agriculture in the Federal Register on July 29, 2016 (81 Fed.
Reg. 50123 et seq.); and
(2) the final regulations on ``Nutrition Standards in the
National School Lunch and School Breakfast Programs'' published
by the Department of Agriculture in the Federal Register on
January 26, 2012 (77 Fed. Reg. 4088 et seq.).
(b) Finalizing New Regulations.--Not later than 1 year after the
date of the enactment of this Act, the Secretary, in consultation with
school nutrition personnel and school leaders (including school
administrators, school boards, and parents), shall finalize new
regulations that revise the regulations described in subsection (a)
based on the review of such regulations under such subsection,
including any requirements for milk, to ensure that the requirements of
such regulations--
(1) are based on research based on school-age children;
(2) do not add costs in addition to the reimbursements
required to carry out the school lunch program authorized under
the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) or the school breakfast program established by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
and
(3) maintain healthy meals for students.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 5101. MODIFICATION OF THE 3-YEAR EXPERIENCE ELIGIBILITY
REQUIREMENT FOR FARM OWNERSHIP LOANS.
Section 302(b) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1922(b)) is amended by adding at the end the following:
``(4) Waiver authority.--In the case of a qualified
beginning farmer or rancher, the Secretary may--
``(A) reduce the 3-year requirement in paragraph
(1) to--
``(i) 2 years, if the farmer or rancher
has--
``(I) 16 credit hours of post-
secondary education in a field related
to agriculture;
``(II) at least 1 year of direct
substantive management experience in a
business;
``(III) been honorably discharged
from the armed forces of the United
States;
``(IV) successfully repaid a youth
loan made under section 311(b); or
``(V) an established relationship
with an individual participating as a
counselor in a Service Corps of Retired
Executives program authorized under
section 8(b)(1)(B) of the Small
Business Act (15 U.S.C. 637(b)(1)(B)),
or with a local farm or ranch operator
or organization, approved by the
Secretary, that is committed to
mentoring the farmer or rancher; or
``(ii) 1 year, if the farmer or rancher has
military leadership or management experience
from having completed an acceptable military
leadership course; or
``(B) waive the 3-year requirement in paragraph (1)
if the farmer or rancher--
``(i) meets a requirement of subparagraph
(A)(i) (other than subclause (V) thereof) and
meets the requirement of subparagraph (A)(ii);
and
``(ii) meets the requirement of
subparagraph (A)(i)(V).''.
SEC. 5102. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
Section 304(h) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1924(h)) is amended--
(1) by striking ``$150,000,000'' and inserting
``$75,000,000''; and
(2) by striking ``2018'' and inserting ``2023''.
SEC. 5103. FARM OWNERSHIP LOAN LIMITS.
Section 305(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1925(a)) is amended--
(1) by striking ``$700,000'' and inserting ``$1,750,000'';
and
(2) by striking ``2000'' and inserting ``2019''.
Subtitle B--Operating Loans
SEC. 5201. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
Section 313(a)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1943(a)(1)) is amended--
(1) by striking ``$700,000'' and inserting ``$1,750,000'';
and
(2) by striking ``2000'' and inserting ``2019''.
SEC. 5202. MICROLOANS.
Section 313(c)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1943(c)(2)) is amended by striking ``title'' and
inserting ``subsection''.
Subtitle C--Administrative Provisions
SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS
PILOT PROGRAM.
Section 333B(h) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1983b(h)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 5302. LOAN AUTHORIZATION LEVELS.
Section 346(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994(b)(1)) is amended in the matter preceding
subparagraph (A) by striking ``2018'' and inserting ``2023''.
SEC. 5303. LOAN FUND SET-ASIDES.
Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle D--Technical Corrections to the Consolidated Farm and Rural
Development Act
SEC. 5401. TECHNICAL CORRECTIONS TO THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT.
(a)(1) Section 310E(d)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1935(d)(3)) is amended by inserting ``and
socially disadvantaged farmers or ranchers'' after ``ranchers'' the
second place it appears.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 5004(4)(A)(i) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246) in lieu of
the amendment made by such section.
(b)(1) Section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) is amended in the second sentence by
striking ``and limited liability companies'' and inserting ``limited
liability companies, and such other legal entities''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 5201 of the Agricultural Act of
2014 (Public Law 113-79) in lieu of the amendment made by such section.
(c)(1) Section 331D(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981d(e)) is amended by inserting after
``within 60 days after receipt of the notice required in this section''
the following: ``or, in extraordinary circumstances as determined by
the applicable State director, after the 60-day period''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 10 of the Agricultural Credit
Improvement Act of 1992 (Public Law 102-554).
(d)(1) Section 333A(f)(1)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983a(f)(1)(A)) is amended by striking
``114'' and inserting ``339''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 14 of the Agricultural Credit
Improvement Act of 1992 (Public Law 102-554).
(e) Section 339(d)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C.1989(d)(3)) is amended by striking ``preferred
certified lender'' and inserting ``Preferred Certified Lender''.
(f)(1) Section 343(a)(11)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(11)(C)) is amended by striking ``or
joint operators'' and inserting ``joint operator, or owners''.
(2) The amendment made by this subsection shall take effect as of
the effective date of section 5303(a)(2) of the Agricultural Act of
2014.
(g)(1) Section 343(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(b)) is amended by striking ``307(e)''
and inserting ``307(d)''.
(2) The amendment made by paragraph (1) shall take effect as if
included in the enactment of section 5004 of the Agricultural Act of
2014 (Public Law 113-79).
(h) Section 346(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C.1994(a)) is amended by striking the last comma.
Subtitle E--Amendments to the Farm Credit Act of 1971
SEC. 5501. ELIMINATION OF OBSOLETE REFERENCES.
(a) Section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C.
2002(a)) is amended to read as follows:
``(a) Composition.--The Farm Credit System shall include the Farm
Credit Banks, banks for cooperatives, Agricultural Credit Banks, the
Federal land bank associations, the Federal land credit associations,
the production credit associations, the Agricultural Credit
Associations, the Federal Farm Credit Banks Funding Corporation, the
Federal Agricultural Mortgage Corporation, service corporations
established pursuant to section 4.25 of this Act, and such other
institutions as may be made a part of the System, all of which shall be
chartered by and subject to regulation by the Farm Credit
Administration.''.
(b) Section 2.4 of such Act (12 U.S.C. 2075) is amended by striking
subsection (d).
(c) Section 3.0 of such Act (12 U.S.C. 2121) is amended--
(1) in the 3rd sentence, by striking ``and a Central Bank
for Cooperatives''; and
(2) by striking the 5th sentence.
(d) Section 3.2(a)(1) of such Act (12 U.S.C. 2123(a)(1)) is
amended--
(1) by striking ``not merged into the United Bank for
Cooperatives or the National Bank for Cooperatives''; and
(2) by adding at the end the following: ``Section 7.12(c)
shall apply to the board of directors of a merged bank for
cooperatives.''.
(e) Section 3.2(a)(2)(A) of such Act (12 U.S.C. 2123(a)(2)(A)) is
amended by striking ``(other than the National Bank for
Cooperatives)''.
(f) Section 3.2 of such Act (12 U.S.C. 2123) is amended--
(1) by striking subsection (b);
(2) in subsection (a)(2)(B), by striking ``paragraph'' and
inserting ``subsection'';
(3) by striking ``(a)(1)'' and inserting ``(a)'';
(4) by striking ``(2)(A)'' and inserting ``(b)(1)'';
(5) by striking ``(i)'' and inserting ``(A)'';
(6) by striking ``(ii)'' and inserting ``(B)''; and
(7) by striking ``(B)'' and inserting ``(2)''.
(g) Section 3.5 of such Act (12 U.S.C. 2126) is amended by striking
``district''.
(h) Section 3.7(a) of such Act (12 U.S.C. 2128(a)) is amended by
striking the second sentence.
(i) Section 3.8(b)(1)(A) of such Act (12 U.S.C. 2129(b)(1)(A)) is
amended by inserting ``(or successor agency)'' after ``Rural
Electrification Administration''.
(j) Section 3.9(a) of such Act (12 U.S.C. 2130(a)) is amended by
striking the 3rd sentence.
(k) Section 3.10(c) of such Act (12 U.S.C. 2131(c)) is amended by
striking the second sentence.
(l) Section 3.10(d) of such Act (12 U.S.C. 2131(d)) is amended--
(1) by striking ``district'' each place it appears; and
(2) by inserting ``for cooperatives or successor bank''
before ``on account of such indebtedness''.
(m) Section 3.11 of such Act (12 U.S.C. 2132) is amended--
(1) in subsection (a), by striking ``subsections (b) and
(c)'' and inserting ``subsection (b)'';
(2) in subsection (b)--
(A) by striking ``district''; and
(B) by striking ``Except as provided in subsection
(c) below, all'' and inserting ``All''; and
(3) by striking subsection (c) and redesignating
subsections (d) through (f) as subsections (c) through (e),
respectively.
(n) The heading for part B of title III of such Act is amended by
striking ``United and''.
(o) Section 3.20(a) of such Act (12 U.S.C. 2141(a)) is amended by
striking ``or the United Bank for Cooperatives, as the case may be''.
(p) Section 3.20(b) of such Act (12 U.S.C. 2141(b)) is amended by
striking ``the district banks for cooperatives and the Central Bank for
Cooperatives'' and inserting ``all constituent banks referred to in
section 413 of the Agricultural Credit Act of 1987''.
(q) Section 3.21 of such Act (12 U.S.C. 2142) is repealed.
(r) Section 3.28 of such Act (12 U.S.C. 2149) is amended by
striking ``a district bank for cooperatives and the Central Bank for
Cooperatives'' and inserting ``its constituent banks referred to in
section 413 of the Agricultural Credit Act of 1987''.
(s) Section 3.29 of such Act (12 U.S.C. 2150) is repealed.
(t)(1) Section 4.0 of such Act (12 U.S.C. 2151) is repealed.
(2) Section 5.60(b) of such Act (12 U.S.C. 2277a-9(b)) is amended
to read as follows:
``(b) Amounts in Fund.--The Corporation shall deposit in the
Insurance Fund all premium payments received by the Corporation under
this part.''.
(u)(1) Section 4.8 of such Act (12 U.S.C. 2159) is amended--
(A) by striking ``(a)''; and
(B) by striking subsection (b).
(2) Section 1.1(c) of such Act (12 U.S.C. 2001(c)) is amended by
striking ``including any costs of defeasance under section 4.8(b),''.
(v) Section 4.9(d)(2) of such Act (12 U.S.C. 2160(d)(2)) is amended
to read as follows:
``(2) Representation on board.--The Farm Credit System
Insurance Corporation shall have no representation on the board
of directors of the Corporation.''.
(w) Section 4.9 of such Act (12 U.S.C. 2160) is amended by striking
subsection (e) and redesignating subsection (f) as subsection (e).
(x) Section 4.9A(c) of such Act (12 U.S.C. 2162(c)) is amended to
read as follows:
``(c) Inability to Retire Stock at Par Value.--If an institution is
unable to retire eligible borrower stock at par value due to the
liquidation of the institution, the Farm Credit System Insurance
Corporation, acting as receiver, shall retire such stock at par value
as would have been retired in the ordinary course of business of the
institution. The Farm Credit System Insurance Corporation shall make
use of sufficient funds from the Farm Credit Insurance Fund to carry
out this section.''.
(y) Section 4.12A(a)(1) of such Act (12 U.S.C. 2184(a)(1)) is
amended to read as follows:
``(1) In general.--Every Farm Credit System bank or
association shall provide a current list of its stockholders,
within 7 calendar days after receipt of a written request by a
stockholder, to the requesting stockholder.''.
(z) Section 4.14A(a) of such Act (12 U.S.C. 2202a(a)) is amended by
inserting ``and section 4.36'' after ``As used in this part''.
(aa)(1) Section 4.14A of such Act (12 U.S.C. 2202a) is amended--
(A) in subsection (l), by striking ``production credit'';
and
(B) by striking subsection (h) and redesignating
subsections (i) through (l) as subsections (h) through (k),
respectively.
(2)(A) Section 5.31 of such Act (12 U.S.C. 2267) is amended by
striking ``4.14A(i)'' and inserting ``4.14A(h)''.
(B) Section 5.32(h) of such Act (12 U.S.C. 2268(h)) is amended by
striking ``4.14A(i)'' and inserting ``4.14A(h)''.
(bb)(1) Section 4.14C of such Act (12 U.S.C. 2202c) is repealed.
(2)(A) Section 4.14A(a)(5)(B)(ii)(I) of such Act (12 U.S.C.
2202a(a)(5)(B)(ii)(I)) is amended by striking ``4.14C,''.
(B) Section 8.9 of such Act (12 U.S.C. 2279aa-9) is amended by
striking ``4.14C,'' each place it appears.
(cc) Section 4.17 of such Act (12 U.S.C. 2205) is amended by
striking ``Federal intermediate credit banks and''.
(dd) Section 4.19(a) of such Act (12 U.S.C. 2207(a)) is amended--
(1) by striking ``district'';
(2) by striking ``Federal land bank association and
production credit''; and
(3) by striking ``units'' and inserting ``institutions''.
(ee) Section 4.38 of such Act (12 U.S.C. 2219c) is amended by
striking ``The Assistance Board established under section 6.0 and all''
and inserting ``All''.
(ff) Section 5.17(a)(2) of such Act (12 U.S.C. 2252(a)(2)) is
amended by striking the second and 3rd sentences.
(gg) Section 5.18 of such Act (12 U.S.C. 2253) is repealed.
(hh) Section 5.19(a) of such Act (12 U.S.C. 2254(a)) is amended--
(1) by striking ``Except for Federal land bank
associations, each'' and inserting ``Each''; and
(2) by striking the second sentence.
(ii) Section 5.19(b) of such Act (12 U.S.C. 2254(b)) is amended--
(1) in the second sentence of paragraph (1), by striking
``except with respect to any actions taken by any banks of the
System under section 4.8(b),'';
(2) by striking the third sentence of paragraph (1);
(3) by striking ``(b)(1)'' and inserting ``(b)''; and
(4) by striking paragraphs (2) and (3).
(jj) Section 5.35(4) of such Act (12 U.S.C. 2271(4)) is amended--
(1) in subparagraph (C)--
(A) by striking ``after December 31, 1992,''; and
(B) by striking ``by the Farm Credit System
Assistance Board under section 6.6 or''; and
(2) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B).
(kk) Section 5.38 of such Act (12 U.S.C. 2274) is amended by
striking ``a farm credit district board, bank board, or bank officer or
employee shall not remove any director or officer of any production
credit association or Federal land bank association'' and inserting ``a
Farm Credit Bank board, officer, or employee shall not remove any
director or officer of any association''.
(ll) Section 5.44 of such Act (12 U.S.C. 2275) is repealed.
(mm) Section 5.58(2) of such Act (12 U.S.C. 2277a-7) is amended by
striking the second sentence.
(nn) Subtitle A of title VI of such Act (12 U.S.C. 2278a-2278a-11)
is repealed.
(oo) Title VI of such Act (12 U.S.C. 2278a-2278b-11) is amended by
adding at the end the following:
``SEC. 6.32. TERMINATION OF AUTHORITY.
``The authority provided in this subtitle shall terminate on
December 31, 2018.''.
(pp) Section 7.9 of such Act (12 U.S.C. 2279c-2) is amended by
striking subsection (c).
(qq) Section 7.10(a)(4) of such Act (12 U.S.C. 2279d(a)(4)) is
amended to read as follows:
``(4) the institution pays to the Farm Credit Insurance
Fund the amount by which the total capital of the institution
exceeds 6 percent of the assets;''.
(rr) Section 8.0(2) of such Act (12 U.S.C. 2279aa(2)) is amended to
read as follows:
``(2) Board.--The term `Board' means the board of directors
established under section 8.2.''.
(ss)(1) Section 8.0 of such Act (12 U.S.C. 2279aa) is amended by
striking paragraphs (6) and (8), and redesignating paragraphs (7), (9),
and (10) as paragraphs (6) through (8), respectively.
(2)(A) Section 4.39 of such Act (12 U.S.C. 2219d) is amended by
striking ``8.0(7)'' and inserting ``8.0(6)''.
(B) Section 8.6(e)(2) of such Act (12 U.S.C. 2279aa-6(e)(2)) is
amended by striking ``8.0(9)'' and inserting ``8.0(7)''.
(C) Section 8.11(e) of such Act (12 U.S.C. 2279aa-11(e)) is amended
by striking ``8.0(7)'' and inserting ``8.0(6)''.
(D) Section 8.32(a)(1)(B) of such Act (12 U.S.C. 2279bb-1(a)(1)(B))
is amended by striking ``8.0(9)(C)'' and inserting ``8.0(7)(C)''.
(tt)(1) Section 8.2 of such Act (12 U.S.C. 2279aa-2) is amended--
(A) in subsection (b)--
(i) in the subsection heading, by striking
``Permanent Board'' and inserting ``Board of
Directors'';
(ii) by striking paragraph (1) and inserting the
following:
``(1) Establishment.--The Corporation shall be under the
management of the Board of Directors.'';
(iii) by striking paragraph (3) and redesignating
paragraphs (4) through (10) as paragraphs (3) through
(9), respectively; and
(iv) by striking ``permanent'' each place it
appears in paragraphs (2), and (3) through (9) (as so
redesignated); and
(B) by striking subsection (a) and redesignating
subsections (b) and (c) as subsections (a) and (b),
respectively.
(2) Section 8.4(a)(1) of such Act (12 U.S.C. 2279aa-4) is amended--
(A) by striking the 3rd sentence;
(B) by inserting after the 1st sentence the following:
``Voting common stock shall be offered to banks, other
financial entities, insurance companies, and System
institutions under such terms and conditions as the Board may
adopt. The voting stock shall be fairly and broadly offered to
ensure that no institution or institutions acquire a
disproportionate amount of the total amount of voting common
stock outstanding of a class and that capital contributions and
issuances of voting common stock for the contributions are
fairly distributed between entities eligible to hold Class A
and Class B stock, as provided under this paragraph.'';
(C) by striking ``8.2(b)(2)(A)'' and inserting
``8.2(a)(2)(A)''; and
(D) by striking ``8.2(b)(2)(B)'' and inserting
``8.2(a)(2)(B)''.
(uu)(1) Section 8.6 of such Act (12 U.S.C. 2279aa-6) is amended by
striking subsection (d) and redesignating subsection (e) as subsection
(d).
(2)(A) Paragraph (7)(B)(i) of section 8.0 of such Act (12 U.S.C.
2279aa), as redesignated by subsection (ss)(1), is amended by striking
``through (d)'' and inserting ``and (c)''.
(B) Section 8.33(b)(2)(A) of such Act (12 U.S.C. 2279bb-2(b)(2)(A))
is amended by striking ``8.6(e)'' and inserting ``8.6(d)''.
(vv) Section 8.32(a) of such Act (12 U.S.C. 2279bb-1(a)) is amended
by striking ``Not sooner than the expiration of the 3-year period
beginning on the date of enactment of the Farm Credit System Reform Act
of 1996, the'' and inserting ``The''.
(ww) Section 8.35 of such Act (12 U.S.C. 2279bb-4) is amended by
striking subsection (e).
(xx) Section 8.38 of such Act (12 U.S.C. 2279bb-7) is repealed.
SEC. 5502. CONFORMING REPEALS.
(a) Sections 4, 5, 6, 7, 8, 14, and 15 of the Agricultural
Marketing Act (12 U.S.C. 1141b, 1141c, 1141d, 1141e, 1141f, 1141i, and
1141j) are repealed.
(b) The Act of June 22, 1939, (Chapter 239; 53 Stat. 853; 12 U.S.C.
1141d-1) is repealed.
(c) Section 201 of the Emergency Relief and Construction Act of
1932 (12 U.S.C. 1148) is repealed.
(d) Section 2 of the Act of July 14, 1953, (Chapter 192; 67 Stat.
150; 12 U.S.C. 1148a-4) is repealed.
(e) Sections 32 through 34 of the Farm Credit Act of 1937 (12
U.S.C. 1148b, 1148c, and 1148d) are repealed.
(f) Sections 1 through 4 of the Act of March 3, 1932, (12 U.S.C.
1401 through 1404) are repealed.
SEC. 5503. FACILITY HEADQUARTERS.
Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C. 2251) is
amended by striking all that precedes ``to the rental of quarters'' and
inserting the following:
``SEC. 5.16. QUARTERS AND FACILITIES FOR THE FARM CREDIT
ADMINISTRATION.
``(a) The Farm Credit Administration shall maintain its principal
office within the Washington D.C.-Maryland-Virginia standard
metropolitan statistical area, and such other offices within the United
States as in its judgment are necessary.
``(b) As an alternate''.
SEC. 5504. SHARING PRIVILEGED AND CONFIDENTIAL INFORMATION.
Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 2254) is
amended by adding at the end the following:
``(e) A System institution shall not be considered to have waived
the confidentiality of a privileged communication with an attorney or
accountant if the institution provides the content of the communication
to the Farm Credit Administration pursuant to the supervisory or
regulatory authorities of the Farm Credit Administration.''.
SEC. 5505. SCOPE OF JURISDICTION.
Part C of title V of the Farm Credit Act of 1971 (12 U.S.C. 2261-
2274) is amended by inserting after section 5.31 the following:
``SEC. 5.31A. SCOPE OF JURISDICTION.
``(a) For purposes of sections 5.25, 5.26, and 5.33, the
jurisdiction of the Farm Credit Administration over parties, and the
authority of the Farm Credit Administration to initiate actions, shall
include enforcement authority over institution-affiliated parties.
``(b) The resignation, termination of employment or participation,
or separation of an institution-affiliated party (including a
separation caused by the merger, consolidation, conservatorship, or
receivership of a System institution) shall not affect the jurisdiction
and authority of the Farm Credit Administration to issue any notice or
order and proceed under this part against any such party, if the notice
or order is served before the end of the 6-year period beginning on the
date the party ceased to be such a party with respect to the System
institution (whether the date occurs before, on, or after the date of
the enactment of this section).''.
SEC. 5506. DEFINITION.
Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271) is
amended--
(1) by striking ``and'' at the end of paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (5) and
inserting after paragraph (3) the following:
``(4) the term `institution-affiliated party' means--
``(A) any director, officer, employee, shareholder,
or agent of a System institution;
``(B) any independent contractor (including any
attorney, appraiser, or accountant) who knowingly or
recklessly participates in--
``(i) any violation of law (including
regulations) that is associated with the
operations and activities of 1 or more
institutions;
``(ii) any breach of fiduciary duty; or
``(iii) any unsafe or unsound practice,
which caused or is likely to cause more than a
minimal financial loss to, or a significant
adverse effect on, a System institution; and
``(C) any other person, as determined by the Farm
Credit Administration (by regulation or on a case-by-
case basis) who participates in the conduct of the
affairs of a System institution; and''.
SEC. 5507. EXPANSION OF ACREAGE EXCEPTION TO LOAN AMOUNT LIMITATION.
(a) In General.--Section 8.8(c)(2) of the Farm Credit Act of 1971
(12 U.S.C. 2279aa-8(c)(2)) is amended by striking ``1,000'' and
inserting ``2,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 1 year after the date a report submitted in accordance with
section 5602 of this Act indicates that it is feasible to increase the
acreage limitation in section 8.8(c)(2) of the Farm Credit Act of 1971
to 2,000 acres.
SEC. 5508. COMPENSATION OF BANK DIRECTORS.
Section 4.21 of the Farm Credit Act of 1971 (12 U.S.C. 2209) is
repealed.
SEC. 5509. PROHIBITION ON USE OF FUNDS.
Section 5.65 of the Farm Credit Act of 1971 (12 U.S.C. 2277a-14) is
amended by adding at the end the following:
``(e) Prohibition on Uses of Funds Related to Federal Agricultural
Mortgage Corporation.--No funds from administrative accounts or from
the Farm Credit System Insurance Fund may be used by the Corporation to
provide assistance to the Federal Agricultural Mortgage Corporation or
to support any activities related to the Federal Agricultural Mortgage
Corporation.''.
Subtitle F--Miscellaneous
SEC. 5601. STATE AGRICULTURAL MEDIATION PROGRAMS.
Section 506 of the Agricultural Credit Act of 1987 (7 U.S.C. 5106)
is amended by striking ``2018''and inserting ``2023''.
SEC. 5602. STUDY ON LOAN RISK.
(a) Study.--The Farm Credit Administration shall conduct a study
that--
(1) analyzes and compares the financial risks inherent in
loans made, held, securitized, or purchased by Farm Credit
banks, associations, and the Federal Agricultural Mortgage
Corporation and how such risks are required to be capitalized
under statute and regulations in effect as of the date of the
enactment of this Act; and
(2) assesses the feasibility of increasing the acreage
exception provided in section 8.8(c)(2) of the Farm Credit Act
of 1971 to 2,000 acres.
(b) Timeline.--The Farm Credit Administration shall provide the
results of the study required by subsection (a) to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate no later than 180
days after the date of the enactment of this Act.
SEC. 5603. GAO REPORT ON ABILITY OF THE FARM CREDIT SYSTEM TO MEET THE
AGRICULTURAL CREDIT NEEDS OF INDIAN TRIBES AND THEIR
MEMBERS.
(a) In General.--The Comptroller General of the United States
shall--
(1) study the agricultural credit needs of farms, ranches,
and related agricultural businesses that are owned or operated
by--
(A) Indian tribes on tribal lands; or
(B) enrolled members of Indian tribes on Indian
allotments; and
(2) determine whether the institutions of the Farm Credit
System have sufficient authority and resources to meet the
needs.
(b) Definition of Indian Tribe.--In subsection (a), the term
``Indian tribe'' means an Indian tribal entity that is eligible for
funding and services from the Bureau of Indian Affairs by virtue of the
status of the entity as an Indian tribe.
(c) Report to the Congress.--Within 90 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall prepare and submit to the Committees on Agriculture and on
Natural Resources of the House of Representatives a written report that
contains the findings of the study conducted under subsection (a). If
the Comptroller General finds that the institutions of the Farm Credit
System do not have sufficient authority or resources to meet the needs
referred to in subsection (a), the report shall include such
legislative and other recommendations as the Comptroller General
determines would result in a system under which the needs are met in an
equitable and effective manner.
TITLE VI--RURAL INFRASTRUCTURE AND ECONOMIC DEVELOPMENT
Subtitle A--Improving Health Outcomes in Rural Communities
SEC. 6001. PRIORITIZING PROJECTS TO MEET HEALTH CRISES IN RURAL
AMERICA.
(a) Temporary Prioritization of Rural Health Assistance.--Title VI
of the Rural Development Act of 1972 (7 U.S.C. 2204a-2204b) is amended
by adding at the end the following:
``SEC. 608. TEMPORARY PRIORITIZATION OF RURAL HEALTH ASSISTANCE.
``(a) Authority to Prioritize Certain Rural Health Applications.--
The Secretary, after consultation with such public health officials as
may be necessary, may announce a temporary reprioritization for certain
rural development loan and grant applications to assist rural
communities in responding to a specific health emergency.
``(b) Content of Announcement.--In the announcement, the Secretary
shall--
``(1) specify the nature of the emergency affecting the
health of rural Americans;
``(2) describe the actual and potential effects of the
emergency on the rural United States;
``(3) identify the services and treatments which can be
used to reduce those effects; and
``(4) publish the specific temporary changes needed to
assist rural communities in responding to the emergency.
``(c) Notice.--Not later than 48 hours after making or extending an
announcement under this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate, and
transmit to the Secretary of Health and Human Services, a written
notice of the declaration or extension.
``(d) Extension.--The Secretary may extend an announcement under
subsection (a) if the Secretary determines that the emergency will
continue after the declaration would otherwise expire.
``(e) Expiration.--An announcement under subsection (a) shall
expire on the earlier of--
``(1) the date the Secretary determines that the emergency
has ended; or
``(2) the end of the 360-day period beginning with the
later of--
``(A) the date the announcement was made; or
``(B) the date the announcement was most recently
extended.''.
(b) Distance Learning and Telemedicine.--Section 2333(c) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
950aaa-2(c)) is amended by adding at the end the following:
``(5) Procedure during temporary reprioritizations.--
``(A) In general.--While a temporary
reprioritization announced under section 608 of the
Rural Development Act of 1972 is in effect, the
Secretary shall make available not less than 10 percent
of the amounts made available under section 2335A for
financial assistance under this chapter, for
telemedicine services to identify and treat individuals
affected by the emergency, subject to subparagraph (B).
``(B) Exception.--In the case of a fiscal year for
which the Secretary determines that there are not
sufficient qualified applicants to receive financial
assistance to reach the 10-percent requirement under
subparagraph (A), the Secretary may make available less
than 10 percent of the amounts made available under
section 2335A for those services.''.
(c) Community Facilities Direct Loans and Grants.--Section 306(a)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a))
is amended by adding at the end the following:
``(27) Procedure during temporary reprioritizations.--
``(A) Selection priority.--While a temporary
reprioritization announced under section 608 of the
Rural Development Act of 1972 is in effect, in
selecting recipients of loans, loan guarantees, or
grants for the development of essential community
facilities under this section, the Secretary shall give
priority to entities eligible for those loans or
grants--
``(i) to develop facilities to provide
services related to reducing the effects of the
health emergency, including--
``(I) prevention services;
``(II) treatment services;
``(III) recovery services; or
``(IV) any combination of those
services; and
``(ii) that employ staff that have
appropriate expertise and training in how to
identify and treat individuals affected by the
emergency.
``(B) Use of funds.--An eligible entity described
in subparagraph (A) that receives a loan or grant
described in that subparagraph may use the loan or
grant funds for the development of telehealth
facilities and systems to provide for treatment
directly related to the emergency involved.''.
(d) Rural Health and Safety Education Programs.--
(1) In general.--Section 502(i) of the Rural Development
Act of 1972 (7 U.S.C. 2662(i)) is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following:
``(5) Procedure during temporary reprioritizations.--While
a temporary reprioritization announced under section 608 of the
Rural Development Act of 1972 is in effect, in making grants
under this subsection, the Secretary shall give priority to an
applicant that will use the grant to address the announced
emergency.''.
(2) Technical amendments.--Title V of the Rural Development
Act of 1972 (7 U.S.C. 2661 et seq.), as amended by paragraph
(1) of this subsection, is amended--
(A) in section 502, in the matter preceding
subsection (a), by inserting ``(referred to in this
title as the `Secretary')'' after ``Agriculture''; and
(B) by striking ``Secretary of Agriculture'' each
place it appears (other than in section 502 in the
matter preceding subsection (a)) and inserting
``Secretary''.
SEC. 6002. DISTANCE LEARNING AND TELEMEDICINE.
(a) Authorization of Appropriations.--Section 2335A of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-5) is
amended by striking ``$75,000,000 for each of fiscal years 2014 through
2018'' and inserting ``$82,000,000 for each of fiscal years 2019
through 2023''.
(b) Conforming Amendment.--Section 1(b) of Public Law 102-551 (7
U.S.C. 950aaa note) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6003. REAUTHORIZATION OF THE FARM AND RANCH STRESS ASSISTANCE
NETWORK.
Section 7522 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5936) is amended--
(1) in subsection (a), by striking ``coordination with the
Secretary of Health and Human Services, shall make competitive
grants to support cooperative programs between State
cooperative extension services and nonprofit organizations''
and inserting ``consultation with the Secretary of Health and
Human Services, shall make competitive grants to State
cooperative extension services and Indian Tribes to support
programs with nonprofit organizations in order'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``Internet''
before ``websites'';
(B) by striking paragraph (2) and inserting the
following:
``(2) training for individuals who may assist farmers in
crisis, including programs and workshops;''; and
(C) in paragraph (4), by inserting ``, including
the dissemination of information and materials'' before
the semicolon at the end;
(3) in subsection (c), by striking ``to enable the State
cooperative extension services'' and inserting ``or Indian
Tribes, as applicable,'';
(4) in subsection (d), by striking ``fiscal years'' and all
that follows and inserting ``fiscal years 2018 through 2023'';
and
(5) by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) Oversight and Evaluation.--The Secretary, in consultation
with the Secretary of Health and Human Services, shall review and
evaluate the stress assistance programs carried out pursuant to this
section.
``(1) Program review.--Not later than 2 years after the
date on which a grant is first provided under this section, and
annually thereafter, the Secretary shall--
``(A) review the programs funded under a grant made
under this section to evaluate the effectiveness of the
services offered through such a program, and suggest
alternative services not offered by such a grant
recipient that would be appropriate for behavioral
health services; and
``(B) submit to the Congress, and make available on
the public Internet website of the Department of
Agriculture, a report containing the results of the
review conducted under subparagraph (A) and a
description of the services provided through programs
funded under such a grant.
``(2) Public availability.--In making the report under
paragraph (1) publicly available, the Secretary shall take such
steps as may be necessary to ensure that the report does not
contain any information that would identify any person who
received services under a program funded under a grant made
under this section.''.
SEC. 6004. SUPPORTING AGRICULTURAL ASSOCIATION HEALTH PLANS.
(a) In General.--The Secretary of Agriculture may establish a loan
program and a grant program to assist in the establishment of
agricultural association health plans, in order to help bring new
health options and lower priced health care coverage to rural
Americans.
(b) Loans.--
(1) In general.--With respect to plan years 2019 through
2022, the Secretary of Agriculture, in consultation with the
Secretary of Labor, may make not more than 10 loans under this
section, for purposes of establishing agricultural association
health plans, to qualified agricultural associations that have
not received a loan under this section.
(2) Use of funds.--The proceeds of a loan made under this
section may only be used to finance costs associated with
establishing and carrying out an agricultural association
health plan.
(3) Loan terms.--A loan made under this section shall--
(A) bear interest at an annual rate equivalent to
the cost of borrowing to the Department of the Treasury
for obligations of comparable maturities;
(B) have a term of such length, not exceeding 20
years, as the borrower may request;
(C) be in an amount not to exceed $15,000,000;
(D) require that the borrower submit annual audited
financial statements to the Secretary; and
(E) include any other requirements or documentation
the Secretary deems necessary to carry out this
section.
(c) Grants.--The Secretary may make grants to agricultural trade
associations or industry associations which have been in existence for
at least three years prior to applying for such a grant to provide for
technical assistance in establishing an agricultural association health
plan.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $65,000,000 for the period of fiscal
years 2019 through 2022, to be available until expended.
(2) Reservation of funds.--Of the funds made available
under paragraph (1), not more than 15 percent of such funds
shall be made available to make grants under subsection (c).
(e) Definitions.--In this section:
(1) Agricultural association health plan.--The term
``agricultural association health plan'' means a group health
plan within the meaning of section 733(a)(1) of the Employee
Retirement Income Security Act of 1974 (42 U.S.C. 1191b)--
(A) that is sponsored by a qualified agricultural
association; and
(B) with respect to which the Secretary has
received a letter from the relevant State insurance
commissioner certifying that such association may offer
such plan in such State.
(2) Qualified agricultural association.--The term
``qualified agricultural association'' means an association--
(A) composed of members that operate a farm or
ranch or operate an agribusiness;
(B) that qualifies as an association health plan
within the meaning of guidance or regulation issued by
the Department of Labor;
(C) that acts directly or indirectly in the
interest of its members in relation to the plan;
(D) that is able to demonstrate an ability to
implement and manage a group health plan; and
(E) that meets any other criteria the Secretary
deems necessary to meet the intent of this section.
SEC. 6005. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) is amended by inserting after section 341 the
following:
``SEC. 342. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT.
``Assistance under section 306(a) for a community facility or under
section 310B may include the refinancing of a debt obligation of a
rural hospital as an eligible loan or loan guarantee purpose if the
assistance would help preserve access to a health service in a rural
community and meaningfully improve the financial position of the
hospital.''.
Subtitle B--Connecting Rural Americans to High Speed Broadband
SEC. 6101. ESTABLISHING FORWARD-LOOKING BROADBAND STANDARDS.
(a) In General.--Section 601 of the Rural Electrification Act of
1936 (7 U.S.C. 950bb) is amended--
(1) in subsection (d)(1)(A), by striking clause (i) and
inserting the following:
``(i) demonstrate the ability to furnish or
improve service in order to meet the broadband
service standards established under subsection
(e)(1) in all or part of an unserved or
underserved rural area;'';
(2) in subsection (e)--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--Subject to paragraph (2), for purposes
of this section, the Secretary shall establish broadband
service standards for rural areas which provide for--
``(A) a minimum acceptable standard of service that
requires the speed to be at least 25 megabits per
second downstream transmission capacity and 3 megabits
per second upstream transmission capacity; and
``(B) projections of minimum acceptable standards
of service for 5, 10, 15, 20, and 30 years into the
future.
``(2) Adjustments.--
``(A) In general.--At least once every 2 years, the
Secretary shall review, and may adjust through notice
published in the Federal Register, the broadband
service standards in effect under paragraph (1) to
encourage the delivery of high quality, cost-effective
broadband service in rural areas.
``(B) Considerations.--In establishing and
adjusting the broadband service standards in effect
under paragraph (1), the Secretary shall consider--
``(i) the broadband service needs of rural
families and businesses;
``(ii) broadband service available to urban
and suburban areas;
``(iii) future technology needs of rural
residents;
``(iv) advances in broadband technology;
and
``(v) other relevant factors as determined
by the Secretary.''; and
(B) by adding at the end the following:
``(4) Agreement.--The Secretary shall not provide a loan or
loan guarantee under this section for a project unless the
Secretary determines, at the time the agreement to provide the
loan or loan guarantee is entered into, that, at any time while
the loan or loan guarantee is outstanding, the project will be
capable of providing broadband service at not less than the
minimum acceptable standard of service established under
paragraph (1)(B) for that time.
``(5) Substitute service standards for unique service
territories.--If an applicant shows that it would be cost
prohibitive to meet the minimum acceptable level of broadband
service established under paragraph (1)(B) for the entirety of
a proposed service territory due to the unique characteristics
of the proposed service territory, the Secretary and the
applicant may agree to utilize substitute standards for any
unserved portion of the project. Any substitute service
standards should continue to consider the matters described in
paragraph (2)(B) and reflect the best technology available to
meet the needs of the residents in the unserved area.''; and
(3) in subsection (g)--
(A) in paragraph (2)(A), by striking ``level of
broadband service established under subsection (e)''
and inserting ``standard of service established under
subsection (e)(1)(A)''; and
(B) by adding at the end the following:
``(4) Minimum standards.--To the extent possible, the terms
and conditions under which a loan or loan guarantee is provided
to an applicant for a project shall require that, at any time
while the loan or loan guarantee is outstanding, the broadband
network provided by the project will meet the lower of--
``(A) the minimum acceptable standard of service
projected under subsection (e)(1)(B) for that time, as
agreed to by the applicant at the time the loan or loan
guarantee is provided; or
``(B) the minimum acceptable standard of service in
effect under subsection (e)(1)(A) for that time.''.
(b) Report to Congress.--Within 12 months after the date of the
enactment of this Act, the Administrator of the Rural Utilities Service
(in this subsection referred to as the ``RUS'') shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
written report on the effectiveness of RUS loan and loan guarantee
programs for the purpose of expanding broadband to rural areas (as
defined in RUS regulations), which shall--
(1) identify administrative and legislative options for
incentivizing private investment by utilizing RUS loan
guarantee programs for the purpose of expanding broadband to
rural areas;
(2) evaluate the existing borrower and lending guidelines
for RUS loan and loan guarantee applicants to incentivize
participation in both programs;
(3) evaluate the loan and loan guarantee application
processes for lenders and borrowers by eliminating burdensome
and unnecessary steps in the application process and providing
a more streamlined process to decrease the complexity of the
application and the timeline from application to approval or
denial;
(4) identify opportunities to provide technical assistance
and pre-development planning activities to assist rural
counties and communities to assess current and future broadband
needs; and
(5) identify and evaluate emerging technologies, including
next-generation satellite technologies, and ways to leverage
the technologies to provide high-speed, low-latency internet
connectivity to rural areas.
SEC. 6102. INCENTIVES FOR HARD TO REACH COMMUNITIES.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb)
is amended by adding at the end the following:
``SEC. 604. INCENTIVES FOR HARD TO REACH COMMUNITIES.
``(a) Definitions.--In this section:
``(1) Associated loan.--The term `associated loan' means a
loan or loan guarantee to finance all or part of a project
under title I or II or this title for which an application has
been submitted under such title and for which an application
has also been submitted for a grant under this section.
``(2) Density.--
``(A) In general.--The term `density' means service
points per road-mile.
``(B) Method of calculation.--The Secretary shall
further define, by rule, a method for calculating
service points per road-mile, where appropriate by
geography, which--
``(i) divides the total number of service
points by the total number of road-miles in a
proposed service territory;
``(ii) requires an applicant to count all
potential service points in a proposed service
territory; and
``(iii) includes any other requirements the
Secretary deems necessary to protect the
integrity of the program.
``(3) Eligible project.--The term `eligible project' means
any project for which the applicant--
``(A) has submitted an application for an
associated loan;
``(B) does not receive any other broadband grant
administered by the Rural Utilities Service; and
``(C) proposes to--
``(i) offer retail broadband service to
rural households;
``(ii) serve an area with a density of less
than 12;
``(iii) provide service that meets the
standard that would apply under section
601(e)(4) if the associated loan had been
applied for under section 601;
``(iv) provide service in an area where no
incumbent provider delivers fixed terrestrial
broadband service at or above the minimum
broadband speed described in section 601(e)(1);
and
``(v) provide service in an area where no
eligible borrower, other than the applicant,
has outstanding Rural Utilities Service
telecommunications debt or is subject to a
current Rural Utilities Service
telecommunications grant agreement.
``(4) Service point.--The term `service point' means a
home, business, or institution in a proposed service area.
``(5) Road-mile.--The term `road-mile' means a mile of road
in a proposed service area.
``(b) Establishment of Grant Program.--The Secretary shall
establish a competitive grant program to provide applicants funds to
carry out eligible projects for the purposes of construction,
improvement, or acquisition of facilities for the provision of
broadband service in rural areas.
``(c) Applications.--The Secretary shall establish an application
process for grants under this section that--
``(1) has 1 application window per year;
``(2) permits a single application for the grant and the
associated loan; and
``(3) provides a single decision to award the grant and the
associated loan.
``(d) Priority.--In making grants under this section, the Secretary
shall prioritize applications in which the applicant proposes to--
``(1) provide the highest quality of service as measured
by--
``(A) network speed;
``(B) network latency; and
``(C) data allowances;
``(2) serve the greatest number of service points; and
``(3) use the greatest proportion of non-Federal dollars.
``(e) Amount.--The Secretary shall make each grant under this
section in an amount that is--
``(1) not greater than 75 percent of the total project cost
with respect to an area with a density of less than 4;
``(2) not greater than 50 percent of the total project cost
with respect to an area with a density of 4 or more and not
more than 9; and
``(3) not greater than 25 percent of the total project cost
with respect to an area with a density of more than 9 and not
more than 12.
``(f) Terms and Conditions.--With respect to a grant provided under
this section, the Secretary shall require that--
``(1) the associated loan is secured by the assets
purchased with funding from the grant and from the loan;
``(2) the agreement in which the terms of the grant are
established is for a period equal to the duration of the
associated loan; and
``(3) at any time at which the associated loan is
outstanding, the broadband service provided by the project will
meet the lower of the standards that would apply under section
601(g)(4) if the associated loan had been made under section
601.
``(g) Payment Assistance for Certain Applicants Under This Title.--
``(1) In general.--As part of the grant program under this
section, the Secretary, at the sole discretion of the
Secretary, may provide to applicants who are eligible borrowers
under this title and not eligible borrowers under title I or II
all or a portion of the grant funds in the form of payment
assistance.
``(2) Payment assistance.--The Secretary may provide
payment assistance under paragraph (1) by reducing a borrower's
interest rate or periodic principal payments or both.
``(3) Agreement on milestones and objectives.--With respect
to payment assistance provided under paragraph (1), before
entering into the agreement for the grant and associated loan
under which the payment assistance will be provided, the
applicant and the Secretary shall agree to milestones and
objectives of the project.
``(4) Condition.--The Secretary shall condition any payment
assistance provided under paragraph (1) on--
``(A) the applicant fulfilling the terms and
conditions of the grant agreement under which the
payment assistance will be provided; and
``(B) completion of the milestones and objectives
agreed to under paragraph (3).
``(5) Amendment of milestones and objectives.--The
Secretary and the applicant may jointly agree to amend the
milestones and objectives agreed to under paragraph (3).
``(h) Existing Projects.--The Secretary may not provide a grant
under this section to an applicant for a project that was commenced
before the date of the enactment of this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $350,000,000 for each of fiscal
years 2019 to 2023.''.
SEC. 6103. REQUIRING GUARANTEED BROADBAND LENDING.
Section 601(c)(1) of the Rural Electrification Act of 1936 (7
U.S.C. 950bb(c)(1)) is amended by striking ``shall make or guarantee
loans'' and inserting ``shall make loans and shall guarantee loans''.
SEC. 6104. SMART UTILITY AUTHORITY FOR BROADBAND.
(a) Section 331 of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1981) is amended by adding at the end the following:
``(e)(1) Except as provided in paragraph (2), the Secretary may
allow a recipient of a grant, loan, or loan guarantee provided by the
Office of Rural Development under this title to use not more than 10
percent of the amount so provided--
``(A) for any activity for which assistance may be provided
under section 601 of the Rural Electrification Act of 1936; or
``(B) to construct other broadband infrastructure.
``(2) Paragraph (1) of this subsection shall not apply to a
recipient who is seeking to provide retail broadband service in any
area where retail broadband service is available at the minimum
broadband speeds, as defined under section 601(e) of the Rural
Electrification Act of 1936.''.
(b) Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901-
918a) is amended by inserting after section 7 the following:
``SEC. 8. LIMITATIONS ON USE OF ASSISTANCE.
``(a) Subject to subsections (b) and (c) of this section, the
Secretary may allow a recipient of a grant, loan, or loan guarantee
under this title to set aside not more than 10 percent of the amount so
received to provide retail broadband service.
``(b) A recipient who sets aside funds under subsection (a) of this
section may use the funds only in an area that is not being provided
with the minimum acceptable level of broadband service established
under section 601(e), unless the recipient meets the requirements of
section 601(d).
``(c) Nothing in this section shall be construed to limit the
ability of any borrower to finance or deploy services authorized under
this title.''.
SEC. 6105. MODIFICATIONS TO THE RURAL GIGABIT PROGRAM.
Section 603 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-2) is amended--
(1) in the section heading, by striking ``rural gigabit
network pilot'' and inserting ``innovative broadband
advancement'';
(2) in subsection (d), by striking ``2014 through 2018''
and inserting ``2019 through 2023'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by striking subsections (a) through (c) and inserting
the following:
``(a) In General.--The Secretary shall establish a program to be
known as the `Innovative Broadband Advancement Program', under which
the Secretary may provide a grant, a loan, or both to an eligible
entity for the purpose of demonstrating innovative broadband
technologies or methods of broadband deployment that significantly
decrease the cost of broadband deployment, and provide substantially
faster broadband speeds than are available, in a rural area.
``(b) Rural Area.--In this section, the term `rural area' has the
meaning provided in section 601(b)(3).
``(c) Eligibility.--To be eligible to obtain assistance under this
section for a project, an entity shall--
``(1) submit to the Secretary an application--
``(A) that describes a project designed to decrease
the cost of broadband deployment, and substantially
increase broadband speed to not less than the 20-year
broadband speed established by the Rural Utilities
Service under this title, in a rural area to be served
by the project; and
``(B) at such time, in such manner, and containing
such other information as the Secretary may require;
``(2) demonstrate that the entity is able to carry out the
project; and
``(3) agree to complete the project build-out within 5
years after the date the assistance is first provided for the
project.
``(d) Prioritization.--In awarding assistance under this section,
the Secretary shall give priority to proposals for projects that--
``(1) involve partnerships between or among multiple
entities;
``(2) would provide broadband service to the greatest
number of rural residents at or above the minimum broadband
speed referred to in subsection (c)(1)(A); and
``(3) the Secretary determines could be replicated in rural
areas described in paragraph (2).''.
SEC. 6106. UNIFIED BROADBAND REPORTING REQUIREMENTS.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb) is amended--
(1) in subsection (j)--
(A) in the matter preceding paragraph (1), by
striking ``Not later than'' and all that follows
through ``section'' and inserting ``Each year, the
Secretary shall submit to the Congress a report that
describes the extent of participation in the broadband
loan, loan guarantee, and grant programs administered
by the Secretary'';
(B) in paragraph (1), by striking ``loans applied
for and provided under this section'' and inserting
``loans, loan guarantees, and grants applied for and
provided under the programs'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking
``loan''; and
(ii) in subparagraph (B), by striking
``loans and loan guarantees provided under this
section'' and inserting ``loans, loan
guarantees, and grants provided under the
programs'';
(D) in paragraph (3), by striking ``loan
application under this section'' and inserting
``application under the programs'';
(E) in each of paragraphs (4) and (6), by striking
``this section'' and inserting ``the programs''; and
(F) in paragraph (5)--
(i) by striking ``service'' and inserting
``technology''; and
(ii) by striking ``(b)(1)'' and inserting
``(e)(1)''; and
(2) in subsection (k)(2), in each of subparagraphs (A)(i)
and (C), by striking ``loans'' and inserting ``grants,
loans,''.
SEC. 6107. IMPROVING ACCESS BY PROVIDING CERTAINTY TO BROADBAND
BORROWERS.
(a) Telephone Loan Program.--Title II of the Rural Electrification
Act of 1936 (7 U.S.C. 922-928) is amended by adding at the end the
following:
``SEC. 208. AUTHORITY TO OBLIGATE, BUT NOT DISBURSE, FUNDS BEFORE THE
COMPLETION OF REVIEWS.
``(a) In General.--The Secretary may obligate, but shall not
disburse, funds under this title for a project before the completion of
any otherwise required environmental, historical, or other review of
the project.
``(b) Authority to Deobligate Funds.--The Secretary may deobligate
funds under this title for a project if any such review will not be
completed within a reasonable period of time.''.
(b) Rural Broadband Program.--Section 601(d) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(d)) is amended by adding at
the end the following:
``(11) Authority to obligate, but not disburse, funds
before completion of reviews; authority to deobligate funds.--
The Secretary may obligate, but shall not disburse, funds under
this section for a project before the completion of any
otherwise required environmental, historical, or other review
of the project. The Secretary may deobligate funds under this
section for a project if any such review will not be completed
within a reasonable period of time.''.
SEC. 6108. SIMPLIFIED APPLICATION WINDOW.
Section 601(c)(2)(A) of the Rural Electrification Act of 1936 (7
U.S.C. 950bb(c)(2)(A)) is amended by striking ``not less than 2
evaluation periods'' and inserting ``1 evaluation period''.
SEC. 6109. ELIMINATION OF REQUIREMENT TO GIVE PRIORITY TO CERTAIN
APPLICANTS.
Section 601(c)(2) of the Rural Electrification Act of 1936 (7
U.S.C. 950bb(c)(2)) is amended--
(1) by striking ``; and'' at the end of subparagraph (C)
and inserting a period; and
(2) by striking subparagraph (D).
SEC. 6110. MODIFICATION OF BUILDOUT REQUIREMENT.
Section 601(d)(1)(A)(iii) of the Rural Electrification Act of 1936
(7 U.S.C. 950bb(d)(1)(A)(iii)) is amended--
(1) by striking ``service'' and inserting
``infrastructure''; and
(2) by striking ``3'' and inserting ``5''.
SEC. 6111. IMPROVING BORROWER REFINANCING OPTIONS.
(a) Refinancing of Broadband Loans.--Section 201 of the Rural
Electrification Act of 1936 (7 U.S.C. 922) is amended by inserting
``including indebtedness on a loan made under section 601'' after
``furnishing telephone service in rural areas''.
(b) Refinancing of Other Loans.--Section 601(i) of such Act (7
U.S.C. 950bb(i)) is amended by inserting ``, or on any other loan if
the purpose for which such other loan was made is a telecommunications
purpose for which assistance may be provided under this Act,'' before
``if the use of''.
SEC. 6112. ELIMINATION OF UNNECESSARY REPORTING REQUIREMENTS.
Section 601(d)(8)(A)(ii) of the Rural Electrification Act of 1936
(7 U.S.C. 950bb(d)(8)(A)(ii)) is amended--
(1) in subclause (I), by striking ``and location''; and
(2) in subclause (IV), by striking ``any changes in
broadband service adoption rates, including''.
SEC. 6113. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL
AREAS.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb) is amended--
(1) in subsection (k), by striking paragraph (1) and
inserting the following:
``(1) Limitations on authorization of appropriations.--For
loans and loan guarantees under this section, there is
authorized to be appropriated to the Secretary $150,000,000 for
each of fiscal years 2019 through 2023, to remain available
until expended.''; and
(2) in subsection (l), by striking ``2018'' and inserting
``2023''.
SEC. 6114. MIDDLE MILE BROADBAND INFRASTRUCTURE.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb) is amended--
(1) in subsection (a), by inserting ``or middle mile
infrastructure'' before ``in rural areas'';
(2) in subsection (b), by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4) and inserting after paragraph (1)
the following:
``(2) Middle mile infrastructure.--The term `middle mile
infrastructure' means any broadband infrastructure that does
not connect directly to end user locations (including anchor
institutions) and may include interoffice transport, backhaul,
Internet connectivity, data centers, or special access
transport to rural areas.'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``and to
construct, improve, or acquire middle mile
infrastructure'' before ``in rural areas'';
(B) in paragraph (2)(B), by inserting ``, or in the
case of middle mile infrastructure, offer the future
ability to link,'' before ``the greatest proportion'';
and
(C) by adding at the end the following:
``(3) Limitation on middle mile infrastructure projects.--
The Secretary shall limit loans or loan guarantees for middle
mile infrastructure projects to no more than 20 percent of the
amounts made available to carry out this section.'';
(4) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i) (as amended by section
6101(1) of this Act), by inserting ``or extend
middle mile infrastructure'' before ``in all'';
and
(ii) in clause (iii), by inserting ``or
middle mile infrastructure'' before
``described'';
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``or
install middle mile infrastructure'' before
``in the proposed'';
(ii) in subparagraph (C), by striking
clause (ii) and inserting the following:
``(ii) Exception.--Clause (i) shall not
apply with respect to a project if the project
is eligible for funding under another title of
this Act.''; and
(iii) by adding at the end the following:
``(D) Exception for middle mile infrastructure.--
Portions of a middle mile infrastructure project that
ultimately meet the rural service requirements of this
section may traverse an area not described in
subsection (b)(4) when necessary.'';
(C) in paragraph (4), by inserting ``, or
construct, improve, or acquire middle mile
infrastructure in,'' before ``a rural area'';
(D) in paragraph (5)(A)(v), by inserting ``or, in
the case of middle mile infrastructure, connect''
before the semicolon; and
(E) in paragraph (8)(A)(ii)--
(i) in subclause (I), by inserting ``or
may'' before ``receive'';
(ii) in subclause (II), by inserting ``or
capability of middle mile infrastructure''
before the semicolon; and
(iii) in subclause (III), by inserting ``,
if applicable'' before the semicolon;
(5) in subsection (i)--
(A) in the subsection heading, by inserting ``or
Middle Mile Infrastructure'' after ``Service''; and
(B) by inserting ``or middle mile infrastructure''
before ``in rural areas''; and
(6) in subsection (j)(6), by inserting ``or middle mile
infrastructure'' after ``service'' the 1st and 3rd places it
appears.
SEC. 6115. OUTDATED BROADBAND SYSTEMS.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb
et seq.) is amended by adding at the end the following:
``SEC. 605. OUTDATED BROADBAND SYSTEMS.
``Beginning October 1, 2020, the Secretary shall consider any
portion of a service territory subject to an outstanding grant
agreement between the Secretary and a broadband provider in which
broadband service is not provided at at least 10 megabits per second
download and at least 1 megabit per second upload as unserved for the
purposes of all broadband loan programs under this Act, unless the
broadband provider has constructed or begun to construct broadband
facilities in the service territory that meet the minimum acceptable
standard of service established under section 601(e)(1) for the area in
which the service territory is located.''.
SEC. 6116. FEDERAL BROADBAND PROGRAM COORDINATION.
(a) Consultation Between USDA and NTIA.--The Secretary shall
consult with the Assistant Secretary to assist in the verification of
eligibility of the broadband loan and grant programs of the Department
of Agriculture. In providing assistance under the preceding sentence,
the Assistant Secretary shall make available the broadband assessment
and mapping capabilities of the National Telecommunications and
Information Administration.
(b) Consultation Between USDA and FCC.--
(1) By usda.--The Secretary shall consult with the
Commission before making a broadband loan or grant for a
project to serve an area with respect to which another entity
is receiving Connect America Fund or Mobility Fund support
under the Federal universal service support mechanisms
established under section 254 of the Communications Act of 1934
(47 U.S.C. 254).
(2) By fcc.--The Commission shall consult with the
Secretary before offering or providing Connect America Fund or
Mobility Fund support under the Federal universal service
support mechanisms established under section 254 of the
Communications Act of 1934 (47 U.S.C. 254) to serve an area
with respect to which another entity has received an award
under a broadband loan or grant program of the Department of
Agriculture.
(c) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, the Commission, and the
Assistant Secretary shall submit to the Committee on Agriculture and
the Committee on Energy and Commerce of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry and the
Committee on Commerce, Science, and Transportation of the Senate a
report on how best to coordinate federally supported broadband programs
and activities in order to achieve the following objectives:
(1) Promote high-quality broadband service that meets the
long-term needs of rural residents and businesses, by
evaluating the broadband service needs in rural areas for each
decade through 2050.
(2) Support the long-term viability, sustainability, and
utility of federally supported rural broadband infrastructure,
by analyzing the technical capabilities of the technologies
currently available and reasonably expected to be available by
2035 to meet the broadband service needs of rural residents
identified under paragraph (1), including by analyzing the
following:
(A) The real-world performance of such
technologies, including data rates, latency, data usage
restrictions, and other aspects of service quality, as
defined by the Commission.
(B) The suitability of each such technology for
residential, agricultural, educational, healthcare,
commercial, and industrial purposes in rural areas.
(C) The cost to deploy and support such
technologies in several rural geographies.
(D) The costs associated with online platforms,
specifically the resulting constraints on rural network
bandwidth.
(3) Identify and quantify the availability of broadband
service and ongoing broadband deployment in rural areas,
including ways to do the following:
(A) Harmonize broadband notification and reporting
requirements and develop common verification procedures
across all federally supported broadband programs.
(B) Consolidate and utilize the existing broadband
service data.
(C) Collect and share data on those projects in
rural areas where Federal programs are currently
supporting broadband deployment, including areas with
respect to which an entity is receiving--
(i) support under a broadband loan or grant
program of the Department of Agriculture; or
(ii) Connect America Fund or Mobility Fund
support under the Federal universal service
support mechanisms established under section
254 of the Communications Act of 1934 (47
U.S.C. 254).
(D) Leverage support technologies and services from
online platforms for providers of broadband service in
rural areas.
(d) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Rural area.--The term ``rural area'' has the meaning
given the term in section 601(b)(3) of the Rural
Electrification Act of 1936.
SEC. 6117. EFFECTIVE DATE.
(a) In General.--The amendments made by this subtitle shall not
take effect until the Secretary of Agriculture has issued final
regulations to implement the amendments.
(b) Deadline for Issuing Regulations.--Within 90 days after the
date of the enactment of this Act, the Secretary of Agriculture shall
prescribe final regulations to implement the amendments made by
sections 6101 and 6102.
Subtitle C--Consolidated Farm and Rural Development Act
SEC. 6201. STRENGTHENING REGIONAL ECONOMIC DEVELOPMENT INCENTIVES.
Section 379H of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008v) is amended to read as follows:
``SEC. 379H. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
``(a) In General.--In the case of any program as determined by the
Secretary, the Secretary shall give priority to an application for a
project that, as determined and approved by the Secretary--
``(1) meets the applicable eligibility requirements of this
title or other applicable authorizing law;
``(2) will be carried out in a rural area; and
``(3) supports the implementation of a strategic community
investment plan described in subsection (d) on a multisectoral
and multijurisdictional basis.
``(b) Reserve.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall reserve a portion of the funds made available for a
fiscal year for programs as determined by the Secretary, for
projects that support the implementation of a strategic
community investment plan described in subsection (d) on a
multisectoral and multijurisdictional basis.
``(2) Period.--The reservation of funds described in
paragraph (1) may only extend through a date of the fiscal year
in which the funds were first made available, as determined by
the Secretary.
``(c) Approved Applications.--
``(1) In general.--Any applicant who submitted a funding
application that was approved before the date of enactment of
this section may amend the application to qualify for the funds
reserved under subsection (b).
``(2) Rural utilities.--Any rural development application
authorized under section 306(a)(2), 306(a)(14), 306(a)(24),
306A, or 310B(b) and approved by the Secretary before the date
of enactment of this section shall be eligible for the funds
reserved under subsection (b) on the same basis as the
applications submitted under this section, until September 30,
2019.
``(d) Strategic Community Investment Plans.--
``(1) In general.--The Secretary shall provide assistance
to rural communities for developing strategic community
investment plans.
``(2) Plans.--A strategic community investment plan
described in paragraph (1) shall include--
``(A) a variety of activities designed to
facilitate a rural community's vision for its future;
``(B) participation by multiple stakeholders,
including local and regional partners;
``(C) leverage of applicable regional resources;
``(D) investment from strategic partners, such as--
``(i) private organizations;
``(ii) cooperatives;
``(iii) other government entities;
``(iv) Tribes; and
``(v) philanthropic organizations;
``(E) clear objectives with the ability to
establish measurable performance metrics;
``(F) action steps for implementation; and
``(G) any other elements necessary to ensure that
the plan results in a comprehensive and strategic
approach to rural economic development, as determined
by the Secretary.
``(3) Coordination.--The Secretary shall coordinate with
tribes and local, State, regional, and Federal partners to
develop strategic community investment plans under this
subsection.
``(4) Limitations on authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated $5,000,000 for fiscal years 2018 through
2023 to carry out this subsection.
``(B) Availability.--The amounts made available to
carry out this subsection are authorized to remain
available until expended.''.
SEC. 6202. EXPANDING ACCESS TO CREDIT FOR RURAL COMMUNITIES.
(a) Certain Programs Under the Consolidated Farm and Rural
Development Act.--Section 343(a)(13) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(13)) is amended--
(1) in subparagraph (B)--
(A) in the heading, by striking ``and guaranteed'';
and
(B) in the text--
(i) by striking ``and guaranteed''; and
(ii) by striking ``(1), (2), and (24)'' and
inserting ``(1) and (2)''; and
(2) in subparagraph (C)--
(A) by striking ``and guaranteed''; and
(B) by striking ``(21), and (24)'' and inserting
``and (21)''.
(b) Rural Broadband Program.--Paragraph (4)(A)(ii) of section
601(b) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)), as
redesignated by section 6114(2), is amended by inserting ``in the case
of a direct loan,'' before ``a city''.
SEC. 6203. PROVIDING FOR ADDITIONAL FEES FOR GUARANTEED LOANS.
(a) Certain Programs Under the Consolidated Farm and Rural
Development Act.--Section 333 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) in the case of an insured or guaranteed loan issued
or modified under section 306(a), charge and collect from the
recipient of the insured or guaranteed loan fees in such
amounts as are necessary so that the sum of the total amount of
fees so charged in each fiscal year and the total of the
amounts appropriated for all such insured or guaranteed loans
for the fiscal year equals the subsidy cost for the insured or
guaranteed loans in the fiscal year.''.
(b) Rural Broadband Program.--Section 601(c) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(c)), as amended by section
6114, is further amended by adding at the end the following:
``(4) Fees.--In the case of a loan guarantee issued or
modified under this section, the Secretary shall charge and
collect from the recipient of the guarantee fees in such
amounts as are necessary so that the sum of the total amount of
fees so charged in each fiscal year and the total of the
amounts appropriated for all such loan guarantees for the
fiscal year equals the subsidy cost for the loan guarantees in
the fiscal year.''.
SEC. 6204. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY GRANTS.
Section 306(a)(2)(B) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(2)(B)) is amended--
(1) in clause (iii), by striking ``$100,000'' each place it
appears and inserting ``$200,000''; and
(2) in clause (vii), by striking ``$30,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$15,000,000
for each of fiscal years 2019 through 2023''.
SEC. 6205. RURAL WATER AND WASTEWATER TECHNICAL ASSISTANCE AND TRAINING
PROGRAMS.
(a) Section 306(a)(14)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(14)(A)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) identify options to enhance long
term sustainability of rural water and waste
systems to include operational practices,
revenue enhancements, policy revisions,
partnerships, consolidation, regionalization,
or contract services.''.
(b) Section 306(a)(14)(C) of such Act (7 U.S.C. 1926(a)(14)(C)) is
amended by striking ``1 nor more than 3'' and inserting ``3 nor more
than 5''.
SEC. 6206. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.
Section 306(a)(22)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(22)(B)) is amended by striking
``$20,000,000 for fiscal year 2014'' and inserting ``$25,000,000 for
fiscal year 2018''.
SEC. 6207. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY
FACILITIES.
Section 306(a)(25)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking
``$10,000,000 for each of fiscal years 2008 through 2018'' and
inserting ``$5,000,000 for each of fiscal years 2019 through 2023''.
SEC. 6208. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT
PROGRAM.
Section 306A(i) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926a(i)) is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) Release.--
``(i) In general.--Except as provided in
clause (ii), funds reserved under subparagraph
(A) for a fiscal year shall be reserved only
until July 1 of the fiscal year.
``(ii) Exception.--In response to an
eligible community where the drinking water
supplies are inadequate due to a natural
disaster, as determined by the Secretary,
including drought or severe weather, the
Secretary may provide potable water under this
section for an additional period not to exceed
120 days beyond the established period
otherwise provided under this section, in order
to protect public health.''; and
(2) in paragraph (2), by striking ``$35,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$27,000,000
for each of fiscal years 2019 through 2023''.
SEC. 6209. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN ALASKA.
Section 306D(d)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926d(d)(1)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 6210. HOUSEHOLD WATER WELL SYSTEMS.
Section 306E(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926e(d)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6211. SOLID WASTE MANAGEMENT GRANTS.
Section 310B(b)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(b)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6212. RURAL BUSINESS DEVELOPMENT GRANTS.
Section 310B(c)(4)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)(4)(A)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6213. RURAL COOPERATIVE DEVELOPMENT GRANTS.
(a) In General.--Section 310B(e)(13) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(e)(13)) is amended by striking
``2018'' and inserting ``2023''.
(b) Technical Correction.--Section 310B(e)(11)(B)(i) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(e)(11)(B)(i)) is amended by striking ``(12)'' and inserting
``(13)''.
SEC. 6214. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL FOOD PRODUCTS.
Section 310B(g)(9)(B)(iv)(I) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(g)(9)(B)(iv)(I)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6215. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS PROGRAM.
Section 310B(i)(4) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(i)(4)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6216. RURAL ECONOMIC AREA PARTNERSHIP ZONES.
Section 310B(j) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(j)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6217. INTERMEDIARY RELENDING PROGRAM.
Section 310H(e) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1936b(e)) is amended by striking ``$25,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$10,000,000 for each
of fiscal years 2019 through 2023''.
SEC. 6218. EXCLUSION OF PRISON POPULATIONS FROM DEFINITION OF RURAL
AREA.
Section 343(a)(13) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1991(a)(13) is amended--
(1) in subparagraph (A), by striking ``(G)'' and inserting
``(H)''; and
(2) by adding at the end the following:
``(H) Exclusion of populations incarcerated on a
long-term basis.--Populations of individuals
incarcerated on a long-term or regional basis shall not
be included in determining whether an area is `rural'
or a `rural area'.''.
SEC. 6219. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Section 378 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008m) is amended--
(1) in subsection (g)(1), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (h), by striking ``2018'' and inserting
``2023''.
SEC. 6220. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.
Section 379B(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008p(d)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6221. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Section 379E(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008s(d)) is amended to read as follows:
``(d) Funding.--There are authorized to be appropriated to carry
out this section $4,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 6222. HEALTH CARE SERVICES.
Section 379G(e) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008u(e)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6223. DELTA REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 382M(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-12(a)) is
amended by striking ``2008 through 2018'' and inserting ``2019 through
2023''.
(b) Termination of Authority.--Section 382N of such Act (7 U.S.C.
2009aa-13) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6224. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 383N(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-12(a)) is
amended by striking ``$30,000,000 for each of fiscal years 2008 through
2018'' and inserting ``$2,000,000 for each of fiscal years 2019 through
2023''.
(b) Termination of Authority.--Section 383O of such Act (7 U.S.C.
2009bb-13) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6225. RURAL BUSINESS INVESTMENT PROGRAM.
Section 384S of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009cc-18) is amended by striking ``2018'' and inserting
``2023''.
Subtitle D--Rural Electrification Act of 1936
SEC. 6301. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR
TELEPHONE PURPOSES.
Section 313A(f) of the Rural Electrification Act of 1936 (7 U.S.C.
940c-1(f)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6302. EXPANSION OF 911 ACCESS.
Section 315(d) of the Rural Electrification Act of 1936 (7 U.S.C.
940e(d)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6303. IMPROVEMENTS TO THE GUARANTEED UNDERWRITER PROGRAM.
(a) Section 313A of the Rural Electrification Act of 1936 (7 U.S.C.
940c-1) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Guarantees.--
``(1) In general.--Subject to subsection (b), the Secretary
shall guarantee payments on bonds or notes issued by
cooperative or other lenders organized on a not-for-profit
basis, if the proceeds of the bonds or notes are used to make
utility infrastructure loans, or refinance bonds or notes
issued for such purposes, to a borrower that has at any time
received, or is eligible to receive, a loan under this Act.
``(2) Terms.--A bond or note guaranteed under this section
shall--
``(A) have a term of 35 years; and
``(B) by agreement between the Secretary and the
borrower, be repaid by the borrower by--
``(i) periodic installments of principal
and interest;
``(ii) periodic installments of interest
and, at the end of the term of the bond or
note, by the repayment of the outstanding
principal; or
``(iii) a combination of the methods for
repayment provided under clauses (i) and
(ii).''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``for eligible
electrification or telephone purposes consistent with
this Act'' and inserting ``to borrowers described in
subsection (a)''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``for
electrification or telephone purposes'' and
inserting ``to borrowers under this Act''; and
(ii) in subparagraph (C), by striking ``for
eligible purposes described in subsection (a)''
and inserting ``to borrowers described in
subsection (a)''.
(b)(1) The Secretary shall carry out section 313A of the Rural
Electrification Act of 1936 (7 U.S.C. 940c-1), including the amendments
made by this section, under a Notice of Solicitation of Applications
until all regulations necessary to carry out the amendments made by
this section are fully implemented.
(2) Paragraph (1) shall take effect on the date of the enactment of
this Act.
SEC. 6304. EXTENSION OF THE RURAL ECONOMIC DEVELOPMENT LOAN AND GRANT
PROGRAM.
(a) Section 12(b)(3)(D) of the Rural Electrification Act of 1936 (7
U.S.C. 912(b)(3)(D)) is amended by striking ``313(b)(2)(A)'' and
inserting ``313(b)(2)''.
(b) Section 313(b)(2) of such Act (7 U.S.C. 940c(b)(2)) is
amended--
(1) by striking all that precedes ``shall maintain'' and
inserting the following:
``(2) Rural economic development subaccount.--The
Secretary''; and
(2) by striking subparagraphs (B) through (E).
(c) Title III of such Act (7 U.S.C. 931-940h) is amended by
inserting after section 313A the following:
``SEC. 313B. RURAL DEVELOPMENT LOANS AND GRANTS.
``(a) In General.--The Secretary shall provide grants or zero
interest loans to borrowers under this Act for the purpose of promoting
rural economic development and job creation projects, including funding
for project feasibility studies, start-up costs, incubator projects,
and other reasonable expenses for the purpose of fostering rural
development.
``(b) Repayments.--In the case of zero interest loans, the
Secretary shall establish such reasonable repayment terms as will
encourage borrower participation.
``(c) Proceeds.--All proceeds from the repayment of such loans made
under this section shall be returned to the subaccount that the
Secretary shall maintain in accordance with sections 313(b)(2) and
313B(f).
``(d) Number of Grants.--Loans and grants required under this
section shall be made during each fiscal year to the full extent of the
amounts made available under subsection (e).
``(e) Funding.--
``(1) Discretionary funding.--In addition to other funds
that are available to carry out this section, there is
authorized to be appropriated not more than $10,000,000 for
each of fiscal years 2019 through 2023 to carry out this
section, to remain available until expended.
``(2) Other funds.--In addition to the funds described in
paragraph (1), the Secretary shall use to provide grants and
loans under this section--
``(A) the interest differential sums credited to
the subaccount described in subsection (c); and
``(B) subject to section 313A(e)(2), the fees
described in subsection (c)(4) of such section.
``(f) Maintenance of Account.--The Secretary shall maintain the
subaccount described in section 313(b)(2), as in effect in fiscal year
2017, for purposes of carrying out this section.''.
(d) Section 313A of the Rural Electrification Act of 1936 (7 U.S.C.
940c-1) is amended--
(1) in subsection (c)(4)--
(A) in subparagraph (A), by striking ``maintained
under section 313(b)(2)(A)'' and inserting ``that shall
be maintained as required by sections 313(b)(2) and
313B(f)''; and
(B) in subparagraph (B), by striking
``313(b)(2)(B)'' and inserting ``313(b)(2)''; and
(2) in subsection (e)(2), by striking ``maintained under
section 313(b)(2)(A)'' and inserting ``required to be
maintained by sections 313(b)(2) and 313B(f)''.
(e)(1) Subject to section 313B(e) of the Rural Electrification Act
of 1936 (as added by this section), the Secretary of Agriculture shall
carry out the loan and grant program required under such section in the
same manner as the loan and grant program under section 313(b)(2) of
such Act is carried out on the day before the date of the enactment of
this Act, until such time as any regulations necessary to carry out the
amendments made by this section are fully implemented.
(2) Paragraph (1) shall take effect on the date of the enactment of
this Act.
Subtitle E--Farm Security and Rural Investment Act of 2002
SEC. 6401. RURAL ENERGY SAVINGS PROGRAM.
Section 6407 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107a) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Eligibility for other loans.--The Secretary shall not
include any debt incurred under this section in the calculation
of a borrower's debt-equity ratio for purposes of eligibility
for loans made pursuant to the Rural Electrification Act of
1936 (7 U.S.C. 901 et. seq.).''; and
(C) by adding at the end the following:
``(9) Accounting.--The Secretary shall take appropriate
steps to streamline the accounting requirements imposed on
borrowers under this section while maintaining adequate
assurances of repayment of the loan.'';
(2) in subsection (d)(1)(A), by striking ``3 percent'' and
inserting ``5 percent'';
(3) by redesignating subsection (h) as subsection (i);
(4) by inserting after subsection (g) the following:
``(h) Report to Congress.--Not later than 120 days after the end of
each fiscal year, the Secretary shall submit to the Committees on
Agriculture and Appropriations of the House of Representatives and the
Committees on Agriculture, Nutrition, and Forestry and Appropriations
of the Senate a report that describes--
``(1) the number of applications received under this
section in such fiscal year;
``(2) the number of loans made to eligible entities under
this section in such fiscal year; and
``(3) the recipients of such loans.''; and
(5) in subsection (i), as so redesignated, by striking
``2018'' and inserting ``2023''.
SEC. 6402. BIOBASED MARKETS PROGRAM.
Section 9002 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8102) is amended--
(1) by amending subsection (i) to read as follows:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2014 through 2023.''; and
(2) by adding at the end the following:
``(k) Wood and Wood-Based Products.--Notwithstanding any other
provision of law, a Federal agency may not place limitations on the
procurement of wood and wood-based products that are more limiting than
those in this section.''.
SEC. 6403. BIOREFINERY, RENEWABLE, CHEMICAL, AND BIOBASED PRODUCT
MANUFACTURING ASSISTANCE.
Section 9003 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8103) is amended--
(1) in subsection (b)(3)(A), by striking ``and'' at the end
and inserting ``or''; and
(2) by amending subsection (g) to read as follows:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2014 through 2023.''.
SEC. 6404. REPOWERING ASSISTANCE PROGRAM.
Section 9004(d) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8104(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2014 through 2023.''.
SEC. 6405. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
Section 9005 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8105) is amended--
(1) in subsection (e)--
(A) by striking ``The Secretary may'' and inserting
the following new paragraph:
``(1) Amount.--The Secretary shall''; and
(B) by adding at the end the following new
paragraph:
``(2) Feedstock.--The total amount of payments made in a
fiscal year under this section to one or more eligible
producers for the production of advanced biofuels derived from
a single eligible commodity shall not exceed one-third of the
total amount of funds made available under subsection (g).'';
and
(2) in subsection (g)--
(A) by striking paragraphs (1) and (2) and
inserting the following new paragraph:
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2019 through 2023.''; and
(B) by redesignating paragraph (3) as paragraph
(2).
SEC. 6406. BIODIESEL FUEL EDUCATION PROGRAM.
Section 9006(d) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8106(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 6407. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007(g) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8107(g)) is amended--
(1) in paragraph (1)(E), by striking ``for fiscal year 2014
and each fiscal year thereafter'' and inserting ``for each of
the fiscal years 2014 through 2018''; and
(2) in paragraph (3), by striking ``2018'' and inserting
``2023''.
SEC. 6408. CATEGORICAL EXCLUSION FOR GRANTS AND FINANCIAL ASSISTANCE
MADE UNDER THE RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107) is amended by adding at the end the following:
``(h) Categorical Exclusion.--The provision of a grant or financial
assistance under this section to any electric generating facility,
including one fueled with wind, solar, or biomass, that has a rating of
10 average megawatts or less is a category of actions hereby designated
as being categorically excluded from any requirement to prepare an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).''.
SEC. 6409. RURAL ENERGY SELF-SUFFICIENCY INITIATIVE.
Section 9009 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8109) is repealed.
SEC. 6410. FEEDSTOCK FLEXIBILITY.
Section 9010(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8110(b)) is amended--
(1) in paragraph (1)(A), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2)(A), by striking ``2018'' and inserting
``2023''.
SEC. 6411. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011(f) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8111(f)) is amended by striking paragraph (1) and
inserting the following new paragraph:
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2019 through 2023.''.
Subtitle F--Miscellaneous
SEC. 6501. VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANTS.
Section 231(b)(7) of the Agricultural Risk Protection Act of 2000
(7 U.S.C. 1632a(b)(7)) is amended--
(1) in subparagraph (B), by striking ``$40,000,000 for each
of fiscal years 2008 through 2018'' and inserting ``$50,000,000
for each of fiscal years 2019 through 2023''; and
(2) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively.
SEC. 6502. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
Section 6402(i) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1632b(i)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6503. REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT
COMMISSIONS.
Section 15751(a) of title 40, United States Code, is amended by
striking ``2018'' and inserting ``2023''.
SEC. 6504. DEFINITION OF RURAL AREA FOR PURPOSES OF THE HOUSING ACT OF
1949.
The second sentence of section 520 of the Housing Act of 1949 (42
U.S.C. 1490) is amended--
(1) by striking ``or 2010 decennial census'' and inserting
``2010, or 2020 decennial census'';
(2) by striking ``December 31, 2010,'' and inserting
``December 31, 2020,'' ; and
(3) by striking ``year 2020'' and inserting ``year 2030''.
SEC. 6505. LIMITED EXCLUSION OF MILITARY BASE RESIDENTS FROM DEFINITION
OF RURAL AREA.
(a) Programs Under the Consolidated Farm and Rural Development
Act.--Section 343(a)(13) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1991(a)(13)), as amended by section 6218 of this Act, is
amended--
(1) in subparagraph (A), by striking ``(H)'' and inserting
``(I)''; and
(2) by adding at the end the following:
``(I) Limited exclusion of military base populations.--The
first 1,500 individuals who reside in housing located on a
military base shall not be included in determining whether an
area is `rural' or a `rural area'.''.
(b) Rural Broadband Loans and Guarantee Program.--Section 601(b)(3)
of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)) is
amended by adding at the end the following:
``(C) Exclusion of military base populations.--The first
1,500 individuals who reside in housing located on a military
base shall not be included in determining whether an area is a
`rural area'.''.
(c) Distance Learning and Telemedicine Loans and Grants.--Section
2332 of the Food Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 950aaa-1) is amended by adding at the end the following:
``(4) Rural area.--The term `rural area' has the meaning
given the term in section 601(b)(3) of the Rural
Electrification Act of 1936.''.
Subtitle G--Program Repeals
SEC. 6601. ELIMINATION OF UNFUNDED PROGRAMS.
(a) Consolidated Farm and Rural Development Act.--
(1) Repealers.--The following provisions of the
Consolidated Farm and Rural Development Act are hereby
repealed:
(A) Section 306(a)(23) (7 U.S.C. 1926(a)(23)).
(B) Section 310B(f) (7 U.S.C. 1932(f)).
(C) Section 379 (7 U.S.C. 2008n).
(D) Section 379A (7 U.S.C. 2008o).
(E) Section 379C (7 U.S.C. 2008q).
(F) Section 379D (7 U.S.C. 2008r).
(G) Section 379F (7 U.S.C. 2008t).
(H) Subtitle I (7 U.S.C. 2009dd-2009dd-7).
(2) Conforming amendment.--Section 333A(h) of such Act (7
U.S.C. 1983a(h)) is amended by striking ``310B(f),''.
(b) Rural Electrification Act of 1936.--
(1) In general.--The following provisions of the Rural
Electrification Act of 1936 are hereby repealed:
(A) Section 314 (7 U.S.C. 940d).
(B) Section 602 (7 U.S.C. 950bb-1).
(2) Conforming amendment.--Sections 604 and 605 of such
Act, as added by sections 6102 and 6115 of this Act, are
redesignated as sections 602 and 604, respectively, and section
602 (as so redesignated) is transferred to just after section
601 of the Rural Electrification Act of 1936.
SEC. 6602. REPEAL OF RURAL TELEPHONE BANK.
(a) Repeal.--Title IV of the Rural Electrification Act of 1936 (7
U.S.C. 941-950b) is repealed.
(b) Conforming Amendments.--
(1) Section 18 of such Act (7 U.S.C. 918) is amended in
each of subsections (a) and (b) by striking ``and the Governor
of the telephone bank''.
(2) Section 204 of such Act (7 U.S.C. 925) is amended by
striking ``and the Governor of the telephone bank''.
(3) Section 205(a) of such Act (7 U.S.C. 926) is amended--
(A) in the matter preceding paragraph (1), by
striking ``and the Governor of the telephone bank'';
and
(B) in paragraph (2), by striking ``or the Governor
of the telephone bank''.
(4) Section 206(a) of such Act (7 U.S.C. 927(a)) is
amended--
(A) in the matter preceding paragraph (1), by
striking ``and the Governor of the telephone bank'';
and
(B) in paragraph (4), by striking ``or 408''.
(5) Section 206(b) of such Act (7 U.S.C. 927(b)) is
amended--
(A) in the matter preceding paragraph (1), by
striking ``and the Governor of the telephone bank'';
(B) in paragraph (1), by striking ``, or a Rural
Telephone Bank loan,''; and
(C) in paragraph (2), by striking ``, the Rural
Telephone Bank,''.
(6) Section 207(1) of such Act (7 U.S.C. 928(1)) is
amended--
(A) by striking ``305,'' and inserting ``305 or'';
and
(B) by striking ``, or a loan under section 408,''.
(7) Section 301 of such Act (7 U.S.C. 931) is amended--
(A) in paragraph (3), by striking ``except for net
collection proceeds previously appropriated for the
purchase of class A stock in the Rural Telephone
Bank,'';
(B) by adding ``or'' at the end of paragraph (4);
(C) by striking ``; and'' at the end of paragraph
(5) and inserting a period; and
(D) by striking paragraph (6).
(8) Section 305(d)(2)(B) of such Act (7 U.S.C.
935(d)(2)(B)) is amended--
(A) in clause (i), by striking ``and a loan under
section 408''; and
(B) in clause (ii), by striking ``and under section
408'' each place it appears.
(9) Section 305(d)(3)(C) of such Act (7 U.S.C.
935(d)(3)(C)) is amended by striking ``and section
408(b)(4)(C), the Secretary and the Governor of the telephone
bank'' and inserting ``the Secretary''.
(10) Section 306 of such Act (7 U.S.C. 936) is amended by
striking ``the Rural Telephone Bank, National Rural Utilities
Cooperative Finance Corporation,'' and inserting ``the National
Rural Utilities Cooperative Finance Corporation''.
(11) Section 309 of such Act (7 U.S.C. 739) is amended by
striking the last sentence.
(12) Section 2352(b) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 901 note) is
amended by striking ``the Rural Telephone Bank and''.
(13) The first section of Public Law 92-12 (7 U.S.C. 921a)
is repealed.
(14) The first section of Public Law 92-324 (7 U.S.C. 921b)
is repealed.
(15) Section 1414 of the Omnibus Budget Reconciliation Act
of 1987 (7 U.S.C. 944a) is repealed.
(16) Section 1411 of the Omnibus Budget Reconciliation Act
of 1987 (7 U.S.C. 948 notes) is amended by striking subsections
(a) and (b).
(17) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971
(12 U.S.C. 2129(b)(1)(A)) is amended by striking ``or a loan or
loan commitment from the Rural Telephone Bank,''.
(18) Section 105(d) of the National Consumer Cooperative
Bank Act (12 U.S.C. 3015(d)) is amended by striking ``the Rural
Telephone Bank,''.
(19) Section 9101 of title 31, United States Code, is
amended--
(A) in paragraph (2), by striking subparagraph (H)
and redesignating subparagraphs (I), (J), and (K) as
subparagraphs (H), (I), and (J), respectively; and
(B) in paragraph (3), by striking subparagraph (K)
and redesignating subparagraphs (L) through (R) as
subparagraphs (K) through (P), respectively.
(20) Section 9108(d)(2) of title 31, United States Code, is
amended by striking ``the Rural Telephone Bank (when the
ownership, control, and operation of the Bank are converted
under section 410(a) of the Rural Electrification Act of 1936
(7 U.S.C. 950(a))),''.
SEC. 6603. AMENDMENTS TO LOCAL TV ACT.
The Launching Our Communities' Access to Local Television Act of
2000 (title X of H.R. 5548 of the 106th Congress, as enacted by section
1(a)(2) of Public Law 106-553; 114 Stat. 2762A-128) is amended--
(1) by striking the title heading and inserting the
following:
``TITLE X--SATELLITE CARRIER RETRANSMISSION ELIGIBILITY'';
(2) by striking sections 1001 through 1007 and 1009 through
1012; and
(3) by redesignating section 1008 as section 1001.
Subtitle H--Technical Corrections
SEC. 6701. CORRECTIONS RELATING TO THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT.
(a)(1) Section 306(a)(19)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by inserting after
``nonprofit corporations'' the following: ``, Indian Tribes (as defined
in section 4(e) of the Indian Self-Determination and Education
Assistance Act)''.
(2) The amendment made by this subsection shall take effect as if
included in section 773 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001
(H.R. 5426 of the 106th Congress, as enacted by Public Law 106-387 (114
Stat. 1549A-45)) in lieu of the amendment made by such section.
(b)(1) Section 309A(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1929a(b)) is amended by striking ``and
section 308''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 661(c)(2) of the Federal
Agricultural Improvement and Reform Act of 1996 (Public Law 104-127).
(c) Section 310B(c)(3)(A)(v) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)(3)(A)(v)) is amended by striking
``and'' after the semicolon and inserting ``or''.
(d)(1) Section 310B(e)(5)(F) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(e)(5)(F)) is amended by inserting ``,
except that the Secretary shall not require non-Federal financial
support in an amount that is greater than 5 percent in the case of a
1994 institution (as defined in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382))'' before the period at the end.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 6015 of the Farm Security and
Rural Investment Act of 2002 (Public Law 107-171).
(e)(1) Section 381E(d)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d(d)(3)) is amended by striking
subparagraph (A) and redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(2) The amendment made by paragraph (1) shall take effect as if
included in the enactment of section 6012(b) of the Agricultural Act of
2014 (Public Law 113-79).
(f)(1) Section 382A of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009aa) is amended by adding at the end the following:
``(4) Notwithstanding any other provision of law, the State
of Alabama shall be a full member of the Delta Regional
Authority and shall be entitled to all rights and privileges
that said membership affords to all other participating States
in the Delta Regional Authority.''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 153(b) of division B of H.R. 5666,
as introduced in the 106th Congress, and as enacted by section 1(4) of
the Consolidated Appropriations Act, 2001 (Appendix D of Public Law
106-554; 114 Stat. 2763A-252).
(g) Section 382E(a)(1)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C.2009aa-4(a)(1)(B)) is amended by moving clause
(iv) 2 ems to the right.
(h) Section 383G(c) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009bb-5(c)) is amended--
(1) in the subsection heading by striking
``Telecommunication Renewable Energy,,'' and inserting
``Telecommunication, Renewable Energy,''; and
(2) in the text, by striking ``,,'' and inserting a comma.
SEC. 6702. CORRECTIONS RELATING TO THE RURAL ELECTRIFICATION ACT OF
1936.
(a) Section 201 of the Rural Electrification Act of 1936 (7 U.S.C.
922) is amended in the 3rd sentence by striking ``wildest'' and
inserting ``widest''.
(b)(1) Section 601(d)(8)(A)(ii)(V) of such Act (7 U.S.C.
950bb(d)(8)(A)(ii)(V)) is amended by striking the semicolon and
inserting a period.
(2) The amendment made by paragraph (1) shall take effect as if
included in the enactment of section 6104(a)(2)(E) of the Agricultural
Act of 2014 (Public Law 113-79).
Subtitle I--Precision Agriculture Connectivity
SEC. 6801. FINDINGS.
Congress finds the following:
(1) Precision agriculture technologies and practices allow
farmers to significantly increase crop yields, eliminate
overlap in operations, and reduce inputs such as seed,
fertilizer, pesticides, water, and fuel.
(2) These technologies allow farmers to collect data in
real time about their fields, automate field management, and
maximize resources.
(3) Studies estimate that precision agriculture
technologies can reduce agricultural operation costs by up to
25 dollars per acre and increase farm yields by up to 70
percent by 2050.
(4) The critical cost savings and productivity benefits of
precision agriculture cannot be realized without the
availability of reliable broadband Internet access service
delivered to the agricultural land of the United States.
(5) The deployment of broadband Internet access service to
unserved and underserved agricultural land is critical to the
United States economy and to the continued leadership of the
United States in global food production.
(6) Despite the growing demand for broadband Internet
access service on agricultural land, broadband Internet access
service is not consistently available where needed for
agricultural operations.
(7) The Federal Communications Commission has an important
role to play in the deployment of broadband Internet access
service on unserved and underserved agricultural land to
promote precision agriculture.
SEC. 6802. TASK FORCE FOR REVIEWING THE CONNECTIVITY AND TECHNOLOGY
NEEDS OF PRECISION AGRICULTURE.
(a) Definitions.--In this section--
(1) the term ``broadband Internet access service'' has the
meaning given the term in section 8.2 of title 47, Code of
Federal Regulations, or any successor regulation;
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``Department'' means the Department of
Agriculture; and
(4) the term ``Task Force'' means the Task Force for
Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States established under subsection
(b).
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Commission shall establish the Task Force
for Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States.
(c) Duties.--
(1) In general.--The Task Force shall consult with the
Secretary, or a designee of the Secretary, and collaborate with
public and private stakeholders in the agriculture and
technology fields to--
(A) identify and measure current gaps in the
availability of broadband Internet access service on
agricultural land;
(B) develop policy recommendations to promote the
rapid, expanded deployment of broadband Internet access
service on unserved agricultural land, with a goal of
achieving reliable capabilities on 95 percent of
agricultural land in the United States by 2025;
(C) promote effective policy and regulatory
solutions that encourage the adoption of broadband
Internet access service on farms and ranches and
promote precision agriculture;
(D) recommend specific new rules or amendments to
existing rules of the Commission that the Commission
should issue to achieve the goals and purposes of the
policy recommendations described in subparagraph (B);
(E) recommend specific steps that the Commission
should take to obtain reliable and standardized data
measurements of the availability of broadband Internet
access service as may be necessary to target funding
support, from existing or future programs of the
Commission dedicated to the deployment of broadband
Internet access service, to unserved agricultural land
in need of broadband Internet access service; and
(F) recommend specific steps that the Commission
should consider to ensure that the expertise of the
Secretary and available farm data are reflected in
existing or future programs of the Commission dedicated
to the infrastructure deployment of broadband Internet
access service and to direct available funding to
unserved agricultural land where needed.
(2) Consultation.--The Secretary, or a designee of the
Secretary, shall explain and make available to the Task Force
the expertise, data mapping information, and resources of the
Department that the Department uses to identify cropland,
ranchland, and other areas with agricultural operations that
may be helpful in developing the recommendations required under
paragraph (1).
(3) List of available federal programs and resources.--Not
later than 180 days after the date of enactment of this Act,
the Secretary and the Commission shall jointly submit to the
Task Force a list of all Federal programs or resources
available for the expansion of broadband Internet access
service on unserved agricultural land to assist the Task Force
in carrying out the duties of the Task Force.
(d) Membership.--
(1) In general.--The Task Force shall be--
(A) composed of not more than 15 voting members who
shall--
(i) be selected by the Chairman of the
Commission, in consultation with the Secretary;
and
(ii) include--
(I) agricultural producers
representing diverse geographic regions
and farm sizes, including owners and
operators of farms of less than 100
acres;
(II) Internet service providers,
including regional or rural fixed and
mobile broadband Internet access
service providers and
telecommunications infrastructure
providers;
(III) representatives from the
electric cooperative industry;
(IV) representatives from the
satellite industry;
(V) representatives from precision
agriculture equipment manufacturers,
including drone manufacturers,
manufacturers of autonomous
agricultural machinery, and
manufacturers of farming robotics
technologies; and
(VI) representatives from State and
local governments; and
(B) fairly balanced in terms of technologies,
points of view, and fields represented on the Task
Force.
(2) Period of appointment; vacancies.--
(A) In general.--A member of the Committee
appointed under paragraph (1)(A) shall serve for a
single term of 2 years.
(B) Vacancies.--Any vacancy in the Task Force--
(i) shall not affect the powers of the Task
Force; and
(ii) shall be filled in the same manner as
the original appointment.
(3) Ex-officio member.--The Secretary, or a designee of the
Secretary, shall serve as an ex-officio, nonvoting member of
the Task Force.
(e) Reports.--Not later than 1 year after the date on which the
Commission establishes the Task Force, and annually thereafter, the
Task Force shall submit to the Chairman of the Commission a report,
which shall be made public not later than 30 days after the date on
which the Chairman receives the report, that details--
(1) the status of fixed and mobile broadband Internet
access service coverage of agricultural land;
(2) the projected future connectivity needs of agricultural
operations, farmers, and ranchers; and
(3) the steps being taken to accurately measure the
availability of broadband Internet access service on
agricultural land and the limitations of current, as of the
date of the report, measurement processes.
(f) Termination.--The Commission shall renew the Task Force every 2
years until the Task Force terminates on January 1, 2025.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. INTERNATIONAL AGRICULTURE RESEARCH.
Section 1402 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) support international scientific collaboration that
leverages resources and advances the food and agricultural
interests of the United States.''.
SEC. 7102. MATTERS RELATED TO CERTAIN SCHOOL DESIGNATIONS AND
DECLARATIONS.
(a) Study of Food and Agricultural Sciences.--
(1) Amendment.--Section 1404(14) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103(14)) is amended--
(A) by amending subparagraph (A) to read as
follows:
``(A) In general.--
``(i) Definition.--The terms `NLGCA
Institution' and `non-land-grant college of
agriculture' mean a public college or
university offering a baccalaureate or higher
degree in the study of agricultural sciences,
forestry, or both in any area of study
specified in clause (ii).
``(ii) Clarification.--For purposes of
clause (i), an area of study specified in this
clause is any of the following:
``(I) Agriculture.
``(II) Agricultural business and
management.
``(III) Agricultural economics.
``(IV) Agricultural mechanization.
``(V) Agricultural production
operations.
``(VI) Aquaculture.
``(VII) Agricultural and food
products processing.
``(VIII) Agricultural and domestic
animal services.
``(IX) Equestrian or equine
studies.
``(X) Applied horticulture or
horticulture operations.
``(XI) Ornamental horticulture.
``(XII) Greenhouse operations and
management.
``(XIII) Turf and turfgrass
management.
``(XIV) Plant nursery operations
and management.
``(XV) Floriculture or floristry
operations and management.
``(XVI) International agriculture.
``(XVII) Agricultural public
services.
``(XVIII) Agricultural and
extension education services.
``(XIX) Agricultural communication
or agricultural journalism.
``(XX) Animal sciences.
``(XXI) Food science.
``(XXII) Plant sciences.
``(XXIII) Soil sciences.
``(XXIV) Forestry.
``(XXV) Forest sciences and
biology.
``(XXVI) Natural resources or
conservation.
``(XXVII) Natural resources
management and policy.
``(XXVIII) Natural resource
economics.
``(XXIX) Urban forestry.
``(XXX) Wood science and wood
products or pulp or paper technology.
``(XXXI) Range science and
management.
``(XXXII) Agricultural
engineering.''; and
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by
inserting ``any institution designated under''
after ``include'';
(ii) by striking clause (i); and
(iii) in clause (ii)--
(I) by striking ``(ii) any
institution designated under--'';
(II) by striking subclause (IV);
(III) in subclause (II), by adding
``or'' at the end;
(IV) in subclause (III), by
striking ``; or'' at the end and
inserting a period; and
(V) by redesignating subclauses
(I), (II), and (III) (as so amended) as
clauses (i), (ii), and (iii),
respectively, and by moving the margins
of such clauses (as so redesignated)
two ems to the left.
(2) Designation review.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
establish a process to review each designated NLGCA
Institution (as defined in section 1404(14)(A) of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103(14)(A))) to ensure
compliance with such section, as amended by this
subsection.
(B) Violation.--An NLGCA Institution that the
Secretary determines under subparagraph (A) to be not
in compliance shall have the designation of such
institution revoked.
(b) Termination of Certain Declarations of Intent.--Section 1404 of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3103) is amended--
(1) in paragraph (5)(B), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (10)(C), by striking ``2018'' and
inserting ``2023''.
SEC. 7103. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
Section 1408 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3123) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``25'' and
inserting ``15''; and
(B) by amending paragraph (3) to read as follows:
``(3) Membership categories.--The Advisory Board shall
consist of members from each of the following categories:
``(A) 3 members representing national farm or
producer organizations, which may include members--
``(i) representing farm cooperatives;
``(ii) who are producers actively engaged
in the production of a food animal commodity
and who are recommended by a coalition of
national livestock organizations;
``(iii) who are producers actively engaged
in the production of a plant commodity and who
are recommended by a coalition of national crop
organizations; or
``(iv) who are producers actively engaged
in aquaculture and who are recommended by a
coalition of national aquacultural
organizations.
``(B) 2 members representing academic or research
societies, which may include members representing--
``(i) a national food animal science
society;
``(ii) a national crop, soil, agronomy,
horticulture, plant pathology, or weed science
society;
``(iii) a national food science
organization;
``(iv) a national human health association;
or
``(v) a national nutritional science
society.
``(C) 5 members representing agricultural research,
extension, and education, which shall include each of
the following:
``(i) 1 member representing the land-grant
colleges and universities eligible to receive
funds under the Act of July 2, 1862 (7 U.S.C.
301 et seq.).
``(ii) 1 member representing the land-grant
colleges and universities eligible to receive
funds under the Act of August 30, 1890 (7
U.S.C. 321 et seq.), including Tuskegee
University.
``(iii) 1 member representing the 1994
Institutions (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103-382)).
``(iv) 1 member representing NLGCA
Institutions or Hispanic-serving institutions.
``(v) 1 member representing the American
Colleges of Veterinary Medicine.
``(D) 5 members representing industry, consumer, or
rural interests, including members representing--
``(i) entities engaged in transportation of
food and agricultural products to domestic and
foreign markets;
``(ii) food retailing and marketing
interests;
``(iii) food and fiber processors;
``(iv) rural economic development
interests;
``(v) a national consumer interest group;
``(vi) a national forestry group;
``(vii) a national conservation or natural
resource group;
``(viii) a national social science
association; or
``(ix) private sector organizations
involved in international development.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``review and'' and inserting
``make recommendations, review, and'';
(ii) by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) long-term and short-term national policies
and priorities consistent with the--
``(i) purposes specified in section 1402
for agricultural research, extension,
education, and economics; and
``(ii) priority areas of the Agriculture
and Food Research Initiative specified in
subsection (b)(2) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C.
3157(b)(2));''; and
(iii) in subparagraph (B), by striking
clause (i) and inserting the following new
clause:
``(i) are in accordance with the--
``(I) purposes specified in a
provision of a covered law (as defined
in subsection (d) of section 1492)
under which competitive grants
(described in subsection (c) of such
section) are awarded; and
``(II) priority areas of the
Agriculture and Food Research
Initiative specified in subsection
(b)(2) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C.
3157(b)(2)); and'';
(B) in paragraph (2), by inserting ``and make
recommendations to the Secretary based on such
evaluation'' after ``priorities''; and
(C) in paragraph (4), by inserting ``and make
recommendations on'' after ``review''; and
(3) in subsection (h), by striking ``2018'' and inserting
``2023''.
SEC. 7104. SPECIALTY CROP COMMITTEE.
Section 1408A(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a(a)(2)) is
amended--
(1) in subparagraph (A), by striking ``speciality'' and
inserting ``specialty'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``9'' and inserting ``11''; and
(B) in clause (i), by striking ``Three'' and
inserting ``Five''; and
(3) in subparagraph (D), by striking ``2018'' and inserting
``2023''.
SEC. 7105. RENEWABLE ENERGY COMMITTEE DISCONTINUED.
Subtitle B of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3121 et seq.) is amended by
striking section 1408B.
SEC. 7106. REPORT ON ALLOCATIONS AND MATCHING FUNDS FOR 1890
INSTITUTIONS.
The Secretary of Agriculture shall annually transmit to Congress a
report on the allocations made to, and matching funds received by,
eligible institutions pursuant to sections 1444 and 1445 of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3221, 3222).
SEC. 7107. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE SCIENCES
EDUCATION.
Section 1417(m)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7108. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS.
Section 1419A(e) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3155(e)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7109. EDUCATION GRANTS TO ALASKA NATIVE SERVING INSTITUTIONS AND
NATIVE HAWAIIAN SERVING INSTITUTIONS.
Section 1419B of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3156) is amended--
(1) in subsection (a)(3), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (b)(3), by striking ``2018'' and
inserting ``2023''.
SEC. 7110. REPEAL OF NUTRITION EDUCATION PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by striking section 1425 (7 U.S.C. 3175).
SEC. 7111. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH PROGRAMS.
Section 1433(c)(1) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195(c)(1)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7112. EXTENSION CARRYOVER AT 1890 LAND-GRANT COLLEGES, INCLUDING
TUSKEGEE UNIVERSITY.
Effective on October 1, 2018, section 1444(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3221(a)) is amended by striking paragraph (4).
SEC. 7113. RESEARCH AND EXTENSION FUNDING EQUITY FOR RECENTLY
DESIGNATED 1890 INSTITUTIONS.
(a) Extension.--Section 1444(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(b))
is amended, in the matter following paragraph (2)(B), by adding at the
end the following: ``Beginning with fiscal year 2019, in making the
calculation under paragraph (1), any recently designated 1890
Institution shall be deemed to have been designated as an eligible
institution on or before September 30, 1978. For purposes of the
preceding sentence, a `recently designated 1890 Institution' means an
1890 Institution designated as such on or after September 30, 1999.''.
(b) Research.--Section 1445 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222) is amended--
by adding at the end the following new paragraph:
``(3) Beginning with fiscal year 2019, in making the
calculation under paragraph (2)(A), any recently designated
1890 Institution (as defined in section 1444(b)) shall be
deemed to have been designated as an eligible institution on or
before September 30, 1978.''.
SEC. 7114. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.
Subtitle G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 is amended by inserting after section 1445
(7 U.S.C. 3222) the following new section:
``SEC. 1446. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.
``(a) In General.--
``(1) Scholarship grant program established.--The Secretary
shall establish and carry out a grant program to make grants to
each college or university eligible to receive funds under the
Act of August 30, 1890 (commonly known as the Second Morrill
Act; 7 U.S.C. 322 et seq.), including Tuskegee University, for
purposes of awarding scholarships to individuals who--
``(A) have been accepted for admission at such
college or university;
``(B) will be enrolled at such college or
university not later than one year after the date of
such acceptance; and
``(C) intend to pursue a career in the food and
agricultural sciences, including a career in--
``(i) agribusiness;
``(ii) energy and renewable fuels; or
``(iii) financial management.
``(2) Amount of grant.--Each grant made under this section
shall be in the amount of $1,000,000.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $19,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7115. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES
AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE
UNIVERSITY.
Section 1447(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7116. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES FACILITIES
AND EQUIPMENT AT INSULAR AREA LAND-GRANT INSTITUTIONS.
Section 1447B(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222b-2(d)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7117. HISPANIC-SERVING INSTITUTIONS.
Section 1455(c) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3241(c)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7118. LAND-GRANT DESIGNATION.
Subtitle C of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) is amended by
adding at the end the following new section:
``SEC. 1419C. LAND-GRANT DESIGNATION.
``(a) In General.--Notwithstanding any other provision of law,
beginning on the date of the enactment of this section, no additional
entity may be designated as eligible to receive funds under a covered
program.
``(b) State Funding.--No State shall receive an increase in funding
under a covered program as a result of the State's designation of
additional entities as eligible to receive such funding.
``(c) Covered Program Defined.--For purposes of this section, the
term `covered program' means agricultural research, extension,
education, and related programs or grants established or available
under any of the following:
``(1) Subsections (b), (c), and (d) of section 3 of the
Smith-Lever Act (7 U.S.C. 343).
``(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.).
``(3) Sections 1444, 1445, and 1447 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3221; 3222; 3222b).
``(4) Public Law 87-788 (commonly known as the McIntire-
Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).
``(d) Exception.--Nothing in this section shall be construed as
limiting eligibility for a capacity and infrastructure program
specified in section 251(f)(1)(C) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)) that is not a
covered program.''.
SEC. 7119. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL SCIENCE
AND EDUCATION PROGRAMS.
Section 1459A(c)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7120. LIMITATION ON INDIRECT COSTS FOR AGRICULTURAL RESEARCH,
EDUCATION, AND EXTENSION PROGRAMS.
Section 1462 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310) is amended--
(1) in subsection (a), by striking ``22 percent'' and
inserting ``30 percent'';
(2) in subsection (b), by striking ``Subsection (a)'' and
inserting ``Subsections (a) and (c)''; and
(3) by adding at the end the following:
``(c) Treatment of Subgrants.--In the case of a grant described in
subsection (a), the limitation on indirect costs specified in such
subsection shall be applied to both the initial grant award and any
subgrant of the Federal funds provided under the initial grant award so
that the total of all indirect costs charged against the total of the
Federal funds provided under the initial grant award does not exceed
such limitation.''.
SEC. 7121. RESEARCH EQUIPMENT GRANTS.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1462 (7 U.S.C. 3310)
the following new section:
``SEC. 1462A. RESEARCH EQUIPMENT GRANTS.
``(a) In General.--The Secretary may make competitive grants for
the acquisition of special purpose scientific research equipment for
use in the food and agricultural sciences programs of eligible
institutions.
``(b) Maximum Amount.--The amount of a grant made to an eligible
institution under this section may not exceed $500,000.
``(c) Prohibition on Charge or Equipment as Indirect Costs.--The
cost of acquisition or depreciation of equipment purchased with a grant
under this section shall not be--
``(1) charged as an indirect cost against another Federal
grant; or
``(2) included as part of the indirect cost pool for
purposes of calculating the indirect cost rate of an eligible
institution.
``(d) Eligible Institutions Defined.--In this section, the term
`eligible institution' means--
``(1) a college or university; or
``(2) a State cooperative institution.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7122. UNIVERSITY RESEARCH.
Section 1463 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by striking
``2018'' each place it appears in subsections (a) and (b) and inserting
``2023''.
SEC. 7123. EXTENSION SERVICE.
Section 1464 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7124. SUPPLEMENTAL AND ALTERNATIVE CROPS.
Section 1473D of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended--
(1) in subsection (a)--
(A) by striking ``2018'' and inserting ``2023'';
and
(B) by striking ``crops,'' and inserting ``crops
(including canola),'';
(2) in subsection (b)--
(A) by inserting ``for agronomic rotational
purposes and for use as a habitat for honey bees and
other pollinators'' after ``alternative crops''; and
(B) by striking ``commodities whose'' and all that
follows through the period at the end and inserting
``commodities.''; and
(3) in subsection (e)(2), by striking ``2018'' and
inserting ``2023''.
SEC. 7125. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.
Section 1473F(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7126. AQUACULTURE ASSISTANCE PROGRAMS.
Section 1477(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3324(a)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7127. RANGELAND RESEARCH PROGRAMS.
Section 1483(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7128. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND RESPONSE.
Section 1484 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3351) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) $30,000,000 for each of fiscal years 2019 through
2023.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``and cooperative agreements'' after
``competitive grants'';
(B) in paragraph (3), by striking ``make
competitive grants'' and inserting ``award competitive
grants and cooperative agreements''; and
(C) by adding at the end the following new
paragraph:
``(5) To coordinate the tactical science activities of the
Research, Education, and Economics mission area of the
Department that protect the integrity, reliability,
sustainability, and profitability of the food and agricultural
system of the United States against biosecurity threats from
pests, diseases, contaminants, and disasters.''.
SEC. 7129. DISTANCE EDUCATION AND RESIDENT INSTRUCTION GRANTS PROGRAM
FOR INSULAR AREA INSTITUTIONS OF HIGHER EDUCATION.
(a) Distance Education Grants for Insular Areas.--Section
1490(f)(2) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3362(f)(2)) is amended by
striking ``2018'' and inserting ``2023''.
(b) Resident Instruction Grants for Insular Areas.--Section
1491(c)(2) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7130. REMOVAL OF MATCHING FUNDS REQUIREMENT FOR CERTAIN GRANTS.
Section 1492(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3371(d)) is amended by
striking paragraph (5).
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.
Section 1624 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5814) is amended in the first sentence by striking
``2018'' and inserting ``2023''.
SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.
Section 1627(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5821(d)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND TRANSFER
PROGRAM.
Section 1628(f)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5831(f)(2)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 7204. NATIONAL TRAINING PROGRAM.
Section 1629(i) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5832(i)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7205. NATIONAL GENETICS RESOURCES PROGRAM.
Section 1635(b)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5844(b)(2)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 7206. NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM.
Section 1641(c) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5855(c)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7207. AGRICULTURAL GENOME TO PHENOME INITIATIVE.
Section 1671 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5924) is amended--
(1) in the section heading, by inserting ``to phenome''
after ``genome'';
(2) by amending subsection (a) to read as follows:
``(a) Goals.--The goals of this section are--
``(1) to expand knowledge concerning genomes and phenomes
of crops of importance to United States agriculture;
``(2) to understand how variable weather, environments, and
production systems impact the growth and productivity of
specific varieties of crops, thereby providing greater accuracy
in predicting crop performance under variable growing
conditions;
``(3) to support research that leverages plant genomic
information with phenotypic and environmental data through an
interdisciplinary framework, leading to a novel understanding
of plant processes that affect crop growth, productivity, and
the ability to predict crop performance, resulting in the
deployment of superior varieties to growers and improved crop
management recommendations for farmers;
``(4) to promote and coordinate research linking genomics
and predictive phenomics at different sites nationally to
achieve advances in crops that generate societal benefits;
``(5) to combine fields such as genetics, genomics, plant
physiology, agronomy, climatology, and crop modeling with
computation and informatics, statistics, and engineering;
``(6) to focus on crops that will yield scientifically
important results that will enhance the usefulness of many
other crops;
``(7) to build on genomic research, such as the Plant
Genome Research Project, to understand gene function in
production environments that are expected to have considerable
payoffs for crops of importance to United States agriculture;
``(8) to develop improved data analytics to enhance
understanding of the biological function of crop genes;
``(9) to allow resources developed under this section,
including data, software, germplasm, and other biological
materials, to be openly accessible to all persons, subject to
any confidentiality requirements imposed by law; and
``(10) to encourage international partnerships with each
partner country responsible for financing its own research.'';
(3) by amending subsection (b) to read as follows:
``(b) Duties of Secretary.--The Secretary of Agriculture shall
conduct a research initiative (to be known as the `Agricultural Genome
to Phenome Initiative') for the purpose of--
``(1) studying agriculturally significant crops in
production environments to achieve sustainable and secure
agricultural production;
``(2) ensuring that current gaps in existing knowledge of
agricultural crop genetics and phenomics knowledge are filled;
``(3) identifying and developing a functional understanding
of agronomically relevant genes from crops of importance to
United States agriculture;
``(4) ensuring future genetic improvement of crops of
importance to United States agriculture;
``(5) studying the relevance of diverse germplasm as a
source of unique genes that may be of importance to United
States agriculture in the future;
``(6) enhancing crop genetics to reduce the economic impact
of plant pathogens on crops of importance to United States
agriculture; and
``(7) disseminating findings to relevant audiences.'';
(4) in subsection (c)(1), by inserting ``, acting through
the National Institute of Food and Agriculture,'' after ``The
Secretary'';
(5) in subsection (e), by inserting ``to Phenome'' after
``Genome''; and
(6) by adding at the end the following new subsection:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7208. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925) is amended--
(1) in subsection (d)--
(A) in paragraph (8)--
(i) in the heading, by striking ``Alfalfa
and forage'' and inserting ``Alfalfa seed and
alfalfa forage systems'';
(ii) by striking ``alfalfa and forage'' and
inserting ``alfalfa seed and alfalfa forage
systems''; and
(iii) by striking ``alfalfa and other
forages, and'' and inserting ``alfalfa seed and
other alfalfa forage''; and
(B) by adding at the end the following new
paragraphs:
``(11) Macadamia tree health initiative.--Research and
extension grants may be made under this section for the
purposes of--
``(A) developing and disseminating science-based
tools and treatments to combat the macadamia felted
coccid (Eriococcus ironsidei); and
``(B) establishing an areawide integrated pest
management program in areas affected by, or areas at
risk of being affected by, the macadamia felted coccid.
``(12) National turfgrass research initiative.--Research
and extension grants may be made under this section for the
purposes of--
``(A) carrying out or enhancing research related to
turfgrass and sod issues;
``(B) enhancing production and uses of turfgrass
for the general public;
``(C) identifying new turfgrass varieties with
superior drought, heat, cold, and pest tolerance to
reduce water, fertilizer, and pesticide use;
``(D) selecting genetically superior turfgrasses
and developing improved technologies for managing
commercial, residential, and recreational turfgrass
areas;
``(E) producing turfgrasses that--
``(i) aid in mitigating soil erosion;
``(ii) protect against pollutant runoff
into waterways; or
``(iii) provide other environmental
benefits;
``(F) investigating, preserving, and protecting
native plant species, including grasses not currently
utilized in turfgrass systems;
``(G) creating systems for more economical and
viable turfgrass seed and sod production throughout the
United States; and
``(H) investigating the turfgrass phytobiome and
developing biologic products to enhance soil, enrich
plants, and mitigate pests.
``(13) Fertilizer management initiative.--
``(A) In general.--Research and extension grants
may be made under this section for the purpose of
carrying out research to improve fertilizer use
efficiency in crops--
``(i) to maximize crop yield; and
``(ii) to minimize nutrient losses to
surface and groundwater and the atmosphere.
``(B) Priority.--In awarding grants under
subparagraph (A), the Secretary shall give priority to
research examining the impact of the source, rate,
timing, and placement of plant nutrients.
``(14) Cattle fever tick program.--Research and extension
grants may be made under this section to study cattle fever
ticks--
``(A) to facilitate the understanding of the role
of wildlife in the persistence and spread of cattle
fever ticks;
``(B) to develop advanced methods for eradication
of cattle fever ticks, including--
``(i) alternative treatment methods for
cattle and other susceptible species;
``(ii) field treatment for premises,
including corral pens and pasture loafing
areas;
``(iii) methods for treatment and control
on infested wildlife;
``(iv) biological control agents; and
``(v) new and improved vaccines;
``(C) to evaluate rangeland vegetation that impacts
the survival of cattle fever ticks;
``(D) to improve management of diseases relating to
cattle fever ticks that are associated with wildlife,
livestock, and human health;
``(E) to improve diagnostic detection of tick-
infested or infected animals and pastures; and
``(F) to conduct outreach to impacted ranchers,
hunters, and landowners to integrate tactics and
document sustainability of best practices.
``(15) Laying hen and turkey research program.--Research
grants may be made under this section for the purpose of
improving the efficiency and sustainability of laying hen and
turkey production through integrated, collaborative research
and technology transfer. Emphasis may be placed on laying hen
and turkey disease prevention, antimicrobial resistance,
nutrition, gut health, and alternative housing systems under
extreme seasonal weather conditions.
``(16) Chronic wasting disease.--Research and extension
grants may be made under this section for projects relating to
treating, mitigating, or eliminating chronic wasting disease.
``(17) Algae agriculture research program.--Research and
extension grants may be made under this section for the
development and testing of algae and algae systems (including
micro- and macro-algae systems).'';
(2) in subsection (e)(5), by striking ``2018'' and
inserting ``2023'';
(3) in subsection (f)(5), by striking ``2018'' and
inserting ``2023'';
(4) in subsection (g), by striking ``2018'' each place it
appears and inserting ``2023''; and
(5) in subsection (h), by striking ``2018'' and inserting
``2023''.
SEC. 7209. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925b) is amended--
(1) in subsection (a)(7), by inserting ``, soil health,''
after ``conservation''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) $30,000,000 for each of fiscal years 2019
through 2023.''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``for fiscal years 2014 through 2018''; and
(ii) by striking ``2018'' and inserting
``2023''.
SEC. 7210. FARM BUSINESS MANAGEMENT.
Section 1672D of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925f) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary may make competitive research and
extension grants for the purpose of improving the farm management
knowledge and skills of agricultural producers by maintaining and
expanding a national, publicly available farm financial management
database to support improved farm management.'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``and producer''
and inserting ``educational programs and''; and
(B) in paragraph (4), by striking ``use and
support'' and inserting ``contribute data to''; and
(3) in subsection (d)(2), by striking ``2018'' and
inserting ``2023''.
SEC. 7211. CLARIFICATION OF VETERAN ELIGIBILITY FOR ASSISTIVE
TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
Section 1680 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5933) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(7) Clarification of application of provisions to
veterans with disabilities.--This subsection shall apply with
respect to veterans with disabilities, and their families,
who--
``(A) are engaged in farming or farm-related
occupations; or
``(B) are pursuing new farming opportunities.'';
(2) in subsection (b)--
(A) by inserting ``(including veterans)'' after
``individuals''; and
(B) by inserting ``or, in the case of veterans with
disabilities, who are pursuing new farming
opportunities'' before the period at the end; and
(3) in subsection (c)(1)(B), by striking ``2018'' and
inserting ``2023''.
SEC. 7212. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking ``2018'' and
inserting ``2023''.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 7300. ENDING LIMITATION ON FUNDING UNDER NATIONAL FOOD SAFETY
TRAINING, EDUCATION, EXTENSION, OUTREACH, AND TECHNICAL
ASSISTANCE PROGRAM.
Section 405(e)(3) of the Agricultural Research, Extension, And
Education Reform Act of 1998 (7 U.S.C. 7625(e)(3)) is amended to read
as follows:
``(3) Term of grant.--A grant under this section shall have
a term that is not more than 3 years.''.
SEC. 7301. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION,
OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.
Section 405(j) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7625(j)) is amended by striking
``2011 through 2015'' and inserting ``2019 through 2023''.
SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE
GRANTS PROGRAM.
Section 406(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7303. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT, TRITICALE,
AND BARLEY CAUSED BY FUSARIUM GRAMINEARUM OR BY TILLETIA
INDICA.
Section 408(e)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7628(e)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7304. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410(d)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7630(d)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7305. SPECIALTY CROP RESEARCH INITIATIVE.
(a) Elements of Initiative.--Section 412(b) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by adding ``and'' at the
end; and
(C) by adding at the end the following new
subparagraph:
``(F) size-controlling rootstock systems for
perennial crops;'';
(2) in paragraph (2)--
(A) by striking ``including threats to specialty
crop pollinators;'' and inserting the following:
``including--
``(A) threats to specialty crop pollinators; and'';
and
(B) by adding at the end the following new
subparagraph:
``(B) emerging and invasive species;'';
(3) in paragraph (3), by striking ``marketing);'' and
inserting the following: ``marketing) and a better
understanding of the soil rhizosphere microbiome, including--
``(A) pesticide application systems and certified
drift-reduction technologies; and
``(B) systems to improve and extend storage life of
specialty crops;'';
(4) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(5) by inserting after paragraph (3) the following new
paragraph:
``(4) efforts to promote a more effective understanding and
use of existing natural enemy complexes;''; and
(6) in paragraph (5) (as redesignated by paragraph (4))--
(A) by striking ``including improved mechanization
and technologies that delay or inhibit ripening; and''
and inserting the following: ``including--
``(A) technologies that delay or inhibit
ripening;''; and
(B) by adding at the end the following new
subparagraphs:
``(B) mechanization and automation of labor-
intensive tasks on farms and in packing facilities;
``(C) decision support systems driven by phenology
and environmental factors;
``(D) improved monitoring systems for agricultural
pests; and
``(E) effective systems for pre- and post-harvest
management of quarantine pests; and''.
(b) Priorities.--Section 412(h)(1) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(h)(1)) is
amended by striking ``multi-institutional'' and inserting ``or multi-
institutional''.
(c) Emergency Citrus Disease Research and Extension Program.--
Section 412 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7632) is amended--
(1) in subsection (j)(5), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (k)(1)(C), by striking ``2018'' and
inserting ``2023''.
(d) Authorization of Appropriations.--Section 412(k)(2) of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(k)(2)) is amended--
(1) in the subsection heading, by striking ``2018'' and
inserting ``2023''; and
(2) by striking ``2018'' and inserting ``2023''.
SEC. 7306. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
Section 604(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7307. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7653(f)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7308. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.
Section 617(f)(1) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7655b(f)(1)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle D--Food, Conservation, and Energy Act of 2008
PART I--AGRICULTURAL SECURITY
SEC. 7401. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
Section 14112(c)(2) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8912(c)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7402. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPARATION, AND RESPONSE.
Section 14113 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8913) is amended--
(1) in subsection (a)(2)(B), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (b)(2)(B), by striking ``2018'' and
inserting ``2023''.
SEC. 7403. RESEARCH AND DEVELOPMENT OF AGRICULTURAL COUNTERMEASURES.
Section 14121(b)(2) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8921(b)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7404. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
Section 14122(e)(2) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8922(e)(2)) is amended by striking ``2018'' and
inserting ``2023''.
PART II--MISCELLANEOUS
SEC. 7411. GRAZINGLANDS RESEARCH LABORATORY.
Section 7502 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2019) is amended by striking ``10-year
period'' and inserting ``15-year period''.
SEC. 7412. NATURAL PRODUCTS RESEARCH PROGRAM.
Section 7525(e) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 5937(e)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7413. SUN GRANT PROGRAM.
Section 7526(g) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8114(g)) is amended by striking ``2018'' and inserting
``2023''.
Subtitle E--Amendments to Other Laws
SEC. 7501. CRITICAL AGRICULTURAL MATERIALS ACT.
Section 16(a)(2) of the Critical Agricultural Materials Act (7
U.S.C. 178n(a)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7502. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) 1994 Institution Defined.--Section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended to read as follows:
``SEC. 532. DEFINITION OF 1994 INSTITUTION.
``In this part, the term `1994 Institution' means any of the
following colleges:
``(1) Aaniiih Nakoda College.
``(2) Bay Mills Community College.
``(3) Blackfeet Community College.
``(4) Cankdeska Cikana Community College.
``(5) Chief Dull Knife College.
``(6) College of Menominee Nation.
``(7) College of the Muscogee Nation.
``(8) D-Q University.
``(9) Dine College.
``(10) Fond du Lac Tribal and Community College.
``(11) Fort Peck Community College.
``(12) Haskell Indian Nations University.
``(13) Ilisagvik College.
``(14) Institute of American Indian and Alaska Native
Culture and Arts Development.
``(15) Keweenaw Bay Ojibwa Community College.
``(16) Lac Courte Oreilles Ojibwa Community College.
``(17) Leech Lake Tribal College.
``(18) Little Big Horn College.
``(19) Little Priest Tribal College.
``(20) Navajo Technical University.
``(21) Nebraska Indian Community College.
``(22) Northwest Indian College.
``(23) Nueta Hidatsa Sahnish College.
``(24) Oglala Lakota College.
``(25) Red Lake Nation College.
``(26) Saginaw Chippewa Tribal College.
``(27) Salish Kootenai College.
``(28) Sinte Gleska University.
``(29) Sisseton Wahpeton College.
``(30) Sitting Bull College.
``(31) Southwestern Indian Polytechnic Institute.
``(32) Stone Child College.
``(33) Tohono O'odham Community College.
``(34) Turtle Mountain Community College.
``(35) United Tribes Technical College.
``(36) White Earth Tribal and Community College.''.
(b) Endowment for 1994 Institutions.--Section 533(b) of the Equity
in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended in the first sentence by striking ``2018'' and
inserting ``2023''.
(c) Institutional Capacity Building Grants.--Section 535 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended by striking ``2018'' each place it
appears in subsections (b)(1) and (c) and inserting ``2023''.
(d) Research Grants.--Section 536(c) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)
is amended in the first sentence by striking ``2018'' and inserting
``2023''.
SEC. 7503. RESEARCH FACILITIES ACT.
(a) Agricultural Research Facility Defined.--The Research
Facilities Act is amended--
(1) in section 2(1) (7 U.S.C. 390(1)) by striking ``a
college, university, or nonprofit institution'' and inserting
``an entity eligible to receive funds under a capacity and
infrastructure program (as defined in section 251(f)(1)(C) of
the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6971(f)(1)(C)))''; and
(2) in section 3(c)(2)(D) (7 U.S.C. 390a(c)(2)(D)), by
striking ``recipient college, university, or nonprofit
institution'' and inserting ``recipient entity''.
(b) Long-term Support.--Section 3(c)(2)(D) of the Research
Facilities Act (7 U.S.C. 390a(c)(2)(D)), as amended by subsection (a),
is further amended by striking ``operating costs'' and inserting
``operating and maintenance costs''.
(c) Competitive Grant Program.--The Research Facilities Act is
amended by inserting after section 3 (7 U.S.C. 390a) the following new
section:
``SEC. 4. COMPETITIVE GRANT PROGRAM.
``The Secretary shall establish a program to make competitive
grants to assist in the construction, alteration, acquisition,
modernization, renovation, or remodeling of agricultural research
facilities.''.
(d) Authorization of Appropriations and Funding Limitations.--
Section 6 of the Research Facilities Act (7 U.S.C. 390d) is amended--
(1) in subsection (a)--
(A) by striking ``subsection (b),'' and inserting
``subsections (b), (c), and (d),'';
(B) by striking ``2018'' and inserting ``2023'';
and
(C) by adding at the end the following new
sentence: ``Funds appropriated pursuant to the
preceding sentence shall be available until
expended.''; and
(2) by adding at the end the following new subsections:
``(c) Maximum Amount.--Not more than 25 percent of the funds made
available pursuant to subsection (a) for any fiscal year shall be used
for any single agricultural research facility project.
``(d) Project Limitation.--An entity eligible to receive funds
under this Act may receive funds for only one project at a time.''.
SEC. 7504. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANT ACT.
Subsection (b) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (D)--
(i) by redesignating clauses (iii) through
(vii) as clauses (iv) through (viii),
respectively; and
(ii) by inserting after clause (ii) the
following new clause:
``(iii) soil health;'';
(B) in subparagraph (E)--
(i) in clause (iii), by striking ``and'' at
the end;
(ii) in clause (iv), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(v) tools that accelerate the use of
automation or mechanization for labor-intensive
tasks in the production and distribution of
crops.''; and
(C) in subparagraph (F)--
(i) in clause (vi), by striking ``and'' at
the end;
(ii) in clause (vii), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(viii) barriers and bridges to entry and
farm viability for young, beginning, socially
disadvantaged, veteran, and immigrant farmers
and ranchers, including farm succession,
transition, transfer, entry, and profitability
issues.'';
(2) in paragraph (5)--
(A) in subparagraph (A)(ii), by striking ``and'' at
the end; and
(B) in subparagraph (B), by striking the period at
the end and inserting the following: ``that--
``(i) is of national scope; or
``(ii) is commodity-specific, so long as
any such funds allocated for commodity-specific
research are matched with funds from a non-
Federal source at least equal to the amount of
such funds so allocated.'';
(3) in paragraph (9)--
(A) in subparagraph (A), by striking clause (iii);
and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``clauses
(ii) and (iii)'' and inserting ``clause (ii)'';
and
(ii) by striking clause (iii); and
(4) in paragraph (11)(A)--
(A) in the matter preceding clause (i), by striking
``2018'' and inserting ``2023''; and
(B) in clause (ii), by striking ``4'' and inserting
``5''.
SEC. 7505. RENEWABLE RESOURCES EXTENSION ACT OF 1978.
(a) Authorization of Appropriations.--Section 6 of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1675) is amended in the
first sentence by striking ``2018'' and inserting ``2023''.
(b) Termination Date.--Section 8 of the Renewable Resources
Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95-306) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7506. NATIONAL AQUACULTURE ACT OF 1980.
Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 2809)
is amended by striking ``2018'' each place it appears and inserting
``2023''.
SEC. 7507. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM.
Section 7405 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3319f) is amended--
(1) by striking subsection (b) and redesignating subsection
(c) as subsection (b);
(2) in subsection (b), as so redesignated--
(A) in the heading, by striking ``Grants'' and
inserting ``Programs'';
(B) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary shall establish a
beginning farmer and rancher development program to provide
training, education, outreach, and technical assistance
initiatives to increase opportunities for beginning farmers or
ranchers.'';
(C) by inserting ``or cooperative agreements''
after ``grants'' each place it appears;
(D) by inserting ``or cooperative agreement'' after
``grant'' each place it appears;
(E) by striking ``subsection'' each place it
appears and inserting ``section'';
(F) by amending paragraph (4) to read as follows:
``(4) Matching requirement.--
``(A) In general.--Except as provided in
subparagraph (B), to be eligible to receive a grant
under this subsection, a recipient shall provide a
match in the form of cash or in-kind contributions in
an amount equal to 25 percent of the funds provided by
the grant.
``(B) Exception.--The Secretary may waive or reduce
the matching requirement in subparagraph (A) if the
Secretary determines such a waiver or modification is
necessary to effectively reach an underserved area or
population.''; and
(G) by striking paragraph (8), and redesignating
paragraphs (9), (10), (11), and (12) as paragraphs (8),
(9), (10), and (11), respectively;
(3) by inserting after subsection (b), as so redesignated,
the following new subsection:
``(c) Grant Requirements.--
``(1) In general.--In carrying out this section, the
Secretary shall make competitive grants to support new and
established local and regional training, education, outreach,
and technical assistance initiatives to increase opportunities
for beginning farmers or ranchers, including programs and
services (as appropriate) relating to--
``(A) basic livestock, forest management, and crop
farming practices;
``(B) innovative farm, ranch, and private
nonindustrial forest land access, and transfer and
succession strategies and programs;
``(C) entrepreneurship and business training;
``(D) financial and risk management training
(including the acquisition and management of
agricultural credit);
``(E) natural resource management and planning;
``(F) diversification and marketing strategies;
``(G) curriculum development;
``(H) mentoring, apprenticeships, and internships;
``(I) resources and referral;
``(J) farm financial benchmarking;
``(K) technical assistance to help beginning
farmers or ranchers acquire land from retiring farmers
and ranchers;
``(L) agricultural rehabilitation and vocational
training for veterans;
``(M) food safety (including good agricultural
practices training);
``(N) farm safety and awareness; and
``(O) other similar subject areas of use to
beginning farmers or ranchers.
``(2) Set-aside.--
``(A) In general.--Not less than 5 percent of the
funds used to carry out this subsection for a fiscal
year shall be used to support programs and services
that address the needs of--
``(i) limited resource beginning farmers or
ranchers (as defined by the Secretary);
``(ii) socially disadvantaged farmers or
ranchers (as defined in section 355(e) of the
Consolidated Farm and Rural Development Act (7
U.S.C. 2003(e))) who are beginning farmers and
ranchers; and
``(iii) farmworkers desiring to become
farmers or ranchers.
``(B) Veteran farmers and ranchers.--Not less than
5 percent of the funds used to carry out this
subsection for a fiscal year shall be used to support
programs and services that address the needs of veteran
farmers and ranchers (as defined in section 2501(e) of
the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279(e))).'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``and conduct'' and
inserting ``, conduct''; and
(ii) by striking the period at the end and
inserting ``, or provide training and technical
assistance initiatives for beginning farmers or
ranchers or for trainers and service providers
that work with beginning farmers or
ranchers.''; and
(B) in paragraph (2)--
(i) by inserting ``, educational programs
and workshops, or training and technical
assistance initiatives'' after ``curricula'';
and
(ii) by striking ``modules'' and inserting
``content'';
(5) in subsection (g)--
(A) by inserting ``(including retiring farmers and
nonfarming landowners)'' before ``from participating in
programs''; and
(B) by striking ``educating'' and inserting
``increasing opportunities for''; and
(6) in subsection (h)--
(A) in paragraph (1)--
(i) in the heading, by striking ``for
fiscal years 2009 through 2018''; and
(ii) in subparagraph (C), by striking
``2018'' and inserting ``2023'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``for fiscal years 2014 through 2018''; and
(ii) by striking ``2018'' and inserting
``2023''; and
(C) by striking paragraph (3).
SEC. 7508. FEDERAL AGRICULTURE RESEARCH FACILITIES.
Section 1431 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (title XIV of Public Law 99-198;
99 Stat. 1556) is amended by striking ``2018'' and inserting ``2023''.
SEC. 7509. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008(h) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8108(h)) is amended to read as follows:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2019 through 2023.''.
Subtitle F--Other Matters
SEC. 7601. ENHANCED USE LEASE AUTHORITY PROGRAM.
(a) Transition to Permanent Program.--Section 308 of the Federal
Crop Insurance Reform and Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 3125a note) is amended--
(1) in the section heading, by striking ``pilot''; and
(2) in subsection (a), by striking ``pilot''.
(b) No Onsite Sales.--Section 308(b)(1)(C) of the Federal Crop
Insurance Reform and Department of Agriculture Reorganization Act of
1994 is amended by inserting ``onsite'' before ``public''.
(c) Termination of Authority Extended.--Section 308(b)(6)(A) of the
Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 3125a note) is amended by striking
``on the date that is 10 years after the date of enactment of this
section'' and inserting ``on June 18, 2023''.
(d) Reports.--Section 308(d)(2) of the Federal Crop Insurance
Reform and Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 3125a note) is amended by striking ``Not later than 6, 8, and 10
years after the date of enactment of this section'' and inserting ``Not
later than June 18, 2019, June 18, 2021, and June 18, 2023''.
SEC. 7602. FUNCTIONS AND DUTIES OF THE UNDER SECRETARY.
Subparagraph (B) of section 251(d)(2) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(d)(2)) is amended
to read as follows:
``(B) ensure that agricultural research, education,
extension, economics, and statistical programs--
``(i) are effectively coordinated and
integrated--
``(I) across disciplines, agencies,
and institutions; and
``(II) among applicable
participants, grantees, and
beneficiaries; and
``(ii) address the priority areas of the
Agriculture and Food Research Initiative
specified in subsection (b)(2) of the
Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157(b)(2));''.
SEC. 7603. REINSTATEMENT OF DISTRICT OF COLUMBIA MATCHING REQUIREMENT
FOR CERTAIN LAND-GRANT UNIVERSITY ASSISTANCE.
(a) In General.--Section 209(c) of the District of Columbia Public
Postsecondary Education Reorganization Act (Public Law 93-471; sec. 38-
1202.09(c), D.C. Official Code) is amended in the first sentence, by
striking the period at the end and inserting ``, which may be used to
pay no more than one-half of the total cost of providing such extension
work.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2018.
SEC. 7604. FARMLAND TENURE, TRANSITION, AND ENTRY DATA INITIATIVE.
(a) In General.--The Secretary shall collect and report data and
analysis on farmland ownership, tenure, transition, and entry of
beginning farmers or ranchers.
(b) Requirements.--In carrying out subsection (a), the Secretary
shall--
(1) collect and distribute comprehensive annual reporting
of trends in farmland ownership, tenure, transition, barriers
to entry, profitability, and viability of beginning farmers or
ranchers; and
(2) develop surveys and report statistical and economic
analysis on farmland ownership, tenure, transition, barriers to
entry, profitability, and viability of beginning farmers or
ranchers.
(c) Funding.--There are authorized to be appropriated to carry out
this section $2,000,000 for each of fiscal years 2019 through 2023, to
remain available until expended.
(d) Conforming Amendment Regarding Confidentiality of
Information.--Section 1770(d) of the Food Security Act of 1985 (7
U.S.C. 2276(d)) is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(13) section 7604 of the Agriculture and Nutrition Act of
2018.''.
SEC. 7605. TRANSFER OF ADMINISTRATIVE JURISDICTION, PORTION OF HENRY A.
WALLACE BELTSVILLE AGRICULTURAL RESEARCH CENTER,
BELTSVILLE, MARYLAND.
(a) Transfer Authorized.--The Secretary of Agriculture may transfer
to the administrative jurisdiction of the Secretary of the Treasury a
parcel of real property at the Henry A. Wallace Beltsville Agricultural
Research Center consisting of approximately 100 acres, which was
originally acquired by the United States through land acquisitions in
1910 and 1925 and is generally located off of Poultry Road lying
between Powder Mill Road and Odell Road in Beltsville, Maryland, for
the purpose of facilitating the establishment of Bureau of Engraving
and Printing facilities on the parcel.
(b) Legal Description and Map.--
(1) Preparation.--The Secretary of Agriculture shall
prepare a legal description and map of the parcel of real
property to be transferred under subsection (a).
(2) Force of law.--The legal description and map prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of Agriculture
may correct errors in the legal description and map.
(c) Retention of Interests.--The transfer of administrative
jurisdiction under subsection (a) shall be subject to easements and
rights of record and such other reservations, terms, and conditions as
the Secretary of Agriculture considers to be necessary.
(d) Waiver.--The parcel of real property to be transferred under
subsection (a) is exempt from Federal screening for other possible use
as there is an identified Federal need for the parcel as the site for
Bureau of Engraving and Printing facilities.
(e) Condition on Transfer.--As a condition of the transfer of
administrative jurisdiction under subsection (a), the Secretary of the
Treasury shall agree to pay the Secretary of Agriculture the following
costs:
(1) The appraisal required under subsection (f).
(2) Any environmental or administrative analysis required
by Federal law with respect to the real property so
transferred.
(3) Any necessary survey of such real property.
(4) Any hazardous substances assessment of such real
property.
(f) Appraisal.--To determine the fair market value of the parcel of
real property to be transferred under subsection (a), the Secretary of
the Treasury shall have the parcel appraised for its highest and best
use in conformity with the Uniform Appraisal Standards for Federal Land
Acquisitions developed by the Interagency Land Acquisition Conference.
The appraisal shall be subject to the review and approval by the
Secretary of Agriculture.
(g) Hazardous Materials.--For the parcel of real property to be
transferred under subsection (a), the Secretary of Agriculture shall
meet disclosure requirements for hazardous substances, but shall
otherwise not be required to remediate or abate those substances or any
other hazardous pollutants, contaminants, or waste that might be
present on the parcel at the time of transfer of administrative
jurisdiction.
SEC. 7606. SIMPLIFIED PLAN OF WORK.
(a) Smith-Lever Act.--The Smith-Lever Act is amended--
(1) in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking
subparagraph (D); and
(2) in section 4 (7 U.S.C. 344)--
(A) in subsection (c), by striking paragraphs (1)
through (5) and inserting the following new paragraphs:
``(1) A summary of planned projects or programs in the
State using formula funds.
``(2) A description of the manner in which the State will
meet the requirements of section 3(h).
``(3) A description of the manner in which the State will
meet the requirements of section 3(i)(2) of the Hatch Act of
1887.
``(4) A description of matching funds provided by the State
with respect to the previous fiscal year.''; and
(B) by adding at the end the following new
subsection:
``(f) Relationship to Audits.--Notwithstanding any other provision
of law, the procedures established pursuant to subsection (c) shall not
be subject to audit to determine the sufficiency of such procedures.''.
(b) Hatch Act.--The Hatch Act of 1887 is amended--
(1) in section 3 (7 U.S.C. 361c)--
(A) by amending subsection (h) to read as follows:
``(h) Peer Review.--Research carried out under subsection (c)(3)
shall be subject to scientific peer review. The review of a project
conducted under this subsection shall be considered to satisfy the
merit review requirements of section 103(e) of the Agricultural
Research, Extension, and Education Reform Act of 1998.''; and
(B) in subsection (i)(2), by striking subparagraph
(D); and
(2) in section 7 (7 U.S.C. 361g)--
(A) in subsection (e), by striking paragraphs (1)
through (4) and inserting the following new paragraphs:
``(1) A summary of planned projects or programs in the
State using formula funds.
``(2) A description of the manner in which the State will
meet the requirements of subsections (c)(3) and (i)(2) of
section 3.
``(3) A description of matching funds provided by the State
with respect to the previous fiscal year.''; and
(B) by adding at the end the following new
subsection:
``(h) Relationship to Audits.--Notwithstanding any other provision
of law, the procedures established pursuant to subsection (e) shall not
be subject to audit to determine the sufficiency of such procedures.''.
(c) Extension and Research at 1890 Institutions.--
(1) Extension.--Section 1444(d) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3221(d)) is amended--
(A) in paragraph (3), by striking subparagraphs (A)
through (E) and inserting the following new
subparagraphs:
``(A) A summary of planned projects or programs in
the State using formula funds.
``(B) A description of matching funds provided by
the State with respect to the previous fiscal year.'';
and
(B) by adding at the end the following new
paragraph:
``(6) Relationship to audits.--Notwithstanding any other
provision of law, the procedures established pursuant to
paragraph (3) shall not be subject to audit to determine the
sufficiency of such procedures.''.
(2) Research.--Section 1445(c) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222(c)) is amended--
(A) in paragraph (3), by striking subparagraphs (A)
through (E) and inserting the following new
subparagraphs:
``(A) A summary of planned projects or programs in
the State using formula funds.
``(B) A description of matching funds provided by
the State with respect to the previous fiscal year.'';
and
(B) by adding at the end the following new
paragraph:
``(6) Relationship to audits.--Notwithstanding any other
provision of law, the procedures established pursuant to
paragraph (3) shall not be subject to audit to determine the
sufficiency of such procedures.''.
SEC. 7607. TIME AND EFFORT REPORTING EXEMPTION.
Any entity receiving funds under a program referred to in clause
(iii), (iv), (vii), (viii), or (xii) of section 251(f)(1)(C) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(C)) shall be exempt from the time and effort reporting
requirements under part 200 of title 2, Code of Federal Regulations (or
successor regulations), with respect to the use of such funds.
SEC. 7608. PUBLIC EDUCATION ON BIOTECHNOLOGY IN FOOD AND AGRICULTURE
SECTORS.
(a) In General.--The Secretary, in consultation with the Secretary
of Health and Human Services, the Secretary of Education, and such
other persons and organizations as the Secretary determines to be
appropriate, shall develop and carry out a national science-based
education campaign to increase public awareness regarding the use of
technology in food and agriculture production, including--
(1) the science of biotechnology as applied to the
development of products in the food and agricultural sectors,
including information about which products of biotechnology in
the food and agricultural sectors have been approved for use in
the United States;
(2) the Federal science-based regulatory review process for
products made using biotechnology in the food and agricultural
sectors conducted under the Coordinated Framework for
Regulation of Biotechnology published by the Office of Science
and Technology Policy in the Federal Register on June 26, 1986
(51 Fed. Reg. 23302), including the studies performed and
analyses conducted to ensure that such products are as safe to
produce and as safe to eat as products that are not produced
using biotechnology;
(3) developments in the science of plant and animal
breeding over time and the impacts of such developments on
farmers, consumers, the environment, and the rural economy; and
(4) the effects of the use of biotechnology on food
security, nutrition, and the environment.
(b) Consumer Friendly Informational Website.--The Secretary, in
consultation with the Secretary of Health and Human Services, the
Administrator of the Environmental Protection Agency, the Office of
Science and Technology Policy, and such other persons and organizations
as the Secretary determines to be appropriate, shall develop,
establish, and update as necessary, a single Federal government-
sponsored public Internet website through which the public may obtain,
in an easy to understand and user-friendly format, information about
biotechnology used in the food and agricultural sectors, including--
(1) scientific findings and other data on biotechnology
used in the food and agricultural sectors;
(2) Federal agencies' decisions regarding specific products
made using biotechnology in the food and agricultural sectors;
(3) a list of frequently asked questions pertaining to the
use of biotechnology in the food and agricultural sectors;
(4) an easy-to-understand description of the role of
Federal agencies in overseeing the use of biotechnology in the
food and agricultural sectors;
(5) information about novel, emerging technologies within
the broader field of biotechnology; and
(6) a glossary of terms with respect to biotechnology used
in the food and agricultural sectors.
(c) Social Media Resources.--The Secretary may, as appropriate,
utilize publicly-available social media platforms to supplement the
campaign established under subsection (a), and as an extension of the
website established under subsection (b).
TITLE VIII--FORESTRY
Subtitle A--Reauthorization and Modification of Certain Forestry
Programs
SEC. 8101. SUPPORT FOR STATE ASSESSMENTS AND STRATEGIES FOR FOREST
RESOURCES.
Section 2A(f)(1) of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101a(f)(1)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 8102. FOREST LEGACY PROGRAM.
Subsection (m) of section 7 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103c) is amended to read as follows:
``(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $35,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 8103. COMMUNITY FOREST AND OPEN SPACE CONSERVATION PROGRAM.
Subsection (g) of section 7A of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103d) is amended to read as follows:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 8104. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION
PROGRAM.
Section 13A of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2109a) is amended to read as follows:
``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION
PROGRAM.
``(a) Purpose.--The purpose of this section is to establish a
landscape-scale restoration program to support landscape-scale
restoration and management that results in measurable improvements to
public benefits derived from State and private forest land, as
identified in--
``(1) a State-wide assessment described in section
2A(a)(1); and
``(2) a long-term State-wide forest resource strategy
described in section 2A(a)(2).
``(b) Definitions.--In this section:
``(1) Private forest land.--The term `private forest land'
means land that--
``(A)(i) has existing tree cover; or
``(ii) is suitable for growing trees; and
``(B) is owned by--
``(i) an Indian Tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)); or
``(ii) any private individual or entity.
``(2) Regional.--The term `regional' means of any region of
the National Association of State Foresters.
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(4) State forest land.--The term `State forest land'
means land that is owned by a State or unit of local
government.
``(5) State forester.--The term `State Forester' means a
State Forester or equivalent State official.
``(c) Establishment.--The Secretary, in consultation with State
Foresters or other appropriate State agencies, shall establish a
landscape-scale restoration program--
``(1) to provide financial and technical assistance for
landscape-scale restoration projects on State forest land or
private forest land; and
``(2) that maintains or improves benefits from trees and
forests on such land.
``(d) Requirements.--The landscape-scale restoration program
established under subsection (c) shall--
``(1) measurably address the national private forest
conservation priorities described in section 2(c);
``(2) enhance public benefits from trees and forests, as
identified in--
``(A) a State-wide assessment described in section
2A(a)(1); and
``(B) a long-term State-wide forest resource
strategy described in section 2A(a)(2); and
``(3) in accordance with the purposes described in section
2(b), include one or more of the following objectives--
``(A) protecting or improving water quality or
quantity;
``(B) reducing wildfire risk, including through
hazardous fuels treatment;
``(C) protecting or enhancing wildlife habitat,
consistent with wildlife objectives established by the
applicable State fish and wildlife agency;
``(D) improving forest health and forest
ecosystems, including addressing native, nonnative, and
invasive pests; or
``(E) enhancing opportunities for new and existing
markets in which the production and use of wood
products strengthens local and regional economies.
``(e) Measurement.--The Secretary, in consultation with State
Foresters, shall establish a measurement system (including measurement
tools) that--
``(1) consistently measures the results of landscape-scale
restoration projects described in subsection (c); and
``(2) is consistent with the measurement systems of other
Federal programs delivered by State Foresters.
``(f) Use of Amounts.--
``(1) Allocation.--Of the amounts made available for the
landscape-scale restoration program established under
subsection (c), the Secretary shall allocate to State
Foresters--
``(A) 50 percent for the competitive process in
accordance with subsection (g); and
``(B) 50 percent proportionally to States, in
consultation with State Foresters--
``(i) to maximize the achievement of the
objectives described in subsection (d)(3); and
``(ii) to address the highest national
priorities, as identified in--
``(I) State-wide assessments
described in section 2A(a)(1); and
``(II) long-term State-wide forest
resource strategies described in
section 2A(a)(2).
``(2) Multiyear projects.--The Secretary may provide
amounts under this section for multiyear projects.
``(g) Competitive Process.--
``(1) In general.--The Secretary shall distribute amounts
described in subsection (f)(1)(A) through a competitive process
for landscape-scale restoration projects described in
subsection (c) to maximize the achievement of the objectives
described in subsection (d)(3).
``(2) Eligibility.--To be eligible for funding through the
competitive process under paragraph (1), a State Forester, or
another entity on approval of the State Forester, shall submit
to the Secretary one or more landscape-scale restoration
proposals that--
``(A) in accordance with paragraph (3)(A), include
priorities identified in--
``(i) State-wide assessments described in
section 2A(a)(1); and
``(ii) long-term State-wide forest resource
strategies described in section 2A(a)(2);
``(B) identify one or more measurable results to be
achieved through the project;
``(C) to the maximum extent practicable, include
activities on all land necessary to accomplish the
measurable results in the applicable landscape;
``(D) to the maximum extent practicable, are
developed in collaboration with other public and
private sector organizations and local communities; and
``(E) derive not less than 50 percent of the
funding for the project from non-Federal sources,
unless the Secretary determines--
``(i) the applicant is unable to derive not
less than 50 percent of the funding for the
project from non-Federal sources; and
``(ii) the benefits of the project justify
pursuing the project.
``(3) Prioritization.--In carrying out the competitive
process under paragraph (1), the Secretary--
``(A) shall give priority to projects that, as
determined by the Secretary, best carry out priorities
identified in State-wide assessments described in
section 2A(a)(1) and long-term State-wide forest
resource strategies described in section 2A(a)(2),
including--
``(i) involvement of public and private
partnerships;
``(ii) inclusion of cross-boundary
activities on--
``(I) Federal forest land;
``(II) State forest land; or
``(III) private forest land;
``(iii) involvement of areas also
identified for cost-share funding by the
Natural Resources Conservation Service or any
other relevant Federal agency;
``(iv) protection or improvement of water
quality or quantity;
``(v) reduction of wildfire risk; and
``(vi) otherwise addressing the national
private forest conservation priorities
described in section 2(c); and
``(B) may give priority to projects in proximity to
other landscape-scale projects on other land under the
jurisdiction of the Secretary, the Secretary of the
Interior, or a Governor of a State, including--
``(i) ecological restoration treatments
under the Collaborative Forest Landscape
Restoration Program established under section
4003 of the Omnibus Public Land Management Act
of 2009 (16 U.S.C. 7303);
``(ii) projects on landscape-scale areas
designated for insect and disease treatment
under section 602 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591a);
``(iii) authorized restoration services
under section 8206 of the Agricultural Act of
2014 (16 U.S.C. 2113a);
``(iv) watershed restoration and protection
services under section 331 of the Department of
the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106-291;
16 U.S.C. 1011 note);
``(v) stewardship end result contracting
projects under section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6591c); or
``(vi) projects under other relevant
programs, as determined by the Secretary.
``(4) Proposal review.--
``(A) In general.--The Secretary shall establish a
process for the review of proposals submitted under
paragraph (2) that ranks each proposal based on--
``(i) the extent to which the proposal
would achieve the requirements described in
subsection (d); and
``(ii) the priorities described in
paragraph (3)(A).
``(B) Regional review.--The Secretary may carry out
the process described in subparagraph (A) at a regional
level.
``(5) Compliance with nepa.--Financial and technical
assistance carried out under this section for landscape
restoration projects on State forest land or private forest
land shall not constitute a major Federal action for the
purposes of section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(h) Report.--Not later than 3 years after the date of the
enactment of the Agriculture and Nutrition Act of 2018, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that includes--
``(1) a description of the status of the development,
execution, and administration of landscape-scale projects
selected under the program under this section;
``(2) an accounting of expenditures under such program; and
``(3) specific accomplishments that have resulted from
landscape-scale projects under such program.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the landscape-scale restoration
program established under subsection (c) $10,000,000 for each of fiscal
years 2019 through 2023, to remain available until expended.''.
SEC. 8105. RURAL REVITALIZATION TECHNOLOGIES.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 8106. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM.
Section 9013 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8113) is amended to read as follows:
``SEC. 9013. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Community wood energy system.--
``(A) In general.--The term `community wood energy
system' means an energy system that--
``(i) produces thermal energy or combined
thermal energy and electricity where thermal is
the primary energy output;
``(ii) services public facilities owned or
operated by State or local governments
(including schools, town halls, libraries, and
other public buildings) or private or nonprofit
facilities (including commercial and business
facilities, such as hospitals, office
buildings, apartment buildings, and
manufacturing and industrial buildings); and
``(iii) uses woody biomass, including
residuals from wood processing facilities, as
the primary fuel.
``(B) Inclusions.--The term `community wood energy
system' includes single-facility central heating,
district heating systems serving multiple buildings,
combined heat and electric systems where thermal energy
is the primary energy output, and other related biomass
energy systems.
``(2) Innovative wood product facility.--The term
`innovative wood product facility' means a manufacturing or
processing plant or mill that produces--
``(A) building components or systems that use large
panelized wood construction, including mass timber;
``(B) wood products derived from nanotechnology or
other new technology processes, as determined by the
Secretary; or
``(C) other innovative wood products that use low-
value, low-quality wood, as determined by the
Secretary.
``(3) Mass timber.--The term `mass timber' includes--
``(A) cross-laminated timber;
``(B) nail-laminated timber;
``(C) glue-laminated timber;
``(D) laminated strand lumber; and
``(E) laminated veneer lumber.
``(4) Program.--The term `Program' means the Community Wood
Energy and Wood Innovation Program established under subsection
(b).
``(b) Competitive Grant Program.--The Secretary, acting through the
Chief of the Forest Service, shall establish a competitive grant
program to be known as the `Community Wood Energy and Wood Innovation
Program'.
``(c) Matching Grants.--
``(1) In general.--Under the Program, the Secretary shall
make grants to cover not more than 35 percent of the capital
cost for installing a community wood energy system or building
an innovative wood product facility.
``(2) Special circumstances.--The Secretary may establish
special circumstances, such as in the case of a community wood
energy system project or innovative wood product facility
project involving a school or hospital in a low-income
community, under which grants under the Program may cover up to
50 percent of the capital cost.
``(3) Source of matching funds.--Matching funds required
pursuant to this subsection from a grant recipient must be
derived from non-Federal funds.
``(d) Project Cap.--The total amount of grants under the Program
for a community wood energy system project or innovative wood product
facility project may not exceed--
``(1) in the case of grants under the general authority
provided under subsection (c)(1), $1,000,000; and
``(2) in the case of grants for which the special
circumstances apply under subsection (c)(2), $1,500,000.
``(e) Selection Criteria.--In selecting applicants for grants under
the Program, the Secretary shall consider the following:
``(1) The energy efficiency of the proposed community wood
energy system or innovative wood product facility.
``(2) The cost effectiveness of the proposed community wood
energy system or innovative wood product facility.
``(3) The extent to which the proposed community wood
energy system or innovative wood product facility represents
the best available commercial technology.
``(4) The extent to which the applicant has demonstrated a
high likelihood of project success by completing detailed
engineering and design work in advance of the grant
application.
``(5) Other technical, economic, conservation, and
environmental criteria that the Secretary considers
appropriate.
``(f) Grant Priorities.--In selecting applicants for grants under
the Program, the Secretary shall give priority to proposals that--
``(1) would be carried out in a location where markets are
needed for the low-value, low-quality wood;
``(2) would be carried out in a location with limited
access to natural gas pipelines;
``(3) would include the use or retrofitting (or both) of
existing sawmill facilities located in a location where the
average annual unemployment rate exceeded the national average
unemployment rate by more than 1 percent during the previous
calendar year; or
``(4) would be carried out in a location where the project
will aid with forest restoration.
``(g) Limitations.--
``(1) Capacity of community wood energy systems.--A
community wood energy system acquired with grant funds under
the Program shall not exceed nameplate capacity of 10 megawatts
of thermal energy or combined thermal and electric energy.
``(2) Funding for innovative wood product facilities.--Not
more than 25 percent of funds provided as grants under the
Program for a fiscal year may go to applicants proposing
innovative wood product facilities, unless the Secretary has
received an insufficient number of qualified proposals for
community wood energy systems.
``(h) Funding.--There is authorized to be appropriated to carry out
the Program $25,000,000 for each of fiscal years 2019 through 2023.''.
SEC. 8107. HEALTHY FORESTS RESTORATION ACT OF 2003 AMENDMENTS.
(a) Healthy Forests Reserve Program.--
(1) Additional purpose of program.--Section 501(a) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) is
amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) to conserve forest land that provides habitat for
species described in section 502(b)(1); and''.
(2) Eligibility for enrollment.--Subsection (b) of section
502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6572) is amended to read as follows:
``(b) Eligibility.--To be eligible for enrollment in the healthy
forests reserve program, land shall be private forest land, or private
land being restored to forest land, the enrollment of which will
maintain, restore, enhance, or otherwise measurably--
``(1) increase the likelihood of recovery of a species that
is listed as endangered or threatened under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533); or
``(2) improve the well-being of a species that--
``(A) is--
``(i) not listed as endangered or
threatened under such section; and
``(ii) a candidate for such listing, a
State-listed species, or a special concern
species; or
``(B) is deemed a species of greatest conservation
need by a State wildlife action plan.''.
(3) Other enrollment considerations.--Section 502(c) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c)) is
amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) conserve forest lands that provide habitat for
species described in subsection (b)(1); and''.
(4) Elimination of limitation on use of easements.--Section
502(e) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6572(e)) is amended by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(5) Enrollment of acreage owned by an indian tribe.--
Section 502(e)(2)(B) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6572(e)(3)(B)), as redesignated under paragraph
(4), is amended by striking clauses (ii) and (iii) and
inserting the following new clauses:
``(ii) a 10-year, cost-share agreement;
``(iii) a permanent easement; or
``(iv) any combination of the options
described in clauses (i) through (iii).''.
(6) Species-related enrollment priority.--Subparagraph (B)
of section 502(f)(1) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6572(f)(1)) is amended to read as follows:
``(B) secondarily, species that--
``(i) are--
``(I) not listed as endangered or
threatened under section 4 of the
Endangered Species Act of 1973 (16
U.S.C. 1533); and
``(II) candidates for such listing,
State-listed species, or special
concern species; or
``(ii) are species of greatest conservation
need, as identified in State wildlife action
plans.''.
(7) Restoration plans.--Subsection (b) of section 503 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573) is
amended to read as follows:
``(b) Practices.--The restoration plan shall require such
restoration practices and measures, as are necessary to restore and
enhance habitat for species described in section 502(b), including the
following:
``(1) Land management practices.
``(2) Vegetative treatments.
``(3) Structural practices and measures.
``(4) Other practices and measures.''.
(8) Funding.--Section 508(b) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended--
(A) in the subsection heading, by striking ``Fiscal
Years 2014 Through 2018'' and inserting ``Authorization
of Appropriations''; and
(B) by striking ``2018'' and inserting ``2023''.
(9) Technical correction.--Section 503(a) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6573(a)) is amended
by striking ``Secretary of Interior'' and inserting ``Secretary
of the Interior''.
(b) Insect and Disease Infestation.--
(1) Treatment of areas.--Section 602(d)(1) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(1)) is
amended by striking ``subsection (b) to reduce the risk or
extent of, or increase the resilience to, insect or disease
infestation in the areas.'' and inserting the following:
``subsection (b)--
``(A) to reduce the risk or extent of, or increase
the resilience to, insect or disease infestation; or
``(B) to reduce hazardous fuels.''.
(2) Permanent authority.--Section 602(d)(2) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2)) is
amended by striking ``for which a public notice to initiate
scoping is issued on or before September 30, 2018,''.
(c) Administrative Review.--
(1) Clarification of treatment of areas.--Section 603(a) of
the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591b(a)) is amended by striking ``in accordance with section
602(d)'' and inserting ``in accordance with section
602(d)(1)''.
(2) Project size and location.--Section 603(c)(1) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)(1))
is amended by striking ``3000'' and inserting ``6,000''.
(d) Stewardship Project Receipts.--Section 604(e) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c(e)) is amended--
(1) in paragraph (2)(B), by inserting ``subject to
paragraph (3)(A),'' before ``shall''; and
(2) in paragraph (3)(A), by striking ``services received by
the Chief or the Director'' and all that follows through the
period at the end and inserting the following: ``services and
in-kind resources received by the Chief or the Director under a
stewardship contract project conducted under this section shall
not be considered monies received from the National Forest
System or the public lands, but any payments made by the
contractor to the Chief or Director under the project shall be
considered monies received from the National Forest System or
the public lands.''.
SEC. 8108. NATIONAL FOREST FOUNDATION ACT AUTHORITIES.
(a) Extension of Authority to Provide Matching Funds for
Administrative and Project Expenses.--Section 405(b) of the National
Forest Foundation Act (16 U.S.C. 583j-3(b)) is amended by striking
``2018'' and inserting ``2023''.
(b) Authorization of Appropriations.--Section 410(b) of the
National Forest Foundation Act (16 U.S.C. 583j-8(b)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 8109. INCLUSION OF INVASIVE VEGETATION IN DESIGNATED TREATMENT
AREAS.
Section 602 of the Healthy Forests Restoration Act of 2003 is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, invasive
vegetation,'' after ``insect''; and
(B) in paragraph (2), by inserting ``, invasive
vegetation,'' after ``insects''; and
(2) in subsection (b)(2), by inserting ``, invasive
vegetation,'' after ``insect''.
Subtitle B--Secure Rural Schools and Community Self-Determination Act
of 2000 Amendments
SEC. 8201. USE OF RESERVED FUNDS FOR TITLE II PROJECTS ON FEDERAL LAND
AND CERTAIN NON-FEDERAL LAND.
Section 204(f) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7124(f)) is amended to read as
follows:
``(f) Requirements for Project Funds.--
``(1) In general.--Subject to paragraph (2), the Secretary
concerned shall ensure that at least 50 percent of the project
funds reserved under section 102(d) by a participating county
shall be available only for projects that--
``(A) include--
``(i) the sale of timber or other forest
products;
``(ii) reduce fire risks; or
``(iii) improve water supplies; and
``(B) implement stewardship objectives that enhance
forest ecosystems or restore and improve land health
and water quality.
``(2) Applicability.--The requirement in paragraph (1)
shall apply only to project funds reserved by a participating
county whose boundaries include Federal land that the Secretary
concerned determines has been subject to a timber or other
forest products program within 5 fiscal years before the fiscal
year in which the funds are reserved.''.
SEC. 8202. RESOURCE ADVISORY COMMITTEES.
(a) Recognition of Resource Advisory Committees.--Section 205(a)(4)
of the Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2018'' each place
it appears and inserting ``2023''.
(b) Reduction in Composition of Committees.--Section 205(d) of the
Secure Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7125(d)) is amended--
(1) in paragraph (1), by striking ``15 members'' and
inserting ``9 members''; and
(2) by striking ``5 persons'' each place it appears and
inserting ``3 persons''.
(c) Expanding Local Participation on Committees.--Section 205(d) of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7125(d)) is further amended--
(1) in paragraph (3), by inserting before the period at the
end the following: ``, consistent with the requirements of
paragraph (4)''; and
(2) by striking paragraph (4) and inserting the following
new paragraph:
``(4) Geographic distribution.--The members of a resource
advisory committee shall reside within the county or counties
in which the committee has jurisdiction, or an adjacent
county.''.
(d) Appointment of Resource Advisory Committees by Applicable
Designee.--
(1) In general.--Section 205 of the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C. 7125)
is further amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'';
(ii) in paragraph (3), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned''; and
(iii) in paragraph (4), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned'' both places it appears;
(B) in subsection (b)(6), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned'';
(C) in subsection (c)--
(i) in the subsection heading, by inserting
``or Applicable Designee'' after ``by the
Secretary'';
(ii) in paragraph (1), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'' both places it appears;
(iii) in paragraph (2), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'';
(iv) in paragraph (4), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned''; and
(v) by adding at the end the following new
paragraph:
``(6) Applicable designee.--In this section, the term
`applicable designee' means--
``(A) with respect to Federal land described in
section 3(7)(A), the applicable Regional Forester; and
``(B) with respect to Federal land described in
section 3(7)(B), the applicable Bureau of Land
Management State Director.'';
(D) in subsection (d)(3), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned''; and
(E) in subsection (f)(1)--
(i) by inserting ``(or applicable
designee)'' after ``the Secretary concerned'';
and
(ii) by inserting ``(or applicable
designee)'' after ``of the Secretary''.
(2) Conforming amendment.--Section 201(3) of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7121(3)) is amended by inserting ``(or applicable
designee (as defined in section 205(c)(6)))'' after ``Secretary
concerned'' both places it appears.
SEC. 8203. PROGRAM FOR TITLE II SELF-SUSTAINING RESOURCE ADVISORY
COMMITTEE PROJECTS.
(a) Self-Sustaining Resource Advisory Committee Projects.--Title II
of the Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7121 et seq.) is amended by adding at the end the
following new section:
``SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE ADVISORY COMMITTEE
PROJECTS.
``(a) RAC Program.--The Chief of the Forest Service shall conduct a
program (to be known as the `self-sustaining resource advisory
committee program' or `RAC program') under which 10 resource advisory
committees will propose projects authorized by subsection (c) to be
carried out using project funds reserved by a participating county
under section 102(d).
``(b) Selection of Participating Resource Advisory Committees.--The
selection of resource advisory committees to participate in the RAC
program is in the sole discretion of the Chief of the Forest Service.
``(c) Authorized Projects.--Notwithstanding the project purposes
specified in sections 202(b), 203(c), and 204(a)(5), projects under the
RAC program are intended to--
``(1) accomplish forest management objectives or support
community development; and
``(2) generate receipts.
``(d) Deposit and Availability of Revenues.--Any revenue generated
by a project conducted under the RAC program, including any interest
accrued from the revenues, shall be--
``(1) deposited in the special account in the Treasury
established under section 102(d)(2)(A); and
``(2) available, in such amounts as may be provided in
advance in appropriation Acts, for additional projects under
the RAC program.
``(e) Termination of Authority.--
``(1) In general.--The authority to initiate a project
under the RAC program shall terminate on September 30, 2023.
``(2) Deposits in treasury.--Any funds available for
projects under the RAC program and not obligated by September
30, 2024, shall be deposited in the Treasury of the United
States.''.
(b) Exception to General Rule Regarding Treatment of Receipts.--
Section 403(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7153(b)) is amended by striking
``All revenues'' and inserting ``Except as provided in section 209, all
revenues''.
Subtitle C--Availability of Categorical Exclusions To Expedite Forest
Management Activities
PART I--GENERAL PROVISIONS
SEC. 8301. DEFINITIONS.
In this subtitle:
(1) Catastrophic event.--The term ``catastrophic event''
means any natural disaster (such as hurricane, tornado,
windstorm, snow or ice storm, rain storm, high water, wind-
driven water, tidal wave, earthquake, volcanic eruption,
landslide, mudslide, drought, or insect or disease outbreak) or
any fire, flood, or explosion, regardless of cause.
(2) Coos bay wagon road grant lands.--The term ``Coos Bay
Wagon Road Grant lands'' means the lands reconveyed to the
United States pursuant to the first section of the Act of
February 26, 1919 (40 Stat. 1179).
(3) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary concerned on National Forest System lands or
public lands consistent with the forest plan covering the
lands.
(4) Forest plan.--The term ``forest plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public lands pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); or
(B) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(5) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(6) Oregon and california railroad grant lands.--The term
``Oregon and California Railroad Grant lands'' means the
following lands:
(A) All lands in the State of Oregon revested in
the United States under the Act of June 9, 1916 (39
Stat. 218), that are administered by the Secretary of
the Interior, acting through the Bureau of Land
Management, pursuant to the first section of the Act of
August 28, 1937 (43 U.S.C. 1181a).
(B) All lands in that State obtained by the
Secretary of the Interior pursuant to the land
exchanges authorized and directed by section 2 of the
Act of June 24, 1954 (43 U.S.C. 1181h).
(C) All lands in that State acquired by the United
States at any time and made subject to the provisions
of title II of the Act of August 28, 1937 (43 U.S.C.
1181f).
(7) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702), except that
the term includes Coos Bay Wagon Road Grant lands and Oregon
and California Railroad Grant lands.
(8) Reforestation activity.--The term ``reforestation
activity'' means a forest management activity carried out by
the Secretary concerned where the primary purpose is the
reforestation of impacted lands following a catastrophic event.
The term includes planting, evaluating and enhancing natural
regeneration, clearing competing vegetation, and other
activities related to reestablishment of forest species on the
impacted lands.
(9) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given that term in section
201 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121).
(10) Salvage operation.--The term ``salvage operation''
means a forest management activity carried out in response to a
catastrophic event where the primary purpose is--
(A) to prevent wildfire as a result of the
catastrophic event, or, if the catastrophic event was
wildfire, to prevent a re-burn of the fire-impacted
area;
(B) to provide an opportunity for utilization of
forest materials damaged as a result of the
catastrophic event; or
(C) to provide a funding source for reforestation
for the National Forest System lands or public lands
impacted by the catastrophic event.
(11) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System lands; and
(B) the Secretary of the Interior, with respect to
public lands.
SEC. 8302. RULE OF APPLICATION FOR NATIONAL FOREST SYSTEM LANDS AND
PUBLIC LANDS.
Unless specifically provided by a provision of this subtitle, the
authorities provided by this subtitle do not apply with respect to any
National Forest System lands or public lands--
(1) that are included in the National Wilderness
Preservation System;
(2) that are located within a national or State-specific
inventoried roadless area established by the Secretary of
Agriculture through regulation, unless--
(A) the forest management activity to be carried
out under such authority is consistent with the forest
plan applicable to the area; or
(B) the Secretary of Agriculture determines the
forest management activity is permissible under the
applicable roadless rule governing such lands; or
(3) on which timber harvesting for any purpose is
prohibited by Federal statute.
SEC. 8303. CONSULTATION UNDER THE ENDANGERED SPECIES ACT.
(a) No Consultation if Action Not Likely To Adversely Affect a
Listed Species or Designated Critical Habitat.--With respect to a
forest management activity carried out pursuant to this subtitle,
consultation under section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) shall not be required if the Secretary concerned
determines that such forest management activity is not likely to
adversely affect a listed species or designated critical habitat.
(b) Expedited Consultation.--With respect to a forest management
activity carried out pursuant to this subtitle, consultation required
under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536)
shall be concluded within the 90-day period beginning on the date on
which such consultation was requested by the Secretary concerned.
SEC. 8304. SECRETARIAL DISCRETION IN THE CASE OF TWO OR MORE
CATEGORICAL EXCLUSIONS.
To the extent that a forest management activity may be
categorically excluded under more than one of the sections of this
subtitle, the Secretary concerned shall have full discretion to
determine which categorical exclusion to use.
PART II--CATEGORICAL EXCLUSIONS
SEC. 8311. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for a categorical exclusion are forest management
activities carried out by the Secretary concerned on National Forest
System lands or public lands where the primary purpose of such activity
is--
(1) to address an insect or disease infestation;
(2) to reduce hazardous fuel loads;
(3) to protect a municipal water source;
(4) to maintain, enhance, or modify critical habitat to
protect it from catastrophic disturbances;
(5) to increase water yield; or
(6) any combination of the purposes specified in paragraphs
(1) through (5).
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--A forest management activity covered by
the categorical exclusion established under subsection (a) may not
contain treatment units exceeding a total of 6,000 acres.
SEC. 8312. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN
RESPONSE TO CATASTROPHIC EVENTS.
(a) Categorical Exclusion Established.--Salvage operations carried
out by the Secretary concerned on National Forest System lands or
public lands are a category of actions hereby designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(c) Acreage Limitation.--A salvage operation covered by the
categorical exclusion established under subsection (a) may not contain
treatment units exceeding a total of 6,000 acres.
(d) Additional Requirements.--
(1) Stream buffers.--A salvage operation covered by the
categorical exclusion established under subsection (a) shall
comply with the standards and guidelines for stream buffers
contained in the applicable forest plan, except that the
Regional Forester, in the case of National Forest System lands,
or the State Director of the Bureau of Land Management, in the
case of public lands, may, on a case-by-case basis, waive the
standards and guidelines.
(2) Reforestation plan.--A reforestation plan shall be
developed under section 3 of the Act of June 9, 1930 (commonly
known as the Knutson-Vandenberg Act; (16 U.S.C. 576b)), as part
of a salvage operation covered by the categorical exclusion
established under subsection (a).
SEC. 8313. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY
SUCCESSIONAL FORESTS.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for a categorical exclusion are forest management
activities carried out by the Secretary concerned on National Forest
System lands or public lands where the primary purpose of such activity
is to improve, enhance, or create early successional forests for
wildlife habitat improvement and other purposes, consistent with the
applicable forest plan.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Project Goals.--To the maximum extent practicable, the
Secretary concerned shall design a forest management activity under
this section to meet early successional forest goals in such a manner
so as to maximize production and regeneration of priority species, as
identified in the forest plan and consistent with the capability of the
activity site.
(e) Acreage Limitations.--A forest management activity covered by
the categorical exclusion established under subsection (a) may not
contain treatment units exceeding a total of 6,000 acres.
SEC. 8314. CATEGORICAL EXCLUSION FOR HAZARD TREES.
(a) Categorical Exclusion Established.--Forest management
activities carried out by the Secretary concerned to remove hazard
trees for purposes of the protection of public health or safety, water
supply, or public infrastructure are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
SEC. 8315. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST
SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF
WILDFIRE.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The category of forest management
activities designated under this section for a categorical
exclusion are forest management activities described in
paragraph (2) that are carried out by the Secretary concerned
on National Forest System lands or public lands where the
primary purpose of such activity is to improve or restore such
lands or reduce the risk of wildfire on those lands.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant to the categorical
exclusion established under subsection (a):
(A) Removal of juniper trees, medusahead rye,
conifer trees, pinon pine trees, cheatgrass, and other
noxious or invasive weeds specified on Federal or State
noxious weeds lists through late-season livestock
grazing, targeted livestock grazing, prescribed burns,
and mechanical treatments.
(B) Performance of hazardous fuels management.
(C) Creation of fuel and fire breaks.
(D) Modification of existing fences in order to
distribute livestock and help improve wildlife habitat.
(E) Stream restoration and erosion control,
including the installation of erosion control devices.
(F) Construction of new and maintenance of
permanent infrastructure, including stock ponds, water
catchments, and water spring boxes used to benefit
livestock and improve wildlife habitat.
(G) Performance of soil treatments, native and non-
native seeding, and planting of and transplanting
sagebrush, grass, forb, shrub, and other species.
(H) Use of herbicides, so long as the Secretary
concerned determines that the activity is otherwise
conducted consistently with agency procedures,
including any forest plan applicable to the area
covered by the activity.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--A forest management activity covered by
the categorical exclusion established under subsection (a) may not
contain treatment units exceeding a total of 6,000 acres.
(e) Definitions.--In this section:
(1) Hazardous fuels management.--The term ``hazardous fuels
management'' means any vegetation management activities that
reduce the risk of wildfire.
(2) Late-season grazing.--The term ``late-season grazing''
means grazing activities that occur after both the invasive
species and native perennial species have completed their
current-year annual growth cycle until new plant growth begins
to appear in the following year.
(3) Targeted livestock grazing.--The term ``targeted
livestock grazing'' means grazing used for purposes of
hazardous fuels management.
SEC. 8316. CATEGORICAL EXCLUSION FOR FOREST RESTORATION.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The category of forest management
activities designated under this section for categorical
exclusion are forest management activities described in
paragraph (2) that are carried out by the Secretary concerned
on National Forest System lands or public lands where the
primary purpose of such activity is--
(A) to improve forest health and resiliency to
disturbances;
(B) to reduce hazardous fuels; or
(C) to improve wildlife and aquatic habitat.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant the categorical
exclusion established under subsection (a):
(A) Timber harvests, including commercial and pre-
commercial timber harvest, salvage harvest, and
regeneration harvest.
(B) Hazardous fuels reduction.
(C) Prescribed burning.
(D) Improvement or establishment of wildlife and
aquatic habitat.
(E) Stream restoration and erosion control.
(F) Road and trail decommissioning.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--A forest management activity covered by
the categorical exclusion established under subsection (a) may not
contain treatment units exceeding a total of 6,000 acres.
(e) Limitations on Road Building.--
(1) Permanent roads.--A forest management activity covered
by the categorical exclusion established by subsection (a) may
include--
(A) the construction of permanent roads not to
exceed 3 miles; and
(B) the maintenance and reconstruction of existing
permanent roads and trails, including the relocation of
segments of existing roads and trails to address
resource impacts.
(2) Temporary roads.--Any temporary road constructed for a
forest management activity covered by the categorical exclusion
established by subsection (a) shall be decommissioned not later
than 3 years after the date on which the project is completed.
SEC. 8317. CATEGORICAL EXCLUSION FOR INFRASTRUCTURE FOREST MANAGEMENT
ACTIVITIES.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for categorical exclusion are forest management
activities carried out by the Secretary of Agriculture on National
Forest System lands where the primary purpose of such activity is--
(1) constructing, reconstructing, or decommissioning
National Forest System roads not exceeding 3 miles;
(2) adding an existing road to the forest transportation
system;
(3) reclassifying a National Forest System road at a
different maintenance level;
(4) reconstructing, rehabilitating, or decommissioning
bridges;
(5) removing dams; or
(6) maintaining facilities through the use of pesticides as
authorized by applicable Federal and State law and as applied
in accordance with label instructions.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary of Agriculture may use the
categorical exclusion established under subsection (a) in accordance
with this section.
SEC. 8318. CATEGORICAL EXCLUSION FOR DEVELOPED RECREATION SITES.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The category of forest management
activities designated under this section for a categorical
exclusion are forest management activities described in
paragraph (2) carried out by the Secretary of Agriculture on
National Forest System lands where the primary purpose of such
activity is to operate, maintain, modify, reconstruct, or
decommission existing developed recreation sites.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant to the categorical
exclusion under subsection (a):
(A) Constructing, modifying, or reconstructing
toilet or shower facilities.
(B) Constructing, modifying, or reconstructing
fishing piers, wildlife viewing platforms, docks, or
other constructed recreation sites or facilities.
(C) Constructing, reconstructing, or maintaining,
parking areas, National Forest System roads, or
National Forest System trails within or connecting to
recreation sites, including paving and road and trail
rerouting, except that--
(i) permanent roads constructed under this
section may not exceed 3 miles; and
(ii) temporary roads constructed for
projects covered by this section shall be
decommissioned within 3 years of completion of
the project.
(D) Modifying or reconstructing existing water or
waste disposal systems.
(E) Constructing, modifying, or reconstructing
single or group use sites.
(F) Decommissioning recreation facilities or
portions of recreation facilities.
(G) Decommissioning National Forest System roads or
National Forest System trails not exceeding 3 miles
within or connecting to developed recreation sites.
(H) Constructing, modifying, or reconstructing boat
landings.
(I) Reconstructing existing ski lifts.
(K) Modifying or reconstructing a recreation
lodging rental.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary of Agriculture may use the
categorical exclusion established under subsection (a) in accordance
with this section.
SEC. 8319. CATEGORICAL EXCLUSION FOR ADMINISTRATIVE SITES.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for a categorical exclusion are forest management
activities carried out by the Secretary of Agriculture on National
Forest System lands where the primary purpose of such activity is to
construct, reconstruct, maintain, decommission, relocate, or dispose of
an administrative site.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary of Agriculture may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Limitations.--
(1) Permanent roads.--A project covered by the categorical
exclusion established by subsection (a) may include--
(A) the construction of permanent roads not to
exceed 3 miles; and
(B) the maintenance and reconstruction of existing
permanent roads and trails, including the relocation of
segments of existing roads and trails to address
resource impacts.
(2) Temporary roads.--Any temporary road constructed for a
project covered by the categorical exclusion established by
subsection (a) shall be decommissioned not later than 3 years
after the date on which the project is completed.
(3) Pesticides.--Pesticides may only be used to carry out a
project covered by the categorical exclusion established by
subsection (a) as authorized by applicable Federal and State
law and as applied in accordance with label instructions.
(e) Definition of Administrative Site.--In this section, the term
``administrative site'' has the meaning given the term in section
502(1) of the Forest Service Facility Realignment and Enhancement Act
of 2005 (16 U.S.C. 580d note).
SEC. 8320. CATEGORICAL EXCLUSION FOR SPECIAL USE AUTHORIZATIONS.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for a categorical exclusion are forest management
activities carried out by the Secretary of Agriculture on National
Forest System lands where the primary purpose of such activity is:
(1) Issuance of a new special use authorization for an
existing or expired special use authorization, without any
substantial change in the scope and scale of the authorized use
and occupancy when--
(A) the issuance is a purely ministerial action to
account for administrative changes, such as a change in
ownership or expiration of the current authorization;
and
(B) the applicant or holder is in compliance with
the terms and conditions of the existing or expired
special use authorization.
(2) Modification, removal, repair, maintenance,
reconstruction, or replacement of a facility or improvement for
an existing special use authorization.
(3) Issuance of a new special use authorization or
amendment to an existing special use authorization for
activities that will occur on existing roads, trails,
facilities, or areas approved for use in a land management plan
or other documented decision.
(4) Approval, modification, or continuation of minor,
short-term (5 years or less) special uses of National Forest
System lands or public lands.
(5) Issuance of a special use authorization for an existing
unauthorized use or occupancy that has not been deemed in
trespass where no new ground disturbance is proposed.
(6) Approval or modification of minor special uses of
National Forest System lands or public lands that require less
than 20 contiguous acres.
(7) Approval of vegetative management plans, and vegetation
management activities in accordance with an approved vegetation
management plan, under a special use authorization for an
electric transmission and distribution facility right-of-way.
(c) Availability of Exclusion.--On and after the date of the
enactment of this Act, the Secretary of Agriculture may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Document Requirements.--The Secretary of Agriculture shall not
be required to prepare a project file or decision memorandum to
categorically exclude a forest management activity described under
paragraphs (1) through (4) of subsection (b).
SEC. 8321. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY
RELATED TO INSECT AND DISEASE INFESTATION.
Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591b(c)(2)(B)) is amended by striking ``Fire Regime Groups
I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, Fire
Regime III, Fire Regime IV, or Fire Regime V''.
PART III--MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES
SEC. 8331. GOOD NEIGHBOR AGREEMENTS.
Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by striking ``Secretary or
a Governor'' and inserting ``Secretary, Governor,
county, or Indian Tribe'';
(B) in paragraph (4) by striking ``Secretary and a
Governor'' and inserting ``Secretary and a Governor,
county, or an Indian Tribe'';
(C) by adding at the end the following:
``(10) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)).
``(11) County.--The term `county' has the meaning given the
term in section 2 of title 1, United States Code.''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``, county,
or an Indian Tribe'' after ``Governor''; and
(B) in paragraph (3), by inserting ``, county, or
an Indian Tribe'' after ``Governor''.
SEC. 8332. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.
Section 103 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6513) is amended--
(1) in subsection (d), by adding at the end the following
new paragraph:
``(3) Cross-boundary considerations.--For any fiscal year
for which the amount appropriated to the Secretary for
hazardous fuels reduction is in excess of $300,000,000, the
Secretary--
``(A) is encouraged to use the excess amounts for
hazardous fuels reduction projects that incorporate
cross-boundary treatments of landscapes on Federal land
and non-Federal land; and
``(B) may use the excess amounts to support
authorized hazardous fuels reduction projects on non-
Federal lands through grants to State Foresters, or
equivalent State officials, in accordance with
subsection (e) in an amount equal to the greater of--
``(i) 20 percent of the excess amount; and
``(ii) $20,000,000.''; and
(2) by adding at the end the following new subsection:
``(e) Cross-Boundary Fuels Reduction Projects.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall use the excess funds described in subsection
(d)(3) to support hazardous fuels reduction projects that
incorporate treatments for hazardous fuels reduction in
landscapes across ownership boundaries on Federal, State,
county, or Tribal land, private land, and other non-Federal
land, particularly in areas identified as priorities in
applicable State-wide forest resource assessments or strategies
under section 2A(a) of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2101a(a)), as mutually agreed to by the
State Forester and the Regional Forester.
``(2) Land treatments.--To conduct and fund treatments for
projects that include Federal and non-Federal land, the
Secretary may--
``(A) use the authorities of the Secretary relating
to cooperation and technical and financial assistance,
including the good neighbor authority under--
``(i) section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a); and
``(ii) section 331 of the Department of the
Interior and Related Agencies Appropriations
Act, 2001 (16 U.S.C. 1011 note; Public Law 106-
291); and
``(B) allocate excess funds under subsection (d)(3)
for projects carried out pursuant to section 8206 of
the Agricultural Act of 2014 (16 U.S.C. 2113a).
``(3) Cooperation.--In carrying out this subsection, the
State Forester, in consultation with the Secretary (or a
designee)--
``(A) shall consult with the owners of State,
county, Tribal, and private land and other non-Federal
land with respect to hazardous fuels reduction
projects; and
``(B) shall not implement any project on non-
Federal land without the consent of the owner of the
non-Federal land.
``(4) Existing laws.--Regardless of the individual or
entity implementing a project on non-Federal land under this
subsection, only the laws and regulations that apply to non-
Federal land shall be applicable with respect to the
project.''.
SEC. 8333. REGULATIONS REGARDING DESIGNATION OF DEAD OR DYING TREES OF
CERTAIN TREE SPECIES ON NATIONAL FOREST SYSTEM LANDS IN
CALIFORNIA AS EXEMPT FROM PROHIBITION ON EXPORT OF
UNPROCESSED TIMBER ORIGINATING FROM FEDERAL LANDS.
(a) Issuance of Regulations.--Consistent with the rulemaking
procedures specified in paragraph (2) of subsection (b) of section 489
of the Forest Resources Conservation and Shortage Relief Act of 1990
(16 U.S.C. 620a), the Secretary of Agriculture shall make a
determination under paragraph (1) of such subsection that unprocessed
timber derived from dead or dying trees of a covered tree species
originating on National Forest System lands in the State of California
are surplus to domestic manufacturing needs and therefore exempt from
the export prohibition contained in subsection (a) of such section.
(b) Elimination of Adverse Effects.--In making the determination
under subsection (a) and in implementing any regulations issued under
such subsection, the Secretary of Agriculture shall--
(1) consult with representatives of sawmills in the State
of California and other interested persons; and
(2) make reasonable efforts to avoid adversely impacting
the domestic sawmill industry in the State of California.
(c) Special Contract Provisions.--The Secretary of Agriculture may
adjust contract provisions for Forest Service contracts in region 5 of
the National Forest System as the Secretary considers appropriate to
ensure successful implementation of, and compliance with, the
regulations issued under subsection (a).
(d) Relation to Limitations on Timber Substitution.--Section 490 of
the Forest Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620b) shall not apply to unprocessed timber designated as
surplus pursuant to the regulations issued under subsection (a).
(e) Additional Staff for Implementation.--Using funds otherwise
available to the Forest Service for management, protection,
improvement, and utilization of the National Forest System, the
Secretary of Agriculture may hire additional Forest Service employees
to implement the regulations issued under subsection (a).
(f) Duration of Regulations; Periodic Review.--The regulations
issued under subsection (a) shall remain in effect for a 10-year period
beginning on the date of the issuance of the regulations, except that
the continued need for the regulations shall be subject to the periodic
review required by the second sentence of section 489(b)(2) of the
Forest Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620a(b)(2)).
(g) Definitions.--In this section:
(1) Covered tree species.--The term ``covered tree
species'' means the following pine species:
(A) Ponderosa pine (Pinus ponderosa).
(B) Sugar pine (Pinus lambertiana).
(C) Jeffrey pine (Pinus jefferyi).
(D) Lodgepole pine (Pinus contorta).
(2) Died or dying.--The term ``died or dying'', with
respect to a covered tree species, shall be determined in a
manner consistent with applicable Forest Service standards.
SEC. 8334. SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC
EVENTS.
(a) Expedited Salvage Operations and Reforestation Activities
Following Large-scale Catastrophic Events.--
(1) Expedited environmental assessment.--Notwithstanding
any other provision of law, an environmental assessment
prepared by the Secretary concerned pursuant to section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332)
for a salvage operation or reforestation activity proposed to
be conducted on National Forest System lands or public lands
adversely impacted by a large-scale catastrophic event shall be
completed within 60 days after the conclusion of the
catastrophic event.
(2) Expedited implementation and completion.--In the case
of reforestation activities conducted on National Forest System
lands or public lands adversely impacted by a large-scale
catastrophic event, the Secretary concerned shall, to the
maximum extent practicable, achieve reforestation of at least
75 percent of the impacted lands during the 5-year period
following the conclusion of the catastrophic event.
(3) Availability of knutson-vandenberg funds.--Amounts in
the special fund established pursuant to section 3 of the Act
of June 9, 1930 (commonly known as the Knutson-Vandenberg Act;
16 U.S.C. 576b) shall be available to the Secretary of
Agriculture for reforestation activities authorized by this
section.
(4) Timeline for public input process.--Notwithstanding any
other provision of law, in the case of a salvage operation or
reforestation activity proposed to be conducted on National
Forest System lands or public lands adversely impacted by a
large-scale catastrophic event, the Secretary concerned shall
allow 30 days for public scoping and comment, 15 days for
filing an objection, and 15 days for the agency response to the
filing of an objection. Upon completion of this process and
expiration of the period specified in paragraph (1), the
Secretary concerned shall implement the project immediately.
(b) Compliance With Forest Plan.--A salvage operation or
reforestation activity authorized by this section shall be conducted in
a manner consistent with the forest plan applicable to the National
Forest System lands or public lands covered by the salvage operation or
reforestation activity.
(c) Prohibition on Restraining Orders, Preliminary Injunctions, and
Injunctions Pending Appeal.--No restraining order, preliminary
injunction, or injunction pending appeal shall be issued by any court
of the United States with respect to any decision to prepare or conduct
a salvage operation or reforestation activity in response to a large-
scale catastrophic event. Section 705 of title 5, United States Code,
shall not apply to any challenge to the salvage operation or
reforestation activity.
SEC. 8335. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO ACTION)
IN PROPOSED COLLABORATIVE FOREST MANAGEMENT ACTIVITIES.
(a) Application to Certain Environmental Assessments and
Environmental Impact Statements.--This section shall apply whenever the
Secretary concerned prepares an environmental assessment or an
environmental impact statement pursuant to section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest
management activity that--
(1) is developed through a collaborative process;
(2) is proposed by a resource advisory committee;
(3) will occur on lands identified by the Secretary
concerned as suitable for timber production;
(4) will occur on lands designated by the Secretary (or
designee thereof) pursuant to section 602(b) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(b)),
notwithstanding whether such forest management activity is
initiated prior to September 30, 2018; or
(5) is covered by a community wildfire protection plan.
(b) Consideration of Alternatives.--In an environmental assessment
or environmental impact statement described in subsection (a), the
Secretary concerned shall study, develop, and describe only the
following two alternatives:
(1) The forest management activity.
(2) The alternative of no action.
(c) Elements of No Action Alternative.--In the case of the
alternative of no action, the Secretary concerned shall consider
whether to evaluate--
(1) the effect of no action on--
(A) forest health;
(B) habitat diversity;
(C) wildfire potential;
(D) insect and disease potential; and
(E) timber production; and
(2) the implications of a resulting decline in forest
health, loss of habitat diversity, wildfire, or insect or
disease infestation, given fire and insect and disease historic
cycles, on--
(A) domestic water supply in the project area;
(B) wildlife habitat loss; and
(C) other economic and social factors.
SEC. 8336. INJUNCTIVE RELIEF.
(a) Balancing Short- and Long-Term Effects of Forest Management
Activities in Considering Injunctive Relief.--As part of its weighing
the equities while considering any request for an injunction that
applies to any agency action as part of a forest management activity
the court reviewing the agency action shall balance the impact to the
ecosystem likely affected by the forest management activity of--
(1) the short- and long-term effects of undertaking the
agency action; against
(2) the short- and long-term effects of not undertaking the
action.
(b) Time Limitations for Injunctive Relief.--
(1) In general.--Subject to paragraph (2) the length of any
preliminary injunctive relief and stays pending appeal that
applies to any agency action as part of a forest management
activity, shall not exceed 60 days.
(2) Renewal.--
(A) In general.--A court of competent jurisdiction
may issue one or more renewals of any preliminary
injunction, or stay pending appeal, granted under
paragraph (1).
(B) Updates.--In each renewal of an injunction in
an action, the parties to the action shall present the
court with updated information on the status of the
authorized forest management activity.
SEC. 8337. APPLICATION OF ROADLESS AREA CONSERVATION RULE.
The roadless area conservation rule established under part 294 of
title 36, Code of Federal Regulations (or successor regulations), shall
not apply to any National Forest System land in the State of Alaska.
SEC. 8338. VACANT GRAZING ALLOTMENTS MADE AVAILABLE TO CERTAIN GRAZING
PERMIT HOLDERS.
(a) In General.--The Secretary concerned shall, to the maximum
extent practicable, make vacant grazing allotments available to a
holder of a grazing permit or lease issued by such Secretary if the
lands covered by the permit or lease are unusable because of a natural
disaster (including a drought or wildfire), court-issued injunction, or
conflict with wildlife, as determined by the Secretary concerned.
(b) Terms and Conditions.--The terms and conditions contained in a
permit or lease for a vacant grazing allotment made available pursuant
to this subsection (a) shall be the terms and conditions of the most
recent permit or lease that was applicable to such allotment.
(c) Court-issued Injunctions.--A court may not issue any order
enjoining the use of any allotment for which a permit or lease has been
issued by the Secretary concerned and continues in effect unless the
Secretary concerned can make a vacant grazing allotment available to
the holder of such permit or lease.
(d) Environmental Assessment Under the National Environmental
Policy Act.--Activities carried out by the Secretary concerned pursuant
to subsection (a) are a category of actions hereby designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
SEC. 8339. PILOT PROJECT FOR FOREST HEALTH, WATERSHED IMPROVEMENT, AND
HABITAT RESTORATION IN NEW MEXICO.
(a) Pilot Project Established.--The Secretary of Agriculture,
acting through the Chief of the Forest Service, shall conduct a pilot
project within the Lincoln National Forest, Cibola National Forest, and
Gila National Forest in the State of New Mexico to analyze and
demonstrate the effectiveness of various tools and techniques to
address the following natural resource concerns:
(1) Thinning for forest health.
(2) Watershed improvement.
(3) Habitat restoration.
(b) Authorized Activities.--The Secretary of Agriculture in
carrying out the pilot project established under subsection (a) may
conduct applied silvicultural investigations and treatments,
including--
(1) silvicultural investigations conducted for the purposes
of information gathering and research relating to the natural
resource concerns described in subsection (a); and
(2) mechanical thinning.
(c) County Refusal of Silvicultural Investigation or Treatment.--
The Secretary may not carry out a silvicultural investigation or
treatment under this section if a county in which such investigation or
treatment would be conducted provides a refusal to the Secreteray with
respect to such investigation or treatment.
(d) Environmental Assessment Under the National Environmental
Policy Act.--Forest management activities carried out by the Secretary
of Agriculture under this section are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(f) Public Participation.--The Secretary shall encourage meaningful
public participation during preparation of a silvicultural
investigation or treatment under this section.
(g) Use of Arbitration Instead of Litigation to Address Challenges
to Forest Management Activities.--
(1) Discretionary arbitration process pilot program.--
(A) In general.--The Secretary of Agriculture shall
establish a discretionary arbitration pilot program as
an alternative dispute resolution process in lieu of
judicial review for the an objection or protest to a
forest management activity carried out pursuant to this
section.
(B) Activities described.--The Secretary of
Agriculture, at the sole discretion of the Secretary,
may designate objections or protests to forest
management activities for arbitration under the
arbitration pilot program established under
subparagraph (A).
(C) Maximum amount of arbitrations.--Under the
arbitration pilot program, the Secretary concerned may
not arbitrate more than 10 objections or protests to
forest management activities in a fiscal year in each
Forest Service Region.
(D) Determining amount of arbitrations.--An
objection or protest to a forest management activity
shall not be counted towards the limitation on number
of arbitrations under subparagraph (C) unless--
(i) on the date such objection or protest
is designated for arbitration, the forest
management activity for which such objection or
protest is filed has not been the subject of
arbitration proceedings under the pilot
program; and
(ii) the arbitration proceeding has
commenced with respect to such objection or
protest.
(2) Intervening parties.--
(A) Requirements.--Any person that submitted a
public comment on the forest management activity that
is subject to arbitration may intervene in the
arbitration--
(i) by endorsing--
(I) the forest management activity;
or
(II) the modification proposal
submitted under clause (ii); or
(ii) by submitting a proposal to further
modify the forest management activity.
(B) Deadline for submission.--With respect to an
objection or protest that is designated for arbitration
under paragraph (1)(B), a request to intervene in an
arbitration must be submitted not later than the date
that is 30 days after the date on which such objection
or protest was designated for arbitration.
(C) Multiple parties.--Multiple intervening parties
may submit a joint proposal so long as each intervening
party meets the eligibility requirements of
subparagraph (A).
(3) Appointment of arbitrator.--
(A) Appointment.--The Secretary of Agriculture
shall develop and publish a list of not fewer than 20
individuals eligible to serve as arbitrators for the
arbitration pilot program under this section.
(B) Qualifications.--In order to be eligible to
serve as an arbitrator under this paragraph, an
individual shall be, on the date of the appointment of
such arbitrator--
(i) certified by the American Arbitration
Association; and
(ii) not a registered lobbyist.
(C) Selection of arbitrator.--
(i) In general.--For each arbitration
commenced under this subsection, the Secretary
concerned and each applicable objector or
protestor shall agree, not later than 14 days
after the agreement process is initiated, on a
mutually acceptable arbitrator from the list
published under subparagraph (A).
(ii) Appointment after 14-days.--In the
case of an agreement with respect to a mutually
acceptable arbitrator not being reached within
the 14-day limit described in clause (i), the
Secretary concerned shall appoint an arbitrator
from the list published under subparagraph (A).
(4) Selection of proposals.--
(A) In general.--The arbitrator appointed under
paragraph (3)--
(i) may not modify any of the proposals
submitted with the objection, protest, or
request to intervene; and
(ii) shall select to be conducted--
(I) the forest management activity,
as approved by the Secretary; or
(II) a proposal submitted by an
objector or an intervening party.
(B) Selection criteria.--An arbitrator shall, when
selecting a proposal, consider--
(i) whether the proposal is consistent with
the applicable forest plan, laws, and
regulations;
(ii) whether the proposal can be carried
out by the Secretary of Agriculture; and
(iii) the effect of each proposal on--
(I) forest health;
(II) habitat diversity;
(III) wildfire potential;
(IV) insect and disease potential;
(V) timber production; and
(VI) the implications of a
resulting decline in forest health,
loss of habitat diversity, wildfire, or
insect or disease infestation, given
fire and insect and disease historic
cycles, on--
(aa) domestic water costs;
(bb) wildlife habitat loss;
and
(cc) other economic and
social factors.
(5) Effect of decision.--The decision of an arbitrator with
respect to the forest management activity--
(A) shall not be considered a major Federal action;
(B) shall be binding; and
(C) shall not be subject to judicial review, except
as provided in section 10(a) of title 9, United States
Code.
(6) Deadline for completion.--Not later than 90 days after
the date on which the arbitration is filed with respect to the
forest management activity, the arbitration process shall be
completed.
(h) Termination.--The authority to carry out this section shall
terminate on the date that is 7 years after the date of the enactment
of this section.
Subtitle D--Tribal Forestry Participation and Protection
SEC. 8401. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF
STEWARDSHIP END RESULT CONTRACTING AND OTHER AUTHORITIES.
(a) Prompt Consideration of Tribal Requests.--Section 2(b) of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended--
(1) in paragraph (1), by striking ``Not later than 120 days
after the date on which an Indian tribe submits to the
Secretary'' and inserting ``In response to the submission by an
Indian Tribe of''; and
(2) by adding at the end the following new paragraph:
``(4) Time periods for consideration.--
``(A) Initial response.--Not later than 120 days
after the date on which the Secretary receives a Tribal
request under paragraph (1), the Secretary shall
provide an initial response to the Indian Tribe
regarding--
``(i) whether the request may meet the
selection criteria described in subsection (c);
and
``(ii) the likelihood of the Secretary
entering into an agreement or contract with the
Indian Tribe under paragraph (2) for activities
described in paragraph (3).
``(B) Notice of denial.--Notice under subsection
(d) of the denial of a Tribal request under paragraph
(1) shall be provided not later than 1 year after the
date on which the Secretary received the request.
``(C) Completion.--Not later than 2 years after the
date on which the Secretary receives a Tribal request
under paragraph (1), other than a Tribal request denied
under subsection (d), the Secretary shall--
``(i) complete all environmental reviews
necessary in connection with the agreement or
contract and proposed activities under the
agreement or contract; and
``(ii) enter into the agreement or contract
with the Indian Tribe under paragraph (2).''.
(b) Conforming and Technical Amendments.--Section 2 of the Tribal
Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended--
(1) in subsections (b)(1) and (f)(1), by striking ``section
347 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-
277) (as amended by section 323 of the Department of the
Interior and Related Agencies Appropriations Act, 2003 (117
Stat. 275))'' and inserting ``section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c)''; and
(2) in subsection (d), by striking ``subsection (b)(1), the
Secretary may'' and inserting ``paragraphs (1) and (4)(B) of
subsection (b), the Secretary shall''.
SEC. 8402. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
The Secretary of the Interior and the Secretary of Agriculture may
carry out demonstration projects by which federally recognized Indian
Tribes or Tribal organizations may contract to perform administrative,
management, and other functions of programs of the Tribal Forest
Protection Act of 2004 (25 U.S.C. 3115a et seq.) through contracts
entered into under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304 et seq.).
Subtitle E--Other Matters
SEC. 8501. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM FOR WOOD
BUILDING CONSTRUCTION.
(a) In General.--The Secretary shall conduct performance-driven
research and development, education, and technical assistance for the
purpose of facilitating the use of innovative wood products in wood
building construction in the United States.
(b) Activities.--In carrying out subsection (a), the Secretary
shall--
(1) after receipt of input and guidance from, and
collaboration with, the wood products industry, conservation
organizations, and institutions of higher education, conduct
research and development, education, and technical assistance
that meets measurable performance goals for the achievement of
the priorities described in subsection (c); and
(2) after coordination and collaboration with the wood
products industry and conservation organizations, make
competitive grants to institutions of higher education to
conduct research and development, education, and technical
assistance that meets measurable performance goals for the
achievement of the priorities described in subsection (c).
(c) Priorities.--The research and development, education, and
technical assistance conducted under subsection (a) shall give priority
to--
(1) ways to improve the commercialization of innovative
wood products;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Secretary of the life cycle
environmental footprint, from extraction of raw materials
through the manufacturing process, of tall wood building
construction;
(4) analyzing methods to reduce the life cycle
environmental footprint of tall wood building construction;
(5) analyzing the potential implications of the use of
innovative wood products in building construction on wildlife;
and
(6) one or more other research areas identified by the
Secretary, in consultation with conservation organizations,
institutions of higher education, and the wood products
industry.
(d) Timeframe.--To the maximum extent practicable, the measurable
performance goals for the research and development, education, and
technical assistance conducted under subsection (a) shall be achievable
within a 5-year period.
(e) Definitions.--In this section:
(1) Innovative wood product.--The term ``innovative wood
product'' means a type of building component or system that
uses large panelized wood construction, including mass timber.
(2) Mass timber.--The term ``mass timber'' includes--
(A) cross-laminated timber;
(B) nail-laminated timber;
(C) glue-laminated timber;
(D) laminated strand lumber; and
(E) laminated veneer lumber.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Research and Development
deputy area and the State and Private Forestry deputy area of
the Forest Service.
(4) Tall wood building.--The term ``tall wood building''
means a building designed to be--
(A) constructed with mass timber; and
(B) more than 85 feet in height.
SEC. 8502. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT
PILOT PROGRAM.
(a) Pilot Program Required.--To encourage owners or operators of
rights-of-way on National Forest System land to partner with the Forest
Service to voluntarily perform vegetation management on a proactive
basis to better protect utility infrastructure from potential passing
wildfires, the Secretary shall conduct a limited, voluntary pilot
program, in the manner described in this section, to permit vegetation
management projects on National Forest System land adjacent to or near
such rights-of-way.
(b) Eligible Participants.--A participant in the pilot program must
have a right-of-way on National Forest System land. In selecting
participants, the Secretary shall give priority to holders of a right-
of-way who have worked with Forest Service fire scientists and used
technologies, such as Light Detection and Ranging surveys, to improve
utility infrastructure protection prescriptions.
(c) Project Elements.--A vegetation management project under the
pilot program involves limited and selective vegetation management
activities, which--
(1) shall create the least amount of disturbance reasonably
necessary to protect utility infrastructure from passing
wildfires based on applicable models, including Forest Service
fuel models;
(2) may include thinning, fuel reduction, creation and
treatment of shaded fuel breaks, and other measures as
appropriate;
(3) shall only take place adjacent to the participant's
right-of-way or within 75 feet of the participant's right-of-
way;
(4) shall not take place in any designated wilderness area,
wilderness study area, or inventoried roadless area; and
(5) shall be subject to approval by the Forest Service in
accordance with this section.
(d) Project Costs.--A participant in the pilot program shall be
responsible for all costs, as determined by the Secretary, incurred in
participating in the pilot program, unless the Secretary determines
that it is in the public interest for the Forest Service to contribute
funds for a vegetation management project conducted under the pilot
program.
(e) Liability.--
(1) In general.--Participation in the pilot program does
not affect any existing legal obligations or liability
standards that--
(A) arise under the right-of-way for activities in
the right-of-way; or
(B) apply to fires resulting from causes other than
activities conducted pursuant to an approved vegetation
management project.
(2) Project work.--A participant shall not be liable to the
United States for damage proximately caused by activities
conducted pursuant to an approved vegetation management project
unless--
(A) such activities were carried out in a manner
that was grossly negligent or that violated criminal
law; or
(B) the damage was caused by the failure of the
participant to comply with specific safety requirements
expressly imposed by the Forest Service as a condition
of participating in the pilot program.
(f) Implementation.--The Secretary shall utilize existing laws and
regulations in the conduct of the pilot program and, in order to
implement the pilot program in an efficient and expeditious manner, may
waive or modify specific provisions of the Federal Acquisition
Regulation, including modifications to allow for formation of contracts
or agreements on a noncompetitive basis.
(g) Treatment of Proceeds.--Notwithstanding any other provision of
law, the Secretary may--
(1) retain any funds provided to the Forest Service by a
participant in the pilot program; and
(2) use such funds, in such amounts as may be appropriated,
in the conduct of the pilot program.
(h) Definitions.--In this section:
(1) National forest system land.--The term ``National
Forest System land'' means land within the National Forest
System, as defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))
exclusive of the National Grasslands and land utilization
projects designated as National Grasslands administered
pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012).
(2) Passing wildfire.--The term ``passing wildfire'' means
a wildfire that originates outside the right-of-way.
(3) Right-of-way.--The term ``right-of-way'' means a
special use authorization issued by the Forest Service allowing
the placement of utility infrastructure.
(4) Utility infrastructure.--The term ``utility
infrastructure'' means electric transmission lines, natural gas
infrastructure, or related structures.
(i) Duration.--The authority to conduct the pilot program, and any
vegetation management project under the pilot program, expires December
21, 2027.
(j) Report to Congress.--Not later than December 31, 2019, and
every two years thereafter, the Secretary shall issue a report to the
Committee on Energy and Natural Resources of the Senate, the Committee
on Agriculture, Nutrition, and Forestry of the Senate, the Committee on
Natural Resources of the House of Representatives, and the Committee on
Agriculture of the House of Representatives on the status of the
program and any projects established under this section.
SEC. 8503. REVISION OF EXTRAORDINARY CIRCUMSTANCES REGULATIONS.
(a) Determinations of Extraordinary Circumstances.--In determining
whether extraordinary circumstances related to a proposed action
preclude use of a categorical exclusion, the Forest Service shall not
be required to--
(1) consider whether a proposed action is within a
potential wilderness area;
(2) consider whether a proposed action affects a Forest
Service sensitive species;
(3) conduct an analysis under section 220.4(f) of title 36,
Code of Federal Regulations, of the proposed action's
cumulative impact (as the term is defined in section 1508.7 of
title 40, Code of Federal Regulations);
(4) consider a determination under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed
action may affect, but is not likely to adversely affect,
threatened, endangered, or candidate species, or designated
critical habitats; or
(5) consider a determination under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed
action may affect, and is likely to adversely affect
threatened, endangered, candidate species, or designated
critical habitat if the agency is in compliance with the
applicable provisions of the biological opinion.
(b) Proposed Rulemaking.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Agriculture shall publish a
notice of proposed rulemaking to revise section 220.6(b) of title 36,
Code of Federal Regulations to conform such section with subsection
(a).
(c) Additional Revision.--As part of the proposed rulemaking
described in subsection (b), the Secretary of Agriculture shall revise
section 220.5(a)(2) of title 36, Code of Federal Regulations, to
provide that the Forest Service shall not be required to consider
proposals that would substantially alter a potential wilderness area as
a class of actions normally requiring environmental impact statements.
(d) Additional Actions.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Agriculture shall issue
final regulations to carry out the revisions described in subsections
(b) and (c).
SEC. 8504. NO LOSS OF FUNDS FOR WILDFIRE SUPPRESSION.
Nothing in this title or the amendments made by this title may be
construed to limit from the availability of funds or other resources
for wildfire suppression.
SEC. 8505. TECHNICAL CORRECTIONS.
(a) Wildfire Suppression Funding and Forest Management Activities
Act.--
(1) In general.--The Wildfire Suppression Funding and
Forest Management Activities Act (Public Law 115-141) is
amended--
(A) in section 102(a)(2), by striking ``the date of
enactment'' and inserting ``the date of the
enactment''; and
(B) in section 401(a)(1), by inserting ``of 2000''
after ``Self-Determination Act''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if enacted as part of the Wildfire
Suppression Funding and Forest Management Activities Act
(Public Law 115-141).
(b) Agricultural Act of 2014.--Section 8206(a) of the Agricultural
Act of 2014 (16 U.S.C. 2113a(a)) is amended--
(1) in paragraph (3)(B)(i)(II), by striking ``Good Neighbor
Authority Improvement Act'' and inserting ``Wildfire
Suppression Funding and Forest Management Activities Act''; and
(2) in paragraph (7), as redesignated by section 8331, by
striking ``Good Neighbor Authority Improvement Act'' and
inserting ``Wildfire Suppression Funding and Forest Management
Activities Act''.
SEC. 8506. CONVEYANCE OF LAND AND IMPROVEMENTS TO THE VILLAGE OF SANTA
CLARA, NEW MEXICO.
(a) Conveyance Required.--Subject to the provisions of this
section, if the Village of Santa Clara, New Mexico, submits to the
Secretary a written request for conveyance, the Secretary shall convey
to the Village of Santa Clara all right, title, and interest of the
United States in and to approximately 1,520 acres of National Forest
System land, as generally depicted on the map.
(b) Map.--
(1) Availability of map.--The map shall be kept on file and
available for public inspection in the appropriate office of
the Forest Service.
(2) Correction of errors.--The Secretary may correct minor
errors in the map.
(c) Consideration.--
(1) In general.--As consideration for the conveyance of
land under subsection (a), the Village of Santa Clara shall pay
to the Secretary an amount equal to the market value of the
land, as determined by the appraisal under subsection (g).
(2) Installments.--The amount described in paragraph (1)
may be paid in periodic installments to the Secretary.
(3) Parcel conveyances.--Upon receipt of an installment
pursuant to paragraph (2), the Secretary shall convey to the
Village of Santa Clara all right, title, and interest of the
United States in and to a parcel of the land described
subsection (a) that is equal in value to such installment and
identified by the Village of Santa Clara at the time such
installment is paid.
(d) Terms and Conditions.--The conveyance under subsection (a)
shall be--
(1) subject to valid existing rights;
(2) made by quitclaim deed;
(3) subject to the reservation by the Secretary of an
access easement over and across Fort Bayard Road; and
(4) subject to any other terms and conditions as the
Secretary considers appropriate to protect the interests of the
United States.
(e) Costs of Conveyance.--As a condition for the conveyance under
subsection (a) and in addition to the consideration paid under
subsection (c), the Village of Santa Clara shall pay for all costs
associated with the conveyance, including for--
(1) the land survey under subsection (f);
(2) any environmental analysis and resource surveys
determined necessary by Federal law; and
(3) the appraisal under subsection (g).
(f) Survey.--The actual acreage and legal description of the
National Forest System land to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary;
notwithstanding section 7 of title 43, United States Code, the
Secretary is authorized to perform and approve any required cadastral
surveys.
(g) Appraisal.--The Secretary shall complete an appraisal of the
land to be conveyed under subsection (a) in accordance with--
(1) the ``Uniform Appraisal Standards for Federal Land
Acquisitions''; and
(2) the ``Uniform Standards of Professional Appraisal
Practice''.
(h) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(2) Map.--The term ``map'' means the map entitled ``Village
of Santa Clara Conveyance Act 2018'' and dated February 21,
2018.
SEC. 8507. STREAMLINING THE FOREST SERVICE PROCESS FOR CONSIDERATION OF
COMMUNICATIONS FACILITY LOCATION APPLICATIONS.
(a) Definitions.--In this section:
(1) Communications facility.--The term ``communications
facility'' includes--
(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, associated with the licensed or permitted
unlicensed wireless or wireline transmission of
writings, signs, signals, data, images, pictures, and
sounds of all kinds; and
(B) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Federal Communications
Commission or is using duly authorized devices
that do not require individual licenses; and
(iii) is added to a tower, building, or
other structure.
(2) Communications site.--The term ``communications site''
means an area of covered land designated for communications
uses.
(3) Communications use.--The term ``communications use''
means the placement and operation of communications facility.
(4) Communications use authorization.--The term
``communications use authorization'' means an easement, right-
of-way, lease, license, or other authorization to locate or
modify a communications facility on covered land by the Forest
Service for the primary purpose of authorizing the occupancy
and use of the covered land for communications use.
(5) Covered land.--The term ``covered land'' means National
Forest System land.
(6) Forest service.--The term ``Forest Service'' means the
United States Forest Service of the Department of Agriculture.
(7) Organizational unit.--The term ``organizational unit''
means, within the Forest Service--
(A) a regional office;
(B) the headquarters;
(C) a management unit; or
(C) a ranger district office.
(b) Regulations.--Notwithstanding section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) or section 606
of the Repack Airwaves Yielding Better Access for Users of Modern
Services Act of 2018 (Public Law 115-141), not later than 1 year after
the date of enactment of this Act, the Secretary shall issue
regulations--
(1) to streamline the process for considering applications
to locate or modify communications facilities on covered land;
(2) to ensure, to the maximum extent practicable, that the
process is uniform and standardized across the organizational
units of the Forest Service; and
(3) to require that the applications described in paragraph
(1) be considered and granted on a competitively neutral,
technology neutral, and non-discriminatory basis.
(c) Requirements.--The regulations issued under subsection (b)
shall include the following:
(1) Procedures for the tracking of applications described
in subsection (b)(1), including--
(A) identifying the number of applications--
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application that is denied,
describing the reasons for the denial; and
(C) describing the amount of time between the
receipt of an application and the issuance of a final
decision on an application.
(2) Provision for minimum lease terms of not less than 15
years for leases with respect to the location of communications
facilities on covered land.
(3) A policy under which a communications use authorization
renews automatically on expiration, unless the communications
use authorization is revoked for good cause.
(4) A structure of fees for--
(A) submitting an application described in
subsection (b)(1), based on the cost to the Forest
Service of considering such an application; and
(B) issuing communications use authorizations,
based on the cost to the Forest Service of any
maintenance or other activities required to be
performed by the Forest Service as a result of the
location or modification of the communications
facility.
(5) Provision that if the Forest Service does not grant or
deny an application under subparagraph (A) by the deadline
established in section 6409 of the Middle Class Tax Relief and
Job Creation Act as amended by the Repack Airwaves Yielding
Better Access for Users of Modern Services Act of 2018 (47
U.S.C. 1455(b)(3)(A)), the Forest Service shall be deemed to
have granted the application.
(6) Provision for prioritization or streamlining the
consideration of applications to locate or modify
communications facilities on covered land in a previously
disturbed right-of-way.
(d) Additional Considerations.--In issuing regulations under
subsection (b), the Secretary shall consider--
(1) how discrete reviews in considering an application
described in subsection (b)(1) can be conducted simultaneously,
rather than sequentially, by any organizational units of the
Forest Service that must approve the location or modification;
and
(2) how to eliminate overlapping requirements among the
organizational units of the Forest Service with respect to the
location or modification of a communications facility on
covered land administered by those organizational units.
(e) Communication of Streamlined Process to Organizational Units.--
The Secretary shall, with respect to the regulations issued under
subsection (b)--
(1) communicate the regulations to the organizational units
of the Forest Service; and
(2) ensure that the organizational units of the Forest
Service follow the regulations.
(f) Deposit and Availability of Fees.--
(1) Special account.--The Secretary of the Treasury shall
establish a special account in the Treasury for the Forest
Service for the deposit of fees collected by the Forest Service
under subsection (c)(4) for communications use authorizations
on covered land granted, issued, or executed by the Forest
Service.
(2) Requirements for fees collected.--Fees collected by the
Forest Service under subsection (c)(4) shall be--
(A) based on the costs described in subsection
(c)(4); and
(B) competitively neutral, technology neutral, and
nondiscriminatory with respect to other users of the
communications site.
(3) Deposit of fees.--Fees collected by the Forest Service
under subsection (c)(4) shall be deposited in the special
account established for the Forest Service under paragraph (1).
(4) Availability of fees.--Amounts deposited in the special
account for the Forest Service shall be available, to the
extent and in such amounts as are provided in advance in
appropriation Acts, to the Secretary to cover costs incurred by
the Forest Service described in subsection (c)(4), including
the following:
(A) Preparing needs assessments or other
programmatic analyses necessary to designate
communications sites and issue communications use
authorizations.
(B) Developing management plans for communications
sites.
(C) Training for management of communications
sites.
(D) Obtaining or improving access to communications
sites.
(5) No additional appropriations authorized.--Except as
provided in paragraph (4), no other amounts are authorized to
be appropriated to carry out this section.
(g) Savings Provisions.--
(1) Real property authorities.--Nothing in this section, or
the amendments made by this section, shall be construed as
providing any executive agency with any new leasing or other
real property authorities not existing prior to the date of
enactment of this Act.
(2) Effect on other laws.--Nothing in this section, or the
amendments made by this section, and no actions taken pursuant
to this section, or the amendments made by this section, shall
impact a decision or determination by any executive agency to
sell, dispose of, declare excess or surplus, lease, reuse, or
redevelop any Federal real property pursuant to title 40,
United States Code, the Federal Assets Sale and Transfer Act of
2016 (Public Law 114-387), or any other law governing real
property activities of the Federal Government. No agreement
entered into pursuant to this section, or the amendments made
by this section, may obligate the Federal Government to hold,
control, or otherwise retain or use real property that may
otherwise be deemed as excess, surplus, or that could otherwise
be sold, leased or redeveloped.
SEC. 8508. REPORT ON WILDFIRE, INSECT INFESTATION, AND DISEASE
PREVENTION ON FEDERAL LAND.
Not later than 180 days after the date of the enactment of this Act
and every year thereafter, the Secretary of Agriculture and the
Secretary of Interior shall submit to the Committee on Agriculture of
the House of Representatives, the Committee on Natural Resources of the
House of Representatives, the Committee on Agriculture, Nutrition, and
Forestry of the Senate, and the Committee on Energy and Natural
Resources of the Senate a jointly written report on--
(1) the number of acres of Federal land treated by the
Secretary of Agriculture or the Secretary of the Interior for
wildfire, insect infestation, or disease prevention;
(2) the number of acres of Federal land categorized as a
high or extreme fire risk;
(3) the total timber production from Federal land;
(4) the number of acres and average fire intensity of
wildfires affecting Federal land treated for wildfire, insect
infestation, or disease prevention;
(5) the number of acres and average fire intensity of
wildfires affecting Federal land not treated for wildfire,
insect infestation, or disease prevention; and
(6) the Federal response time for each fire on greater than
25,000 acres.
SEC. 8509. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
Section 4003 of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 7303) is amended--
(1) in subsection (d)(1)(B), by inserting ``, except the
Secretary may waive, on a case-by-case basis, the 10-year
period requirement under paragraph (1)(B) of such subsection''
after ``subsection (b)''; and
(2) in subsection (f)--
(A) in paragraph (4)(B), by striking ``proposal''
and all that follows through ``in excess'' and
inserting ``proposal in excess''; and
(B) in paragraph (6), by striking ``2019'' and
inserting ``2023''.
SEC. 8510. WEST FORK FIRE STATION.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Dolores County,
Colorado.
(2) West fork fire station conveyance parcel.--The term
``West Fork Fire Station Conveyance Parcel'' means the parcel
of approximately 3.61 acres of National Forest System land in
the County, as depicted on the map entitled ``Map for West Fork
Fire Station Conveyance Parcel'' and dated November 21, 2017.
(b) Conveyance of West Fork Fire Station Conveyance Parcel, Dolores
County, Colorado.--
(1) In general.--On receipt of a request from the County
and subject to such terms and conditions as are mutually
satisfactory to the Secretary and the County, including such
additional terms as the Secretary determines to be necessary,
the Secretary shall convey to the County without consideration
all right, title, and interest of the United States in and to
the West Fork Fire Station Conveyance Parcel.
(2) Costs.--Any costs relating to the conveyance under
paragraph (1), including processing and transaction costs,
shall be paid by the County.
(3) Use of land.--The land conveyed to the County under
paragraph (1) shall be used by the County only for a fire
station, related infrastructure, and roads to facilitate access
to and through the West Fork Fire Station Conveyance Parcel.
(4) Reversion.--If any portion of the land conveyed under
paragraph (1) is used in a manner that is inconsistent with the
use described in paragraph (3), the land shall, at the
discretion of the Secretary, revert to the United States.
SEC. 8511. COMPETITIVE FORESTRY, NATURAL RESOURCES, AND ENVIRONMENTAL
GRANTS PROGRAM.
Section 1232 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (16 U.S.C. 582a-8) is amended--
(1) in subsection (a) by inserting ``or forest
restoration'' after ``research''; and
(2) by amending subsection (c) to read as follows:
``(c) Priorities.--
``(1) Research.--In awarding the initial grants under
subsection (a) the Secretary shall give priority to applicants
who will use such grants for research concerning--
``(A) the biology of forest organisms, including
physiology, genetic mechanisms, and biotechnology;
``(B) ecosystem function and management, including
forest ecosystem research, biodiversity, forest
productivity, pest management, water resources, and
alternative silvicultural systems;
``(C) wood as a raw material, including forest
products and harvesting;
``(D) human forest interactions, including outdoor
recreation, public policy formulation, economics,
sociology, and administrative behavior;
``(E) international trade, competition, and
cooperation related to forest products;
``(F) alternative native crops, products, and
services that can be produced from renewable natural
resources associated with privately held forest lands;
``(G) viable economic production and marketing
systems for alternative natural resource products and
services;
``(H) economic and environmental benefits of
various conservation practices on forest lands;
``(I) genetic tree improvement; and
``(J) market expansion.
``(2) Forest restoration.--Grants may be used to support
programs that restore forest tree species native to American
forests that may have suffered severe levels of mortality
caused by non-native insects, plant pathogens, or others pests.
``(A) Required component of forest restoration
strategy.--To receive a grant under this subsection, an
eligible institution shall demonstrate that it offers a
program with a forest restoration strategy that
incorporates not less than one of the following
components:
``(i) Collection and conservation of native
tree genetic material.
``(ii) Production of propagules of native
trees in numbers large enough for landscape
scale restoration.
``(iii) Site preparation of former of
native tree habitat.
``(iv) Planting of native tree seedlings.
``(v) Post-planting maintenance of native
trees.
``(B) Award of grants.--The Secretary shall award
competitive grants under this subsection based on the
degree to which the applicant addresses the following
criteria:
``(i) Risk posed to the forests of that
State by non-native pests, as measured by such
factors as the number of such pests present in
the State.
``(ii) The proportion of the State's forest
composed of species vulnerable to non-native
pests present in the United States.
``(iii) The pests' rate of spread via
natural or human-assisted means.''.
TITLE IX--HORTICULTURE
Subtitle A--Horticulture Marketing and Information
SEC. 9001. SPECIALTY CROPS MARKET NEWS ALLOCATION.
Section 10107(b) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 1622b(b)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 9002. FARMERS' MARKET AND LOCAL FOOD PROMOTION PROGRAM.
Section 6(g) of the Farmer-to-Consumer Direct Marketing Act of 1976
(7 U.S.C. 3005(g)) is amended--
(1) in paragraph (3), by striking ``this section'' and all
that follows through ``2018.'' and inserting the following:
``this section--
``(A) $10,000,000 for each of fiscal years 2014
through 2018; and
``(B) $30,000,000 for each of fiscal years 2019
through 2023.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (2), (3), (4), and (5), respectively.
SEC. 9003. FOOD SAFETY EDUCATION INITIATIVES.
Section 10105(c) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 7655a(c)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 9004. SPECIALTY CROP BLOCK GRANTS.
Section 101 of the Specialty Crops Competitiveness Act of 2004 (7
U.S.C. 1621 note; Public Law 108-465) is amended--
(1) in subsection (a)--
(A) by striking ``2018'' and inserting ``2023'';
and
(B) by striking ``agriculture solely to enhance the
competitiveness of specialty crops.'' and inserting the
following: ``agriculture to--
``(1) enhance the competitiveness of specialty crops;
``(2) leverage efforts to market and promote specialty
crops;
``(3) assist producers with research and development;
``(4) expand availability and access to specialty crops;
``(5) address local, regional, and national challenges
confronting specialty crop producers; and
``(6) address other priorities as determined by the
Secretary in consultation with relevant State departments of
agriculture.'';
(2) in subsection (k), by adding at the end the following
new paragraph:
``(3) Evaluation of performance.--The Secretary shall enter
into a cooperative agreement with relevant State departments of
agriculture and specialty crop industry stakeholders that agree
to--
``(A) develop, in consultation with the Secretary,
performance measures to be used as the sole means for
performing an evaluation under subparagraph (B); and
``(B) periodically evaluate the performance of the
program established under this section.''; and
(3) in subsection (l)(2)(E), by striking ``fiscal year
2018'' and inserting ``each of fiscal years 2018 through
2023''.
SEC. 9005. AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT.
(a) Asexually Reproduced Defined.--Section 41(a) of the Plant
Variety Protection Act (7 U.S.C. 2401(a)) is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), (8), and (9) as paragraphs (2), (3), (4), (5), (6),
(7), (8), (9), and (10), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Asexually reproduced.--The term `asexually
reproduced' means produced by a method of plant propagation
using vegetative material (other than seed) from a single
parent, including cuttings, grafting, tissue culture, and
propagation by root division.''.
(b) Right to Plant Variety Protection; Plant Varieties
Protectable.--Section 42(a) of the Plant Variety Protection Act (7
U.S.C. 2402(a)) is amended by striking ``or tuber propagated'' and
inserting ``, tuber propagated, or asexually reproduced''.
(c) Infringement of Plant Variety Protection.--Section 111(a)(3) of
the Plant Variety Protection Act (7 U.S.C. 2541(a)(3)) is amended by
inserting ``or asexually'' after ``sexually''.
(d) False Marketing; Cease and Desist Orders.--Section 128(a) of
the Plant Variety Protection Act (7 U.S.C. 2568(a)) is amended, in the
matter preceding paragraph (1), by inserting ``or asexually'' after
``sexually''.
SEC. 9006. ORGANIC PROGRAMS.
(a) Additional Accreditation Authority.--Section 2115 of the
Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Satellite Offices and Overseas Operations.--The Secretary--
``(1) has oversight and approval authority with respect to
a certifying agent accredited under this section who is
operating as a certifying agent in a foreign country for the
purpose of certifying a farm or handling operation in such
foreign country as a certified organic farm or handling
operation; and
``(2) shall require that each certifying agent that intends
to operate in any foreign country as described in paragraph (1)
is authorized by the Secretary to so operate on an annual
basis.''.
(b) National List of Approved and Prohibited Substances for Organic
Farming or Handling Operations.--Section 2119(n) of the Organic Foods
Production Act of 1990 (7 U.S.C. 6518(n)) is amended to read as
follows:
``(n) Petitions.--
``(1) In general.--The Board shall establish procedures
under which persons may petition the Board for the purpose of
evaluating substances for inclusion on the National List.
``(2) Expedited review.--The Secretary shall develop
procedures under which the review of a petition referred to in
paragraph (1) may be expedited if the petition seeks to include
on the National List a postharvest handling substance that is
related to food safety or a class of such substances.
``(3) Rule of construction.--Nothing in paragraph (2) shall
be construed as providing that section 2118(d) does not apply
with respect to the inclusion of a substance on the National
List pursuant to such paragraph.''.
(c) Certain Employees Eligible to Serve as National Organics
Standards Board Members.--Section 2119(b) of the Organic Foods
Production Act of 1990 (7 U.S.C. 6518(b)) is amended--
(1) in paragraph (1), by inserting ``, or employees of such
individuals'' after ``operation'';
(2) in paragraph (2), by inserting ``, or employees of such
individuals'' after ``operation''; and
(3) in paragraph (3), by inserting ``, or an employee of
such individual'' after ``products''.
(d) National Organic Standards Board Consultation Requirements.--
Section 2119(l) of the Organic Foods Production Act of 1990 (7 U.S.C.
6518(l)) is amended--
(1) in paragraph (2), by striking ``; and'' at the end and
inserting a semicolon;
(2) in paragraph (3)--
(A) by striking ``and the evaluation of the
technical advisory panel'' and inserting ``, the
evaluation of the technical advisory panel, and the
determinations of the task force required under
paragraph (4)''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of a substance not included in the
National List that the Commissioner of Food and Drugs has
determined to be safe for use within the meaning of section
201(s) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(s)) or the Administrator of the Environmental Protection
Agency has determined there is a reasonable certainty that no
harm will result from aggregate exposure to the pesticide
chemical residue, including all anticipated dietary exposures
and all other exposures for which there is reliable
information, convene a task force to consult with the
Commissioner or Administrator (or the designees thereof), as
applicable, to determine if such substance should be included
on the National List.''.
(e) Recordkeeping, Investigation, and Enforcement.--
(1) Collaborative investigations and enforcement.--Section
2120 of the Organic Foods Production Act of 1990 (7 U.S.C.
6519) is amended by adding at the end the following new
subsection:
``(d) Collaborative Investigations and Enforcement.--
``(1) Information sharing during active investigation.--In
carrying out this title, all parties to an active investigation
(including certifying agents, State organic certification
programs, and the national organic program) may share
confidential business information with Federal and State
government officers and employees and certifying agents
involved in the investigation as necessary to fully investigate
and enforce potential violations of this title.
``(2) Access to data documentation systems.--The Secretary
shall have access to available data from cross-border
documentation systems administered by other Federal agencies,
including--
``(A) the Automated Commercial Environment system
of U.S. Customs and Border Protection; and
``(B) the Phytosanitary Certificate Issuance and
Tracking system of the Animal and Plant Health
Inspection Service.
``(3) Additional documentation and verification.--The
Secretary, acting through the Deputy Administrator of the
national organic program under this title, has the authority,
and shall grant an accredited certifying agent the authority,
to require producers and handlers to provide additional
documentation or verification before granting certification
under section 2104, in the case of a known area of risk or when
there is a specific area of concern, with respect to meeting
the national standards for organic production established under
section 2105, as determined by the Secretary or the certifying
agent.''.
(2) Modification of regulations on exclusions from
certification.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Agriculture shall issue
regulations to limit the type of operations that are excluded
from certification under section 205.101 of title 7, Code of
Federal Regulations (or a successor regulation).
(f) Reporting Requirement.--Section 2122 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end
the following new subsection:
``(c) Reporting Requirement.--Not later than March 1, 2019, and
annually thereafter through March 1, 2023, the Secretary shall submit
to Congress a report describing national organic program activities
with respect to all domestic and overseas investigations and compliance
actions taken pursuant to this title during the preceding year.''.
(g) Authorization of Appropriations for National Organic Program.--
Subsection (b) of section 2123 of the Organic Foods Production Act of
1990 (7 U.S.C. 6522) is amended to read as follows:
``(b) National Organic Program.--Notwithstanding any other
provision of law, in order to carry out activities under the national
organic program established under this title, there are authorized to
be appropriated--
``(1) $15,000,000 for fiscal year 2018;
``(2) $16,500,000 for fiscal year 2019;
``(3) $18,000,000 for fiscal year 2020;
``(4) $20,000,000 for fiscal year 2021;
``(5) $22,000,000 for fiscal year 2022; and
``(6) $24,000,000 for fiscal year 2023.''.
(h) International Trade Technology Systems and Data Collection.--
Subsection (c) of section 2123 of the Organic Foods Production Act of
1990 (7 U.S.C. 6522) is amended to read as follows:
``(c) Modernization and Improvement of International Trade
Technology Systems and Data Collection.--
``(1) In general.--The Secretary shall modernize
international trade tracking and data collection systems of the
national organic program.
``(2) Activities.--In carrying out paragraph (1), the
Secretary shall modernize trade and transaction certificates to
ensure full traceability without unduly hindering trade, such
as through an electronic trade document exchange system.
``(3) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $5,000,000 for
fiscal year 2019 for the purposes of--
``(A) carrying out this subsection; and
``(B) maintaining the database and technology
upgrades previously carried out under this subsection,
as in effect on the day before the date of the
enactment of the Agriculture and Nutrition Act of 2018.
``(4) Availability.--The amounts made available under
paragraph (3) are in addition to any other funds made available
for the purposes specified in such paragraph and shall remain
available until expended.''.
(i) Organic Production and Market Data Initiatives.--Section
7407(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
5925c(d)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following new paragraph:
``(1) Mandatory funding for fiscal year 2019.--Of the funds
of the Commodity Credit Corporation, the Secretary shall use to
carry out this section $5,000,000 for fiscal year 2019, to
remain available until expended.'';
(2) in paragraph (3)--
(A) by striking ``paragraphs (1) and (2)'' and
inserting ``paragraph (1)''; and
(B) by striking ``2018'' and inserting ``2023'';
and
(3) by redesignating paragraph (3), as so amended, as
paragraph (2).
Subtitle B--Regulatory Reform
PART I--STATE LEAD AGENCIES UNDER FEDERAL INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT
SEC. 9101. RECOGNITION AND ROLE OF STATE LEAD AGENCIES.
(a) State Lead Agency Defined.--Section 2(aa) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(aa)) is
amended--
(1) by striking ``(aa) State.--The term'' and inserting the
following:
``(aa) State; State Lead Agency.--
``(1) State.--The term''; and
(2) by adding at the end the following:
``(2) State lead agency.--The term `State lead agency'
means a statewide department, agency, board, bureau, or other
entity in a State that is authorized to regulate, in a manner
consistent with section 24(a), the sale or use of any federally
registered pesticide or device in such State.''.
(b) Uniform Regulation of Pesticides.--
(1) Cooperation with and role of state lead agency.--
Section 22(b) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136t(b)) is amended by inserting
before the period at the end the following: ``promulgated by
the Administrator or, when authorized pursuant to a cooperative
agreement entered into under section 23(a)(1), by a State lead
agency for a State''.
(2) Authority to establish and maintain uniform
regulations.--Section 23(a)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136u(a)(1)) is amended
by inserting after ``enforcement of this Act,'' the following:
``to authorize the State or Indian Tribe to establish and
maintain uniform regulation of pesticides within the State or
for the Indian Tribe,''.
(3) Condition on more restrictive regulation.--Section
24(a) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136v(a)) is amended by striking ``A State may''
and inserting ``A State, but not a political subdivision of a
State, may''.
(c) Role of State Lead Agencies in Promulgation of Regulations.--
Section 25(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136w(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in the first sentence, by inserting ``and each
State lead agency'' after ``Agriculture'';
(B) by striking the second sentence and inserting
the following: ``If the Secretary or any State lead
agency comments in writing to the Administrator
regarding any such regulation within 30 days after
receiving the copy of the regulation, the Administrator
shall publish in the Federal Register (with the
proposed regulation) all such comments and the response
of the Administrator to the comments.''; and
(C) in the third sentence, by inserting ``or any
State lead agency'' after ``Secretary'';
(2) in subparagraph (B)--
(A) in the first sentence, by inserting ``and each
State lead agency'' after ``Agriculture'';
(B) by striking the second sentence and inserting
the following: ``If the Secretary or any State lead
agency comments in writing to the Administrator
regarding any such regulation within 15 days after
receiving the copy of the regulation, the Administrator
shall publish in the Federal Register (with the final
regulation) the comments of the Secretary or State lead
agency, if requested by the Secretary or State lead
agency, and the response of the Administrator to the
comments.''; and
(C) in the third sentence, by inserting ``or any
State lead agency'' after ``Secretary''; and
(3) in subparagraph (C), by inserting before the period at
the end the following: ``, in consultation with the State lead
agencies''.
PART II--PESTICIDE REGISTRATION AND USE
SEC. 9111. REGISTRATION OF PESTICIDES.
(a) Approval of Registration.--Section 3(c)(5) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)) is
amended--
(1) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively and moving the margins
of such clauses (as so redesignated) 2 ems to the right;
(2) by striking ``registration.--The Administrator'' and
inserting the following: ``registration.--
``(A) In general.--The Administrator'';
(3) in clause (iii), as so redesignated, by striking ``;
and'' at the end and inserting a semicolon;
(4) in clause (iv), as so redesignated, by striking the
period at the end and inserting ``; and'';
(5) in the matter following clause (iv), as so
redesignated, by striking ``The Administrator shall not make
any lack'' and all that follows through ``for use of the
pesticide in such State.'';
(6) in subparagraph (A), as amended, by adding at the end
the following new clause:
``(v) when used in accordance with
widespread and commonly recognized practice it
is not likely to jeopardize the survival of a
federally listed threatened or endangered
species or directly or indirectly alter, in a
manner that is likely to appreciably diminish
its value, critical habitat for both the
survival and recovery of such species.''; and
(7) by adding at the end the following new subparagraphs:
``(B) Principles to be applied to certain
determinations.--In determining whether the condition
specified in subparagraph (A)(v) is met, the
Administrator shall take into account the best
scientific and commercial information and data
available, and shall consider all directions for use
and restrictions on use specified by the registration.
In making such determination, the Administrator shall
use an economical and effective screening process that
includes higher-tiered probabilistic ecological risk
assessments, as appropriate. Notwithstanding any other
provision of law, the Administrator shall not be
required to consult or otherwise communicate with the
Secretary of the Interior and the Secretary of Commerce
except to the extent specified in subparagraphs (C) and
(D).
``(C) Species information and data.--
``(i) Request.--Not later than 30 days
after the Administrator begins any
determination under subparagraph (A)(v) with
respect to the registration of a pesticide, the
Administrator shall request that the Secretary
of the Interior and the Secretary of Commerce
transmit, with respect to any federally listed
threatened and endangered species involved in
such determination, the Secretaries' best
available and authoritative information and
data on--
``(I) the location, life history,
habitat needs, distribution, threats,
population trends and conservation
needs of such species; and
``(II) relevant physical and
biological features of designated
critical habitat for such species.
``(ii) Transmission of data.--After
receiving a request under clause (i), the
Secretary of the Interior and the Secretary of
Commerce shall transmit the information
described in such clause to the Administrator
on a timely basis, unless the Secretary of the
Interior and the Secretary of Commerce have
made such information available through a web-
based platform that is updated on at least a
quarterly basis.
``(iii) Failure to transmit data.--The
failure of the Secretary of the Interior or the
Secretary of Commerce to provide information to
the Administrator under clause (ii) shall not
constitute grounds for extending any deadline
for action under section 33(f).
``(D) Consultation.--
``(i) In general.--At the request of an
applicant, the Administrator shall request
consultation with the Secretary of the Interior
and the Secretary of Commerce.
``(ii) Requirements.--With respect to a
consultation under this subparagraph, the
Administrator and the Secretary of the Interior
and the Secretary of Commerce shall comply with
subpart D of part 402 of title 50, Code of
Federal Regulations (commonly known as the
Joint Counterpart Endangered Species Act
Section 7 Consultation), or successor
regulations.
``(E) Failure to consult.--
``(i) Not actionable.--Notwithstanding any
other provision of law, beginning on the date
of the enactment of this subparagraph, the
failure of the Administrator to consult with
the Secretary of the Interior and the Secretary
of Commerce, except as provided by this
section, is not actionable in any Federal
court.
``(ii) Remedy.--In any action pending in
Federal court on the date of the enactment of
this subparagraph or any action brought in
Federal court after such date, with respect to
the Administrator's failure to consult with the
Secretary of the Interior and the Secretary of
Commerce, the sole and exclusive remedy for any
such action, other than as otherwise specified
in this Act, shall be scheduling the
determinations required by section 3(c)(5)(E)
for an active ingredient consistent with the
periodic review of registrations established by
this section.
``(F) Essentiality and efficacy.--The Administrator
shall not make any lack of essentiality a criterion for
denying registration of any pesticide. Where two
pesticides meet the requirements of this paragraph, one
should not be registered in preference to the other. In
considering an application for the registration of a
pesticide, the Administrator may waive data
requirements pertaining to efficacy, in which event the
Administrator may register the pesticide without
determining that the pesticide's composition is such as
to warrant proposed claims of efficacy. If a pesticide
is found to be efficacious by any State under section
24(c), a presumption is established that the
Administrator shall waive data requirements pertaining
to efficacy for use of the pesticide in such State.''.
(b) Registration Under Special Circumstances.--Section 3(c)(7) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a(c)(7)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``and when used in accordance with
widespread and commonly recognized practice, it is not
likely to jeopardize the survival of a federally listed
threatened or endangered species or appreciably
diminish the value of critical habitat for both the
survival and recovery of the listed species,'' after
``or differ only in ways that would not significantly
increase the risk of unreasonable adverse effects on
the environment,''; and
(B) by inserting ``and it is not likely to
jeopardize the survival of a federally listed
threatened or endangered species or appreciably
diminish the value of critical habitat for both the
survival and recovery of the listed species'' before
``. An applicant seeking conditional registration'';
and
(2) in subparagraph (B), by inserting ``and it is not
likely to jeopardize the survival of a federally listed
threatened or endangered species or directly or indirectly
appreciably diminish the value of critical habitat for both the
survival and recovery of the listed species'' before ``.
Notwithstanding the foregoing provisions''.
(c) Registration Review.--Section 3(g)(1)(A) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(g)(1)(A)) is
amended by adding at the end the following new clause:
``(vi) Ensuring protection of species and
habitat.--The Administrator shall complete the
determination required under subsection (c)(5)(A)(v)
for an active ingredient consistent with the periodic
review of registrations under clauses (ii) and (iii) in
accordance with the following schedule:
``(I) With respect to any active ingredient
first registered on or before October 1, 2007,
not later than October 1, 2026.
``(II) With respect to any active
ingredient first registered between October 1,
2007, and the day before the date of the
enactment of this clause, not later than
October 1, 2033.
``(III) With respect to any active
ingredient first registered on or after the
date of the enactment of this clause, not later
than 48 months after the effective date of
registration.''.
SEC. 9112. EXPERIMENTAL USE PERMITS.
Section 5(a) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136c(a)) is amended by inserting ``and that the issuance
of such a permit is not likely to jeopardize the survival of a
federally listed threatened or endangered species or diminish the value
of critical habitat for both the survival and recovery of the listed
species'' after ``section 3 of this Act''.
SEC. 9113. ADMINISTRATIVE REVIEW; SUSPENSION.
Section 6(b) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136d(b)) is amended by inserting ``or does not meet the
criteria specified in section 3(c)(5)(A)(v)'' after ``adverse effects
on the environment''.
SEC. 9114. UNLAWFUL ACTS.
Section 12 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136j) is amended by adding at the end the following new
subsection:
``(c) Lawful Use of Pesticide Resulting in Incidental Taking of
Certain Species.--If the Administrator determines, with respect to a
pesticide that is registered under this Act, that the pesticide meets
the criteria specified in section 3(c)(5)(A)(v), any taking of a
federally listed threatened or endangered species that is incidental to
an otherwise lawful use of such pesticide pursuant to this Act shall
not be considered unlawful under--
``(1) section 4(d) of the Endangered Species Act of 1973
(16 U.S.C. 1533(d)); or
``(2) section 9(a)(1)(B) of the Endangered Species Act of
1973 (16 U.S.C. 1538(a)(1)(B)).''.
SEC. 9115. AUTHORITY OF STATES.
Section 24(c) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136v(c)) is amended--
(1) in paragraph (2), in the second sentence, by inserting
``and the State registration is not likely to jeopardize the
survival of a federally listed threatened or endangered species
or directly or indirectly alter in a manner that is likely to
appreciably diminish the value of critical habitat for both the
survival and recovery of the listed species'' before the period
at the end; and
(2) by striking paragraph (4).
SEC. 9116. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the Environmental Protection Agency shall
publish, and revise thereafter as appropriate, a work plan and
processes for completing the determinations required by clause (v) of
section 3(c)(5)(A) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a(c)(5)(A)), as added by section 9111(a),
and implementing and enforcing standards of registration consistent
with such clause and consistent with registration reviews and other
periodic reviews.
SEC. 9117. USE OF AUTHORIZED PESTICIDES.
Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
``(5) Use of authorized pesticides.--Except as provided in
section 402(s) of the Federal Water Pollution Control Act, the
Administrator or a State may not require a permit under such
Act for a discharge from a point source into navigable waters
of a pesticide authorized for sale, distribution, or use under
this Act, or the residue of such a pesticide, resulting from
the application of such pesticide.''.
SEC. 9118. DISCHARGES OF PESTICIDES.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(s) Discharges of Pesticides.--
``(1) No permit requirement.--Except as provided in
paragraph (2), a permit shall not be required by the
Administrator or a State under this Act for a discharge from a
point source into navigable waters of a pesticide authorized
for sale, distribution, or use under the Federal Insecticide,
Fungicide, and Rodenticide Act, or the residue of such a
pesticide, resulting from the application of such pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of
a pesticide in violation of a provision of the Federal
Insecticide, Fungicide, and Rodenticide Act that is
relevant to protecting water quality, if--
``(i) the discharge would not have occurred
but for the violation; or
``(ii) the amount of pesticide or pesticide
residue in the discharge is greater than would
have occurred without the violation.
``(B) Stormwater discharges subject to regulation
under subsection (p).
``(C) The following discharges subject to
regulation under this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal
operation of a vessel, including a discharge
resulting from ballasting operations or vessel
biofouling prevention.''.
SEC. 9119. ENACTMENT OF PESTICIDE REGISTRATION IMPROVEMENT ENHANCEMENT
ACT OF 2017.
H.R. 1029 of the 115th Congress, entitled the ``Pesticide
Registration Improvement Enhancement Act of 2017'', as passed by the
House of Representatives on March 20, 2017, is hereby enacted into law.
PART III--AMENDMENTS TO THE PLANT PROTECTION ACT
SEC. 9121. METHYL BROMIDE.
Section 419 of the Plant Protection Act (7 U.S.C. 7719) is amended
to read as follows:
``SEC. 419. METHYL BROMIDE.
``(a) Authorization.--
``(1) In general.--Subject to paragraphs (2) and (3), a
State, local, or Tribal authority may authorize the use of
methyl bromide for a qualified use if the authority determines
the use is required to respond to an emergency event. The
Secretary may authorize such a use if the Secretary determines
such a use is required to respond to an emergency event.
``(2) Notification.--Not later than 5 days after the date
on which a State, local, or Tribal authority makes the
determination described in paragraph (1), the State, local, or
Tribal authority intending to authorize the use of methyl
bromide for a qualified use shall submit to the Secretary a
notification that contains the information described in
subsection (b).
``(3) Objection.--A State, local, or Tribal authority may
not authorize the use of methyl bromide under paragraph (1) if
the Secretary objects to such use under subsection (c) within
the 5-day period specified in such subsection.
``(b) Notification Contents.--A notification submitted under
subsection (a)(2) by a State, local, or Tribal authority shall
contain--
``(1) a certification that the State, local, or Tribal
authority requires the use of methyl bromide to respond to an
emergency event;
``(2) a description of the emergency event and the economic
loss that would result from such emergency event;
``(3) the identity and contact information for the
responsible individual of the authority; and
``(4) with respect to the qualified use of methyl bromide
that is the subject of the notification--
``(A) the specific location in which the methyl
bromide is to be used and the total acreage of such
location;
``(B) the identity of the pest or pests to be
controlled by such use;
``(C) the total volume of methyl bromide to be
used; and
``(D) the anticipated date of such use.
``(c) Objection.--
``(1) In general.--The Secretary, not later than 5 days
after the receipt of a notification submitted under subsection
(a)(2), may object to the authorization of the use of methyl
bromide under such subsection by a State, local, or Tribal
authority by sending the State, local, or Tribal authority a
notification in writing of such objection that--
``(A) states the reasons for such objection; and
``(B) specifies any additional information that the
Secretary would require to withdraw the objection.
``(2) Reasons for objection.--The Secretary may object to
an authorization described in paragraph (1) if the Secretary
determines that--
``(A) the notification submitted under subsection
(a)(2) does not--
``(i) contain all of the information
specified in paragraphs (1) through (4) of
subsection (b); or
``(ii) demonstrate the existence of an
emergency event; or
``(B) the qualified use specified in the
notification does not comply with the limitations
specified in subsection (e).
``(3) Withdrawal of objection.--The Secretary shall
withdraw an objection under this subsection if--
``(A) not later than 14 days after the date on
which the Secretary sends the notification under
paragraph (1) to the State, local, or Tribal authority
involved, the State, local, or Tribal authority submits
to the Secretary the additional information specified
in such notification; and
``(B) such additional information is submitted to
the satisfaction of the Secretary.
``(4) Effect of withdrawal.--Upon the issuance of a
withdrawal under paragraph (3), the State, local, or Tribal
authority involved may authorize the use of methyl bromide for
the qualified use specified in the notification submitted under
subsection (a)(2).
``(d) Use for Emergency Events Consistent With FIFRA.--The
production, distribution, sale, shipment, application, or use of a
pesticide product containing methyl bromide in accordance with an
authorization for a use under subsection (a) shall be deemed an
authorized production, distribution, sale, shipment, application, or
use of such product under the Federal Insecticide, Fungicide, and
Rodenticide Act, regardless of whether the intended use is registered
and included in the label approved for the product by the Administrator
of the Environmental Protection Agency under such Act.
``(e) Limitations on Use.--
``(1) Limitations on use per emergency event.--The amount
of methyl bromide that may be used per emergency event at a
specific location shall not exceed 20 metric tons.
``(2) Limits on aggregate amount.--The aggregate amount of
methyl bromide allowed pursuant to this section for use in the
United States in a calendar year shall not exceed the total
amount authorized by the Parties to the Montreal Protocol
pursuant to the Montreal Protocol process for critical uses in
the United States in calendar year 2011.
``(f) Ensuring Adequate Supply of Methyl Bromide.--Notwithstanding
any other provision of law, it shall not be unlawful for any person or
entity to produce or import methyl bromide, or otherwise supply methyl
bromide from inventories (produced or imported pursuant to the Clean
Air Act for other purposes) in response to an emergency event in
accordance with subsection (a).
``(g) Exclusive Authority of the Secretary.--Nothing in this
section shall be construed to alter or modify the authority of the
Secretary to use methyl bromide for quarantine and pre-shipment,
without limitation, under the Clean Air Act.
``(h) Definitions.--
``(1) Emergency event.--The term `emergency event' means a
situation--
``(A) that occurs at a location on which a plant or
commodity is grown or produced or a facility providing
for the storage of, or other services with respect to,
a plant or commodity;
``(B) for which the lack of availability of methyl
bromide for a particular use would result in
significant economic loss to the owner, lessee, or
operator of such a location or facility or the owner,
grower, or purchaser of such a plant or commodity; and
``(C) that, in light of the specific agricultural,
meteorological, or other conditions presented, requires
the use of methyl bromide to control a pest or disease
in such location or facility because there are no
technically or economically feasible alternatives to
methyl bromide easily accessible by an entity referred
to in subparagraph (B) at the time and location of the
event that--
``(i) are registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.) for the intended use or
pest to be so controlled; and
``(ii) would adequately control the pest or
disease presented at such location or facility.
``(2) Pest.--The term `pest' has the meaning given such
term in section 2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
``(3) Qualified use.--The term `qualified use' means, with
respect to methyl bromide, a methyl bromide treatment or
application in an amount not to exceed the limitations
specified in subsection (e) in response to an emergency
event.''.
SEC. 9122. PREVENTING THE ARRIVAL IN THE UNITED STATES OF FOREST PESTS
THROUGH RESTRICTIONS ON THE IMPORTATION OF CERTAIN PLANTS
FOR PLANTING.
(a) Criteria for Adding Plants to Not Authorized Pending Pest Risk
Analysis List.--Section 412(a) of the Plant Protection Act (7 U.S.C.
7711(a)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) Regulation of movement.--The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) Criteria for adding plants to not authorized pending
pest risk analysis list.--In determining whether to add a genus
of a plant for planting to the not authorized pending pest risk
analysis list, the Secretary shall consider the environmental
impact on natural, managed, and urban ecosystems in the United
States of a pest that may be carried on a plant for
planting.''.
(b) Reporting Requirement.--Section 412(e) of the Plant Protection
Act (7 U.S.C. 7712(e)) is amended to read as follows:
``(e) Report on Interception of Forest Pests.--Not later than March
1, 2021, the Secretary shall submit to Congress a report--
``(1) evaluating the effectiveness of the Federal
Government in intercepting pests in international shipping and
on plants for planting;
``(2) describing the geographic sources of intercepted
pests and the commodities or plant species most often
associated with infested shipments;
``(3) quantifying the detection of forest pests in the
national surveillance networks, including the Cooperative
Agricultural Pest Survey and the Early Detection and Rapid
Response network of the Forest Service;
``(4) describing new outbreaks of forest pests in the
United States and the spread of existing infestations;
``(5) describing how the numbers of such interceptions,
detections, and outbreaks described in a preceding paragraph
have changed since January 1, 2018;
``(6) containing proposed additional actions to further
reduce the rate of arrival for forest pests across the borders
of the United States; and
``(7) identifying current challenges with intercepting,
detecting, and addressing outbreaks of tree and wood pests, as
well as challenges in achieving compliance with this Act and
recommendations with respect to such challenges.''.
(c) Declaration of Extraordinary Emergency and Resulting
Authorities.--Section 415(a) of the Plant Protection Act (7 U.S.C.
7715(a)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) use available funds for all activities necessary for
pest eradication, including pest identification, development of
a pest-specific management plan, and implementation of that
plan.''.
(d) Forest Service and Animal and Plant Health Inspection Service
Cooperation in Response to Forest Plant Pests.--Section 431(a) of the
Plant Protection Act (7 U.S.C. 7751(a)) is amended--
(1) by striking ``(a) In General.--'' and inserting the
following:
``(a) Cooperation Authority.--
``(1) In general.--''; and
(2) by adding at the end the following new paragraph:
``(2) Improved cooperation with forest service against
forest plant pests.--The Secretary shall ensure that
appropriate coordination and collaboration is occurring between
the Animal and Plant Health Inspection Service and the Forest
Service with respect to--
``(A) periodically identifying and prioritizing
critical detection, surveillance, and eradication needs
for tree and wood pests; and
``(B) identifying the actions each agency will take
within their respective missions with respect to
addressing identified priorities.''.
(e) Effective Date and Implementation.--
(1) Effective date.--The amendments made by this section
shall take effect 60 days after the date of the enactment of
this Act.
(2) Implementation.--The Secretary shall issue or revise
such regulations as may be necessary to implement the
amendments made by this section.
PART IV--AMENDMENTS TO OTHER LAWS
SEC. 9131. DEFINITION OF RETAIL FACILITIES.
Not later than 180 days of the date of enactment of this Act, the
Secretary of Labor shall revise the process safety management of highly
hazardous chemicals standard under section 1910.119 of title 29, Code
of Federal Regulations, promulgated pursuant to section 6 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655), to provide
that the definition of the term ``retail facility'', when used with
respect to a facility that provides direct sales of highly hazardous
chemicals to end users or consumers (including farmers or ranchers),
means a facility that is exempt from such standard because such
facility has obtained more than half of its income during the most
recent 12-month period from such direct sales.
Subtitle C--Other Matters
SEC. 9201. REPORT ON REGULATION OF PLANT BIOSTIMULANTS.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to the President and
Congress that identifies potential regulatory and legislative reforms
to ensure the expeditious and appropriate review, approval, uniform
national labeling, and availability of plant biostimulant products to
agricultural producers.
(b) Consultation.--The Secretary of Agriculture shall prepare the
report required by subsection (a) in consultation with the
Administrator of the Environmental Protection Agency, the several
States, industry stakeholders, and such other stakeholders as the
Secretary determines necessary.
(c) Plant Biostimulant Defined.--In this section, the term ``plant
biostimulant'' means a substance or micro-organism that, when applied
to seeds, plants, or the rhizosphere, stimulates natural processes to
enhance or benefit nutrient uptake, nutrient efficiency, tolerance to
abiotic stress, or crop quality and yield.
SEC. 9202. PECAN MARKETING ORDERS.
Section 8e(a) of the Agricultural Adjustment Act, reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 608e-1(a)), is amended in the first sentence, by inserting
``pecans,'' after ``walnuts,''.
SEC. 9203. REPORT ON HONEY AND MAPLE SYRUP.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report examining
the effect of the final rule entitled ``Food Labeling: Revision of the
Nutrition and Supplement Facts Labels'', published in the Federal
Register by the Food and Drug Administration on May 27, 2016 (81 Fed.
Reg. 33742), (providing for updates to the nutrition facts panel on the
labeling of packaged food) has on consumer perception regarding the
``added sugar'' statement required to be included on such panel by such
final rule with respect to packaged food in which no sugar is added
during processing, including pure honey and maple syrup.
TITLE X--CROP INSURANCE
SEC. 10001. TREATMENT OF FORAGE AND GRAZING.
(a) Availability of Catastrophic Risk Protection for Crops and
Grasses Used for Grazing.--Section 508(b)(1) of the Federal Crop
Insurance Act (7 U.S.C. 1508(b)(1)) is amended--
(1) by striking ``(A) In general.--Except as provided in
subparagraph (B), the'' and inserting ``The''; and
(2) by striking subparagraph (B).
(b) Limitation on Multiple Benefits for Same Loss.--Section
508(n)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(n)(2)) is
amended by inserting before the period the following: ``or to coverage
described in section 508D''.
(c) Coverage for Forage and Grazing.--The Federal Crop Insurance
Act is amended by inserting after section 508C (7 U.S.C. 1508C) the
following new section:
``SEC. 508D. COVERAGE FOR FORAGE AND GRAZING.
``Notwithstanding section 508A, and in addition to any other
available coverage, for crops that can be both grazed and mechanically
harvested on the same acres during the same growing season, producers
shall be allowed to purchase, and be independently indemnified on,
separate policies for each intended use, as determined by the
Corporation.''.
SEC. 10002. ADMINISTRATIVE BASIC FEE.
Section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(5)(A)) is amended by striking ``$300'' and inserting ``$500''.
SEC. 10003. PREVENTION OF DUPLICATIVE COVERAGE.
(a) In General.--Section 508(c)(1) of the Federal Crop Insurance
Act (7 U.S.C. 1508(c)(1)) is amended by adding at the end the following
new subparagraph:
``(C) Ineligible crops and acres.--Crops for which
the producer has elected under section 1117 of the
Agriculture and Nutrition Act of 2018 to receive
agriculture risk coverage and acres that are enrolled
in the stacked income protection plan under section
508B shall not be eligible for--
``(i) coverage based on an area yield and
loss basis under paragraph (3)(A)(ii); or
``(ii) supplemental coverage under
paragraph (4)(C).''.
(b) Conforming Amendments.--Section 508(c)(4)(C) of the Federal
Crop Insurance Act (7 U.S.C. 1508(c)(4)(C)) is amended--
(1) by striking clause (iv); and
(2) by redesignating clause (v) as clause (iv).
SEC. 10004. REPEAL OF UNUSED AUTHORITY.
(a) In General.--Section 508(d) of the Federal Crop Insurance Act
(7 U.S.C. 1508(d)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(b) Conforming Amendments.--Section 508(a)(9)(B) of the Federal
Crop Insurance Act (7 U.S.C. 1508(a)(9)(B)) is amended--
(1) in clause (i), by inserting ``or'' after the semicolon;
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
SEC. 10005. CONTINUED AUTHORITY.
Section 508(g) of the Federal Crop Insurance Act (7 U.S.C. 1508(g))
is amended by adding at the end the following new paragraph:
``(6) Continued authority.--
``(A) In general.--The Corporation shall
establish--
``(i) underwriting rules that limit the
decrease in the actual production history of a
producer, at the election of the producer, to
not more than 10 percent of the actual
production history of the previous crop year
provided that the production decline was the
result of drought, flood, natural disaster, or
other insurable loss (as determined by the
Corporation); and
``(ii) actuarially sound premiums to cover
additional risk.
``(B) Other authority.--The authority provided
under subparagraph (A) is in addition to any other
authority that adjusts the actual production history of
the producer under this Act.
``(C) Effect.--Nothing in this paragraph shall be
construed to require a change in the carrying out of
any provision of this Act as the Act was carried out
for the 2018 reinsurance year.''.
SEC. 10006. PROGRAM ADMINISTRATION.
Section 516(b)(2)(C)(i) of the Federal Crop Insurance Act (7 U.S.C.
1516(b)(2)(C)(i)) is amended by striking ``$9,000,000'' and inserting
``$7,000,000''.
SEC. 10007. MAINTENANCE OF POLICIES.
(a) Section 522(b) of the Federal Crop Insurance Act (7 U.S.C.
1522(b)) is amended--
(1) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) Reimbursement.--
``(i) In general.--An applicant who submits
a policy under section 508(h) shall be eligible
for the reimbursement of reasonable and actual
research and development costs directly related
to the policy if the policy is approved by the
Board for sale to producers.
``(ii) Reasonable costs.--For the purpose
of reimbursing research and development and
maintenance costs under this section, costs of
the applicant shall be considered reasonable
and actual costs if the costs are based on--
``(I) wage rates equal to 2 times
the hourly wage rate plus benefits, as
provided by the Bureau of Labor
Statistics for the year in which such
costs are incurred, calculated using
the formula applied to an applicant by
the Corporation in reviewing proposed
project budgets under this section on
October 1, 2016; or
``(II) actual documented costs
incurred by the applicant.''; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``approved
insurance provider'' and inserting ``applicant''; and
(B) in subparagraph (D)--
(i) in clause (i), by striking ``determined
by the approved insurance provider'' and
inserting ``determined by the applicant'';
(ii) by striking clause (ii) and inserting
the following new clauses:
``(ii) Approval.--Subject to clause (iii),
the Board shall approve the amount of a fee
determined under clause (i) unless the Board
determines, based on substantial evidence in
the record, that the amount of the fee
unnecessarily inhibits the use of the policy.
``(iii) Consideration.--The Board shall not
disapprove a fee on the basis of--
``(I) a comparison to maintenance
fees paid with respect to the policy;
or
``(II) the potential for the fee to
result in a financial gain or loss to
the applicant based on the number of
policies sold.''.
(b) Applicability.--
(1) In general.--The amendments made by this section shall
apply to reimbursement requests made on or after October 1,
2016.
(2) Resubmission of denied request.--An applicant that was
denied all or a portion of a reimbursement request under
paragraph (1) of section 522(b) of the Federal Crop Insurance
Act (7 U.S.C. 1522(b)) during the period between October 1,
2016 and the date of the enactment of this Act shall be given
an opportunity to resubmit such request.
SEC. 10008. RESEARCH AND DEVELOPMENT PRIORITIES.
(a) Repeal of Certain Research and Development Activities.--Section
522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is
amended--
(1) by striking paragraphs (7) through (18);
(2) by striking paragraphs (20) through (23); and
(3) by redesignating paragraphs (19) and (24) as paragraphs
(7) and (8), respectively.
(b) Whole Farm Application to Beginning Farmers and Ranchers.--
Paragraph (7) of section 522(c) of the Federal Crop Insurance Act (7
U.S.C. 1522(c)), as redesignated by subsection (a), is amended by
adding at the end the following new subparagraph:
``(E) Beginning farmer or rancher defined.--Notwithstanding
section 502(b)(3), with respect to plans described under this
paragraph, the term `beginning farmer or rancher' means a
farmer or rancher who has not actively operated and managed a
farm or ranch with a bona fide insurable interest in a crop or
livestock as an owner-operator, landlord, tenant, or
sharecropper for more than 10 crop years.''.
(c) Research and Development Priorities.--Section 522(c) of the
Federal Crop Insurance Act (7 U.S.C. 1522(c)) as amended by subsection
(a), is further amended by adding at the end the following new
paragraphs:
``(9) Tropical storm or hurricane insurance.--
``(A) In general.--The Corporation shall offer to
enter into 1 or more contracts with qualified entities
to carry out research and development regarding a
policy to insure crops, including tomatoes, peppers,
and citrus, against losses due to a tropical storm or
hurricane.
``(B) Research and development.--Research and
development with respect to the policy required under
subparagraph (A) shall--
``(i) evaluate the effectiveness of a risk
management tool for a low frequency,
catastrophic loss weather event; and
``(ii) provide protection for production or
revenue losses, or both.
``(10) Subsurface irrigation practices.--The Corporation
shall offer to enter into a contract with a qualified entity to
conduct research and development regarding the creation of a
separate practice for subsurface irrigation, including the
establishment of a separate transitional yield within the
county that is reflective of the average gain in productivity
and yield associated with the installation of a subsurface
irrigation system.
``(11) Study and report on grain sorghum rates and
yields.--
``(A) Study.--The Corporation shall contract with a
qualified entity to conduct a study to assess the
difference in rates, average yields, and coverage
levels of grain sorghum policies as compared to other
feed grains within a county.
``(B) Report.--Not later than 1 year after the date
of enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results of the study conducted under
subparagraph (A).
``(12) Quality losses.--
``(A) In general.--The Corporation shall offer to
enter into a contract with a qualified entity to
conduct research and development regarding the
establishment of an alternative method of adjusting for
quality losses that does not impact the average
production history of producers.
``(B) Requirements.--Notwithstanding subsections
(g) and (m) of section 508, if the Corporation uses any
method developed as a result of the contract described
in subparagraph (A) to adjust for quality losses, such
method shall be--
``(i) optional for producers to elect to
use; and
``(ii) offered at an actuarially sound
premium rate.''.
SEC. 10009. EXTENSION OF FUNDING FOR RESEARCH AND DEVELOPMENT.
Section 522 of the Federal Crop Insurance Act (7 U.S.C. 1522) is
amended--
(1) by striking subsection (d);
(2) in subsection (e)(2)(A)--
(A) by striking ``under subsections (c) and (d)''
and inserting ``under subsection (c)'' ; and
(B) by striking ``not more than $12,500,000 for
fiscal year 2008 and each subsequent fiscal year.'' and
inserting the following: ``not more than--
``(i) $12,500,000 for fiscal year 2008
through 2018; and''; and
(C) by adding at the end the following:
``(ii) $8,000,000 for fiscal year 2019 and
each fiscal year thereafter.''; and
(3) by redesignating subsection (e), as so amended, as
subsection (d).
SEC. 10010. EDUCATION AND RISK MANAGEMENT ASSISTANCE.
Section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524) is
amended to read as follows:
``SEC. 524. EDUCATION AND RISK MANAGEMENT ASSISTANCE.
``(a) Education Assistance.--Subject to the amounts made available
under subsection (d), the Secretary, acting through the National
Institute of Food and Agriculture, shall carry out the program
established under subsection (b).
``(b) Partnerships for Risk Management Education.--
``(1) Authority.--The Secretary, acting through the
National Institute of Food and Agriculture, shall establish a
program under which competitive grants are made to qualified
public and private entities (including land-grant colleges,
cooperative extension services, and colleges or universities),
as determined by the Secretary, for the purpose of educating
agricultural producers about the full range of risk management
activities, including futures, options, agricultural trade
options, crop insurance, cash forward contracting, debt
reduction, production diversification, farm resources risk
reduction, farm financial benchmarking, and other risk
management strategies.
``(2) Basis for grants.--A grant under this subsection
shall be awarded on the basis of merit and shall be subject to
peer or merit review.
``(3) Obligation period.--Funds for a grant under this
subsection shall be available to the Secretary for obligation
for a 2-year period.
``(4) Administrative costs.--The Secretary may use not more
than 4 percent of the funds made available for grants under
this subsection for administrative costs incurred by the
Secretary in carrying out this subsection.
``(c) Requirements.--In carrying out the program established under
subsection (b), the Secretary shall place special emphasis on risk
management strategies (including farm financial benchmarking),
education, and outreach specifically targeted at--
``(1) beginning farmers or ranchers;
``(2) legal immigrant farmers or ranchers that are
attempting to become established producers in the United
States;
``(3) socially disadvantaged farmers or ranchers; and
``(4) farmers or ranchers that--
``(A) are preparing to retire;
``(B) are using transition strategies to help new
farmers or ranchers get started; and
``(C) new or established farmers or ranchers that
are converting production and marketing systems to
pursue new markets.
``(d) Funding.--From the insurance fund established under section
516(c), there is transferred for the partnerships for risk management
education program established under subsection (b) $5,000,000 for
fiscal year 2018 and each subsequent fiscal year.''.
TITLE XI--MISCELLANEOUS
Subtitle A--Livestock
SEC. 11101. ANIMAL DISEASE PREPAREDNESS AND RESPONSE.
(a) National Animal Disease Preparedness and Response Program.--The
Animal Health Protection Act is amended by inserting after section
10409A (7 U.S.C. 8308A) the following new section:
``SEC. 10409B. NATIONAL ANIMAL DISEASE PREPAREDNESS AND RESPONSE
PROGRAM.
``(a) Program Required.--The Secretary shall establish a program,
to be known as the `National Animal Disease Preparedness and Response
Program', to address the increasing risk of the introduction and spread
of animal pests and diseases affecting the economic interests of the
livestock and related industries of the United States, including the
maintenance and expansion of export markets.
``(b) Eligible Entities.--To carry out the National Animal Disease
Preparedness and Response Program, the Secretary shall offer to enter
into cooperative agreements, or other legal instruments, with eligible
entities, to be selected by the Secretary, which may include any of the
following entities, either individually or in combination:
``(1) A State department of agriculture.
``(2) The office of the chief animal health official of a
State.
``(3) A land-grant college or university or NLGCA
Institution (as those terms are defined in section 1404 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103)).
``(4) A college of veterinary medicine, including a
veterinary emergency team at such college.
``(5) A State or national livestock producer organization
with direct and significant economic interest in livestock
production.
``(6) A State emergency agency.
``(7) A State, national, allied, or regional veterinary
organization or specialty board recognized by the American
Veterinary Medical Association.
``(8) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)).
``(9) A Federal agency.
``(c) Activities.--
``(1) Program activities.--Activities under the National
Animal Disease Preparedness and Response Program shall include,
to the extent practicable, the following:
``(A) Enhancing animal pest and disease analysis
and surveillance.
``(B) Expanding outreach and education.
``(C) Targeting domestic inspection activities at
vulnerable points in the safeguarding continuum.
``(D) Enhancing and strengthening threat
identification and technology.
``(E) Improving biosecurity.
``(F) Enhancing emergency preparedness and response
capabilities, including training additional emergency
response personnel.
``(G) Conducting technology development and
enhancing electronic sharing of animal health data for
risk analysis between State and Federal animal health
officials.
``(H) Enhancing the development and effectiveness
of animal health technologies to treat and prevent
animal disease, including--
``(i) veterinary biologics and diagnostics;
``(ii) animal drugs for minor use and minor
species; and
``(iii) animal medical devices.
``(I) Such other activities as determined
appropriate by the Secretary, in consultation with
eligible entities specified in subsection (b).
``(2) Priorities.--In entering into cooperative agreements
or other legal instruments under subsection (b), the Secretary
shall give priority to applications submitted by--
``(A) a State department of agriculture or an
office of the chief animal health official of a State;
or
``(B) an eligible entity that will carry out
program activities in a State or region--
``(i) in which an animal pest or disease is
a Federal concern; or
``(ii) which the Secretary determines has
potential for the spread of an animal pest or
disease after taking into consideration--
``(I) the agricultural industries
in the State or region;
``(II) factors contributing to
animal disease or pest in the State or
region, such as the climate, natural
resources, and geography of, and native
and exotic wildlife species and other
disease vectors in, the State or
region; and
``(III) the movement of animals in
the State or region.
``(3) Consultation.--For purposes of setting priorities
under this subsection, the Secretary shall consult with
eligible entities specified in subsection (b). The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to
consultation carried out under this paragraph.
``(d) Application.--
``(1) In general.--An eligible entity specified in
subsection (b) seeking to enter into a cooperative agreement,
or other legal instrument, under the National Animal Disease
Preparedness and Response Program shall submit to the Secretary
an application containing such information as the Secretary may
require.
``(2) Notification.--The Secretary shall notify each
applicant of--
``(A) the requirements to be imposed on the
recipient of funds under the Program for auditing of,
and reporting on, the use of such funds; and
``(B) the criteria to be used to ensure activities
supported using such funds are based on sound
scientific data or thorough risk assessments.
``(3) Non-federal contributions.--When deciding whether to
enter into an agreement or other legal instrument under the
Program with an eligible entity described in subsection (b),
the Secretary--
``(A) may take into consideration an eligible
entity's ability to contribute non-Federal funds to
carry out such a cooperative agreement or other legal
instrument under the Program; and
``(B) shall not require such an entity to make such
a contribution.
``(e) Use of Funds.--
``(1) Use consistent with terms of cooperative agreement.--
The recipient of funds under the National Animal Disease
Preparedness and Response Program shall use the funds for the
purposes and in the manner provided in the cooperative
agreement, or other legal instrument, under which the funds are
provided.
``(2) Sub-agreement.--Nothing in this section prevents an
eligible entity from using funds received under the Program to
enter into sub-agreements with political subdivisions of State
that have legal responsibilities relating to animal disease
prevention, surveillance, or rapid response.
``(f) Reporting Requirement.--Not later than 90 days after the date
of completion of an activity conducted using funds provided under the
National Animal Disease Preparedness and Response Program, the
recipient of such funds shall submit to the Secretary a report that
describes the purposes and results of the activities.''.
(b) National Animal Health Vaccine Bank.--The Animal Health
Protection Act (7 U.S.C. 8301 et seq.) is amended by inserting after
section 10409B, as added by subsection (a), the following new section:
``SEC. 10409C. NATIONAL ANIMAL HEALTH VACCINE BANK.
``(a) Establishment.--The Secretary shall establish a national
vaccine bank (to be known as the `National Animal Health Vaccine Bank')
for the benefit of the domestic interests of the United States and to
help protect the United States agriculture and food system against
terrorist attack, major disaster, and other emergencies.
``(b) Elements of Vaccine Bank.--Through the National Animal Health
Vaccine Bank, the Secretary shall--
``(1) maintain sufficient quantities of animal vaccine,
antiviral, therapeutic, or diagnostic products to appropriately
and rapidly respond to an outbreak of those animal diseases
that would have the most damaging effect on human health or the
United States economy; and
``(2) leverage, when appropriate, the mechanisms and
infrastructure that have been developed for the management,
storage, and distribution of the National Veterinary Stockpile
of the Animal and Plant Health Inspection Service.
``(c) Priority for Response to Foot and Mouth Disease.--The
Secretary shall prioritize the acquisition of sufficient quantities of
foot and mouth disease vaccine, and accompanying diagnostic products,
for the National Animal Health Vaccine Bank. As part of such
prioritization, the Secretary shall consider contracting with one or
more entities that are capable of producing foot and mouth disease
vaccine and that have surge production capacity of the vaccine.''.
(c) Funding.--
(1) In general.--Section 10417 of the Animal Health
Protection Act (7 U.S.C. 8316) is amended by adding at the end
the following new subsection:
``(d) Availability of Funds for Specified Purposes.--
``(1) Mandatory funding.--
``(A) Fiscal year 2019.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available for fiscal year 2019 $250,000,000 to carry
out sections 10409A, 10409B, and 10409C, of which--
``(i) $30,000,000 shall be made available
to carry out the National Animal Health
Laboratory Network under section 10409A;
``(ii) $70,000,000 shall be made available
to carry out the National Animal Disease
Preparedness and Response Program under section
10409B; and
``(iii) $150,000,000 shall be made
available to establish and maintain the
National Animal Health Vaccine Bank under
section 10409C.
``(B) Subsequent fiscal years.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out sections 10409A, 10409B, and
10409C, $50,000,000 for each of fiscal years 2020
through 2023, of which not less than $30,000,000 shall
be made available for each of those fiscal years to
carry out the National Animal Disease Preparedness and
Response Program under section 10409B.
``(2) Additional authorization of appropriations.--In
addition to the funds made available under subparagraphs (A)(i)
and (B) of paragraph (1) and funds authorized to be
appropriated by subsection (a), there are authorized to be
appropriated $15,000,000 for each of fiscal years 2019 through
2023 to carry out the National Animal Health Laboratory Network
under section 10409A.
``(3) Administrative costs.--Of the funds made available
under subparagraphs (A)(i), (A)(ii), and (B) of paragraph (1)
to carry out the National Animal Health Laboratory Network
under section 10409A and the National Animal Disease
Preparedness and Response Program under section 10409B, not
more than 4 percent may be retained by the Secretary to pay
administrative costs incurred by the Secretary. Of the funds
made available under subparagraphs (A)(ii) and (B) of such
paragraph to carry out the National Animal Disease Preparedness
and Response Program under section 10409B, not more than 10
percent may be retained by an eligible entity to pay
administrative costs incurred by the eligible entity to carry
out such program.
``(4) Duration of availability.--Funds made available under
this subsection, including any proceeds credited under
paragraph (5), shall remain available until expended.
``(5) Proceeds from vaccine sales.--Any proceeds of a sale
of vaccine or antigen from the National Animal Health Vaccine
Bank shall be--
``(A) deposited into the Treasury of the United
States; and
``(B) credited to the account for the operation of
the National Animal Health Vaccine Bank to be made
available for expenditure without further
appropriation.
``(6) Limitations on use of funds for certain purposes.--
Funds made available under the National Animal Health
Laboratory Network, the National Animal Disease Preparedness
and Response Program, and the National Animal Health Vaccine
Bank shall not be used for the construction of a new building
or facility or the acquisition or expansion of an existing
building or facility, including site grading and improvement
and architect fees.''.
(2) Conforming amendments.--
(A) Section heading.--The heading of section 10417
of the Animal Health Protection Act (7 U.S.C. 8316) is
amended to read as follows:
``SEC. 10417. FUNDING.''.
(B) Other amendments.--Section 10417 of the Animal
Health Protection Act (7 U.S.C. 8316) is further
amended--
(i) in subsection (a), by striking ``In
General'' and inserting ``General Authorization
of Appropriations''; and
(ii) in subsection (c), by striking ``to
carry out this subtitle'' and inserting
``pursuant to the authorization of
appropriations in subsection (a)''.
(3) Repeal of separate authorization of national animal
health laboratory network.--Section 10409A of the Animal Health
Protection Act (7 U.S.C. 8308A(d)) is amended by striking
subsection (d).
SEC. 11102. NATIONAL AQUATIC ANIMAL HEALTH PLAN.
Section 11013(d) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8322(d)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 11103. VETERINARY TRAINING.
Section 10504 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8318) is amended--
(1) by inserting ``and veterinary teams, including those
based at colleges of veterinary medicine,'' after
``veterinarians''; and
(2) by inserting before the period at the end the
following: ``and who are capable of providing effective
services before, during, and after emergencies''.
SEC. 11104. REPORT ON FSIS GUIDANCE AND OUTREACH TO SMALL MEAT
PROCESSORS.
Not later than one year after the date of the enactment of this
Act, the Inspector General of the Department of Agriculture shall
submit to the Secretary a report on the effectiveness of existing Food
Safety and Inspection Service guidance materials and other tools used
by small and very small establishments, as defined by regulations
issued by the Food Safety and Inspection Service, as in effect on such
date of enactment, including--
(1) an evaluation of the effectiveness of the outreach
conducted by the Food Safety and Inspection Service to small
and very small establishments;
(2) an evaluation of the effectiveness of the guidance
materials and other tools used by the Food Safety and
Inspection Service to assist small and very small
establishments;
(3) an evaluation of the responsiveness of Food Safety and
Inspection Service personnel to inquiries and issues from small
and very small establishments; and
(4) recommendations on measures the Food Safety and
Inspection Service should take to improve regulatory clarity
and consistency and ensure all guidance materials and other
tools take into account small and very small establishments.
SEC. 11105. REGIONAL CATTLE AND CARCASS GRADING CORRELATION AND
TRAINING CENTERS.
(a) In General.--The Secretary shall establish not more than three
regional centers, to be known as ``Cattle and Carcass Grading
Correlation and Training Centers'' (referred to in this section as the
``Centers''), to provide education and training for cattle and carcass
beef graders of the Agricultural Marketing Service, cattle producers,
and other professionals involved in the reporting, delivery, and
grading of feeder cattle, live cattle, and carcasses--
(1) to limit the subjectivity in the application of beef
grading standards;
(2) to provide producers with greater confidence in the
price of the producers' cattle; and
(3) to provide investors with both long and short positions
more assurance in the cattle delivery system.
(b) Location.--The Centers shall be located near cattle feeding and
slaughter populations and areas shall be strategically identified in
order to capture regional variances in cattle production.
(c) Administration.--Each Center shall be organized and
administered by offices of the Department of Agriculture in operation
on the date on which the respective Center is established, or in
coordination with other appropriate Federal agencies or academic
institutions.
(d) Training Program.--The Centers shall offer intensive
instructional programs involving classroom and field training work for
individuals described in subsection (a).
(e) Coordination of Resources.--Each Center, in carrying out the
functions of the Center, shall make use of information generated by the
Department of Agriculture, the State agricultural extension and
research stations, relevant designated contract markets, and the
practical experience of area cattle producers, especially cattle
producers cooperating in on-farm demonstrations, correlations, and
research projects.
(f) Prohibition on Construction.--Funds made available to carry out
this section shall not be used for the construction of a new building
or facility or the acquisition, expansion, remodeling, or alteration of
an existing building or facility (including site grading and
improvement, and architect fees). Notwithstanding the preceding
sentence, the Secretary may use funds made available to carry out this
section to provide a Center with payment for the cost of the rental of
a space determined to be necessary by the Center for conducting
training under this section and may accept donations (including in-kind
contributions) to cover such cost.
(g) Effective Date.--This section shall take effect on October 1,
2018.
Subtitle B--Beginning, Socially Disadvantaged, and Veteran Producers
SEC. 11201. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS
AND RANCHERS AND VETERAN FARMERS AND RANCHERS.
Section 2501(a)(4) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279(a)(4)) is amended--
(1) in subparagraph (A)--
(A) in the heading, by striking ``2018'' and
inserting ``2023''; and
(B) in clause (iii), by striking ``2018'' and
inserting ``2023'';
(2) by redesignating subparagraph (E) as subparagraph (F);
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) Priority.--In making grants and entering into
contracts and other agreements under this section, the
Secretary shall give priority to projects that--
``(i) deliver agricultural education to
youth under the age of 18 in underserved and
underrepresented communities;
``(ii) provide youth under the age of 18
with agricultural employment or volunteer
opportunities, or both; and
``(iii) demonstrate experience in providing
such education or opportunities to socially
disadvantaged youth.''; and
(4) in subparagraph (F), as so redesignated, by striking
``2018'' and inserting ``2023''.
SEC. 11202. STATE BEGINNING FARMER AND RANCHER COORDINATOR.
Section 226 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6934) is amended by adding at the end the following new
subsection:
``(i) State Beginning Farmer and Rancher Coordinator.--
``(1) In general.--The Secretary shall designate a State
beginning farmer and rancher coordinator from among existing
employees of the Farm Service Agency, the Natural Resources
Conservation Service, the Risk Management Agency, the Rural
Business-Cooperative Service, and the Rural Utilities Service.
``(2) Training.--The Agency shall coordinate the
development of a training plan so that each State coordinator
shall receive sufficient training to have a general working
knowledge of the programs and services available from each
agency of the Department to assist beginning farmers and
ranchers and be familiar with issues relating to beginning
farmers and ranchers.
``(3) Duties.--The coordinator shall--
``(A) coordinate technical assistance at the State
level to help beginning farmers and ranchers gain
access to programs of the Department;
``(B) work with outreach coordinators in the State
offices of the Farm Service Agency, the Natural
Resources Conservation Service, the Risk Management
Agency, the Rural Business-Cooperative Service, and the
Rural Utilities Service to ensure appropriate
information about technical assistance is available at
outreach events and activities; and
``(C) work with the Office of Partnerships and
Public Engagement and regional, state, and local
offices of the Department to facilitate partnerships
and joint outreach efforts with State regional, state,
and local organizations and key stakeholders serving
beginning farmers and ranchers through contracts and
cooperative agreements.''.
SEC. 11203. OFFICE OF PARTNERSHIPS AND PUBLIC ENGAGEMENT.
(a) Changing Name of Office.--
(1) In general.--Section 226B of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is
amended--
(A) in the section heading, by striking ``advocacy
and outreach'' and inserting ``partnerships and public
engagement'';
(B) by striking ``Advocacy and Outreach'' each
place it appears in subsections (a)(2), (b)(1), and
(d)(4)(B) and inserting ``Partnerships and Public
Engagement'';
(2) References.--Beginning on the date of the enactment of
this Act, any reference to the Office of Advocacy and Outreach
established under section 226B of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934) in any other
provision of Federal law shall be deemed to be a reference to
the Office of Partnerships and Public Engagement.
(b) Increasing Outreach.--Section 226B of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), as amended by
subsection (a), is further amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clauses:
``(iv) limited resource producers;
``(v) veteran farmers and ranchers; and
``(vi) Tribal farmers and ranchers; and'';
and
(C) by adding at the end the following new
subparagraph:
``(C) to promote youth outreach.''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``veteran farmers and ranchers, Tribal
farmers and ranchers,'' after ``beginning farmers or
ranchers,'';
(B) in paragraph (1), by striking ``or socially
disadvantaged'' and inserting ``socially disadvantaged,
veteran, or Tribal''; and
(C) in paragraph (5), by inserting ``veteran
farmers or ranchers, Tribal farmers or ranchers,''
after ``beginning farmers or ranchers,''.
(c) Authorization of Appropriations.--Section 226B(f)(3)(B) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6934(f)(3)(B)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 11204. OFFICE OF TRIBAL RELATIONS.
Section 309 of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6921) is amended to
read as follows:
``SEC. 309. OFFICE OF TRIBAL RELATIONS.
``(a) Establishment.--The Secretary shall maintain in the Office of
Partnerships and Public Engagement established under section 226B an
Office of Tribal Relations, which shall advise the Secretary on
policies related to Indian tribes and carry out such other functions as
the Secretary considers appropriate.
``(b) New Beginnings Initiative.--Not later than one year after the
date of the enactment of the Agriculture and Nutrition Act of 2018, the
Secretary shall establish, in consultation with the Office of Tribal
Relations, an initiative (to be known as the `New Beginnings
Initiative') under which the Secretary shall provide funds to a land-
grant college or university in an amount equal to the amount of funds
such land-grant college or university expends for providing educational
programs and services for, or tuition paid with respect to, Indians (as
defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)) at such land-grant college or
university.''.
SEC. 11205. COMMISSION ON FARM TRANSITIONS--NEEDS FOR 2050.
(a) Establishment.--There is established a commission to be known
as the ``Commission on Farm Transitions-Needs for 2050'' (referred to
in this section as the ``Commission'').
(b) Study.--The Commission shall conduct a study on issues
impacting the transition of agricultural operations from established
farmers and ranchers to the next generation of farmers and ranchers,
including--
(1) access to, and availability of--
(A) quality land and necessary infrastructure;
(B) affordable credit; and
(C) adequate risk management tools;
(2) agricultural asset transfer strategies in use as of the
date of the enactment of this Act and improvements to such
strategies;
(3) incentives that may facilitate agricultural asset
transfers to the next generation of farmers and ranchers,
including recommendations for new Federal tax policies to
facilitate lifetime and estate transfers;
(4) the causes of the failures of such transitions, if any;
and
(5) the status of programs and incentives providing
assistance with respect to such transitions in effect on the
date of the enactment of this Act, and opportunities for the
revision or modernization of such programs.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 10
members as follows:
(A) 3 members appointed by the Secretary.
(B) 3 members appointed by the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
(C) 3 members appointed by the Committee on
Agriculture of the House of Representatives.
(D) The Chief Economist of the Department of
Agriculture.
(2) Federal government employment.--In addition to the
Chief Economist of the Department of Agriculture, the
membership of the Commission may include 1 or more employees of
the Department of Agriculture or other Federal agencies.
(3) Date of appointments.--The appointment of a member of
the Commission shall be made not later than 60 days after the
date of enactment of this Act.
(4) Term; vacancies.--
(A) Term.--A member shall be appointed for the life
of the Commission.
(B) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment was made.
(5) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(d) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business, but a lesser
number of members may hold hearings.
(e) Chairperson.--The Secretary shall appoint 1 of the members of
the Commission to serve as Chairperson of the Commission.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the President, the Committee
on Agriculture of the House of Representatives, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report containing
the results of the study required by subsection (b), including such
recommendations as the Commission considers appropriate.
(g) Hearings.--The Commission may hold such hearings, meet and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this
section.
(h) Information From Federal Agencies.--The Commission may secure
directly from a Federal agency such information as the Commission
considers necessary to carry out this section. On request of the
Chairperson of the Commission, the head of the agency shall provide the
information to the Commission.
(i) Postal Services.--The Commission may use the United States mail
in the same manner and under the same conditions as other agencies of
the Federal Government.
(j) Assistance From Secretary.--The Secretary may provide to the
Commission appropriate office space and such reasonable administrative
and support services as the Commission may request.
(k) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(3) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(l) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Commission or any proceeding
of the Commission.
SEC. 11206. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.
Subtitle A of the Department of Agriculture Reorganization Act of
1994 is amended by inserting after section 220 (7 U.S.C. 6920) the
following new section:
``SEC. 221. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.
``(a) Authorization.--The Secretary shall establish in the
Department the position of Agricultural Youth Organization Coordinator.
``(b) Duties.--The Agricultural Youth Organization Coordinator
shall--
``(1) promote the role of youth-serving organizations and
school-based agricultural education in motivating and preparing
young people to pursue careers in the agriculture, food, and
natural resources systems;
``(2) work to help build awareness of the reach and
importance of agriculture, across a diversity of fields and
disciplines;
``(3) identify short-term and long-term interests of the
Department and provide opportunities, resources, input, and
coordination with programs and agencies of the Department to
youth-serving organizations and school-based agricultural
education, including the development of internship
opportunities;
``(4) share, internally and externally, the extent to which
active steps are being taken to encourage collaboration with,
and support of, youth-serving organizations and school-based
agricultural education;
``(5) provide information to young farmers concerning the
availability of, and eligibility requirements for,
participation in agricultural programs, with particular
emphasis on beginning farmer and rancher programs;
``(6) serve as a resource for assisting young farmers in
applying for participation in agricultural programs; and
``(7) advocate on behalf of young farmers in interactions
with employees of the Department.
``(c) Contracts and Cooperative Agreements.--For purposes of
carrying out the duties under subsection (b), the Agricultural Youth
Organization Coordinator shall consult with the cooperative extension
and the land-grant university systems, and may enter into contracts or
cooperative agreements with the research centers of the Agricultural
Research Service, cooperative extension and the land-grant university
systems, non-land-grant colleges of agriculture, or nonprofit
organizations for--
``(1) the conduct of regional research on the profitability
of small farms;
``(2) the development of educational materials;
``(3) the conduct of workshops, courses, and certified
vocational training;
``(4) the conduct of mentoring activities; or
``(5) the provision of internship opportunities.''.
Subtitle C--Textiles
SEC. 11301. REPEAL OF PIMA AGRICULTURE COTTON TRUST FUND.
Effective December 31, 2018, the Agricultural Act of 2014 (7 U.S.C.
2101 note; Public Law 113-79) is amended by striking section 12314 (and
by conforming the items relating to such section in the table of
sections accordingly).
SEC. 11302. REPEAL OF AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST
FUND.
Effective December 31, 2018, the Agricultural Act of 2014 (7 U.S.C.
2101 note; Public Law 113-79) is amended by striking section 12315 (and
by conforming the items relating to such section in the table of
sections accordingly).
SEC. 11303. REPEAL OF WOOL RESEARCH AND PROMOTION GRANTS FUNDING.
Effective December 31, 2018, the Agricultural Act of 2014 (7 U.S.C.
2101 note; Public Law 113-79) is amended by striking section 12316 (and
by conforming the items relating to such section in the table of
sections accordingly).
SEC. 11304. TEXTILE TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund, to be known as the ``Textile Trust Fund'',
consisting of such amounts as may be transferred to the Textile Trust
Fund pursuant to subsection (e), and to be used for the purposes of--
(1) reducing the injury to domestic manufacturers resulting
from tariffs on cotton fabric that are higher than tariffs on
certain apparel articles made of cotton fabric;
(2) reducing the injury to domestic manufacturers resulting
from tariffs on wool products that are higher than tariffs on
certain apparel articles made of wool products; and
(3) wool research and promotion.
(b) Distribution of Funds.--From amounts in the Textile Trust Fund,
the Secretary shall make payments annually, beginning in calendar year
2019, for each of calendar years 2019 through 2023 as follows:
(1) Pima cotton.--From amounts specified in subsection
(e)(2)(A), the Secretary shall make payments as follows:
(A) Twenty-five percent of such amounts for a
calendar year shall be paid to one or more nationally
recognized associations established for the promotion
of pima cotton for use in textile and apparel goods.
(B) Twenty-five percent of such amounts for a
calendar year shall be paid to yarn spinners of pima
cotton that produce ring spun cotton yarns in the
United States, to be allocated to each spinner in an
amount that bears the same ratio as--
(i) the spinner's production of ring spun
cotton yarns, measuring less than 83.33 decitex
(exceeding 120 metric number) from pima cotton
in single and plied form during the previous
calendar year (as evidenced by an affidavit
provided by the spinner that meets the
requirements of subsection (c)(1)); bears to
(ii) the production of the yarns described
in clause (i) during the previous calendar year
for all spinners who qualify under this
subparagraph.
(C) Fifty percent of such amounts for a calendar
year shall be paid to manufacturers who cut and sew
cotton shirts in the United States who certify that
they used imported cotton fabric during the previous
calendar year, to be allocated to each such
manufacturer in an amount that bears the same ratio
as--
(i) the dollar value (excluding duty,
shipping, and related costs) of imported woven
cotton shirting fabric of 80s or higher count
and 2-ply in warp purchased by the manufacturer
during the previous calendar year (as evidenced
by an affidavit provided by the manufacturer
that meets the requirements of subsection
(c)(2)) used in the manufacturing of men's and
boys' cotton shirts; bears to
(ii) the dollar value (excluding duty,
shipping, and related costs) of the fabric
described in clause (i) purchased during the
previous calendar year by all manufacturers who
qualify under this subparagraph.
(2) Wool manufacturers.--From amounts specified in
subsection (e)(2)(B), the Secretary shall make payments as
follows:
(A) To each eligible manufacturer under paragraph
(3) of section 4002(c) of the Wool Suit and Textile
Trade Extension Act of 2004 (Public Law 108-429; 118
Stat. 2600), as amended by section 1633(c) of the
Miscellaneous Trade and Technical Corrections Act of
2006 (Public Law 109-280; 120 Stat. 1166) and section
325(b) of the Tax Extenders and Alternative Minimum Tax
Relief Act of 2008 (division C of Public Law 110-343;
122 Stat. 3875), and any successor-in-interest to such
a manufacturer as provided for under paragraph (4) of
such section 4002(c), that submits an affidavit in
accordance with subsection (c)(3) for the year of the
payment for calendar years 2019 through 2023, payments
in amounts authorized under that paragraph.
(B) To each eligible manufacturer under paragraph
(6) of such section 4002(c) for calendar years 2019
through 2023, payments in amounts authorized under that
paragraph.
(c) Affidavits.--
(1) Yarn spinners.--The affidavit required by subsection
(b)(1)(B)(i) for a calendar year is a notarized affidavit
provided by an officer of a producer of ring spun yarns that
affirms--
(A) that the producer used pima cotton during the
year in which the affidavit is filed and during the
previous calendar year to produce ring spun cotton
yarns in the United States, measuring less than 83.33
decitex (exceeding 120 metric number), in single and
plied form;
(B) the quantity, measured in pounds, of ring spun
cotton yarns, measuring less than 83.33 decitex
(exceeding 120 metric number), in single and plied form
during the previous calendar year; and
(C) that the producer maintains supporting
documentation showing the quantity of such yarns
produced, and evidencing the yarns as ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120
metric number), in single and plied form during the
previous calendar year.
(2) Shirting manufacturers.--
(A) In general.--The affidavit required by
subsection (b)(1)(C)(i) for a calendar year is a
notarized affidavit provided by an officer of a
manufacturer of men's and boys' shirts that affirms--
(i) that the manufacturer used imported
cotton fabric during the year in which the
affidavit is filed and during the previous
calendar year, to cut and sew men's and boys'
woven cotton shirts in the United States;
(ii) the dollar value of imported woven
cotton shirting fabric of 80s or higher count
and 2-ply in warp purchased by the manufacturer
during the previous calendar year;
(iii) that the manufacturer maintains
invoices along with other supporting
documentation (such as price lists and other
technical descriptions of the fabric qualities)
showing the dollar value of such fabric
purchased, the date of purchase, and evidencing
the fabric as woven cotton fabric of 80s or
higher count and 2-ply in warp; and
(iv) that the fabric was suitable for use
in the manufacturing of men's and boys' cotton
shirts.
(B) Date of purchase.--For purposes of the
affidavit under subparagraph (A), the date of purchase
shall be the invoice date, and the dollar value shall
be determined excluding duty, shipping, and related
costs.
(3) Filing date for affidavits.--Any person required to
provide an affidavit under this section shall file the
affidavit with the Secretary or as directed by the Secretary
for any of calendar years 2019 through 2023, not later than
March 15 of that calendar year.
(4) Increase in payments to wool manufacturers in case of
expiration of duty suspensions.--
(A) In general.--In any calendar year in which the
suspension of duty on wool products described in
subparagraphs (B) and (C) is not in effect, the amount
of any payment described in subsection (b)(2) to a
manufacturer or successor-in-interest shall be
increased by an amount the Secretary, after
consultation with the Secretary of Commerce, determines
is equal to the amount the manufacturer or successor-
in-interest would have saved during the calendar year
of the payment if the suspension of duty on such wool
products were in effect.
(B) Special rule for certain fabrics of worsted
wool.--
(i) In general.--With respect to fabrics of
worsted wool described in clause (ii),
subparagraph (A) shall be applied by
substituting ``rate of duty on such wool
products was 10 percent'' for ``suspension of
duty on such wool products were in effect''.
(ii) Fabrics of worsted wool described.--
Fabrics of worsted wool described in this
paragraph are fabrics of worsted wool--
(I) with average fiber diameters
greater than 18.5 micron; and
(II) containing 85 percent or more
by weight of wool.
(C) Covered wool products.--Subparagraph (A)
applies with respect to the following:
(i) Yarn, of combed wool, not put up for
retail sale, containing 85 percent or more by
weight of wool, formed with wool fibers having
average diameters of 18.5 micron or less.
(ii) Wool fiber, waste, garnetted stock,
combed wool, or wool top, the foregoing having
average fiber diameters of 18.5 micron or less.
(iii) Fabrics of combed wool, containing 85
percent or more by weight of wool, with wool
yarns of average fiber diameters of 18.5 micron
or less, certified by the importer as suitable
for use in making men's and boys' suits, suit-
type jackets, or trousers and must be imported
for the benefit of persons who cut and sew such
clothing in the United States.
(iv) Fabrics of combed wool, containing 85
percent or more by weight of wool, with wool
yarns of average fiber diameters of 18.5 micron
or less, certified by the importer as suitable
for use in making men's and boys' suits, suit-
type jackets, or trousers and must be imported
for the benefit of persons who weave worsted
wool fabric suitable for use in such clothing
in the United States.
(D) No appeal of determinations.--A determination
of the Secretary under this paragraph shall be final
and not subject to appeal or protest.
(d) Timing for Distributions.--The Secretary shall make a payment
under subsection (b) for each of calendar years 2019 through 2023, not
later than April 15 of the year of the payment.
(e) Funding.--
(1) Transfer required.--Of the funds of the Commodity
Credit Corporation, the Secretary shall transfer to the Textile
Trust Fund $25,250,000 for each of calendar years 2019 through
2023.
(2) Allocation of funds.--Of the funds transferred under
paragraph (1) for a calendar year--
(A) $8,000,000 shall be available for distribution
under subsection (b)(1);
(B) $15,000,000 shall be available for distribution
under subsection (b)(2); and
(C) notwithstanding subsection (f) of section 506
of the Trade and Development Act of 2000 (7 U.S.C. 7101
note; Public Law 106-200), $2,250,000 shall be
available to provide grants described in subsection (d)
of such section.
(3) Sheep production and marketing.--In addition to funds
made available under paragraph (1), of the funds of the
Commodity Credit Corporation, the Secretary shall use to carry
out section 209 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627a), $2,000,000 for fiscal year 2019, to remain
available until expended.
(4) Duration of availability.--Amounts transferred to the
Textile Trust Fund pursuant to this subsection shall remain
available until expended.
Subtitle D--United States Grain Standards Act
SEC. 11401. RESTORING CERTAIN EXCEPTIONS TO UNITED STATES GRAIN
STANDARDS ACT.
(a) In General.--Grain handling facilities described in subsection
(b) may, on or before the date that is 180 days after the date of the
enactment of this Act, restore a prior exception with an official
agency designated under the rule entitled ``Exceptions to Geographic
Areas for Official Agencies Under the USGSA'' published by the
Department of Agriculture in the Federal Register on April 18, 2003 (68
Fed. Reg. 19137) if--
(1) such grain handling facility and official agency agree
to restore such prior exception; and
(2) such grain handling facility notifies the Secretary of
Agriculture of--
(A) the exception described in paragraph (1); and
(B) the effective date of such exception.
(b) Eligible Grain Handling Facilities.--Subsection (a) shall apply
with respect to grain handling facilities that were--
(1) granted exceptions pursuant to the rule specified in
subsection (a); and
(2) had such exceptions revoked on or after September 30,
2015.
(c) No Unilateral Termination Allowed.--Beginning on the date of
the enactment of this Act, a nonuse of service exception may only be
terminated if two or more parties to such exception, including the
grain handling facility, are in joint agreement with respect to such
termination.
Subtitle E--Noninsured Crop Disaster Assistance Program
SEC. 11501. ELIGIBLE CROPS.
Section 196(a)(2) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333(a)(2)) is amended by striking subparagraph
(A) and inserting the following new subparagraph:
``(A) In general.--Subject to subparagraph (B), in
this section, the term `eligible crop' means each
commercial crop or other agricultural commodity that is
produced for food or fiber (except livestock) for which
catastrophic risk protection under subsection (b) of
section 508 of the Federal Crop Insurance Act (7 U.S.C.
1508) and additional coverage under subsections (c) and
(h) of such section are not available or, if such
coverage is available, it is only available under a
policy that provides coverage for specific intervals
based on weather indexes or under a whole farm plan of
insurance.''.
SEC. 11502. SERVICE FEE.
Section 196(k)(1) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333(k)(1)) is amended--
(1) in subparagraph (A), by striking ``$250'' and inserting
``$350''; and
(2) in subparagraph (B)--
(A) by striking ``$750'' and inserting ``$1,050'';
and
(B) by striking ``$1,875'' and inserting
``$2,100''.
SEC. 11503. PAYMENTS EQUIVALENT TO ADDITIONAL COVERAGE.
(a) Premiums.--Section 196(l)(2)(B)(i) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333(l)(2)(B)(i)) is
amended--
(1) by striking ``and'' at the end of subclause (IV);
(2) by striking ``or'' at the end of subclause (V) and
inserting ``and''; and
(3) by adding at the end the following new subclause:
``(VI) the producer's share of the
crop; or''.
(b) Additional Availability of Coverage.--Section 196(l) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(l)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(c) Period of Availability.--Paragraph (4) of section 196(l) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(l)), as redesignated by subsection (b)(2), is amended--
(1) by striking ``Except as provided in paragraph (3)(A),
additional'' and inserting ``Additional''; and
(2) by striking ``2018'' and inserting ``2023''.
Subtitle F--Other Matters
SEC. 11601. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND
CONSERVATION.
(a) References to Former Under Secretary of Agriculture for Farm
and Foreign Agricultural Services.--
(1) Food aid consultative group.--Section 205(b) of the
Food for Peace Act (7 U.S.C. 1725(b)) is amended by striking
paragraph (2) and inserting the following new paragraph:
``(2) the Under Secretary of Agriculture for Trade and
Foreign Agricultural Affairs;''.
(2) Office of risk management.--Section 226A(d)(1) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6933(d)(1)) is amended by striking ``Under Secretary of
Agriculture for Farm and Foreign Agricultural Services'' and
inserting ``Under Secretary of Agriculture for Farm Production
and Conservation''.
(3) Multiagency task force.--Section 242(b)(3) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6952(b)(3)) is amended by striking ``Under Secretary for Farm
and Foreign Agricultural Services'' and inserting ``Under
Secretary of Agriculture for Trade and Foreign Agricultural
Affairs''.
(4) Interagency committee on minority careers in
international affairs.--Section 625(c)(1)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1131c(c)(1)(A)) is amended by
striking ``Under Secretary for Farm and Foreign Agricultural
Services'' and inserting ``Under Secretary of Agriculture for
Trade and Foreign Agricultural Affairs''.
(b) References to Other Designated Department Officials.--
(1) Definitions under consolidated farm and rural
development act.--Section 343(a)(13)(D) of the Agricultural Act
of 1961 (7 U.S.C. 1991(a)(13)(D)) is amended--
(A) in clause (ii)--
(i) by inserting ``(or other official
designated by the Secretary)'' after ``Under
Secretary for Rural Development''; and
(ii) by inserting ``or designated
official'' after ``Under Secretary'' each other
place it appears; and
(B) in clause (iii)--
(i) by inserting ``(or other official
designated by the Secretary)'' after ``Under
Secretary for Rural Development''; and
(ii) in subclauses (III) and (IV), by
inserting ``or designated official'' after
``Under Secretary'' both places it appears.
(2) National sheep industry improvement center.--Section
210(f)(3)(B)(i) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627b(f)(3)(B)(i)) is amended by inserting ``(or other
official designated by the Secretary of Agriculture)'' after
``Under Secretary of Agriculture for Rural Development''.
(3) Intertribal tourism demonstration projects.--Section
6(a)(2)(A) of the Native American Business Development, Trade
Promotion, and Tourism Act of 2000 (25 U.S.C. 4305(a)(2)(A)) is
amended by inserting ``(or other official designated by the
Secretary of Agriculture)'' after ``Under Secretary of
Agriculture for Rural Development''.
(4) State plans for vocational rehabilitation services.--
Section 101(a)(11)(C) of the Rehabilitation Act of 1973 (29
U.S.C. 721(a)(11)(C)) is amended by inserting ``(or other
official designated by the Secretary of Agriculture)'' after
``Under Secretary for Rural Development of the Department of
Agriculture''.
SEC. 11602. AUTHORITY OF SECRETARY TO CARRY OUT CERTAIN PROGRAMS UNDER
DEPARTMENT OF AGRICULTURE REORGANIZATION ACT OF 1994.
Section 296(b)(8) of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 7014(b)(8)) is amended by inserting ``, section
772 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2018, or the
Agriculture and Nutrition Act of 2018'' before the period at the end.
SEC. 11603. CONFERENCE REPORT REQUIREMENT THRESHOLD.
Section 14208(a)(3)(A) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 2255b(a)(3)(A)) is amended by striking ``$10,000'' and
inserting ``$75,000''.
SEC. 11604. NATIONAL AGRICULTURE IMAGERY PROGRAM.
(a) In General.--The Secretary of Agriculture, acting through the
Administrator of the Farm Service Agency, shall carry out a national
agriculture imagery program to annually acquire aerial imagery during
agricultural growing seasons from the continental United States.
(b) Data.--The aerial imagery acquired under this section shall--
(1) consist of high resolution processed digital imagery;
(2) be made available in a format that can be provided to
Federal, State, and private sector entities;
(3) be technologically compatible with geospatial
information technology; and
(4) be consistent with the standards established by the
Federal Geographic Data Committee.
(c) Supplemental Satellite Imagery.--The Secretary of Agriculture
may supplement the aerial imagery collected under this section with
satellite imagery.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $23,000,000 for fiscal year 2019
and each fiscal year thereafter.
SEC. 11605. REPORT ON INCLUSION OF NATURAL STONE PRODUCTS IN COMMODITY
PROMOTION, RESEARCH, AND INFORMATION ACT OF 1996.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives a report examining the
effect the establishment of a Natural Stone Research and Promotion
Board pursuant to the Commodity Promotion, Research, and Information
Act of 1996 (7 U.S.C. 7401 et seq.) would have on the natural stone
industry, including how such a program would effect--
(1) research conducted on, and the promotion of, natural
stone;
(2) the development and expansion of domestic markets for
natural stone;
(3) economic activity of the natural stone industry subject
to such a Board;
(4) economic development in rural areas; and
(5) benefits to consumers in the United States of natural
stone products.
SEC. 11606. SOUTH CAROLINA INCLUSION IN VIRGINIA/CAROLINA PEANUT
PRODUCING REGION.
Section 1308(c)(2)(B)(iii) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is amended by
striking ``Virginia and North Carolina'' and inserting ``Virginia,
North Carolina, and South Carolina''.
SEC. 11607. ESTABLISHMENT OF FOOD LOSS AND WASTE REDUCTION LIAISON.
Subtitle A of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6901 et seq.), as amended by section 11204, is further
amended by adding at the end the following:
``SEC. 222. FOOD LOSS AND WASTE REDUCTION LIAISON.
``(a) Establishment.--The Secretary shall establish within the
Office of the Secretary a Food Loss and Waste Reduction Liaison to
coordinate Federal programs to measure and reduce the incidence of food
loss and waste in accordance with this section.
``(b) Duties.--The Food Loss and Waste Reduction Liaison shall--
``(1) coordinate food loss and waste reduction efforts with
other Federal agencies, including the Environmental Protection
Agency and the Food and Drug Administration;
``(2) support and promote Federal programs to measure and
reduce the incidence of food loss and waste and increase food
recovery;
``(3) provide information to, and serve as a resource for,
entities engaged in food loss and waste reduction and food
recovery concerning the availability of, and eligibility
requirements for, participation in Federal programs;
``(4) raise awareness of the liability protections afforded
under the Bill Emerson Good Samaritan Food Donation Act (42
U.S.C. 1791) to persons engaged in food loss and waste
reduction and food recovery; and
``(5) make recommendations with respect to expanding food
recovery efforts and reducing the incidence of food loss and
waste.
``(c) Cooperative Agreements.--For purposes of carrying out the
duties under subsection (b), the Food Loss and Waste Reduction Liaison
may enter into contracts or cooperative agreements with the research
centers of the Research, Education, and Economics mission area,
institutions of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)), or nonprofit
organizations for--
``(1) the development of educational materials;
``(2) the conduct of workshops and courses; or
``(3) the conduct of research on best practices with
respect to food loss and waste reduction and food recovery.''.
SEC. 11608. ESTABLISHMENT OF FOOD ACCESS LIAISON.
(a) In General.--Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6901 et seq.), as amended by
sections 11204 and 11607, is amended by adding at the end the
following:
``SEC. 223. FOOD ACCESS LIAISON.
``(a) Establishment.--The Secretary shall establish the position of
Food Access Liaison to coordinate Department programs to reduce
barriers to food access and monitor and evaluate the progress of such
programs in accordance with this section.
``(b) Duties.--The Food Access Liaison shall--
``(1) coordinate the efforts of the Department, including
regional offices, to experiment and consider programs and
policies aimed at reducing barriers to food access for
consumers, including but not limited to participants in
nutrition assistance programs;
``(2) provide outreach to entities engaged in activities to
reduce barriers to food access in accordance with the statutory
authorization for each program;
``(3) provide outreach to entities engaged in activities to
reduce barriers to food access, including retailers, markets,
producers, and others involved in food production and
distribution, with respect to the availability of, and
eligibility for, Department programs;
``(4) raise awareness of food access issues in interactions
with employees of the Department;
``(5) make recommendations to the Secretary with respect to
efforts to reduce barriers to food access; and
``(6) submit to Congress an annual report with respect to
the efforts of the Department to reduce barriers to food
access.''.
(b) Technical Assistance.--The Secretary shall provide technical
assistance to entities that are participants, or seek to participate,
in Department of Agriculture programs related to reduction of barriers
to food access.
SEC. 11609. COTTON CLASSIFICATION SERVICES.
Section 3a of the Act of March 3, 1927 (7 U.S.C. 473a), is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Hiring Authority.--Notwithstanding any other provision of
law, employees hired to provide cotton classification services pursuant
to this section may work up to 240 calendar days in a service year and
may be rehired non-competitively every year in the same or a successor
position if they meet performance and conduct expectations, as
determined by the Secretary.''.
SEC. 11610. CENTURY FARMS PROGRAM.
The Secretary shall establish a program under which the Secretary
recognizes any farm that--
(1) a State department of agriculture or similar statewide
agricultural organization recognizes as a Century Farm; or
(2)(A) is defined as a farm or ranch under section 4284.902
of title 7, Code of Federal Regulations (as in effect on the
date of enactment of this Act);
(B) has been in continuous operation for at least 100
years; and
(C) has been owned by the same family for at least 100
consecutive years, as verified through deeds, wills, abstracts,
tax statements, or other similar legal documents considered
appropriate by the Secretary.
SEC. 11611. REPORT ON AGRICULTURAL INNOVATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture, in consultation
with the Administrator of the Environmental Protection Agency and the
Commissioner of the Food and Drug Administration, shall prepare and
submit a report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate on plans for improving the Federal government's
policies and procedures with respect to gene editing and other
precision plant breeding methods.
(b) Content.--The report under subsection (a) shall include plans
to implement measures designed to ensure that--
(1) the United States continues to provide a favorable
environment for research and development in precision plant
breeding innovation and maintains its leadership with respect
to that innovation;
(2) for plants for which premarket review is required under
the Plant Protection Act (7 U.S.C. 7701 et seq.), the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), or
the Federal Food, Drug, and Cosmetic Act, the process for such
review is designed--
(A) to minimize regulatory burden while assuring
protection of public health and welfare; and
(B) to ensure that resources of the Department of
Agriculture are focused on plants with less familiar
characteristics, more complex risk pathways, or both;
(3) each agency referred to in subsection (a) recognizes
that certain applications of gene editing in plants do not
warrant such a premarket review process;
(4) each agency referred to in subsection (a) clearly
communicates the rationale for the regulatory policies and
decisions of such agency to the public through broadly
available and easily accessible tools;
(5) categories of plants that are familiar and have a
history of safe use be identified and exempted from such
premarket review or be subject to an expedited, independent
premarket review process for which data requirements are
reduced;
(6) regulatory processes of each agency referred to in
subsection (a) are predictable, efficient, not duplicative, and
designed to accommodate rapid advances in plant breeding
technology; and
(7) where Federal law provides for regulatory oversight of
plant breeding technology by more than one Federal agency, the
relevant Federal agencies enter into appropriate interagency
agreements to shift responsibility for particular categories of
plant products and regulatory activities for purposes of
meeting the goals specified in paragraphs (1) through (6).
SEC. 11612. REPORT ON DOG IMPORTATION.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Agriculture, in consultation with the Secretary
of Commerce, the Secretary of Health and Human Services, and the
Secretary of Homeland Security, shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
contains the following information, with respect to the importation of
dogs into the United States:
(1) An estimate of the number of dogs so imported each
year.
(2) The number of dogs so imported for resale.
(3) The number of dogs for which such importation for
resale was requested but denied because such importation failed
to meet the requirements of section 18 of the Animal Welfare
Act (7 U.S.C. 2148).
(4) The Secretary's recommendations for Federal statutory
changes determined to be necessary for such importation for
resale to meet the requirements of such section.
SEC. 11613. PROHIBITION ON SLAUGHTER OF DOGS AND CATS FOR HUMAN
CONSUMPTION.
The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding
at the end the following new section:
``SEC. 30. PROHIBITION OF SLAUGHTER OF DOGS AND CATS FOR HUMAN
CONSUMPTION.
``(a) Prohibition.--No person may--
``(1) knowingly slaughter a dog or cat for human
consumption; or
``(2) knowingly ship, transport, move, deliver, receive,
possess, purchase, sell, or donate--
``(A) a dog or cat to be slaughtered for human
consumption; or
``(B) dog or cat parts for human consumption.
``(b) Penalty.--Any person who violates this section shall be
subject to imprisonment for not more than 1 year, or a fine of not more
than $2,500, or both.
``(c) Scope.--Subsection (a) shall apply only with respect to
conduct in or affecting interstate or foreign commerce or within the
special maritime and territorial jurisdiction of the United States.
``(d) Conflict With State Law.--This section shall not be construed
to limit any State or local law or regulations protecting the welfare
of animals or to prevent a State or local governing body from adopting
and enforcing animal welfare laws and regulations that are more
stringent than this section.''.
SEC. 11614. CONSIDERATION OF THE TOTALITY OF CONSERVATION MEASURES.
Section 7(b)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1536(b)(3)) is amended by adding at the end the following:
``(C) In determining whether a Federal agency
action is likely to jeopardize the continued existence
of any endangered species or threatened species or
result in the destruction or adverse modification of
the critical habitat of a species, the Secretary shall
consider the offsetting effects of all avoidance,
minimization, and other species-protection or
conservation measures that are already in place or
proposed to be implemented as part of the action,
including the development, improvement, protection, or
management of species habitat whether or not it is
designated as critical habitat of such species.''.
SEC. 11615. DEPREDATION PERMITS FOR BLACK VULTURES.
(a) In General.--The Secretary of the Interior, in conjunction with
the Director of the United States Fish and Wildlife Service, may issue
depredation permits to livestock farmers, authorizing takings of black
vultures otherwise prohibited by Federal law to prevent such vultures
from taking livestock during the calving season.
(b) Limited to Affected States or Regions.--The Secretary may issue
such permits only to livestock farmers in States and regions in which
livestock farmers are affected by black vultures, as determined by
Secretary in conjunction with the Director.
(c) Reporting.--The Secretary shall require, as a condition of such
a permit, that the permit holder shall report to the appropriate
enforcement agencies the takings of black vultures under the permit.
SEC. 11616. EXTENDING PROHIBITION ON ANIMAL FIGHTING TO THE
TERRITORIES.
(a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C.
2156) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Except as
provided in paragraph (3), it'' and inserting ``It'';
and
(B) by striking paragraph (3);
(2) by striking subsection (d); and
(3) by redesignating subsections (e), (f), (g), (h), (i),
and (j) as subsections (d), (e), (f), (g), (h), and (i),
respectively.
(b) Use of Postal Service or Other Interstate Instrumentalities.--
Section 26(c) of the Animal Welfare Act (7 U.S.C. 2156(c)) is amended
by striking ``(e)'' and inserting ``(d)''.
(c) Criminal Penalties.--Subsection (i) of section 26 of the Animal
Welfare Act (7 U.S.C. 2156), as redesignated by section 2(3), is
amended by striking ``(e)'' and inserting ``(d)''.
(d) Enforcement of Animal Fighting Prohibitions.--Section 49(a) of
title 18, United States Code, is amended by striking ``(e)'' and
inserting ``(d)''.
SEC. 11617. WATERS OF THE UNITED STATES RULE.
The final rule issued by the Administrator of the Environmental
Protection Agency and the Secretary of the Army entitled ``Clean Water
Rule: Definition of `Waters of the United States''', published on June
29, 2015 (80 Fed. Reg. 37054), is repealed, and any regulation or
policy revised under, or otherwise affected as a result of, that rule
shall be applied as if that rule had not been issued.
Subtitle G--Protecting Interstate Commerce
SEC. 11701. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL
GOVERNMENTS WITH PRODUCTION OR MANUFACTURE OF ITEMS IN
OTHER STATES.
(a) In General.--Consistent with article I, section 8, clause 3 of
the Constitution of the United States, the government of a State or
locality therein shall not impose a standard or condition on the
production or manufacture of any agricultural product sold or offered
for sale in interstate commerce if--
(1) such production or manufacture occurs in another State;
and
(2) the standard or condition is in addition to the
standards and conditions applicable to such production or
manufacture pursuant to--
(A) Federal law; and
(B) the laws of the State and locality in which
such production or manufacture occurs.
(b) Agricultural Product Defined.--In this section, the term
``agricultural product'' has the meaning given such term in section 207
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).
SEC. 11702. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE REGULATION OF
INTERSTATE COMMERCE.
(a) Private Right of Action.--A person, including a producer,
transporter, distributer, consumer, laborer, trade association, the
Federal Government, a State government, or a unit of local government,
which is affected by a regulation of a State or unit of local
government which regulates any aspect of an agricultural product,
including any aspect of the method of production, which is sold in
interstate commerce, or any means or instrumentality through which such
an agriculture product is sold in interstate commerce, may bring an
action in the appropriate court to invalidate such a regulation and
seek damages for economic loss resulting from such regulation.
(b) Preliminary Injunction.--Upon a motion of the plaintiff, the
court shall issue a preliminary injunction to preclude the State or
unit of local government from enforcing the regulation at issue until
such time as the court enters a final judgment in the case, unless the
State or unit of local government proves by clear and convincing
evidence that--
(1) the State or unit of local government is likely to
prevail on the merits at trial; and
(2) the injunction would cause irreparable harm to the
State or unit of local government.
(c) Statute of Limitations.--No action shall be maintained under
this section unless it is commenced within 10 years after the cause of
action arose.
Passed the House of Representatives June 21, 2018.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 483
115th CONGRESS
2d Session
H. R. 2
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AN ACT
To provide for the reform and continuation of agricultural and other
programs of the Department of Agriculture through fiscal year 2023, and
for other purposes.
_______________________________________________________________________
June 21, 2018
Received; read twice and placed on the calendar